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HomeMy WebLinkAboutBlue Water Enterprises - 2015-10-05Dept ID ED 15-26 Page 1 of 2 Meeting Date 10/5/2015 qovEj 7-0 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 10/5/2015 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A Wilson, City Manager PREPARED BY: Ken Domer, Assistant City Manager Kellee Fritzal, Deputy Director Business Development SUBJECT: Approve and authorize execution of a License Agreement between the City of Huntington Beach and Blue Water Enterprises for Pedi-Cab Service in the downtown area of the City Statement of Issue The City Council is asked to approve a License Agreement between the City and Tony Saccareccia, dba Blue Water Enterprises, for providing Pedi-Cab Services to the community in the downtown area Financial Impact No Fiscal Impact The City does not receive any revenue from the agreement as the license agreement is regulatory in nature Recommended Action Approve and authorize the Mayor and City Clerk to execute the "Non -Exclusive License" agreement between the City of Huntington Beach and Tony Saccareccia, dba Blue Water Enterprises to provide Ped-Cab services to the community in the downtown area Alternative Action(s) Do not approve the Agreement and direct staff accordingly Analysis To provide for the operation of pedi-cab services in the downtown area, a service deemed a visitor - serving amenity, and to better coordinate such services, City Staff conducted a Request for Proposals (RFP) for the purposes of formalizing an agreement with a pedi-cab operator Upon completion of the RFP process it was determined that Blue Water Enterprises was the best operator to provide pedi-cab services within the City The term of the license agreement is for two -years from the date of approval with an option to extend for three (3) additional years at the discretion of the City Several provisions of the agreement include, • Pedi-cab service will be provided year-round Monday through Sunday • Pedi-cabs will not travel through beach, pier, and pier plaza events/activities which include and are not limited to the Crafts Fair and Farmer's Market • No Motorized bicycles may be used for the Pedi-cab service_ HB -277- Item 9. - I Dept ID ED 15-26 Page 2 of 2 Meeting Date 10/5/2015 • Advertisements will not display products or services which are directed at an adult population, Including, but not limited to alcohol, tobacco, and gambling activities The license agreement does not create a revenue opportunity for the City but serves a purpose as a regulatory mechanism to ensure that pedi-cab operations are conducted in a safe manner Additionally, the license agreement as agreed to by the selected provider ensure that all pedi-cab advertisements will not display products or services which are primarily directed at an adult population This effectively prohibits advertising for alcohol, tobacco, and gambling activities to include card clubs and casinos The license agreement also regulates the manner in which the pedi-cabs can be operated to include prohibiting their use on the Pier and their use during special events Environmental Status Not applicable Strategic Plan Goal Improve quality of life Attachment(s) 1 Non -Exclusive License Agreement between the City of Huntington Beach and Blue Water Enterprises Item 9. - 2 HB -278- NON-EXCLUSIVE LICENSE This Non -Exclusive License (License), made and entered into this %6_7*' day of CrW47Z , 2015, by and between Blue Water Enterprises (hereinafter "Licensee") , and the City of Huntington Beach, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City") RECITALS A The City desires to provide its citizens and tourist Ped1-cab service in the downtown area of the City of Huntington Beach B Licensee represents that Licensee is able and willing to provide such services C In undertaking the performance of this License, Licensee represents that it is capable and that any services performed by Licensee under this License will be performed in compliance with such standards as may reasonably be expected from a professional in the field NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows 1. TERM This License shall commence on the date first written above and terminate QO rpb t 4 _ ,_p/ 1�: , unless terminated earlier in accordance with Section 9, below The term of this License may be extended for three (3) years upon a writing executed by the Director of Community Services and the City Attorney. 2. GRANT OF AUTHORITY, LIMITS AND RESERVATIONS (a) Grant of Authority, Term City hereby grants to Licensee, subject to the terms and conditions of this License and applicable law, the non-exclusive right, pnvilcgc, and authority to operate and maintain a Pedi-cab service within the Huntington Beach down town area The down town area ("License Area") contemplated by this Agreement consists of Goldenwest Street to Palm Avenue, Palm Avenue to 17t' Street. 17t' Street to Adams Avenue, Adams Avenue to Beach Boulevard, Beach Boulevard to Pacific Coast Highway, and Pacific Coast Highway to Goldenwest Street A map of the service areas for this License, including exclusive and non- exclusive areas is attached hereto as Appendix A Any modification to the License Area described in this paragraph must be approved in writing by the Community Services Director or his/her designee (b) Scope of License The license is intended to convey limited rights and interests only as to those Rights -of -Way in which City has an actual interest It is not a warranty of title or interest in any Right -of -Way; it does not provide Licensee any interest in any particular location within the Right -of -Way, and it does not confer rights other than as expressly provided in the grant. The license does not deprive City of any powers, rights, or privileges it now has or may later acquire in the future to 14-1441 001/120760 use, perform work on. or to regulate the use of, and to control the Right -of -Way, including without limitation the right to perform work on its roadways, Right -of - Way or appurtenant drainage facilities, including but not limited to, constructing, altering, removing, paving, widening, grading, or excavating (c) Exercise of Authority under License This License only authorizes Licensee to provide Pedi-cab service Neither this License nor the grant of the license shall be interpreted to prevent the City from imposing additional conditions consistent with applicable law, including additional compensation conditions for use of the Rights - of -Way should Licensee provide services other than those contemplated herein (d) License Not Exclusive. The right to use and occupy the Rights -of -Way is not exclusive and does not explicitly or implicitly preclude the issuance of other licenses to provide Pedi-cab or similar services within City, or affect City's right to use or authorize the use of any of its Rights -of -Way or other property by other persons as City determines appropriate, or affect the City's right to authorize itself or to permit any other business to provide pedi-cab or other similar services (e) Licensee Bears Its Own Costs. Unless otherwise expressly provided by applicable law or in this License, all acts that Licensee is required to perform must be performed at Licensee's own expense. (f) Pedi-cab services Services will be provided year round at no cost to the public (tips may be accepted) The scope of work to be performed by Licensee is attached hereto as Appendix B City and Licensee will meet and create a schedule whereby Licensee will operate In the event City and Licensee cannot mutually agree to a