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 , 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 computers), 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.
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-tour 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 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.
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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
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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
municipal corporation of the State of
California
JAMES CGHORMLEYTIL Mayor
print name
ITS: (circle one) Chairman/President/Vice President
AND City Clerk
Dem Baner INITIATED AND APPROVED:
By:_
The Wed
Dennis Bauer irector of Community & Library Services
print name
ITS: (circle one) Secretary/Chief Financial
Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED:
City Manager
APPROVED AS TO FORM:
malese COM
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