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Spas for Paws, LLC - 2017-12-18 (3)
AMENDMENT TO LICENSE AND OPERATION AGREEMENT BETWEEN CITY OF HUNTINGTON BEACH SPAS FOR PAWS, LLC FOR THE CONSTRUCTION,USE AND OPERATION OF A SELF-SERVICE DOG WASHING FACILITY AT CENTRAL PARK This Amendment to the License and Operation Agreement ("Amendment") is made and entered into this 19t" day of December, 2022 ("Effective Date") by and between the CITY OF HUNTINGTON BEACH, a municipal corporation ("CITY"), and SPAS FOR PAWS, LLC, "LICENSEE"). RECITALS: The CITY owns, operates and maintains Central Park("Park") within the CITY limits with has multiple amenities and related improvements, including a dedicated dog park; and The Park is frequented daily by dog owners and their pets; and LICENSEE has enhanced the Park for dog owners and their pets by operating a self-service dog washing facility ("Facility") in the Park, near the dog park; and The CITY entered into an agreement for the use, operation and maintenance of the facility with Spas for Paws, LLC; and NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. TERM OF AGREEMENT CITY and LICENSEE have mutually agreed to extend the previous License and Operation Agreement dated December 18, 2017, for an additional five (5) years, with an option for two (2) additional five (5) year extensions upon mutual Amendment. THIS SPACE INTENTIONALLY LEFT BLANK 1 22-12264/297410 IN WITNESS WHEREOF, the parties hereto have caused this Lease Amendment to be executed by and through their authorized officers the day, month and year first above written. SPAS FOR PAWS, LLC CITY OF HUNTINGTON BEACH, a Municipal corporation of the State of _a_.-vc--/ California By: d14.) al- 0) ./.4-d t wa&t.,..D Print Name Mayor fr k)__ Y* Title APPROVED A By: City Attorney Print Name ITIATED APPROVED: Title Director of Community & Library Services ATTEST: REVIEWED A► AP' ' OVED: 6 :71(44t, 9th& City Clerk �/-2 /0,3. 1111 Man.: r 2 22-12264/297410 ,.� 'Q� DATE(MMIDDIYYYY) �/C CERTIFICATE OF LIABILITY INSURANCE 12/28/2022 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 poilcy(Iee)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditlona of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT NAME: Jennifer Gupton SCOTT CLAUS INSURANCE PH oEaD: (909)883-4211 FAx 2124 N Waterman (A,c,Na):(909)8t33-3382 2an12 NBernardino, AveACA 92404 ADDREss:Jennifer.sclaus@farmersagency,com INSURER(S) AFFORDING COVERAGE NAMCY 0689949 INSURER A:Burlington insurance INSURED SPAS FOR PAWS LLC INSURER B: 3242 Mira Monte Dr INSURER C: SAN BERNARDINO, CA 92405 INSURER D: 909-374-2647 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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.����� LTII TYPE OF INSURANCE moo AIM SWVD POLICY NUMBER (MM10C ) (MMIOD/YYYEYY) LIMITS x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS•MADE Ej OCCUR PREMISES(EaEoccur ence) $ 100,000 — 974E001752 08/28/2022 08/20/2023 MED EXP(Any ono person) $ 5,000 A Y PERSONALaAOVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY a JECT 0 LOC PRODUCTS-COMP/OP AGO $ included OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Es acddenl) ANYAUTO BODILY INJURY IPer person) $ OWNED —SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED — NON-OWNED PROPERTY DAMAGE $ _AUTOS ONLY AUTOS ONLY (Per accident) S UMBRELLA LIAS f OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED I I RETENTION S $ WORKERS COMPENSATION STATUTE PRH AND EMPLOYERS'LIABILITY Y,N ANY PROPRIETONWPARTNERIEXECUTIVG fl NIA E.L.EACH ACCIDENT S OFFICER/MEMBER EXCLUDEO7(Mandatory In NH) E.L.DISEASE•EA EMPLOYEE$ If yes describe under E.L.DISEASE•POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS!LOCATIONS 1 VEHICLES(ACORD 101,Additional Remarks Schedule,may be clinched If more space Is required) Location: 18348 Edwards Street Huntington Beach, CA 92647 APPROVED AS TO FORM Certificate holder is also named as an additional insured. • MI AEL E.G CITY ATTORNEY CERTIFICATE HOLDER CANCELLATION CITY OP HUNTINGTON BEACH City of Huntington Beach 2000 Main Street SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Huntington Beach, CA 92648-2702 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ii .19::-201 tORDCOR•iv•TIO . AN rights reserved. ACORD25(2016/03) The ACORD name and logo are registered marks of .CORD 1 • DATE(MM10DlYYYY) Atf��iRO® CERTIFICATE OF PROPERTY INSURANCE 1ECMM!Oo22 THI�RTIFICATE 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. PRODUCER CONTACTNAME: Jennifer Gunton SCOTT CLAUS INSURANCE a ,,,Ix0;A909)883.4211 FAX (909)883.3382 2124 N Waterman Ave ADDRe ADDRESS: Jennifer.sclauS@farmersaflency.com San Bernardino,CA 92404 CUSTOMER — — CUSTQD'IEril11___ License#:0689949 _ INSURER(S)AFFORDING COVERAGE NAIC e INSURED INSURER A: Burlington Insurance — SPAS FOR PAWS LLC INSURER II: 3242 Mira Monte Dr INSURERC: SAN BERNARDINO,CA 92406 INSURER 0: INSURER E: -- ---- INSURER F 1 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: LOCATION OF PREMISES I DESCRIPTION OF PROPERTY(Attach ACORD 401,Additional Remarks Schedule,H more apace Is required) 18348 Edwards Street Huntington Beach,CA 92647 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. — _ _ - —. INSR POLICY EFFECTIVE POLICY EXPIRATION COVERED PROPERTY LIMITS LTR TYPE OF INSURANCE POLICY NUMBER DATE(MMlDDITYW) DATE(MMIDDIYYYY) 1 X I PROPERTY X BUILDING $ 75,000 _____ CAUSES OF LOSS DEDUCTIBLES X PERSONAL PROPERTY $ 2,000 --- BASIC BUILDING BUSINESS INCOME $ EXTRA EXPENSE $ BROAD CONTENTS - X SPECIAL RENTAL VALUE $ -1.. ,000 -.— BLANKET BUILDING $ _— EARTHQUAKEA — 9740001752 8128/2022 8/2812023 BLANKET PERS PROP WIND __— -----_.-----FLOOD BLANKET BLDG R PP $ — ..-...-...— $ — _..__. $ X INLAND MARINE TYPE OF POLICY $ 5,000 _— CAUSES OF LOSS $ A NAMED PERILS POLICY NUMBER 8/28/2022 812812023 _ .$ --- _._ 9745001752 $ CRIME $ _. TYPE OF POLICY — $ JBOILER&MACHINERY! $ _____ EQUIPMENT BREAKDOWN $ $ $ SPECIAL CONDITIONS 1 OTHER COVERAGES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Location:18348 Edwards Street Huntington Beach,CA 92647 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, 2000 Main Street Huntington Beach,CA 92648-2702 AUTH RIY . :EPR SF1TTATIVE A II1II :Ar ®1. . -201 A ORD CO ORA ION. All rights reserved. ACORD 24(2018103) The ACORD name and logo are registere, mark of AC a - 1 POLICY NUMBER: 97 4 80017 52 COMMERCIAL GENERAL I� ��I13 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 2000 Main Street Huntington Beach, CA 92648 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 Section lii-Limits Of Insurance: with respect to liability for"bodily injury","property If coverage provided to the additional Insured is damage" or "personal and advertising injury" required by a contract or agreement, the most we caused, In whole or in part, by your acts or will pay on behalf of the additional insured Is the omissions or the acts or omissions of those acting amount of insurance: on your behalf: 1. Required by the contract or agreement;or 1. In the performance of your ongoing operations: 2. Available under the applicable Limits of or Insurance shown in the Declarations; 2. In connection with your premises owned by or whichever Is less. rented to you. This endorsement shall not increase the However: 1. The insurance afforded to such additional apclicable Limits of Insurance shown in the Declarations. insured only applies to the extent permitted by law;and 2. If coverage provided to the additional Insured Is required by a contract or agreement, the 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 0413 ©Insurance Services Office,Inc.,2012 Page 1 of 1 POUCY NUMBER 9746001752 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT- OTHER INSURANCE (PRIMARY AND NON-CONTRIBUTORY COVERAGE) This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART Schedule of Additional Insured(s): Any person or organization with whom you have agreed, in a written contract, that such person or organization should be added as an additional insured on your policy, provided such written contract is fully executed prior to an "occurrence" in which coverage is sought under this policy. A, Paragraph C. of this endorsement replaces 1. Applies only when you are required by paragraph 4. Other Insurance of Section IV- contract, agreement or permit to provide Commercial General Liability Conditions, but primary and non-contributory coverage for the only with respect to the Insurance afforded to the additional insured, provided such written additional Insured(s)scheduled above. contract,agreement or permit is fully executed B. Paragraph C. of this endorsement replaces prior to an"occurrence" in which coverage Is paragraph 4. Other Insurance of Section IV- sought under this policy,and Products-Completed Operations Liability 2. Does not apply to any claim, loss or liability Conditions,but only with respect to the insurance due to the sole negligence of the additional afforded to the additional Insured(s) scheduled insured. above. C. Other Insurance Alt other terms and conditions of this Policy Notwithstanding other valid and collectible remain unchanged. Insurance available to the insured for a loss we cover under the applicable Coverage Part to which this endorsement is modifying, this Insurance Is primary and non-contributory. However,this endorsement: lFG-G-0094 0317 Includes copyrighted material of Page 1 of 1 ISO Properties,Inc.,with Its permission. Resolution No.2008.63 www�.•..wnrs....i+.r++robrwvnn.o.vw.wx.-eu*..r.twa!�,�;sv.n.mrw.•Y.ebronwasa�r+`Sr.wrwMe�.�av+r,.�.•..werr�a+ne...inwswu•.n.�++�-.+++xe�n _- CITY OF HUNTINGTON BEACH S tt 2000 Main Street, Huntington Beach, CA 92648-2702 ,,,,�„►, f, DECLARATION OF PERMITTEE I certify that no vehicle(s) will be used or operated In the performance of the task(s) or event(s) for which this permit is granted. t authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit issued in connection with or in the performance of said task(s) or events(s) if any vehicles) is used. Signature of Permittee: _.,.