Loading...
HomeMy WebLinkAboutCounty of Orange - 2020-04-20 _ City of Huntington Beach File #: 20-1578 MEETING DATE: 4/20/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Oliver Chi, City Manager Subject: Emergency Facility Use Agreement between the County of Orange and the City of Huntington Beach to Establish a Temporary Alternative Shelter Site at 17631 Cameron Lane to Respond to the COVID-19 Pandemic. Statement of Issue: To comply with the Governor's orders, the State has directed counties to provide safe locations for homeless individuals to isolate in during the COVID-19 pandemic. Specifically, Orange County has been ordered to stand up 2,300 shelter beds for this purpose. The proposed agreement would allow the County to construct and locate a temporary alternative shelter site on City property at 17631 Cameron Lane (Site) once the City has finalized the acquisition of the parcel. If the proposed agreement is approved, Orange County would construct a shelter facility on the Site to house homeless individuals who are not COVID-19 positive and who do not have COVID-19 symptoms. Financial Impact: The County of Orange and the Orange County Health Care Agency would lead the development of the Cameron Lane site, including grading, paving, lighting, security, and fencing at the site. The County plans to purchase and construct a SPRUNG tent structure on the site, which would be transferred to the City's possession following the County's COVID-19 emergency health order. The County will also cover the operating costs of running the site. The site improvements performed by the County are estimated at $2 million. After the County has finished use of the temporary alternative shelter site, the City would then have the option of utilizing the facility as a navigation center facility for use towards our local homeless response plan. Furthermore, there will be no capital or operating costs to the City under the proposed agreement. Recommended Action: Authorize the City Manager to execute, in a form approved by the City Attorney, the "Emergency Facility Use Agreement between the County of Orange and the City of Huntington Beach" to establish a temporary alternative shelter site at 17631 Cameron Lane to respond to the COVID-19 pandemic. City of Huntington Beach Page 1 of 3 Printed on 4/15/2020 powered by Legistar- File #: 20-1578 MEETING DATE: 4/20/2020 Alternative Action(s): Do not approve the agreement with the County of Orange. This may result in the County identifying alternate sites for homeless individuals needing shelter and isolation during the pandemic within the City of Huntington Beach without prior cooperation or agreement between the two parties. Analysis: On February 26, 2020, the County of Orange was one of the first to issue a State of Local Emergency Proclamation and Declaration of Local Health Emergency in response to COVID-19. Following closely behind, Governor Gavin Newsom declared a State of Emergency in the State of California on March 4, 2020, and the City Council declared a local emergency in the City of Huntington Beach on March 16, 2020. In response to the COVID-19 pandemic, Governor Newsom has directed Counties to provide safe locations for homeless individuals to isolate during the COVID-19 pandemic to protect and preserve the public health. Here in Orange County, the State has ordered 2,300 beds be added for this purpose. To meet this directive, the County is seeking to locate a homeless-related facility in every one of its cities, to fairly distribute any potential burden and address regional needs holistically. Thus far, the cities of Costa Mesa and Santa Ana are using trailers for additional housing, and a hotel in Stanton has signed an agreement with the County for the use of that hotel as a shelter facility. As these announcements are being made, some cities have found themselves at odds with the County's plan. For example, Laguna Woods is disputing the use of a hotel for elderly or medically compromised homeless individuals that is located near a retirement community. The County is being forced to act quickly to find sites to shelter these individuals for fear of an outbreak of COVID-19 amongst the homeless population, which would further strain the health care system. As the situation has developed over the past few weeks, the City has sought to engage the County early in this process to help identify a solution that would minimize the burden on our community, and potentially assist the City in meeting its legal obligations to shelter homeless individuals living in Huntington Beach in the future. Working in cooperation, the County has identified the property located at 17631 Cameron Lane as a suitable location for standing up a temporary shelter during the COVID-19 pandemic. The attached agreement outlines the terms in which this site would become operational, including the following conditions: 1. The County would be wholly responsible for the site improvements needed at the site, including grading, paving, lighting, security, and fencing. 2. The County would purchase and construct a SPRUNG tent structure on the site to be used for sheltering homeless individuals. City of Huntington Beach Page 2 of 3 Printed on 4/15/2020 powered by LegistarT" File #: 20-1578 MEETING DATE: 4/20/2020 3. Of note, this temporary alternative shelter site would not be used for sheltering those who are COVID-19 positive have COVID-19 symptoms. 4. The City would be directly involved in developing the operational plan with the County and their designated operator, Illumination Foundation, to ensure it minimizes the impacts to our community. Some conditions worth of highlighting include: a. All clients at the site would be required to sign a User Agreement to adhere to certain rules of conduct. b. Housing eligibility would be made through prior arrangements, with no on-demand walk -in or drop-off service. c. The City's Police Department would be directly involved in developing the security plan at the site and retain final approval. 5. All improvements on the site, including the SPRUNG structure, would be transferred over to the City's possession following the County's COVID-19 emergency health order. Once the City finalizes the acquisition of the Site, and if the Agreement referenced herein is approved, the County expects the facility to be fully developed and operational within the next 6 - 8 weeks. The site improvements performed by the County are estimated at $2 million. These improvements would result in significant cost savings for the City when considering how best to repurpose the site in the future. Environmental Status: Not applicable. Strategic Plan Goal: Strengthen long-term financial and economic sustainability Attachment(s): 1. Emergency Facility Use Agreement City of Huntington Beach Page 3 of 3 Printed on 4/15/2020 powered by Legistar— EMERGENCY FACILITY USE AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF HUNTINGTON BEACH This Emergency Facility Use Agreement (Agreement) is entered into as of April 20, 2020, by and between the County of Orange, a political subdivision of the State of California (Licensee), and the City of Huntington Beach, a California Charter Law city (City), for the use by Licensee of a specific facility or facilities (Facility) owned by or under legal control of City described in this Agreement to support Licensee's response to the COVID-19 emergency and pandemic. The Facility outlined in this Agreement shall be used for the establishment and creation of a temporary alternative shelter site (TASS) needed to prevent and control the COVID-19 emergency and pandemic and to protect and preserve the public health. The County and City may hereinafter be referred to sometimes individually as "Party" and collectively as "Parties." RECITALS a. WHEREAS, on February 26, 2020, the County declared a Local Emergency, and the County's Health Officer declared a Local Health Emergency in response to COVID-19 emergency and outbreak, as necessary for the preservation of public health and safety; and b. WHEREAS, on March 4, 2020, Governor Gavin Newsom declared a State of Emergency in the State of California concerning the COVID-19 emergency and outbreak; and c. WHEREAS, on March 12, 2020, Governor Gavin Newsom issued Executive Order N-25-20, ordering all California residents to heed any orders and guidance of State and local public health officials, including but not limited to imposition of social distancing measures, to control the spread of COVID-19; d. WHEREAS, on March 16, 202,the City Council of the City of Huntington Beach declared a local emergency, in response to the COVID-19 emergency and pandemic; and e. WHEREAS, on March 18, 2020, the President of the United States proclaimed a national emergency concerning the COVID-19 outbreak; and f. WHEREAS, on March 22, 2020, the President of United States declared a major disaster exists in the State of California and ordered Federal assistant to supplement State and local recovery efforts in the areas affected by the COVID-19 pandemic; and g. WHEREAS, 601(a) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), which is to be used to make payments for specified uses to States and certain local governments that: (1) are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); (2)were not accounted for in the budget most recently approved as of March 27, 2020(the date of enactment of the CARES Act)for the State or government;and (3)were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020; and 1 h. WHEREAS, the CARES Act authorizes the use of its funds for the expenses incurred by implementing measures to increase COVID-19 treatment capacity or improve mitigation measures, including related construction costs; and i. WHEREAS, Licensee is in need of certain facilities in order to support its efforts to respond to the COVID-19 pandemic and the requisite social distancing requirements in a manner consistent with the above declarations and authorities, and any continuing executive orders and declarations as part of the on-going emergencies; and j. WHEREAS,the City has agreed to license to Licensee the use of real property located at 17631 Cameron Lane and 17642 Beach Boulevard (Site) for the construction of the TASS based on the agreed- upon consideration and other terms and conditions of use as set forth in this Agreement; and k. WHEREAS, the City has authority to permit such a use on the Site; and I. WHEREAS, all provisions of this Agreement shall be read and construed in a manner that is consistent with the stated purpose herein; and m. WHEREAS, it is expressly understood by the Parties that the City's purpose is to provide services to the residents of Huntington Beach, pursuant to the policies enacted by the City Council of the City of Huntington Beach, and that as its primary obligation is to as such, priority shall be given to Huntington Beach residents, and to all operations that support its primary purpose; and n. WHEREAS, the Parties,therefore, understand and agree that, at such time that as the City, in its sole and unlimited discretion, deems it necessary to serve its primary purpose,the City may terminate this Agreement with 90-days advance notice. NOW,THEREFORE, in consideration of the above recitals, and in consideration of the mutual covenants, benefits and promises contained herein, it is mutually agreed between the Parties, as follows: 1. FACILITY DESCRIPTION a. Owner: City of Huntington Beach b. Manager/Operator: City of Huntington Beach c. Address: 17631 Cameron Lane, Huntington Beach, CA 92647 (APN: 167-472-08); 17642 Beach Boulevard, Huntington Beach, CA 92647 (APN: 167-472-09) d. Name and specific licensed area of Facility, as outlined in Attachment A, incorporated herein by reference: i. Cameron Lane: Approximately 34,189 square feet of vacant land located at 17361 Cameron Lane ii. Beach Boulevard: Approximately 34,325 square feet of vacant land located at 17642 Beach Boulevard 2. FACILITY USE 2 a. The City hereby licenses and permits Licensee by way of this revocable license to access the Facility to construct a TASS as described in the following sections and subject to the terms and conditions detailed herein. b. The Facility shall be used for the construction and establishment of a temporary alternative shelter site TASS needed to prevent and control the COVID-19 emergency and pandemic and to protect and preserve the public health by providing shelter and care for homeless populations in an effort to mitigate COVID-19 effects and enable compliance with COVID-19 public health precautions. "Construction"as used in this Agreement shall include, but not be limited to, all aspects related to the construction, design, planning, paving, installation, grading, trenching, assembly, demolition, erection, alteration, or providing support structures or buildings of any kind that are necessary for the Facility (or any appurtenant improvements)and its preparation for use as described herein. The TASS shall include staging areas, staff zones, transport access, and shelter space for home-challenged persons needing shelter and isolation due to the COVID-19 emergency and pandemic. c. Pursuant to this Agreement, the City authorizes County, and its officers, employees, agents, invitees, other necessary parties, and persons needing access for the construction and establishment of a TASS and related services,to access, occupy, and use the Facility solely for purposes of the ACS and COVID-19 emergency and pandemic-related non-congregate sheltering. Licensee shall be solely responsible for intake, tracking, and discharge of occupants; no "check-in/check-out" with the City shall be required. Daily occupancy census will be retained by the Licensee and provided to the City upon request. d. Other than to the extent expressly stated herein, Licensee shall be solely responsible for the construction and establishment of the TASS and Facility. e. City acknowledges that Licensee's agents and other necessary third parties, including contractors and subcontractors, will support the construction and shall be allowed access to the Facility consistent with this Agreement. f. Licensee is approved to perform modifications to the Facility during construction that are deemed necessary to protect the health and safety of individuals that will receive care at the Facility, as well as Licensee employees and all agents associated with the uses, if approved in advance by the City. i. In order to make the Facility functional and minimize risks in light of the intended use once constructed, Licensee shall work with the City to develop modifications, including grading, paving, lighting, security, and fencing at the Facility, and constructing a SPRUNG structure on the Facility with the necessary utility connections to operate said structure.Said modifications and needs shall be detailed in an Exhibit to be finalized between the Parties based on operational needs,and said Exhibit will be attached hereto and incorporated as if stated herein. ii. Upon completion of construction of the TASS and termination of this Agreement, all modifications to the Facility, including the Site improvements and the SPRUNG 3 structure, will be relinquished by the Licensee to the City. g. Unauthorized use of the Facility will constitute a breach of the Agreement and may warrant immediate termination of the agreement. See Termination Section, below. h. Loading and Unloading. Barriers, fences, or posts shall be placed and paid for by the Licensee at any location deemed necessary by City for safety and/or for any other reasons during construction. The Licensee is expected to adhere to all City policies related to the operation and parking of vehicles unless expressly authorized otherwise by the City. 3. FACILITY MANAGEMENT DURING CONSTRUCTION a. Representatives i. Licensee's Responsible Party: Licensee will designate a Licensee's Responsible Party (LRP) to serve as the individual in charge of and responsible for all of Licensee's activities and actions regarding the Facility. Each Party will provide notice as to name and contact information of the individuals above to other Party. ii. City's Responsible Party: City will designate a City's Responsible Party (CRP) to coordinate with the Licensee's Responsible Party regarding facility use and provision of service. iii. The LRP and the CRP will be responsible for communicating concerns and issues relating to construction of the Facility. Best efforts shall be made for the LRP and CRP to be available as much as possible and shall have authority as otherwise allowed by law to make decisions regarding this Agreement that do not require an amendment or other formal written agreement signed by both Parties. b. Construction Management i. Licensee will be solely responsible for construction of the Facility under this Agreement including, but not limited to, the following, which may include use of outside contractors procured and managed by Licensee: 1. Site demolition and grub existing house Cameron Lane entranced trees. 