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HomeMy WebLinkAboutOrange County California Genealogical Society (OCCGS) - 2024-01-01 (2) �� Tiroc 2000 Main Street, eh of conr9aa,e��� Huntington Beach,CA 92648 City of Huntington Beach fi 9' APPROVED 7-0 o�# CF `;seo F # „,, File#: 24-813 MEETING DATE: 11/19/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Travis Hopkins, Acting City Manager VIA: Ashley Wysocki, Director of Community & Library Services PREPARED BY: Charlene Gomez, Senor Administrative Assistant Subiect: Approve and authorize execution of a License Agreement between the City of Huntington Beach and the Orange County, California Genealogical Society (OCCGS) for the Use of City- Owned Genealogical Materials Statement of Issue: The Community and Library Services Department, together with the Orange County, California Genealogy Society, provides genealogical resources, services, and education to our community through a License Agreement. The prior License Agreement expired December 31, 2023, and an updated and renewed License Agreement is recommended to continue these services. Financial Impact: The proposed agreement will continue to generate $7,000 in annual revenues to the General Fund based on a monthly rental rate of$700 over a ten month period and represents no monetary change to the prior agreement. Recommended Action: Approve and Authorize the Mayor and City Clerk to execute the License Agreement by and between the City of Huntington Beach and Orange County, California Genealogy Society for the Use of City- Owned Genealogical Materials for a term of three years with the option to renew for two additional one-year periods. Alternative Action(s): Do not approve, and direct staff accordingly. Analysis: In 1975 the Orange County, California Genealogy Society (OCCGS) entered into an agreement with the City of Huntington Beach to house and maintain a City-owned genealogy collection (Collection) at the Huntington Beach Central Library (Library). OCCGS has been updating and maintaining the City of Huntington Beach Page 1 of 2 Printed on 11/13/2024 powered by LegistarTM 316 r? File#: 24-813 MEETING DATE: 11/19/2024 Library's genealogy collection since that time. OCCGS has over 400 members and maintains the non-circulating genealogy collection of over 20,000 books, periodicals, and maps which is freely available to the public, and provides classes on researching your genealogy. The initial term of the License Agreement is three years, with two additional one-year extensions upon mutual consent of both parties. The proposed License Agreement provides a framework for the following: City Obligations: • Provide meeting room space the first Saturday of each month for up to ten months per year for membership meetings • Provide meeting room space on one Saturday per year for an annual event • Provide space for Collection and OCCGS office and storage space • Provide photocopying equipment and supplies for Collection • Provide digital marketing assistance • Retain ownership of the Collection OCCGS Obligations: • Pay a monthly rental fee of$700, based on ten months of meeting room space • Maintain and improve Collection, which shall be made available to the public at no cost and is non-circulating. • Provide genealogy classes • Provide volunteers to operate Collection space and all other OCCGS needs • Provide quarterly circulation and volunteerism statistics to City Environmental Status: Not applicable. Strategic Plan Goal: Non Applicable -Administrative Item Attachment(s): 1. License Agreement between the City of Huntington Beach and Orange County, California Genealogy Society. City of Huntington Beach Page 2 of 2 Printed on 11/13/2024 powered by LegistarTM 317 LICENSE AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND ORANGE COUNTY, CALIFORNIA GENEALOGICAL SOCIETY FOR THE USE OF CITY-OWNED GENEALOGICAL MATERIALS THIS LICENSE AGREEMENT is made this IOnt-- day of , 2024 by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter called "City," and the ORANGE COUNTY, CALIFORNIA GENEALOGICAL SOCIETY, a Non-Profit California corporation, hereinafter called"Society", collectively referred to as Parties. WHEREAS, City is the owner of a special non-circulating collection of genealogical books, pamphlets, files, guides, and related articles and items, hereinafter referred to as the "Collection;" and City acknowledges