CITY OF HUNTINGTON BEACH
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INTERDEPARTMENTAL COMMUNICATION
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Sean Joyce, Interim City Manager
PREPARED FROM: Ursula Luna-Reynosa, Director of Community Development ULR DATE: March 15, 2022
SUBJECT: SUPPLEMENTAL COMMUNICATION FOR ITEM 19 (22-183) - Undrstaning (hou between the City and the Huntington
Beach Auto Dealers Association extending the Auto Incentive Beach Parking Program for an additional five (5) years
This communication is being provided to correct language in the MOU regarding eligibility of auto dealership employees in the Auto Incentive Beach Parking Program. The revised language is consistent with the agreement between staff and the Auto Dealers and was not intentionally omitted. The revised language can be found on Page 4 of the MOU, item Number 10, and included below for reference.
10. Auto Dealers shall employ no City official not 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. Not valid for any Auto Dealer employee or their family. Failure to abide by the Auto Dealership Procedures included to this MOU as Appendix B, in addition to producing any forged or fraudulent vouchers, will result in expulsion from the program.
XC: Michael Gates, City Attorney
Robin Estanislau, City Clerk
Executive Team
SUPPLEMENTAL
COMMUNICATION
3/15/22
Meetng Dete:.
Agenda Item No.: 19(22-183)
policy shall indemnify Auto Dealers, 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 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 Auto Dealers' 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.
8. 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. Consent by one party to an assignment or transfer shall not be deemed to be consent to any subsequent assignment or transfer. Any encumbrance, 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 MOU.
9. All the terms, covenants and conditions of this MOU shall inure to the benefit of and be binding upon the parties and their successors and assigns. The provisions of this Section shall not be deemed as a waiver of any of the conditions against assignment hereinbefore set forth.
10. Auto Dealers shall employ no City official nor 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. Failure to abide by the Auto Dealership Procedures included in this MOU as Appendix B, in addition to producing any forged or fraudulent vouchers, will result in expulsion from the program.
11. Auto Dealers 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 herefrom.
12. The remedies given to the parties in this MOU 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 MOU.
13. The waiver by City of any breach by Auto Dealers 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 Auto Dealers either of the same or another provision of this MOU. 4 21-10382/267451