�. . _... Print Name: Company Name (if applicable): _5 ..2._..CQ /_..,_... r '. - Date Siene_cit = . J.,...� 16.07 EXHIBIT j. ti ATTACHMENT N5 1 �.v�,n..s.iutinnnn..n.�...w�n.,iw..n.+.�.nnnnn.�n,.��i.r.��n.rrnhr.�.n�-�✓.n r ,t, ity CITY OF HUNT'INGTON BEACH . 2000 Main Street, Huntington Beach, CA 92648-2702 Declaration of Non-Employer Status The State of California requires every enterprise or business to provide workers compensation insurance coverage. If you have no employees, you may make a declaration to that effect by completing and signing this form and returning to: City of Huntington Beach 2000 Main Street Huntington Beach. CA 92648.2702 I certify that in the performance of the activity or work for which this permit is Issued. I shall not employ any person In any manner so as to become subject to California Workers' Compensation Insurance requirements. I authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit issued under this declaration if I hire any employees) or become subject to the provision of the laws requiring Workers' Compensation Insurance, Company/Organization: ,__52 .3__. __ Address: "3:Z. 2._.1 L.1,.?rtt'_in: -vi4__.12r_..,__.5rviz.._.& e. : , .0, CA Applicant jplease print): tvaor�._ Title, if any: . . Applicant`s Signature: Date Signed: —/ — Telephone Number: 1� - ~ �?. ATTACHMENT#7 POLICY NUMBER: 974 Boo 1752 COMMERCIAL GENERAL LIABILITY CG20120413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers 2000 Main Street Huntington Beach CA 92648 Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A. Section II-Who Is An Insured is amended to 2. This insurance does not apply to: include as an additional insured any state or a.'Bodily injury", "property damage" or governmental agency or subdivision or political "personal and advertising injury"arising out subdivision shown in the Schedule,subject to the of operations performed for the federal following provisions: government, state or municipality;or 1. This insurance applies only with respect to b."Bodily injury" or "property damage" operations performed by you or on your behalf included within the "products-completed for which the state or governmental agency or operations hazard". subdivision or political subdivision has issued a permit or authorization. B. With respect to the insurance afforded to these additional insureds, the following is added to However Section III-Limits Of insurance: a.The insurance afforded to such additional If coverage provided to the additional insured is insured only applies to the extent permitted required by a contract or agreement, the most we by law;and will pay on behalf of the additional Insured is the b. If coverage provided to the additional amount of insurance: Insured is required by a contract or 1. Required by the contract or agreement;or agreement,the insurance afforded to such additional insured will not be broader than 2. Available under the applicable Limits of that which you are required by the contract Insurance shown in the Declarations; or agreement to provide for such additional whichever is less. Insured. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 12 04 13 ®Insurance Services Office,Inc.,2012 Page 1 of 1 POLICY NUMBER: 974e001752 COMMERCIAL GENERAL LIABILITY CG24040509 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person(s) or organization(s) that are shown in the applicable Declarations for this endorsement. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The following is added to Paragraph 8,Transfer Of Rights Of Recovery Against Others To Us of Section IV-Conditions: We waive any right of recovery we may have against the person or organization shown In the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work"done under a contract with that person or organization and Included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above CO 24 04 05 09 ©Insurance Services Office, Inc.,2008 Page 7 of I Dept. ID CS 17-023 Page 1 of 2 �j Meeting Date: 12/18/2017 7-0 i _ CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 12/18/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Janeen Laudenback, Director of Community Services SUBJECT: Approve and authorize execution of a License and Operation Agreement with Spas for Paws, LLC, for the construction, use, and operation of a self-service dog washing facility at Huntington Central Park for a period of five-years Statement of Issue: Approve License and Operation Agreement between the City of Huntington Beach and Spas for Paws, LLC, for the Construction, Use and Operation of a self-service dog washing facility at Huntington Central Park for a period of five-years. Financial Impact: City will receive a percentage of revenue generated at the facility. Recommended Action: Approve and authorize the Mayor and City Clerk to execute the "License and Operation Agreement Between the City of Huntington Beach and Spas for Paws, LLC, for the Construction, Use and Operation of a Self-Service Dog Washing Facility at Central Park." Alternative Action(s): Do not approve the license and operation agreement with Spas for Paws, LLC, and direct staff accordingly. Analysis: Based on an interest to establish a self-serve dog washing facility in Central Park, the Community Services Commission and City Council approved issuing a Request for Proposals (RFP) to seek qualified concessionaires to construct and operate such a facility. Similar facilities currently operate in Santa Barbara, Oxnard, Santa Maria, and the San Francisco Bay area. In May of 2016, an RFP was released to construct a facility near the Dog Park in Huntington Central Park (Attachment 1). The 2.5-acre Dog Park is located on the southwest area of the park near Inlet Drive and Edwards Street. The proposed location for the self-serve dog washing facility is an area between the Dog Park entrance and adjacent parking lot (Attachment 2). Based upon their proposal, Spas for Paws, LLC, was selected as a responsible bidder (Attachment 3). Per the RFP, the intent is to provide a dog washing facility targeted to visitors of the Dog Park. The intent is not to provide a commercial operation that would draw people to the area for the sole purpose of washing their pets. No business or monument sign shall be displayed in or around the park to promote a commercial operation, beyond appropriate signage on the building. Spas for Paws, LLC, is proposing to build an approximate one hundred square foot (100 SF) facility at a height of eleven feet one inch (11'1"). The facility will function much like a coin operated self- HB -195- Item 14. - l Dept. ID CS 17-023 Page 2 of 2 Meeting Date: 12/18/2017 serve carwash. Users of the facility can select from a menu of cleaning supplies and options. All chemicals dispensed from the vending unit will be environmentally safe and bio-degradable. Spas for Paws, LLC, is proposing to install a cashless vending machine to deter theft and vandalism. They will be responsible to take the project through the required entitlement process, prepare all construction documents, and obtain all required permits. Items such as site security, compliance with ADA, and other codes will be addressed as part of the entitlement and plan approval process. Staff worked with the City Attorney's Office to prepare a license and operation agreement defining the terms and conditions for construction and operation of the facility. The term of the agreement is for five (5) years from the date of commencement. Spas for Paws, LLC, will be responsible for all costs for all phases of the project including the entitlement process, construction, operation, and maintenance. The City will receive fifteen percent (15%) of gross revenues generated at the facility. Once in operation, Spas for Paws, LLC, will be responsible for maintenance including addressing graffiti and other damages. Spas for Paws, LLC, will also be required to paint, stain or seal the facility every three (3) years. The agreement can be terminated by either party upon one hundred twenty (120) days written notice. Environmental Status: The project will be subject to the appropriate environmental process as determined by the entitlement process. Strategic Plan Goal: Improve quality of life Attachment(s): 1) License and Operation Agreement between the City of Huntington Beach and Spas for Paws, LLC, for the Construction, Use and Operation of a self-service dog washing facility at Huntington Central Park 2) Project Location 3) Spas for Paw, LLC RFP Proposal Item 14. - 2 H B -1 96- ATTACHMENT # 1 LICENSE AND OPERATION AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND SPAS FOR PAWS, LLC, FOR THE CONSTRUCTION,USE AND OPERATION OF A SELF-SERVICE DOG WASHING FACILITY AT CENTRAL PARK This Agreement is made and entered by and between the CITY OF HUNTINGTON BEACH, a charter CITY and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("CITY") and SPAS FOR PAWS, LLC, a California limited liability company ("LICENSEE"). RECITALS The CITY owns, operates and maintains Central Park ("Park") within the CITY limits which has multiple amenities and related improvements, including a dedicated dog park; and The Park is frequented daily by dog owners and their pets; and r LICENSEE wishes to enhance the Park for dog owners and their pets by operating a self- service dog washing facility ("Facility") in the Park, near the dog park; and Operation of a self-service dog washing facility will not involve or result in the construction of a building over three thousand square feet of floor area nor a structure costing more than one hundred thousand dollars in Central Park. The CITY may enter into agreements for the use, operation and maintenance of City Parks for the benefit of those who use them; and The CITY issued a request for proposal soliciting proposals from individuals and/or businesses interested in constructing and operating a self-service dog washing facility in the Park; and LICENSEE submitted a proposal and the CITY issued a notification of intent to award accepting LICENSEE"s proposal; and CITY and LICENSEE desire to enter into a License and Operation Agreement to provide for such construction, use, operation and maintenance of Park for a self-service dog washing facility near the dog park. 16-5454/144934/DO 1 NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. PERMISSION Permission is hereby given by CITY to LICENSEE to enter upon, construct, use, operate and maintain a self-serve dog washing facility ("Facility") on the premises as described herein. 