schedule, either party may terminate this agreement City must pre -approve all advertising on Pedi-cabs at its sole discretion All pre -approvals will be made within 72 hours of submission of advertising material to the Director of Community Services or his/her designee 2 Licensee may not distribute any promotional material or merchandise without approval of the Director of Community Services or his/her designee This includes but is not limited to free samples of products, coupons, advertising fliers, restaurant menus/busmess cards of merchants which are located in the Down Town Area, and/or stickers for other businesses and the selling of any merchandise or refreshments by Licensee Licensee is prohibited from operating pedi-cabs within areas designated as events/activity areas, which include but are not limited to the Crafts Fair, Farmers' Market, Fourth of July celebration and Main Street closures The Community Services Director or his/her designee may approve designated crossings over Main Street during street closures 4 The maximum speed limit for pedi-cabs shall be five (5) miles per hour 14-4441 001/120760 2 Licensee may operate up to twelve (12) pedl-cabs Any increase in the number of pedi-cabs in operation must be approved by the Director of Community Services All training class documentation, employee application(s), and resume(s) of Ped1-cab operators will be made available to the City at any time when requested Ped1-cab operators shall interact with the public in a professional and courteous manner and shall provide excellent customer service 3. INDEPENDENT CONTRACTOR Licensee shall, during the entire term of this License, be construed to be an independent contractor and not an employee of the City This License is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Licensee performs the services which are the subject matter of this License, however, the services to be provided by Licensee shall be provided in a manner consistent with any applicable standards and regulations governing such services Licensee shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes 4. CONFLICT OF INTEREST CLAUSE Licensee covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this License 5. WAIVER The failure of City or Licensee on one or more occasions to exercise a right or to require compliance or performance under this License, or any other applicable law shall not be deemed to constitute a waiver of such right or a waiver of compliance or performance, unless such right has been specifically waived in writing Any waiver of a breach is not a waiver of any other breach, whether similar to or different from that waived 6. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this License shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons 14-4441 001/120760 To City Director of Community Services City of Huntington Beach 2000 Main Street, P O Box 190 Huntington Beach, CA 92647 To Licensee Blue Water Enterprises 412 Olive Street, Ste 224 Huntington Beach, CA 92648 A party may change its address by giving notice in writing to the other party Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded 7. EXCLUSIVITY AND AMENDMENT This License represents the complete and exclusive statement between the City and Licensee, and supersedes any and all other licenses, oral or written, between the parties In the event of a conflict between the terms of this License and any attachments hereto, the terms of this License shall prevail This License may not be modified except by written instrument signed by the City and by an authorized representative of Licensee The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that terms and conditions hereof, shall not bind or obligate Licensee nor the City Each party to this License acknowledges that no representations, inducements, promises or Licenses, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein 8. ASSIGNMENT Inasmuch as this License is intended to secure the specialized services of Licensee, Licensee may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City at the City's sole and absolute discretion, and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void Nothing in this License shall be construed to limit the City's ability to have any of the services which are the subject to this License performed by City personnel or by other Licensees retained by City 9. TERMINATION This License may be terminated by the City by providing at least thirty (30) days written notice of termination In the event Licensee breaches any of the terms of this agreement specifically those contained in Section 2 above, the City may immediately terminate this agreement, or allow Licensee to cure such breach within 30 days from the notice of breach 14-4441 001/120760 4 10. DISCRIMINATION Licensee shall not discriminate because of race, color. creed, religion, sex, marital status. sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities Licensee affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations 11. JURISDICTION - VENUE This License and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. This License has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this License shall be determined and governed by the laws of the State of California Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or anse out of in connection with or by reason of this License. 12. PROFESSIONAL LICENSES Licensee shall, throughout the term of this License, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Huntington Beach and all other governmental agencies. Licensee shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions Said mabiiity shall be cause for termination of this License 13. INDEMNIFICATION, DEFENSE, HOLD HARMLESS Licensee hereby agrees to protect, defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to Licensee's employees and damage to Licensee's property, arising directly or indirectly out of the obligations or operations herein undertaken by Licensee, caused in whole or in part by any negligent act or omission of the Licensee, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Licensee will conduct all defense at its sole cost and expense and City shall approve selection of Licensee's counsel This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable The policy limits do not act as a limitation upon the amount of indemnification to be provided by Licensee 144"1 001/120760 5 14, INSURANCE (a) In addition to the workers' compensation and employer's liability insurance and Licensee's covenant to defend, hold harmless and indemnify City, Licensee shall obtain and furnish to City a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service. This policy shall indemnify Licensee, its officers, employees and agents while acting witlun the scope of their duties, against any and all claims arising out of or in connection with the Project/Service. 