2. Grade site and installation of underground utilities electrical water, sewer, and fire line. 3. Installation of on-site stormwater retention 4. Pave site and the Cameron Lane entrance. 5. Installation of site lighting and Utility feeds for portable restroom and showers. 6. Erect the SPRUNG Structure and install the fire sprinkler system. 7. Installation of chain link fencing with privacy screening. 8. Design and construction of TASS 9. Obtaining occupancy and evacuation plan approvals with the City and any other authority having jurisdiction. 10. Site Security during construction. 4 c. Facility Construction, and Costs i. Licensee is responsible for TASS construction. ii. All costs and expenses will be borne by Licensee, including Licensee's third-party contractors, except where agreed upon by the CRP. iii. Licensee shall have access to and use of the Facility during the following times and dates: 24 hours per day, seven (7) days per week throughout the duration of this Agreement. It is the responsibility of Licensee to ensure that its construction of the Facility does not interfere or impinge on the rights of others in the local community, including neighboring residential and business districts. iv. The Facility is being used by Licensee on an "as is" basis. Licensee assumes all risk in the event of damage to person or property, loss by theft or otherwise of any and all property specific to Licensee's construction of Facility, and no claim shall be made or against the City because of such losses for any reason whatsoever except if and only to the extent caused by the gross negligence or willful misconduct of the City. V. Licensee is responsible for providing 24/7 security personnel and other related protections such as fencing and lighting, as appropriate, in coordination with the City as may be necessary for construction. vi. City and Licensee shall agree on a complete safety and security plan, including number of personnel, location of equipment, noise levels, lighting (including direction), so as not to disturb adjacent residential neighborhoods. Licensee agrees that all lighting will be faced away from nearby residential areas. The City may request that lighting be relocated due to environmental or other concerns of the community. vii. No amplified music, loud equipment, construction or explosions of any kind may be used without City's written permission. If permission is granted in writing, volume levels must adhere to decibel levels established using established noise ordinances adopted by the County of Orange. viii. Licensee agrees to abide by all applicable state and federal laws and local ordinances, and City policies, rules and regulations, including all government issued social distancing guidance related to the containment of COVID-19. ix. Licensee is responsible for the safe storage and disposal of all waste and other trash affiliated with its Facility construction. Licensee shall not dump, misuse, or dispose of any liquids or hazardous materials within the Facility. X. Licensee shall not bring onto City property, nor allow others associated with Licensee's use, to bring on City property, any hazardous chemicals or other potentially hazardous materials without written permission from the City. It is the 5 sole and independent responsibility of Licensee to obtain any permit or other form of required approval from federal, state,county, city or other local entity, as required by applicable law. Licensee shall be responsible for any fees, charges, or other costs associated with these requirements. xi. Licensee understands and agrees City personnel shall have the right to enter the Facility or any part thereof for any purpose and at any time, at its sole discretion. City personnel shall give reasonable notice when practicable. xii. The City reserves the right to eject or cause to be ejected and removed from City property any person whose conduct violates the terms of this Agreement, including federal, state, local law or regulation; provided, however, prior to such ejection, Licensee shall be provided with notice and a reasonable opportunity to cure, if safe and practicable under the circumstances. xiii. Licensee will obtain all applicable federal, state, county, and local permits (e.g., fire, health and safety,and environmental),as necessary.Any work requiring permits may not commence until permits are issued. d. Licensee shall abide by all coronavirus / COVID-19-related public health orders, guidance's, best reasonable practices and other appropriate measures applicable to operations and activities under this Agreement. Licensee shall be responsible for ensuring all of Licensee's employees, agents, invitees and third-party users follow all applicable public health orders, guidance's, best reasonable practices and other appropriate measures related to coronavirus/COVID-19. e. TASS Use. i. Once construction is completed, the City shall select their own service provider to operate the SPRUNG Shelter/TASS. These services shall initially be part of the County's COVID-19 homeless response and work in coordination with the County. ii. Shelter beds will be made available through referral to the City's shelter operator by County and community outreach staff for individuals experiencing homelessness in the Central Service Planning Area (SPA), details of which shall be defined in a separate Memorandum of Understanding between the City and Licensee. iii. Once the County's COVID-19 homeless response has reduced in scope, the sprung shelter site referral process can be reduced to focus solely on City referrals. 4. FACILITY CONDITION a. Licensee warrants that, upon termination of this Agreement, it will relinquish ownership of all improvements made and/or constructed on the Facility to the City, including the SPRUNG structure. b. Licensee has inspected the Facility and has independently determined that the Facility is 6 suitable for its intended uses.The City makes no representations concerning the Facility and the suitability for the uses or purposes intended by Licensee. c. The City assumes no liability for damages caused by power outages, water usage and/or availability, blackouts, equipment failure,acts of god, or any other circumstances beyond the City's control. d. City agrees that in no event shall Licensee be liable for any alleged damages to reputation due to the use of the Facility by Licensee under this Agreement. 5. CARES ACT FUNDING CARES Act funding specified uses for construction are related to the necessity to create housing for homeless in a safe shelter in place environment due to the effects of COVID-19. The construction scope of work is restricted to qualification of CARES Act funding deemed as a direct necessity for the establishment of housing only. City agrees that it is familiar with the requirements and restrictions of the CARES Act and agrees that it will utilize the TASS and related assets consistent with these requirements. 6. TERM AND TERMINATION a. Licensee shall be permitted to use the Facility commencing on execution of this Agreement for as long as necessary to complete construction, and as needed to reasonably transition the use and operation of the Facility to the City. b. Either Party may terminate this Agreement for any reason upon ninety (90) business-day advance written notice to the other Party. c. The City may immediately terminate this Agreement for cause should Licensee fail to perform as herein provided, and will provide the notice set forth above. Licensee shall have three (3) business days to cure, or such other reasonable time given the nature of the breach and cure. If the breach is not cured to the City's satisfaction, this Agreement will terminate on the fifth business day after the period for cure as stated in City's initial notice of breach. d. Official Orders. Licensee and City mutually acknowledge that local, state, or federal authorities may issue official orders related to the COVID-19 emergency and pandemic, or take other official actions, subsequent to the execution of this Agreement that Parties to this Agreement cannot presently predict. Licensee and City mutually acknowledge and agree that this Agreement shall be subject to the provisions of any such official action or order, particularly but not limited to Executive Orders of the Governor of the State of California and Orders of the County Public Health Officer, and the like ("Official Actions"), and if the provisions of any such Official Actions materially impact the terms of this Agreement, the provisions of those Official Actions shall govern to the degree that each Party is legally obligated to do so. In the event that such Official Actions make occupancy and/or use of the Facility by Licensee under this Agreement illegal, unlawful,or contrary to public policy,either party shall provide written notice to the other in the manner described herein, and Licensee and City mutually agree that this Agreement shall terminate as of the date of that Official 7 Action, at no penalty to Licensee or City. 7. NO ASSIGNMENT OR SUBLETTING. Licensee shall not assign or sublet, in whole or in part, the benefits and rights, in whole or in part, granted in this Agreement without the expressed written consent of the City. 8. INDEMNIFICATION. Licensee shall hold harmless, defend, and indemnify the City, and their officers, employees, representatives,volunteers,and agents, and each of them(collectively the Indemnified Parties),from any and all known or unforeseen losses, liabilities, lawsuits, claims, damages, losses, causes of action and demands, injuries or death of persons, and/or for damages to any City Facilities, and all costs and expense incurred in connection therewith, including, but not limited to attorneys' fees and costs resulting from or in any manner arising out of or in connection with any act or omission on the part of Licensee, its officers, agents, employees, and volunteers, arising out of, resulting from, or related to, this Agreement, Licensee's use of the Facility, or operations conducted by or on behalf of Licensee, except, to the extent required by law and excluding liability due to City's gross negligence or intentional wrongdoing. 9. INSURANCE a. Licensee shall at its own expense obtain and maintain primary insurance during the term of this Agreement with limits not less than: General Liability $ 5,000,000 (per occurrence) General Aggregate $ 10,000,000 Workers' Compensation As required under California State Law Employer Liability $ 1,000,000 Business Automobile Liability $ 1,000,000 (for owned, scheduled, non- owned, or hired automobiles) b. Licensee shall furnish to the City a Certificate of Insurance with an underwriter's additional insured endorsement that provides proof that insurance is maintained at the above limits. The insurer's rating must be AM Best—A VII or higher. c.The Certificates of Insurance and all endorsements shall be provided by the Licensee.to the City prior to commencement of Licensee's use of the Facility. Failure to provide the requested insurance information within prescribed time limits may result in cancellation of the use. 10. NOTICES All notices herein required to be given, or which may be given, or which may be given by either Party to the other, shall be deemed to have been fully given when made in writing and deposited in the United States mail or by electronic mail, and addressed as herein provided. Notice to the Parties shall be addressed as set forth below: 8 Licensee: Jason Austin, Director Office of Care Coordination Orange County Health Care Agency 405 West 5th Street Santa Ana, CA 92701 JAustin@ochca.com City: Oliver Chi, City Manager City Manager's Office City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 oliver.chi@surfcity-hb.org 11. GENERAL PROVISIONS a. This Agreement constitutes the entire agreement between the parties with respect to its subject matter and constitutes and supersedes all prior agreements, representations and understandings of the parties, written or oral, with regard to this same subject matter. b. No alteration or variation of this Agreement shall be valid unless made in writing and signed by the parties, and no oral understanding, course of dealing, or agreement not incorporated in writing in the Agreement shall be binding on any of the parties. c. This Agreement shall be governed by the laws of the State of California, except to the extent preempted by federal law. Any action brought by any party hereto shall be brought in the Superior Court in the County of Orange, California. d. Nothing in this Agreement shall be construed as creating any rights or benefits to any third parties. e. The provisions of this Agreement shall extend to and be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns to the parties hereto. f. Licensee shall make no payments or gratuities of any kind to any City representatives, employees, agents, auxiliaries, or affiliates. Failure to comply with this clause will be considered a breach of this Agreement and subject to immediate termination of this Agreement, at City's sole discretion. g. Licensee hereby certifies compliance with California Government Code sections 8355- 8357 in matters relating to providing a drug-free workplace. 9 1 • h. The City assumes no liability or responsibility for loss or damages to any equipment left on City premises, excluding any loss caused by the negligence or willful misconduct of the City. i. Prior to Facilities use, Licensee shall provide a list of all subcontractors providing good or services for Licensee's Facilities use. j. Emergencies. All emergencies shall be reported to the City by calling 911. Non- emergency matters can be reported to the City by calling 714-960-8811. k. Quiet Possession. City agrees that the Licensee, while keeping and performing the covenants herein contained, shall at all times during the existence of this Agreement, peaceably and quietly have, hold, and enjoy the Facility without suit, trouble, or hindrance from the City. I. During the term of this Agreement, both Parties shall comply with all applicable laws, regulations and City policies regarding the Facility, the services to be rendered, and performance under this Agreement. Neither Party shall deny benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion,color, national origin,ancestry, physical handicap, mental disability, medical condition, marital status, age, sex, or any other protected or prohibited basis. Both parties shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. m. Time of Essence; Binding on Successors. Time is of the essence of this Agreement, and the terms and provisions of this Agreement shall extend to and be binding upon and inure to the benefit of the heirs, executors, administrators, successors, and assigns to the respective Parties hereto.All of the parties hereto shall be jointly and severally liable hereunder. n. If any section or provision of this Agreement is held illegal, unenforceable or in conflict with any law by a court of competent jurisdiction, such section or provision shall be deemed severed and the validity of the remainder of this Agreement shall not be affected. o. No Oral Agreements. It is mutually understood and agreed that no alterations or variations of the terms of this Agreement shall be valid unless made in writing and signed by the Parties hereto, and that no oral understanding or agreement not incorporated herein, shall be binding on any of the Parties hereto. p. Any conflict between the documents contained herein and the terms and conditions of the agreement prevails over any other documents incorporated. q. Hazardous Substances. With regard to its use of the Facility, Licensee agrees that it will comply with all applicable laws pertaining to the use, storage, transportation, and 10 disposal of any hazardous substance as that term is defined in such applicable law. In the event City or any of its affiliates,successors, principals,employees,or agents should incur any liability, cost, or expense, including attorney's fees and costs, as a result of the Licensee's illegal or alleged illegal use, storage, transportation, or disposal of any hazardous substance at or on the Facility, including any petroleum derivative, the Licensee shall indemnify,defend,and hold harmless any of these individuals against such liability. Where the Licensee is found to be in breach of this provision due to the issuance or a government order directing the Licensee to cease and desist any illegal action in connection with a hazardous substance, or to remediate a contaminated condition caused by the Licensee or any person acting under the Licensee's direct control and authority, Licensee shall be responsible for all costs and expenses of complying with such order, including any and all expenses imposed on or incurred by the City in connection with or in response to such government order. Notwithstanding, Licensee shall have no liability during or after the term of this Agreement in connect with any contamination which pre-existed Licensee's use or occupancy under this Agreement. 