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Home My WebLink About2021-03-15 Agenda Packet AGENDA City Council/Public Financing Authority Regular Meeting Monday, March 15, 2021 at 4:00 PM MAYOR AND CITY COUNCIL KIM CARR, Mayor TITO ORTIZ, Mayor Pro Tem BARBARA DELGLEIZE, Councilmember DAN KALMICK, Councilmember NATALIE MOSER, Councilmember ERIK PETERSON, Councilmember MIKE POSEY, Councilmember Virtual Location Huntington Beach, CA STAFF OLIVER CHI, City Manager MICHAEL E. GATES, City Attorney ROBIN ESTANISLAU, City Clerk ALISA BACKSTROM, City Treasurer On March 17, 2020, Governor Newsom issued Executive Order N-29-20, which allows a local legislative body to hold public meetings via teleconferencing, and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body. PUBLIC PARTICIPATION/ZOOM ACCESS: In keeping with the Governor’s mandate to limit in -person gatherings that can spread COVID-19, the Monday, March 15, 2021 meeting of the Huntington Beach City Council will be held virtually. The City offers several ways to view City Council meetings live or on-demand. Council meetings are livestreamed on HBTV Channel 3 (replayed on Tuesday’s at 10:00 a.m., and Wednesday’s at 6:00 p.m.). In addition, live and archived meetings for on-demand viewing can be accessed from https://huntingtonbeach.legistar.com/calendar, or from any Roku or Apple device by downloading the Cablecast Screenweave App and searching for the City of Huntington Beach cha nnel. PUBLIC COMMENTS: At 6:00 PM, individuals wishing to attend the meeting to provide a comment on agendized or non - agendized items may enter Zoom Webinar ID 971 5413 0528 via computer device, or by phone at (669) 900-6833. The Webinar can be accessed here: https://huntingtonbeach.zoom.us/j/97154130528. Attendees utilizing computer devices to request to speak may select the “Raise Hand” feature in the Webinar Controls section. Attendees entering the Webinar and requesting to speak by phone can enter *9 to enable the “Raise Hand” feature, followed by the *6 prompt that unmutes their handheld device microphone. Once the Mayor opens Public Comments, speakers will be provided a 15-minute window to raise their hands, and will be prompted to speak when the City Clerk announces their name or the last three digits of their phone number. Speakers are encouraged, but not required to identify themselves by name. Each person may have up to 3 minutes to speak, but the Mayor, at her discretion, may reduce the time allowance if warranted by the volume of calls. The Public Comment process will only be active during designated portions of the agenda (Public Comment and/or Public Hearing). After a speaker concludes their comment, their microphone will be muted, but they may remain in Webinar attendance for the duration of the meeting. Members of the public unable to attend the Zoom Webinar but interested in communicating with the City Council on agenda- related items, are encouraged to submit a written (supplemental) communication via email at SupplementalComm@Surfcity- hb.org, or City.Council@surfcity-hb.org. Supplemental Communications are public record, and if received by 2:00 PM on Monday, March 15, 2021, will be distributed to the City Council prior to consideration of agenda-related items, posted to the City website, and announced, but not read, at the meeting. Supplemental Communications received following the 2:00 PM deadline will be incorporated into the administrative record the following day. MEETING ASSISTANCE NOTICE: In accordance with the Americans with Disabilities Act, services are available to members of our community who require special assistance to participate in public meetings. If you require special assistance, 48-hour prior notification will enable the City to make reasonable arrangements for an assisted listening device (ALD) for the hearing impaired, American Sign Language interpreters, a reader during the meeting and/or large print agendas. Please contact the City Clerk's Office at (714) 536-5227 for more information AGENDA March 15, 2021City Council/Public Financing Authority 4:00 PM - COUNCIL CHAMBERS CALL TO ORDER ROLL CALL Peterson, Kalmick, Ortiz, Carr, Posey, Moser, Delgleize City Attorney Michael Gates has requested permission to be absent pursuant to City Charter Section 309(d) ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS (3 Minute Time Limit) - Anyone wishing to provide a comment on a Study Session or Closed Session item may join Zoom Webinar ID 971 5413 0528 via computer device, or by calling (669) 900-6833 (see agenda cover sheet for request to speak instructions). Individuals will be prompted to speak when the Clerk announces their name or the last three digits of their phone number. Speakers are encouraged, but not required to identify themselves by name. Each speaker may have up to 3 minutes to speak; however, the time allowance may be reduced if warranted by the volume of speakers STUDY SESSION 21-1841.Mid Year Joint Meeting of the Citizen Participation Advisory Board (CPAB) and City Council to review Community Development Block Grant (CDBG) Recommendations 2021-22 - Staff and CPAB Committee Roll Call - Citizen Participation Advisory Board: Mike Massie (Chair); Peter Andres (Vice-Chair); Gigi Jackson (Secretary); Parna Ghosh; Macey Lachman 21-2272.City Facility Capital Project Update RECESS TO CLOSED SESSION CLOSED SESSION 21-2443.CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of Page 1 of 6 AGENDA March 15, 2021City Council/Public Financing Authority Section 54956.9 (Deciding Whether to Initiate Litigation): Number of cases, one (1) - File lawsuit re Appeal of Southern California Association of Governments (SCAG) Final Regional Housing Needs Assessment (RHNA) Methodology for the Sixth Housing Element Cycle. 6:00 PM – COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING ROLL CALL Peterson, Kalmick, Ortiz, Carr, Posey, Moser, Delgleize City Attorney Michael Gates has requested permission to be absent pursuant to City Charter Section 309(d) PLEDGE OF ALLEGIANCE INVOCATION In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation. 21-1194.Charlie Niederman of Temple Beth David in Westminster and member of the Greater Huntington Beach Interfaith Council CLOSED SESSION REPORT BY CITY ATTORNEY AWARDS AND PRESENTATIONS 21-1765.Mayor Carr to present the Making A Difference award to Tayna Hoxsie of the Boys and Girls Club of Huntington Valley 21-2006.Orange County Human Relations presents its 2020 Annual Report 21-2017.Mayor Carr to present the Mayor’s HB Excellence Award to Laura Jenkins, Library Services Clerk ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS (3-Minute Time Limit) - At approximately 6:00 PM, individuals wishing to Page 2 of 6 AGENDA March 15, 2021City Council/Public Financing Authority provide a comment on agendized or non-agendized items may join Zoom Webinar ID 971 5413 0528 via computer device, or by calling (669) 900-6833 (see agenda cover sheet for request to speak instructions). Individuals will be prompted to speak when the Clerk announces their name or the last three digits of their phone number. Public comments will only be heard during this portion of the agenda. Speakers are encouraged, but not required to identify themselves by name. Each speaker may have up to 3 minutes to speak; however, the time allowance may be reduced if warranted by the volume of speakers COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES CITY MANAGER'S REPORT 21-2258.Mobile Crisis Response Unit Update CONSENT CALENDAR 21-1959.Approve and Adopt Minutes Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated March 1, 2021, as written and on file in the office of the City Clerk. Recommended Action: 21-21810.Approve appointments to the Human Relations Task Force (HRTF) as recommended by City Council Liaisons, Mayor Kim Carr and Councilmember Natalie Moser A) Approve the appointment of Debbi Parrott as a member of the Human Relations Task Force through December 31, 2023, the end of term for the current vacancy; and, B) Approve the appointment of Chris Hoff as a member of the Human Relations Task Force through December 31, 2021, the end of term for the current vacancy . Recommended Action: 21-19111.Adopt Resolution No. 2021-14 ordering the Summary Vacation of an Easement over a portion of Third Street in the City of Huntington Beach; and, authorize recordation with the Orange County Recorder A) Adopt Resolution No. 2021-14, “A Resolution of the City Council of the City of Huntington Beach Ordering the Summary Vacation of an Easement Over a Portion of Third Street in the City of Huntington Beach;” (Attachment 2) and , Recommended Action: Page 3 of 6 AGENDA March 15, 2021City Council/Public Financing Authority B) Instruct the City Clerk to record Resolution No. 2021-14 and the respective, attached exhibits with the Orange County Recorder. 21-19412.Accept the lowest responsive and responsible bid and authorize execution of a construction contract with All American Asphalt in the amount of $2,614,115 for the Residential Overlay of Maintenance Zone 3, CC-1618 A) Accept the lowest responsive and responsible bid submitted by All American Asphalt in the amount of $2,614,115; and , B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Recommended Action: 21-22013.Approve and authorize execution of the First Amended and Restated Memorandum of Understanding (MOU) Between the City of Huntington Beach and the Friends of the Huntington Beach City Junior Guards (FJG) Approve and authorize the Mayor and City Clerk to execute the “First Amended and Restated Memorandum of Understanding Between the City of Huntington Beach and the Friends of the Huntington Beach City Junior Guards.” Recommended Action: 21-20214.Approve and authorize execution of an Agreement with Public Sector Personnel Consultants, Inc. (PSPC) to conduct a Citywide Classification and Compensation Study Approve and authorize the Mayor and City Clerk to execute “Professional Services Contract Between the City of Huntington Beach and Public Sector Personnel Consultants, Inc. for a City-Wide Classification and Compensation Study” in the amount of $175,000. Recommended Action: 21-23715.Approve a Professional Services Contract with Carl Warren & Company for Liability Claims Administration Services Approve and authorize the Mayor and City Clerk to execute the agreement, “Professional Services Contract Between the City of Huntington Beach and Carl Warren & Company Liability Claim Investigation and Processing ,” in the amount of $309,000 for three (3) years, and delegate authority to the City Manager to execute any extensions thereto. Recommended Action: Page 4 of 6 AGENDA March 15, 2021City Council/Public Financing Authority ADMINISTRATIVE ITEMS 21-21916.Approve a recommended Action Plan and authorize execution of Amendment No. 1 to the Contract between the City of Huntington Beach and Soundskilz, Inc., for the 2021 4th of July Celebration in light of the ongoing COVID-19 pandemic A) Direct staff to proceed with a modified version of the traditional 4th of July Celebration , as approved by the Fourth of July Executive Board , to include a neighborhood parade, home decorating contest, Pier Plaza Festival, modified 5K run, and fireworks show; and , B) Approve and authorize the Mayor and City Clerk to execute “Amendment No. 1 to Professional Services Contract Between the City of Huntington Beach and Soundskilz, Inc. for the Production and Management of the Annual Fourth of July Celebration.” Recommended Action: 21-22117.Consider Establishment of a City Council Ad-Hoc Committee to Perform a Formal Review of the City’s Current Boards, Commission, and Committee Structure Establish a 3-member City Council Ad-Hoc Committee, comprised of the Mayor and two (2) Council Members, to perform an assessment of the City’s overall board, commission, and committee structure. Recommended Action: 21-22818.Approve and authorize execution of Contract Amendment No. 1 with Kimley-Horn, Inc. for preparation of the 6th Cycle Housing Element in an amount not to exceed $52,900 for Public Outreach Approve and authorize the Mayor and City Clerk to execute “Amendment No.1 to Professional Services Contract Between the City of Huntington Beach and Kimley-Horn, Inc. for the 6th Cycle Housing Element Update.” Recommended Action: ORDINANCES FOR ADOPTION 21-24119.Adopt an Emergency and Interim Ordinance No. 4229, Establishing Limitations on Third-Party Food Delivery Fees Five Affirmative Votes are required to adopt per Charter Section 501 Recommended Action: Page 5 of 6 AGENDA March 15, 2021City Council/Public Financing Authority Adopt Ordinance No. 4229, “An Emergency and Interim Ordinance of the City of Huntington Beach Establishing Limitations on Third-Party Food Delivery Fees.” COUNCILMEMBER ITEMS 21-24320.Submitted by Mayor Carr - Consider directing staff to analyze and assess Zoning Code and Parking Requirement adjustments to facilitate ongoing Outdoor Dining and Retail Operations after the pandemic I recommend that the City Council direct staff to analyze and develop options for updating the City’s zoning code and parking standards to allow for a permanent expansion of outdoor dining and retail services on private property. Recommended Action: 21-24221.Submitted by Councilmember Kalmick - Elimination of two staff level committees - Environmental Assessment Committee (EAC) and Subdivision Committee I recommend that the City Council direct staff to prepare the ordinances and/or resolutions necessary to comply with relevant State law to eliminate both the EAC and the Subdivision Committee and to roll those existing functions into the appropriate review body. Recommended Action: COUNCILMEMBER COMMENTS (Not Agendized) ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Monday, April 5, 2021, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT http://www.huntingtonbeachca.gov Page 6 of 6 City of Huntington Beach File #:21-184 MEETING DATE:3/15/2021 Mid Year Joint Meeting of the Citizen Participation Advisory Board (CPAB) and City Council to review Community Development Block Grant (CDBG) Recommendations 2021-22 - Staff and CPAB Committee Roll Call - Citizen Participation Advisory Board: Mike Massie (Chair); Peter Andres (Vice-Chair); Gigi Jackson (Secretary); Parna Ghosh; Macey Lachman City of Huntington Beach Printed on 3/10/2021Page 1 of 1 powered by Legistar™ City of Huntington Beach File #:21-227 MEETING DATE:3/15/2021 City Facility Capital Project Update City of Huntington Beach Printed on 3/10/2021Page 1 of 1 powered by Legistar™ City of Huntington Beach File #:21-244 MEETING DATE:3/15/2021 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of Section 54956.9 (Deciding Whether to Initiate Litigation): Number of cases, one (1) - File lawsuit re Appeal of Southern California Association of Governments (SCAG) Final Regional Housing Needs Assessment (RHNA) Methodology for the Sixth Housing Element Cycle. City of Huntington Beach Printed on 3/10/2021Page 1 of 1 powered by Legistar™ City of Huntington Beach File #:21-119 MEETING DATE:3/15/2021 Charlie Niederman of Temple Beth David in Westminster and member of the Greater Huntington Beach Interfaith Council City of Huntington Beach Printed on 3/10/2021Page 1 of 1 powered by Legistar™ City of Huntington Beach File #:21-176 MEETING DATE:3/15/2021 Mayor Carr to present the Making A Difference award to Tayna Hoxsie of the Boys and Girls Club of Huntington Valley City of Huntington Beach Printed on 3/10/2021Page 1 of 1 powered by Legistar™ City of Huntington Beach File #:21-200 MEETING DATE:3/15/2021 Orange County Human Relations presents its 2020 Annual Report City of Huntington Beach Printed on 3/10/2021Page 1 of 1 powered by Legistar™ City of Huntington Beach File #:21-201 MEETING DATE:3/15/2021 Mayor Carr to present the Mayor’s HB Excellence Award to Laura Jenkins, Library Services Clerk City of Huntington Beach Printed on 3/10/2021Page 1 of 1 powered by Legistar™ City of Huntington Beach File #:21-225 MEETING DATE:3/15/2021 Mobile Crisis Response Unit Update City of Huntington Beach Printed on 3/10/2021Page 1 of 1 powered by Legistar™ City of Huntington Beach File #:21-195 MEETING DATE:3/15/2021 REQUEST FOR COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Robin Estanislau, CMC, City Clerk PREPARED BY:Robin Estanislau, CMC, City Clerk Subject: Approve and Adopt Minutes Statement of Issue: The City Council/Public Financing Authority regular meeting minutes of March 1, 2021, require review and approval. Financial Impact: None. Recommended Action: Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated March 1, 2021, as written and on file in the office of the City Clerk. Alternative Action(s): Do not approve and/or request revision(s). Analysis: None. Environmental Status: Non-Applicable. Strategic Plan Goal: Non-Applicable - Administrative Item Attachment(s): 1.March 1, 2021 CC/PFA regular meeting minutes City of Huntington Beach Printed on 3/10/2021Page 1 of 1 powered by Legistar™ Minutes City Council/Public Financing Authority City of Huntington Beach Monday, March 1, 2021 4:00 PM — Virtual Zoom Meeting 6:00 PM — Virtual Zoom Meeting Huntington Beach, California 92648 A video recording of the 4:00 PM and 6:00 PM portions of this meeting is on file in the Office of the City Clerk, and archived at www.surfcity-hb.org/government/agendas/ 4:00 PM — Virtual Zoom Meeting CALLED TO ORDER — 4:00 PM ROLL CALL Present: Peterson, Kalmick, Ortiz, Carr, Posey, Moser, and Delgleize Absent: None ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental communications that were received by her office following distribution of the Council Agenda packet: Study Session #1. (21-180) PowerPoint communication titled City of Huntington Beach Planning Commission and City Council Study Session submitted by Ursula Luna-Reynosa, Director of Community Development. PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS (3 Minute Time Limit) — None STUDY SESSION 1. 21-180 Joint Study Session of the Planning Commission and City Council to receive an overview on the 6th Cycle Housing Element process and public outreach plan City Manager Oliver Chi introduced this item, provided a brief background, and introduced Director of Community Development Ursula Luna-Reynosa, Nicolle Aube, Associate Planner, and Jennifer Villasenor, Deputy Director of Community Development. ROLL CALL for Planning Commission Present: Alan Ray (Chair); Kayla Acosta-Galvan; Connie Mandic; Oscar Rodriguez; John Scandura; Gracey Van Der Mark (arrived at 4:22 pm) Absent: Brendon Perkins (Vice-Chair) Council/PFA Regular Minutes March 1, 2021 Page 2 of 14 Director of Community Development Ursula Luna-Reynosa introduced Kimley-Horn and Associates, Inc., Consultants Nick Ken, Senior Planner; Molly Mendoza, Associate Planner; and Dave Barquist, Principal, who presented a PowerPoint communication entitled City of Huntington Beach Planning Commission and City Council Study Session with slides titled: Agenda, Background, What is a Housing Element, Housing Element Benefits, Housing Element Features, Regional Housing Needs Assessment, Huntington Beach RHNA Numbers, Comparison of 5th Cycle vs 6th Cycle Allocations, Housing Legislation, Statutory Requirements for Housing Elements(2), New Statutory Requirements, Community Engagement, Community Engagement Timeline, Community Engagement Opportunities, and Thank You. Planning Commissioner Scandura asked for the website address and electronic copies of flyers and fact sheets as soon as they are available. Commissioner Scandura and Mr. Barquist discussed the process for selecting projects and sites, as well as keeping the public informed. Councilmember Moser, in an effort to provide public transparency and interaction, asked that the additional tools mentioned be defined and their cost be included for the next meeting, as well as the policy statement. Councilmember Posey stated his desire to maximize community engagement throughout this process, encouraged the consultants and staff to review any bills or legislation that could incentivize development, and noted that there is a lot of Regional Housing Needs Assessment (RHNA) information already available at the Southern California Association of Government (SCAG) website at www.scag.ca.gov, which can be accessed by anyone interested in being well informed and educated. Planning Commissioner Ray asked that a population density study that compares Huntington Beach with other cities in the County be included to assist in making decisions, and confirmed the projected timeline. Councilmember Delgleize stated the importance of explaining the drastic change of RHNA numbers. Councilmember Kalmick shared his thoughts on the Circulation Element vs. Housing Element, micro community concept, walkability, project esthetics, the need to be cognizant of what real estate market opportunities and needs are, and looking at creative plan options that have never before been considered in Huntington Beach. Mayor Carr stated her support for Councilmember Moser's comments regarding community outreach and involvement as part of the solution. She further explained her opinion that this process is about how to create housing options that help people move to the next level while also providing an opportunity to begin building wealth through home ownership. RECESSED TO CLOSED SESSION — 4:53 PM A motion was made by Posey, second by Ortiz to recess to Closed Session for Items 3 and 4. CLOSED SESSION ANNOUNCEMENT 2. 