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 One Million Dollars ($1.000.000) per occurrence. If coverage is provided under a form which includes a designated general aggregate lumt, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this Project/Service This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers (the "Additionally Insured Parties) as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Licensee's insurance shall be primary and non-contributory with any other valid and collectible insurance or self-insurance available to the Additionally Insured Parties Any available insurance proceeds in excess of the mimmum coverage amount specified herein shall be available to the Additionally Insured Parties All coverage available to Licensee shall also be available to the Additionally Insured Parties Under no circumstances shall said above -mentioned insurance contain a self -insured retention without the express written consent of City, however, an insurance policy "deductible" of $5,000.00 is permitted. Licensee shall be responsible for causing all Subcontractors to maintain the same types and limits of insurance coverage as that required of Licensee by this Agreement (b) Workers' ComRensation And Employer's Liability Insurance Pursuant to California Labor Code Section 1861, Licensee acknowledges awareness of Section 3700 et seq of this Code, which requires every employer to be insured against liability for workers' compensation; Licensee covenants that it will comply with such provisions prior to commencing performance of the work hereunder Licensee shall obtain and furnish to City workers" compensation and employer's liability insurance in an amount of not less than the State statutory limits Licensee shall require all subcontractors to provide such workers" compensation and employer's liability insurance for all of the subcontractors' employees Licensee shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Licensee shall similarly require all subcontractors to waive subrogation 14-4441oovi20760 6 (c) Certificates of Insurance. Additional Insured Endorsements Prior to commencing performance of the work hereunder, Licensee shall furnish to City certificates of insurance subject to approval of the City Attorney evidencing the foregoing coverages as required by this Agreement, the certificates shall. 1. provide the name and policy number of each carrier and policy, 2 state the policy is currently in force, and 3 promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of City Licensee shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by City. The requirement for carrying the foregoing insurance coverages shall not derogate from the Liceensee's defense, hold harmless and indemnification obligations as set forth under this Agreement City or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance Licensee shall pay, in a prompt and timely manner, the premiums on all insurance hereinafter required Licensee shall provide a separate copy of the additional insured endorsement to each of Licensee's insurance policies, naming the Additionally Insured Parties as Additional Insureds, to the City Attorney for approval prior to any payment hereunder A statement on an insurance certificate will not be accepted in lieu of the actual endorsement Licensee shall require all subcontractors to name Licensee, its officers, employees and agents, and the Additionally Insured Parties as Additional Insureds on all subcontractor insurance policies using ISO form number CG 38 04 13 or coverage at least as broad Licensee shall verify that every subcontractor policy endorsement complies with the requirements set forth herem 15. COMPLIANCE WITH LAW Licensee shall comply with all statutes, ordinances, regulations, and requirements of all governmental entities, federal, state, county and municipal, relating to this License and pedi-cab operations whether such statutes, ordinances, regulations, and requirements be now in force or hereinafter enacted The judgment of any court of competent jurisdiction, or the admission by Licensee in a proceeding brought against Licensee by any government entity, that Licensee has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between City and Licensee and shall be ground for termination of this License by City 16. MISCELLANEOUS PROVISIONS (a) Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this License, and shall indemnify City fully, including reasonable costs and attorney's fees, for any mjunes or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 14-4"1 001/120760 7 (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this License IN WITNESS WHEREOF, the parties hereto have executed this License the date and year first above written Licensee BLUE WATER ENTERPRISES B pnnt name ITS (circle one) Chairman/PresidenVVice resi n AND By pnnt name ITS (circle one) Secretary/Chief Financial Officer/Asst Secretary - Treasurer REVIE APPROVED rt anager CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Exhibits ,,A" — Request for Proposal dated June 25, 2014 Attorney 14-4441 001/120760 8 APPENDIX A Proposed Pedi-cab service area within Downtown Specific Plan U) m in Indianapolis A e rn �' Non -Exclusive Area = Exclusive Area AAtlanta_ ovc APPENDIX B SCOPE OF WORK The scope of work will require the selected contractor to provide pedi-cab service within the Huntington Beach Downtown Specific Plan Area A. The following shall be included in the daily service of the pedi-cab service and the contract shall adhere to the conditions of operation outlined below • Contractor will provide pedi-cab service year-round Monday through Sunday • Contractor shall adhere to approved route within Downtown Specific Plan Area (See Appendix A). • Contractor shall adhere all operations to the Huntington Beach Municipal Code Chapter 10.84. • Route may only be changed at the direction, or with written approval, of the community Services director • The pedi-cab operation may include the beach trail. Use of the trail, including specific dates, times, and areas will be at the discretion of the community Services director • Pedi-cab operators will not travel through beach, pier, and pier plaza events/activities, which include by are not linuted to the Crafts Fair and Farmer's Market • There shall be no operation of peck -cabs on Pacific Coast Highway; operators shall use the city beach parking lots to access guests from the Hyatt and Hilton to Main Street and the beach • Speed limit on the Huntington Beach pier shall not exceed 5 miles per hour • No motorized bicycles may be used for the pedi-cab service. • No pedi-cabs may be stored on public property Contractor will be responsible for pech-cab storage • All pedi-cab operators must be equipped with two way radios or cell phones • All pedi-cab operators must wear a uniform with their names clearly visible. 14-4441 001/120896 • A list shall be submitted to the city with names, addresses, and Driver's License numbers of all operators • All complaints forwarded to pedn-cab contractor must be answered in writing within 72 hours, with a copy to the Community Services Department • All pedi-cabs shall be maintained in a safe and attractive condition and comply with the orders or commands of Police, Fire, and Maine Safety Officers, as well as other authorized city personnel. • It is preferred that the contractor use advertising and donation revenue sources and provide free pedi-cab service to any person within the Downtown Specific Plan Advertisements will not display products or services which are directed at an adult population, including, but not limited to alcohol, tobacco. and gambling activities • If a fare is to be charged, fares will be mutually agreed upon between the city and contractor The rates agreed upon shall be the only rates charged B The Contractor shall perform, but is not limited to, the following duties While performing the duties within the scope of work, it is extremely important for pedi-cab operators to be personable and provide excellent customer service at all tunes Operators shall be prohibited from the use of alcohol, drugs, tobacco. and obscene language while on duty. Contractor is responsible to insure operators adhere to these rules • Contractor shall assure all pedl-cab operators obey traffic and safety laws • General Prevailing Wage Ranges. Does not apply Pedi-cab