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HomeMy WebLinkAboutHuntington Surf and Sport Inc. - 2024-05-08 (2) r a 2000 Main Street, Huntington Beach. CA 92648 City of Huntington Beach� APPROVED 7-0 �y couNri File #: 24-325 MEETING DATE: 5/7/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Eric G. Parra, Interim City Manager VIA: Scott M. Haberle, Fire Chief PREPARED BY: Kevin Justen, Senior Management Analyst Subject: Approve and authorize an agreement with Huntington Surf and Sport for Junior Lifeguard Program clothing, uniforms and merchandise Statement of Issue: The Junior Lifeguard Program is conducted annually and provides area youth the opportunity to learn ocean safety, lifesaving techniques, first aid, marine ecology, fitness and other valuable skills. The program provides clothing, uniforms and merchandise to participants through the Friends of the HB City Junior Guards, a non-profit 501(3)c corporation. The Friends group recently notified the City that they are not willing to continue providing these supplies and a Request for Qualification process was conducted, resulting in one bidder, Huntington Surf and Sport. At this time, it is requested that the agreement shown as Attachment 1 be approved, authorizing Huntington Surf and Sport to serve as the vendor for these supplies. Financial Impact: Because Junior Lifeguard Program participants will purchase clothing, uniforms and merchandise directly from Huntington Surf and Sport, approval of this agreement will have no financial impact to the City. Recommended Action: Approve and authorize the Interim City Manager to execute the agreement with Huntington Surf and Sport for Junior Lifeguard Program clothing, uniforms and merchandise. Alternative Action(s): Do not approve agreement and direct staff accordingly Analysis: Annually approximately 1,300 area youth participate in the Junior Lifeguard Program. This summer program provides youth from the City and the surrounding area the opportunity to learn ocean safety, City of Huntington Beach Page 1 of 2 Printed on 5/1/2024 oowere224 Leg istarT File #: 24-325 MEETING DATE: 5/7/2024 lifesaving techniques, first aid, marine ecology, fitness and other valuable skills. Participants are provided Junior Lifeguard uniforms, including a backpack, T-shirt, boardshorts, sweatshirt and hat. Since 2021, these items have been obtained from the Friends of the HB Junior Guards (FJG), a tax-exempt, non-profit charitable corporation established to support and enhance the Huntington Beach Junior Lifeguard Program. In April 2024, FJG formally notified the City that they would be terminating their MOU with the City and no longer providing program supplies. Previously they informed staff that they no longer desired to continue serving as the vendor for these items and a request, for qualification process was conducted to find a replacement. Only one vendor responded to the RFQ process and at this time it is recommended that the City Council approve and authorize an agreement with Huntington Surf and Sport to provide Junior Lifeguard Program clothing, uniforms and merchandise. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Agreement with Huntington Surf and Sport for Junior Lifeguard Program Clothing, Uniforms and Merchandise City of Huntington Beach Page 2 of 2 Printed on 5/1/2024 powere224 LegistarT' LICENSE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND HUNTINGTON SURF AND SPORT INC. THIS AGREEMENT is made and entered into this eighth day of May, 2024 by and between THE CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as"CITY," and HUNTINGTON SURF AND SPORT INC., a California Corporation, hereinafter referred to as "HSS." WHEREAS, CITY has an ongoing ocean education and safety program known as the Huntington Beach Junior Lifeguard Program for the benefit of the youth of Huntington Beach and surrounding communities designed to provide participants with the opportunity to learn ocean safety, surf lifesaving techniques, first aid, marine ecology, and oceanography in a context that is both physical and disciplined, fostering self-confidence and respect for others (the"PROGRAM"); and WHEREAS, CITY has developed and owns the LOGO of the PROGRAM. Logo of the PROGRAM is the phrase "Huntington Beach Jr. Lifeguard" circling a United States Shield ("LOGO"). CITY owns the trademark to the LOGO; and WHEREAS, all youths enrolled in the PROGRAM("Participants") are required to wear tee-shirts and board shorts bearing the LOGO. Currently, CITY provides each Participant, as part of the PROGRAM enrollment fee, two shirts, men's or women's board shorts, and a backpack, all bearing the LOGO; and NOW, THEREFORE, it is agreed by CITY and HSS as follows: 1. SALE OF LOGO AND PROGRAM RELATED MERCHANDISE a. Effective immediately upon the execution of this Agreement by HSS and its approval by the City Council, HSS shall assume the right and obligation to manufacture procure and sell all clothing, towels, and other merchandise bearing the LOGO, including but not limited to all newly produced board shorts, backpacks,tee-shirts, sweatshirts, stickers, dog tags, license plate frames, and towels. HSS may sell additional merchandise bearing the LOGO with the approval of the Fire Chief, or his or her designee. 