the previous donation of the Collection from Society; and WHEREAS, City acknowledges its long-standing relationship with Society and will provide preferential terms to Society in accordance with the City Council's policy on preferential rentals for non-profit organizations; and WHEREAS, City and Society wish to enter into a cooperative relationship with City concerning the maintenance, and development of the Collection, and the use of a City facility, NOW, THEREFORE,the parties hereto do hereby agree as follows: 1. TERM OF AGREEMENT This Agreement shall be effective as of January 1, 2024, and shall expire on December 31, 2027 ("Term"). Upon mutual written agreement between the Parties, the Term may be extended for two (2) additional one (1)year periods. 24-15465/360789 1 2. CITY OBLIGATIONS City agrees to provide mutually agreed upon space in the Central Library, located at 7111 Talbert Street, Huntington Beach, California, for Society to maintain the collection. This space includes the non-circulating, city-owned Genealogy collection, two private offices, a limited amount of basement shelving and storage space, as available and at the discretion of the City's Director of Community& Library Services ("Director") , and a mending and binding area in the Technical Services area. A. Meeting Room Space—City agrees to allow Society meeting room space the first Saturday of each month based upon a ten (10)month calendar year, unless otherwise noted in the Annual Schedule. This Schedule shall be mutually agreed upon by both Parties no less than one (1) year in advance. The Schedule shall include known Library closures or conflicts with City scheduling and Society special events. City will make every effort to notify Society in a timely manner of unscheduled closures that are beyond City's control. Meeting rooms shall include the C&D Rooms. The reservation time for the rooms shall be 9:00 AM—2:00 PM. B. Annual Event—One Saturday per year, upon a date mutually agreed upon by Parties,the Society may hold an all-day event and book fair in Rooms C, D, E, and may utilize Room B and the Theater with advance notice, and if available, from 8:00 AM to 5:00 PM at no additional expense to Society. C. Room(s) Responsibility—In no event shall Society holdover the use of any room beyond the approved hours. If, for any reason, Society does not utilize the meeting room in any month after scheduling, Society shall remain 24-15465/360789 2 responsible for the monthly payment upon its due date in accordance with the Annual Schedule. D. City's Purchase of Additional Material—City may, at its sole discretion, purchase genealogical materials to supplement the Collection. If additional purchases are made by City,title to such materials shall at all times remain the property of the City. E. Photocopying—City agrees to provide photocopying equipment and supplies to designated Society representatives for preparation of materials to be placed in the Collection without charge. All other members of Society will be required to pay the current charges at the time of service for utilizing the photocopying equipment. F. Marketing—City shall provide Society with digital marketing assistance within the Library's current marketing platforms as budget and staffing time allows. Society shall work with City designated staff and provide publication-ready content. 3. SOCIETY OBLIGATIONS A. Fees - Society agrees to pay a monthly rental fee of$700 per month based upon a ten(10) month calendar for use of designated spaces within the building and for the use of meeting rooms as provided in this Agreement and in accordance with the Annual Schedule (see Section 2. A. Meeting Space). B. Payment Due Date—Payment shall be payable in advance on the first day of each month during the term of the Agreement. 