11 IN WITNESS THEREOF,the Parties have executed this Agreement effective as of the date stated above. COUNTY OF ORANGE THE F HUNTINGTON BEACH By Tler � By lT as4A. K Chief Real Estate Officer Name Oliver Chi Title City Manager APPROVED AS TO FORM APPROVED AS TO FORM OFFICE OF COUNTY COUNSEL HUNTINGTON BEACH CITY ATTORNEY'S OFFICE dko By f}' By eputy /' w mo v 12 ATTACHMENTA FACILITY DESCRIPTION 1. Facility Description a. Name: Cameron Lane i. •••ress: 17631 Cameron Lane, Huntington •. A' . 1: iii. Description: Approximately 34,189 square feet of vacant land b. Name: Beach Boulevard i. Address: 17642 Beach Boulevard, Huntington Beach, CA 92647 . . . 1• iii. Description: Approximately 34,325 square feet of vacant land c. Location Map: -,��J.did fr:e�.., • r• r� V 13 r��� h{ot� tc'.r• r ��. 1• i »---^^�r� - - •� �� - - - Slater Ave a n + �'S � 1.1631 Cameron Lane - o dr r ti�,[ r r,•. 1 � /'�ti ,q Honions � � � � Hu,r n rLn'•Beach a N ♦i r � 6ea¢h HOSprtal=d� EMERGENCY FACILITY USE AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF HUNTINGTON BEACH This Emergency Facility Use Agreement (Agreement) is entered into as of April 20, 2020, by and between the County of Orange, a political subdivision of the State of California (Licensee), and the City of Huntington Beach, a California Charter Law city (City), for the use by Licensee of a specific facility or facilities (Facility) owned by or under legal control of City described in this Agreement to support Licensee's response to the COVID-19 emergency and pandemic. The Facility outlined in this Agreement shall be used for the establishment and creation of a temporary alternative shelter site (TASS) needed to prevent and control the COVID-19 emergency and pandemic and to protect and preserve the public health. The County and City may hereinafter be referred to sometimes individually as "Party" and collectively as "Parties." This Agreement is conditional and contingent on finalization of certain FEMA-required terms and conditions, as expressly stated further herein. 1. RECITALS a. WHEREAS, on February 26, 2020, the County declared a Local Emergency, and the County's Health Officer declared a Local Health Emergency in response to COVID-19 emergency and outbreak, as necessary for the preservation of public health and safety; and b. WHEREAS, on March 4, 2020, Governor Gavin Newsom declared a State of Emergency in the State of California concerning the COVID-19 emergency and outbreak; and c. WHEREAS, on March 12, 2020, Governor Gavin Newsom issued Executive Order N-25-20, ordering all California residents to heed any orders and guidance of State and local public health officials, including but not limited to imposition of social distancing measures,to control the spread of COVID-19; d. WHEREAS,on March 16, 202,the City Council of the City of Huntington Beach declared a local emergency, in response to the COVID-19 emergency and pandemic; and e. WHEREAS, on March 18, 2020, the President of the United States proclaimed a national emergency concerning the COVID-19 outbreak; and f. WHEREAS, on March 22, 2020,the President of United States declared a major disaster exists in the State of California and ordered Federal assistant to supplement State and local recovery efforts in the areas affected by the COVID-19 pandemic; and g. WHEREAS, the Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA) has issued the Public Assistance Program and Policy Guide, Third Edition, Version 3.1 (Guide) that provides guidance on the availability of federal funding to states and local governments during emergencies pursuant to Section 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act); and 1 h. WHEREAS,the Guide identifies sheltering as an eligible cost during emergencies; and i. WHEREAS, Licensee is in need of certain facilities in order to support its efforts to respond to the COVID-19 pandemic and the requisite social distancing requirements in a manner consistent with the above declarations and authorities, and any continuing executive orders and declarations as part of the on-going emergencies; and j. WHEREAS,the City has agreed to license to Licensee the use of real property located at 17631 Cameron Lane (Site) based on the agreed-upon consideration and other terms and conditions of use as set forth in this Agreement; and k. WHEREAS, the City has authority to permit such a use on the Site, and is ready and willing to provide available support services as described below; and I. WHEREAS, all provisions of this Agreement shall be read and construed in a manner that is consistent with the stated purpose herein; and m.WHEREAS, it is expressly understood by the Parties that the City's purpose is to provide services to the residents of Huntington Beach, pursuant to the policies enacted by the City Council of the City of Huntington Beach, and that as its primary obligation is to as such, priority shall be given to Huntington Beach residents, and to all operations that support its primary purpose; and n. WHEREAS, the Parties,therefore, understand and agree that, at such time that as the City, in its sole and unlimited discretion, deems it necessary to serve its primary purpose,the City may terminate this Agreement with 90-days advance notice, and that in the event of such termination, the Licensee agrees to return the Site to the City in a mutually agreed-upon condition. NOW,THEREFORE, in consideration of the above recitals, and in consideration of the mutual covenants, benefits and promises contained herein, it is mutually agreed between the Parties, as follows: 2. FACILITY DESCRIPTION a. Owner: City of Huntington Beach b. Manager/Operator: City of Huntington Beach c. Address: 17631 Cameron Lane, Huntington Beach, CA 92647 (APN: 167-472-08) d. Name and specific licensed area of Facility, as outlined in Attachment A, incorporated herein by reference: i. Cameron Lane:Approximately 34,189 square feet of vacant land located at 17361 Cameron Lane 3. FACILITY USE a. The City hereby licenses and permits Licensee by way of this revocable license to access the 2 Facility to construct and use as described in the following sections and subject to the terms and conditions detailed herein. b. The Facility shall be used for the establishment and operation of a temporary alternative shelter site TASS needed to prevent and control the COVID-19 emergency and pandemic and to protect and preserve the public health. Use shall include staging areas, staff zones, transport access, and shelter space for home-challenged persons needing shelter and isolation due to the COVID-19 emergency and pandemic. c. Home-challenged individuals who are COVID-19 positive or COVID-19 symptomatic will not be housed at the Facility. d. Pursuant to this agreement, the City authorizes County, and its officers, employees, agents, invitees, other necessary parties, and persons needing TASS and related services, to access, occupy, and use the Facility solely for purposes of the ACS and COVID-19 emergency and pandemic-related non-congregate sheltering. Licensee shall be solely responsible for intake, tracking,and discharge of occupants; no"check-in/check-out"with the City shall be required. Daily occupancy census will be retained by the Licensee and provided to the City upon request. e. Other than to the extent expressly stated herein, Licensee shall be solely responsible for the operation and servicing of the TASS and Facility. City shall not be responsible for provision of any medical care related to Licensee's use. f. City acknowledges that Licensee's agents and other necessary third parties, including contractors and subcontractors, will support the operations and shall be allowed access to the Facility consistent with this Agreement. g. Parties acknowledge that the Licensee's operational and other needs as to the Facility may vary, including based on developments as Licensee's response to the pandemic progresses. Additional facilities or services or uses of existing Facilities may be added to the scope of this Agreement or otherwise modified, and the parties agree to negotiate for such in good faith. In such event, all additional terms shall be memorialized in a written addendum to this Agreement that is signed by all Parties. h. Licensee is approved to perform modifications to the Facility necessary to protect the health and safety of individuals receiving care on the Facility, as well as Licensee employees and all agents associated with the uses, if approved in advance by the City. i. In order to make the Facility functional and minimize risks in light of Licensee's intended use, Licensee shall work with the City to develop modifications, including grading, paving, lighting, security, and fencing at the Facility, and constructing a SPRUNG structure on the Facility with the necessary utility connections to operate said structure. Said modifications and needs shall be detailed in an Exhibit to be finalized between the parties based on operational needs, and said Exhibit will be attached hereto and incorporated as if stated herein. 3 ii. Upon termination of this Agreement, all modifications to the Facility, including the Site improvements and the SPRUNG structure, will be relinquished by the Licensee to the City. L Unauthorized use of the Facility will constitute a breach of the Agreement and may warrant immediate termination of the agreement. See Termination Section, below. j. Loading and Unloading. Barriers,fences, or posts shall be placed and paid for by the Licensee at any location deemed necessary by City for safety and/or for any other reasons.The licensee is expected to adhere to all City policies related to the operation and parking of vehicles unless expressly authorized otherwise by the City. 4. FACILITY MANAGEMENT a. Representatives L Licensee's Responsible Party: Licensee will designate a Licensee's Responsible Party (LRP) to serve as the individual in charge of and responsible for all of Licensee's activities and actions regarding the Facility. Each Party will provide notice as to name and contact information of the individuals above to other Party. ii. City's Responsible Party: City will designate a City's Responsible Party (CRP) to coordinate with the Licensee's Responsible Party regarding facility use and provision of service. iii. The LRP and the CRP will be responsible for communicating concerns and issues relating to use of the Facility. Best efforts shall be made for the LRP and CRP to be available as much as possible and shall have authority as otherwise allowed by law to make decisions regarding this Agreement that do not require an amendment or other formal written agreement signed by both Parties. b. Operational Management i. Licensee will be solely responsible for operating and maintaining the Facility under this Agreement including, but not limited to,the following,which may include use of outside service providers procured and managed by Licensee: 1. Obtaining occupancy and evacuation plan approvals with the City and any other authority having jurisdiction. 2. Security. 3. Food service for persons needing TASS and isolation services and care and staff. 4. Medical supplies and equipment. 4 5. Custodial services. 6. Transportation. 7. Furniture requirements. 8. Wireless network. c. Facility Maintenance, Operations, and Costs i. Licensee is responsible for all Facility maintenance. ii. All costs and expenses will be borne by Licensee, including Licensee's third-party service providers, except where agreed upon by the CRP. iii. Licensee shall have access to and use of the Facility during the following times and dates: 24 hours per day, seven (7) days per week throughout the duration of this agreement. It is the responsibility of Licensee to ensure that its use of the Facility does not interfere or impinge on the rights of others in the local community,including neighboring residential and business districts. iv. The Facility is being used by Licensee on an "as is" basis. Licensee assumes all risk in the event of damage to person or property, loss by theft or otherwise of any and all property specific to Licensee's use of Facility, and no claim shall be made or against the City because of such losses for any reason whatsoever except if and only to the extent caused by the gross negligence or willful misconduct of the City. V. Licensee is responsible for providing 24/7 security personnel and other related protections such as fencing and lighting,as appropriate, in coordination with the City. vi. City and Licensee shall agree on a complete safety and security plan, including number of personnel, location of equipment, noise levels, lighting (including direction), so as not to disturb adjacent residential neighborhoods. Licensee agrees that all lighting will be faced away from nearby residential areas. The City may request that lighting be relocated due to environmental or other concerns of the community. vii. The City may require additional police officers to monitor Licensee's Facilities use, as determined solely by the City. In that event, the cost of such monitoring shall be borne by Licensee. viii. No amplified music, loud equipment, construction or explosions of any kind may be used without City's written permission. If permission is granted in writing, volume levels must adhere to decibel levels established using established noise ordinances adopted by the County of Orange. 