21-188 Mayor Carr announced: Pursuant to Government Code § 54957.6, the City Council takes this opportunity to publicly introduce and identify designated labor Council/PFA Regular Minutes March 1, 2021 Page 3 of 14 negotiator, City Manager Oliver Chi; also in attendance Travis Hopkins, Assistant City Manager, to discuss the recruitment / appointment of the Chief of Police CLOSED SESSION 3. 21-185 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.): The City Council shall recess into Closed Session to meet with its designated labor negotiator, Oliver Chi, City Manager; also in attendance Travis Hopkins, Assistant City Manager, to discuss the recruitment / appointment of the Chief of Police 4. 21-190 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Gov. Code section 54956.9(d)(1).) Name of case: City of Huntington Beach v. Surf City Beach Cottages, et al.; OCSC Case No. 30-2016-00874885 6:00 PM — VIRTUAL ZOOM MEETING RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:03 PM ROLL CALL Present: Peterson, Kalmick, Ortiz, Carr, Posey, Moser, and Delgleize Absent: None PLEDGE OF ALLEGIANCE — Led by Councilmember Peterson INVOCATION In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation. 5. 21-118 Mark Currie of Bahai’ of Huntington Beach and member of the Greater Huntington Beach Interfaith Council CLOSED SESSION REPORT BY CITY ATTORNEY — None AWARDS AND PRESENTATIONS 6. 21-175 Mayor Carr proclaimed the month of March 2021 as Women’s History Month Mayor Carr explained that Women's History Month is an opportunity to highlight women who have made significant contributions to our community. Each week during March the City's social media platforms will highlight the technological, artistic or cultural achievements of one woman, and each Friday of the month HBTV will showcase a Women's History Marathon which will include the documentary, Huntington Beach Mayor's Reflection: 100 Year Anniversary of the 19th Amendment. Mayor Carr presented Certificates of Proclamation to Former Mayor Lyn Semeta, City Historian Kathie Schey, and Videographer Matt Liffreing for collaborating to produce the documentary in 2020. Each Council/PFA Regular Minutes March 1, 2021 Page 4 of 14 honoree expressed appreciation for the acknowledgement and stated their pleasure at being in the right place at the right time to be involved. 7. 21-183 Mayor Carr presented a proclamation for California Arbor Day to the Huntington Beach Tree Society Mayor Carr provided a brief background on the history of Arbor Day, which is acknowledged every year on March 7th, and acknowledged Huntington Beach Tree Society and Chief Volunteer Jean Nagy, who manages the planting and maintenance of many trees throughout the City, educates the public through programs and events, and noted this is an organization that totally operates with volunteers. More information about activities and volunteer opportunities can be found at www.hbtrees.org. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meeting" Act, City Clerk Robin Estanislau announced supplemental communications that were received by her office following distribution of the Council Agenda packet: City Manager's Report #8. (21-179) PowerPoint communication titled E-Bike Safety Education and Enforcement Plan submitted by Sean Crumby, Director of Public Works. #8. (21-179) Nine (9) emails received regarding the proposed E-Bike enforcement practices on the beach pedestrian path. #9. (21-181) PowerPoint communication titled Interstate 405 Improvement Project Update Huntington Beach City Council submitted by Orange County Transportation Authority (OCTA) Consent Calendar #15. (21-168) Twelve (12) emails received regarding Short-Term Rental (STR) Permit Fees. Administrative Items #19. (21-177) PowerPoint communication titled CalPERS UAL Pension Debt Refinancing Option Review submitted by Dahle Bulosan, Chief Financial Officer. #19 (21-177) Memo submitted by Dahle Bulosan, Chief Financial Officer, indicating minor grammatical changes were made to Resolution No. 2021-19. #19. (21-177) Two (2) emails received regarding CalPERS UAL Pension Bond Refinancing. PUBLIC COMMENTS (3 Minute Time Limit) — 7 Speakers via Zoom The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in the archived video located at http://www.surfcity-hb.org/government/agendas. Caller #528, Craig Bradford, a nearly 30-year resident of Huntington Beach, was invited to speak and stated his opposition to banning e-bikes on the beach pedestrian path. (01:14:43) Kathryn Levassiur, a resident of Huntington Beach and Co-Founder of Huntington Beach Short-Term Rental Alliance, was invited to speak and stated her opposition to the same permit fee amount for both hosted and non-hosted short-term rentals for Consent Calendar Item No. 15. (21-168) regarding Council/PFA Regular Minutes March 1, 2021 Page 5 of 14 Resolution No. 2021-18 (Supplemental Fee Resolution 13), establishing Short-Term Rental (STR) Permit Fees. (01:18:24) Richard Dennison, a 40-year resident of Huntington Beach, was invited to speak and stated his opposition to banning e-bikes on the beach pedestrian path, and asked that Council consider education, signage and enforcement before implementing a ban. (01:20:57) Chad Kroeger was invited to speak and described how he and his friend JT have been hassled at Van's Off-the-Wall Skate Park, and asked that Mayor Pro Tem Ortiz personally intervene on their behalf to stop the harassment. (01:22:27) Tony Duran, EV Rideables Owner, was invited to speak and stated his opposition to banning e-bikes on the beach pedestrian path without looking at options such as different rules for different areas of the City, and he offered to share his insight from 30 years of experience in sports and recreation industries. (01:24:12) Anthony Tassone, Founder of GreenKey Technologies, was invited to speak and stated that police body camera audio analytics is the future of policing and offered a free trial of their service. (01:26:50) Cathi Livingston, a 22-year Huntington Beach homeowner, was called to speak and stated her support for legalizing short-term rentals, but asked that Council consider reducing the permit fee, and also follow the example of other cities and utilize the services of Airbnb to actually collect City fees. (01:28:45) CITY MANAGER’S REPORT 8. 21-179 E-Bike Enforcement Practices on the Beach Pedestrian Path City Manager Chi introduced Public Works Director Sean Crumby who presented a PowerPoint communication titled E-Bike Safety with slides entitled: E-Bikes During Pandemic, E-Bike Industry Sales, Electric Bike: E-Bike, E-Bike Regulations, Beach Path Conflict, HB Municipal Code 13.08.280, Initial City Response: Education and Enforcement, Safety Reminders, City Response Plan Going Forward, and Questions. Councilmember Delgleize and Director Crumby discussed that community input is a planned part of the process moving forward and clarified current regulations. Councilmember Moser stated her support for a mobility study, and emphasized the importance of public safety. Director Crumby stated that staff will try to get started on the mobility study as soon as possible, and briefly outlined the information that could be collected. Interim Police Chief Julian Harvey reviewed education and enforcement efforts, and explained the goal is to prevent injuries. Councilmember Posey explained that the Orange County Parks Commission has had extensive discussions on this issue, and he believes it is necessary to coordinate Huntington Beach ordinances with State beach and County trail bike ordinances since Huntington Beach trails intersect with both. Councilmember Kalmick requested to see traffic engineering studies, suggested possibly small tweaks such as striping or bumps could help to immediately slow traffic down, and asked for a discussion to define what the bike trail is actually for. Council/PFA Regular Minutes March 1, 2021 Page 6 of 14 Mayor Carr stated she does not want to trade one safety issue for another such as moving bicycles to Pacific Coast Highway, and believes it is necessary to evaluate if the City’s service vehicles, bicyclists and pedestrians can safely use the existing service road. 9. 21-181 Representatives from Orange County Transportation Authority (OCTA) presented a status report on the 405-Widening Project Public Works Director Sean Crumby introduced OCTA guests Jeff Mills, Project Manager, and Chris Boucly, Communications Manager, who jointly presented a PowerPoint communication entitled: Interstate 405 Improvement Project Update with slides titled: Project Location and Key Features, Background, Construction Update(6), Bridge Construction Map, Engagement Strategies, and Upcoming Outreach. Councilmember Delgleize and OCTA Manager Boucly discussed details related to the increasing number of participating stakeholders and communication methods being used. Mayor Carr and OCTA Manager Mills discussed various impacts to the project timeline, which is currently expected to be completed by approximately mid-2023. Councilmember Kalmick and OCTA Manager Mills discussed details on the closures for construction of the Newland and Warner bridges, light synchronization for Beach Boulevard and Edinger Avenue, and education on the toll lanes. COUNCIL COMMITTEE — APPOINTMENTS — LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES Councilmember Kalmick reported attending a meeting of the Broadband Council; discussion with Granicus iLegislate application representatives; participating in the Orange County Sanitation District Virtual Tour of the Sanitation Facility; speaking with members of the Huntington Beach Police Officers' Association (HBPOA) and the Huntington Beach Firefighters' Management Association (HBFMA); receiving a League of Cities Housing Update; attending a meeting of the Jet Noise Commission; Orange County Power Authority; Public Bank LA Town Hall Information Session; Homeless United; and reported he was appointed to the Policy Committee for Southern California Association of Government (SCAG). Councilmember Posey reported attending meetings with Orange County Council of Governments (OCCOG); Orange County Vector Control with a tour of the potential new headquarters building; Huntington Beach Police Management Association (HBPMA); and reminded everyone of the Thursday, March 4, Southern California Association of Government (SCAG) Policy Committee meeting which will include discussion on the Regional Housing Needs Assessment (RHNA), followed by a meeting of the SCAG Regional Council. Councilmember Moser reported attending meetings with the League of California Cities Round Table on Homelessness; Homeless Task Force; West Orange County Water Board; walking the area around Harriett Wieder Park to get a better picture of parcel ownership and neighborhood concerns; speaking with Huntington Beach Police Officers' Association (HBPOA) and HB Fire Management Association (HBFMA) members; Homeless United; walked with Wound Walk OC in Edison Park; speaking at a meeting for Scout Troop 568G; Central Park Subcommittee; OC Crime Prevention Network; Finance Council/PFA Regular Minutes March 1, 2021 Page 7 of 14 Commission; speaking at Golden West College Gamma Alpha Sigma meeting about homelessness; participating in Week 3 of 5 for UCI's Public Policy Program; and participating in two pop-up events offered by Wound Walk OC with support from the Police and Fire Departments for unhoused residents which offered showers, mental and health care connections for services. Councilmember Delgleize reported attending meetings of the Jet Noise Commission; Central Park Subcommittee; Metropolitan Water; Kiwanis Event Planning, and noted the upcoming Saturday, April 3, Easter Event Drive-thru at Central Park. Councilmember Peterson reported meeting with the Harbor Commission, with Mayor Pro Tem Ortiz, and Huntington Beach Police Officers' Association (HBPOA) members. Mayor Pro Tem Ortiz reported meeting with Homeless United; Pacific Events Committee; and the Harbor Commission. Mayor Carr reported attending the Orange County Sanitation Virtual Tour; and meetings of the Planning Commission; Intergovernmental Relations Committee; HBTV Communications Committee; and meeting with members of the Huntington Beach Police Officers' Association (HBPOA). CONSENT CALENDAR Councilmember Kalmick pulled Consent Calendar Item #15 for further discussion. 10. 21-171 Approved and Adopted Minutes A motion was made by Delgleize, second Kalmick to approve and adopt the City Council/Public Financing Authority regular meeting minutes dated February 16, 2021, as written and on file in the office of the City Clerk. The motion carried by the following vote: AYES: Peterson, Kalmick, Ortiz, Carr, Posey, Moser, and Delgleize NOES: None 11. 21-106 Adopted Resolution No. 2021-13 authorizing submittal of a Grant Application to the California Department of Resources Recycling and Recovery for Rubberized Asphalt Concrete (RAC) A motion was made by Delgleize, second Kalmick to adopt Resolution No. 2021-13, "A Resolution of the City Council of the City of Huntington Beach Authorizing Submittal of Applications for all CalRecycle Grants for which the City of Huntington Beach is Eligible." The motion carried by the following vote: AYES: Peterson, Kalmick, Ortiz, Carr, Posey, Moser, and Delgleize NOES: None 12. 21-162 Approved and authorized execution of Amendment No. 1 to Cooperative Agreement No. C-8-1882 for the Orange County Enhanced Mobility for Seniors and Council/PFA Regular Minutes March 1, 2021 Page 8 of 14 Disabled (EMSD) Grant Program between the Orange County Transportation Authority (OCTA) and the City of Huntington Beach A motion was made by Delgleize, second Kalmick to approve and authorize the Mayor to execute "Amendment No. 1 to Cooperative Agreement No. C-8-1882 Between the Orange County Transportation Authority and City of Huntington Beach" for a term of May 23, 2019, through September 30, 2023. The motion carried by the following vote: AYES: Peterson, Kalmick, Ortiz, Carr, Posey, Moser, and Delgleize NOES: None 13. 21-173 Authorized the Public Works Director to request a two-year extension from the Orange County Transportation Authority for the City’s Project V Grant for the Huntington Beach Southeast Rideshare Pilot Program A motion was made by Delgleize, second Kalmick to authorize the Public Works Director to request a two-year extension of the timeframe for the City's Project V Grant for the Huntington Beach Southeast Rideshare Pilot Program. The motion carried by the following vote: AYES: Peterson, Kalmick, Ortiz, Carr, Posey, Moser, and Delgleize NOES: None 14. 21-164 Adopted Resolution No. 2021-16 authorizing the application for a Drinking Water State Revolving Fund (DWSRF) Grant to fund the proposed Old Pirate Lane State Small Water System (SSWS) Consolidation project, and designated the Director of Public Works as an authorized representative for the application A motion was made by Delgleize, second Kalmick to adopt Resolution No. 2021-16, "A Resolution of the City Council of the City of Huntington Beach Approving the Application for Drinking Water State Revolving Grant Funds From the California Water Resources Control Board" to fund the proposed Old Pirate Lane State Small Water System Consolidation project; and, designate the position of Public Works Director as the authorized representative of the City of Huntington Beach, on behalf of the Old Pirate Lane State Small Water System, to sign documents pertaining to the funding application. The motion carried by the following vote: AYES: Peterson, Kalmick, Ortiz, Carr, Posey, Moser, and Delgleize NOES: None 15. 21-168 Adopted Resolution No. 2021-18 (Supplemental Fee Resolution 13), establishing Short-Term Rental (STR) Permit Fees; adding a Code Enforcement Officer I and Code Enforcement Officer II to the Table of Organization; and amending the City’s Fiscal Year 20-21 Budget to the extent necessary to accommodate such expenditures Council/PFA Regular Minutes March 1, 2021 Page 9 of 14 Councilmember Kalmick pulled this item to allow for discussion with Community Development Director Ursula Luna-Reynosa and staff to clarify permit costs, enforcement, and full cost recovery. Director Luna-Reynosa explained that the time required by staff to properly inspect for health and safety issues and review paperwork for permits is the same regardless of whether the permit is for a hosted or un- hosted short-term rental. In summary, a good operator will have a one-time cost of $589 the first year, with an annual cost of $306, unless there is a need for code enforcement which results in costs being charged to the operator. Director Luna-Reynosa also explained that Airbnb and Expedia can be involved in the process for collecting Transient Occupancy Tax (TOT), but they are not able to break the payment down by property and provide details that the Finance Department needs. Councilmember Kalmick, Director Luna-Reynosa and City Manager Chi discussed expected revenue at various levels of actual collection for enforcement costs, and it was explained the Council has the option to not collect actual costs, but the proposed fees would be needed if Council's intention is for full cost recovery. Councilmember Delgleize and Director Luna-Reynosa reviewed previous Study Session discussions related to the increased potential for TOT income if the short-term rentals were approved for both hosted and un-hosted operators. Mayor Carr stated her support for approving the $589 cost as the fee for the first two years, and the $306 renewal fee to apply at Year 3 and beyond. Mayor Carr and Director Luna-Reynosa discussed considerations for what Airbnb or other platforms utilize to collect TOT income, and Mayor Carr expressed her support for maximum detail and transparency, which the other platforms may not be able to provide. Councilmember Kalmick and Director Luna-Reynosa discussed possible amendments to the ordinance after the program is implemented. Councilmember Posey and Director Luna-Reynosa discussed annual fire extinguisher certifications after the first year physical inspection will be self-certification through the annual renewal process. A motion was made by Carr, second Delgleize to adopt Resolution No. 2021-18, "A Resolution of the City Council of the City of Huntington Beach Establishing Short-Term Rental Permit Fees by Amending Resolution 2016-59, as Resolution 2016-59, as Amended by Resolution Nos. 2017-28, 2017-44, 2017- 46, 2018-01, 2018-29, 2018-48, 2018-55, 2019-07, 2019-19, 2020-37 and 2021-17, Which Established a Consolidated Comprehensive Citywide Master Fee and Charges Schedule (Supplemental Fee Resolution 13)"; and, authorize the addition of a Code Enforcement Officer I and Code Enforcement Officer II to the Table of Organization; and, amend the City's Fiscal Year 20-21 Budget to the extent necessary to accommodate such expenditures, as amended to approve a Permit Fee of $589 for the first two (2) years, and $306 per year starting with year 3. The amended motion carried by the following vote: AYES: Peterson, Kalmick, Ortiz, Carr, Posey, Moser, and Delgleize NOES: None 16. 21-192 Adopted Resolution No. 2021-20 (Carr Park Renovation) approving the application for Statewide Park Development and Community Revitalization program Grant Funds to the State of California Department of Parks and Recreation for Carr Park Council/PFA Regular Minutes March 1, 2021 Page 10 of 14 A motion was made by Delgleize, second Kalmick to adopt Resolution 2021-20, "A Resolution of the City Council of the City of Huntington Beach Approving the Application for Statewide Park Development and Community Revitalization Program Funds (Carr Park Renovation)." The motion carried by the following vote: AYES: Peterson, Kalmick, Ortiz, Carr, Posey, Moser, and Delgleize NOES: None 17. 21-170 Adopted Ordinance No. 4228 to amend Chapter 13.10 of the Huntington Beach Municipal Code Prohibiting the Storage of Personal Property on Public or Private Property Introduced 2/16/21 — Approved as amended 6-1 (Peterson - No) A motion was made by Delgleize, second Kalmick to, after the City Clerk reads by title, adopt Ordinance No. 4228, "An Ordinance of the City of Huntington Beach Amending Chapter 13.10 of the Huntington Beach Municipal Code Prohibiting the Storage of Personal Property on Public or Private Property." The motion carried by the following vote: AYES: Moser, Kalmick, Delgleize, Ortiz, Carr, and Posey NOES: Peterson PUBLIC HEARING 18. 