2. PREMISES CITY does hereby provide to LICENSEE, and LICENSEE hereby utilizes from CITY an area within the Park for the construction, use and operation of the Facility near the dog park (hereinafter referred to as "the Premises"), generally located within Central Park near the dog park, a facility owned and operated by CITY. A sketch of the Premises, as well as an overhead photograph, are collectively attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. 3. TERM OF AGREEMENT The term of this Agreement shall be for a period of five (5) years, commencing on the first (1st) business day LICENSEE is allowed of j =11 er 1$ , 2017, and ending on Decf"Vi,< 1% , 2022. The term of this Agreement may be extended upon mutual consent of CITY and LICENSEE evidenced in writing. CITY may withhold consent to extend this Agreement with or without cause, in which case this Agreement shall terminate. 4. TERMINATION OF AGREEMENT Either party to this Agreement may terminate the Agreement at any time upon one hundred twenty (120) days written notice at the location specified herein. In the event the Agreement is terminated by either party, LICENSEE, at its sole cost and expense, shall remove the Facility and return the Premises to the original condition it was in prior to the execution of the Agreement. 5. GENERAL USE OF FACILITY AND RELATED IMPROVEMENTS A. LICENSEE shall use, operate and maintain the Facility for a self-service dog wash facility, and shall not use or permit the Facility to be used for any other purpose without the prior written consent of CITY. 16-5454/144934/DO 2 B. LICENSEE shall pay to CITY fifteen percent (15%) of the gross income arising from dog washing operations at the Facility based upon LICENSEE's actual gross receipts received in any calendar quarter from dog washing operations at the Facility. Gross receipts are the funds actually received from self-service dog washing operations less all credit or debit card processing costs and less any tax imposed on financial transactions of that type. C. LICENSEE shall provide all equipment, materials and supplies needed to use, operate and maintain the Facility for the purpose described herein. D. LICENSEE shall not do or permit anything to be done in or about the Premises or Facility which will in any way obstruct or interfere with the rights of other Central Park visitors, or injure or annoy them, or use or allow the Premises or Facility to be used for any improper, immoral, unlawful, or objectionable purpose. LICENSEE shall not cause, maintain or permit any nuisance in, on, or about the Premises or Facility. LICENSEE shall not store any materials or supplies that are considered hazardous including but not limited to chemicals, flammable materials, toxic materials, etc. on the Premises or Facility. E. No modifications or improvements shall be made to Premises or Facility without prior written consent of CITY. CITY may require, as part of consent to modify or improve said Premises or Facility, LICENSEE to enter into a separate agreement with CITY detailing the terms and conditions of said modifications or improvements. F. LICENSEE shall not do or permit anything to be done in or about the Premises or Facility, nor bring or keep anything therein which will in any way increase the existing rate of, or affect any fire or other insurance upon any improvements or anything contained therein. 6. REPAIR AND MAINTENANCE BOND A. LICENSEE shall, at its sole cost and expense, keep the Facility and every part thereof in good condition and repair, damage from causes beyond the reasonable control of LICENSEE and ordinary wear and tear excepted. LICENSEE shall upon the expiration or sooner termination of this Agreement, surrender the Facility and Premises to the CITY and shall remove the Facility and return the Premises to the original condition it was in prior to the execution of the Agreement. In the event the Facility is not maintained in a good condition as determined at the sole discretion of the CITY, CITY or a contractor hired by CITY, may enter and perform maintenance or repair. LICENSEE shall maintain a cash deposit or bond (in a form acceptable to the CITY Attorney) surety in the amount of$1,000.00 to assure performance of required maintenance. In the event LICENSEE fails to maintain said Facility, as provided herein, CITY may utilize said surety to pay the cost. Any surety funds used by the CITY shall be renewed by the LICENSEE within fourteen (14) days of withdrawal by CITY. 16-5454/144934/DO 3 B. LICENSEE shall not be responsible for maintenance and repairs which are caused in whole or in part by the act, neglect, fault or omission of any duty by the CITY or its agents, employees or invitees, in which case CITY shall pay cost of such maintenance and repairs. 7. MAINTENANCE RESPONSIBILITIES A. LICENSEE agrees to operate and maintain the Facility in good order and repair, at LICENSEE's sole cost and expense, during the entire term of this agreement or any renewals or extensions thereof or during any holdover period. LICENSEE shall also consult with Community Services Director or his/her designee prior to conducting any maintenance or repair beyond routine maintenance. CITY's maintenance responsibilities shall be limited to maintaining those areas of the park not depicted in Exhibit "A". B. LICENSEE shall paint, stain, or seal the Facility's exterior surfaces a minimum of every three (3) years, unless CITY determines in its sole discretion that such work shall be done on a more frequent basis. All exterior metal surfaces, if any, except the roof, shall be painted with rust resistant paint no less than once every other year. Any and all graffiti on the Facility shall be removed by LICENSEE, at its sole cost and expense, within forty-eight (48) hours of LICENSEE receiving notice thereof or of LICENSEE becoming aware of such graffiti. In addition, with or without notice from CITY, LICENSEE shall, at its sole cost and expense, repair and/or replace any broken glass within forty-eight (48) hours of its becoming broken, regardless of cause, except by fault of CITY. Except as provided above for graffiti and broken glass, LICENSEE, at its sole cost and expense and with or without notice from CITY, shall repair and/or replace all damage or destruction to the Facility caused by act(s) of vandalism as soon as possible but in no event later than fourteen (14) days after the date such damage or destruction occurred. LICENSEE, at its sole cost and expense, shall repair and/or replace all other damage or destruction to the Facility, regardless of cause, except by fault of CITY. LICENSEE shall comply with all written notices served by CITY with regard to the care and maintenance of the Facility. Any written notice hereunder shall specify the work to be done and the period of time deemed to be reasonably necessary for completion of such work. Should LICENSEE fail to commence making the necessary repairs within seven (7) days after receiving such notice, or within twenty-four (24) hours of the glass becoming broken in the case of broken glass, or fail to diligently proceed to complete the necessary repairs within the period of time reasonably specified in the CITY's notice, or within forty-eight (48) hours of the glass becoming broken in the case of broken glass, or within the forty-eight (48) hour time period for removing graffiti, or within fourteen (1 4) days of the date that the vandalism damage or destruction occurred, CITY shall proceed to cause the required work to be performed, and LICENSEE shall promptly reimburse CITY for the cost of labor and materials thereof and pay CITY a penalty on such costs at the penalty rate set forth in Section 6 above from the date the costs were incurred by CITY. 16-5454/144934/DO 4 8. COMPLIANCE WITH CITY CODES RELATING TO SIGNS LICENSEE shall not display any signs on the Facility without the express written consent of CITY. 9. COMPLIANCE WITH LAW AND OTHER CITY AGREEMENTS A. LICENSEE shall not use the Facility, or permit anything to be done in or about the Facility, which will in any way conflict with any law, statute, ordinance, or governmental rule or regulation now in force, or which may hereafter be enacted or promulgated. LICENSEE shall at its sole cost and expense, promptly comply with all laws, statutes, ordinances, and governmental rules, regulations, or requirements now in force or relating to, or affecting the condition, use, operation or occupancy of the Facility, excluding structural changes not related to or affected by LICENSEE's improvements or acts. B. In addition, LICENSEE shall comply with all existing CITY agreements with third parties that relate or affect the terms of this Agreement. In the event of a conflict between the terms and conditions of this Agreement and the terms and conditions of prior agreements entered into by the CITY with third parties, the terms of this Agreement are subordinate. CITY will endeavor to make LICENSEE aware of all agreements that the CITY has with third parties that may affect the terms and conditions of this Agreement. 