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HomeMy WebLinkAboutAmerican Legion Huntington Beach Post 133 - 2024-06-04 (2) �pNTiNsr 2000 Main Street, of Huntington Beach,CA 92648 City of Huntington Beach APPROVED 7-0 o,o.UNTV> File #: 24-424 MEETING DATE: 6/4/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Eric G. Parra, Interim City Manager VIA: Ashley Wysocki, Director of Community & Library Services PREPARED BY: Jessica Framson, Community & Library Services Manager Subject: Approve and authorize execution of a Memorandum of Understanding between the City of Huntington Beach and the American Legion Huntington Beach Post 133 for the use of City Facilities and provision of Veterans Services Statement of Issue: The American Legion Huntington Beach Post 133 (POST 133) aids in the lives of veterans and transitioning service members by filing claims for the many benefits available to them through the Department of Veterans Affairs and provides valuable service to veterans within the city and its surrounding communities. There is a need to memorialize the relationship with POST 133 through a Memorandum of Understanding (MOU). Financial Impact: Not applicable. Recommended Action: Approve and authorize the Mayor and City Clerk to execute the Memorandum of Understanding between the City of Huntington Beach and the American Legion Huntington Beach Post 133 for the use of City facilities and provision of Veterans Services. Alternative Action(s): Do not approve the recommended action and direct staff accordingly. Analysis: POST 133 is a non-profit corporation that provides valuable transitioning services to veterans within the City of Huntington Beach and its surrounding communities by assisting service members by filing claims and other benefit programs through the Department of Veterans Affairs. In support of these valuable services, the City Council wishes to formally establish a longstanding City of Huntington Beach Page 1 of 3 Printed on 5/30/2024 poweretiVi LegistarTM File #: 24-424 MEETING DATE: 6/4/2024 partnership with POST 133 for the use of the Central Library for their Resource Center that began in 2018. The purpose of this MOU is to address the responsibilities of each of the parties related to the use of available space at the Central Library located at 7111 Talbert Avenue. The proposed MOU has a five- year term, with the option to renew for an additional five-year term upon written mutual consent. A summary of the main obligations of both the CITY and POST 133 are listed below. Obligations of the CITY • Shall provide, at no cost to POST 133, the use of a dedicated space at the Central Library, for the Veterans Resource Center (VRC). • Shall support technology needs for the VRC including access to computer(s), fax, printer, etc., and any other technology needs, as applicable. • Will provide, at no charge, meeting rooms for VRC programs. • Shall support POST 133 and VRC volunteers in providing veteran focused programming, to including room facilitation, calendaring, and creation of promotional materials. • Staff will assist POST 133 by providing in-house printing of brochures, flyers, and other printed promotional materials for the VRC not to exceed a total amount of twenty-four thousand (24,000) four-color ink pages per calendar year. In the event that outsourcing of printing becomes necessary, POST 133 will become responsible for their own printing. Promotional materials (such as bags, pens, notebooks, etc.) are at the sole cost and expense of POST 133. • Shall provide basic office supplies as needed by the VRC. Items beyond those provided are at the sole cost and expense of POST 133. • Shall promote VRC through the Library website, calendars, and other CITY resources, with approval of content by the Director of Community and Library Services,or their designee. Obligations of POST 133 • Shall provide volunteers and work with LIBRARY Staff to train volunteers to assist veterans at the VRC. • Shall work with LIBRARY Staff to ensure volunteers complete applications and forms as required. • Shall work with LIBRARY Staff to design veteran focused programming. • Shall attend special events to help promote the VRC and assist in promoting VRC events through veteran networks. • Shall assist the LIBRARY in collecting statistics on volunteers and participants. • May directly collect contact information from patrons and event participants at VRC events. In keeping with California Law regarding public records and library patron confidentiality (CA Government Code 7297.105©), patron information including event registration names and email addresses will not be shared with non-Library staff. Environmental Status: City of Huntington Beach Page 2 of 3 Printed on 5/30/2024 powere'U7o'LegistarTM File #: 24-424 MEETING DATE: 6/4/2024 Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Memorandum of Understanding between the City of Huntington Beach and the American Legion Huntington Beach Post 133 for the use of City facilities and provision of Veterans Services. City of Huntington Beach Page 3 of 3 Printed on 5/30/2024 powere1i7t i LegistarTM MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND THE AMERICAN LEGION HUNTINGTON BEACH POST 133 FOR THE USE OF CITY FACILITIES AND PROVISION OF VETERANS SERVICES THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into on dU 1 aO2i , 