24-14007/338073 1 b. The City reserves the right to sell any merchandise bearing the LOGO produced before the approval of this Agreement. The City agrees to give HSS the option to purchase and/or sell the goods at a rate determined to be reasonable by the CITY before the CITY sells any formerly produced merchandise bearing the LOGO. c. HSS shall retain or hire an artist to prepare yearly novel beach-related artwork to appear on clothing and merchandise at its sole cost and expense. HSS shall sell such clothing and merchandise to the general public. d. HSS shall only sell shirts, and board shorts bearing the LOGO to persons the CITY has certified are Participants in the PROGRAM. e. HSS shall comply with the scope of services and all production requirements contained in Request for Qualifications for Producer and Vendor of Junior Lifeguard Program Uniforms, attached as ATTACHMENT 1. f. HSS shall sell required clothing for the PROGRAM per ATTACHMENT 2 with any annual CPI increase capped at 5%. g. HSS shall be responsible for collecting and paying all sales tax on merchandise sales. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with HSS in the performance of this Agreement. The CITY may reassign the staff coordinator role or assign multiple coordinators at any time. 3. TERM OF AGREEMENT The term of this Agreement shall be for the period commencing on May 8, 2024 ("Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. Either CITY or HSS may terminate the Agreement at any time without cause with one hundred eighty(180) days prior written notice to the other party or at an earlier time with the written consent of the non-terminating party. The parties may agree in writing to extend the Agreement for one additional three-year term. 4. BOOKS AND RECORDS A. Commencing one month after the approval of this Agreement and each month thereafter during the term of this Agreement(including any extension thereof), HSS shall prepare, maintain and transmit to CITY a monthly statement of all wholesale and retail merchandise sold by it during the previous month. Each such monthly statement shall be submitted to CITY no later than twenty (20) days after the end of the previous calendar month. 24-14007/338073 2 B. CITY shall have the right to inspect HSS's books and records stated and described in this section and to conduct a financial audit of such books and records with 30 days notice at any time during this agreement. C. LICENSE shall at all times keep or cause to be kept, complete and accurate records and books of account showing the total amount of gross sales of any retail or wholesale merchandise covered by this Agreement. D. HSS agrees to maintain for a period of seven (7) years following the close of each calendar month all records and books of account and all cash register tapes showing or in any way pertaining to the sale of retail or wholesale merchandise covered by this Agreement. 5. USE OF CITY SEALS AND LOGOS CITY reserves the sole right to approve the use of protected CITY seals and all other protected CITY provided logos or marks as it may deem appropriate, excluding license agreements previously entered upon. 6. INDEMNIFICATION DEFENSE HOLD HARMLESS HSS hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers and employees against any and all liability, claims, lawsuits,judgments, costs and demands,however caused, including those resulting from death or injury to HSS's employees and damage to HSS's property, arising directly or indirectly out of the obligations or operations herein undertaken by HSS, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. HSS will conduct all defense at its sole cost and expense. CITY shall be reimbursed by HSS for all costs or attorney fees incurred by CITY in enforcing this obligation. 7. WORKERS' COMPENSATION HSS shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of the California Labor Code and all amendments thereto; and all similar state and federal acts or laws applicable• and shall indemnify, defend and hold harmless CITY from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against CITY, for or on account of any liability under any said acts which may be incurred by reason of work to be performed by HSS under this Agreement. HSS shall obtain and furnish to CITY, as required by the State of California, evidence of maintenance of statutory workers' compensation insurance and employers' liability in an amount of not less than$1,000,000 per accident for bodily injury or disease. If the organization/company 24-14007/338073 3 has no compensated employees working, HSS may complete and return a "non-employer status" form to be used in lieu of a workers' compensation insurance certificate. 