21-172 Adopted Resolution No. 2021-17 (Supplemental Fee Resolution 12), establishing Fees and Charges for Use and Operator Permits for Group Homes and Sober Living Homes and Hourly Billing Rates for Code Enforcement Services City Manager Chi introduced Senior Planner Hayden Beckman who presented a PowerPoint communication entitled Fees and Charges for Use with slides titled: Special Use Permit (SUP), Conditional Use Permit (CUP) and Operator's Permit (OP), Code Enforcement, and Questions. Mayor Carr opened the Public Hearing. City Clerk Robin Estanislau announced there were no public speakers. The Public Hearing was closed by Mayor Carr. A motion was made by Peterson, second Delgleize to adopt Resolution No. 2021-17, "A Resolution of the City Council of the City of Huntington Beach Establishing and Updating Use Permit and Operator Permit Fees for Group Homes and Sober Living Homes and Hourly Billing Rates for Code Enforcement Services by Amending Resolution 2016-59, as amended pursuant to Resolution Nos. 2017-28, 2017- 44, 2017-46, 2018-01, 2018-29, 2018-48, 2018-55, 2019-07, 2019-19, 2019-87 and 2020-37, Which Established a Consolidated Comprehensive Citywide Master Fee and Charges Schedule" (Supplemental Fee Resolution 12). Council/PFA Regular Minutes March 1, 2021 Page 11 of 14 The motion carried by the following vote: AYES: Peterson, Kalmick, Ortiz, Carr, Posey, Moser, and Delgleize NOES: None ADMINISTRATIVE ITEMS 19. 21-177 Adopted Resolution No. 2021-12 authorizing the refinance of the City’s Unfunded Accrued Liability Account Balance through the Sale of Taxable Pension Obligation Bonds to Refund All or a Portion of the City’s Obligation to the California Public Employees’ Retirement System, and authorizing the Execution and Delivery of a Bond Purchase Contract and a Continuing Disclosure Certificate and the Preparation of an Official Statement and Other Matters Related Thereto; and, authorized and approved Certain Actions with Respect Thereto; and, Adopted Resolution No. 2021-19 Adopting the City’s Unfunded Accrued Pension Liability Policy City Manager Chi presented a PowerPoint communication entitled CalPERS UAL Pension Debt, Refinancing Option Review with slides titled: Current FY 2020/21 Budget Situation, Fiscal Threats On The Horizon, Near Term UAL Budgetary Impacts, UAL Pension Refinance Option Review, Assessment Completed To Date, CalPERS Background, How Do Public Pension Costs Work?, Three Different Pension Cost Areas, City of Huntington Beach Pension Cost Areas, UAL Payments Driving Pension Cost Increases, $436 Million in UAL Debt, UAL Payment Structure Similar To A Mortgage, UAL Cost Increase Impact On HB, City of Huntington Beach UAL Payments Amounts, So...What Do We Do Now?, What Are Our Options?, Refinancing Yields $170.1M In Savings, CalPERS UAL vs. POB Refinance, CalPERS Costs vs. Refinance Costs, Why Is Refinancing Cheaper?, At Least 30 California Agencies Have Refinanced Pension Costs In The Past Year, Low Interest Rate Environment Starting To Show Signs Of Stress, Inflationary Pressures Would Require Higher Borrowing Costs, Why Shouldn't We Refinance?, Reasons Why Refinancing Could Be A Bad Idea(2), Reasons Why Refinancing Makes Sense(3), Budgetary Impacts, Refinancing @ 100%, 90%, & 80%, Refinance 100% of UAL Debt Load, Refinance 90% of UAL Debt Load, Refinance 80% of UAL Debt Load, UAL Policy Also Developed, UAL Pension Funding Policy, Accelerated Repayment Schedule, Refinance 100% of UAL Debt Load, Refinance 98.3% of UAL Debt Load, Refinance 95% of UAL Debt Load, Refinance 90% of UAL Debt Load, Refinance 85% of UAL Debt Load, Refinance 80% of UAL Debt Load, City Council Options, and Questions. Councilmember Posey stated he still does not support this action because the amount of the debt fluctuates up and down; however, if this item is approved for Obligation Bonds, the taxpayers are then obligated to pay $436M, an amount that will not change. He also stated that if the Council wanted to increase sales tax it would have to go to the voters for approval, and believes this item should also go to the voters to decide whether to approve or not. Councilmember Kalmick stated he sees this proposal as a straight refinancing, and the only cash-flow risk he sees is if suddenly the return on investment for CalPERS goes to 10% or 12%. Councilmember Kalmick stated his support for refinancing 98.3% of the pension obligation, and recommended bringing a Finance Policy to the next Charter Commission versus adopting an ordinance to lock it in. He further explained he supports the delta into a stabilization account with 50 percent (50%) of the surplus going into the Trust 115 account, bringing this action back for codification, and placing it on the 2022 ballot so the voters can weigh in on the policy going forward. Council/PFA Regular Minutes March 1, 2021 Page 12 of 14 Councilmember Delgleize stated support for Councilmember Kalmick's comments especially at this time of low interest to plan for a disciplined method to address this liability. Councilmember Delgleize expressed her opinion that most likely CalPERS will experience much improved investment returns over the next 10 to 15 years just because of their recent leadership change and expected market change, but she still supports the plan to refinance and make the plan statutory. Councilmember Peterson stated his opinion that the reason this problem exists is due to CalPERS investment strategy, and added that if Washington, DC does send stimulus funds which the State shares with CalPERS, Huntington Beach would miss out on any potential benefit if this action were approved. He also expressed concerns about the implications of union negotiations for increases should the bond pass be approved. Councilmember Peterson shared his opposition to the item, discussed being aware that other cities have been sued for making the same decision without voter approval, and stated his opinion that 100% of bond sale funds should be set aside for only pension obligations. Councilmember Moser stated her support for the comments made by Councilmembers Kalmick and Delgleize, and stated her concern about seeing the expected increased payments without the ability to increase revenues, and cutting services is not an option in her mind. She expressed her support for a strategy that creates a new pension funding policy that includes increased savings amount, accelerated repayment schedule, and locking in terms. Mayor Pro Tem Ortiz stated his opposition to this item because of the size of the obligation, the unstable stock and bond markets as the world pulls out of the COVID-19 crisis, and current uncertainty about the Federal stimulus response. Mayor Carr stated cities have three options for revenue: taxes, return on investments, and fees. She also stated her opinion that neither CalPERS nor the City are going to be able to invest their way out of this situation, and she is most comfortable with financing at 80% which she believes also addresses the stranded asset issue, plus UAL payments at 50%. She added there would also be the need to do more belt tightening, and the fiscally responsible thing to do is take advantage of the current low interest rates. Mayor Carr and City Manager Chi discussed the implications her recommendation will have on the UAL policy. Councilmember Delgleize and City Manager Chi reviewed the differences between the 80 percent and 90 percent options modeling, and Councilmember Delgleize stated her continued support for the 100 percent model. Councilmember Kalmick and City Manager Chi discussed the amount of Federal stimulus funds that Huntington Beach might receive and use as Council chooses. City Manager and Consultant Donald Field, Partner, Public Finance, Orrick Herrington & Sutcliffe LLP, discussed details related to legal challenges with pension obligation bonds, and Consultant Field explained the process of validation Huntington Beach has completed has pre-empted the opportunity for legal objections, and a judge has issued a judgment that the bonds would be valid. Councilmember Kalmick clarified with City Manager Chi how the remaining CalPERS balance, if only 80% is refinanced, would be paid off annually at a fixed payment based on a 7% interest rate. Councilmember Kalmick stated his willingness to look at supporting 85% refinancing and clarified that Council/PFA Regular Minutes March 1, 2021 Page 13 of 14 this is not "new" money that can be used for other obligations, therefore he supports conserving the savings. Councilmember Delgleize, City Manager Chi and Mayor Carr discussed determining the amounts to refinance and put into savings bearing in mind this effort is to prevent the system from crumbling, and is not producing any new revenue. Mayor Carr expressed her support for an 80% refinance and 50% savings in the UAL Policy. Councilmember Moser clarified with Councilmember Kalmick that his preference is to put 100% into the UAL Policy every year going forward, and he stated he could support 100% for the first year and 50% in succeeding years. Councilmember Delgleize stated her support for 100% the first year and 50% in succeeding years, as did Councilmember Moser and Mayor Carr. Councilmember Kalmick restated his support for an 85% refinancing as that option will reduce the projected debt level down much faster. Mayor Carr stated her support for refinancing at 85%. Councilmember Peterson stated he hopes to see as much attention given to the real problem of unsustainable pensions, added his opinion that this action is just kicking the can down the road, and suggested that pension reform become a priority. Mayor Carr agreed with Councilmember Peterson that current pensions are an unsustainable issue, a problem that was not created by this Council, but this Council must do something under the situation to prevent having to cut services. Councilmember Posey stated he still cannot support this action, and added that it appears the Council majority will approve what he considers the least bad option. He f urther stated his opinion that the real problem is the poor investment return being achieved by CalPERS, and added that solving the issue is going to take a team effort between labor groups, municipalities, and City Councils to demand higher returns from CalPERS. A motion was made by Kalmick, second Delgleize to adopt Resolution No. 2021-12, "A Resolution of the City Council of the City of Huntington Beach Authorizing the Sale of Taxable Pension Obligation Bonds to Refund All or a Portion of the City's Obligation to the California Public Employees' Retirement System, and Authorizing the Execution and Delivery of a Bond Purchase Contract and a Continuing Disclosure Certificate and the Preparation of an Official Statement and Other Matters Related Thereto; and, authorize the City Manager and City Clerk to take all administrative and budgetary actions necessary to perform the bond issuance; and, adopt Resolution No. 2021-19, "A Resolution of the City Council of the City of Huntington Beach Adopting the City's Unfunded Accrued Pension Liability Policy" as amended to refinance 85% of the overall UAL debt load; and, revise Ex A of Resolution No. 2021-19 (Unfunded Accrued Liability Pension Funding Policy) by increasing the first year POB debt service payment savings in the Section 115 Trust to 100%, and 50% thereafter (which would then continue in perpetuity, and would be adjusted annually by CPI). The amended motion carried by the following vote: AYES: Moser, Kalmick, Delgleize, and Carr NOES: Peterson, Ortiz, and Posey Council/PFA Regular Minutes March 1, 2021 Page 14 of 14 COUNCILMEMBER COMMENTS (Not Agendized) Mayor Carr reminded everyone of the COVID-19 Town Hall on Wednesday, March 3, and the Saturday, April 3, drive-thru Easter Event in Central Park. She also noted Huntington Beach Academy for the Performing Arts (HBAPA) is holding their drive-in playlist on March 5 and 6th at First Christian Church, and stated tickets are available online at hbapa.org. Councilmember Moser expressed Council's condolences to the family of Charles Montgomery, owner of Montgomery Jewelers, who unexpectedly passed away. Councilmember Kalmick noted for the record that Councilmember Peterson left the meeting. ADJOURNMENT — at 9:45 PM in memory of Charles Montgomery, to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Monday, March 15, 2021, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT http://www.huntingtonbeachca.gov _________________________________________ City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach and Secretary of the Public Financing Authority of the City of Huntington Beach, California ATTEST: ______________________________________ City Clerk-Secretary ______________________________________ Mayor-Chair City of Huntington Beach File #:21-218 MEETING DATE:3/15/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Travis K. Hopkins, Assistant City Manager Subject: Approve appointments to the Human Relations Task Force (HRTF) as recommended by City Council Liaisons, Mayor Kim Carr and Councilmember Natalie Moser Statement of Issue: The Human Relations Task Force has two (2) vacancies on their task force to be filled by members of the Huntington Beach community. The City Council liaisons recommend appointing Debbi Parrott and Chris Hoff to fill these vacancies. Financial Impact: Not applicable. Recommended Action: A) Approve the appointment of Debbi Parrott as a member of the Human Relations Task Force through December 31, 2023, the end of term for the current vacancy; and, B) Approve the appointment of Chris Hoff as a member of the Human Relations Task Force through December 31, 2021, the end of term for the current vacancy. Alternative Action(s): Do not approve the recommended appointments and direct staff accordingly. Analysis: The Human Relations Task Force (HRTF)was formed in April 1997 with a mission to “promote and celebrate diversity in our community through education and understanding.”Currently,there are two available vacancies on the Task Force,due to term resignations.The City advertised recruitment through the following means:announcement of the vacancies on the City's website,social media, City Manager’s Reports,and at multiple HRTF meetings.Twelve (12)new applications were received by the deadline of January 26, 2021. City Council liaisons,Mayor Kim Carr and Council Member Natalie Moser,along with the HRTF’s officers,Chair Vashia Rhone and Vice Chair Antonio Benitez,reviewed the applications,interviewed City of Huntington Beach Printed on 3/10/2021Page 1 of 2 powered by Legistar™ File #:21-218 MEETING DATE:3/15/2021 officers,Chair Vashia Rhone and Vice Chair Antonio Benitez,reviewed the applications,interviewed the top applicants,and have recommended residents Debbi Parrott and Chris Hoff to fill these vacancies. Their backgrounds and skills are detailed in the attached applications for appointment. Environmental Status: Not applicable. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1.Application for Appointment - Chris Hoff 2.Application for Appointment - Debbi Parrott City of Huntington Beach Printed on 3/10/2021Page 2 of 2 powered by Legistar™ Application for Appointment to a Citizen Commission, Board, Committee, or Task Force Page 1 Last Name *First Name *Middle Initial Date * Name of Board, Commission, Committee, or Task Force * Length of Residency in Huntington Beach * Occupation * United States Citizen?*Currently Serving on a City Board or Commission?* Home Address:* Phone Numbers Personal Type *(?)Number * Phone Numbers Business Type (?)Number Personal Email * Hoff Chris 1/10/2021 Human Relations Task Force 50+ years Therapist Yes No Yes No City Huntington Beach State CA Postal / Zip Code Street Address . Address Line 2 cell home Page 2 Educational Background * Professional Licenses and/or Associations * Professional Experience * Loma Linda University Doctor of Philosophy (Ph.D.), Marriage and Family Therapy April 2016 Concentration: Systems Consultation (OD) Committee Chair: Brian J. Distelberg, Ph.D. Dissertation: Developmental Pedagogy in Marriage & Family Therapy Education Pepperdine University, Graduate School of Education & Psychology, Irvine, CA Masters of Arts in Clinical Psychology with an emphasis in Marriage & Family Therapy December 2010 Argosy University Bachelor of Arts in Psychology May 2004 LMFT #53081 2014 - Present CALIFORNIA FAMILY INSTITUTE EXECUTIVE DIRECTOR & CLINICAL DIRECTOR The California Family Institute (CFI) is a training clinic established to provide low-cost counseling services for members of the community, and for the development of cutting-edge research and training for mental health professionals. As Executive Director, my tasks include managing marketing, fundraising, program development, HR management and accounting. Other tasks include meeting with the board regularly to keep them informed on operational issues, and work with them to come up with strategic solutions to complex challenges. I am also responsible for cultivating long-term strategic partnerships, or donor relationships, to increase the organization's effectiveness serving unmet needs. As Clinical Director, my role includes supervising a staff of 16 clinicians, and developing training programs for mental health professionals. 2014 - Present HOFF CONSULTING GROUP PRINCIPAL Hoff Consulting Group is a management consulting firm and leading advisor on leadership development, conflict resolution, change management, and training within organizations and teams. We partner with clients from the private, public, and not-for-profit sectors in all regions to identify transformational opportunities, address their most critical challenges, and transform their enterprises and relationships. Recent projects include; team facilitation, conflict coaching, strategic planning, mastermind group facilitation, and executive coaching. 2010 - Present CHRIS HOFF COUNSELING MARRIAGE & FAMILY THERAPIST/CONSULTANT I provide comprehensive individual, couple, and family counseling for adolescents and adults. I work in response to a wide range of concerns including, anxiety, depression, life transitions, spiritual issues, relational health, and conflict resolution. 1996 – 2010 TWO ROADS PROFESSIONAL RESOURCES, INC. CO-FOUNDER/VICE PRESIDENT BUSINESS DEVELOPMENT Co-founded Two Roads Profes Special Knowledge or Skills * Civic Interests and/or Service Memberships?* How will your qualifications best serve the citizen advisory group that you are applying for, and why do you wish to serve on this group?* It is the policy of the City Council to make appointments to the citizen commissions, boards, and committees, based on the needs of the city, as well as the interests and qualifications of each applicant. Selection will be made without discrimination based on the race, creed, gender, or sexual orientation of the applicant. Additional information concerning a particular commission, board, committee, or task force or the application process is available through the staff support department identified above. General questions can be directed to Cathy Fikes, (714) 536-5553. I currently serves as Founder and Executive Director of the California Family Institute (CFI) in Costa Mesa. CFI is a nonprofit organization that was established as a community counseling center that provides desperately needed no-cost and low-cost counseling services for the community, and for the development of research and training for mental health professionals interested in social constructionism and postmodern therapy approaches. My formal education includes and MA in Clinical Psychology from Pepperdine University, and a PhD from Loma Linda University in Marriage and Family Therapy, where my concentration was in organizational development and systems consulting. I also has over 20 years of experience in human resources, and I am a licensed marriage and family therapist #53081. My research interests include leading edge approaches to teaching and learning, social justice in family therapy, actor network theory (ANT), post-oppositional practice and pedagogy, and dialogic practice and social constructionism. I have published several peer-reviewed articles including Developmental Pedagogy in Marriage and Family Therapy Education: Preparing Students to Work Across Epistemologies in the Journal of Family Theory & Review, Navigating Critical Theory and Postmodernism in Family Therapy in the journal Family Process, and Developmental Pedagogy in Marriage and Family Therapy Education: A Narrative Analysis of Students Experiences at the Journal of Systemic Therapies. I also hosts the internationally popular podcast The Radical Therapist http://www.theradicaltherapist.com/ where he explores intersections of collaborative therapy, philosophy, art, and science & technology. BOARDS & ASSOCIATIONS: Orange County Interfaith Network Board 2020 – Present American Association of Marriage & Family Therapy (AAMFT) – Member 2009 - Present State Board Member - Treasurer (2016 – 2018) State Board Member (2010 – 2012) Advocacy Committee (2009 – 2010) American Family Therapy Academy (AFTA) – Member 2010 – 2020 Human Relations Task Force, City of Huntington Beach 2011 - 2012 Pepperdine University’s Social Justice Collaborative - President 2010 - 2011 CSU Fullerton Grand Central Art Center ’s Art Forum Board – Board Member 2008 - 2011 Psi Chi International Honor Society in Psychology As a former member of the Human Relations Task Force (2011-2012) I am intimately aware of the need for an active and engaged HRTF in our community. I would appreciate an opportunity to serve my community and my city during these challenging times. Application for Appointment to a Citizen Commission, Board, Committee, or Task Force Page 1 Last Name *First Name *Middle Initial Date * Name of Board, Commission, Committee, or Task Force * Length of Residency in Huntington Beach * Occupation * United States Citizen?