2023, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California(hereinafter referred to as "CITY"), and THE AMERICAN LEGION HUNTINGTON BEACH POST 133, a California non-profit corporation(hereinafter referred to as "POST 133"). WHEREAS, POST 133 is a non-profit that aids in the lives of veterans and transitioning service members in filing claims for the many benefits available to them through the Department of Veterans Affairs (VA) and provides valuable services to veterans within the CITY and its surrounding communities; and, WHEREAS, the City Council wishes to provide a location and resources, named in this MOU, authorizing use of a Veterans Resource Center for veterans within the CITY, which will be supported by POST 133, and; WHEREAS,the purpose of this MOU is to address responsibilities of each party related to the use of available space for the Veterans Resource Center at Huntington Central Library, located at 7111 Talbert Avenue, Huntington Beach, California, in Huntington Central Park, and other locations and associated services as mutually agreed upon, NOW, THEREFORE, the parties do hereby agree as follows: SECTION 1. TERM This MOU will become effective on the date approved by the City Council and shall terminate on December 31, 2028, except with respect to any obligations hereunder which are to be performed thereafter. Upon mutual written consent of the Parties, this Agreement may be extended for an additional five-year (5)term. SECTION 2. OBLIGATIONS OF CITY The obligations of the CITY pursuant to this Agreement shall be as follows: 1. CITY shall provide space, free of charge, for the Veterans Resource Center (VRC) at Huntington Beach Central Library(LIBRARY). 2. CITY shall support technology needs for the VRC including access to computer(s), fax, printer, etc., and any other technology provided for VRC needs, as applicable. 3. CITY will provide meeting rooms for VRC programs free of charge. 23-13245/318451 4. CITY staff shall support POST 133 and VRC volunteers in providing veteran focused programming, to include room facilitation, calendaring, and creation of promotional materials. 5. CITY staff will assist POST 133 by providing in-house printing of brochures, flyers, and other printed promotional material for the VRC, not to exceed a total amount of twenty-four thousand (24,000) four-color ink pages per calendar year. In the event that outsourcing of printing becomes necessary, POST 133 will become responsible for their own printing. Promotional material (such as bags,pens, notebooks, etc.) are at the sole cost and expense of POST 133. 6. CITY shall provide basic office supplies as needed by the VRC. Items beyond those provided are at the sole cost and expense of POST 133. 7. CITY shall promote VRC through the LIBRARY website, calendars, and other CITY resources, with approval of content by the Director of Community and Library Services ("Director") or their designee. SECTION 3. OBLIGATIONS OF POST 133 The obligations of POST 133, as a veterans' organization, shall provide civic duties to the CITY,to include but not limited to the following: 1. POST 133 shall provide volunteers and work with Library staff to train volunteers to assist veterans at the VRC. 2. POST 133 shall work with Library staff to ensure volunteers complete applications and forms as required. 3. POST 133 shall work with Library staff to design veteran focused programming. 4. POST 133 shall attend special events to help promote the VRC and assist in promoting VRC events through veteran networks. 5. POST 133 shall assist the HBPL in collecting statistics on volunteers and participants. 6. POST 133 may directly collect contact information from patrons and event participants at VRC events. In keeping with California Law regarding public records and library patron confidentiality (CA Government Code 7297.105(c)), patron information including event registration names and email addresses will not be shared with non-Library staff. SECTION 4. ACCESS TO CITY MARKS AND LOGOS POST 133 may use the official Huntington Beach City logo that is approved and in-line with current CITY's branding policies at the time of use. Prior to use, POST 133 shall consult 2 23-13245/318451 with Library staff to determine proper logo usage. POST 133 may use the CITY's "Surf City Huntington Beach"trademark with the prior written approval of Director or their designee. The surfboard logo is not the property of CITY and should not be used. POST 133 shall use no City logo or mark for commercial purposes. SECTION 5. HOLD HARMLESS POST 133 and CITY shall protect, defend, indemnify and hold harmless each other, their officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation, costs and fees of litigation of every nature) arising out of or in connection with performance of this MOU or its failure to comply with any of their obligations contained in this MOU except such loss or damage which was caused by the sole negligence or willful misconduct of the other. SECTION 6. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code Section 1861, POST 133 acknowledges awareness of Section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; POST 133 covenants that it will comply with such provisions prior to commencing performance of the work hereunder. In the event POST 133 directly hires employees, POST 133 shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000)bodily injury by disease, policy limit. SECTION 7. GENERAL LIABILITY INSURANCE In addition to the workers' compensation insurance (if needed) and POST 133's covenant to indemnify CITY, POST 133 shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage. Said policy shall indemnify POST 133, 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 MOU, and shall provide coverage in not less than the following amount: combined single limit bod ily 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 agents, its officers, employees and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable shall be deemed excess coverage and that POST 133's insurance shall be primary. Under no circumstances shall the above-mentioned insurance contain a self-insured retention, or a "deductible," or any other similar form of limitation on the required coverage. 3 23-13245/318451 SECTION 8. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencement of this MOU, POST 133 shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this MOU; these certificates shall: (a) provide the name and policy number of each carrier and policy; and (b) state that the policy is currently in force; and (c) promise to provide that such policies shall not be canceled or modified without thirty (30) days' prior written notice of CITY; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. POST 133 shall maintain the foregoing insurance coverage in force during the entire term of the MOU or any renewals or extensions thereof or during any holdover period. The requirement for carrying the foregoing insurance coverage shall not derogate from POST 133's defense, hold harmless and indemnification obligations as set forth in this MOU. CITY or its representatives shall at all times have the right to demand the original or a copy of any or all the policies of insurance. POST 133 shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. SECTION 9. ASSIGNING AS BREACH Neither party shall encumber, assign, or otherwise transfer this MOU, or any right or interest in this MOU,without the express written consent of the other party. A consent by party to one assignment or transfer to another person shall not be deemed to be a consent to any subsequent assignment or transfer to another person. Any encumbrance, assignment or transfer, without the prior written consent of the other party, whether it is voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option of the other party, terminate this MOU. SECTION 10. CONFLICT OF INTEREST POST 133 shall employ no CITY official or any regular CITY employee in the work performed pursuant to this MOU. No officer or employee of CITY shall have any financial interest in this MOU in violation of the applicable provisions of the California Government Code. SECTION 11. 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 POST 133 activities. However, consistent with good safety practices, CITY 4 23-13245/318451 will endeavor to give 24-hour advance notification of such activities to POST 133. In addition, if CITY receives compensation from such persons for such production, CITY will grant 50% of such compensation to POST 133 for support of POST 133's activities as set forth under this MOU. SECTION 12. NONDISCLOSURES/PRESS RELEASES POST 133 shall consult with CITY prior to issuing any press releases or otherwise making any public statements with respect to this MOU, the transactions contemplated herein, or matters arising here from. SECTION 13. WAIVER OF BREACH The waiver by either party of any breach by the other party of any of the provisions of this MOU, 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 the other party, either of the same or another provision of this MOU. SECTION 14. NOTICE Any written notice, given under the terms of this MOU, shall be either delivered personally or mailed, certified mail,postage prepaid, addressed to the party concerned, as follows: Director, Community & Library Services AMERICAN LEGION, POST 133 CITY OF HUNTINGTON BEACH PO Box 133 2000 Main Street Huntington Beach, CA 92648 Huntington Beach, CA 92648 If a party desires to change the address for notices set forth herein, said party shall provide 30 days advance written notice to the other party of any such change. SECTION 15. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this MOU or to secure the performance hereof, each party shall bear its own attorney's fees. The prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. SECTION 16. SECTION TITLES The section titles in this MOU are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of intent of this MOU or in any way affect this MOU. 5 23-13245/318451 SECTION 17. MODIFICATIONS IN WRITING This MOU contains and embraces the entire agreement between the parties hereto and neither it nor any part of it may be changed, altered, modified, limited or extended orally or by any other agreement between the parties unless such agreement be expressed in writing, signed and acknowledged by CITY and POST 133, or their successors in interest. SECTION 18. PARTIAL INVALIDITY Should any provision of this MOU be held by court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this MOU shall remain in full force and their effect unimpaired by the holding, so long as the reasonable expectations of the parties hereto are not materially impaired. SECTION 19. MOU IN COUNTERPARTS This MOU may be executed in counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same document. REST OF PAGE INTENTIONALLY NOT USED 6 23-13245/318451 SECTION 20. ENTIRETY The foregoing sets forth the entire agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this MOU to be executed by and through their authorized officers the day, month and year first above written. AMERICAN LEGION POST 133 CITY OF HUNTINGTON BEACH, a municipa . .'ration of the State of Californi. � By: /�1 /-� 2,2/7LC V Mayor print name ITS: (circle one)Chairman/President/Vice President 9"d744171 ✓�0�,, AND City Clerk -q�.3/.