8. GENERAL LIABILITY INSURANCE HSS shall obtain and furnish to CITY a policy of general public liability insurance, including motor vehicle coverage. Said policy shall indemnify HSS, its officers, agents and employees,while acting within the scope of their duties, against any and all claims arising out of or in connection with this Agreement, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit,the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, agents and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to this Agreement shall be deemed excess coverage and that HSS's insurance shall be primary. 9. CERTIFICATES OF INSURANCE Prior to commencing performance of the work hereunder,HSS shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement, said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. HSS shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by HSS under this Agreement. CITY or its representative at all times have the right to demand the original or a copy of all said policies of insurance.HSS shall pay, in a prompt and timely manner,the premiums on all forms of insurance hereinabove required. 10. INDEPENDENT CONTRACTOR HSS is, and shall be, acting at all times in the performance of this Agreement as an independent contractor. HSS shall secure at its expense, and be responsible for any and all payments of all taxes, social security, state disability insurance compensation,unemployment compensation and other payroll deductions for HSS and its officers, agents and employees and all business licenses, if any, in connection with the services to be performed hereunder. 11. CITY EMPLOYEES AND OFFICIALS HSS shall employ neither CITY official nor any regular CITY employee in the work performed pursuant to this Agreement.No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code Section 1090 et seq. 24-14007/338073 4 12. PHOTOGRAPHY CITY may grant permits to persons engaged in the production of still and motion pictures, television programs, advertising and related activities, to take photographs and/or motion pictures of the PROGRAM and its LOGO. 13. NON-ASSIGNABILITY HSS shall not sell, assign, transfer, convey or encumber this Agreement. Any such sale, assignment, transfer, conveyance or encumbrance shall be deemed null and void as to CITY and shall be of no force and effect. Anyencumbrance, assignment or transfer, without the prior written consent of the other party, whether it be voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option of the other party, terminate this Agreement. 14. CUMULATIVE REMEDIES The remedies given to the parties in this Agreement shall not be exclusive but shall be cumulative and in addition to all remedies now or hereafter allowed by law or elsewhere provided in this Agreement. 15. WAIVER OF BREACH The waiver by CITY of any breach by HSS of any of the provisions of this Agreement, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such breach or a waiver of any subsequent breach by HSS either of the same or another provision of this Agreement. 16. FORCE MAJEURE-UNAVOIDABLE DELAYS Should the performance of any act required by this Agreement to be performed by either CITY or HSS be prevented or delayed by reason of an act of God, strike, lockout, labor troubles, inability to secure materials, restrictive governmental laws or regulations, or any other cause (except financial inability) not the fault of the party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay and performance of the act during the period of delay will be excused. 17. NOTICES Any notices of special instructions required to be given in writing under this Agreement shall be given either by personal delivery to HSS's agent or to CITY's Office of Business Development as the situation shall warrant, or by enclosing the same in a sealed envelope, 24-14007/338073 5 postage prepaid, and depositing the same in the United States Postal Services, addressed as follows: TO CITY: TO: HUNTINGTON SURF & SPORT City of Huntington Beach Huntington Surf& Sport ATTN: Fire Chief ATTN: Aaron Pai 2000 Main Street 300 Pacific Coast Highway, Suite 410 Huntington Beach, CA 92648 Huntington Beach, CA 92648 18. IMMIGRATION HSS shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 19. LEGAL SERVICES SUBCONTRACTING PROHIBITED HSS and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. HSS understands that pursuant to Huntington Beach Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by HSS for whatever reason. 