*Currently Serving on a City Board or Commission?* Home Address:* Phone Numbers Personal Type *(?)Number * Phone Numbers Business Type (?)Number Personal Email * Parrott Debbi A 12/5/2020 Human Relations Task Force 23 years High school Teacher-Pacifica High School Yes No Yes No City Huntington Beach State California Postal / Zip Code Street Address Address Line 2 cell business Page 2 Educational Background * Professional Licenses and/or Associations * Professional Experience * Special Knowledge or Skills * Civic Interests and/or Service Memberships?* How will your qualifications best serve the citizen advisory group that you are applying for, and why do you wish to serve on this group?* It is the policy of the City Council to make appointments to the citizen commissions, boards, and committees, based on the needs of the city, as well as the interests and qualifications of each applicant. Selection will be made without discrimination based on the race, creed, gender, or sexual orientation of the applicant. Additional information concerning a particular commission, board, committee, or task force or the application process is available through the staff support department identified above. General questions can be directed to Cathy Fikes, (714) 536-5553. I have a BA in English with a minor in Education from Brandeis University (Summa Cum Laude and Schiff Fellow). I have a secondary teaching credential in English from Brandeis University and supplemental music credential from Westminster Choir College (Rider University). I also have 60 post-graduation units in education. I have taught high school English as well as some choir and drama for almost 16 years in the Garden Grove School District. I served as Executive Secretary, Production Secretary and President of Orange County Children's Theatre. I organized a gala for the children's theatre featuring Krysta Rodriguez that cleared debt the previous board had accrued. I applied for and received two grants this last year for the Children's Theatre and managed to end my term without debt during a year where we had only been able to perform one of three shows due to Covid. I have canvased, phone banked and text banked for various local candidates. My knowledge base as a teacher make me uniquely qualified to serve on this task force because anti-bias training, inclusivity and active anti-racism has been part of my career and ongoing training. My desire to unify and improve communication and relationships in our amazing city is something I feel passionate about. I am a bridge-builder and I am gifted at solving complex problems and finding common ground. My experience on the board of the children's theatre, particularly as president, helped me understand how to fundraise and how to make sound financial decisions for a large organization despite challenges. I believe I will bring a positive energy to the Human Relations Task Force and engaged in actions and dialogue that will build our city up and help Huntington Beach to be a source of beauty, hope and positivity for all its citizens. City of Huntington Beach File #:21-191 MEETING DATE:3/15/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Sean Crumby, Director of Public Works Subject: Adopt Resolution No. 2021-14 ordering the Summary Vacation of an Easement over a portion of Third Street in the City of Huntington Beach; and, authorize recordation with the Orange County Recorder Statement of Issue: The property owners at 326 and 328 3rd Street request that the City adopt a Resolution to summarily vacate a portion of excess right-of-way along their properties’ 3rd Street and Orange Avenue frontages (Attachment 1), pursuant to California Streets and Highways Code Section 8334(a). Financial Impact: No funding is required for this action. Recommended Action: A) Adopt Resolution No. 2021-14, “A Resolution of the City Council of the City of Huntington Beach Ordering the Summary Vacation of an Easement Over a Portion of Third Street in the City of Huntington Beach;”(Attachment 2) and, B) Instruct the City Clerk to record Resolution No. 2021-14 and the respective, attached exhibits with the Orange County Recorder. Alternative Action(s): Deny the recommended actions with findings for denial and direct staff accordingly. Analysis: On February 25,1966,an easement for street and public utilities purposes (the “Easement”)was dedicated to the City of Huntington Beach (Attachment 3).Since the dedication of the Easement to the City,all necessary public street and sidewalk improvements have been constructed (by the City) adjacent to the residential properties at 326 and 328 3rd Street (the “Property”).However,these improvements do not extend to the ultimate boundary of the Easement,resulting in a small radius portion of remnant right-of-way that exists between the interior side of the public sidewalk and the City of Huntington Beach Printed on 3/10/2021Page 1 of 2 powered by Legistar™ File #:21-191 MEETING DATE:3/15/2021 portion of remnant right-of-way that exists between the interior side of the public sidewalk and the legal boundary line of the Property. The owners of the Property are requesting that this radius portion of the Easement be vacated to increase the size of their yard (and their properties).The portion of the Easement that the City is requested to summarily vacate is located adjacent to the owners’existing front and side yards,and has been determined by the Public Works Department to be unnecessary for any future public utility, pedestrian or vehicular circulation. The result of vacating this portion of the Easement will not have a detrimental impact to any future public services nor to public infrastructure.Pursuant to Government Code Section No.65402,upon the City’s vacation of this portion of the Easement,the rights to the land will revert to the underlying fee title owner of the property. On January 26,2021,the City of Huntington Beach Planning Commission approved General Plan Conformance No.20-004 (Attachment 4),finding that the proposed Summary Street Vacation (of the Easement portion located at the southeast corner of 3rd Street and Orange Avenue)conforms to the goals and policies of the City’s General Plan. Unlike the General Street Vacation process,the Summary Street Vacation process does not have public noticing requirements,nor does it require a separate public hearing prior to the Council taking action.After Council’s adoption,the resolution shall be recorded with the Orange County Recorder to affect the street vacation. Public Works Commission Action: Not required. Environmental Status: The proposal is categorically exempt from the California Environmental Quality Act,pursuant to City Council Resolution No.4501,Class V:Alterations in Land Use Limitations,sub-section (a)minor street, alley and utility easement vacations. Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1.Exhibits A and B Legal Description and Plat Map (Vacation of Right-of-Way Easement) 2.Resolution No. 2021-14, “A Resolution of the City Council of the City of Huntington Beach Ordering the Summary Vacation of an Easement over a Portion of Third Street in the City of Huntington Beach” 3.Original Grant Deed offering the subject easement dedication to the City of Huntington Beach 4.Notice of Action - General Plan Conformance 20-004 City of Huntington Beach Printed on 3/10/2021Page 2 of 2 powered by Legistar™ SHEET 1 OF 1 PLAT VACATION OF PUBLIC-RIGHT-OF-WAY IN THE CITY OF HUNTINGTON BEACH, ORANGE COUNTY, CA . (:, -"' ' ~ ~ <O EXIST. C. ct G. / ~ /' ~~ .. PROPERTY OltJ\ERS: 324 Jrd ST. UC (OKNER OF 326 Jrd ST.) 328 3rd ST, UC (OWNER OF 328 3rd ST.) 16152 BEACH BLVD., SUITE 201 HUNTINGTON BEACH, CA. 92647 714-290-1206 EXIST. R/W JULY 31, 2018 (f_ 3rd STREET J26 Jrd ST. LOT 24 LOT 26 BLOCK 302 25' ~ --37.50' , -- t-.: ' ~ ... ~ . ·-: A.P.N. 024-164-08 --ALLEY-~ lEOE/D: @ INDICATES AREA TO REMAIN AS PUBUC RIGHT-OF-WAY. ~ IND/CA TES AREA TO 8£ VACA TED BY CITY OF HUNTINGTON BEACH PREPARED BY: EMERALD ENGINEERING 18600 MAIN STREET, SUITE 160 HUNTINGTON BEACH, CA 92648 J~~~~ 1ltcp oz.1 DONALD G.~ !..! OA TE LS. 468.J SITE ADDFESS: 326 ct 328 Jrd STREET HUNTTNGTON BEACH, CA.. 92648 SHEET 1 OF 1 LEGAL DESCRIPTION: THOSE PORTIONS OF LOTS 26 AND 28, BLOCK 302, HUNTINGTON BEACH TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 3, PAGE 36, MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, BOUNDED ON THE NORTHEAST BY THE NORTHEASTERLY LINE OF LOT 28; BOUNDED ON THE NORTHWEST BY THE NORTHWESTERLY LINE OF LOT 26 AND 28; AND BOUNDED ON THE SOUTHEAST BY A CURVE, CONCA VE TO THE SOUTHEAST, HAVING A RADIUS OF 30.00 FEET, BEING TANGENT TO THE NORTEASTERL Y LINE OF LOT 28 AND BEING TANGENT TO THE NORTHWESTERLY LINE OF LOT 26. EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY OF A CURVE CONCAVE SOUTHEAST AND HAVING A RADIUS OF 15.00 FEET, SAID CURVE BEING TANGENT TO THE NORTHWESTERLY LINE OF LOT 28 AND TANGENT TO THE NORTHEASTERLY LINE OF LOT 28. PREPARED BY: EMERALD ENGINEERING 18600 MAIN STREET, SUITE 160 HUNnNGTON BEACH, CA 92648 ~i/d.., 1hft.-1 ONALDG. BAKER DA LS. 4683 RESOLUTION NO. 2021-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE SUMMARY VACATION OF AN EASEMENT OVER A PORTION OF THIRD STREET IN THE CITY OF HUNTINGTON BEACH WHEREAS, the City Council of the City of Huntington Beach wishes to summarily vacate a portion of an easement over Third Street in the City of Huntington Beach because the subject easement has been determined to be excess right-of-way by Public Works staff and is not needed for future vehicular or pedestrian circulation or for public utility access ; and A General Plan Confo1mance No . 20-004, to determine whether the subject vacation request conforms to the City's General Plan, was approved by the City Planning Commission on January 26, 2021. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. Pursuant to Division 9, Part 3, Chapter 4 of the California Streets and Highways Code, commencing with Section 8333, the City Council of the City of Huntington Beach hereby orders the summary vacation of a portion of an easement over Third Street in the City of Huntington Beach and more paiticularly described on Exhibit A attached and incorporated herein by this reference. 2. The City Council does hereby confirm that the portions of the easement herein vacated have been determined to be excess right-of-way by Public Works staff and is not needed for future vehicular or pedestrian circulation and that there are no other public facilities located within the portions of the easements . 3. The City Council hereby declares that from and after the date of the recordation of this resolution that the portions of the easements herein identified shall no longer constitute public service easements . 21-9329/244978 Resolution No. 2021-14 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 202'1, Mayor REVIEWED AND APPROVED : APPROVED AS TO FORM: City Manager City Attorney kllJ 19-7356/197159 2 SHEET 1 OF 1 PLAT VACATION OF PUBLIC-RIGHT-OF-WAY IN THE CITY OF HUNTINGTON BEACH, ORANGE COUNTY, CA . ~ 1::i .... • lO ~ <ci EXJST. C. & G. PROPERTY OWIERS: 324 Jrd ST, LLC (OWNER OF 326 Jrd ST.) 328 3rd ST, UC {OWNER OF 328 Jrd ST.) 16152 BEACH BL llV., SUITE 2 01 HUNTINGTON BEACH, CA. 92647 714 -290-1206 EXIST. R/W JULY 31 1 2018 (f_ 3rd STREET 326 Jrd sr. LOT 24 LOT 26 BLOCK 302 25' Jl.50' ~ ... ....: .. .. ~ .. ~ .. · . .. .. ..L .. .. 5' . ·. A.P.N. 024-164-08 ~ ....J ~· 3li ~· ~· i..:· V) ~· ~ --ALLEY -~- ~ -.. "· ... @ INDICATES AREA ro REMAIN AS PUBLIC RIGHT-OF-WAY. ~ IND/CA TES AREA TO BE VACA TED BY CITY Or HUNTINGTON BEACH PREPARED BY: EMERALD ENGINEERING 18600 MA IN STREET, SUITE 160 HUNTINGTON BEACH, CA 92648 jJ/)//~~ DONALD G. L.S. 4683 SffE ADDRESS: 326 & 328 3rd STREET HUNTINGTON BEACH, CA.. 92648 SHEET 1 OF 1 LEGAL DESCRIPTION: THOSE PORTIONS OF LOTS 26 AND 28, BLOCK 302, HUNTINGTON BEACH TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 3, PAGE 36, MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, BOUNDED ON THE NORTHEAST BY THE NORTHEASTERLY LINE OF LOT 28; BOUNDED ON THE NORTHWEST BY THE NORTHW£ST£RL Y LINE OF LOT 26 AND 28; AND BOUNDED ON THE SOUTHEAST BY A CURVE, CONCA V£ TO THE SOUTHEAST, HAVING A RADIUS OF JO.DO FEET, BEING TANGENT TO THE NORTEASTERL Y LINE OF LOT 28 AND 8£/NG TANGENT TO THE NORTHWESTERLY LINE OF LOT 26. 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Huntington Beach Planning Commission 2000 MAIN STREET CALIFORNIA 92648 NOTICE OF ACTION January 27, 2021 Harry Monck 303 Cleveland Drive Huntington Beach CA 92648 SUBJECT: APPLICANT: PROPERTY OWNER: REQUEST: LOCATION: DATE OF ACTION: GENERAL PLAN CONFORMANCE NO. 20-004 (328 3rd STREET VACATION) Harry Monck, 303 Cleveland Drive, Huntington Beach CA 92648 328 3rd LLC, 16152 Beach Boulevard, Suite 201, Huntington Beach CA 92647 To determine if the vacation of an approximately 145 square foot corner radius easement for public right-of-way purposes along 3rd Street and Orange Avenue is in conformance with the goals and policies of the General Plan. 323 3rd Street, 92648 (Southeast corner of 3rd Street at Orange Avenue) January 26, 2021 On Tuesday, January 26, 2021, the Huntington Beach Planning Commission took action on your application, and approved your request by adopting Resolution No. 1717, approving General Plan Conformance No. 20-004. Attached to this letter is Resolution No. 1717. Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken by the Planning Commission becomes final at the expiration of the appeal period. A person desiring to appeal the decision shall file a written notice of appeal to the City Clerk within ten (10) calendar days of the date of the Planning Commission's action. The notice of appeal shall include the name and address of the appellant, the decision being appealed, and the grounds for the appeal. Said appeal must be accompanied by a filing fee of Two Thousand, Three Hundred Fifty-Three Dollars ($2,353.00) if the appeal is filed by a single family dwelling property owner appealing the decision on his own property and Three Thousand, Seven Phone 714-536-5271 Fax 714-37 4-1540 www.surfcity-hb.org Notice of Action GPC 20-004 January 27, 2021 Page2 Hundred Seventy-Eight Dollars ($3, 778.00) if the appeal is filed by any other party. In your case, the last day for filing an appeal and paying the filing fee is February 5, 2021 at 5:00 PM. If you have any questions, please contact Hayden Beckman, the project planner, at hayden.beckman@surfcity-hb.org or (714) 536-5561 or the Community Development Department Zoning Counter at (714) 536-5271. Sincerely, Ursula Luna-Reynosa, Secretary Planning Commission Attachments: 1. Resolution No. 1717 c: Honorable Mayor and City Council Chair and Planning Commission Oliver Chi, City Manager Ursula Luna-Reynosa, Director of Community Development Tim Andre, Fire Division Chief Mike Vigliotta, Chief Assistant City Attorney Debbie DeBow, Principal Civil Engineer Eric Haghani, Building Manager Joanna Cortez, Associate Planner Property Owner Project File City of Huntington Beach File #:21-194 MEETING DATE:3/15/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Sean Crumby, Director of Public Works Subject: Accept the lowest responsive and responsible bid and authorize execution of a construction contract with All American Asphalt in the amount of $2,614,115 for the Residential Overlay of Maintenance Zone 3, CC-1618 Statement of Issue: On February 23, 2021, bids were publically opened for the Residential Overlay of Maintenance Zone 3 project, CC-1618. City Council action is requested to award the construction contract to All American Asphalt, the lowest responsive and responsible bidder. Financial Impact: Total construction cost for the project, including contingency, is $2,945,000. Funds are available in the current fiscal year budget in the Gas Tax account 20790058.82300. ($2,225,000), Measure M account 21390002.82300 ($470,000), Water Fund account 50685201.82300 ($150,000), and Sewer Fund account 51185101.82600 ($100,000). Recommended Action: A) Accept the lowest responsive and responsible bid submitted by All American Asphalt in the amount of $2,614,115; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Reject all bids, or provide staff with alternative action. Analysis: The City’s Pavement Management Program (PMP) calculates a pavement condition for each street. The conditions are rated from 0 to 100, with 0 being the worst and 100 indicating perfect condition. As part of the PMP, a residential network was created dividing the City into 12 maintenance zones to allow the City to better coordinate maintenance activities. This project will rehabilitate 121 street segments with pavement condition ratings below 55, which is considered very poor, in maintenance City of Huntington Beach Printed on 3/10/2021Page 1 of 2 powered by Legistar™ File #:21-194 MEETING DATE:3/15/2021 zone 3. Maintenance zone 3 is located in the Central Area of the City. The street segments to be overlaid will be crack sealed. Localized 2” pavement repairs will be performed were needed. Edge grinding will be performed along all concrete curbs, gutters, and cross gutters using a milling machine before applying a final 1.5” asphalt overlay. Bids were publicly opened on February 23, 2021, with the following results: BIDDER'S NAME BID AMOUNT (Amount Read at Bid Opening and Basis of Award) All American Asphalt $2,614,115 R.J. Noble Company $2,887,015 Hardy & Harper $2,816,000 Excel Paving $2,887,015 Staff recommends awarding a contract to All American Asphalt in the amount of $2,614,115 .00. All American Asphalt has provided acceptable street rehabilitation construction in 2020 for the Atlanta Avenue (Bushard St. to Brookhurst St.), Graham Street (Slater Ave. to Warner Ave.), Newland Street (Garfield Ave. to Yorktown Ave.) and Slater Avenue (Goldenwest St. to Beach Blvd.) arterial rehabilitation project, and in 2019 with the overlay of zone 6, that was similar in scope to this project . The total project cost is estimated to be $2,945,000.00, which includes the construction contract, project management ($69,475), and ten-percent (10%) construction contingency ($261,410). Public Works Commission Action: The Public Works Commission reviewed and approved CC-1618 on February 17, 2021, with a vote of 6-0-1 (Commissioner Ferlita-absent). Environmental Status: The project is categorically exempt pursuant to Class 1, section 15031c of the California Environmental Quality Act. Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1.Attachment No. 1 Location Map City of Huntington Beach Printed on 3/10/2021Page 2 of 2 powered by Legistar™ RD 475 RD 424 RD 434 RD 444 RD 445 RD 435 RD 425 City of Huntington Beach File #:21-220 MEETING DATE:3/15/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Scott M. Haberle, Fire Chief Subject: Approve and authorize execution of the First Amended and Restated Memorandum of Understanding (MOU) Between the City of Huntington Beach and the Friends of the Huntington Beach City Junior Guards (FJG) Statement of Issue: The Friends of the Huntington Beach City Junior Lifeguards (FJG)and the City have enjoyed a long- term association,first memorialized in a Memorandum of Understanding (MOU)in 2005.This has provided youth from the City and the surrounding area the opportunity to learn ocean safety, lifesaving techniques,first aid,marine ecology,fitness,and other valuable skills.At this time,the City and FJG wish to enter into a revised MOU to clarify their future respective obligations. Financial Impact: Not applicable. Recommended Action: Approve and authorize the Mayor and City Clerk to execute the “First Amended and Restated Memorandum of Understanding Between the City of Huntington Beach and the Friends of the Huntington Beach City Junior Guards.” Alternative Action(s): Do not approve the MOU and direct staff accordingly. Analysis: The FJG is a tax-exempt,non-profit charitable corporation established to support the City-sponsored Junior Lifeguard Program.Their primary charitable purpose is to provide scholarships to the annual Program,assistance to youth participating in the New Zealand Junior Lifeguard Exchange Program, and financial support for Program objectives.The FJG raises funds through the sale of clothing and merchandise, along with other fundraising events. In February 2005,the FJG entered into an MOU with the City.Since then,the group has provided City of Huntington Beach Printed on 3/10/2021Page 1 of 2 powered by Legistar™ File #:21-220 MEETING DATE:3/15/2021 In February 2005,the FJG entered into an MOU with the City.Since then,the group has provided substantial support for the Program.At this time,the City and FJG wish to enter into a revised MOU (Attachment 1) to continue this relationship, and clarify the future responsibilities of both parties. The revised MOU includes provisions that specify, beginning in summer 2021, rather than the City providing Program participants with tee-shirts, board shorts, and backpacks, those who enroll in the program will be able to purchase those supplies from the FJG. Further, the FJG will also be authorized to sell clothing, towels, backpacks, tee-shirts, sweatshirts, board shorts, and other merchandise bearing the Program logo. This change will allow the City to forgo an increase in tuition for the 2021 season, and provide returning families the ability to purchase new uniforms only when needed. This can be particularly helpful for students who have uniforms in good condition from past seasons, or for families with more than one participant in the Program. Environmental Status: Not applicable. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1.First Amended and Restated Memorandum of Understanding Between the City of Huntington Beach and the Friends of the Huntington Beach City Junior Guards City of Huntington Beach Printed on 3/10/2021Page 2 of 2 powered by Legistar™ FIRST AMENDED AND RESTATED MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND FRIENDS OF THE HB CITY .JUNIOR GUARDS THIS FIRST AMENDED AND REST A TED MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into by and between the CITY OF HUNTINGTON BEACH, a Charter City of the State of California ("CITY") and FRIENDS OF THE HB CITY JUNIOR GUARDS, a California non-profit public benefit corporation ("FJG"). WHEREAS, FJG was organized as an Internal Revenue Code Section 50l(c)(3) charitable corporation for the sole purpose of supporting the Huntington Beach Junior Lifeguard Program, a summer youth program operated by the CITY for the benefit of the youth of Huntington Beach and smTounding communities designed to provide participants with the opportunity to learn ocean safety, surf lifesaving techniques, first aid, marine ecology, and oceanography in a context that is both physical and disciplined, fostering self-confidence and respect for others (the "PROGRAM"); and Although the California Franchise Tax Board suspended FJG for failure to file tax returns, FJG recently filed it delinquent returns, and now is a corporation in good standing; and On or about February 7, 2005, CITY and FJG entered into a "Memorandum of Understanding Between the City of Huntington Beach and Friends of the Junior Lifeguards" ("2005 MOU"), pursuant to which the FJG provided the furniture, fixtures and equipment for the newly constructed Marine Safety Educational Center ("Educational Center"), the Home of the PROGRAM; and On March 21, 2011, CITY and FJG entered into a new Memorandum of Understanding (the "2011 MOU") pursuant to which FJG funded the design and construction of the Junior Guard Storage Building ("Storage Building") adjacent to the Educational Center. The 2011 MOU further provided that FJG may use the Educational Center for its Board meetings and other activities for the benefit of the PROGRAM, subject to the approval of the City Fire Chief. The 2011 MOU expires on March 20, 2026; and The proceeds of FJG's fundraising activities serve multiple PROGRAM purposes, including but not limited to funding scholarships for youths to attend the PROGRAM, and offering financial assistance to youths attending the New Zealand exchange program every three years, or according to intervals as the Fire Chief establishes in writing; and The Logo of the PROGRAM is the phrase "Huntington Beach Jr Lifeguard" circling a United States Shield (the "LOGO"). CITY owns the trademark to the LOGO; and 1 20-92191241913/SFF All youths enrolled in the PROGRAM ("Participants") are required to wear tee- shirts, and board shorts bearing the LOGO. Cunently, CITY provides each Participant, as part of the PROGRAM emollment fee, two shitis, men's or women's board shorts, and a backpack, all bearing the LOGO; and Pursuant to the terms of this MOU, beginning Summer 2021, CITY will no longer provide Pmiicipants with shitis, board shorts, and backpacks as part of the PROGRAM emollment fee. Instead, CITY will only require that Participants wear either new or used tee-shirts, and board shorts bearing the LOGO; and Pursuant to the terms of this MOU, beginning Summer 2021, FJG shall sell all clothing, towels and other merchandise bearing the LOGO, including but not limited to men's and women's board sh01is, backpacks, tee-shirts, sweatshitis, stickers, dog tags, license plate frames, and towels. FJG shall also retain an miist to prepare yearly novel beach-related mi work to appear on clothing and merchandise; and FJG and CITY desire to enter into this First Amended and Restated Memorandum of Understanding ("AMENDED MOU") to clarify the future respective obligations of the CITY and FJG, NOW, THEREFORE, for and in consideration of the promises and covenants hereinafter contained and intending to be legally bound, the pmiies covenant and agree as follows: I. OBLIGATIONS OF FJG A. At all times, FJG shall operate as a volunteer operated entity, with no employees. As necessary, FJG may retain and pay independent contractors, including accountants and bookkeepers, to accomplish its objectives. B. FJG agrees to continue its operations as a tax-exempt, non-profit charitable corporation pursuant to IRC 501(c)(3). C. FJG shall organize and pmiicipate in fundraising activities for the benefit of the PROGRAM. 2. SALE OF LOGO AND PROGRAM RELATED MERCHANDISE A. Effective upon the execution of this Amended MOU by FJG and its approval by the City Council, FJG shall assume the obligation to manufacture, procure and sell all clothing, towels and other merchandise bearing the LOGO, including but not limited to men's and women's board shotis, backpacks, tee-shirts, sweatshirts, stickers, dog tags, license plate frames, and towels. FJG may sell additional merchandise bearing the LOGO with the approval of the Fire Chief, or his or her designee. 2 20-9219/241913/SFF B. FJG shall use its own funds to purchase the PROGRAM related clothing and merchandise it sells. C. FJG shall retain an artist to prepare yearly novel beach-related art work to appear on clothing and merchandise. F JG shall sell such clothing and merchandise to the general public. D. FJG shall only sell tee-shhis, and men's and women's board shmis bearing the LOGO to persons the CITY has ce1iified are Participants in the PROGRAM. E. FJG shall sell all clothing and merchandise exclusively through its electronic portal, and receive payment via credit or debit card. FJG shall not accept cash payment, except that currency purchases may be permitted according to written procedures approved by the City Chief Finance Officer or his or her designee. Delivery will be by mail, at PROGRAM enrollment, at the beach, and at other events related to the PROGRAM. F. FJG shall sell required clothing for the PROGRAM at its cost, plus Two Dollars, or at a higher mark-up as approved by the Fire Chief. G. FJG shall be responsible for collecting and paymg all sales tax on merchandise sales. 3. USE OF THE PROCEEDS FROM MERCHANDISE SALES AND FUND RAISING A. The primary charitable purpose for the funds FJG obtains through the sale of clothing and merchandise and its other fund-raising events is to provide scholarships to the annual PROGRAM, assistance to youth pmiicipating in the New Zealand Junior Lifeguard Exchange Program, and providing financial support to the objectives of the PROGRAM. B. FJG shall provide its Annual Financial Statement and Tax Return to the City Fire Chief each year, by no later than April 15. C. Beginning March 1, 2021, and each year thereafter, the President of FJG shall provide the Fire Chief a budget providing the estimated charitable proceeds anticipated to be available for expenditure during the calendar year, along with the charitable amounts anticipated to be used for Pmiicipant and New Zealand scholarships, as well as other expenditures for the benefit of the PROGRAM. D. Prior to April 1 each year, the Fire Chief shall provide the Board of Directors of FJG with the City's recommended budget for the expenditure of FJG's charitable funds. 3 20-9219/241913/SFF E. The Board of Directors of FJG shall consider the City's recommended budget, but retains its own discretion to adopt its own budget for expenditure of FJL charitable funds. 4. USE OF MARINE EDUCATIONAL CENTER AND STORAGE BUILDING CITY agrees for the term of this Amended MOU that: a. FJG may use the Educational Center for its monthly board meetings and such other uses as deemed appropriate by CITY's Fire Chief or his or her designee. b. The furniture, fixtures and equipment FJG donated to CITY pursuant to the 2005 MOU shall continue to be used at the Educational Center for PROGRAM related purposes for the term of this Amended MOU. c. CITY shall use the Storage Building exclusively for storage of PROGRAM related equipment. d. CITY grants FJG no title or interest of any kind to the Educational Center, Storage Building or the furnishing thereof, and FJG disclaims any interest in the same. FJG's right under this Amended MOU to use the Educational Center or Storage Center is non-exclusive. 5. TERM This Amended MOU will become effective on the date it is approved by the City Council of the CITY and shall terminate August 31, 2026. Upon mutual written consent of the parties, this AMENDED MOU may be extended for one additional ten (10) year term. Either party may terminate this MOU upon six (6) months advance written notice to the other party, provided that: (I) no early termination of this Agreement shall relieve CITY of its obligation to use the STORAGE BUILDING exclusively for storage of PROGRAM related equipment through August 31, 2026; and (2) City will be obligated to purchase any and all ofFJG's unsold inventory of new uniforms, clothing and merchandise at FJG's original purchase price. FJG's equitable interest in the CENTER and STORAGE BUILDING shall terminate at the end of the term of this Amended MOU. 6. HOLD HARMLESS FJG shall protect, defend, indemnify and hold harmless CITY, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation, costs and fees of litigation of every nature) arising out of or in connection with performance of this MOU or its failure to comply with any of its obligations contained in this MOU except such loss or damage which was caused by the sole negligence or willful misconduct of City. 4 20-9219/241913/SFF 7. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code Section 1861, FJG acknowledges awareness of Section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation. FJG covenants that it will comply with such provisions prior to commencing performance of the work hereunder. If F JG is required by California law to maintain workers' compensation insurance, FJG shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. FJG shall require all subcontractors to provide workers' compensation insurance for all of the subcontractors' employees. FJG shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation insurance. 8. GENERAL LIABILITY INSURANCE In addition to the workers' compensation insurance and FJG's covenant to indemnify City, FJG shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage. Said policy shall indemnify FJG, its officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with this Agreement, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit mnst be no less than $1,000,000. Said policy shall name City, its agents, its officers, employees and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable shall be deemed excess coverage and that FJG's insurance shall be primary. Under no circumstances shall the above-mentioned insurance contain a self-insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 9. ASSIGNING AS BREACH Neither Party shall encumber, assign, or otherwise transfer this Amended MOU, or any right or interest in this Amended MOU, without the express written consent of the other party. A consent by a party to one assignment or transfer to another person shall not be deemed to be a consent to any subsequent assignment or transfer to another person. Any encumbrance, assignment or transfer, without the prior written consent of the other paity, whether it be voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option of the other patty, terminate this Amended MOU. 5 20-9219/241913/SFF I 0. CONFLICT OF INTEREST FJG shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Amended MOU. No officer or employee of CITY shall have any financial interest in this MOU in violation of the applicable provisions of the California Government Code. 11. PHOTOGRAPHY CITY may grant permits to persons engaged in the production of still and motion pictures, television programs, advertising and related activities, to take photographs and/or motion pictures of the PROGRAM. 12. CUMULATIVE REMEDIES The remedies given to the parties in this Amended MOU shall not be exclusive but shall be cumulative and in addition to all remedies now or hereafter allowed by law or elsewhere provided in this MOU. 13. WAIVER OF BREACH The waiver by CITY of any breach by FJG of any of the provisions of this Amended MOU, in-espective of the length of time for which such failure continues, shall not constitute a waiver of such breach or a waiver of any subsequent breach by FJG either of the same or another provision of this Amended MOU. 14. FORCE MAJEURE -UNAVOIDABLE DELAYS Should the perfo1mance of any act required by this Amended MOU to be performed by either CITY or FJG be prevented or delayed by reason of an act of God, strike, lockout, labor troubles, inability to secure materials, restrictive governmental laws or regulations, or any other cause (except financial inability) not the fault of the party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay and performance of the act during the period of delay will be excused. 15. NOTICE Any written notice, given under the te1ms of this MOU, shall be either delivered personally or mailed, certified mail, postage prepaid, addressed to the party concerned, as follows: 6 20-9219/241913/SFF CITY: Fire Chief City of Huntington Beach 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 FJG: Friends of the HB Junior Guards 2000 Main Street PO Box 190 Huntington Beach, , CA 92648 If a party desires to change the address for notices set forth herein, said party will provide 30 days advance written notice to the other patty of any such change. 16. ATTORNEY'S FEES In the event of any litigation to enforce the terms and provisions of this Amended MOU, each party shall bear its own costs and attorney's fees. The prevailing party shall not be entitled to recover its attorneys' fees from the non-prevailing party. 17. CONTROLLING LAW AND VENUE The rights and liabilities of the patties, and the interpretation and construction of this MOU, shall be determined in accordance with the laws of the State of California. Any controversy arising out of or under this Amended MOU, if litigated, shall be adjudicated in a couit of competent jurisdiction in Orange County, California. 18. SECTION TITLES Section titles in this Amended MOU are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of intent of this Amended MOU or in any way affect this Amended MOU. 19. TIME OF ESSENCE Time is of the essence with respect to all provisions of this Amended MOU in which a definite time for performance is specified including, but not limited to, the expiration of this Amended MOU. 20. SURVIVAL OF INDEMNITIES Termination of this Amended MOU shall not affect the right of CITY to enforce any and all indemnities given or made by FJG under this Amended MOU, nor shall it affect any provision of this Amended MOU that expressly states that the provision shall survive termination thereof. 7 20-9219/241913/SFF 21. NONLIABILITY OF CITY OFFICIALS, EMPLOYEES OR AGENTS No elective or appointed CITY or CITY affiliated board, commission or member thereof, or officer, official, employee or agent of CITY shall be personally liable to FJG, its successors and assigns, of any default or breach by CITY under this Amended MOU or for any amount which may become due to FJG, its successors and assigns, under this Amended MOU or for any obligation of CITY under this Amended MOU. 22. INTEGRATION This Amended MOU contains and embraces the entire agreement between the parties hereto and neither it nor any part of it may be changed, altered, modified, limited or extended orally or by any other agreement between the parties unless such agreement be expressed in writing, signed and acknowledged by CITY and FJG, or their successors in interest. 23. PARTIAL INVALIDITY Should any provision of this Amended MOU be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this Amended MOU shall remain in full force and effect unimpaired by the holding, so long as the reasonable expectations of the paiiies hereto are not materially impaired. 24. AMENDED MOU IN COUNTERPARTS This Amended MOU may be executed in counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same document. 8 20-9219/241913/SFF 25. ENTIRETY The foregoing sets forth the entire agreement between the patties. IN WITNESS WHEREOF, the paiiies hereto have caused this Amended MOU to be executed by and through their authorized officers on , 2021. ~~~~~~~~~~~~~~ FRIENDS OF THE HB JUNIOR GUARDS, a CITY OF HUNTINGTON BEACH, a Cal ifornia non-rofit ub l ic benefit corporation municipal corporation of the State of California Mayor AND By~~ City Cl erk INITIATED AND APPROVED: ~f REVIEWED AND APPROVED: APPROVED AS TO FORM: City Manager µJ/ City Attorney 9 20-9219/241913/SFF City of Huntington Beach File #:21-202 MEETING DATE:3/15/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:John Clark, Interim Administrative Services Director Subject: Approve and authorize execution of an Agreement with Public Sector Personnel Consultants, Inc. (PSPC) to conduct a Citywide Classification and Compensation Study Statement of Issue: The City last conducted a large-scale Classification and Compensation Study in 2006. Periodic reviews of the City’s classification plan help ensure internal structural alignment, simplify existing classification structures, address recruitment and retention needs, and conduct a comparison within the City’s employment market. Staff is seeking City Council approval for an agreement with Public Sector Personnel Consultants to conduct a comprehensive Classification and Compensation Study. Further, coordinating such a study is a requisite per our current Memoranda of Understanding with the Huntington Beach Municipal Teamsters, Huntington Beach Police Officers’ Association, and Huntington Beach Management Employees’ Organization. Financial Impact: The proposed agreement with PSPC is for an amount not to exceed $175,000. Funds for the Classification and Compensation Study are included in the Fiscal Year 2020/21 budget (Non- Departmental Fund 10040101.69365). Recommended Action: Approve and authorize the Mayor and City Clerk to execute “Professional Services Contract Between the City of Huntington Beach and Public Sector Personnel Consultants, Inc. for a City-Wide Classification and Compensation Study” in the amount of $175,000. Alternative Action(s): Reject the agreement and direct staff accordingly. While City staff could perform the analytical functions of the study, the scope of the project is such that the work could not be completed in a timely fashion, nor without neglecting other essential duties. Analysis: One of the foundational requirements for maintaining a fair and effective merit-based employment City of Huntington Beach Printed on 3/10/2021Page 1 of 3 powered by Legistar™ File #:21-202 MEETING DATE:3/15/2021 system is an accurate and comprehensive classification and compensation (“Class & Comp”) plan. A Class & Comp plan organizes all of the job descriptions in the City into logical job families (just what it sounds like, e.g., the “finance job family”) and the job series contained within each family (e.g., “accounting technician I”, “accounting technician II”, etc.). The goal is to have a logical Class & Comp plan that shows how all of the employees in the City are organized and the promotional ladders between jobs. Conducting a comprehensive Class & Comp study from time to time ensures a useful and accurate Class & Comp plan. The key element in a Class & Comp study is comparing all of our jobs to those of other agencies in our employment market. While there are exceptions, Huntington Beach generally competes with other Orange County cities for new employees, whether entry-level or promotional. For the proposed Class & Comp study, it is recommended that Huntington Beach use the following cities as “comparator” agencies: Anaheim, Santa Ana, Irvine, Garden Grove, Orange, Fullerton, Costa Mesa and Newport Beach. These cities are full-service or nearly full service (Garden Grove and Irvine contract for Fire) and have populations over 100,000, except Newport Beach (86,000), which is included because they face similar issues as a beach city. The consultants performing the Class & Comp study will compare our job descriptions and total compensation (salary and benefits) to those in the eight comparator cities. Because it has been more than 15 years since Huntington Beach completed a large-scale Class & Comp