5 ix. Licensee agrees to abide by all applicable state and federal laws and local ordinances, and City policies, rules and regulations, including all government issued social distancing guidance related to the containment of COVID-19. X. Licensee is responsible for the safe storage and disposal of all waste and other trash affiliated with its Facility use. Licensee shall not dump, misuse, or dispose of any liquids or hazardous materials within the Facility. xi. Licensee shall not bring onto City property, nor allow others associated with Licensee's use, to bring on City property, any hazardous chemicals or other potentially hazardous materials without written permission from the City. It is the sole and independent responsibility of Licensee to obtain any permit or other form of required approval from federal,state,county,city or other local entity,as required by applicable law. Licensee shall be responsible for any fees, charges, or other costs associated with these requirements. xii. Licensee understands and agrees City personnel shall have the right to enter the Facility or any part thereof for any purpose and at any time, at its sole discretion except that patient care and isolation areas shall only accessed upon showing of good cause or otherwise as part of fulfilling obligations under this Agreement. City personnel shall give reasonable notice when practicable. xiii. The City reserves the right to eject or cause to be ejected and removed from City property any person whose conduct violates the terms of this Agreement, including federal, state, local law or regulation; provided, however, prior to such ejection, Licensee shall be provided with notice and a reasonable opportunity to cure, if safe and practicable under the circumstances. xiv. Licensee will obtain all applicable federal, state, county, and local permits (e.g., fire, health and safety, and environmental). Any work requiring permits may not commence until permits are issued. d. Licensee shall abide by all coronavirus/ COVID-19-related public health orders, guidance's, best reasonable practices and other appropriate measures applicable to operations and activities under this Agreement. Licensee shall be responsible for ensuring all of Licensee's employees, agents, invitees and third-party users follow all applicable public health orders, guidance's, best reasonable practices and other appropriate measures related to coronavirus/COVID-19. e. Sensitive Patient Information and Confidentiality. During the course of Licensee's use of the Facility, City employees, staff, and other agents may encounter patients, persons, or information entitled to certain privacy and health-related protections.Such information may include personal data,written records, and/or recognition of patient identities. City will take necessary steps to ensure that City's employees, staff, and agents do not improperly or unlawfully share confidential information. On a regular basis throughout the term of this Agreement, City will advise its employees who City has reason to believe may encounter confidential, medical information about patients' at the Facility, that this sensitive 6 information is private and should be treated as such and should not be shared outside of the workplace,for any other reason than on a work-related need to know basis. 5. FACILITY CONDITION a. Licensee warrants that, upon termination of this Agreement, it will relinquish ownership of all improvements made on the Facility to the City, including the SPRUNG structure. b. Licensee has inspected the Facility and has independently determined that the Facility is suitable for its intended uses.The City makes no representations concerning the Facility and the suitability for the uses or purposes intended by Licensee. c. The City assumes no liability for damages caused by power outages, water usage and/or availability, blackouts,equipment failure,acts of god,or any other circumstances beyond the City's control. d. Facility Decontamination i. Licensee will perform industry standard decontamination of the Facility prior to its return to the City. The parties will meet and confer to determine the appropriate scope and type of decontamination efforts necessary given the nature of Licensee's emergency operations and use in the Facility. e. City agrees that in no event shall Licensee be liable for any alleged damages to reputation due to the use of the Facility by Licensee under this Agreement. 6. FEMA REQUIRED PROVISIONS a. FEMA. This Agreement may be funded in part or entirely by financial assistance from the Federal Emergency Management Agency. This Agreement is conditional and contingent on incorporation of FEMA-required terms and conditions, including, but not limited to 44 C.F.R. § 206.326 and 2 C.F.R. Pt. 2, Appendix II, and such additional terms and conditions as set forth in Attachment B, attached hereto and incorporated by this reference. The Parties further agree to amend this Agreement to extent necessary to conform to any applicable FEMA required terms and conditions. 8. COST RECOVERY BY CITY a. Licensee agrees to reimburse the City for all services provided by the City during Licensee's use of the Facility. b. Licensee will reimburse City for all direct costs incurred for provision of services in support of Licensee's use. City will not charge for overhead or any other cost that would have been incurred regardless of Licensee's operations and use of Facility. 9. TERM AND TERMINATION 7 a. Licensee shall be permitted to use the Facility commencing on execution of this Agreement for as long as the State of Emergency, Local Emergency, and/or Local Health Emergency, as specified in the Agreement's Recitals, continue in effect, and as needed to reasonably transition the use and operation of the Facility to the City. b. The Parties may terminate this Agreement for any reason upon ninety (90) business-day advance written notice to Licensee. c. The City may immediately terminate this Agreement for cause should Licensee fail to perform as herein provided, and will provide the notice set forth above. Licensee shall have three (3) business days to cure,or such other reasonable time given the nature of the breach and cure. If the breach is not cured to the City's satisfaction,this Agreement will terminate on the fifth business day after the period for cure as stated in City's initial notice of breach. d. Official Orders. Licensee and City mutually acknowledge that local, state, or federal authorities may issue official orders related to the COVID-19 emergency and pandemic, or take other official actions,subsequent to the execution of this Agreement that Parties to this Agreement cannot presently predict. Licensee and City mutually acknowledge and agree that this Agreement shall be subject to the provisions of any such official action or order, particularly but not limited to Executive Orders of the Governor of the State of California and Orders of the County Public Health Officer, and the like ("Official Actions"), and if the provisions of any such Official Actions materially impact the terms of this Agreement, the provisions of those Official Actions shall govern to the degree that each Party is legally obligated to do so. In the event that such Official Actions make occupancy and/or use of the Facility by Licensee under this Agreement illegal, unlawful,or contrary to public policy,either party shall provide written notice to the other in the manner described herein, and Licensee and City mutually agree that this Agreement shall terminate as of the date of that Official Action, at no penalty to Licensee or City. 10. NO ASSIGNMENT OR SUBLETTING. Licensee shall not assign or sublet, in whole or in part, the benefits and rights, in whole or in part, granted in this Agreement without the expressed written consent of the City. 11. INDEMNIFICATION. Licensee shall hold harmless, defend, and indemnify the City, and their officers, employees, representatives,volunteers,and agents,and each of them(collectively the Indemnified Parties),from any and all known or unforeseen losses, liabilities, lawsuits, claims, damages, losses, causes of action and demands, injuries or death of persons,and/or for damages to any City Facilities,and all costs and expense incurred in connection therewith, including, but not limited to attorneys' fees and costs resulting from or in any manner arising out of or in connection with any act or omission on the part of Licensee, its officers, agents, employees, and volunteers, arising out of, resulting from, or related to, this Agreement, Licensee's use of the Facility, or operations conducted by or on behalf of Licensee, except, to the extent required by law and excluding liability due to City's gross negligence or intentional wrongdoing. 8 12. INSURANCE a. Licensee shall at its own expense obtain and maintain primary insurance during the term of this Agreement with limits not less than: General Liability $ 5,000,000 (per occurrence) General Aggregate $ 10,000,000 Workers' Compensation As required under California State Law Employer Liability $ 1,000,000 Business Automobile Liability $ 1,000,000 (for owned, scheduled, non- owned, or hired automobiles) b. Licensee shall furnish to the City a Certificate of Insurance with an underwriter's additional insured endorsement that provides proof that insurance is maintained at the above limits. The insurer's rating must be AM Best—A VII or higher. c. The Certificates of Insurance and all endorsements shall be provided by the Licensee to the City prior to commencement of Licensee's use of the Facility. Failure to provide the requested insurance information within prescribed time limits may result in cancellation of the use. 13. NOTICES All notices herein required to be given, or which may be given, or which may be given by either Party to the other, shall be deemed to have been fully given when made in writing and deposited in the United States mail or by electronic mail,and addressed as herein provided. Notice to the Parties shall be addressed as set forth below: Licensee: Jason Austin, Director Office of Care Coordination Orange County Health Care Agency 405 West 51h Street Santa Ana, CA 92701 JAustin@ochca.com City: Oliver Chi, City Manager City Manager's Office City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 oliver.chi@surfcity-hb.org 14. GENERAL PROVISIONS a. This Agreement constitutes the entire agreement between the parties with respect to its 9 subject matter and constitutes and supersedes all prior agreements, representations and understandings of the parties, written or oral, with regard to this same subject matter. b. No alteration or variation of this Agreement shall be valid unless made in writing and signed by the parties, and no oral understanding, course of dealing, or agreement not incorporated in writing in the Agreement shall be binding on any of the parties. c. This Agreement shall be governed by the laws of the State of California,except to the extent preempted by federal law. Any action brought by any party hereto shall be brought in the Superior Court in the County of Orange, California. d. Nothing in this Agreement shall be construed as creating any rights or benefits to any third parties. e. The provisions of this Agreement shall extend to and be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns to the parties hereto. f. Licensee shall make no payments or gratuities of any kind to any City representatives, employees, agents, auxiliaries, or affiliates. Failure to comply with this clause will be considered a breach of this Agreement and subject to immediate termination of this Agreement, at City's sole discretion. g. Licensee hereby certifies compliance with California Government Code sections 8355- 8357 in matters relating to providing a drug-free workplace. h. The City assumes no liability or responsibility for loss or damages to any equipment left on City premises, excluding any loss caused by the negligence or willful misconduct of the City. i. Prior to Facilities use, Licensee shall provide a list of all subcontractors providing good or services for Licensee's Facilities use. j. Emergencies. All emergencies shall be reported to the City by calling 911. Non-emergency matters can be reported to the City by calling 714-960-8811. k. Quiet Possession. City agrees that the Licensee,while keeping and performing the covenants herein contained, shall at all times during the existence of this Agreement, peaceably and quietly have, hold, and enjoy the Facility without suit,trouble, or hindrance from the City. I. During the term of this Agreement, both Parties shall comply with all applicable laws, regulations and City policies regarding the Facility, the services to be rendered, and performance under this Agreement. Neither Party shall deny benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion,color,national origin,ancestry, physical handicap, mental disability, medical condition, marital status, age, sex, or any other protected or prohibited basis. Both parties shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. 10 m. Time of Essence; Binding on Successors. Time is of the essence of this Agreement, and the terms and provisions of this Agreement shall extend to and be binding upon and inure to the benefit of the heirs, executors, administrators, successors, and assigns to the respective Parties hereto.All of the parties hereto shall be jointly and severally liable hereunder. n. If any section or provision of this Agreement is held illegal, unenforceable or in conflict with any law by a court of competent jurisdiction, such section or provision shall be deemed severed and the validity of the remainder of this Agreement shall not be affected. o. No Oral Agreements. It is mutually understood and agreed that no alterations or variations of the terms of this Agreement shall be valid unless made in writing and signed by the Parties hereto, and that no oral understanding or agreement not incorporated herein, shall be binding on any of the Parties hereto. p. Any conflict between the documents contained herein and the terms and conditions of the agreement prevails over any other documents incorporated. q. Hazardous Substances. With regard to its use of the Facility, Licensee agrees that it will comply with all applicable laws pertaining to the use,storage,transportation,and disposal of any hazardous substance as that term is defined in such applicable law. In the event City or any of its affiliates, successors, principals, employees, or agents should incur any liability, cost, or expense, including attorney's fees and costs, as a result of the Licensee's illegal or alleged illegal use, storage, transportation, or disposal of any hazardous substance at or on the Facility, including any petroleum derivative, the Licensee shall indemnify, defend, and hold harmless any of these individuals against such liability. Where the Licensee is found to be in breach of this provision due to the issuance or a government order directing the Licensee to cease and desist any illegal action in connection with a hazardous substance, or to remediate a contaminated condition caused by the Licensee or any person acting under the Licensee's direct control and authority, Licensee shall be responsible for all costs and expenses of complying with such order, including any and all expenses imposed on or incurred by the City in connection with or in response to such government order. Notwithstanding, Licensee shall have no liability during or after the term of this Agreement in connect with any contamination which pre-existed Licensee's use or occupancy under this Agreement. IN WITNESS THEREOF, the parties have executed this Agreement effective as of the date stated above. COUNTY OF ORANGE THE CITY OF HUNTINGTON BEACH By By Name Name Title Title 11 ra - to Le. �re ♦ . . �.� 9t Finlr tit; i' :fytl �F �,: 41 '71 ,F v I. p e �� <aPr 'I.(lit l'I(t�i���!«nl �.5�� �� '-• � lyu,•I I,Lr n Vic le•� _.. _. 04 r a:. r 17631 Cameron Laneit (' ♦wr �+ pg a; *- • e. 1(j FI C]f�ZO(7& ,,,.