20. ATTORNEY'S FEES In the event of any litigation to enforce the terms and provisions of this AGREEMENT, each party shall bear its own costs and attorney's fees. The prevailing party shall notbe entitled to recover its attorneys' fees from the non-prevailing patty. 21. CONTROLLING LAW AND VENUE The rights and liabilities of the patties, and the interpretation and construction of this Agreement, shall be determined in accordance with the laws of the State of California. Any controversy arising out of or under this Agreement, if litigated, shall be adjudicated ina court of competent jurisdiction in Orange County, California. 22. SECTION TITLES Section titles in this Agreement are used only as a matter of convenience and for reference, and in no way define, limit or describe the scope of intent of this Agreement or in any way affect this Agreement. 24-14007/338073 6 23. TIME OF ESSENCE Time is of the essence with respect to all provisions of this AGREEMENT in which a definite time for performance is specified including, but not limited to, the expiration of this Agreement. 24. PARTIAL INVALIDITY Should any provision of this AGREEMENT be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect unimpaired by the holding, so long as the reasonable expectations of the patl ies hereto are not materially impaired. 25. ENTIRETY The foregoing sets forth the entire Agreement between the parties, and supersedes any prior agreements. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers the day,month and year first written above. HUNTINGTON SURF & SPORT, INC. CITY: CITY OF HUNTINGTON BEACH, a yL /1-, Municipal corporation of the State of California By: , rc.„: Mayor AITIEST: COUNTERPART City Clerk INITIATED AND APPROVED: Fire Chief REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: (-(. City Attorney 24-14007/338073 7 23. TIME OF ESSENCE Time is of the essence with respect to all provisions of this AGREEMENT in which a definite time for performance is specified including, but not limited to,the expiration of this Agreement. 24. PARTIAL INVALIDITY Should any provision of this AGREEMENT be held by a court of competent jurisdiction to be either invalid, void, or unenforceable,the remaining provisions of this Agreement shall remain in full force and effect unimpaired by the holding, so long as the reasonable expectations of the pat 1 ies hereto are not materially impaired. 25. ENTIRETY The foregoing sets forth the entire Agreement between the parties,and supersedes any prior agreements. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers the day,month and year first written above. HUNTINGTON SURF& SPORT, INC. CITY: CITY OF •UNTINGTON BEACH,a Munici' .1 co .oration``of the State of California 0216 1 By: 71, w ✓f J Mayor ATTESTy) ind 9, 47/ 44.41414.0 COUNTERPART City Clerk Sn/-u/k INITIATED AND APPROVED: Fire Chief D A APPRO D: City Manager APPROVE ORM: City Attorney 24-14007/338073 7 Attachment 1 JR. LIFEGUARD & SAND CRAB UNIFORM & EQUIPMENT DETAIL & SIZE SHEET Note: The quantities are for year one estimates that incorporates previous years remaining stock. The following years are estimated to be higher and will be discussed with the vendor SWEATSHIRTS Hooded pullover with 10 oz (330 gm) cotton/polyester blend 3-end fleece with ring spun cotton, 70% Cotton/30%Polyester with 100% cotton 32 singles face yarn. Other features are fleece lined hoods, split stitch double needle sewing on all seams for durability, twill neck tape for extra reinforcement and comfort. Nickel eyelets, 100% cotton round braided drawcord and 1 x 1 ribbing at cuffs and waistband. - Print 4-Color design logo on back and front chest -Art work will be available once awarded. Color to be determined Sizes Needed: 20—Youth Small 120—Youth Medium 230—Youth Large 320—Adult Small 230 - Adult Medium 200—Adult Large 7Q—Adult X-Large 15 —Adult XX Large Total= 1,205 T-SHIRTS Premium Blank T-Shirt with 4.5 oz weight with 100%Ring-Spun Cotton, Preshrunk Fabric. Each has elf jersey neck tape, double needle bottom and sleeve hems. With navy blue and red print -Screen print font Junior Guard emblem upper left front -Full size Junior Guard emblem on the back Sizes Needed: 400—Youth Medium 250 - Youth Large 0—Youth X-Large 100—Adult Small 150—Adult Medium 60—Adult Large 40—Adult XL 0—Adult XXL Total= 1,000 BOYS BOARDSHORTS Boardshorts that are lightweight and flexible with a straight hem outseam, 91%recycled polyester'9% spandex, 4-way stretch fabric and zig zag interior stitch waistband. Signature metal rivet, custom flat tubular drawcord with hand dipped ends. Left leg patch pocket with velcro pocket flap closure, interior pocket shock cord key loop, right side