24-15465/360789 3 C. Meeting Room—As the City agrees to allow Society meeting room space the first Saturday of each month in accordance with the Annual Schedule,the Society may reserve rooms up to one (1)year in advance. Society must confirm room use by submitting pertinent room rental forms and receiving approval from the Room Rental Office, no less than thirty (30) days prior to use. Failure to complete paperwork will result in loss of the space. In addition, any cancellations of use of rooms must be made in accordance with the Agreement, giving a thirty (30) day notice to the Library or Society. The City reserves the right to cancel or change the room reservation due to weather, natural disaster, health and,safety, facility issues, or other acts beyond the control of City. The City and Society shall follow all health and safety guidelines and regulations put forth by the Federal, State, County, and/or other governmental health agencies. D. Volunteer Liability Waiver—Society volunteers shall sign a City liability waiver prior to commencement of service, holding the City harmless. Waivers shall be submitted to Library designee upon execution by volunteer. 4. DESIGNATION OF REPRESENTATIVES Society hereby designates its president and/or one Society Board designee as its authorized representatives, who shall be Society's sole contact and agent in all consultations with City during the performance of this Agreement. City shall assign a staff coordinator to work directly with Society in the performance of this Agreement. 24-15465/360789 4 5. COLLECTION The Parties hereto agree that Society may, during the term of this Agreement, acquire genealogical materials and may periodically donate the same to City. Upon acceptance of such material, City shall, under the discretion of the Director, receive such materials for addition to the Collection, according to City book policies and procedures. No extra space shall be provided to accommodate storage or shelving of donations; thus, a schedule of continuous assessment and digitation of Collection shall be instituted. 6. SAFEKEEPING AND MAINTENANCE City shall exercise ordinary and reasonable care for the safekeeping and maintenance of the Collection so that it shall not be damaged, lost or stolen. City shall provide the Collection as non-circulating, reference material for use by Society and the general public so long as the Collection is in the possession of City. City also agrees that it will, at City's sole discretion and to the extent budgeted funds are available for such purposes,provide binding and other repair services to the collection in order to assure that it will remain in good condition for the use of the general public. A. Statistics and Documentation— i. Society shall document and provide to City on a quarterly basis in January, April, July, and October of each year, statistics of books that have been digitized and removed from the physical Collection. ii. Society shall work with Library staff to develop and follow a system for tracking usage and inquiries of Collection materials and services, both in-person and virtual, as staffing time of Parties 24-15465/360789 5 permits. The provision of statistics is vital in establishing the need of Society's services to the public and the on-going usage of Library space. iii. Upon verification of sufficient digitization and if within Library budget constraints, City shall provide Society with dedicated computers to assist Society's services. B. Maintenance and Stewardship—As owner and steward of the Collection, City shall exercise ordinary and reasonable care for the safekeeping and maintenance of the Collection so that it shall not be damaged, lost, or stolen. City shall provide the Collection as non-circulating reference material for the general public so long as the Collection is in the possession of City. City also agrees that it will, at City's sole discretion and to the extent budgeted funds are available for such purposes, provide binding and other repair services to the collection to assure that it will remain in good condition for the use of the general public. Society shall take the same care in maintaining the Collection. C. Discard Recommendations - Society agrees to periodically recommend to City at least one time per year during the term of this Agreement, the removal of hardcopy materials that have been digitized from the Collection. City shall act upon such recommendations as deemed appropriate by the Director or designee. D. Binding and Mending- Society shall continue to mend and bind books, pamphlets and periodicals for the Collection as Society's budget permits. Society agrees to purchase expendable supplies needed for maintenance and 24-15465/360789 6 repair of the Collection, including but not limited to, labels, book plates, glue, periodical boxes,pamphlet file folders, laminating materials and other materials required as Society's budget permits. E. Cataloging- Society shall continue to catalog and process the Collection as needed. City agrees to enter the Collection into the Library's computer catalog system as soon as deemed practicable by the Director or designee. 