� } i. J54 aw R,Spa l i6rrty D ' { n lift Oar»Si quor Urgent Care�S. Hunt(ngton Beac s Avg IM ;on G.Finv��., Attachment B FEDERAL PROVISIONS To the extent applicable, a Party to this Agreement shall comply with the following provisions. (.DEFINITIONS A.Government means the United States of America and any executive department or agency thereof. B. FEMA means the Federal Emergency Management Agency. C. Third Party Subcontract means a subcontract at any tier entered into by Party or subcontractor,financed in whole or in part with Federal assistance originally derived from the Federal Emergency Management Agency. II.FEDERAL CHANGES A. Party shall at all times comply with all applicable regulations, policies, procedures,and FEMA Directives as they may be amended or promulgated from time to time during the term of this Agreement, including but not limited to those requirements of 2 CFR 200.317 through 200.326 and more fully set forth in Appendix II to Part 200—Contract Provisions for non—Federal Entity Contracts Under Federal Awards,which is included herein by reference. Party's failure to so comply shall constitute a material breach of this contract. B. The Party agrees to include the above clause in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the clause shall not be modified,except to identify the subcontractor who will be subject to its provisions. III.ACCESS TO RECORDS A. The Party agrees to provide the County, FEMA,the Comptroller General of the United States or any their authorized representatives access to any books, documents, papers, and records of the Party which are directly pertinent to this Agreement for the purposes of making audits, examinations, excerpts,and transcriptions. B. The Party agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. C. The Party agrees to maintain all books, records,accounts, and reports required under this Agreement for a period of not less than three years after the later of: (a)the date of termination or expiration of this Agreement or(b)the date County makes final payment under this Agreement, except in the event of litigation or settlement of claims arising from the performance of this Agreement, in which case, Party agrees to maintain same until the County, FEMA,the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation,appeals, claims,or exceptions related thereto. IV.DEBARMENT AND SUSPENSION A. This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt.3000. As such the Party is required to verify that none of the Party, its principals(defined at 2 C.F.R. § 180.995),or its affiliates(defined at 2 C.F.R. § 180.905)are excluded (defined at 2 C.F.R. § 180.940)or disqualified (defined at 2 C.F.R. § 180.935). B. Party represents and warrants that it is not debarred,suspended,or otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension"or on the USEPA's List of Violating Facilities. Party agrees that neither Party nor any of its third party subcontractor shall enter into any third party 2 subcontracts for any of the work under this Agreement with a third party subcontractor who is debarred,suspended,or otherwise excluded from or ineligible for participation in Federal assistance programs under executive Order 12549 or on the USEPA's List of Violating Facilities. Gov. Code§4477. C. The Party must comply with 2 C.F.R. pt. 180,subpart C and 2 C.F.R. pt. 3000,subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. Party agrees to the provisions of Attachment 1, Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions, attached hereto and incorporated herein. For purposes of this Agreement and Attachment 1, Party is the"prospective lower tier participant." D. The Party agrees to include paragraphs A and B above in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the paragraphs shall not be modified,except to identify the subcontractor who will be subject to its provisions. E. This certification is a material representation of fact relied upon by County. If it is later determined that the Party did not comply with 2 C.F.R. pt. 180,subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State of California,the County,and the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. F. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180,subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer.The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions." V.NO FEDERAL GOVERNMENT OBLIGATIONS TO PARTY A. The County and Party acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Government,the Government is not a party to this contract and shall not be subject to any obligations or liabilities to the County, Party, or any other party(whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. B. The Party agrees to include the above clause in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the clause shall not be modified,except to identify the subcontractor who will be subject to its provisions. VI. EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE(applicable to all construction contracts awarded meeting the definition of"federally assisted construction contract" under 41 CFR 61-1.3) Party agrees to comply with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity,"as amended by Executive Order 11375 of October 13, 1967,and as supplemented in Department of Labor regulations(41 CFR Part 60). 41 CFR 60.14 is hereby incorporated by reference. A. Partys and subcontractors shall not unlawfully discriminate, harass,or allow harassment against any employee or applicant for employment because of sex, race, color,ancestry, religious creed, national origin,sexual orientation, physical disability(including HIV and AIDS), mental disability, medical condition (cancer),age(over40), marital status,and denial of family care leave. B. Party, and subcontractor shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. 3 C. Party and subcontractors shall comply with the provisions of the Fair Employment and Housing Act(Gov.Code, § 12990(a-f)et seq.)and the applicable regulations promulgated thereunder (California Code of Regulations,Title 2,Section 7285 et seq.).The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990(a- f),set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations,are incorporated into this Agreement by reference and made a part hereof as if set forth in full. D. Partys,and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. VII. ANTI-KICKBACK ACT COMPLIANCE (applicable to all contracts and subgrants for construction or repair;44 CFR§13.36(i)(4)) Party agrees to comply with the Copeland "Anti-Kickback"Act(18 U.S.C.874)as supplemented in Department of Labor regulations(29 CFR Part 3). Vill. DAVIS-BACON ACT COMPLIANCE (applicable to construction contracts in excess of$2,000 awarded by grantees and subgrantees when required by Federal grant program legislation;) To the extent required by any Federal grant programs applicable to expected funding or reimbursement of County's expenses incurred in connection with the services provided under this Agreement, Party agrees to comply with the Davis-Bacon Act(40 U.S.C. 276a to 276a-7)as supplemented by Department of Labor regulations(29 CFR Part 5)as set forth below. These requirements are in addition to the requirements set forth in Section 19(b)of the Agreement. A. The Party shall be bound to the provisions of the Davis-Bacon Act, and agrees to be bound by all the provisions of Labor Code section 1771 regarding prevailing wages. All labor on this project shall be paid neither less than the greater of the minimum wage rates established by the U.S.Secretary of Labor(Federal Wage Rates),or by the State of California Director of Department of Industrial Relations(State Wage Rates). Current DIR requirements may be found at http://www.dir.ca.gov/lcp.asp. B. The general prevailing wage rates may be accessed at the Department of Labor Home Page at www.wdol.gov. Under the Davis Bacon heading,click on "Selecting DBA WDs." In the drop down menu for State,select, "California." In the drop down menu for County, select"Sonoma." In the drop down menu for Construction Type, make the appropriate selection.Then, click Search. IX. CONTRACT WORK HOURS AND SAFETY STANDARDS(applicable to all contracts in excess of $100,000 that involve the employment of mechanics or laborers, but not to purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence) A. Compliance: Party agrees that it shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act(40 U.S.C.327-330)as supplemented by Department of Labor regulations(29 CFR Part 5),which are incorporated herein. B. Overtime: No Party or subcontractor contracting for any part of the work under this Agreement which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. C. Violation;liability for unpaid wages; liquidated damages: In the event of any violation of the 4 provisions of Paragraph B,the Party and any subcontractor responsible therefore shall be liable to any affected employee for his unpaid wages. In additions, such Party and subcontractor shall be liable to the United States for liquidated damages.Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violation of the provisions of paragraph B in the sum of$10 for each calendar day on which such employee was required or permitted to be employed on such work in excess of eight hours or in excess of his standard workweek of forty hours without payment of the overtime wages required by paragraph B. D. Withholding for unpaid wages and liquidated damages:The County shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld,from any moneys payable on account of work performed by the Party or subcontractor under any such contract or any other Federal contract with the same prime Party,or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime Party,such sums as may be determined to be necessary to satisfy any liabilities of such Party or subcontractor for unpaid wages and liquidated damages as provided in the clause set for in paragraph C of this section. E. Subcontracts:The Party or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs A through D of this section and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts.The prime Party shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs A through D of this section. X. NOTICE OF REPORTING REQUIREMENTS A. Party acknowledges that it has read and understands the reporting requirements of FEMA in Part III of Chapter 11 of the United States Department of Justice's Office of Justice Programs Financial Guide,and agrees to comply with any such applicable requirements. B. The Party agrees to include the above clause in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the clause shall not be modified, except to identify the subParty who will be subject to its provisions. XI. NOTICE OF REQUIREMENTS PERTAINING TO COPYRIGHTS A. Party agrees that FEMA shall have a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use,and to authorize others to use,for government purposes: 1) The copyright in any work developed with the assistance of funds provided under this Agreement; 2) Any rights of copyright to which Party purchases ownership with the assistance of funds provided under this Agreement. B. The Party agrees to include paragraph A above in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the clause shall not be modified, except to identify the subParty who will be subject to its provisions. XII. PATENT RIGHTS (applicable to contracts for experimental, research, or development projects financed by FEMA;44 CFR §13.36(i)(8)) A. General. If any invention, improvement,or discovery is conceived or first actually reduced to practice in the course of or under this Agreement,and that invention, improvement,or discovery is patentable under the laws of the United States of America or any foreign country, the County and Party agree to take actions necessary to provide immediate notice and a detailed report to FEMA. 5 B. Unless the Government later makes a contrary determination in writing, irrespective of Party's status(a large business,small business,state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual),the County and Party agree to take the necessary actions to provide,through FEMA,those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,Contracts and Cooperative Agreements,"37 CFR, Part 401. C. The Party agrees to include paragraphs A and B above in each third party subcontract for experimental,developmental, or research work financed in whole or in part with Federal assistance provided by FEMA. XIII. ENERGY CONSERVATION REQUIREMENTS A. The Party agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act(42 USC 6201). B. The Party agrees to include paragraph A above in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the clause shall not be modified, except to identify the subParty who will be subject to its provisions. XIV. CLEAN AIR AND WATER REQUIREMENTS (applicable to all contracts and subcontracts in excess $100,000, including indefinite quantities where the amount is expected to exceed$100,000 in any year) A. Party agrees to comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act(42 U.S.C.7401-7671q)and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387),and will report violations to FEMA and the Regional Office of the Environmental Protection Agency(EPA). B. Party agrees to report each violation of these requirements to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to FEMA and the appropriate EPA regional office. C. The Party agrees to include paragraph A and B above in each third party subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. XV. TERMINATION FOR CONVENIENCE OF COUNTY(applicable to all contracts in excess of$10,000) See Paragraphs 10 and 11 of the Agreement. XVI. TERMINATION FOR DEFAULT (applicable to all contracts in excess of$10,000) Party's failure to perform or observe any term,covenant or condition of this Agreement shall constitute an event of default under this Agreement. See Paragraphs Termination Section of the Agreement. XVII. LOBBYING (Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended).) A. Party shall not use or pay any funds received under this Agreement to influence or attempt to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any 6 Federal contract,the making of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment,or modification of any Federal contract,grant, loan,or cooperative agreement. B. Party agrees to the provisions of Attachment 2,Certification Regarding Lobbying, attached hereto and incorporated herein (applicable for contracts or subcontracts in excess of $100,000). C. Party agrees to include paragraphs A and B above in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the clause shall not be modified,except to identify the subParty who will be subject to its provisions. XVIII. MBE/WBE REQUIREMENTS The County intends to seek reimbursement of its costs incurred in connection with this project from FEMA. Accordingly,the PARTY shall make every effort to procure Minority and Women's Business Enterprises ("DBEs")through the "Good Faith Effort" process as required in 2 CFR 200.321. Failure to perform the "Good Faith Effort" process and submit the forms listed below with the bid shall be cause for a bid to be rejected as non-responsive and/or be considered as a material breach of the contract. PRIME PARTY RESPONSIBILITIES All recipients of this grant funding,as well as their prime Partys and subPartys, must take all affirmative steps to assure that minority firms,women's business enterprises,and labor surplus area firms are used when possible make every effort to solicit bids from eligible DBEs. This information must be documented and reported. "GOOD FAITH" EFFORT PROCESS Any public or private entity receiving federal funds must demonstrate that efforts were made to attract MBE/WBEs. The process to attract MBE/WBEs is referred to as the "Good Faith" effort. This effort requires the recipient, prime Party and any subPartys to take the steps listed below to assure that MBE/WBEs are used whenever possible as sources of supplies, construction,equipment,or services. If a PARTY fails to take the steps outlined below shall cause the bid to be rejected as non- responsive and/or be deemed a material breach of the contract. A. Place qualified small and minority businesses and women's business enterprises on solicitation lists; B. Assure that small and minority businesses,and women's business enterprises are solicited whenever they are potential sources; C. Divide total requirements,when economically feasible,into smaller tasks or quantities to permit maximum participation by small and minority business,and women's business enterprises; D. Establish delivery schedules,where the requirement permits,which encourage participation by small and minority business, and women's business enterprises;and E. Use the services and assistance of the Small Business Administration,and the Minority Business Development Agency of the Department of Commerce. F. If subcontracts are to be let, Party shall take the affirmative steps listed in 2 CFR 200.321. 