seam zip pocket with signature pull. -Color must be red and match prior inventory. -Junior Lifeguard patch to be sewn on the front left leg of boardshorts. Sizes Needed: Size 20—0 Size 22— 100 Size 24— 150 Size 26— 100 Size 28 — 100 Size 30— 100 Size 32—80 Size 34— 10 Size 36—0 Size 38—0 Size 40—0 Total= 640 GIRLS BOARDSHORTS—(GIRLS CUT) Boardshorts that are lightweight and flexible with a straight hem outseam, 91%recycled polyester 9% spandex, 4-way stretch fabric and zig zag interior stitch waistband. Signature metal rivet, custom flat tubular drawcord with hand dipped ends. Left leg patch pocket with velcro pocket flap closure, interior pocket shock cord key loop, right side seam zip pocket with signature pull. -Color must be red and match prior inventory. -Junior Lifeguard patch to be sewn on the front left leg of boardshorts. Sizes Needed: Size Triple 0—5Q Size Double 0—80 Size 0— 80 Size 1 —80 Size 3 —0 Size 5 —0 Size 7—Q Size 9—0 Size 11- 0 Size 13 —0 Size 15 —0 Size 17—0 Size 19 - 0 Total=290 HATS Superior Cotton Twill Flat Bill w/ Superior Polyester Mesh Back and custom embroidered log. Made with a 100% Cotton front and 100%Polyester Mesh back. A structured firm front panel, 5 panel cap and seamed front panel with full Buckram. Also each hat has a square flat Visor, 4 sewn eyelets, 8 rows stitching on flat visor, matching fabric sweatband and plastic snap closure. An adult OSFM (one size fits most, 58cm/22.8") Total= 400 VISORS A red visor with Velcro back closure. Custom embroidered HBJG logo on the front. Total= 0 Note: None needed to be produced for year 1 due to previous inventory. Future production is to be determined. BACKPACKS A red backpack to match the quality and esthetic of the backpack currently held in inventory. Main compartment must be large enough to hold swim fins, lunch, drink bottle, beach towel, and sweatshirt. Embroidered Junior Guard design on the front. Total= 0 Note: None needed to be produced for year 1 due to previous inventory. There will be demand for production in future years. SAND CRAB T-SHIRTS Premium Blank T-Shirt with 4.5 oz weight with 100%Ring-Spun Cotton, Preshrunk Fabric. Each has elf jersey neck tape, double needle bottom and sleeve hems. With navy blue and red print , -Screen print font Sand Crab Artwork on upper left front -Full size Sand Crab Artwork on the back Size Youth XS - 0 Size Youth S- 50 Size Youth M - 200 Size Youth L- 120 Size Youth XL- 50 Size Adult S- 0 Total= 420 SAND CRAB SWEATSHIRTS Hooded pullover with 10 oz(330 gm) cotton/polyester blend 3-end fleece with ring spun cotton, 70% Cotton/30% Polyester with 100% cotton 32 singles face yarn. Other features are fleece lined hoods, split stitch double needle sewing on all seams for durability,twill neck tape for extra reinforcement and comfort. - Sand Crab artwork logo on back and front chest -Art work will be available once awarded. Orange color must match prior inventory Size Youth S- 5 Size Youth M - 60 Size Youth L- 80 Size Youth XL- 0 Size Adult S- 40 Total= 185 Attachment 2 Bid Sheet Vendor is to provide pricing for year 1 for each uniform article.The following years can be revised but not to exceed the CPI for Los Angeles-Long Beach-Anaheim. Item - Wholesale Cost Retail Price HBJG Sweatshirt $17.31 $39.99 HBJG T-Shirt $9.8Q $19.99 Boys Boardshort $31.49 $49.99 Girls Boardshort $31.49 $49.99 HBJG Hat $19.80 $24.99 Backpack $24.45 $35.99 Visor $16.49 $16.99 Sand Crab T-Shirt $10.93 $18.99 Sand Crab Sweatshirt $19.81 $34.99 Package Deal (T-Shirt, Sweatshirt, $99.54 $150.00 Visor, Backpack, Boardshorts) 11 .......,•�..IN HUNTSUR-01 GSCHRENI ACORU" DATE(MMIDD1YYYY) `,,...- , CERTIFICATE OF LIABILITY INSURANCE 5/2/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED,the policy(Jes)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER License#0757776 rkwiTT..CT Gall Schrenk HUB International Insurance Services Inc. PHONE FAX PO Box 5345 (wc,No,Ean:(951)779-8763 I(A/c,Nal:PSI)231-2572 Riverside,CA 92517 mu:cai.cpu@hubinternational.com INSURER(S)AFFORDING COVERAGE NAIC II , INSURER A:Travelers Property Casualty Company of America 25674 INSURED INSURER B: Huntington Surf and Sport,Inc. INSURER C: 300 Pacific Coast Hwy,Suite 410 INSURER 0: Huntington Beach,CA 92648 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY DC ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCEDppop BY PAID CLAIMS. ILTSRR TYPE OF INSURANCE INSD HIND POUCY NUMDER /MMILOID/YYYFYI IMMND EXP MYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY 1,000,000 EACH OCCURRENCE S CLAIMS-MADE n OCCUR Y6308W412480T1L23 7/1/2023 711f2024 DAMAGE TO RENTED 300,000 X PREMISES IEa occurrence) $ Ded Sao MED EXP(Am one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENT.AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,006 POLICY