operators are independent contractors 14-4441 001 / 120896 REQUEST FOR PROPOSAL FOR Pedi-cab service on City of Huntington Beach Property City Manager's Office of Business Development CITY OF HUNTINGTON BEACH Released on June 25, 2014 Item 9. - 14 HB -290- Pedi-Cab Service on City of Huntington Beach Property REQUEST FOR PROPOSAL ("RFP") 1. BACKGROUND Huntington Beach is a charter city, administered by a Council/Administrator form of government, encompassing an area of 28 square miles with a population of 189,707 The total annual City budget is approximately $313 million for Fiscal Year 2013/14 with the General Fund portion of the budget totaling approximately $193 5 million The City of Huntington Beach is currently requesting proposals from qualified contractors who are interested in being considered for the operation of pedi-cab (bicycle -taxi) service on City of Huntington Beach property within the Downtown Specific Plan Area under the terms of a non- exclusive operating agreement which will include but not be limited to the terms identified in the scope of work A pedi-cab is a pedal powered tricycle taxi with a fiberglass cab carriage able to carry two adults in the cab All pedicabs are street legal and equipped with safety lights and brakes Pedicabs would come under the Califorma Department of Motor Vehicle Code, as all the rules and regulations pertaining to bicycles. Only employees/contractors of the company will operate the vehicle 2. SCHEDULE OF EVENTS This request for proposal will be governed by the following schedule Release of RFP 6-25-14 Deadline for Written Questions 7-7-14 Responses to Questions Posted on Web 7-14-14 Proposals are Due 8-14-14 Proposal Evaluation Completed 8-25-14 Approval of Contract 10-06-14 3. SCOPE OF WORK The scope of work will require the selected contractor to provide pedi-cab service within the Huntington Beach Downtown Specific Plan Area A The following shall be included in the daily service of the pedi-cab service and the contract shall adhere to the conditions of operation outlined below - Contractor will provide pedi-cab service year-round Monday through Sunday HB -291- Item 9. - 1 - Contractor shall adhere to approved route within Downtown Specific Plan Area (See Appendix A) - Contractor shall adhere to operations subject to Huntington Beach Municipal Code Chapter 10 84 (See Appendix B) - Route may only be changed at the direction, or with written approval, of the Community Services Director - The pedi-cab operation may include the beach trail Use of the trail, including specific dates, times, and areas will be at the discretion of the Community Services Director - Pedi-cab operators will not travel through beach, pier, and pier plaza events/activities, which include but are not limited to the crafts fair and farmer's market - There shall be no operation of pedi-cabs on Pacific Coast Highway, operators shall use the city beach parking lots to access guests from the Hyatt and Hilton to Main Street and the beach - Speed limit on the Huntington Beach pier shall not exceed 5 miles per hour - No motorized bicycles may be used for the pedi-cab service - No pedi-cabs may be stored on public property Contractor will be responsible for pedi-cab storage - All pedi-cab operators must be equiped with two way radios or cell phones - All pedi-cab operators must wear a uniform with their names clearly visable - A list shall be submitted to City with names, addresses, and driver's license numbers of all operators - All complaints forwarded to pedi-cab Company must be answered in writing within 72 hours, with a copy to the Community Services Department - All pedi-cabs shall be maintained in a safe and attractive condition and obey the orders or commands of Police, Fire, and Marine Safety Officers, as well as other authorized City personnel - It is preferred that the contractor use advertising and donation revenue sources and provide free pedi-cab service to any person within the Downtown Specific Plan Advertisments will not display products or services which are directed at an adult population, including, but not limited to, alcohol, tobacco, and gambling activities Item 9. - 16 HB -292- - If a fare is to be charged, fares will be mutually agreed upon between the City and contractor The rates agreed upon shall be the only rates charged B The Contractor shall perform, but is not limited to, the following duties - While performing the duties within the scope of work, it is extremely important for pedi-cab operators to be personable and provide excellent customer service at all times Operators shall be prohibited from the use of alcohol, drugs, tobacco, and obscene language while on duty Contractor is responsible to insure operators adhere to these rules - Contractor shall assure all pedi-cab operators obey traffic and safety laws - General Prevailing Wage Ranges Does not apply. Pedi-cab operators are independent contractors 4. PROPOSAL FORMAT GUIDELINES Interested contractors are to provide the City of Huntington Beach with a thorough proposal using the following guidelines Proposal should be typed and should contain no more than 20 typed pages using a 12-point font size, including transmittal letter and resumes of key people, but excluding Index/Table of Contents, tables, charts, and graphic exhibits Each proposal will adhere to the following order and content of sections Proposal should be straightforward, concise and provide "layman" explanations of technical terms that are used Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and on providing a complete and clear description of the offer Proposals, which appear unrealistic in the terms of technical commitments, lack of technical competence or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected The following proposal sections are to be included in the bidder's response A Vendor Application Form and Cover Letter Complete Appendix C, "Request for Proposal -Vendor Application Form" and attach this form to the cover letter A cover letter, not to exceed three pages in length, should summarize key elements of the proposal An individual authorized to bind the company must sign the letter The letter must stipulate that the proposal price will be valid for a period of at least 180 days Indicate the address and telephone number of the contractor's office located nearest to Huntington Beach, California and the office from which the project will be managed B Background and Protect Summary Section The Background and Project Summary Section should describe your understanding of the City, the work to be done, and the objectives to be accomplished Refer to Section 3 Scope of Work of this RFP HB -293- Item 9. - 17 C Methodology Section Describe the approach you plan to use to carry out the specific work tasks listed in Section 3 1) Provide a detailed operational schedule for the year as well as a plan for storage of the pedi-cabs Provide a proposed route within the pedi-cab service area found in Appendix A D Staffnp Provide a list of individual(s) who will be working on this project and indicate the functions that each will perform Include a resume for each designated individual The Contractor shall be responsible for hiring the necessary personnel to conduct the daily operation of the pedi-cabs This section should also include screening methods for hiring personnel The Contractor shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provision of the United States Code regarding employment verification The Contractor will comply with all Federal, State, and local laws related to minimum wage, social security, non-discrimination, ADA, unemployment