study, there has been considerable “drift,” where our Class & Comp plan has become outdated and poorly related to our market. This does not necessarily mean that our compensation varies significantly from our market. In our case, much of the drift has taken the form of creating unique single-position job descriptions that do not exist elsewhere in our market. For example, Huntington Beach has some 350 unique job descriptions for a workforce of about 850 full-time employees. This unwieldy situation makes it difficult for employees to promote to higher-level jobs, obscures logical relationships between similar jobs, and creates inequities where equivalent work is being treated differently and potentially paid differently. Concern about the state of our Class & Comp plan is shared by the collective bargaining units representing our employees. The Memoranda of Understanding with Huntington Beach Municipal Teamsters, Huntington Beach Police Officers’ Association, and Huntington Beach Management Employees’ Organization all require the City to conduct a Class & Comp study; the other employee organizations are also supportive of the effort. Administrative Services worked with the Finance Department to identify multiple firms that had recently been awarded contracts to conduct citywide Class & Comp studies through the PlanetBids portal. From this selection, City management interviewed multiple consultants experienced in this field. The result of that process is a recommendation to engage Public Sector Personnel Consultants (www.compensationconsulting.com <http://www.compensationconsulting.com>) to conduct the study. PSPC has worked all over the Western United States. Here in Orange County, they have conducted studies for the cities of Santa Ana, San Clemente, and San Juan Capistrano. The City procured the recommended three-year contract with Public Sector Personnel Consultants utilizing a contractual agreement awarded by the City of Montebello through their competitive bid process (see attachment 2). This process is authorized through the City’s municipal code section 3.02.190 (C) 2. City of Huntington Beach Printed on 3/10/2021Page 2 of 3 powered by Legistar™ File #:21-202 MEETING DATE:3/15/2021 The Class & Comp study will have three phases: Phase I will be a compensation survey of our local market, using the eight comparator cities referenced above. This phase will be mostly analytical work by PSPC, using publicly-available data. Phase II will entail PSPC developing a representative classification plan based on the eight comparator cities in our market. This will show job families and job series put into a logical order, essentially a “model” Class & Comp plan. Phase III will be PSPC working in close conjunction with bargaining units, City departments, and Human Resources staff to take that representative classification plan and make it into a usable and practical classification plan tailored to Huntington Beach’s specific needs. This last phase will include migrating some classifications that do not exist in our market to more representative classifications. Creating an updated Class & Comp plan for our City is not intended to be a budget-cutting/increasing measure, or as a substitute for the collective bargaining process. The goal is to create a Huntington Beach classification plan that is representative of our job market as it currently exists, using publicly- available data that anyone can reference themselves. If the City Council approves the recommended contract, PSPC will be on site soon thereafter for meetings that all employees will be invited to attend, so that PSPC can outline the process, answer questions, and provide information and examples from their consulting work. Many employees will be asked to fill out “position description questionnaires” (PDQs), so that the consultants will have adequate representative samples. Additionally, all employees will have the option to submit PDQs and other supporting information to assist the consultants in their analysis of our workforce. Although it is subject to change based on unforeseen factors, PSPC believes the entire project will be completed in approximately 6-7 months. Environmental Status: Not applicable. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1.Agreement with Public Sector Personnel Consultants 2.City of Montebello Staff Report and Contract City of Huntington Beach Printed on 3/10/2021Page 3 of 3 powered by Legistar™ PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND PUBLIC SECTOR PERSONNEL CONSULTANTS, INC. FOR A CITY-WIDE CLASSIFICATION AND COMPENSATION STUDY THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and PUBLIC SECTOR PERSONNEL CONSULTANT, INC., an Arizona corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to conduct a city-wide classification and compensation study; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULT ANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULT ANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULT ANT hereby designates Matthew Weatherly who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULT ANT in the performance of this Agreement. 21-9407 /24 7008 5/19-204082 1of11 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULT ANT are to commence on _________ , 20 __ (the "Commencement Date"). This Agreement shall automatically terminate one ( 1) year from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than one year from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULT ANT. In the event the Commencement Date precedes the Effective Date, CONSULT ANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULT ANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed One Hundred Seventy Five Thousand Dollars ($175,000.00). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULT ANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT 21-9407 /247008 5/19-204082 CONSULT ANT shall be paid pursuant to the terms of Exhibit "B." 2of11 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULT ANT shall tum these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS A. CONSULT ANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULT ANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULT ANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSUL TANT. B. To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: 21-9407 /24 7008 5/19-204082 3of11 "CONSULT ANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULT ANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULT ANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULT ANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULT ANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULT ANT' s professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance 21-9407 /24 7008 5/19-204082 4of11 policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULT ANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULT ANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULT ANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULT ANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULT ANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULT ANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: 21-9407 /24 7008 5/19-204082 A. B. provide the name and policy number of each carrier and policy; state that the policy is currently in force; and 5of11 C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULT ANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULT ANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULT ANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULT ANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULT ANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULT ANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULT ANT as provided herein. In the 21-9407 /24 7008 5/19-204082 6of11 event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULT ANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULT ANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULT ANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: 21-9407 /24 7008 5/19-204082 7of11 TO CITY: City of Huntington Beach ATTN: Sandy Henderson 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: Public Sector Personnel Consultants, Inc. ATTN: Matthew Weatherly 149 S. Barrington Avenue, #726 Los Angeles, CA 90049 When CITY's consent/approval 1s required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or 21-9407/247008 5/19-204082 8of11 neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULT ANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULT ANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULT ANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 21-9407 /24 7008 5/19-204082 9of11 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this 21-9407 /24 7008 5/19-204082 10of11 Agreement. This Agre ement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of thi s Agreement, and supersede all prior understandings and agreements whether oral o r in writing between the parties respecting the subject matter hereof. 29. EFFECTIV E DATE Thi s Agreement shall be effective on the date of its approval by the C it y Council. - This Agreement shall exp ire when terminated as pro v id ed herein. IN WITNESS WHEREOF, the patties hereto have caused this Agreement to be executed by and through their authori zed officers . CONSULTANT , PUBLIC SECTOR PERSONNEL CONSULT ANTS, INC. ITS: (circle one) Ch airm~i ce President AND rint name ITS: (circle one s~;chief Financial Officer/Asst. Secretary -Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City C lerk INITIATED AND APPROVED: Dir ctor of Administrative Services REV IEWED AND APPROVED: City Manager 21-9407 /2 47 008 5/1 9-204082 11 of 11 A. STATEMENT OF WORK: (Narrative of work to be performed) SCOPE OF THE PROJECT The project could include: a management and employee communication plan; partnership with the City's Human Resources staff, City Manager, Council, and project designee(s); occupational, organizational, and operational familiarization; Job Analysis Questionnaire (JAQ) and job analysis for all classifications; targeted worksite job information interviews; position classification and job title recommendations for all employees and classifications; FLSA designations; as needed or optional updated classification specifications; EZ COMP™; internal equity and external competitiveness evaluation; salary and benefits total compensation survey and competitiveness analysis; salary range recommendations; fiscal impact estimates and multiple implementation scenarios; updated classification and compensation plan and classification and compensation plan implementation support for all included employees in all job classifications. A. CONSULTANT'S DUTIES AND RESPONSIBILITIES: Project Planning and Communication 1. Project planning and scheduling meeting with the City's Human Resources Staff, project designee(s)* 2. Policy input and project direction meeting and briefing with Council, Human Resources and designee(s)* 3. Project briefing presentation for all employees, Council, City officials, City's project leaders* 4. Management and employee communication, progress reports throughout all project phases EXHIBIT A 5. Assistance with development and communication with a committee of employee representatives Total Compensation Surveys 6. Confirmation of survey cities to include in external total compensation comparisons 7. Identification of City occupations to utilize as survey benchmark job classifications 8. Solicitation of comparator employers and agencies for participation in external compensation surveys 9. Extraction of data from public employer compensation plans, questionnaires, reliable published surveys 10. Total compensation and benefits survey by bargaining unit for comparisons 11. Consolidation of data from all sources and calculation of prevailing rates for benchmark jobs 12. Computation of extent City's compensation offerings vary from external prevailing rates and practices 13. Review of competitiveness analysis with Human Resources, City Officials and City's project designees Classification Project Tasks 14. Occupational familiarization by review of City's current class specifications and compensation plans 15. Organizational familiarization by review of City organization charts, budgets, and annual reports 16. Job Analysis Questionnaire (JAQ) customized for gathering City employee occupation data EXHIBIT A 17. Meetings to distribute and explain the JAQ and the project for all City officials and employees 18. Worksite job desk audits I field observations with representatives of each class (200 included)* 19. Recommended title modifications and reclassifications for consideration by department heads 20. Modeling of job families and career ladders to include possible job title consolidation I clean up 21. Review of position classification recommendations with City's project staff and respective departments 22. Facilitation of employee participation and feedback process on any proposed classification changes 23. Preparation of updated class specs for each City job classification (as needed option) Compensation Plan Development 24. Construction of optional salary range structures for review and selection by City's project leaders 25. Assignment of job classes to salary ranges by internal equity and external competitiveness 26. Assistance with City Council identification of desired, affordable salary competitiveness policy 27. Fiscal impact estimates at various levels of external prevailing rates competitiveness policies 28. Review and critique of draft salary and implementation plans with Human Resources, project leaders EXHIBIT A Communication of Results and Implementation Strategies 29. Preparation and presentation of final project reports for the City Council, staff, and City Officials 30. Development of a plan for the implementation of City's updated classification and compensation plan 31. Uploading of EZ COMPTM program files on a Human Resources Department computer, staff training 32. Development and provision of process for ongoing plan maintenance and subsequent plan updates 33. Assistance with communicating the City's updated plans for all City officials and employees. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. We request that the Human Resources and City's Project Manager(s) review our work to minimize the chance of errors and to ensure that it reflects the City's organizational values. 2. We will obtain policy direction from the City Council, Human Resources staff, and/or City Officials on the following key components of the compensation plan development process: a. Comparator Employer Selection b. Job Evaluation Method-Salary Plan Linkage c. Benchmark Job Class Selection d. Draft Compensation Plan Review I Critique e. Compensation Competitiveness Policy f. Total Compensation Points for Analysis g. Salary Structure Selection EXHIBIT A h. Project Implementation Plan D. WORK PROGRAM/PROJECT SCHEDULE: ESTIMATED TIMELINES Phase I-Total Compensation Survey: 90-120 Days Phase II -Position Classification and Titling: 90-120 Days Phase III -Employee Feedback and Implementation: 90 Days EXHIBIT A EXHIBIT "B" Payment Schedule (Fixed Fee Payment) 1. CONSULT ANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULT ANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULT ANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULT ANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULT ANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B 1 2 3 4 5 6 7 8 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR Table of Contents Scope of Services ..................................................................................................... 1 City Staff Assistance ................................................................................................ 2 Term; Time of Performance ..................................................................................... 2 Compensation .......................................................................................................... 2 Extra Work ............................................................................................................... 2 Method of Payment .................................................................................................. 3 Disposition of Plans, Estimates and Other Documents ........................................... 3 Hold Harmless ......................................................................................................... 3 9 Professional Liability Insurance ............................................................................ .4 10 Certificate of Insurance ............................................................................................ 5 11 Independent Contractor ............................................................................................ 6 12 Termination of Agreement ....................................................................................... 6 13 Assignment and Delegation ...................................................................................... 6 14 Copyrights/Patents ................................................................................................... 7 15 City Employees and Officials .................................................................................. 7 16 Notices ......................................................................................... 7 1 7 Consent .................................................................................................................... 8 18 Modification ............................................................................................................. 8 19 20 21 22 23 24 25 26 27 28 29 Section Headings ..................................................................................................... 8 Interpretation of this Agreement .............................................................................. 8 Duplicate Original .................................................................................................... 9 Immigration ............................................................................................................... 9 Legal Services Subcontracting Prohibited ................................................................ 9 Attorney's Fees .......................................................................................................... 10 Survival ..................................................................................................................... 10 Governing Law ......................................................................................................... 10 Signatories ................................................................................................................. 10 Entirety ...................................................................................................................... 10 Effective Date ................................................................................. 11 OP ID: LE ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DPNYYV) ~ 03/03/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RlGHTS UPON THE CERTIFICATE HOLDER. THtS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BE1WEEN THE ISSUING INSURER(S), AUTHORIZED REPRSSENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder fs an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In Heu of such endorsement{s}. PRODUCER ~2M~~cr Lora Erickson, C.l.C., C.R.M. Business Insurance Services r~8'Wo Ext\: 602"953"3100 I f ,63 Nol: 602-9~3-3229 PO Eox 30388 Phoenix, AZ 86046 Wt~~ss: guiinc(@.aol.com Lora Erickson bn~~g~~~.!ll 11: PUBLl-1 INSURER{S) AFFORDING COVERAGE NAIC# IHSUrtED Public Sector Personnel INSURER A: United States Liability Ins Co Consultants Inc. I 2824 N Power Rd. #113-486 INSURER B: Mesa, AZ 85215 INSURERC: INSURERO: INSURER E: INSURER P: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTE:D BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQVlREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CE;RTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS. INSR iYPE OF INSURANCE ADDL t;VBR f~g}-6%~1 POLlCYl:XP LIMITS LIR 11..t<Hi IAJ\Jn POLICY NUM6E!R IMMJPONYYYl GENERAL L!ABILliY EACH OCCURRENCE $ ,.......--DAMAGE TO RENTED - -COMMERCIAL GENERAL LlABlLITY PREMISES (Ea occvrrencel $ -LJ ClAIMS-MADE D OCCUR MED EXP {Any one person) $ PERSONAL &AOV INJURY $ - GENERAL AGGREGATE $ f- GEN'l AGGREGATE LIMIT APPLIES PER: PRODUCTS ~COMP/OP AGG $ -·-.. -· !l POLICY n ~~AJ.;: nLOC $ AUTOMOBIL!i l.IAEllL\lY COMSINEO SINGLE LIMIT $ ,---APPROVE:D AS TO FOR~ (Ea accident) -ANY AUTO ~ -.. 4 -~·' 1', BODILY INJURY {Per person) $ ALL OWNED AUTOS f--By:_ ~ ,....._ ff BODILY INJURY {Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE -MICHAEL £1. GATES $ HlRED AUTOS CllY AiTORNEY {PER ACCIDENT} ,_ NON-OWNED AUTOS cm OF HUNllNGTON BEt CH $ ,._ $ UMBRELLA UA8 H OCCUR EACH OCCURRENCE $ f--- EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEOUCllBLE $ -·- RETENTION $ $ WORKERS COMPENSATION I T~2~IfJ.