10. ASSIGNMENT AND SUBLETTING LICENSEE shall not, either voluntarily or by operation of law, assign, transfer, mortgage, pledge, or encumber this Agreement or any interest therein, and shall not sublet said Facility or any part thereof, or any right or privilege thereto, or allow any other person (the employees, agents, servants, and invitees of LICENSEE excepted) to occupy, use or operate said Facility, or any portion thereof, without the prior written consent of the CITY. CITY may withhold consent at its sole discretion. 11. SUBROGATION As long as their respective insurers so permit, CITY and LICENSEE hereby mutually waive their respective rights of recovery against each other for any loss insured by fire, extended coverage and other property insurance policies existing for the benefit of the respective parties. Each party shall obtain any special endorsements, if required by their insurer to evidence compliance with the aforementioned waiver. 16-5454/144934/DO 5 12. RULES AND REGULATIONS CITY at its sole discretion may adopt reasonable rules and regulations governing Central Park use. LICENSEE shall faithfully observe and comply with the rules and regulations that CITY may from time to time promulgate. CITY reserves the right from time to time to make all reasonable modifications to said rules. The additions and modifications to those rules shall be binding upon the LICENSEE upon delivery of a copy of them to LICENSEE. 13. ENTRY BY CITY CITY reserves and shall at any and all times have the right to enter the Facility, without notice to LICENSEE, for the purposes of inspection, and any other service to be provided by CITY to LICENSEE hereunder, and to alter, improve, or repair the Facility, providing that the business of the LICENSEE shall not be interfered with unreasonably. 14. RECONSTRUCTION A. In the event that the Premises, including the Facility, are damaged by fire or other perils covered by extended coverage insurance, LICENSEE agrees to forthwith repair the same; and this Agreement shall remain in full force and effect. B. In the event that the Facility or a part are damaged as a result of any cause other than the perils covered by fire and extended coverage insurance, then LICENSEE shall repair the same, provided the extent of the destruction be less than ten percent (10%) of the then full replacement cost of the Facility. In the event the destruction of the Facility is greater than ten percent (10%) of the full replacement cost, then CITY shall have the option: (1) to require LICENSEE repair or restore such damage, this Agreement continuing in full force and effect, or (2) give notice to LICENSEE within sixty days (60) of the damage, at which time this Agreement shall expire and all interests of the LICENSEE in the Facility shall terminate on the date so specified in such notice, except for any work by LICENSEE to remove the Facility and restore the Premises to the original condition it was in prior to the execution of the Agreement.. C. The LICENSEE shall not be entitled to any compensation or damages from CITY for loss of the use of the whole or any part of the Premises or the Facility, LICENSEE's personal property, or any inconvenience or annoyance occasioned by such damage, repair, reconstruction, or restoration. 16-5454/144934/DO 6 15. INDEMNIFICATION, DEFENSE AND 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 and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with LICENSEE's (or LICENSEE's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement, use of the Premises or Facility, or its failure to comply with any of its obligations contained in this Agreement by LICENSEE, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CITY shall be reimbursed by LICENSEE for all costs and attorney's fees incurred by CITY in enforcing this obligation. LICENSEE will conduct all defense at its sole cost and expense and the 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 limitation upon the amount of indemnification to be provided by the LICENSEE. 16. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE LICENSEE acknowledges awareness of Section 3700 et seq. of the California Labor Code, which requires every employer to be insured against liability for workers' compensation. LICENSEE covenants that it shall comply with such provisions prior to the commencement of this Agreement. LICENSEE shall obtain and furnish to CITY workers' compensation and employers' liability insurance for all of its employees in amounts not less than the State statutory limits. LICENSEE shall require all subcontractors and contractors to provide such workers' compensation and employers' liability insurance for all of the subcontractors' and contractors' employees. LICENSEE shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employers' liability insurance and LICENSEE shall similarly require all subcontractors and contractors to waive subrogation. 17. GENERAL PUBLIC LIABILITY INSURANCE A. In addition to the workers' compensation and employers' 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 against any and all claims arising out of or in connection with the Premises. This policy shall indemnify LICENSEE, its officers, employees and agents, while acting within the scope of their duties, against any and all claims arising out of or in connection with the Premises, and shall provide coverage in not less than the following amount: combined single limit bodily 16-5454/144934/DO 7 injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000.00) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000.00) for the Premises. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other, insurance coverage which may be applicable to the Agreement shall be deemed excess coverage and that LICENSEE's insurance shall be primary. B. Under no circumstances shall said above-mentioned insurance contain a self-insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 18. PROPERTY INSURANCE A. LICENSEE shall provide before commencement of this Agreement and shall obtain and furnish to CITY, at LICENSEE's sole cost and expense, property and fire insurance with extended coverage endorsements thereon, by a company acceptable to CITY authorized to conduct insurance business in California, in an amount insuring for the full insurable value of the Premises, all Improvements, Trade Fixtures, personal property whether or not owned or leased by LICENSEE, and all trade inventory in or on the Premises against damage or destruction by fire, theft or the elements. This policy shall contain a full replacement cost endorsement naming LICENSEE as the insured and shall not contain a coinsurance penalty provision. The policy shall also contain an endorsement naming CITY, its officers, elected or appointed officials, employees, agents and volunteers as Additional Insureds. The policy shall contain a special endorsement that such proceeds shall be used to repair, rebuild or replace any such improvements, trade fixtures, personal property whether or not owned or leased by LICENSEE, and all trade inventory so damaged or destroyed; and if not so used, such proceeds (excluding any insurance proceeds for trade fixtures, personal property whether or not owned or leased by LICENSEE, and trade inventory, but only to the extent the insurance proceeds specifically cover those items) shall be paid to CITY. The policy shall also contain a special endorsement that if the Premises are so destroyed triggering the parties' ability to terminate as set forth in this Agreement, and either party elects to terminate the Agreement, the entire amount of any insurance proceeds (excluding such proceeds for trade fixtures, personal property whether or not owned or leased by LICENSEE and trade inventory, but only to the extent the insurance proceeds specifically cover those items) shall be paid to CITY. The proceeds of any such insurance payable to CITY may be used, in the sole discretion of CITY, for rebuilding or repair as necessary to restore the Premises or for any such other purpose(s) as CITY sees fit. 16-5454/144934/DO 8 B. This policy shall also contain the following endorsements: 1. CITY shall not be responsible for premiums or assessments on the policy. A complete and signed certificate of insurance with all endorsements required by this Section shall be filed with CITY prior to the execution of this Agreement. At least thirty (30) days prior to the expiration or termination of any such policy, a signed and complete certificate of insurance showing that coverage has been renewed shall be filed with CITY. 19. INCREASE IN GENERAL PUBLIC LIABILITY AND PROPERTY INSURANCE Not more frequently than once every two (2) years, if, in the sole opinion of CITY, the amount and/or scope of general public liability insurance in Section 16 above and/or property insurance coverage in Section 17 above at that time is not adequate, LICENSEE shall increase the insurance coverage as reasonably required by CITY. 20. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS A. Prior to commencement of this Agreement, LICENSEE 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: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force. B. LICENSEE 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 requirement for carrying the foregoing insurance coverage shall not derogate from LICENSEE'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. LICENSEE shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 21. INSURANCE HAZARDS LICENSEE shall not commit or permit the commission of any acts on the Premises nor use or permit the use of the Premises in any manner that will increase the existing rates for, or cause the cancellation of any liability, property, or other insurance policy for the Premises or required by this Agreement. LICENSEE shall, at its sole cost and expense, comply with all 16-5454/144934/DO 9 requirements of any insurance carrier providing any insurance policy for the Premises or required by this Agreement necessary for the continued maintenance of these policies at reasonable rates. 