n ms, 0 LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: S A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT il $ 1,000,000 X ANY AUTO _ BA8W4126932314G 7/1/2023 7/1/2024 BODILY INJURY(Per person) $ AUURRTOpS ONLY SCHEDULED _BODILY INJURYp (Per accident) $ x 'AIM ONLY X AUTOS ONLY (PeOrPEnl1 AMAGE $ X Camp&Cot X Deductible$1,000 ( S A X UMBRELLA LIAB X OCCUR 5,000,000 ' I EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE CUP8W4132112314 7/112023 7/112024 AGGREGATE $ 5,000,000 DED I X RETENTIONS 0 $ A WORKERS COMPENSATION X STA UTE ER AND EMPLOYERS'LIABILITY 1,000,000 ANY PROPRIETORIPARTNER/EXECUTNE Y/N UB8W4129452314G 7/1/2023 7/1/2024 E.L EACH ACCIDENT S ? anaEaR/M¢^IR&EXCLUDED? El N I A 1,000,000 �+Y to 1 E.L.DISEASE-EA EMPLOYEE $ If yes describe under 1,000,000 DESCRIPTION OF OPERATIONS below EL.DISEASE-POLICY UMW $ DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached II more space Is required) Umbrella policy follows underlying coverages:DL,Auto&WC. APPROVED AS TO FORM , Proof of Insurance By:MICHAEL E.GATES ,. CM ATTORNEY - CITY F�F MNI�TIN(�1'AN PlEA�H CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 9 ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE / � I ACORD 25(2016/03) @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 4.61010E1301AL rGENERAL LJAPIWY ..„,. POLICY NUMBER: ISSUE DATE 11-01-2023 THIS ENDORSEMENT CHANGES THE POUOC.PLEASEREAD1T CAREFULLY. „ , DESIGNATED SPECIAL EVENTS ,• This endorsement imdeethitibobwino POWOOPlaaall.gRa,:maiLiTy-COVERAOR'PART 0.00.1414.4TEP SPECIAL ataNT%4CHEDUIX! .0000090*j-PootpAtooi§000to,g*ogot City ttkootco:Beach,itS officers,elect -appointed,-: offlcials,employees,agents and volunteers ,12 16.00tfiai*Stroot • Huntington Beach CA 92648 1. This the07400.**Oliee titi:'"b0.014001urr "000.04t FIrtg$11009, • xfOmogot%.:goorooriOL.InjOrr or"advertising. Injury" "Personal Injury" "advertising arising out arising the „ : of fireworks, pyrotechnic devices,.concussion ef. Pookti*P34,Spootponto,-..§0owiobos: fect,smoke pot, pot or'.other stinitar*isitoei.2. The • „. , . ::following is added to Paragraph 2. Exclu- 4= The following is added to the slons of COVERAGE,A BODILY INJURY AND operations hazard" Adefinition In DEFINITIONS PROPERTY DAMAGELIABILITY InE ostidtTvl: AGES(Section Includes ak100,11P, Injury"and "property damage" 1"..14t0t001.100 arising out of your "designated products" On tdd*Initty,E.cfIrt.p. tt9'daiagte,Aitaig.o. t . toisee Yee'eoaeglireenet4 or on the*010 next to trewo*k:pyotooforo,401cek concussion effect, myou smoke pot,flash Oat or other similar devices. ItifO:PrOVIOOtv4.ItealgridtOd products!' 001004 apparel, buttons, records, CDs, :IPA/Pk, 3. The following us added to Paragraph 1.,.!EXON- tapes,posters,badges,photos,stickers and other • 0100e of OOVERAOE:ti'PERSONAL AND AD- 40110.Pr.40.010 4004 to promote a special event VERTISING INJURY LIABILITY In COVERAGES described 41' the Designated Events (Section I): SohOOOtkabOYO. All'011orIonisof.yoor policy remain the same. • • teta.AO 02007,1herSt.Paterraveliustamptitil4 lac Page1 of I !•; 1,1' '',..r , . . • nit*tottoo.$off:404**01(100.„ .: ',„. ,. ',„,,, 12460770111t, • 0...,. . . ..... • COMMERCIAL GENERAL '..,74,-,40.31,.X0:‘,741,,24.4.. c. Method Of Sharing a. The 0010100.01e, 10, .-11.te. Declarations are Walt:Of:the other ihsurancepenticoritiliatitton accurate and iilf.,,,;0400:,#)*******11IIOriSAha method also. b. Those statements are based 0004 Under approach each insurer contributes t001`,0000tatteti*Yrarthartetetigeh:d equal amounts until it,has;petit its applicable c. We have issued this policy in reliance 4polt., Iiii,1,: tif'1004002.00:)0t'10)10j014k1000,t001010* your repreeeritatibri0.„ whichever comes first. The unintentional omission of.:or unintentional error' • It any of the other insurance date not permit in,any triforiketiohprOvirtert.ky you which werelied contribution bregual Shereskyrewiti*tribute ,... ....:, '01;t0tv 10?400100 this policy will not Ot01141g0 your by,limits tinder this ikethor!*eick insurer's rights under this insurance.However,this provision share f;ls:000400100 100'0'its applicable dOes.,. het.OtteCi our right to collect additional of insurance to '.1001,,,applicable limits of l.0001009r!0:**!gre our rights - insurance etikeitiere.l ,... :kooreuewailwocoordoncevithopPlicableihturaoce :. ... O.. Primary And Non-Contributory Insurance If ilakei0:etteatitatiake kequIrectitti/ititrittentoritraet. 7., Setrorottoopt Insureds If At00 000.01140.1V00t00 in a written.0401(04.0 A).(ae.00*1111.;respect to the 41000tancei400 agreement that the Insurance.:afforded to an 'ehy..!0014 at duties specifically assigned in this 1..,.kso.,t.,erA-•.ore,•,r•::M"-„t--k4h-,',,is`n,Coverage--'Part r(„•must o--.",•,p..;--.:,iti,••-•.e-.k Coverage Part to the llist Named Insured, this a primary,b -cr,*primaryA*60„ion& insurance applies: $trittPrtrR:r1C, W . . - . , 4-ttiiifIrtai4: i 1:t! - *100Stie101itgra a. !As...Ir took Named Insuredthe o',Ins we tity :.. ., „ ..