~s I !OJ~-AND EMPLOYERS' LIABILITY y IN ANY PROPRIETOR/PARTNER/EXECUTIVE D NIA E.L. EACH ACCJDENT $ OFFICER/MEMBER EXCLUDED'? (Mandatory In NH) ~: DISEASE -EA EMPLOYEE $ ~~s6~i?n~N io?oPEMTIONS below E. L. DISEASE-POLICY LIMIT $ A Professlonal SP15639430 08/04/2020 08/0412021 Per Occr. 1,000,000 Liablllty Per Agg. 2,000,000 DESCRIPTION OF OPE.RATIOHS /LOCATIONS I VEHICLE$ (Att;.oh ACORD 101, Additional Romat1<$ Schodulo, lf moro spaco Is roqulrod} K45 day notice of cancellation with a 1 O d~ n~tice of cancet\;'ition fW non §a~~ent of ~remlum. Polic~ is Claims Ma el 2,500 Deduct! e app 1es. u ect tot e terms, oond Ions and exolus ons of the policy. CERTIFICATE HOLDER CANCELLATlON CITYHU1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main St. Huntington Beach, CA 92646 AUTllORlZEO REPRESENTATIVE I .:.:;:::::~~.:.;.~~-·----- © 1988·2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD ITEM #22 CITY OF MONTEBELLO CITY COUNCIL AGENDA STAFF REPORT TO: Honorable Mayor and City Council FROM: René Bobadilla, City Manager BY: Nicholas Razo, Director of Human Resources and IT SUBJECT: Selection for Award of Contract for The City of Montebello’s Classification and Total Compensation Study DATE: August 12, 2020 RECOMMENDATION It is recommended that the City Council: 1) Authorize the City Manager to execute an agreement with an approval by the City Council to award a contract to Public Sector Personnel Consultants for the City’s Classification and Total Compensation Study. BACKGROUND The City of Montebello’s current classification and compensation system has not been evaluated since 2008. It is best practice for organizations to routinely conduct these studies every five (5) years to ensure that classification methods continue to meet the organizations needs and pay practices and strategies remain competitive, sustainable, and equitable. In addition, during the 2019 contract negotiations, each of the City’s eight (8) bargaining units requested a classification and total compensation study. The overall goals of a classification and total compensation study include:  Ensure market/internal structure alignment  Ensure accuracy of classification/job description structure  Identify paths for career progression  Modernize position titles  Address recruitment and retention needs to ensure the City is both competitive and consistent with comparable employers  Update Americans Disability Act and Fair Labor Standards Act compliance requirements CITY COUNCIL AGENDA STAFF REPORT – MEETING OF AUGUST 12, 2020 SELECTION FOR AWARD OF CONTRACT FOR THE CITY OF MONTEBELLO’S CLASSIFICATION AND TOTAL COMPENSATION STUDY Page 2 of 3 ANALYSIS Staff prepared and posted a Request for Proposal that detailed the City’s requirements for the project. The City received a total of thirteen (13) proposals for the Classification and Total Compensation Study. Of the number of proposals submitted, four (4) were deemed responsive and qualified proposals as well as within the allotted budgeted amount for Fiscal Year 2020-2021 for this project. The four (4) firms are as follows: Public Sector Personnel Consultants HR Compensation Consultants, LLC Ralph Andersen & Associates Logic Compensation Group The proposals were reviewed using the following criteria: · Compliance with the Request for Proposal · Understanding of the project · Services to be provided · Ability to complete the work within the time specified · Qualifications of the firm, including but not limited to its public service experience and personnel assigned to the project and any subcontractors, if any · Cost On July 15, 2020, City Staff to include Director of Human Resources/IT, and the Senior Human Resources Analysts met and interviewed each of the firms via video- conferencing. Based on their interview, Public Sector Personnel Consultants surpassed all required qualifications. In addition to the required qualifications they work exclusively with public sector agencies and have successfully completed over 1000 comparable studies. Public Sector Personnel Consultants was unanimously, amongst the rating panel, determined to be the most qualified to perform the Study for the City of Montebello. The final report will be brought to the City Council for approval as the City’s Classification and Total Compensation Plan. FISCAL IMPACT Public Sector Personnel Consultants’ fee proposal is outlined below: Major Project Components – Classification Study* - Planning Meetings, Kick Off, Communication $ 5,000 - Job Information Interviews / Desk Audits (100 included) $ 10,000 - Position Classification, Job Titling, FLSA $ 5,000 - Updated Job Descriptions/Class Specifications (100 included) $ 10,000 CITY COUNCIL AGENDA STAFF REPORT – MEETING OF AUGUST 12, 2020 SELECTION FOR AWARD OF CONTRACT FOR THE CITY OF MONTEBELLO’S CLASSIFICATION AND TOTAL COMPENSATION STUDY Page 3 of 3 Classification Study: $ 30,000 Major Project Components – Compensation Study - Total Compensation Survey $ 30,000 - Pay Plan Modeling, Implementation Options and Costing $ 7,500 - Reporting and Presentations $ 2,500 Compensation Study: $ 40,000 Total Not-To-Exceed: $70,000 The proposed fee is within the budgeted amount set forth in the FY 2020 -2021 budget for this project. SUMMARY Staff is recommending that the City Council award a Professional Services Agreement to Public Sector Personnel Consultants for City’s Classification and Total Compensation Study and authorize the City Manager to execute the Professional Services Agreement on behalf of the City. ATTACHMENTS 1) Request for Proposal No. 20-12 2) Draft Professional Services Agreement 3) Public Sector Personnel Consultants Proposal 1 REQUEST FOR PROPOSAL FOR CITYWIDE CLASSIFICATION AND TOTAL COMPENSATION STUDY RFP No. 20-12 Nicole Mooshagian, Senior Human Resources Analyst Issued Date: April 23, 2020 City of Montebello 1600 W. Beverly Boulevard Montebello, CA 90640 (323) 887-1200 *419 Due Date: May 24, 2020 2 I. INTRODUCTION The City of Montebello is soliciting proposals from qualified consulting firms, experienced in the development of a job evaluation and compensation system. Our desire is to obtain a consultant who will assist the City in reviewing the existing job descriptions and compensation system including all benefits, analyze the current jobs performed by employees, determine the correct market pay for each position, establish the market value of the employee benefits package and provide a market analysis of the total compensation including salary and benefits. We expect the consultant to make recommendations for adjustments to pay and benefits that may be needed. All prospective consultants will be afforded full opportunity to submit statements of qualifications in response to this request and will not be discriminated against on the grounds of age, ancestry, color, race, gender, gender identity, gender expression, genetic information, marital status, medical condition, military and veteran status, religion, national origin, sex, sexual orientation, religious creed, transgender status or disability in consideration for an award of any contract entered into pursuant to this notice. This Request for Proposals (RFP) is an invitation by the City of Montebello for consultants to submit an offer, which may be subject to subsequent discussion. Submittal of a proposal does not create any right or expectation to a Contract with the City of Montebello. The City of Montebello reserves the right to reject any or all proposals and the City further declares that it will incur no financial obligations for any costs by any firm in preparation of their proposal. II. Statement of Qualifications and Approach To be considered, a vendor must be a consulting firm with expertise in e valuating pay scales, benefits, job descriptions and market pay/benefit analyses. The consultant should be able to provide references from other municipalities or government agencies where similar work was performed. III. Criteria for Selection The City will evaluate each proposal and select a firm. All proposals submitted will be evaluated using the following criteria:  Compliance with the RFP  Understanding of the project  Services to be provided  Ability to complete the work within the time specified  Qualifications of the firm, including but not limited to its experience and personnel assigned to the project and any subcontractors, if any.  Cost IV. Cost and Fee Arrangements 3 The consultant must provide a proposal with maximum cost for the project based on the project as described herein. To the extent desired, additional recommendations and services or options may be included as additions to the project on an optional basis. These optional items shall be priced separately from this Request for Proposal. V. City of Montebello Background Information The City of Montebello is a full-service, general law city, governed by a council – Administrator form of government and provides a f ull range of municipal services. The City employs approximately 526 employees. Montebello was incorporated in 1920 and has a population of about 64,500. Encompassing approximately 8.25 square miles, Montebello is situated 10 miles east of Los Angeles, in Los Angeles County. The City is noted for its excellent residential areas and shopping facilities, such as Montebello Town Center and Montebello Town Square. The City of Montebello employs approximately 382 full-time employees and 144 part-time employees. VI. Scope of Work The City expects ongoing and open communications between designated City representatives and the consultant over the course of each phase. All products and recommendations must comply with applicable State and Federal laws and enhance the City’s ability to recruit and retain qualified personnel. Proposed Timeline DATE Request for Proposals Issued April 23, 2020 Due Date for Proposals May 24, 2020 Evaluation of Proposals Period Week of May 25, 2020 Interview(s) Week of June 15, 2020 Recommendation to City Council July 08, 2020 The City of Montebello will provide the following information to the successful consultant:  Copies of all wage and salary schedules  Copies of all employee benefit schedules  Copy of City of Montebello’s Organizational Chart The City anticipates that the study will involve two broad phases of work comprised of the following key tasks: A. The Classification Study (Non-Sworn Only) 1. Review current classification specifications and analyze knowledge, skill, ability, education and experience relevance and hierarchical consistency, conformity with ADA language relative to essential job functions (including physical requirements); 4 position definitions, distinguishing characteristics, supervision received and exercised, position duties and special requirements including license and certification requirements; 2. Conduct orientation and briefing sessions to explain the scope of the study to affected employees and association representatives; 3. Develop and distribute job analysis questionnaires; 4. Review and analyze completed job-related questionnaires; 5. Conduct interviews with a representative sample of covered employees; 6. Review various job series in terms of appropriateness; 7. As appropriate, recommend new classes and/or recommend deletion of outdated or unnecessary classes; 8. Draft up-to-date, accurate class specifications in a format approved by Human Resources; 9. Provide periodic status reports as requested. B. The Compensation Study (Non-Sworn and Sworn, Excluding Executive Management) 1. Review of current compensation practices and related issues; 2. Complete internal salary relationship analysis including the development of appropriate internal relationship guidelines (internal equity); 3. Recommend salary relationship/differentials between classes in each class series; 4. Recommend logical and defensible comparable agencies (external equity); 5. Make recommendations, if needed, to compensation plan based on Fair Labor Standards Act (FLSA) exempt or non-exempt designation; 6. Recommend salary survey benchmarks in conjunction with relevant benchmark classifications; 7. Develop externally competitive and internally equitable salary recommendations for each job class included in the study; 8. Present and explain proposed comparable agency list to employee associations and Council (if requested); 9. Provide written documentation of assessment methodology; 5 10. Train City staff in the methodology used to systematically assess job classifications in order to maintain internal compensation equity in the future when adding, changing, or deleting classifications. VII. RFP Requirements Responses to this request should include the following information: 1. Consultant name and/or business name, DBA (if applicable) and principal contact person, including office location, address, telephone number, fax number, and e-mail address. 2. Qualifications information, which demonstrates the knowledge, experience, and capability that will enable the respondent to provide the services outlined in the Scope of Services, including a brief description and history of the firm and/or individual including the number of years in business, number of classification and compensation studies completed and the range of services offered. Where relevant, key individuals who may be involved in providing or developing the services should be identified and listed. Please provide resumes for all proposed key personnel. 3. A description of the proposed study components. Identify the key steps. Describe how you plan to interface with employees and managers to validate job descriptions. Describe the scope of involvement of city staff. 4. Describe what factors you recommend be considered to assess comparable agencies. 5. Provide a timeline for this process 6. Provide at least three references that can be contacted for verification of the respondents experience and qualifications. The references will be public agencies, for which you and/or your firm have provided classification and compensation services within the past three years. Identify similar process on which the respondent has worked, and contact information. 7. Indicate the proposed compensation rate and fee structure for the described services and provide the price of each component including optional services. VIII. FORMAT AND DELIVERY OF RESPONSE Proposals will be received through 5:00 p.m. on May 24, 2020. Only one (1) electronic copy is required to be submitted via Planet Bids: A. Proposal Submittals: All proposals must be electronically submitted through PlanetBids’ Bidder Portal, accessed through the City of Montebello’s offic ial website at http://www.cityofmontebello.com/rfp-bids/bid-opportunities.html. All Prospective Proposers must register to bid through the PlanetBids Vendor Portal found on the 6 City of Montebello’s website at the link provided above. There is no fee to register and bid on this Request for Proposals. Questions during the solicitation period shall be submitted through Planet Bids or by email, and may be addressed to: City of Montebello Human Resources Nicole Mooshagian, Senior Human Resources Analyst nmooshagian@cityofmontebello.com IX. Contact with City Personnel At no time shall the consultant, its agents, representatives or contracted personnel contact or otherwise communicate with City department personnel without prior arrangement with the Senior HR Analyst, Nicole Mooshagian, or her designee, for the purposes of negotiating, modifying, changing or interpreting the proposal or specifications. Any changes, modifications, or interpretations must be handled by one source uniformly for all consultants. All questions relating to the statements contained in the RFP are to be addressed in writing to Senior Human Resources Analyst, Nicole Mooshagian at 1600 W. Beverly Blvd., Montebello, CA 90640 or via e-mail at nmooshagian@cityofmontebello.com. X. Addenda to RFP If it becomes necessary to revise any part of this RFP, addenda will be supplied to all firms receiving this Request for Proposal. The selected provider will enter into a contract with the City of Montebello for consulting services for a term to be mutually agreed upon by the City and selected firm. For informational purposes, the City of Montebello’s Professional Services Agreement is attached to this RFP as Attachment A. XI. Review and Selection Criteria City staff will evaluate the materials provided in response to the Request for Proposal, which shall be evaluated on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance. Therefore, the contract for professional services need not be awarded to the lowest responsible bidder; however, cost may be considered as one factor. Specifically proposals will be evaluated utilizing the following criteria: 1. Understanding of the scope of work and the overall classification and compensation study goals including Consultant’s strategy for carrying out the needed work tasks to meet the goals. 2. Skills and experience of assigned personnel, availability of staff; experience and performance of Consultant on similar studies. 7 3. Consultant’s expertise and ability to successfully handle communication with City staff relative to all phases of the process. 4. The present workload of the consultant and their ability to meet the proposed schedule. 5. Clarity of presentation and content of the responses to this request. Elaborate or costly submissions are not required. 6. Record of performance, including results of reference checks. 7. Proposed plan for completing the work in a timely and professional manner. 8. Cost of proposal. 9. Oral presentation, if applicable. An oral presentation by the proposers in final contention for award of a Professional Services Agreement may be required as a regular part of the bid process. The purpose of the oral presentation would be twofold: First, to allow the proposer to demonstrate capabilities of the firm and to clarify proposer’s responses to the RFP; and second, to allow City staff to meet the proposer’s key personnel who would be assigned to the project. Attendance at such a presentation shall be at the proposer’s expense. Right to Reject Proposals The City of Montebello reserves the right to reject any or all proposals should be deemed in its best interest to do so. Any award made for this engagement will be made to the bidder which, in the opinion of the City, is best qualified to conduct the classification and compensation study. The selection of the proposal will be made at the sole discretion of the City. XII. Disclosure of Proposals/Public Records Act Proposals will be kept confidential until such time as the City has completed its evaluation. Proposers are cautioned that the agreement and proposals submitted are public records in accordance with the California Public Records Act (Govt. Code Section 6250 et seq.). All proposals submitted in response to this RFP will become the property of the City of Montebello and a matter of public record. The vendor must identify, in writing, all copyrighted material, trade secrets, or other proprietary information that it claims is exempt from disclosure. Any firm claiming such an exemption must also state in its proposal that the firm agrees to hold harmless, indemnify and defend the City and its agents, officials and employees in any action or claim brought against the City for its refusal to disclose such materials, trade secrets or other proprietary information to any party making a request therefore. Any firm failing to include such a statement shall be deemed to have waived its right to an exemption from disclosure. XIII. Pre-Contractual Expenses 8 Any cost incurred by the proposer in preparation, transmittal, presentation of any proposal or material submitted in response to this RFP shall be borne solely by the proposer. The City of Montebello shall not, in any event, be liable for any pre -contractual expenses incurred by any bidder. In addition, no bidder shall include any such expenses as part of the price proposed. XIV. Authority to Withdraw Request for Proposal and/or Not Award Contract The City of Montebello reserves the right to withdraw this RFP at any time without prior notice. Further, the City expressly reserves the right to postpone t he opening of proposal for its own convenience and to reject any and all proposals in response to this RFP without indicating any reasons for such rejection(s). XV. Consultant’s Independence Consultant is an independent contractor with respect to all services performed under this Contract. Consultant accepts full and exclusive liability for the payment of any and all premiums, contributions, or taxes for worker’s compensation, Social Security, unemployment benefits, health benefits, sick leave or other employee benefits now and hereinafter imposed under any state or federal law which are measured as wages, salaries or other remuneration paid to persons employed by Consultant on work performed u nder the terms of this Contract. Consultant shall defend, indemnify and hold harmless the City from any claims or liability for such contributions or taxes. Nothing contained in this Contract nor any act of the City, or consultant, shall be deemed or const rued to create any third party beneficiary or principal and agent association or relationship involving the City. Consultant is not the City’s agent and Consultant has no authority to take any action or execute any documents on behalf of the City. XVI. Sub-Contractor The use of any sub-contractor must be approved in advance in writing by the City and must meet the requirements of this RFP. Use of sub -contractors must be clearly explained in the proposal, and major sub -consultants must be identified by name. Prime consultants shall be wholly responsible for the entire performance whether or not sub - consultants are used. XVII. Price Changes All prices shall be firm and not subject to increase during the period of the Contract. XVIII. Laws of Governance The selected firm will be required to comply with all existing State and Federal laws including applicable equal opportunity employment provisions. The Contract shall also be construed and governed in accordance with the law of the State of California and the City of Montebello. Consultant shall comply with all federal, state and local laws, ordinances and regulations applicable to the work. Consultant, at its own expense, shall secure all occupational and professional licenses and permits from public or private sources necessary for the fulfillment of its obligations under this Contract. 