22. NO TITLE INTEREST No title or property interest of any kind is hereby given, sold, leased, exchanged or otherwise transferred to LICENSEE and LICENSEE shall never assert any claim or title to the Premises. 23. DEFAULT, REMEDIES A. Default The occurrence of any one or more of the following events shall constitute a default under this Agreement by LICENSEE: 1. Non-curable defaults: a) The vacating or abandonment of the Premises or Facility by LICENSEE. b) Any attempted or involuntary transfer of LICENSEE's interest in this Agreement without CITY's prior consent. c) If LICENSEE makes, or has made, or furnishes any warranty, representation or statement to CITY in connection with the Agreement which is or was false or misleading in any material respect when made or furnished. 2. Curable defaults: a.) The failure by LICENSEE to make any payment of rent or any other payment required to be made by LICENSEE hereunder, as and when due, where such failure shall continue for a period of three (3) days after written notice thereof by CITY to LICENSEE, this Agreement shall be terminable at CITY's option. b) The failure by LICENSEE to observe or perform any of the covenants, conditions, or provisions of this Agreement to be 16-5454/144934/DO 10 observed or performed by the LICENSEE, where such failure shall continue for a period of thirty (30) days after written notice thereof by CITY to LICENSEE; provided; however, that if the nature of LICENSEE's default is such that more than thirty (30) days was reasonably required for its cure, then LICENSEE shall not be deemed to be in default if LICENSEE commences such cure within said thirty (30) day period, and thereafter diligently prosecutes such cure to completion. B. Remedies In the event of any non-curable default or breach by LICENSEE, CITY shall have the right to terminate this Agreement and LICENSEE's right to possession of the Facility and/or Premises, and LICENSEE shall immediately surrender possession of the Premises and/or Facility to CITY. If CITY terminates this Agreement and LICENSEE's right to possession for the Premises and/or Facility, CITY may recover the following from LICENSEE: 1. The worth at the time of award of the unpaid rent which was due, owing and unpaid by LICENSEE to CITY at the time of termination; 2. The worth at the time of the award of the amount by which the unpaid rent for the balance of the Agreement term after the time of award exceeds the amount of rental loss which LICENSEE proves could be reasonably avoided; 3. Pursuing any other remedies now or hereafter available to CITY under the laws or any judicial decision of the state in which the Premises are located. 24. LATE CHARGE AND PENALTY If the compensation required by this Agreement is not received by the City Treasurer within twenty (20) calendar days after the end of the quarter for which the compensation is being paid, or the next business day if the twentieth day falls on a weekend or holiday, LICENSEE shall pay the following late charge and penalty: (1) a late charge of ten percent (10%) shall be applied to any outstanding balance after any payment hereunder is due but unpaid; and (2) one and a half percent (1 '/2 %) penalty per quarter shall be added for each month the compensation is due but unpaid. With respect to any other payments required by LICENSEE, a one and a half percent (1 '/2%) penalty per month shall be added for each month such payment hereunder is due but unpaid. 16-5454/144934/DO 11 25. NOTICE All such notices and demands which may or are to be required or permitted to be given by either party to the other hereunder shall be in writing. All notices and demands sent by either party shall be sent by United States Postal Service, postage prepaid, addressed as follows: Director of Community Services SPAS for PAWS, LLC CITY of Huntington Beach 202 E. Airport Drive, Ste #120 2000 Main Street San Bernardino, CA 92408 Huntington Beach, CA 92648-2702 26. GENERAL PROVISIONS A. Attorney Fees. In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees and costs of suit. B. Waiver. The waiver by CITY of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant, or condition on any subsequent breach of the same or any other term, covenant, or condition herein contained. The subsequent acceptance of rent hereunder by CITY shall not be deemed to be a waiver of any preceding breach by LICENSEE of any term, covenant, or condition of this agreement, other than the failure of the LICENSEE to pay the particular rental so accepted, regardless of CITY's knowledge of such preceding breach at the time of the acceptance of such rent. C. Time. Time is of the essence of this Agreement, and each and all of its provisions in which performance is a factor. D. Successors and Assigns. The covenants and conditions herein contained, subject to the provisions as to assignment, apply to and bind the heirs, successors, executors, administrators, and assigns of the parties hereto. E. Quiet Possession. Upon LICENSEE paying the compensation set forth herein, and observing and performing all of the covenants, conditions, and provisions on LICENSEE part to be observed and performed hereunder, LICENSEE shall have quiet possession of the Premises for the entire term hereof, subject to all the provisions of this Agreement. 16-5454/144934/DO 12 F. Prior Agreements. This Agreement contains all of the Agreements of the parties hereto with respect to any matter covered or mentioned in this Agreement, and no prior Agreements or understanding pertaining to any such matters shall be effective for any purpose; no provision of this Agreement may be amended or added to except by an Agreement in writing signed by the parties hereto or their respective successors-in-interest. This Agreement shall not be effective or binding on any party until fully executed by both parties hereto. G. Inability to Perform. This Agreement and the obligations of the LICENSEE hereunder shall not be affected or impaired because the CITY is unable to fulfill any of its obligations hereunder, or is delayed on doing so, if such inability or delay is caused by reason of strike, labor troubles, acts of God, or any other cause beyond the reasonable control of the CITY. H. Severability. Any provision of this Agreement which shall prove to be invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision hereof, and such other provision shall remain in full force and effect. I. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. J. Choice of Law. This Agreement shall be governed by the laws of the State of California, with venue in the courts of Orange County. 16-5454/144934/DO 13 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their authorized officers on � �� � I , 2017. /qp/oko VQ) 13c- C(T� raVA101 L dam( 1)eZ04EV_j 1'3,/a.v)'7 SPAS FOR PAWS, LLC, CITY OF HUNTINGTON BEACH, a California limited liability company, a municipal corporation of the State of California By/ 11���� /�'� Mayor (print or type name) Its: (crrc-Ie-en0Ehairmarr41resident/ Free-Pfeesi&e ATTEST: AND 4q� � City Clerk B (print or type name) Its: (circle one) / APPROVED AS TO F M: By: City Attorney Q\t - REVIEWED AND APPROVED: INIT ATED AND APPROVED: 41tynapage'r Di 'tor o Community Services 16-5454/144934/DO 14 16-5454/14493 4/DO 15 ice' �:,•. •K � .. x N -IS spjemP3 ' f ' SO ity INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST 1. Requested by: Community Services Dept. - David Dominguez i 2. Date: 7/19/17 3. Name of contra cto r/perm ittee: Spas for Paws, LLC i i 4. Description of work to be performed: Self-service dog wash at Dog Park/Central Park i 5. Value and length of contract: 15% of gross income - 5 Year contract 6. Waiver/modification request: Waive admitted carrier as no carrier will write policy, and 7. Reason for request and why it should be granted: unable to comply with requirements 8. Identify the.risks to the City in approving this waiver/modification: N/A 7/19/17 partment Head Signature Date: i i APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval frorp the City Administrator's Office is only required if j Risk Management d t e City Attorney' Office disagree. 1. is Management Approved ❑ Denied S'nature Date 2. City Attorney's Office P�)Approved ❑ Denied Signature Date 3. City Manager's Office ❑ Approved ❑ Denied Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Human Resources i i i i Insurance Walver1-Waive Admitted Carrier.dom 8/23/2017 8:20:00 AM 3 > Primary Insurance—General Liability Insurance coverage shall be primary insurance as respects the City, its agents, officers,and employees. Any insurance or self-insurance maintained by the City, its agents,officers,and employees shall be excess of the submitted insurance and shall not contribute with it. ➢ Description of work—The staff contact and purpose of the evidence of coverage must be identified on the certificate of insurance. > Automotive Insurance.