compensation, and worker's compensation Upon award and during the contract period, if the Contractor chooses to assign different personnel to the project, the Contractor must submit their names and qualifications including information listed above to the City for approval before they begin work E Qualifications The information requested in this section should describe the qualifications of the company, key staff and sub -contractors performing projects within the past five years that are similar in size and scope to demonstrate competence to perform these services Information shall include 1) Names of key staff that participated on named projects and their specific responsibilities with respect to this scope of work 2) A summary of your company's demonstrated capability, including length of time that your company has provided the services being requested in this Request for Proposal 3) Provide local references that received similar services from your company The City of Huntington Beach reserves the right to contact any of the organizations or individuals listed Information provided shall include ♦ Client Name ♦ Project Description ♦ Project start and end dates ♦ Client project manager name, telephone number, and e-mail address Item Q - 1 Q LTD ��� 5. PROCESS FOR SUBMITTING PROPOSALS ♦ Content of Proposal The proposal must be submitted using the format as indicated in the proposal format guidelines ♦ Preparation of Proposal Each proposal shall be prepared simply and economically, avoiding the use of elaborate promotional material beyond those sufficient to provide a complete, accurate and reliable presentation ♦ Number of Proposals Via the PlanetBids com web site, you shall submit one (1) electronic copy of your proposal in sufficient detail to allow for thorough evaluation and comparative analysis. ♦ Submission of Proposals Complete written proposal must be submitted electronically in PDF file format via the Planetbids.com website no later than 4:00 p.m. (P.S.T) on August 14, 2014. Proposal will not be accepted after this deadline. Faxed or e-mailed proposals will not be accepted. ♦ Inquiries Questions about this RFP must be directed in writing, via e-mail to: Jim Slobojan, Fiscal Services Manager islobolau.surfcity-hb org From the date that this RFP is issued until a firm is selected and the selection is announced, firms are not allowed to communicate for any reason with any City employee other than the contracting officer listed above regarding this RFP Refer to the Schedule of Events of this RFP or the City webpage to determine if a pre -proposal conference has been scheduled The City reserves the right to reject any proposal for violation of this provision No questions other than written will be accepted, and no response other than written will be binding upon the City ♦ Conditions for Proposal Acceptance This RFP does not commit the City to award a contract or to pay any costs incurred for any services The City, at its sole discretion, reserves the right to accept or reject any or all proposals received as a result of this RFP, to negotiate with any qualified source, or to cancel this RFP in part or in its entirety All proposals will become the property of the City of Huntington Beach, USA If any proprietary information is contained in the proposal, it should be clearly identified HB -295- Item 9. - I 6. EVALUATION CRITERIA Proposals will be evaluated on the basis of their responses to all provisions of this RFP The City of Huntington Beach may use some or all of the following criteria in its evaluation and comparison of proposals submitted The criteria listed are not necessarily an all-inclusive list and the order in which they appear is not intended to indicate their relative importance: ♦ Compliance with RFP requirements ♦ Demonstrated understanding of the City and the work plan ♦ A logical, proven methodology for carrying out the scope of work ♦ The contractor's recent experience in conducting projects of similar scope, complexity, and magnitude ♦ Qualifications of personnel assigned to the project ♦ The financial stability of the contractor ♦ Recent references from local clients ♦ The proposed project cost The City may contact and evaluate the contractor's and subcontractor's references, contact the contractor for clarification to responses, solicit information from any available source concerning any aspect of a proposal, and seek and review any other information deemed pertinent to the evaluation process The evaluation committee shall not be obligated to accept the lowest priced proposal, but shall make an award in the best interests of the City After written proposals have been reviewed, discussions with prospective contractors may or may not be required If scheduled, the oral interview will be a question/answer format for the purpose of clarifying the intent of any portions of the proposal The individual from your company that will be directly responsible for carrying out the contract, if awarded, should be present at the oral interview A Notification of Intent to Award may be sent to the contractor selected Award is contingent upon the successful negotiation of final contract terms Negotiations shall be confidential and not subject to disclosure to competing contractors unless an agreement is reached If contract negotiations cannot be concluded successfully, the City may negotiate a contract with the next highest scoring contractor or withdraw the RFP 7. STANDARD TERMS AND CONDITIONS ♦ Amendments The City reserves the right to amend this RFP prior to the proposal due date All amendments and additional information will be posted to the Huntington Beach Procurement Registry. Huntington Beach - Official City Web Site - Business - Bids & RFP's, contractors should check this web page daily for new information ♦ Cost for Preparing Proposal The cost for developing the proposal is the sole responsibility of the contractor All proposals submitted become the property of the City tPm 9 - ?0 ur2 _�Q� ♦ Contract Discussions Prior to award, the apparent successful contractor may be required to enter into discussions with the City to resolve any contractual differences These discussions are to be finalized and all exceptions resolved within one (1) week from notification If no resolution is reached, the proposal may be rejected and discussions will be initiated with the second highest scoring contractor A sample agreement is linked to this Request for Proposal in the City web site ♦ Confidentiality Requirements The staff members assigned to this project may be required to sign a departmental non- disclosure statement Proposals are subject to the Freedom Information Act The City cannot protect proprietary data submitted in proposals ♦ Financial Information The City is concerned about contractors' financial capability to perform, therefore, may ask you to provide sufficient data to allow for an evaluation of your company's financial capabilities ♦ Insurance Requirements City Resolution 2007-3 requires that licensees, lessees, and vendors have an approved Certificate of Insurance (not a declaration or policy) on file with the City for the issuance of a permit or contract Within ten (10) consecutive calendar days of award of contract, successful contractors must furnish the City with the Certificates of Insurance proving coverage as specified in Appendix D Failure to furnish the required certificates within the time allowed will result in forfeiture of the Proposal Security Please carefully review the Insurance Requirements before responding to the Request for Proposal enclosed herein. The terms insurance requirements have been mandated by City Council and can be modified only if extraordinary circumstances exist. Your response to the Request for Proposal must indicate if you are unwilling or unable to provide the insurance requirements. The City will consider this in determining responsiveness to the Request for Proposal. HR _?97- Item 9. - 21 Item 9. - 22 xB -298- 3 APPENDIX B Item 9. - 24 xs -300- 'hapter 10.84 BICYCLE REGULATIONS 10.84 BICYCLE REGULATIONS Note * Note: §§ 10.84.010-10.84.020, 10.84.030-10.84.060, 10.84.090-10.84,110, 10.84.140 and 10.84.150 repealed by Ord. 3602; §§ 10.84.025 and ------------- ------------- ------------- ------------ •------------•------•--•--....... ••_. 