-24Er- By: — • INI IATED AN AP OVED: irec or of C nit Library Services print name ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary-Treasurer REV DZ.]) APP ED: • Manager APPROVED FORM: y• Attorney 7 23-13245/318451 /irr A DATE(MM1DDIVYYY) CERTIFICATE OF LIABILITY INSURANCE 01/03/2024 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(ies)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 CONTACT NAME: Liberty Mutual Insurance (arc°.No.Eat): 800-962-7132 ove.Not: 800-845-3666 PO BOX 188065 EMAIL ADDRESS: BusinessService LiberlY Mutual.com INSURER(S)AFFORDING COVERAGE NAIC B Fairfield OH 45018 INSURER A: West American Insurance Company 44393 — -INSURED INSURER INSURER B: AMERICAN LEGION POST 133 INSURER C: Po Box 133 INSURER D: INSURER E: Huntington Beach CA 92648 INSURER F: COVERAGES CERTIFICATE NUMBER: 0016237379 REVISION NUMBER:2016-03 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 BE 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 REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP 1NSD WVD POLICY NUMBER (MMIDDIYYYY) (MM/nnIYYYv) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO CLAIMS-MADE I X I OCCUR PREMISES(ES aENTED occurrence) S 500,000 MED EXP(My one person) $ 15,000 A X X BLW65414610 12/01/2023 12/01/2024 PERSONAL&ADV INJURY $ 1,000,000 GENII_AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $ 2,000,000 X POLICY I I jEa [X,LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED I PROPERTY DAMAGE $ AUTOS ONLY _ AUTOS ONLY ,SPer accident $ UMBRELLA LIAR OCCUR EACH OCCURRENCE S EXCESS LIAB _ CLAIMS-MADE AGGREGATE $ BED RETENTIONS S WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER --,_- ANYPROPRIETOR/PARTNER/EXECUTIVE EL. EACH ACCIDENT S OFFICERFMEMBEREXCLUDED? N N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS(LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) See Additional Remarks APPROVED AS TO FORty MICHAEL E. GATES CITY ATTORNEY CITY OF HUNTINGTON BEACH CERTIFICATE HOLDER CANCELLATION City of Huntington Beach,It's Officers,Elected or SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Appointed Officials,Employees,Agents,And Volunteers 2000 Main Street AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 ( Curtis Luken ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 65414610 LOC#: A CCM 0 ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Liberty Mutual Insurance AMERICAN LEGION POST 133 POLICY NUMBER Po Box 133 BLW65414610 Huntington Beach CA 92648 CARRIER NAIC CODE West American Insurance Company 44393 EFFECTIVE DATE: 12/01/2023 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 0025 FORM TITLE: 2016-03 City of Huntington Beach,It's Officers,Elected or Appointed Officials,Employees,Agents,and Volunteers is listed as Additional Insured-Designated Person or Organization per form CG202d and Additional Insured if required by written contract or written agreement subject to General Liability Blanket Additional Insured Provision CG8810. ACORD 101(2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Resolution No. 2008-63 CITY OF HUNTINGTON II EACH Si 2000 Main Street, Huntington Beach, CA 92648-2702 11 : .the DECLARATION OF PERMITTEE 1 certify that no vehicle(s) will be used or operated in the performance of the task(s) or event(s) for which this permit is granted. I authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit issued in connection with or in the performance of said task(s) or events(s) if any vehicle(s) is used. Signature of Permittee: L�-" �--- Print Name: Dennis Bauer Company Name (if applicable): American Legion Huntington Beach Post 133 Date Signed: Q6127/24 16407 EXHIBIT 1 ATTACHMENT#5 Resolution No. 2008-63 SAity CITY OF HUNTINGTON I EACH 2000 Main Street, Huntington Beach, CA 92648-2702 HunQn yi ach o Declaration of Non-Employer Status The State of California requires every enterprise or business to provide workers compensation insurance coverage. if you have no employees, you may make a declaration to that effect by completing and signing this form and returning to: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648-2702 l certify that in the performance of the activity or work for which this permit is issued, I shall not employ any person in any manner so as to become subject to California Workers' Compensation Insurance requirements. I authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit issued under this declaration if I hire any employee(s) or become subject to the provision of the laws requiring Workers' Compensation Insurance. Com an / Or anization: American Legion Huntington Beach Post 133 p Y g Address: PO Box 133, Huntington Beach, CA 92648 Applicant [please print]: Dennis Bauer Title, if any: Adjutant Applicant's Signature: Date Signed: 06/27/24 . (714) 536-3855 Telephone Number: ATTACHMENT#7 POLICY NUMBER BLW (24) 65 41 46 10 Policy Period: General Endorsement From 12/01/2023 To 12/01/2024 12:01 am Standard Time at Insured Mailing Location This Endorsement Changes The Policy. Please Read it Carefully. THE COMPLETE ADDITIONAL INSURED CITY OF HUNTINGTON BEACH SHOULD READ AS FOLLOWS: CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS, AND VOLUNTEERS. 