—Automobile insurance requirement is for$1,000,000 and-a separate"Additional Insured Endorsement"page listing both the policy number and naming the"City of Huntington Beach,its officers, elected or appointed officials, employees, agents and volunteers"as additional insured on the endorsement. The City of Huntington Beach has a zero'deduciible/Sift requirement Worker's Compensation Insurance(WIC)—The Worker's Compensation insurance requirement is the State statutory limits of$250,000 bodily injury by disease, policy limit,and$100,000 bodily injury each employee for accident or disease per occurrence. Certificate holder listed on the certificate is: City of Huntington Beach,2000 Main Street, Huntington Beach,CA 92648-2702. if your organization/company has no compensated employees working on the project,you may complete and return a "Non-Employer Status"fbrm to be used in lieu of a W/C insurance certificate. > Cancellation Clause Notice—The cancellation clause must contain a thirty-(30)day notice. A ten (10)day notice for non-payment of premium is acceptable in combination with 30-day notice. ➢ Professional Liability—Coverage must be provided at a minimum of$1,000,000 per occurrence and in the aggregate. ➢ Deductibles—The following deductibles are acceptable and all others must be removed from the insurance policy or a waiver can be requested (see below) o General Liability-$5,000 o Auto Liability-$1,000 a Professional Liability/Errors& Emissions-$10,000 > Waiver Procedure-if unable to comply with a.requirement,the"INSURED"may request a waiver of a,specific requirement. The Insurance.Waiver form is an internal form that the City of Huntington Beach will complete. The i exception to the waiver is,the GIL &Auto"Additional Insured Endorsement"page. Waiver Procedure To request a waiver, indicate here® and provide a brief description(1 -2 sentences)of the proposed workiproject, its dollar value(If not a speciic dollar amount,use an average,annual estimate or non-profit)and projected timeframe (per job or as-needed basis): For substantial dollar deductibie/SIR amounts, a financial statement is required (Balance Sheet, Budget Reports, Dun &Bradstreet Report, etc.), (1.)Waive requirement of admitted carrier as no Admitted earlier will write policy.,12.)Waive Requested Completed Waiver Requested:1;. �..,..,... _. Operations requirement as licensee owner builder_ ` Encroachment Permit[J Private Properfy Wark Permit❑ Consultant Services❑ �t"t°"t`�i`H scgw�d. Edward Adas , 07/tR/2c17- ❑ other: [ Proposed Work: Dollar Value; Projected Timeframe: it ,,.✓""'� �I DATE(MNDDNYYY) AC RD1 CERTIFICATE OF LIABILITY INSURANCE 7/19/2017 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 hoider is an ADDITIONAL INSURED,the poiicy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights,to the certificate holder in lieu of such endorsement(s). CONTACY PRODUCER NAME: SCOTT CLAUS INSURANCE PHONE (909}983-4211 rVC,No:(909)883-3382 A/C.No E%t 2124 N Waterman Ave ='"AIL ADDRESS:carina.sciaus@farmersagency.com isciau5 €armersa en com San Bernardino,CA 92404 INWRER(SI AFFORDING COVERAGE 4 NAtas 0689949 INSURER A.THE BtJRLINGTON INSURANCE COMPANY INSURED SFAS FOR LAWS LLC INSURER B 202 E AIRPORT DR STE 120 INSURER C - SAN BERNARDINO,CA 92408 INSURER D 909-374-2647 INSURER E_ INSURER F: COVERAGES CERTIFICATE NUMBER: 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 I 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, ADDL SUER' LtC EFF P U Y i LIMITS L7RR TYPE OF INSURANCE mso wvo POLICY NUMBER MM1DOMfYY} MMIDOM'YY)I X COMMERCIAL GENERAL LIABILITY I J EACH OCCURRENCE' $ 1,000,000 t l CiA1MS-MADE C;OCCUR I PREMISES(Ea occurrence) $ 100,000 I t MED EXP(Any one person) 5 5,000 i 351BO10006 07/14/201707/14/2018 ADV INJURY $ 1,000 000 A I I X i [ PERSONAL 8 I GEN'L AGGREGATE LIMIT APPLIES PER: I GENERAL ,AGGREGATE ,$ 2,000,000 2,000,000 j POLICY Cl jE 0- LOC 'PRODUCTS-COMPIOP AGG $ OTHER: COMBI IN UMI $ AUTOMOBILE LIABILITY Ea accident ANYAUTO f f BODILY INJURY jPer person) $ OWNED SCHEDULED BODILY INJURY(Per accident} $ AUTOS ONLY �fL—��r11 AUTOS pROPCRTY�5AMAGE HIRED NON-OWNED .(Per accident) '$ AUTOS ONLY AUTOS ONLY i I i1M8RELIA LIAR OCCUR 1k EACH OCCURRENC7r �$ EXCESS LIAR CLAIMS-MADE I t AGGREGATE $ _ -E❑ RETENTION$ PERI T _ WORKERS COMPENSATION STATUTE !ER IAND EMPLOYERS'LIABILITY YrN j I 1 {ANY PROPRIETORIPARTNERJEfECVT1VE D NIA i =.L.EACH ACCIDENT Is OFFICER/MEMBER EXCLUDED? 1 i 27 I(Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ (ryes,describe under EL DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached d more space is required) CERTIFICATE HOLDERS ALSO NAMED AS ADDITIONAL IN5URW APPROVED j CITY OF HUNGTON BEACH ITS ELECTED OR APPOINTED OFFICIALS,AGENTS,OFFICERS,EMPLOYEES,ANDM NTI 1VOLUNTEER& B . ' CHAEL E.GAT PLEASE SEE ATTACHED POLICY. CITY ATTORNEY OF HUNTINGTON BEACH CERTIFICATE HOLDER CANCELLATION CITY OF HUNTINGTON BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES'SE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 MAIN STREET ACCORDANCE WITH THE POLICY PROVISIONS. allN'TINGTON BEACH,CA 92648-2702 ( AL1TH ZED REPRESENTATIVE a 1908-2015 CO D CORPORATI fights reserved. ACORD25(2016103) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 3518d1 ddd6 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location(s)Of Covered Operations Or Organization(s) City of Huntington Beach, its offers, elected or appointed officials, employees, agent and volunteers 2000 Main St. Huntington Beach CA 92648 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 additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for"bodily injury"%'property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after. caused,in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions;or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs)to be performed by or on behalf of the additional insured(s) at the In the performance of your ongoing operations for the location of the covered operations has been additional insureds) at the locations) completed;or designated above. 2. That portion of"your work"out of which the However. injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law;and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. 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 10 04 13 ©Insurance Services Office,Inc.,2012 Page 1 of 2 C.With respect to the insurance afforded to these 2. Available under shown 'nthe theapDe able Limits of additional insureds, the following is added to Section tit=Limits of Insurance: whichever is less_ If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: 1. Required by the contract or agreement;or Page 2 of 2 ©Insurance Services Office, Inc.,2012 CG 20 10 04 13 Resolution No. 2008 63 CITY OF �-�U�TINTON �EAC�-� S 1ty 2000 Main Street, Huntington Beach, CA 92648-2702 H DECLARATION OF PERMITTEE I certify that no vehicle(s) will be used or operated in the performance of the task(s) or event(s) for which this permit is granted. in that the company does not own vehicles and that it will not have employees performing construction onsite. i authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit issued in connection with or in the performance of said task(s) or events(s) if any vehicle(s) is used. c Signature of Permittee: �• Ccr �.L Print Name: L_.l ' � � E Company Name (if applicable): fie •� < >� ( L�_ Date Signed: 16407 EXHIBIT 1 ATTACHMENT #5 Resolution No. 2008-63 S 1t 110, CITY OF HUNTINGTON BEACH 2000 Main Street, Huntington Beach, CA 92648-2702 HuntiaR, each Declaration of Non-Employer Status The State of California requires every enterprise or business to provide workers compensation insurance coverage. If you have no employees, you may make a declaration to that effect by completing and signing this form and returning to: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648-2702 I certify that in the performance of the activity or work for which this permit is issued, I shall not employ any person in any manner so as to become subject to California Workers' Compensation Insurance requirements. I authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit issued under this declaration if I hire any employee(s) or become subject to the provision of the laws requiring Workers' Compensation Insurance. Company / Organization: f)5 kc -- Address: Applicant [please print]: Title, if any: �,' (� 1 � C�- r�`J" �, r 1 Applicant's Signature: 1r ...- Date Signed: Att`�`�S�i '1 1 Teiephone Number: ATTACHMENT #7 IFO Companies POLICY NUMBER: 351 B01 0006 POLICY PERIOD* 07/14/2017 .— 07/1412018— Effective Date Expiration Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LISTING OF FORMS AND ENDORSEMENTS This listing forms a part of the following: COMMERCIAL GENERAL LIABILITY NUMBER TITLE INTERLINE FORMS IFG-1-0101 04114 Common Policy Declarations IFG-1-01 50 03/03 Listing of Forms and Endorsements IFG-1-0408 01/17 California Service of Suit Amendment D-2 10115 California Surplus Lines Notice IFG-1-0002 01/16 Policy Cover Page GENERAL LIABILITY FORMS IFG-G-0002-DL 05/03 Commercial General Liability Declarations BG-G-243 09/99 Amendatory Endorsement-Other Insurance Provision CG 03 00 01i96 Deductible Liability Insurance CG 20 10 04/13 Additional Insured-Owners, Lessees or Contractors-Schedu CG 21 54 01/96 Exclusion-Designated Operations Covered By A Consolidated CG 24 04 05109 Waiver.Of Transfer Of Rights Of Recovery Against Others To U SG-G-047 01108 Exclusion-Certain Operations In Connection With Subway, Se BG-G-1 19 11J13 Definition-Employee BG-G-345 05/15 Exclusion-Condominium, Cooperative, Townhouse, Row House o BG-G-439 07/09 Amendment-Mobile Equipment Exclusion CG 20 33 04113 Additional Insured-Owners, Lessees Or Contractors -Automa CG 21 86 12f04 Exclusion-Exterior Insulation And Finish Systems IFG-G-01 06 09/09 Exclusion-Contaminated Drywall IFG-G-0159 07/12 Exclusion-Snow Or Ice Removal Operations IFG-G-0196 06115 Premium Audit Condition-Construction And Service Trades- IFG-G-0198 06/16 Exclusion-Designated Construction Or Service Operations IFG-G-0199 05115 Exclusion-Your Prior Product Or Your Prior Work Completed IFG-G-0206 06/15 Conditional Exclusion -Welding Or Cutting Operations (Prope IFG'G-0208 05/15 Exclusion- Injury To Independent Contractors/Subcontractors IFG-1-0150 0303 issue Date: 07/19/2017 Page 1 of 2 POLICY NUMBER: 351 BO10006 Forms List(Continued) NUMBER TITLE IFG-G-0216 07115 Exclusion-Designated Construction Or Service Operations IFG-G-0190 07115 Amendment-Aircraft, Auto Or Watercraft Exclusion IFG-G-0192 07115 Personal And Advertising Iniury Amended IFG-G-0194 10115 Exclusion-Confidential, Personal Oi--Any Other Information IFG-G-0197 