7. NOTICES Any notice to be given hereunder shall be sent by registered mail, and shall be deemed to be given when so mailed to the party to be notified at the address herein below stated: TO CITY: TO SOCIETY: City of Huntington Beach Orange County California Genealogy Society Community &Library Services Director do Huntington Beach Central Library 2000 Main Street 7111 Talbert Avenue Huntington Beach, CA 92648 Huntington Beach, CA 92648 City or Society may change the name of the party to be notified by written notice to the other party. 8. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code Section 1861, Society acknowledges awareness of Section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; Society covenants that it will comply with such provisions prior to commencing performance of the work hereunder. In the event Society directly hires employees, Society shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand 24-15465/360789 7 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. 9. GENERAL LIABILITY INSURANCE In addition to the workers' compensation insurance and Society's covenant to indemnify City, Society shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage. Said policy shall indemnify Society, 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 more 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 Society'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. 24-15465/360789 8 10. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencement o this Agreement, Society shall furnish to City certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; these certificates shall: (a) provide the name and policy number of each carrier and policy; (b) state 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. Society shall maintain the foregoing insurance coverage in force during the entire term of the Agreement or any renewals or extensions thereof or during any holdover period. The requirements for carrying the forgoing insurance coverage shall not derogate from Society's defense, hold harmless and indemnification obligations as set forth in this Agreement. 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. Society shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 11. INDEMNIFICATION AND HOLD HARMLESS Society hereby Agrees to protect, defend, indemnify and hold harmless City, its officers, and employees, and assigns (hereinafter collectively called"Indemnified Parties") against any and all liability, claims,judgement, penalties, damages, expenses, costs 24-15465/360789 9 and demands, including without limitation reasonable attorneys' fees, however, caused, including those resulting from death or injury to any person (including without limitation any Indemnified Party), and damage to any property, real or personal, of any kind wherever located and by whomever owned (including, without limitation,property owned by an Indemnified Party) which injury, death or physical damages arises directly or indirectly out of the grant of license herein contained or the activities to be undertaken by Society (or Society's officers, employees, agents, contractors, Society volunteers, or invitees) caused in whole or in party by any negligent act or omission of the Licensee, any of its contractors, subcontractors, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable (collectively,the Society Parties), including but not limited to concurrent active or passive negligence of the Society Parties, except to the extent caused by the negligence or willful misconduct of City or any of its agents, contractor, subcontractors, officers, or employees. City shall provide immediate notice to Society whereupon Society shall conduct any defense required hereunder at its sole cost and expense. 12. TERMINATION OF AGREEMENT Either party may terminate this Agreement at any time for any reason, upon six (6) months prior written notice. 13. ANNUAL MEETING Society and City shall meet annually in September, on a mutually agreed upon date, to discuss goals for the upcoming year, as well as provide attendance records of its monthly meetings and proof of current not-for-profit status. 