0 To report a claim, call your Agent or CG 70 02 01 01 Page 1 of 2 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE - Name Of Additional Insured Person(s) Or Organization(s): - CITY OF HUNTINGTON BEACH - SEE CG7002 FOR FULL NA1,1 s 2000 MAIN ST HUNTINGTON BEACH, CA 92698 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section Il -Who Is An Insured is amended to B. With respect to the insurance afforded to include as an additional insured the person(s) these additional insureds, the following is or organization(s) shown in the Schedule, but added to Section III -Limits Of Insurance: only with respect to liability for "bodily in- If coverage provided to the additional insured jury", "property damage" or "personal and is required by a contract or agreement, the advertising injury" caused, in whole or in most we will pay on behalf of the additional part, by your acts or omissions or the acts or insured is the amount of insurance: omissions of those acting on your behalf: 1. Required by the contract or agreement; 1. In the performance of your ongoing oper- or ations; or 2. Available under the applicable Limits of 2. In connection with your premises owned Insurance shown in the Declarations; by or rented to you. whichever is less. However: This endorsement shall not increase the ap- 1. The insurance afforded to such additional plicable Limits of Insurance shown in the Dec- insured only applies to the extent permit- larations. ted by law; and 2. If coverage provided to the additional in- sured is required by a contract or agree- ment, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: BLW65414610 COMMERCIAL GENERAL LIABILITY CG 90 43 08 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS—SCHEDULED PERSON OR ORGANIZATION_- INCLUDING PRIMARY I NON- CONTRIBUTORY AND WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s)Of Covered Operations City of Huntington Beach, 1718 Orange Ave., Huntington Beach, Ca 92648 It's Officers, Elected or Appointed Officials, Employees, Agents, and Volunteers 2000 Main Street Huntington Beach, CA 92648 Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A. To the extent permitted by law,Section II—Who Is An insured is amended to Include as en additional insured the person(s)or organization(s)shown in the Schedule,hut only with respect to liability for"bodily injury","property damage"or"personal and advertising Injury"arising out of your ongoing operations at the location(s)designated above. B. With respect to the insurance afforded to these additional insureds,the following additional exclusions apply: This Insurance does not apply to"bodily Injury'or"property damage"occurring after: 1. All Work,including materials,parts or equipment furnished in connection with such work,on the project(other than service,maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed;or 2. That portion of''your work"out of which the injury or damage arises has boon put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. PRIMARY AND NON-CONTRIBUTORY Condition 4.Other Insurance of SECTION IV--COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: This provision applies to any person or organization who Is named in the schedule of this endorsement as an additional insured or scheduled as an additional insured under any other form or endorsement under this policy. 2012 Liberty Mutual Insurance CG 90 43 08 12 Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 1 of 2 1. The following is added to paragraph a. Primary Insurance: To the extent permitted by law, this insurance is primary insurance as respects to our coverage to an additional insured persoh or organization,where the written contract or written agreement requires that this insurance be primary and non-contributory. In that event,we will not seek contribution from any other any other insurance policy available to the additional insured on which the additional insured person or organization is a Named Insured. 2. The following is added to paragraph b.Excess Insurance: When a written contract or written agreement does not require this insurance to be primary or primary and non-contributory,this insurance is excess over any other insurance for which the additional Insured is designated a Named Insured. Regardless of the written contract or written agreement,this insurance is excess over any other insurance whether primary,excess,contingent or on ahy other basis for which the additional insured has been added es an additional insured on other policies. D. WAIVER OF SUBROGATION To the extent permitted by law,we waive any rights of recovery wo may have against the persons or organizations shown in the Schedule above because of payments we make for"bodily injury"or"property damage"arising out of your ongoing operations,when required in a written contract or agreement.This waiver applies only to the persons or organizations shown in the Schedule above. 