„„ . .,... .. ..,, ., .. ....:,„.. *040- 0.0re...:0cK1010ater1;.aeeketatottrourt4.; )400tedinsuredz'anct and we not share Withlhat other insurance, .• • b Separately to each insured against whom claim provided that is made is,brought. ill'Oe'llodilyiniu4e,or'i!rprope4ty4amatior, fi... Transfer of Rights Of R000voyAgaioot soviets which coverage is sought occurs;and To Us 01 The "personal and advertising lliitar for 1t:'the liai*Ohajtlia.to recover'6110t,paitOf any which coverage is sought is caused by an payment we 40..‘t,eal04..e under this Coverage Part, - - offense that is committed; thoserightteretranstetrediout,The.tosaterfrouet 00404000i to the signing of that contract or ::Cri*tialtilgAtrj*tr*'.10VOirthetitAtotie request, *to ios004-yifIll Orog.'..i*tio,"ort:04.*00:00.#0,- - agre.i.ment,by you. 16:0.T.atliit*elpus,-.0torcq!thg*: :5A, Premium Audit :.9..,,, 'WheaWeDe$CrtRetieW.: 0., •ViteWilicomptitiOpremtumslIbriWOevtrage, ':. ...„ .... . . ::.. If we decide Coverage Pottilore* toatt:itt.oc.CatriakteMithOptitiltsO04talet mail or deliver to the fitit Nehteitkietitedehawo in 1.; b. Premium shown in ',this, Coverage Part as 140 Declarations written,09140 of the'.,1101V,20:0: • ariOaheePte',ikftekIS:*deposit,:!PrerkttiOor4 At ,00t.teeStkoo,10'Aeys lidtartitte:,dxplOrpftduto, •... Oi*:40S0"p"oott.agOtt..000ovo44010 compute• .. .. : • the enrhert.premium 100::::0iat:.period and send fr,..:hottOeiS mailed,proof Of mailing will:be sufficient' i)rp0©f notice i.: Otilirte!...t400,:fitst000tto;instiowth0,40044(4, . .. :: . . ,. for ourtivaprtretrospeetive.preroiteoSts ih:040.* ,sacrog,lt—..IDEFINITIONS shown,as.:00,4441..dAte 0114iebilLifteguitrcif 1.: "Advertisement"means knofite,that loi.byorgtoat,tbr.' , ., ,., . . • „.... advance(hee- and audit premiums paittlo,,the published::.to the general public or Specific market . .... ....,_ ...... .... . policy vetted. 'a igreater than the earned segments about 40,000.".products or services ptiailio*we will return the excess to the fikOi for the purpose:, ,.ot ,,attracting customers or P1.0t.004.10.44.0cL supporters. thet50t004:00,:afihiS4efikittak . , ei The first Insured at*keep records a. Notices that are -1fitiiiiiihed, include material . - the information we 004: for premium placed Oktheiriternet.or on similar electronic ,. computation,and send copies at such :0)000%0 0001*.01001100;000. 0,0.titt4.SiiititiaA. 'h.. Regarding websites,only thet,Paketo 1iifebilte . , . . , ,. .:..„ ,4,, Representations that is about iiiiitie goods, products or services: By accepting policy,you for the! purposes of attracting. customers or . . euppertersts'cooittierea:ou orhrerfisettteot. . • liPage 1 :et jt 6,20171h4.7001.00.11100001ti400,0*..9.100*.:*001.00, '40.iT1 0.034 19:, 1641040**0010,1*itoifor.$140take.-s.erYtcesdtfice..Itic,,Y011tits:per**174 I: has no compensated employees working, HSS may complete and return a "non-employer statu form to be used in lieu of a workers' compensation insurance certificate. 8. GENERAL LIABILITY INSURANCE HSS shall obtain and furnish to CITY a policy of general public liability i ance, including motor vehicle coverage. Said policy shall indemnify HSS, its officers gents and employees, while acting within the scope of their duties, against any and all c ims arising out of or in connection with this Agreement, and shall provide coverage in not les than the following amount: combined single limit bodily injury and property damage, inclu 'ng products/completed operations liability and blanket contractual liability, of$1.00 per occu ence. If coverage is provided under a form which includes a designated general aggregat limit,the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its fficers, agents and employees as Additional Insureds, and shall specifically provid hat any other insurance coverage which may be applicable to this Agreement shall be eemed excess coverage and that HSS's insurance shall be primary. 9. CERTIFICATES OF INSURANCE Prior to commencing performance of the wor hereunder, HSS shall furnish to CITY certificates of insurance subject to approval of the ity Attorney evidencing the foregoing insurance coverages as required by this Agreem t, said certificates shall provide the name and policy number of each carrier and policy, and hall state that the policy is currently in force and shall promise to provide that such policies w'if not be canceled or modified without thirty (30) days prior written notice to CITY. HSS shall maintain the foreg mg insurance coverages in force until the work under this Agreement is fully completed and a cepted by CITY. The requirement for carrying the foregoing insurance coverages shall not deroate from the provisions for indemnification of CITY by HSS under this Agreement. CITY or 'fs representative at all times have the right to demand the original or a copy of all said p icies of insurance. HSS shall pay, in a prompt and timely manner,the premiums on al arms of insurance hereinabove required. 