7 XIX. PROCUREMENT OF RECOVERED MATERIALS(2 CFR 200.322) Party shall comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act.The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency(EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. XX. INCORPORATION OF UNIFORM ADMINISTRATIVE REQUIREMENTS The preceding provisions include, in part,certain standard terms and conditions required by FEMA, whether or not expressly set forth in the preceding contract provisions.All contractual provisions required by FEMA are hereby incorporated by reference.Anything to the contrary herein notwithstanding, all FEMA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. Party shall not perform any act,fail to perform any act, or refuse to comply with any County requests that would cause County to be in violation of the FEMA terms and conditions. XXI. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Party acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Party's actions pertaining to this contract. XXII. DHS SEAL, LOGO,AND FLAGS. The Party shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. 8 Attachment D1 CERTIFICATION REGARDING DEBARMENT,SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION —LOWER TIER COVERED TRANSACTIONS (Lower Tier refers to the agency or Party receiving Federal funds, as well as any subPartys that the agency or Party enters into contract with using those funds) As required by Executive Order 12549, Debarment and Suspension, as defined at 44 CFR Part 17, County may not enter into contract with any entity that is debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by the Federal Government from participating in transactions involving Federal funds. Party is required to sign the certification below which specifies that neither Party nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by the Federal agency. It also certifies that Party will not use, directly or indirectly, any of these funds to employ, award contracts to, engage the services of, or fund any Party that is debarred, suspended, or ineligible under 44 CFR Part 17. Instruction for Certification 1. By signing and submitting this proposal,the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definition and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this agreement that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in 9 a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous.A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Nonprocurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause.The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment,Suspension, Ineligibility an Voluntary Exclusion—Lower Tier Covered Transactions 1. The prospective lower tier participant certifies, by submission of its proposal,that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Party Signature Date 10 Attachment D2 CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies,to the best of his or her knowledge and belief,that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant,the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loan, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Party Signature Date 11 *0 00 homeless IFOHE3.) solutions Temporary Homeless Response During COVID- 19 April 20, 2020 '' `*-70 State Mandated COVI D- 19 Homeless Requirements • The COVID-19 pandemic has necessitated a rapid response from all • levels of government • As part of the response, the State of California ' .w has ordered that all counties provide emergency shelters to isolate homeless ` ' individuals to help flatten the curve and prevent added strain on the health care system a COVID- 19 and Homelessness rMsolutions • Homeless individuals are highly susceptible to COVID-19 health complications and can further spread the virus without adequate shelter facilities • Higher mortality rates for the homeless • Increased risk of community transmissions • Overtaxing the health care system homeless solutions Orange County Requirements • Based on the State order, Orange County is responsible for providing 2,300 shelter beds • Based on staff discussions with the County, it appears that some type of homeless response will be deployed in every city in Orange County • County officials have shared that they would like to identify shelter options in concert with local agencies • The County will be responsible for all costs and management of any shelter facility stood up during this time t , i . , r Homelessness1t Orange County Response —county h buda'ng o temporary h—es-en RSP—system with he IMee Componemh W11n0d below. kNe 1,muy only corm 1—the a�e„p..""1— - Shelter system Outreach foams Visual Observation • To comply with the Governor's Orders, the Law enforcement Hospitals Access points can conduct Orange County Health Care Agency is Cistminoryscreehecksuch Npa�tfr$rfenPil"' �� as temperature checks providing temporary housing facilities, Illumination Foundation o�pobservations of Heats screening including- Arrange transportation Contact 111UmUtatlpn Determine appropriate ,.Foundation IF af...._._._......, � • Motel and hotel rooms upon tempor upon health screening Complete referral and scree a^d furthe health • Temporary shelters intake 5°r�nkg • Trailers • Sprung structures A nptomahc Asymptomatic, Un5hettereo poputofi—, Ma wlhotel -.di—flyy.)n-.b-e ..c.m;;irmalu- termwo,y QW-Ww '" , � 15• Sprung pruah—w111 b. ..i,d n JcpslIn y—th C•9- a labU hed In the coming Coritnuous heclh (comeq soon) weak. opesnenl to oetermna Able to to corroole oanrtle en . Coruow apes+,errt I., ie-O"y M ooyY a'nB COJD 19 DlScttuge upm--ry Consnuous p.ses5T9n1 tp 5 rtp-WaO 1 becomes C"D-19 10.,1..1rereriu a,On Itthe iMisRquO'beCIXm84 sNmpbmaSC.IF wYl appopi to sne".I—,11w sy r,ptolchc.IF wd unmealctwy Wate s—riediatety aokAe homeless Orange County Efforts To Date solutions • Costa Mesa — 10 trailers at the Fairgrounds • Santa Ana — 22 trailers; emergency shelter from Nat'l Guard Armory • Stanton — Reserved 72 room hotel • Orange — Reserved 127 room hotel • Fullerton — Emergency shelter from Nat'l Guard Armory • Trabuco Canyon — Temporary shelter at a youth center • Laguna Woods — Disputed use of a hotel for medically compromised homeless • Laguna Hills — Disputing similar hotel proposal • Other — we are aware that the County is standing up other facilities as well homeless Possible HB-OC Partnership solutions • During the past few weeks, the City has been proactively working with the County in an attempt to find a mutually- agreeable solution • The County has identified the property at 17631 Cameron Lane as a suitable potential location for a temporary alternative shelter site during the COVID-19 pandemic homeless Potential Temporary • Cameron le'Mol 1 3 I Sla7er Ae'e Slater $I;¢Av alg Bens £ I. 4.iir'�� MF^ �F� ra4.•.•e.oa A yype a/ Potential Temporary Alternative Shelter Site homeless solutions 17631 Cameron Lane I Close to Oak View Police Substation North of Huntington -- Hospital a a man Temporaryhomeless Alternative SPRUNG Tent Structures I r ' � � u � homeless Development of Shelter Site rMsolutions • OC will fund all shelter expenses during COVID-19, including: • All site improvements, including grading, paving, lighting, security, and fencing • Purchase and construction of SPRUNG tent structure • All operational expenses to run the temporary alternative shelter • The development is expected to take 6-8 weeks • City will not bear any capital or operating costs during the partnership period. • While the site is being developed, to meet State requirements, the County will be coordinating the interim use of a local hotel • Of note, the City will be able to access the hotel for our local homeless population, and the facility will not house any COVID-19 or symptomatic patients • The hotel facility also is a transitional facility that is being used until the SPRUNG structure is ready Facility to be Operated by rMsolutions Illumination Foundation • Operating Plan • Shelter would not house individuals who are COVID-19 positive or symptomatic • All clients would be required to sign a User Agreement to adhere to certain rules of conduct • No walk-ins would be allowed, as intake must be pre-arranged with the service provider • Facility's security plan would be reviewed and approved by the City's Police Department homeless When the Shelter Order is Lifted . . . solutions • Based on the agreement we've negotiated with the County, when the State's Order is lifted, all site improvements made by the County would be transferred to City at no cost • The value of the site improvements is estimated at —$2 million • This deal structure would provide the City with an additional resource as we consider how to address homelessness issues locally • Of note, if the City decided to operate the shelter, it would be for an interim period until the affordable housing project is developed • The funding source used to acquire the Cameron Lane site necessitates the future development of an affordable housing project on the property homeless Outreach Plan To Be Deployed solutions • If the proposed Agreement with Orange County is approved, the City and County will engage extensive outreach efforts • HB Homeless Solutions website • Regular news updates during site development • Mailed notices to the surrounding community • Updates provided through our social media and public information channels homeless City Council Options solutions 1 . Authorize the City Manager to execute the Emergency Facility Use Agreement with the County of Orange, in a form approved by the City Attorney, to establish a temporary alternative shelter site at 17631 Cameron Lane to respond to the COVID-19 pandemic; or 2. Do not approve the Agreement. • This may result in the County identifying alternate sites for homeless individuals needing shelter and isolation during the pandemic within the City of Huntington Beach without prior cooperation or agreement between the two parties From: Fikes.Cathy To: Agenda Alerts Cc: Brenden,Patrick;Carr,Kim;Deloleize,Barbara;Fikes.Cathy;Hardy,Jill;Peterson.Erik;Posey,Mike;Semeta, Lyn Subject: FW: MyHB-#282632 City Council[] Date: Friday,April 17,2020 10:07:40 AM From: MyHB <reply@mycivicapps.com> Sent: Friday, April 17, 2020 9:02 AM To: Fikes, Cathy<CFikes@surfcity-hb.org> Subject: MyHB-#282632 City Council [] MyHB New Report Submitted -#282632 Status New Work Order #282632 Issue Type City Council Subtype All Council Members Notes 4-17-20 Honorable Lyn Semeta and City Council Members: I am a resident of Huntington Beach and I support the proposed shelter on the city's Cameron property.This is a wonderful opportunity of the county joining with us to provide homeless housing with the option for Huntington Beach to take it over post-pandemic. Please vote YES on agenda item#7/20-1678.Thank you for your continued efforts to do the right thing. Regards,Gig!Jackson View the Report Reporter Name Gigi Jackson Email gjacksoncooper(a)qmail.com Phone 909-647-5098 Report Submitted APR 1r.2V30'9:u2AM --------------------------------------------------- pwasnupnoto»wnoeoubjemo,owhonmepv^dino. Estanislau, Robin From: annetteberman@twc.com Sent: Sunday,April 19, 2020 6:35 PM To: supplementalcomm@surfcity-hb.org Subject: Agenda Item#7 Shelter on Cameron Lane Dear Mayor and Council Members, I am a resident of Huntington Beach. I am writing to encourage you to vote yes on Agenda Item#7. Unhoused homeless people are particularly vulnerable to illnesses such as Covid19. Providing shelter at this time may help homeless people to be healthier.The fewer people who are exposed to this novel virus the fewer people can spread it. Helping people to receive the services they need may give a boost to finding permanent housing. Thank you for your work on the council. Sincerely, Annette Berman i From: Fikes.Cathv To: Aaenda Alerts Subject: FW:HB City Council Agenda Item#7-Action NEEDED Date: Sunday,April 19,2020 12:29:33 PM Attachments: Lib Book 2017.odf From: Donald Pageler<donpageler@earthlink.net> Sent:Saturday, April 18, 2020 4:38 PM To:CITY COUNCIL<city.council@surfcity-hb.org> Subject: Fw: HB City Council Agenda Item #7-Action NEEDED From: Donald Pageler Sent: Saturday, April 18, 2020 4:18 PM To: city.cou nci I(c0surfcity-h b.org Subject: HB City Council Agenda Item #7-Action NEEDED Dear Council Members, I hardly consider myself an expert on where and how this issue should be handled. I can say that rejecting and wishing it to go away is irresponsible and will just add to the problem. I site my personal experience as an example. On June 8, 1967 the USS Liberty was attacked by Israeli armed forces. The Liberty was a WWII converted cargo ship armed with only 4-50 cal. machine guns. We have been described as the supposedly the most sophisticated listening platform in the world at that time. 70% of our crew were killed or wounded. It has been said we are the most decorated ship in the US Navy including the Medal of Honor for our Captain. When I was debriefed after the attack I was told, "You have the highest security clearance anyone can get in this country. Never talk about this to anyone, including your family." In late 1985 1 began to loose my vision. A doctor told me I should be dead. My blood pressure was 240/145. 1 was collapsing both physically and mentally. If there had not been Vet Center program for Post Traumatic Stress Disorder I surely would have died. I needed someone to listen to our story. If this issue is not dealt with it will grow like a cancer and just get worse. I appreciate the difficulty the council members are in but sweeping it aside and ignoring it will only create a greater problem. Thank you for your time. Donald W Pageler 14182 Elystan Circle Westminster, Ca 92683 Member, Homeless United H 34 DEAD M WOUNDED 4. a. REMEMBER THE USS UBERTYJUNE 8.1967 THE USS LIBERTY STORY On June 8, 1967 the USS Liberty was attacked by the Israeli Air Force and Navy. The Liberty was a converted World War II transport (victory class)ship armed with 4-50 caliber machine guns. She was traveling at 5 knots 13 miles from shore off the Gaza Strip. Without warning,the Israeli Air Force Mirage fighters strafed her,resulting in 820+rocket and cannon holes topside(not to mention over 3000 machine gun hits). After the fighters came Mystere bombers dropping napalm. While the Liberty crew attempted to fight the fires the Israeli Navy sent 3 torpedo boats after her. They fired 5 torpedoes,leaving the Liberty with a 40 foot hole in her starboard side. When the smoke cleared 34 Liberty sailors were dead and 174 were wounded. This represented 70%of the 294 crew members. Those topside said the torpedo boats machine gunned holes in the life rafts that were dropped in the water after the prepare to abandon ship order was issued. The attack started at 2pm local time. At 2:05 the 6th Fleet received a distress call from the Liberty. At 2:09 the USS Saratoga's Captain Joseph Tully Jr.scrambled a squadron of fighters to come to her aid. Half way thru the estimated flight the White House ordered the planes recalled. The torpedo struck the Liberty at 2:35 when 25 of the 34 sailors died. Still today the crew has many unanswered questions. The Israelis admit they had identified the Liberty at their control center 6 hours earlier. The Liberty was in International waters. The Liberty was flying the US Flag,had its name largely printed on the stern and its letter designation on the bow of the ship. During the attack when the flag was shot down,the Holiday flag(7x13ft)was raised in its place.The Israelis claim to have mistaken the ship for the El Quseir which is only 1/4 the displacement of the Liberty. The topside configuration of the old tramp steamer (El Quseir)and the intelligence ship(the Liberty)loaded with communications antennas did not look alike at all.The then Secretary of State (Dean Rusk)can not believe this was a mistake because it involved combined(air and naval)forces. The Israelis say they came out to find the ship that shelled the shore the previous day.Even a Cub Scout can tell you can not shell the shore 13 miles away with 4-50 caliber