10.84.(170 repealed by Ord. 2148; §§ 10.84.190 and 1(1.84.240 repealed by Ord. 2175. ---8---- -- .0.. ----- - 10.84.005 Definitions For the purpose of this chapter, the following words and phrases are defined as follows: "Bicycle" is a device upon which any person may ride, propelled exclusively by human power through a system of belts, chains, or gears, and having either two or three wheels in a tandem or tricycle arrangement. "Bicycle lane" is that portion of a roadway, other than state and county highways, set aside by striping for the use of bicycle riders and so designated, as provided in this chapter. "Bicycle path" is a pathway for bicycle riders that has been physically separated from a roadway. "Highway" is a way or place of whatever nature, maintained and open to the use of the public for purposes of vehicular travel. "Highway" includes street. "Motorized scooter" shall have the same definition as that of California Vehicle Code Section 407.5(a). --------------------- "Police Chief' shall include his or her designated representative. "Roadway" is that portion of a highway improved, designed, or ordinarily used for vehicular travel. (1913-5/74, 1969- 4/75, 2059-6/76, 2175-4/77, 3458-5/00) 10.84.080 Dealer's Records Every person engaged in the business of buying, trading, or selling bicycles in this City shall keep at his or her place of business a record of all bicycles, bought, sold or rented by him or her, giving the date of such transaction, the name and address of the person from whom purchased or traded, or to whom sold or rented, a description of such bicycle by name and make, and the frame or serial number. Such record shall be maintained in a plain, legible handwriting in a bound book, which record shall be available for inspection by members of the Police Department at all reasonable times. Such person shall make a written report to the Police Department, giving the name, address and telephone number of all persons buying, selling or trading bicycles at his or her place of business, and the bicycle manufacturer, type, and frame number. (432-1/40, 1784-12/72, 1969-4/75, 3602-5/03) 10.84.120 Impounding —Parked Bicycles No person shall park or leave a bicycle in the area between Pacific Coast Highway and the mean high tide line of the Pacific Ocean in a manner so as to block or impede any road, vehicle route, walkway or path, or so as to block or impede ingress or egress from any building, stair, pier or bridge. Any bicycle so parked or left may be impounded by the Community Services Department or by the Police Department, and may be held until the sum of five dollars has been collected to defray the cost of impound. (1784-12/72, 1913-5/74) 10 84 130 Impounding —Holding Time Period Any bicycle which has been so impounded and held for three months without redemption by or on behalf of the lawful owner thereof shall, if saleable, be sold at such time and place and in such manner for the reasonable value thereof, as provided by this code. (1784-12/72, 1913-5/74, 3602-5/03) HB -301- Item 9. - 25 bapter 10 84 BICYCLE REGULATIONS 10.84.160 Riding on -Sidewalk - No person shall ride a bicycle upon a sidewalk within any business district, or upon the sidewalk adjacent to any public school building, church, recreation center, playground or over any pedestrian overcrossing, or within any crosswalk (22- 8/09, 322-1/29, 1784-12/72, 1913-5/74, 2270-3/78) 10.84.170 Yielding Right -of -Way Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right-of-way to any pedestrian, and when overtaking and passing a pedestrian shall give an audible signal A person riding a bicycle off a sidewalk and onto a roadway shall yield to all traffic on the roadway (22-8/09, 1784-12/72, 1913-5/74) 10.84.180 Riding in Group Persons operating bicycles on a bicycle lane or path shall not ride more than two abreast (1784-12/72, 1913-5/74) 10.84.200 Bicycles on Pier No person shall ride a bicycle or any similar type vehicle on the municipal pier Bicycles or similar type vehicles may be walked or pushed on the pier (344-10/31, 554-12/49, 1784-12/72, 1913-5/74, 3185-5/93) 10.84.210 Bicycle Lanes and Paths Established The City Council establishes those bicycle lanes and paths as designated on the Preliminary Plan, Trails Element to the Master Plan of the City of Huntington Beach, and as such Preliminary Plan, Trails Element to the Master Plan may be amended hereafter from time to time (1784-12/72, 1913-5/74) 10.84.220 Implementing Establishment of Bicycle Lanes and Paths The City Manager is authorized, empowered and directed to implement the establishment of the bicycle lanes and paths, as designated on the Preliminary Plan, Trails Element to the Master Plan of the City of Huntington Beach, and as such Preliminary Plan, Trails Element to the Master Plan may be amended hereafter from time to time (1913-5/74) 10.84.230 Bicycle Lanes —Markings and Erection of Signs A The Traffic Engineer is authorized to erect or place signs upon any street or adjacent to any street in the City indicating the existence of a bicycle lane or path, and otherwise regulating the operation and use of vehicles and bicycles with respect thereto When such signs are in place, no person shall disobey same B The bicycle lane shall be designated on such street by a six-inch wide reflectorized white line (1913-5/74, 2175- 4/77) 10.84.250 Direction of Travel No person shall ride or operate a bicycle within a bicycle lane or path in any direction except that permitted vehicular traffic traveling on the same side of the roadway, provided that bicycles may proceed either way along a lane or path where arrows appear on the surface of the lane designating two-way traffic (1913-5/74) 10.84.260 Walking Bicycles Bicycles may be walked subject to all provisions of law applicable to pedestrians (1913-5/74) 10.84.270 Vehicular Traffic in Bicycle Lanes or Paths No person shall park a motor vehicle across or on a bicycle path or lane except to obtain emergency parking where signs are Item 9. - 26 HB -302- ttn /fwww ncode uq/code¢rhuntmutonheach/view nhn9tornc=mumcmal code-10-10 R4Rr¢howA11=1 &frnmeq=oM6/1 R/2014 4 21 09 PMl 'hapter 10 84 BICYCLE REGULATIONS posted prohibiting such parking No person shall drive a motor vehicle across a bicycle lane except after giving the right-of- way to all bicycles operated within the lane No motor vehicle, motorized bicycle, motor -driven cycle, or motorcycle may be operated on a bicycle path or sidewalk (1913-5/74, 2059-6/76, 2148-1/77, 2175-4/77) 10.84.275 Motorized Scooter For the purpose of this chapter, a motorized scooter shall be subject to each and every section that applies to bicycles (3458- 5/00) 10.84.280 Penalty It shall be unlawful for any person knowingly to violate or knowingly to permit any other person to violate any of the provisions contained in Sections 10 84 160 through 10 84 270 of this chapter, and any person