10. INDEPE ENT CONTRACTOR HSS is, ands all be, acting at all times in the performance of this Agreement as an independent contr tor. HSS shall secure at its expense, and be responsible for any and all payments of all t- es, social security, state disability insurance compensation, unemployment compensation d other payroll deductions for HSS and its officers, agents and employees and all business 1. enses, if any, in connection with the services to be performed hereunder. 1 . CITY EMPLOYEES AND OFFICIALS HSS shall employ neither CITY official nor any regular CITY employee in the work pe ormed pursuant to this Agreement.No officer or employee of CITY shall have any financial terest in this Agreement in violation of the applicable provisions of the California Government Code Section 1090 et seq. 24-14007/3 3 8073 4 P. 0 <<c,\?, .. G. City of Huntington Beach As V-4 - - - r:C,\ 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 • www.huntingtonbeachca.gov .....+ Office of the City Clerk c°LINTY ���®' Robin Estanislau, City Clerk May 9, 2024 Huntington Surf and Sport Attn: Aaron Pai 300 Pacific Coast Highway, Suite 410 Huntington Beach, CA 92648 Dear Mr. Pai: Enclosed is a fully executed copy of License Agreement between the City of Huntington Beach and Huntington Surf and Sport, Inc., approved by City Council on May 9, 2024. Sincerely, 9,,6764,4.) Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City: Anjo, Japan. City of Huntington Beach INTER-DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: Honorable Mayor and City Councilmembers FROM: Scott M. Haberle, Fire Chief DATE: May 6, 2024 SUBJECT: SUPPLEMENTAL COMMUNICATION FOR CONSENT ITEM NO. 17 — APPROVE AND AUTHORIZE AN AGREEMENT WITH HUNTINGTON SURF AND SPORT FOR JUNIOR LIFEGUARD PROGRAM CLOTHING, UNIFORMS AND MERCHANDISE Page 4 of the Huntington Surf and Sport agreement requires correction. Section 8— GENERAL LIABILITY INSURANCE references liability and blanket contract liability of$1 per occurrence, which should be $1,000,000 per occurrence. This figure was inadvertently transposed and has since been corrected (see revised page 4, attached). If approved, the minutes for Consent Item No. 17 will indicate that the item was approved as amended by supplemental communication. Att: Revised Page 4 of agreement with Huntington Surf and Sport c: City Clerk SUPPLEMENTAL COMMUNICATION 5/7/2024 M b nq Date: 17 (24-325) Agenda Item No.; has no compensated employees working,HSS may complete and return a "non-employer status" form to be used in lieu of a workers'compensation insurance certificate. 8. GENERAL LIABILITY INSURANCE HSS shall obtain and furnish to CITY a policy of general public liability insurance, including motor vehicle coverage. Said policy shall indemnify HSS, its officers, agents and employees,while acting within the scope of their duties, against any and all claims arising out of or in connection with this Agreement, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit,the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, agents and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to this Agreement shall be deemed excess coverage and that HSS's insurance shall be primary. 9. CERTIFICATES OF INSURANCE Prior to commencing performance of the work hereunder,HSS shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement, said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. HSS shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by HSS under this Agreement. CITY or its representative at all times have the right to demand the original or a copy of all said policies of insurance. HSS shall pay, in a prompt and timely manner,the premiums on all forms of insurance hereinabove required. • 10. INDEPENDENT CONTRACTOR HSS is, and shall be, acting at all times in the performance of this Agreement as an independent contractor. HSS shall secure at its expense, and be responsible for any and all payments of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for HSS and its officers, agents and employees and all business licenses, if any, in connection with the services to be performed hereunder. 11. CITY EMPLOYEES AND OFFICIALS HSS shall employ neither CITY official nor any regular CITY employee in the work performed pursuant to this Agreement.No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code Section 1090 et seq. 24-14007/338073 4