02012 Liberty Mutual Insurance CG 90 43 08 12 Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 2 of 2 COMMERCIAL GENERAL LIABILITY CG88100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX - SUBJECT PAGE NON-OWNED AIRCRAFT 2 NON-OWNED WATERCRAFT 2 - PROPERTY DAMAGE LIABILITY -ELEVATORS 2 - EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 m! MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 3 A ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE,CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 m BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g.Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON-OWNED WATERCRAFT Under Paragraph 2.Exclusions of Section I-Coverage A-Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g.Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY-ELEVATORS 1. Under Paragraph 2. Exclusions of Section I -Coverage A- Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion J. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2.Exclusions of Section I-Coverage A-Bodily injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (I) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section Ill - Limits of Insurance. @ 2013 Liberty Mutual Insurance CO 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III -Limits Of Insurance. 2. Paragraph 6.under Section III -Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage" to: I--= a. Any one premise: (1) While rented to you; or (2) White rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) -Paragraph 9.a. of Definitions is replaced with the following: g 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I -Coverage C-Medical Payments, Subparagraph (b)of Paragraph a.is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 1. Under Supplementary Payments -Coverages A and B,Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II -Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- ' sures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization- other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. s With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the"bodily injury" or"property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV -Commercial General Liability Condi- tions. Q 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I-Coverage A-Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or"property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or"property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in IMIMMIMMMON the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional --' architectural, engineering or surveying services. g $ d. "Bodily injury" or"property damage" occurring after: 1011 (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its b ' intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III -Limits Of Insurance: if coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of insurance shown in the Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form 8 or endorsement under this policy. Condition 4. Other Insurance of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making Its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2.Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional- Insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a"suit" by the additional Insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/MALPRACTICE WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II-Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described In Paragraphs (1)(a)or(b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or If coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d))does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or"personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" Job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 6 of 8 3 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3.of Section II-Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in ===1 which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and § c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. g No person or organization is an insured with respect to the conduct of any current or past partnership, joint $ venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV -Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE,CLAIM OR SUIT Under Section IV -Commercial General Liability Conditions, the following is added to Condition 2. Duties in The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an 'occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II -Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". 8 o N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V-Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV -Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard" provided: 1, You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. a © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 8 of 8 55�y9.99.,s® yJNGT 10o� �',.a =.. tzik City of Huntington Beach 1,14 2000 Main Street ♦ Huntington Beach, CA 92648 _ � (714) 536-5227 • www.huntingtonbeachca.gov Office of the City Clerk 0\;,/# Robin Estanislau, City Clerk July 3, 2024 AMERICAN LEGION, POST 133 PO Box 133 Huntington Beach, CA 92648 To Whom It May Concern: Enclosed is a fully executed copy of the Memorandum of Understanding between the City of Huntington Beach and The American Legion Huntington Beach Post 133 for the Use of City Facilities and Provision of Veteran Services, approved by City Council on June 4, 2024. Sincere , AA/ 9,044124,4-4) Robin Estanislau, CMC City Clerk RE:ds Sister City: Anjo, Japan