machine guns. The Israelis say they thought they had us on radar traveling at 30 knots. The top speed of the Liberty was 18 knots and the El Quseir was 14 knots. In fact the Liberty had not exceeded 5 knots while on its station. In addition a declassified top secret State Department Report (obtained thru the freedom of information act)claims the attack was not a mistake. A Lt.Commander in the Judge Advocate Generals Office has written a paper seriously questioning the court of inquiry. The Israelis say no flag was flying. All the Liberty sailors'topside claim it was. The Court found the flag must have hung limp on a windless day. The ships log(windage logged every half hour)stated their was 12 knots of wind. Only 8 knots are needed to fly a flag. Why did the White House deny the 6th fleet the opportunity to come to our aid? Lyndon Johnson's book"The Vantage Point Perspectives of the Presidency 1963-1969"left the reader with the idea the attack resulted in 10 dead and a few wounded. This is a long way from 2/3 of the crew. Why was Captain McGonagle's Congressional Medal of Honor given to him in the Washington Naval Shipyard by the Secretary of the Navy instead of at the Whitehouse by the President like other recipients? Why did the head stone on our Mass Grave in Arlington were six of my shipmates are buried)read,"Died in the Eastern Mediterranean". Only after confrontation was it changed to,"Killed aboard USS Liberty". Political groups in Milwaukee Wisconsin said that bringing up the name of the Liberty was anti-Semitic and the town of Grafton was wrong for naming a library after the ship. Don Pageler-Survivor email: donpageleraearthlink.net Website: http://home.earthlink.net/—donpageler/ ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ TO WHOM IT MAY CONCERN During the actual attack on the USS Liberty I was in the"Research Spaces"-below decks and saw none of the action. I could hear the bombs explode and the rockets as they would penetrate 2 or 3 bulkheads before they detonated inside the ship. As the ship radios were my responsibility I concentrated on ensuring that an SOS got transmitted. Since on their first strafing run the Israelis had concentrated on destroying all of our transmitting antennas,my radiomen were stringing new long wires during the attack. In retrospect we found that we had succeeded in getting an SOS to the Sixth Fleet but no assistance was forthcoming of which more later. I was one of the fortunate ones,that torpedo detonated less than 10 feet from me but the explosion wrapped a steel bulkhead around me shielding me from the full force of the explosion. The twenty years accumulation of paint on the bulkhead also exploded under the intense heat and every square inch of my exposed skin was covered with burned paint. Since my condition was not critical I was med-evaced to the USS America. There excess burned paint was removed and my eyelids were lanced open having been seared shut in the explosion. After I could again see, Radm Geis requested my presence in his cabins. He told me that since I was the senior Liberty survivor on board he wanted to tell me in confidence what had actually transpired. He told me that upon receipt of our SOS aircraft were launched to come to our assistance and then Washington was notified. He said that the Secretary of defense(Robert McNamara)had ordered that the aircraft be returned to the carrier which was done. Radm Geis then said that he speculated that Washington may have suspected that the aircraft carried nuclear weapons so he put together another flight of conventional aircraft that had no capability of carrying nuclear weapons. These he launched to assist us and again notified Washington of his actions. Again McNamara ordered the aircraft recalled. He requested confirmation of the order being unable to believe that Washington would let us sink. This time President Johnson ordered the recall with the comment that he would not embarrass his,allies.This is,to the best of my ability,what I recall transpiring 30 years ago. David E.Lewis Lt Commander(at time of attack) 4 I. i — r - r. r _ �' -. rti r. e.• PEW x'; - � •- `� Ll7i.F_ �ayd•�K`l ��"3Lr�"S;-r ^,_1mr�A .p i 1• �-- 4 .sueyJ .s ` � '�< e RIP { -IS y _ DolnPageleronaftfantail*.1") cketholt!'. 4 m(r • a �t f i � A w wv s a Liberty AGTR 5 (ex-AG 168) Displacement, tons 7190 light - 10,680 full load Dimensions 465.02 x 62 x 24 feet Main engines Turbine; 8500 shp = 18 knots Complement 280 0. r x r El Quseir (ex-Amira Fawzia) Displacement, tons 2640 tons Dimensions 275 x 36 x 14 feet Boilers 2 S.E. (working pressure, 180 lb) Complement 79 Liberty Books and Documentaries List BOOKS: 1. "Assault on the Liberty"by James Ennes (LT. on the Liberty during attack) 2. "The Attack on the Liberty"by James Scott(son of Ensign John Scott, damage Control Officer on the Liberty) 3. "The Liberty Cipher" by Patrick Pacalo 4. "What I saw that Day" by Phil Tourney 5. "Body of Secrets, Anatomy of the Ultra Secret National Security Agency" by James Bamford (Best Seller) 6. "The USS Liberty, Dissenting History vs. Official History" by John E Borne 7. "Operation Cyanide"by Peter Hounam 8. "The Puzzle Palace" by James Bamford VIDEOS: (VHS & DVD) 1. "Attack on the Liberty", The History Channel 2. "Dead in the Water", The BBC 3. "Loss of Liberty" by Tito Howard The President of the United States In the name of The Congress Takes pleasure in presenting the Medal of Honor to McGonagle, William L. McGonagle, William L. Rank and organization:Captain(then Comdr.) U. S.Navy, U.S.S. Liberty(AGTR-5). Place and date: International waters, Eastern Mediterranean, 8-9 June 1967. Entered service at. Thermal, Calif. Born: 19 November 1925, Wichita, Kans. Citation: For conspicuous gallantry and intrepidity at the risk of his life above and beyond the call of duty. Sailing in international waters,the Liberty was attacked without warning by jet fighter aircraft and motor torpedo boats which inflicted many casualties among the crew and caused extreme damage to the ship. Although severely wounded during the first air attack, Capt. McGonagle remained at his battle station on the badly damaged bridge and, with full knowledge of the seriousness of his wounds, steadfastly refusing any treatment which would take him away from his post, he calmly continued to exercise firm command of his ship. Despite continuous exposure to fire, he maneuvered his ship, directed its defense, supervised the control of flooding and fire, and saw to the care of the casualties. Capt. McGonagle's extraordinary valor under these conditions inspired the surviving members of the Liberty crew, many of them seriously wounded,to heroic efforts to overcome the battle damage and keep the ship afloat. Subsequent to the attack, although in great pain and weak from the loss of blood, Captain McGonagle remained at his battle station and continued to command his ship for more than 17 hours. It was only after rendezvous with a U.S, destroyer that he relinquished personal control of the Liberty and permitted himself to be removed from the bridge. Even then, he reffused much needed medical attention until convinced that the seriously wounded among his crew had been treated. Capt. McGonagle's superb professionalism, courageous fighting spirit, and valiant leadership saved his ship and many lives. His actions sustain and enhance the finest traditions of the U.S. Naval Service. The President of the United States of America takes pleasure in Presenting the PRES1DEN ZONAL UNIT CITA11 ON to USS LIBERTY (AGTR-5) for service as set forth in the following CITATION: For exceptionally meritorious and heroic achievement on 8 June 1967 during an armed attack by foreign aircraft and motor torpedo boats while sailing on an assigned mission in international waters in the Eastern Mediterranean. Very shortly after noon, LIBERTY was attacked without warning by foreign jet fighter aircraft and motor torpedo boats and suffered major topside damage from strafing aircraft, serious damage amidships from direct torpedo hit, and heavy casualties to the crew, the ship's radar, most of the external communications capability, all of the life rafts, and most of the ship's boats were lost due to the severity of the damage inflicted,the resulting fires,and exploding gasoline stored topside. Although two thirds of the crew were killed or wounded,those surviving displayed outstanding professionalism, undaunted spirit, and extraordinary heroism in their efforts to save their ship. Following the directions of their Commanding Officer,they contained and extinguished the various fires cased by the attacks, and fought to control the flooding caused by the torpedo hit. Medical teams cared for the seriously wounded, expeditiously performing a task both great and difficult. Taking a vital part in the wide variety of actions necessary to save their ship and their shipmates, all surviving crew members were instrumental in returning LIBERTY one thousand miles safely to port. Their exceptional courage, perseverance, and devotion to duty reflect the highest credit upon themselves and the UNITED STATES NAVAL SERVICE. Lyndon Johnson Im" This is my statement of the USS Liberty's impact on my life. On June 8th, 1967 the USS Liberty was attacked without warning by Israeli defense forces. The Liberty was a converted WWII cargo (Victory class ship). She was armed with only 4—50 caliber machine guns good for repelling boarders. When the Mirage fighters left the Liberty they had inflicted 820+rocket and cannon holes and over 3000 machine gun hits. They were followed by Mystere bombers dropping napalm. While the crew of the Liberty tried to fight the fires the Israeli's brought out 3 torpedo boats that fired 5 torpedoes at the Liberty. One hit left a 40 foot hole in the starboard side. The Liberty was attacked at 2pm. At between 2;05 and 2:09 the Liberty transmitted a distress call. The Saratoga scrambled plains to come to her aid within 15 to 20 minutes of receiving the distress call. The flight was recalled by Secretary of Defense Robert McNamara, Adm Geis sent a second flight from both the Saratoga and the America 90 minutes later. These flights were also recalled by McNamara. Geis then challenged his order by asking him to authenticate his message. President Lyndon Johnson told Geis to recall the planes. "I do not care if everyone dies; I am not going to embarrass my allies." The attack lasted between 1 hour and 15 minutes and 2and a half hours (depending on what you call the end). The Liberty saw no Americans until the following morning. 9 sailors died during the air attack and 25 in the torpedoed spaces (where I worked). 174 of my shipmates were wounded including my self. We then sailed the ship 1000 miles for 6 days and put her in dry-dock in Malta. We recovered the bodies from the torpedoed spaces and civilians repaired the ship for return to Little Creek, Virginia. During the attack I was assigned to repair party III on the mess decks. In that this was my first duty station after school in Pensacola, my assigned job was to be in charge of a submergible pump. There was no need for a submergible pump during the air attack,so some one told me to go to the bridge and retrieve wounded. I am not sure how many trips I made with wounded. After the torpedoes hit I took the submergible pump forward to the torpedoed spaces. Of course with a 40 foot hole in the side a submergible pump was of no use. After the order to seal the compartment,I returned to the mess deck to help with the badly wounded. The only real memory I have of this time was when Doctor Keipfer told me to lie down next to a man he was going to operate on. They stuck a needle in me and ran a tube to my shipmate for a transfusion. Later that day or the next I remember helping take the body bags of the 9 killed topside to the refrigerator. Of my duties on the way to Malta 2 things stand out. I stood duty in the passage way on the starboard side of the torpedoed spaces. I was given a little one battery flash light which put out very little light. The room smelled of fuel oil. I was told to watch the K shoring to make sure none of it gave way. The other duty I remember was down in shaft alley were the drive drive shaft runs from the engine room back to the screw. If we exceeded 5 knots the ship began to shake. I was told to watch to see if any cracks developed in the ship. If we started taking on water I was told to use the head phones and tell the bridge to order abandon ship. I thought,that's fine for everyone else but I will be stuck here in the bottom of the ship. The torpedo hit were I worked in the research spaces (commonly called the spook shack). When we reached Malta and put the ship in dry-dock, having the top secret crypto security clearance,I was one of the first to go down to the torpedoed spaces to cleanup. Within the first 15 to 20 minutes,I picked up a piece of equipment. Under it was an arm. I knew whose arm it was. Although it had been soaked in salt water for a week,Phil Tiedke was a body builder and I could tell by the muscle structure it was his. It was like having an out of body experience. One of me said, "you have to find the rest of the pieces of his body and make sure they all get in the same body bag." Another one of me was saying,"they are all blown apart,just put it in a bag and get on with it." Of the 2 days I spent down there cleaning up that is all I remember. I went on liberty for a day or 2 and was flown back to Norfolk. When I arrived in Norfolk I was debriefed. I was told,"You have the highest security clearance anyone can get in this country. Never speak about this to anyone including your family." 2 days later I was home in Kansas on 30 days leave wondering,what the hell happened to me. After my release from active duty in March of 1970, I returned to Kansas and achieved a Bachelors Degree in Business Administration from the University of Kansas. In 1985 I began to loose my vision. I could no longer see the center strip in the road while driving. An optometrist looked in my eyes and said I had a physical problem, not and eye problem. He referred me to a doctor who came in looking as white as a sheet after running his tests. He told me I should have died a long time ago. One of my major organs should have popped. My blood pressure was 240/145. He said it had been that way for a long time to the damage to the eyes. Luckily I was having strokes in the retina of my eyes, instead of my heart or brain, where it could have killed me. I worked with Greg Jarvis who was on the Challenger shuttle when it blew up. After that I started having nightmares. Late in that year I drove off the San Diego Freeway on my way home to Orange County from work at Hughes Aircraft Co. in El Segundo balling like a baby. I cried for 10 minutes before I realized I was thinking about the Liberty. My doctor put me on heavy blood pressure medication. Fora year and a half, it only came down to 140 to 180/100 to 140. During that year and a half my 20 year marriage dissolved. In February of 1987 1 found out about Post Traumatic Stress Disorder(PTSD)while watching a Simon & Simon episode. I finally called the VA hospital in Long Beach. They said they did not treat that at their facility. The closest Vet Center to me was 5 blocks north of Disneyland. Within a month of being able to talk about the Liberty both blood pressure numbers dropped 30 points. In the late 1990's I came down with Type II diabetes. While my doctor says stress is not the cause, he believes stress has contributed greatly to the severity of the disease. I have included a medical study to this fact. I attended group therapy from April 1987 to March 1990. During that time I had to confront many issues. One night in group a Marine from Viet Nam looked at me and said, "You guys got screwed as bad if not worse than anyone I knew in Viet Nam. You have every right to be as angry as you can be. But it is your anger. What are you going to do about it?" It took me over 4 years to answer that question. I would never write congress. I am not stupid. I have a college degree. I knew they would not do anything