06115 Amendment-Employer's Liability Exclusion BG-G-004 11113 Exclusion-Lead-Bearing Substance BG-G-005 11113 Exclusion-Punitive Damages BG-G-007 11113 Exclusion-Asbestos, Silica or Other Toxic Substances BG-G-039a 11113 Amendment Of Premium Conditions BG-G-446-ST 06109 Amendment-Section I Insuring Agreement BG-1-015 11114 25%Minimum Earned Premium IL 00 17 11198 Common Policy Conditions IL 00 21 09108 Nuclear Energy Liability Exclusion Endorsement CG 00 01 12107 Commercial General Liability Coverage Form CG 00 68 05109 Recording And Distribution Of Material Or Information In Vlo CG 2147 12107 Empioyment-Related Practices Exclusion CG 2149 09199 Total Pollution Exclusion Endorsement CG 2167 12104 Fungi or Bacteria Exclusion CG 2175 01/15 Exclusion Of Certified Acts Of Terrorism And Exclusion Of Ot CG 24 26 04113 Amendment Of Insured Contract Definition Additional Forms NUMBER TITLE IFG-1-0150 0303 Issue Date: 07119l2017 Page 2 of 2 POLICY NUMBER: 351B01000 E COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization with whom you have agreed, in a written contract, that such person or organization should be added as an additional insured on your policy, provided such written contract is _idly executad prior to an occurrence in which coverage is souat:t under this policy ;Form: Cc- 24 04) (ClassCode: 42025) Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section 1V-Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or ,.your work"done under a contract with that person or organization and included in the"products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 0Insurance Services Office, Inc.,2008 Page 1 of 1 POLICY NUMBER: 351BO10006 COMMERCIAL GENERAL LIABILITY CG 21 54 01 96 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, EXCLUSION - DESIGNATED OPERATIONS COVERED BY A CONSOLIDATED (WRAP-UP) INSURANCE PROGRAM This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description and Location of Operation(s): (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The following exclusion is added to paragraph 2., This exclusion applies whether or not the consolidated Exclusions of COVERAGE A - BODILY INJURY AND (wrap-up)insurance program: PROPERTY DAMAGE LIABILITY(SectionI-Coverages), (1) Provides coverage identical to that provided by this Coverage Part; This insurance does not apply to "bodily injury" or 2 Has limits adequate to cover all claims; or "property damage" arising out of either your ongoing ( } q operations or operations included within the 3 Remains in effect. "products-completed operations hazard at the location { } described in the Schedule of this endorsement, as a consolidated (wrap-up) insurance program has been provided by the prime contractor/project manager or owner of the construction project in which you are involved. CG 21 54 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 1 of 1 0 ATTACHMENT #2 a s t� it . a y,. k - t< E Item l 4. - 3 0 xB -224- ATTACHMENT #3 SPAS FOR PkH* March 23, 2016 Jim Slobojan Finance Manager-Fiscal Services City of'Huntington Beach 2000 Main Street Huntington Beach, CA 92648-2702 Self-Serve Dog gashing Facility -Invitation # 2016-0301 (Dog 4'ashing Facility at Dog Fark) Dear Mr. Slobcjan: You are hereby being provided with four (4) paper copies and one (1) copy on a flash drive of the following: (a) cover letter, (b) Request for Proposal Vendor Application Form, and (c) Project Proposal (Dog Wash for the Central Park Dog Park—Huntington Beach, California. We, the undersigned, constitute all of the members of Spas for Paws, LLC and we are authorized to make this proposal on its behalf. Spas for Paws proposes such a facility on the following terms: I. The construction of either: one (I) approximately 10' by 10' secure modular, kiosk-type building or containing one(1) the tub, and related utility installations and flat work, or one (1) approximately 10' by 20' secure modular, kiosk-type building or containing two (2) the tubs, and related utility installations and flat work. Spas for Paws will work with city staff as to which option will be constructed. 2. Each facility will be completely self-serve, with no attendant needed. 3. A revenue-sharing arrangement with the City whereby Spas for Paws will pay the City fifteen (15) percent of the gross revenue for dog washes, to be paid quarterly. SPAS FOR PAWS, LLC, 685 E. Carnegie Drive, Suite 140, San Bernardino, California 92408 (909) 374-2647 1B -225- Item 14. - 31 Jim Slobojan Finance Manager --- Fiscal Services City of Huntirlgt0r) each e March 23, 2016 a Page 2 of 2 4. The term for each facility will be for five (5) years, with successive options to extend for three (3) additional five-year terms, 5. Spas for Paws—not the City—will be responsible for all maintenance and repairs to its facility. 6. Spas for Paws will be responsible for and pay for all site preparation costs, utility I - installations, and utility service fees and costs 7. Spas for Paws 1-Las adopted green building standards which focuses on Low Impact Development (LID), Green Infrastructure (GI), sustainability and efficient use of resources, especially water, S. Upon expiration or termination of the agreement, Spas for Paws will be responsible for removal of the facility and restoration of the site. 9. Spas for Paws will supply liability insurance in accordance with City requirements and agrees to comply with all laws such as city codes, workers compensation, and ADA requirements. 10. Spas for Paws would be issued a building permit for the facility. 11. Spas for Paws to prepare a formal concession agreement and submit it to the City. Thank you. Very truly yours, SPAS FOR PAWS, LLC SPAS FOR PAWS, LLC By: William J. Ward By: Edward C. Adams Member Member Item 14. - 32 HB -226- REQUEST FOR PROPOSAL VENDOR APPLICATION FORM TYPE OF APPLICANT: F-� NEW ❑ CURRENT VENDOR I;I Spas For Paves LLC ,I Legal Contractual Name of Corporation: S p i i Contact Person for Agreement: William J. Ward Corporate Mailing Address: 685 E. Carnegie Drive, Suite 140 City, State and Zip Code: San Bernardino, California E-Mail Address: dogparkfriend@gmaii.com Phone: 909.226-6787 Fax: 909.381 .8356 Contact Person for Proposals: Edward C. Adams Title: Member E-Mail Address: carson7252@aol.com Business Telephone: 909.374.2647 Business Fax.. 909.381 .8356 Is your business: (check one) ❑ NONPROFIT CORPORATION FOR PROFIT CORPORATION Is your business: (check one) ❑ CORPORATION ❑ LIMITED LIABILITY PARTNERSHIP ❑ INDIVIDUAL ❑ SOLE PROPRIETORSHIP ❑ PARTNERSHIP UNINCORPORATED ASSOCIATION Limited Liability Company a I of 2 HB -227- Item 14. - 33 Narnes& Titles of`Corporate Board Members (Also list Names & 'Titles of persons with written authorization/resolution to sign contracts) ji jl Names Title Phone Edward C. Adams Member 909.374.2647 William J. Ward Member 909.226.6787 Federal Tax Identification Number: 45-4901042 City of Huntington Beach Business License Number: Not yet (If none, you must obtain a Huntington Beach Business License upon award of-contract.) City of Huntington Beach Business License Expiration Date: 2 of 2 Item 14. - 34 HB -228- PROJECT PROPOSAL DOG WASH FOR THE CENTRAL PARK DOG PARK— UN`I'INGTON EACH, CALIFORNIA Spas for Paws, LLC 685 E. Carnegie Drive, Suite 140 San Bernardino, CA 92408 EdAdams: (909) 374-2647 Jay Turd (909) 226-6787 Project Summary Spas for Paws, LLC ("Spas for Paws") recognizes the City's desire to provide a self-serve dog washing facility for the users of the Central Park Dog Park. Spas for Paws proposes such a facility on the following terms: 1 . The construction of either: one (1) approximately 10' by 10' secure modular, kiosk-type building or containing one (1) the tub, and related utility installations and flat work, or one (1) approximately 10' by 20' secure modular, kiosk-type building or containing two (2) the tubs, and related utility installations and flat work. Spas for Paws will work with city staff as to which option will be constructed. 2. Each facility will be completely self-serve. with no attendant needed. 3. A revenue-sharing arrangement with the City whereby Spas for Paws Nvill pay the City fifteen (15) percent of the gross revenue for dog washes, to be paid quarterly. 4. The term for each facility will be for five (5) years, with successive options to extend for three (3) additional five-year terms. 5. Spas for Paws not the City—will be responsible for all maintenance and repairs to its facility. b. Spas for Paws will be responsible for and pay for all site preparation costs, utility installations, and utility service fees and costs. Page 1 of 8 HB -229- Item 14. - 35 7. Spas for Paws has adopted green building standards which focuses on Low Impact Development (LID), Green Infrastructure (GI), sustainability and efficient use of resources, especially water. 8. Upon expiration or termination of the agreement, Spas for Paws will be responsible for removal of the facility and restoration of the site. 9. Spas for Paws will supply liability insurance in accordance with City requirements and agrees to comply with all laws such as city codes, workers compensation, and ADA requirements. 10. Spas for Paws would be issued a building permit for the facility. 