violating any of the provisions -------------- contained in such sections shall be guilty of an infraction and punished upon a first conviction by a fine not exceeding $50 00 and for a second or any subsequent conviction within a period of one year, by a fine not exceeding $100 00 (1913- 5/74, 2059-6/76) HB -303- ttn //www neode nc/cndec/hnntmutnnheach/view nhn9tnnu=mumcm2l code-10-10 94&,chnwAll=lkfrgmec=oM6/19/2014 4 21 09 PMl Item 9. - 27 Item 9. - 28 xB -304- TYPE OF APPLICANT. REQUEST FOR PROPOSAL VENDOR APPLICATION FORM ❑ NEW ❑ CURRENT VENDOR Legal Contractual Name of Corporation Contact Person for Agreement Corporate Mailing Address - City, State and Zip Code E-Mail Address Phone Contact Person for Proposals Title Business Telephone Is your business (check one) ❑ NONPROFIT CORPORATION Is your business (check one) ❑ CORPORATION ❑ INDIVIDUAL ❑ PARTNERSHIP Fax E-Mail Address Business Fax ❑ FOR PROFIT CORPORATION ❑ LIMITED LIABILITY PARTNERSHIP ❑ SOLE PROPRIETORSHIP ❑ UNINCORPORATED ASSOCIATION Names & Titles of Corporate Board Members (Also list Names & Titles of persons with written authorization/resolution to sign contracts) Names Title Phone Federal Tax Identification Number City of Huntington Beach Business License Number (If none, you must obtain a Huntington Beach Business License upon award of contract) City of Huntington Beach Business License Expiration Date• 111 2 of 2 tPm 0 _ 10 uu _:()k APPENDIX D HB -307- Item 9. - 31 I w tv CITY OF HUNTINGTON BEACH INSURANCE REQUIREMENTS Minimum Insurance Requirements Vendor Type Additional Automobile Professional Property Insured Liability General Liability Liability Insurance Workers' Comp Endorsements Huntington Beach City Council Resolution No. 2008-63 requires sub►nittal of certificates of insurance evidencing the following Mir:i►num limits with a California admitted carrier with a current A.M. Best Is Rating of no less than A: VIL See Exhibits A I - 4for sample forms. Any deductible other than those allowed in this matrix, self-innsnnred retentions or similar forms of coverage limitations or modifications rnnust be approved by the Risk Manager and City Attorney of the City of Huntington Beach. NOTE. Waivers and/or modifications are discouraged and will be considered only under extraordinary circumstances. Contractors: Any persons or entities who Minimum of Combined single State statutory Include the contract with the City and/or provide services to $1,000,000 per limit bodily injury limits of policy number the City which are readily available and occurrence for and property damage. $250,000 bodily and Additional efficiently procured by competitive bidding. bodily injury, Minimum of injury by Insured personal injury $1,000,000 per disease, policy Endorsement and property occurrence. Allows limit, and Requirement P+ermittees: Any persons or entities who damages. Allows up to $5,000 $100,000 bodily statement make application to the City far any use of or up to $ I,D00 deductible. injury each below. (See Note encroachment upon any public street, waterway, deductible.(See (Additional Insured employee for 3 below) pier, or City property. Note 1 below.) Endorsement is always required with General accident or disease per Vendors: Any persons or entities who transfers property or goods to the City which Liability Ins.) occurrence, may or may not involve delivery and/or (See Note 2 installation. below.) Note 1 - Automobile Liability. The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers roust be named as certificate holder and as additional insured by separate attached endorsement. Permittees who do not use vehicles or equipment in connection with the pen -nit shall not be required to provide auto insurance. To be exempt from this requirement, pennittees must execute a declaration such as Exhibit I. attached. Note 2 - Workers' Compensation Exemption: If entity has no employees, a signed Declaration of Non -Employee Status form is required. Note 3 - Additional Insured Endorsement Requirements: The City, its officers, elected or appointed officials, employees agents, and volunteers are to be covered as additional insureds by separate attached endorsement(s) as respects liability arising out of action performed by or on behalf of the contractor, products and completed operations of the contractor, premises owned, occupied or used by the contractor, or automobiles owned, leased or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City. HB Insurance Matrix revised 10-27-08 i of 3 +CITY OF HUNTINGTON BEACH INSURANCE REQUIREMENTS Minimum Insurance Requirements Vendor Type Additional Automobile Professional I Property Insured Liability General Liability Liability Insurance Workers' Comp Endorsements Huntington Beach City Council Resolution No.. 2008-63 requires submittal of certificates of insurance evidencing the following minimum limits with a California admitted carrier with a current A.M. Best's Rating of no less than A: VIL See Exhibits AI - 4 for sample forms. Any deductible other than those allowed in this matrix, self -insured retentions or similar forms of coverage limitations or modifications must he approved by the Risk Manager and City Attorney of the City of Huntington Beach. NOTE. Waivers and/or modifications are discouraged and will be considered only under extraordinary circumstances. Design Professionals;. Professional service Minimum of contractors who contract with the City and/or $1,000,000 per provide architectural and/or engineering services occurrence and to the City. in the aggregate. up to Allows ows up Professional Services: Services that involve the exercise of professional discretion $10,00 and independent judgment based on an advanced deductible. or specialized knowledge, expertise or training gained by formal studies or experience or services which are not readily or efficiently procured by competitive bidding pursuant to H B Muni Code 3.02. Services includes but is not limited to those services provided by appraisers, architects, attorneys, engineers, instructors, insurance advisors, physicians and other specialized consultants. Claims made policies arc acceptable if the policy_further provides that: 1) The policy retroactive date coincides with or precedes the professional services contractor's start of work (including subsequent policies purchased as renewals or replacements). 2) The professional services contractor will make every effort to maintain similar insurance during the required extended period of coverage following project completion, including the requirement of adding all additional insureds. 3) If insurance is terminated for any reason, professional services contractor agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this agreement or permit. 4) The reporting of circumstances or incidents that might give rise to future claims. 1Z W titi Insurance Matrix_rcvised 10-27-08 2 of 3 w CITY OF HUNTINGTON BEACH INSURANCE REQUIREMENTS Minimum Insurance Requirements Vendor Type Additional Automobile Professional Property lWorkers'Compi Insured Liability general Liability Liability Insurance Endorsements Huntington Beach Cite Council Resolution No. 2008-63 requires submittal of certificates of insurance evidencing the following minimum limits with a California admitted carrier with a current A.M. Bests Rating of Pro less than A: VII. See Exhibits A I - 4 for sample forms. Any deductible other than those allowed in this matrix, self -insured retentions or similar forms of coverage limitations or modifications must he approved by the Risk Manager and Cite Attorney of the City of Huntington Beach. NOTE: Waivers and / or modifications are discouraged and will be comvidered only under extraordinary circumstances. Licensees/Lessees: Any persons or entities Combined single Full State statutory Include the who contract with the City for the use of public limit bodily injury replacement limits of policy number property. and property damage. cost with no $250,000 bodily and Additional Minimum of coinsurance injury by Insured $1,000,000 per penalty disease, policy Endorsement occurrence. Allows provision. limit, and Requirement up to $5,000 $100,000 bodily statement deductible. injury each below.