about it. Finally I realized the way I was going to get rid of my anger by giving it to congress. I wrote every California and Kansas congressman and senator a 3 page letter with 30 pages of documentation. They all passed the buck back to my local congressman, Dana Rohrabacher. He asked me to come in and see him. He looked at me and said, "I have read everything you have written and all the material you sent me. There is no way I believe this was a mistake on the part of the Israeli's. But I have to tell you, congress will not touch this until after there is peace in the Middle East." That will not be in my life time. But I succeeded in getting rid of my anger(at least to a great degree). This man that fancies himself a supporter of Veterans had to face me and say your right and we don't have the courage to do anything about it. Another issue was the memory. I remember bits and pieces of the attack but can not feel comfortable with a time line. Most days I know how I spent my days, even if I do not remember every second. But the attack is just remembering specific items. I can not place them on a time line and know exactly how it went. One night I went to my counselor's office after group. I asked him if he thought I should get hypnotized to remember the rest of the 2 days cleaning up in the torpedoed spaces. He told me I would have to make that decision. If it was something during the attack and I had an issue of cowardice it might be worthwhile. But this was a week after the attack was over. It is only the minds way of protecting you from pain. That made sense intellectually, but it still gnawed at me emotionally. It was 9 months after leaving group that I stopped and told him, I am finally ok with the lack of memory. In 1993 1 married (Eva Garcia) after dating for 6 years. When we started dating she said I shook like the old veterans at the VA. One good thing from group was I came out of my shell and went to Palm Springs and became friends with my Captain. William L McGonagle was born in my home state of Kansas, He grew up in Thermal, CA and graduated from Coachella Valley High School. He retired in Palm Springs (the other end of the valley). He shared much about his childhood with my (wife) Eva and 1. When speaking in public, he would hold his Medal of Honor and say, "I wear this for my whole crew. I stayed at my post for 17 hours because I was so inspired that my crew was not giving up their efforts to save the ship." Between 1995 and 2004 1 was vice president, secretary, treasurer, and newsletter editor of the Liberty Veterans Assoc. Bill McGonagle died on March 3, 1999. Between November 1999 and May 2004 I was a part of getting McGonagle's star on the Walk of Stars in Palm Springs, attended the dedication of Bills stone in Indian Wells and McGonagle Plaza at Coachella Valley High School, and helped organize and dedicate the USS Liberty Tree at the Coachella Valley historical society in Indio. In 1997 I got the Navy Memorial to put on a month long display about the Liberty in Washington DC. I retired from Hughes Aircraft Co (now Boeing) in February 2002. I continue the battle for recognition of our service to our country. Today I still shake when I am stressed. http:/Av-tvw.foia.cia.gov/sites/default/files/docum en t_co nversions/89801/D©C 0001359157.pdf FEB. 7.2007M 9:27 _.._�„rs,,�"'•""`ENO.�2C�""r�+.'P.?",ry, .r' '';, �.�7,'ti''Yi:''�:;i+ •' ,i• "„ ::'.{ +�J:li ",.;' •� .•..• •..L. •+.�ryn.y �1� . ,jti.' ice•°y;►t_, .q'�4 •, ..`•. ti ''k•i �.t' y'.{ tTyf��,�:. '"e;ii• �} r.•! .F�:+ 'y/,�••`�1!•• `+. v�y�•Sl t �.�• .�',•t�• t.!!.•l.�,�,1•�'/��'� i,�i�.�,, '► k 'Ln'+• .r�;tie• w�..•.ti,+. .r i,A..)'♦w�•�l. 1 i�sk..t'�,•trQ�..;••1 +1'.i. ti1,.L,., X8'';51:$.F'.#•.� All 'I�IG4L /' omc •ice }•'••r+ `•S b �• •r' +' ' •,�,,+f�• hk'a7tei�al a'na;i�Mtorniatan t r sihtcq� tht,f�4Rono!•aelen:o of i�e lJnitsd'Staeai�w'il,ta L,a mc��n9 el ti+•Ctpiounya Ia,.., fide .Is;U.S:C:Sees.793.an?179.,ON tramtniaimt a rovvw;od 'w",in any mwmae to os mmalimud parson is pr+Ivibii.d by IvV.�• `' oiVta.LLID clss�M O-O;>t-�'Y am'=,a•L ` CCttN� TRY �SinBZ' REPORT NO. 3 03-6r ,h SU8IEC3 Prospects for IoUtical AmbMUM4 WE DISTL 9 Rbv 67 , st of I•Yattho Dayaa/Attack ov GSS '' •� • ' Ltbery_ Ordered by beyea NO. PAGES i + REFERENCES. DATE oi: INFO. Oct 67 ' PLACE 6 DA E 6CQ. !1 viV •• _,_,,�� THIS IS UNEVALUATED IhtFORMATt SOURCE SoRr cc Ss n0xmmUv a s . . +'cf� Bea�'a t'egttix�nzs�' S ' the f1itllitn PoUtimal role 0 1+toehe ns tbat tke ImW Xr,=l %gaits rarelmatioap, the iq" than a Dayao b*-- of beacrjas P,e.= X12jisterr. Tbey rec0®siz0 that ftyan'a appaintM=b nd Mnloter of D.fease prould L4 3mpefte to tha Y=ua VU e=ort. Since then tear, re�os- Bible XM4% e bsVe SLVM and eiotdisnae to giva less cm4it to My= I j and more credit to Gcazma Mola. also roe ' tho Ausbs icetaaE th+D3+e v'13"E ae.a we 8 os satiea peaac with z ImS w bspa is Defense Htnistcr. �. 2. �6i A Utad a4 the ainki" of the US ca q=jcatioas =p.. va Y 4A� t.$0Z'�ryC01& genera +ant Dawn persc= y ordered the rttr4k OIt the Qils aaa=tjy ggyomed tba Delon Dad said, "=A is pure t>Liirder." Om Of tbo adats'a3,s who acts present r alito dieapps'oved 'tbe aation, cad it van be v'bo wdered it atvpp A y .' and , that the attack em444 the us s►, , vgcsei 30 eta a aAY pa tieal OmbI T4 on ' (b) (1) at ' APPROVED FOR (b) (3) 0: RELEASE DATE: MAR 2 0 0 6• I* APPROVED FOR RELEASE x ;.!; DAB READING MEATERIALS dissa~MM on Eire LMOMV.1ho True stwy aP Om lsrner(A hack siren rCn&*&n z -9y ees-.'"T aW LV3'k?s17et3i-q, fMM W..James- sb Jr_ S D ORDER 701-Jinn FO 9xw 789,'M odrfill',t,IVA 33T2 The Atw k on Om Marty-The Ur&6d 3ftwy 0 2-traeft 13ay 's-557 l sswltr n a 1.1-8-Sp,Bh4+,El J3m----Scult orrm--w..._ KEM anemhrr?L 3cM .. 1f�9 *d Favr]7�tP .Psra J s.#erae 82Ya,19E.f MykczustGf 1S Saw kwmw Aboard Vis¢l'S5 Morey nndPrfty Attwxnattr ._ E By U3:3?-'13�eantemr Fhb i bxney.5-d k9w Glerr. VIDE)BS 28 h Annhwrary Keene a3 AMIrKIton tllatloaeal Cecnvbm'.hem vides) ......_:._._.___............................____..__. $• S.C� Ua&LOxfg Eurvtaocs=Ow 31cay-P atick King Dacumrrtrp sr Mdea7 ................__..._.......... ........._. IT Lvr�,c at LO r-New Oetafied=1tm or At ach,and Cover-up-:V S VkLro) .........._____.____...............__._... IT Dohdi in tits Water-E)Dcumeniary:Find out hcw a nucfe r war In the`Mcidle East was axes:-J ar it,=hM r.,muie 03VD or $20.1111 Vrs) ... E39,jabhut11oo3orrTeeSt6ld-kM,1,X-1,and'XX!-� -------.-----------------------------------............... .............. 1ri3L'� vtelhewaBlankalhIp&L 04 EDGE,abipMatM-lea Slit-(M.+,3C>_,xiXX-) ............................................. $15:I311 Gray■)Blank St'+r,)a2LoGt NizzErinG-reeShIrt-4M,:1,XL,anr5XXQ ..--_.....__..__.._.."."-...-"--.................. 517-130 GM 8hht White OR henry OR Blanlr kaaah wfM tam dflahlmpp- L,M-,any XXL) ................. _................_ $37.L'0 his Lflbaj2yC*kry Jaa63G br,-LLnod navy bluer nytm ftMo-4M,are]XX.t1 .. ..............._..._................... $5J.M UZ*Ltbej*Eta&tba C;bp-$adds Fabeflq.Kilt iiath wlflm Pihln 61I _...-"- -.. ..... 'v1=• ' U98 MoitySaLehaM Cap-3altdl Fabslle,MA MOS11■'tflm 3oe Mbbd EQVG ..: .................... . .........._.__. 4!<8$LC.XrtVUn`Gtreabff&dGOU] at-NaVyOT3an ------ ............................................. ?1=0+3 MEMORABIUA USE L9m3dy-B=peTSbu>ear....................................................................................... # :!-M USE Liborly3ayman .........................................................,............................... $ A-DD USE YlShWyClgimw`W 1-fafter-Zlp-pn,9rusred Grawrnr_ShIp lmrgnlaon One Side and 80haueLle m 1h,M OChsr --------- #Mm =DLL UE,&Learly- Oulp-----------------------------------------------------L................................. 17S8 MpPatnts-tdu#ilcalorad,l0 mhroidered,3Inch ......_......_...__._.... _... ....... _......... $ EDl3 USE,d.1bady+aJdpFminh-Mulflcef'ormd,Y a`mbroldexedl,5Inet. ................................................. $ Him USE,J:.PiadyllhlpPzinh-Atuillcnlor=4,10D%=mbroldEred,10,hsct. .................................................. USE LAbarty0e@n................................................................................................ $"O.M NMF=- ADDRESS: ,Cffy: STATE: OP: PI-{ONF-- EMML �P E FAH Ti?T3t L W AXE CHE I(SPAV BLE Ll t%�n=JET s��hl3 1'aTis .�'� :' . a�sS• i i`25 L'�-R�"!?i�td�&5�"' ` .ARC. '" 5� .e' "��5:.x>y��`1'tYi�L{� '. I Maw: SO Mmst gi g%mh g&'AV!3 ''ME NEWSLETTERD El . Lkeny News is the vffcca9 " cif.the USS OBERTY Veterans Association -a C -iDrnia nlnprufit, to exernpt cwpora6on Tepreseryfing ahe USS LIBERTY SuMhrors and fw,mar Wkir bens*, t*7z famEes, and oft patriabc Arneriewn. The yreadyf subsv ipf Dn rate is SMOD for an associate member(fDamer and non mew enembe 4 Due to Du small s.ze, howeoer,vie cannDt on subscriptions- We are graleM to,.and r heaver qM arm man Mo wivatwity,dcnate more generw*wifth each passing year. Make yoar ra3r-dedircuMe cimck payaibfe w- LVA,CIO Pie r,PO Box!5BDrM%MariEfta,CA 3DD58 Send ar&Jes and hEms ofkireresa m_ Wayne Ke5ey.&_,Liberty Beards Roaci,t lDnh Chesterfield,VA 23238 MEMBERS Emie Gallo- )°44M&M Start WhIe- -r, 15)3 2DO6 ,lacks Beatfie-Ph: (M)794-21105 Glenn, Oliphant- -(651)42c�1 95 B Low -Ph:f417573&3DBB M-',. 11 - l d M NIP 1, From: Fikes.Cathv To: Agenda Alerts Subject: FW:Agenda#7 Date: Sunday,April 19,2020 12:31:04 PM -----Original Message----- From:Jean Folkestad<jfolkestad2@hotmail.com> Sent:Saturday,April 18,2020 4:38 PM To:CITY COUNCIL<city.council@surfcity-hb.org> Subject:Agenda#7 I have sent an email telling our mayor that I am in favor the agenda#7. We need to help the homeless. I have lived in HB for for 53 years. I have how seen how our city has grown. It's time to help the poor instead of the rich. Thanks for listening to me. Sylvia Jean Folkestad Sent from my iPhone From: Fikes.Cathv To: Aaenda Alerts Subject: FW:Agenda Item#7 Date: Sunday,April 19,2020 3:35:11 PM From:Gina Clayton-Tarvin <mrsclaytontarvin@gmail.com> Sent:Sunday,April 19, 2020 12:34 PM To:CITY COUNCIL<city.council@surfcity-hb.org> Cc:Gates, Michael<Michael.Gates@surfcity-hb.org>; Estanislau, Robin<Robin.Estanislau@surfcity- hb.org> Subject:Agenda Item #7 Dear Honorable Mayor Lyn Semeta and Council members, As a longtime HB resident and current president of the board of trustees for the Ocean View School District, I ask you to consider Agenda Item# 7, Emergency Facility Use Agreement Between the County of Orange and the City of Huntington. I ask you to vote to approve this agreement today.This is a collaborative agreement and part of a comprehensive plan to shelter an extremely vulnerable population during this COVID19 pandemic. The proposed site is in the Oak View community, a neighborhood that I represent, and under normal circumstances, I would oppose due to its proximity to our Oak View School and students. However,these are extraordinary times, and something must be done to aide our fellow human beings. Students are not currently at school, and I feel that this shelter needs to be established for those in our city that do not have the coronavirus, but are within the most vulnerable category to contract the virus. Please vote YES on Agenda Item#7. Sincerely, Gina Clayton-Tarvin CONFIDENTIALITY NOTICE: This communication and any documents, files, or previous e- mail messages attached to it, constitute an electronic communication within the scope of the Electronic Communication Privacy Act, 18 USCA 2510. This communication may contain non-public, confidential, or legally privileged information intended for the sole use of the designated recipient(s). The unlawful interception, use, or disclosure of such information is strictly prohibited under 18 USCA 2511 and any applicable laws From: Fikes.Cathv To: Acenda Alerts Subject: FW:City Council Meeting Agenda Item#7 Date: Sunday,April 19,2020 12:28:16 PM From:Joclyn Sire <joclynsire@yahoo.com> Sent:Saturday, April 18, 2020 5:02 PM To: CITY COUNCIL<city.council@surfcity-hb.org> Subject: City Council Meeting Agenda Item #7 1 lonorable City Council members, Perhaps you have already seen correspondence from me,as I have emailed each of you individually. Below is the content of those emails,in case you would like to discuss it together. Thank you for all that you do on behalf of our community! As a resident of Huntington Beach for 21 years,I am very proud of our community—its accomplishments,its history, and the way it continues to evolve and improve in the 20 Century. However,I am concerned about the most vulnerable of our citizens,especially during this era of the Coronavirus Pandemic.I am referring to our homeless population,who are most at risk of contracting the disease. Over my 21-year sojourn in Huntington Beach,I have watched homelessness become more and more prevalent.I have long worried about the people I meet on street corners,in parks,at freeway exits,and at entrances to strip malls,who have no home to return to. It is inevitable that the conditions under which homeless persons live lead to deteriorating health,both physical and mental.Also inevitable is an escalation of the spread of COVID-19 among these individuals,who have no means of "sheltering in place." It would be irresponsible to turn a blind eye to the problem,and fail to take action,increasing the threat to the public at large,both housed and unhoused. That is why I urge you to vote yes on the Emergency Facility Use Agreement at the upcoming city council meeting this Monday.I understand that this is a collaborative agreement between Huntington Beach and the County of Orange that would allow a temporary shelter site to be established for homeless persons and mitigate their risk of contracting COVID-19.I also understand that this would come at no or low cost to our city.This is a truly urgent matter in a truly unprecedented time for Huntington Beach.I trust you will seriously weigh all the options on the table and make a responsible choice on behalf of all of us. Thank you for your consideration. Sincerely, Joclyn Rabitt-Sire From: Fikes.Cathv To: Agenda Alerts Subject: FW:Item agenda 7 Date: Sunday,April 19,2020 12:33:40 PM -----Original Message----- From:Annie<abeningt@gmail.com> Sent:Saturday,April 18,2020 3:14 PM To:CITY COUNCIL<city.council@surfcity-hb.org> Subject:Item agenda 7 1 fully support item agenda#7.Please carefully consider the imperative need for housing the homeless,particularly during this time of pandemic.Please adopt programs like the roomkey initiative established by governor Gavin Newson in that's being implemented in multiple other counties. Kind regards,Annie Benington Sent from my iPhone From: Fikes.Cathv To: Agenda Ale is Subject: FW:Support of Agenda item#7 Date: Sunday,April 19,2020 12:28:53 PM From: Michelle Kerns<mkerns1230@gmail.com> Sent:Saturday, April 18, 2020 4:50 PM To: CITY COUNCIL<city.council@surfcity-hb.org> Subject:Support of Agenda item #7 Dear Huntington Beach City Council Members, I am an active member of Homeless United Huntington Beach, and am writing in support of Agenda item#7, the facility use agreement between the County of Orange and the City of Huntington Beach. This is a win-win opportunity for County and City, and our residents who are housed and those who are not, to work together to change perceptions, pretenses, and most importantly, people's lives, now and for the future. The Jamboree project for permanent supportive housing is in process and helping our most vulnerable with this first step of a temporary shelter site, where they can begin receiving wrap around services, love and care is essential. I have hope and faith in God, and in you, the government, that has been appointed and is on His shoulders, as it is written. I have walked in the shoes of many of those struggling on the streets, and I am a witness to the successful outreach of God and country, and to the amazing life of peace, love, faith and freedom I now enjoy. I stand in victory with HUHB, Huntington Beach City Council, City residents and County of Orange, as we work together to empower and elevate the lives of all Huntington Beach residents. Yours in Christ, Michelle Kerns