24-15465/360789 10 14. ENTIRE AGREEMENT This Agreement constitutes the entire understanding of the parties hereto, and no representations or promises have been made that are not fully set forth herein. The parties hereto understand and agree that no modification of this Agreement will be binding unless such modification is in writing and duly accepted and executed by both parties. IN WITNESS WHEREOF,the parties hereto have caused this Amendment to be executed by their authorized officers on MD'(..tvyl b_- �1 _ , 2024. SOCIETY: CITY: ORANGE COUNTY, CALIFORNIA CITY OF HUNTINGTON BEACH, GENEALOGICAL SOCIETY, a municipal corporation of the State of California a California corporation 11 P By: i ►l L1 ' / • k_4\.-Np& Pri e ayor ROC.r ► 1 1YO I • 1 0 ATTEST: AND 002t, -- City Clerk - . By: �a,2�-�6� ),�A -.6. Pfnt lam APPROVE 0 ' -: F•RM: City Attorney NITIATED AND APPROVED:IkVA r• 'P.brary Services REVIEWED AND APPROVED: City Manager 24-15465/360789 11 • • ® DATE(MMlDPIYYYY) A�oftn CERTIFICATE OF LIABILITY INSURANCE • 11/21/2024 • 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), AUTHORIZE[) REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is en ADDITIONAL INSURED,the pollcy(tos)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 ondorsemont(s). • PRODUCER CONTACT Kerry M Wakely Bannister a Associates Insurance Agency PHONE FAX CA License 11OL78680 _(A/C.No.E%11: (714) 536-6086 JA1C,No):(714) 536-4054 305 17ttt Street E.ML ADDRESS: kerryebai-ins.com Huntington Beach CA 92648 INSUIlER(S)AFFORDING COVERAGE NAIC1! • INSURERA:Nonprofits Insurance Alliance INSURED INSURERS: Orange County California Genealogical Society INSURER C: _ c/o Huntington Beach Central Library INSURERD: Huntington Beach CA 92648 INSURERS/ (719) S36'5649 INSURER P: COVERAGES Kw CERTIFICATE NUMBER:Cart ID 14634 (7.) REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME)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. INSn a 1TET POLICYEPP POLIOYF.XP UNITS TYPE OF INSURANCE INN MD POLICY NUMBER IMM(DDNYYY) IMM(DDfYYYYf ' A )r COMMERCIAI.GENERALIJARILUTY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE 1 x..!OCCUR X 2024-45434 09/22/2024 09/22/2929 pR A SEdE T Enacelu col $ 500,000 MED EXP(My ono poison) S 20,000 PERSONAL&ADVINJURY S 1,000,000 GERL AGGREGATE LIMIT APPLIESPER: GENERAL AGGREGATE S 2,000,000 POLICY 1 T X. ice PRODUCTS•COMPIOP AGG S 2,000,000 OTHER Liquor Liability S 1,000,000 AUTOMOBILE LIABILITY (En COMBIlEEDSINGLE LIMIT $ ANYAUTO BODILY INJURY(Per person) S _ OWNED —SCHEDULED BODILY INJURY(Per accident) S _ AUTOS ONLY _AUTOS HIRED NON•OWNED PROPERTY OPERTY DAAG $ GE AUTOS ONLY '____,AUTOS ONLY . $ UMBRELLALIAB OCCUR EACH OCCURRENCE S -- EXCESS LIAG CLAFMS•MADE AGGREGATE $ Du O RETENTION S $ WORKERS COMPENSATION PERSTATUTE I ER - AND EMPLOYERS'LIABILITY Y!N • ANY('ROPRIETOn,PARTNERIEXECUTIVE [ ] N IA E,L EACH ACCIDENT S OFFICERIMEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE•EA EMPLOYEE $ If yes,describe Under DESCRIPTION OF OPERATIONS belo E.L.DISEASE-POLICY LIMIT S • t', - S S DESCRIPTION OF OPERATIONS I LOCAT IONS!VEHICLES IAGORD101,Additional Remarks Scitedule,may be altaChod if more space Is required) The certificate holder is named as additional insured with respects general liability policy limits. i APPROVED AS TO FOR a�: —I ICHA�L E.C�AYES C1 i Y ATTORNEY CERTIFICATE HOLDER :1'' '\ CANCELLATION Cl 1 Y OFr K�i�l INGT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Huntington Beach, Officers, Elected or Appointed Officials, Agents and Volunteers 2000 Hain Street AUTHORIZED REPRESENTATIVE 7,4, Huntington Beach CA 92649 I _ ©1988.2015 ACORD CORPORATION, All rights reserved, ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Page 1 of 1 .1.?:t' Its)'. ) '0.' POLICY NUMBER: 2024-45434 COMMERCIAL GENERAL LIABILITY Named Insured: Orange County California Genealogical Society CO 20 2612 19 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,its officers,elected or appointed officials,employees,agents and volunteers Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A. Section II--Who Is An Insured is amended to B. With respect to the Insurance afforded to these Include as an additional Insured the person(s)or additional insureds,the following Is added to organization(s)shown in the Schedule,but only with Section III—Limits Of Insurance: respect to liability for"bodily injury","property damage"or"personal and advertising Injury"caused, If