(5ee Note (Additional Insurance employee for 2.) Endorsement is always accident or required u4th Gene) -al disease per Liability Iris.) occurrence. (See Note I below) Note 1 - Workers' Compensation Exemption: If entity has no employees, a signed Declaration of Non -Employee Status form is required. Note 2 - Additional Insured Endorsement Requirements: The City, its officers, elected or appointed officials, employees agents, and volunteers are to be covered as additional insureds by separate attached cndorsement(s) as respects liability arising out of action performed by or on behalf of the contractor, products and completed operations of the contractor, premises owned, occupied or used by the contractor, or automobiles owned, ]eased or borrowed by the contractor, The coverage shall contain no special limitations on the scope of protection afforded to the City. (18 lgisurance Matrix revised 10-27-08 3 of 3 CERTIFICATE OF LIABILITY INSURANCE 4>/2/2015 Y, 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 pollcy(ies) must 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 endorsements . PRODUCER Nielsen Insurance Agency NAMEA T ira Stronach PHONEWrNQFel (503)684_6598 FAX (503)244-6881 12587 SW 68th Ave Tigard, OR 97223 ADRL taira@niagency.com INSURERS AFFORDING COVERAGE NAIC# MaX= indemnity Cozn an INSURED Tony Saccareccia INSURERS INSILTRER DBA Blue Water Enterprise INSURER 412 Olive Ave ##224 INSURER E. Huntington Beach, CA 92648 INSURER F LVVl:rWUCJ a..crtirtrrx..nr� rrcrrncsa_r.. .._.._._.. .._.. 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 REOUIREMENT, TERM OR CONDITION Or ANY CONTRACTOR 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 LTR TYPE OF INSURANCE D NND POLICY NUMBER MM,M,DICDfYYYY MM) YWY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 A CLAIMS MADE I Z, I OCCUR BDG0044235-06 02/26/1502/26/16 PR i � � S 100,000 MEDEXP (Anyone Bison S 1 (}00 PERSONAL &ADVINJURY s 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER X POLICY D dECT E� LOC GENERAL AGGREGATE S 2,000,000 PRODUCTS COMROP AGG S 2,000,000, S OTHER AUTOMOBILE LIABILITY AS T® i�6 ARM CO a6 _n LIMITr._ S BODILY IfJURY (Perperson) S ANYAUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS PROVED i V r BODILY INJURY (Per accident) s Pr�OPER'Y OA A, s s UMBRELLA LIAR EXCESS LIAB OCCUR CLAWS -MADE By. it i E1 G$t EACH OCCURRENCE s o cat` A ey AGGREGATE S T WORKERSCOMPENSATION "IT-ATU E RH. E L EACH ACCIDENT s AND EMPLOYERS'LIABILMY ! ANY PROPRIETORIPARTNE-WEXECUTIVE 4FFICERlME41SER zXCLVi1eo, (Mandatary in NH) N!A E L DISEASE - EA EMPLOYEE s E L DI - POLICY LIMIT If desaabe uncles D RIPTI N OF a RATI N belnv A Assault & Battery BDG0044235-06 02/26/1502/26/16�25,000 OCC./ $25,000 Agg. OESCRtPTIONOFOPERATIONSILOCATIONS VEHICLES (ACORD101 Addibona€ Remarks S&odw%rMybeanachedif more spacrutsgwred) City ofHuntington Beach, its Employees, & 'Volunteers are named as Certificate Holder. Proof of coverage only. Pedicab Serial ##'s HBWPCO(}2, BWPCO03, BWPC004, BWPCO05, BWPC006, BWPC007. City of Huntington Beach Community Services Department 2000 Main St Huntington Peach, CA 92648 SHOULD ANY Or THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS AUTHORIZED REPRESENTATIVE 0 Vc lyOi3-GU74 iiLtSKLl LUFSrvrv�iisrar nrr rryrsaa ,syaat, ..=� ACORD25 (2014/01) The ACORD name and logo are registered marks of ACORD xB ;11- Item 9. - 35 CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDWYYYY) 4/2/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT. If the certificate holder Is an ADDITIONAL ENSURED, the policy(ies) must be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) PRODUCER Nielsen Insurance Agency 12587 SW 68th Ave Tigard, OR 97223 NAMEA Taira Stronach PHONE (503)Ea84-5598 1 FAx N„ (SC13)244-68$i AD E-MAIL tairc'�,ft a'&gency.com INSURER(Si AFFORDING COVERAGE NAIC# Maxum Indemnity C.'LSm an INSURED Tony Saccareccia DBA.Blue 'Water Enterprise 412 Olive Ave #224 Huntington Beach, CA 92648 INSURER S INSURER INSURER INSURER E IN R R F rnX/r-0Ar3FC CERTIFICATE NUMBER BER REVISION NUMBER ., THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 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 ISR L TR TYPEOF INSURANCE LI YN MBER POLICY EFFPOLICY MM/ fYYYY1 flM inoiyyyyl LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 CLAIMS -MADE I AIOCCUR 2 �Cf �mrcitrrsc 5 100,000 MEDEXP (Anyone on S 1 000 A BDG0044235-06 02/26/1502/26/16 PERSONAL & ADV INJURY S 1,000,000 GEN '.�i. L AGGREGATE LIMIT APPLIES PER POLICY t... ] JECT 0 LOC GENERAL AGGREGATE S 2,000,000 PRODUCTS • COMPIOP AGG S 2 r r 000 OTHER AUTOMOBILE LIABILITY My Eaaccidentl $ BODILY INJURY (Per person) S . ANYAUTO ALLIOMEDSCHEDULED AUTOAUTOS HIRED AUTOS NON -OWNED AUTOS s W. 21AL— �"' t— ccl BODILY INJURY (Pe,adent) S nROPERT A A S UMBRELLA LIAR OCCUR r City Mom 4f EACH OCCURRENCE S AGGREGATE $ EXCESS LIAR CLAIMS -MADE RMNTION WORKERS COMPENSATION.,MUTE AND EMPLOYERS LIABILITY ER ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERPMEMBER EXCLUDED? (Mandatory in NH) N 7A ELEACH ACCIDENT $ E L DISEASE - EA EMPLOYEE S POLICY LIMIT i4 yes, describe under DESCRIPTION OF OPERATIONS below A Assault & Battery BDG0044235-06 02/26/1502/26/16 $25,000 OCc./ ;25,000 Agg. DESCRIPTION OF OPERATIONS LOCATION$ I VEHICLES (ACORD 10i AdditlonadRemeftSchedlke maybe atfachedd more space is required) BWPCO02, BWPC003, BWPC404, BWPCO05, BWPCO06, BWPC007. For Insureds Record SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS AUTHORIZED REPRESENTATIVE IF --ter" C7 T'3$t3-ZU'i4 tkL;Cdt�LIt,L3Ki'i±rttiilvly tali nyllca IeaelvGa ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACCORD Item 9. - 36 RB - 3 1 ? - lty CITY OF HU TINGTON BEACH 2000 Main Street, Huntington Beach, CA 92648 uineach a Declaration of Non -Employer Status In order to comply with the City Council Resolution No. 6277, you are required to provide proof of Workers' Compensation Insurance. If you have no employees, this form must be signed and returned to: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 I certify that in the performance of the activity or work for which this permit is issued, l shall not employ any person in any manner so as to become subject to California Workers' Compensation Insurance requirements. l 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. Applicant/Company Name: Oak ?,L 9 La, Address: V/ Q%t ye 4_' a y2�_, a a . 4 9Kt41r Applicant's Signature: Title: �,y�` I Location Signed: Date Signed. Telephone Number: V r HB l; _ Item 9. - 37 City Of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 s www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk October 15, 2015 Blue Water Enterprises 412 Olive Street, Ste 224 Huntington Beach, CA 92648 To Whom It May Concern Enclosed for your records is a copy of the fully executed "Non -Exclusive License" between The City of Huntington Beach and Blue Water Enterprises for Pedi-cab service in the downtown area of the City of Huntington Beach Sincerely, Joan L Flynn, CIVIC City Clerk JF pe Enclosure Sister Cities Anjo, Japan ® Waitakere, New Zealand