11. Spas for Paws to prepare a formal concession agreement and submit it to the City. Project Background Members' Background Spas for Paws' member William J. Ward is also a member of Ward & Ward, attorneys at law in San Bernardino. He has practiced law for over 33 years and his practice has emphasized real estate and construction. He co-founded Spas for Paws, LLC in 2012. Spas for Paws' member Edward C. Adams is a licensed real estate broker and member of The Carson Company and The Highlander Group, LLC. He has extensive experience in both commercial and residential real estate. Please see the "Our Team" section below for the names and qualifications of the other professionals who are affiliated with Spas for Paws. Evolution of the Self-serve Dog Washing Facility Earlier versions of the self-serve dog wash concept were either an open and unsecure vending kiosk station or a "brick and mortar" business located in a retail center with attendants on site. The latter is secure, but the price point (on average, greater than $14 per ,wash) placed the service outside of the comfort zone for many dog owners. Spas for Paws' unique kiosk design is secure, yet it retains an open feel. In addition, because the consumer is only charged for the time used, the price per wash is typically a fraction of what it would cost at the local shopping center. Page 2 of 8 Item 14. - 36 HB -23)0- Methodology Overvie)v The overall methodology employed by Spas for Paws is to utilize factory-built construction and standardized construction methods and materials rather than employing traditional site- built methods. Other than appurtenant flat work and other improvements necessary to be ADA compliant, the only construction on site is utility installation, footing and slab installation, and erection of the factory-built kiosk structure. Employing this methodology minimizes the actual time it will take to complete construction and it reduces risk of injury or other potential liability-creating situations. In addition; Spas for Paws minimizes the actual building foot print and it employs green building methods and water saving systems designed—where possible—to recharge the ground water supply by utilizing a gray-water tank and leach-line system. Outside Stakeholder Views BEFORE PROPOSAL We have conducted interviews and dog counts at the Central Park Dog Park as well as at other off-leash dog parks within a 25-mile radius of it. We have also conducted price surveys in various Southern California locations. Ole'-GOING USER FEEDBACK During the initial week or two of operation; Company representatives will be on site to assist patrons with use of the facility and to obtain their feedback. After that, a Company representative will be at the facility on the third Saturday of the month to obtain user feedback. Construction Methodology and Controls —Project Management and Implementation Strategies and Techniques Pre-Construction — Time estimate: Depends upon City corrections/turnaround — should be less than 30 days Plan check Submittal of any manufacturer's specifications Finalize SCE work plan Spas for Paws, LLC—Proposal Dog Wash Station Central Park Huntington Beach Page 3 of 8 H B _23)1_ Item 14. - 3 7 Perform any pre-construction conditions of approval Site .preparation and Utili�v Installation — Time evirnate: I Iveek Mobilize on site Secure area and install construction-related storm water retention/detention system Construct SCE power drop to temporary pole Install underground water pipe and stub out Excavate for Footings and grey-water system (charcoal-filtered grey water, gray water tank and leach lines, or sewer Tine and connection to lateral) Finish grade Pour footings and slab Kiosk Manufacturing— Offsite During the site preparation phase, manufacturing of the kiosk will be undertaken at Company's manufacturing facility in accordance with approved plans and specifications. Kiosk Delivery and Installation — Tune estimate 3 days KIOSK SETUP — Time Estimate: I day Once concrete has set, kiosk panels and related components will be shipped to the site for installation. This process is estimated to be completed in less than one day with the kiosk being secured and ready for equipment installation. EQUIPMENT INSTALLATION AND INSPECTION — Time Estimate: 2 days Install and test equipment. Building and safety inspection. All mechanical and plumbing, and most electrical, components are contained in the internal wall. There will be no internal wall covering on the machine room side allowing for ready observation from inside the machine room. Before the internal wall coverings are installed in the public area. the electrical runs and the wall/slab connections will be available for building and safety inspection. Page 4 of 8 Item 14. - 38 HB -232- Testing We expect to run tests with the public during a period of approximately 3 days to 1 week before full public operation begins. Operations Methodology and Controls — Operations Management and Implementation Strategies and Techniques Secure Access Access to the inside of the kiosk is one allowed to users who have received payment authorization after swiping a debit or credit card. Door will have a spring mechanism to ensure that it closes and locks after use. Cashless System The Spas for Paws dog wash system is cashless, meaning only credit and debit cards are accepted. This feature cuts down on vandalism risk as there is no incentive for potential vandals to attempt to pry a machine open to get to money. Third-Party Vendor Receipts Verification Our equipment vendor provides a means of allowing authorized users to access sales data directly through the internet. This feature enables the City to independently verify the unit's gross receipts. Maintenance System The dog wash station will be placed on regular cleaning and maintenance schedules. Also; a phone number will be provided on-site to allow users or city staff to alert the Company to any problems which they might notice between scheduled maintenance and cleaning. Description of How Client Satisfaction and Scope-of-Work Satisfaction will be Achieved Architectural and Other Design Features The dog wash station will feature an open design; yet be secure. Only paying customers are to have entry into it. For this reason, the access door will only unlock upon a successful debit card or credit card authorization. Spas for Paves, LLC—Proposal Dog Wash Station Central Park Huntington Beach Page 5 of 8 HB -233- Item 14. - 39 lllodular= Construction and Other Building Techniques Spas for Paws intends to use modular construction to mininlize construction time on site. In addition, we intend to utilize form core construction for the tub unit(s) for the same reason and to make any necessary removal easier than if the tub(s) are site-poured. Project Schedule Pre-Construction — Time estimate: Depends upon City corrections/turnaround — should he less than 30 days. Site Preparation and Utility Installation — Time estimate., I week Kiosk Deliver j, and Installation — Time estimate 3 days KIOSK SETUP — Tirne Estimate: I day EQUIPMENT INSTALLATION AND INSPECTION — Time Estimate: 2 days Testing— Time Estimate 3 days to I week City Staff Needs In general, all that will be needed from the City staff is standard plan and submittal review coupled with typical course-of-construction inspection as desired by the City. In addition, we would expect City Attorney review of Applicant's concession agreement and City Council approval of that agreement. Staffing — Our Team Company Ownership ® WILLIAM J. WARD — Member of Ward & Ward (SBN 106817). In active practice for over 33 years; areas include construction and real estate law. Graduate, Marshall School of Business, University of Southern California (1978). and McGeorge School of Law, University of the Pacific (1982). • EDWARD C. ADAMS — Member, The Carson Company, and manager of The Highlander Group, LLC. Real estate broker since 1979 (DRE No. 00553276). Real property sales; leasing, and investing of commercial and residential properties. Page 6 of 8 Item 1.4. - 40 HB -234- Construction Team • STEVE.N P. MURRAY - Architect, SPM & Associates, 370 W. Sixth Street; Suite 210, San Bernardino, CA 92401, (909) 884-7660. Licensed architect since 1980. Project areas include office, commercial and government parks and recreation. • MATT LE VESQUE - Bishop Construction Services, Inc., P.O. Box 108, Yucaipa, CA, 92399, (951) 830-4918, General Construction, equipment, and ADA Compliance; CLSB License No. 775118, Licenses: A (General Engineering, B (General Building), C21 (Building Moving, Demolition), C- 61/D52 (Window Coverings), C-61/D34 (Prefabricated Equipment). • DANIEL R. AICKLEN - RIN Electric Service, P O Box 491, Surfside, CA 90743, (951) 258-5791, Electric, including utility connections, CSLB License No. 562614, C-10 Electric. • JAMES T. DUFFY - O'Duffy Construction, 24034 Gunther Road, Romoland, CA 92585, (951) 928-0992, Water, grey water. grading, trenching, footings and slab. CSLB No. 647025, License: A (General Engineering Contractor). • JERRY GOOD-Xycorp, Inc., 1258 Montaulo Way, Palm Springs, CA 92262, 760.323.0333; tub fabricator. • WAYNTE BUTTER - Buiter Construction, 12533 9th Street, Yucaipa, CA 92399, (909) 797-8029; Framing and general construction, CSLB No. 790493. License: B (General Building) Banking, Accounting, and Payments Processing • PEGGY MERRY1v1AN -Pacific Premier Bank, 306 West Second Street 92401, San Bernardino, CA, 909.888.2546 • C:OLE R. JACKSON. C.P.A. - Reiss. Jackson & Company, 1901 Orange "Tree Lane, Suite 120, Redlands, CA, 92374, (909) 792-3533 Spas for Paws, LLC—Proposal Dog Wash Station Central Park Huntington Beach Page 7 of 8 HB -235- Item 14. - 41 Suzi RYAN — Granite Payrnent Alliance LLC, 3300 Douglas Blvd r345, Roseville, CA 95661, Phone: (760) 840-9040; debit and credit card payment processing Page 8 of 8 Item 14. - 42 HB _236m ' .• City of Huntington Beach 20oo Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 e www.huntingtonbeachea.gov XEe,pr 1909 P� � Office of the City Clerk Robin Estanislau, City Clerk December 22, 2017 SPAS for PAWS, LLC 202 E. Airport Drive, Suite #120 Los Alamitos, CA 90720 Dear SPAS for PAWS, LLC: Enclosed is a fully executed copy of the "License and Operation Agreement Between The City of Huntington Beach And SPAS for PAWS, LLC, For The Construction, Use And Operation Of A Self-Service Dog Washing Facility At Central Park." Sincerely, Robin Estanislau, CIVIC City Clerk RE:ds Enclosure: Sister Cities: Anjo, Japan a Waitakere, New Zealand