coverage provided to the additional insured is in whole or in part,by your acts or omissions or the required by a contract or agreement,the most we acts or omissions of those acting on your behalf: will pay on behalf of the additional insured is the 1. In the performance of your ongoing operations; amount of insurance: or 1. Required by the contract or agreement;or 2, In connection with your premises owned by or 2. Available under the applicable Limits of rented to you. insurance shown In the Declarations; whichever Is less. However: 1. The insurance afforded to such additional This endorsement shall not Increase the applicable Insured only applies to the extent permitted by Limits of insurance shown In the Declarations. law;and 2, If coverage provided to the additional insured is. required by a contract or agreement,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 12 19 ©Insurance Services Office,Inc.,2012 Page 1 of 1 r_I-4 NONPROFITS INSURANCE -- ALLIANCE OF CALIFORNIA A Head for Insurance.A Heart for Nonprofits. POLICY NUMBER:2024-45434 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT FOR PUBLIC ENTITIES This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: A. Section II—WHO iS AN INSURED Is amended to Include: 4,Any public entity as an additional insured,and the officers,officials,employees,agents and/or volunteers of that public entity,as applicable,who may be named in the Schedule above,when you have agreed in a written contract or written agreement presently In effect or becoming effective during the term of this policy, that such public entity and/or its officers,officials,employees,agents and/or volunteers be added as an additional insured(s)on your policy,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 negligent acts or omissions;or b. The negligent acts or omissions of those acting on your behalf; in the performance of your ongoing operations. No such public entity or individual is an additional Insured for liability arising out of the sole negligence by that public entity or Its designated individuals. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. B. Section ill—LIMITS OF INSURANCE Is amended to Include: B.The limits of insurance applicable to the public entity and applicable Individuals identified as an additional Insured(s)pursuant to Provision A.4.above,are those specified In the written contract between you and that public entity,or the limits available under this policy,whichever are less; These limits are part of and not in addition to the limits of insurance under this policy. C. With respect to the Insurance provided to the additional insured(s),Condition 4.Other Insurance of SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 4. Other Insurance a, Primary Insurance .. This insurance is primary if you have agreed in a written contract or written agreement: (1) That this insurance be primary, if other insurance is also primary,we will share with all that other insurance as described in c.below;or NIAC-E61 02 19 Page 1 of 2 NONPROFITS INSURANCE ALLIANCE OF CALIFORNIA A Head for Insurance.A Mort for Nonprofits. POLICY NUMBER:2024.45434 (2)The coverage afforded by this insurance is primary and non-contributory with the additional insured(s)'own insurance. Paragraphs(1)and(2)do not apply to other insurance to which the additional Insured(s)has been added as an additional insured or to other insurance described in paragraph b.below. b. Excess Insurance This insurance Is excess over; , • 1. Any of the other insurance,whether primary, excess,contingent or on any other basis: • (a) That is Fire, Extended Coverage, Builder's Risk, installation Risk or similar coverage for "your work"; (b) That is fire,lightning,or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That Is insurance purchased by you to cover your liability as a tenant for"property damage" to premises temporarily occupied by you with permission of the owner;or (d) If the loss arises out of the maintenance or use of aircraft,"autos"or watercraft to the extent not subject to Exclusion g,of SECTION I—COVERAGE A--BODILY INJURY AND PROPERTY DAMAGE. (e) Any other insurance available to an additional insured(s)under this Endorsement covering liability for damages which are subject to this endorsement and for which the additional insured(s)has been added as an additional insured by that other insurance. (1) When this insurance Is excess,we will have no duty under Coverages A or B to defend the additional insured(s)against any"suit"if any other insurer has a duty to defend the additional insured(s)against that"suit", If no other insurer defends,we will undertake to do so,but we will be entitled to the additional insured(s)'rights against all those other Insurers. (2) When this insurance is excess over other insurance,we will pay only our share of the amount of the loss,if any,that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self-Insured amounts under all that other insurance. (3) We will share the remaining loss,if any,with any other insurance that is not described in this Excess insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part, c, Methods of Sharing If all of the other insurance available to the additional insured(s)permits contribution by equal shares,we will follow this method also.Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains,whichever comes first. If any other the other insurance available to the additional insured(s)does not permit contribution by equal shares,we will contribute by limits.Under this method,each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. NIAC-E61 02 10 Page 2 of 2 7 Se CA g2b�fn3eac ,- tet ::Huningoih' i . r . • • 0 , The.`State::of:::California:;rewires`',e ±,e y et t"erprise. or: business..to.provide workers compensation insurance;_covei age. . if you have no employees,.••.-:• may. ma e a i declaration to that effect by completing and signing_this form.:and. returning to: . . . . .. . .:.• .. .. ....... . .. • . ...:.: - , . .City f�Hi~ntirg -2 :oo >vi .l--i uinfi� e i is r t ork�:'fo>=w ch m .-. .::.. �•.that`winthe, ei�forlriance�af:�th _ p`.,.. } :;is•sued, i shall;::not:;:employ:any-.person,,in:any.:manner so as,:to.become subject:;to . . ... 1 : , CaiifornlaVWorkers :Compensation.lnsurance re wire.meats: w,:: ::°.`,;' ,.l ::-: ;::.it ;.._:: ,, ... ..n Beac > to.;:immediatel. .:.;anr�:_-r"etroactivel ::;:':::::i�::::': ::.i<:'auth:orrxe;_thir .:C�ty,,of Huntsngton _ _ Y• _:,_ .._ - =i sued :::under:;. this:::deciaration:.v tf.: 1 ,:hire::an :.... .. revok�._�th�-:t6. ense: operm�t- .s:-- Y. ::...._._._ ii: ii. .. i,- ecome:: ub ecr:'to:';the iouislon•:of::thelaws:3'equning:Woic.;ers :.::: ;. ::' employee.(srar:l? S �': P :ii:V6P44.:"‘d,t1;g1,P;',1:',4;441i4G.W...*:.: '':::.;.::::-.. i m�Y ....: :.:..::: o - • :... .<: .::. _..-_aorrr an !`fame t`3"C',t_ t ':. i.l) Aadie s. _ ,rt r yak J:?':.: _i: J a: f .i.:, • ary= lit } ss:,_.,,:� ':I T.. 4 a.f ti 4 4 /� i. A !J:a s•.S n _c t'. ...:.::.....::.... .. ';1� if- J i Y�y _ ��?ry"�zis --_ _- _ (:'�3N..''Tr�,�rr:r av''">:i<t�^"tin�=`%-�;e-- • r ,,at :::t•'::,',...:::: ::.......l&A,A.7.;••". ..":.•••••••:..:.•:.:: • • �J :I�et 'S d • �: g • f �+ - . r 4 ram: {r`_: le l�fulF1 f. 1. a �eie:•.ho� � '-�Y T. • � _ _.,,.,:tom_-,F:, .... :: �{.::rye:: rr. tY ems:= - „/,irk; - tea^: x:nA r�rv. ' Y4o' �sy- - .-x-z - .rL� 2.zt'- - - 1 vim=�+t_��•,r. ,I.J-Jr. '•/y :.J:,- •./..1'.:/.. ,/ •i'x.'a-'lr f'" � :=4.'=L•`f`�, -..sC:� r.,r•.rr r•r r:r.'i•1.,i r✓ s'•/ 1 r:ITir•Pill•J✓ , -'' J: j K i?ry;,1,;,,x lBB FrJ ...... 0, CITY OF HUNTINGTON BEACH 4 i u ��Fc e o0:,, ` ,B• Lisa Lane Barnes I City Clerk irseA� January 7, 2025 Orange County California Genealogy Society do Huntington Beach Central Library 7111 Talbert Avenue Huntington Beach, CA 92648 To Whom It May Concern: Attached for your records is a fully executed copy of the "License Agreement by and Between the COHB and Orange County, California Genealogical Society for the Use of City-Owned Genealogical Materials"approved by the Huntington Beach City Council on November 19, 2024. • Sincerely, *titot6Afttle• Lisa Lane Barnes City Clerk RE:ds Enclosure Office: (714)536—5405 I 2000 Main Street, Huntington Beach, CA 92648 I www.huntingtonbeachca.gov Mr. Amory Hanson 8102 Ellis Avenue Apartment 121 Huntington Beach CA 92646 November 19, 2024 The Mayoress of Huntington Beach 2000 Main Street Huntington Beach CA 92648 My Dear Madam Mayoress, I would like to express my support for Item XVII. Sincerely Yours, Mr.Amory Hanson CC:The Honorable Patrick Burns CC:The Honorable Rhonda Bolton CC:The Honorable Daniel Kalmick CC:The Honorable Casey McKeon CC:The Honorable Natalie Moser CC:The Honorable Anthony Strickland SUPPLEMENTAL COMMUNICATION Meeting Date: 11/19/2024 Agenda Item No. 17 (24-813)