9 XIX. Modification, Mistakes or Withdrawal of Proposals Responses to this RFP may be modified or withdrawn by written, e -mail or facsimile notice prior to the date specified for receipt of proposals. A proposal may be withdrawn by the vendor or its authorized representative prior to 5:00 p.m. on May 24, 2020. Telephone withdrawals are not permitted. If the apparent best qualified firm discovers a mistake, of a serious and significant nature, in its proposal which is unfavorable prior to the issuance of a Contract, it may request consideration to modify or withdraw the proposal. The City reserves the right to reject any and all requests for correction or withdrawal of proposal received after the date shown in the specifications. In all cases, the decision of the City Council is final. A mistake in proposal will not be considered once a contract is issued. XX. Reservation of Rights The City of Montebello reserves the right to:  Accept or reject any and all proposals received in response to this RFP, and to re - advertise for new submittals.  Waive or modify any irregularities in proposals received after prior notification to the vendor.  Request the submission of proposal modifications at any time before the award is made, if such is in the best interest of the City.  Consider proposals or modifications received at any time before the award is made, if such is in the best interest of the City.  Request clarification and/or additional information from the vendor during the evaluation process.  In the event of Contract termination, enter into Contract negotiations with other qualified firms that submitted acceptable proposals, rather than redoing the proposal process for the project.  Negotiate with the selected consultant to include further services not identified in this RFP. XXI. Expiration of the Proposal By submitting a proposal, and if awarded the RFP, the firm agrees to enter into a Professional Services Agreement, Attachment A, in which the content shall be agreed upon by both parties. The firm’s proposal shall n ot be revocable for 90 days following the response deadline indicated in the RFP. The City of Montebello reserves the right to waive any defects in the offer of any vendor, to reject any or all offers and to request additional information from any or all vendors. XXII. Work Results The work results and the reports may not be released by the Consultant without prior written consent of the City of Montebello. Thank you in advance for your interest in the City of Montebello, California. 10 City of Montebello Human Resources Department 1600 W. Beverly Boulevard Montebello, CA 90640 11 EXHIBIT A AFFIDAVIT OF NON-COLLUSION AFFIDAVIT OF NON-COLLUSION BY CONTRACTOR STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) , being first duly sworn deposes and says that he/she is (Insert "Sole Owner", "Partner", "President, "Secretary", or other proper title) of (Insert name of bidder) who submits herewith to the City of Montebello a proposal; That all statements of fact in such proposal are true; That such proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; That such proposal is genuine and not collusive or sham; That said bidder has not, directly or indirectly by agreement, communication or conference with anyone attempted to induce action prejudicial to the interest of the City of Montebello, or of any other bidder or anyone else interested in the proposed contract; and further That prior to the public opening and reading of proposals, said bidder: a. Did not directly or indirectly, induce or solicit anyone else to submit a false or sham proposal; 12 b. Did not directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham proposal, or that anyone should refrain from bidding or withdraw his proposal; c. Did not, in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the proposal price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element of his proposal price, or of that of anyone else; d. Did not, directly or indirectly, submit his proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any individual or group of individuals, except the City of Montebello, or to any person or persons who h ave a partnership or other financial interest with said bidder in his business. I certify under penalty of perjury under the laws of the State of California that the above information is correct By: Title: Date: 13 EXHIBIT B PROFESSIONAL SERVICES AGREEMENT CITY OF MONTEBELLO PROFESSIONAL SERVICES AGREEMENT NO. BY AND BETWEEN CITY OF MONTEBELLO AND [CONSULTANT NAME] CONSULTANTS THIS AGREEMENT (“Agreement”) is made and entered into on _______, 20__, by the CITY OF MONTEBELLO, a municipal corporation (hereinafter referred to as “CITY”) and [NAME OF CONSULTANT] (hereinafter referred to as “CONSULTANT”). CITY and CONSULTANT are sometimes referred to herein individual as a “Party,” and jointly as the “Parties.” RECITALS WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to City to ______________, as more fully described herein; and WHEREAS, CONSULTANT represents the degree of specialized expertise contemplated within California Government Code, Section 37103, and is qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees; and WHEREAS, no official or employee of CITY has a financial interest, within the provisions of Sections 1090 – 1092 of the California Government Code, in the subject matter of this Agreement; and DELETE THE FOLLOWING “WHEREAS” PARAGRAPH IF PSA AWARDED WITHOUT RFP PROCESS WHEREAS, CONSULTANT responded to CITY’s Request for Proposals dated [DATE] (RFP No. [X]), as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Consultant Proposal”). 14 NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows: SECTION 1. SERVICES / COMPENSATION. A. CONSULTANT shall provide to CITY those services that are set forth fully in the Scope of Services, as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Professional Services”). B. CONSULTANT shall complete the Scope of Services within the time set forth in the Schedule of Performance, as such is set forth in Exhibit “B” hereto and incorporated fully herein by this reference. B. CONSULTANT shall be compensated a sum not -to-exceed (the “Maximum Compensation”) for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto as Exhibit “C” and incorporated fully herein by this reference (“Compensation”). CONSULTANT shall provide an itemized billing statement to CITY each month for Professional Services performed. CONSULTANT shall not incur fees or costs which exceed the Maximum Compensation without the prior written consent of CITY. C. CITY will be invoiced at the end of the first billing period following commencement of work and at the end of each billing period thereafter. Payment in full of an invoice must be received by CONSULTANT within thirty (30) days of the date of such invoice. D. Work performed shall be deemed approved and accepted by CITY as and when invoiced unless CITY objects within fifteen (15) days of invoice date by written notice specifically stating the details in which CITY believes such work is incomplete or defective, and the invoice amount(s) in dispute. CITY shall pay undisputed amounts as provided for in the preceding paragraph. E. Failure of CITY to submit full payment of an invoice within thirty (30) days of the date thereof subjects this agreement and the work herein contemplated to suspension or termination at CONSULTANT's discretion. SECTION 2. TERM. This Agreement shall commence upon the date the last of the Parties executes this Agreement herein below (“Effective Date”), and shall terminate upon completion of the Scope of Services set forth herein, unless terminated sooner as provided in Section 7 herein. 15 [OPTIONAL LANGUAGE IF EXTENSIONS PERMITTED]: Thereafter, this Agreement may be extended for a maximum of [SPELL OUT NUMBER] (#) successive one (1) year periods. Such extensions, if any, will be evidenced by a written amendment to this Agreement]. The Parties agree that Sections 4(B), 9, 10, 11, 13, 16, 17, 18, and 19 shall survive for three (3) years following the expiration or termination of this Agreement. SECTION 3. PERFORMANCE. A. CONSULTANT shall at all times, faithfully, competen tly, and to the best of its ability, experience and talent, perform all tasks described herein. B. CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of CONSULTANT hereunder, in meeting its obligations under this Agreement. C. CONSULTANT shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command. D. CONSULTANT shall have the right to retain, subject to CITY's written approval, additional individuals, consultants or subcontractors to assist in the completion of services as herein defined. Compensation for additional individuals, consultants or subcontractors shall be the sole and exclusive responsibility of CONSULTANT. E. CONSULTANT shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years, unless otherwise provided for in Exhibit “A.” Upon CITY providing twenty-four (24) hours advanced prior notice, CONSULTANT shall make all records, invoices, time cards, cost control sheets and other records maintained by CONSULTANT in connection with this Agreement available during CONSULTANT’s regular working hours to CITY for review and audit by CITY. F. All reports, documents or other written material developed by CONSULTANT in the performance of this Agreement shall be and remain the property of CITY without restriction or limitation upon its use or dissemination by CITY. Such material shall not be the subject of a copyright application by CONSULTANT. Any alteration or reuse by CITY of any such materials on any project other than the Project shall be at CITY’s sole risk, unless CITY compensates CONSULTANT for such reuse. 16 SECTION 4. WORK PRODUCT. A. CONSULTANT hereby agrees that all work produced pursuant to this Agreement, and provided to CITY during and upon completion of this Agreement, shall be the property of CITY, and ownership of said work product shall be retained by CITY. CONSULTANT may take and retain copies of such written products as desired. B. All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agre ement are deemed confidential and shall not be disclosed by CONSULTANT without prior written consent by CITY. CITY shall grant such consent if disclosure is legally required. All such written products shall be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT agrees that the covenants contained in this Article shall survive the expiration or termination of this Agreement. C. Documents are provided in CONSULTANT’s standard software formats. CITY recognizes that electronic or magnetic data and its transmission can be easily damaged, may not be compatible with CITY’s software formats and systems, may develop inaccuracies during conversion or use, and may contain viruses or other destructive programs, and that software and h ardware operating systems may become obsolete. As a condition of delivery of electronic or magnetic data, CITY agrees to defend indemnify and hold CONSULTANT, its sub - contractors, agents and employees harmless from and against all claims, loss, damages, expense and liability arising from or connected with its use, reuse, misuse, modification or misinterpretation. In no event shall CONSULTANT be liable for any loss of use, profit or any other damage. SECTION 5. EXTRA SERVICES. No extra services over and above the Compensation shall be rendered by CONSULTANT under this Agreement unless such extra services first shall have been duly authorized in writing by CITY’s City Administrator (“City Administrator”). SECTION 6. CITY SUPERVISION. The City Administrator shall have the right of general supervision of all work performed by CONSULTANT and shall be CITY’s agent with respect to obtaining CONSULTANT’s compliance hereunder. No payment for services rendered under this Agreement shall be made without the prior approval of the City Administrator. SECTION 7. TERMINATION. In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non - defaulting party shall give the defaulting party written notice of the default, the 17 nature of the default, and of the steps necessary to cure the default. A. Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non -defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by CONSULTANT which cannot be corrected within ten (10) days, said contract shall at the option of CITY cease and terminate upon the giving o f like notice. In the event of any such termination for default by CONSULTANT, CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of CONSULTANT. CONSULTANT and his sureties shall be liable to CITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract. In the event of a termination for cause, CONSULTANT shall only be entitled to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination. B. Termination for Convenience. CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, after giving written notice to CONSULTANT at least five (5) business days before the termination is to be effective. Upon the termination of this Agreement as provided herein, CITY shall provide to CONSULTANT the part of Compensation which would otherwise be payable to CONSULTANT for services CONSULTANT had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by CITY, the Parties agree that CONSULTANT shall be reimbursed for any “non-refundable” costs that CONSULTANT has incurred for its services under this Agreement, provided that: (1) such “non - refundable” costs were incurred by CONSULTANT prior to the date of termination; (2) that CONSULTANT provides CITY with adequate proof that CONSULTANT incurred the costs, and is unable to be seek a refund for such costs; and (3) such costs were within the scope of work or services to be perfo rmed under this Agreement. Such “non- refundable” costs may include, but are not limited to, travel reservations incurred by CONSULTANT for its performance of services under this Agreement. CONSULTANT agrees to cease all work under this Agreement on or be fore the effective date of any notice of termination. SECTION 8. EMPLOYMENT OF CITY EMPLOYEES. No regular employee of CITY shall be employed by CONSULTANT during the Term of this Agreement. 18 SECTION 9. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES. No official or employee of CITY shall be personally liable to CONSULTANT in the event of any default or breach by CITY, or for any amount which may become due to CONSULTANT. SECTION 10. INDEPENDENT CONTRACTOR. A. CONSULTANT is and shall, at all times, remain as to CITY a wholly independent contractor. Neither CITY nor any of its elected officials, officers, employees or agents shall have control over the conduct of CONSULTANT except as expressly set forth in this Agreement. CONSULTANT shall not at any time or in any manner represent that he is in any manner an elected official, officer, employee or agent of CITY. No employee benefits shall be available to CONSULTANT in connection with the performance of this Agreement. Except as provided in this Agreement, CITY shall not pay salary, wages, or other compensation to CONSULTANT for performance hereunder for CITY. CITY shall not be liable for compensation to CONSULTANT, CONSULTANT’s employees or CONSULTANT’s subcontractors for injury or sickness arising o ut of performing services hereunder. B. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement. C. CITY shall not deduct from the Compensation paid to CONSULTANT any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to CONSULTANT. CITY shall have no responsibility to provide CONSULTANT, its employees or subcontractors with workers’ compensation insurance or any other insurance. SECTION 11. PERS ELIGIBILITY INDEMNITY. A. In the event that CONSULTANT or any employee, agent, or subcontractor of CONSULTANT providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of CITY, CONSULTANT shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONSULTANT or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of CITY. 19 B. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, CONSULTANT and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by CITY, including but not limited to eligibility to enroll in PERS as an employee of CITY and entitlement to any contribution to be paid by CITY for employer contribution and/or employee contributions for PERS benefits. SECTION 12. LEGAL RESPONSIBILITIES. CONSULTANT shall at all times observe and comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments including, but not limited to the Montebello Municipal Code. CITY, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of CONSULTANT to comply with this section. SECTION 13. INDEMNIFICATION. CONSULTANT agrees to, and shall defend, indemnify, protect and hold harmless, CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of CONSULTANT’S negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of CITY. SECTION 14. INSURANCE COVERAGE. During the Term of this Agreement, CONSULTANT shall carry, maintain, and keep in full force and effect all of the following minimum scope of insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with CONSULTANT’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:  Commercial General Liability (CGL): Broad-form, Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including premise-operations, products-completed operations, broad form property damage, blanket contractual liability, inde pendent contractors, personal injury or bodily injury, and advertising injury, with limits no less than Two Million Dollars and Zero Cents ($2,000,000), combined single limits, per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit. 20  Business Automobile Liability Insurance: For owned vehicles, hired, and non-owned vehicles, Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if CONSULTANT has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than One Million Dollars and Zero Cents ($1,000,000.00) per accident for bodily injury and property damage.  Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than One Million Dollars and Zero Cents ($1,000,000.00) per accident for bodily injury or disease. CONSULTANT agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers for losses arising from work performed by CONSULTANT for CITY and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies. By executing this Agreement, CONSULTANT further certifies as follows: I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers’ Compensation or to undertake self-insurance before commencing any of the work contemplated herein.  Professional Errors and Omissions (E&O) Liability insurance appropriate to the CONSULTANT’s profession, with limit no less than Two Million Dollars and Zero Cents ($2,000,000.00) per occurrence or claim, Two Million Dollars and Zero Cents ($2,000,000.00) aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. If the policy is written as a “claims made” policy, the retroactivity date shall be prior to the start of work set forth herein, CONSULTANT shall obtain and maintain said E&O liability insurance during the Term of this Agreement and for five (5) years after completion of work hereunder. If coverage is canceled or non -renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of this Agreement, CONSULTANT shall purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work. If CONSULTANT maintains higher limits than the minimums shown above, CITY requires and shall be entitled to coverage for the higher limits maintained by CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY. CONTACTOR shall require each of its subcontractors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement. 21 The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California, with a current rating of at least A:VII in the latest edition of Best's Insurance Guide, and approved by CITY. Each insurance policy required herein shall state that coverage shall not be canceled, except after providing CITY thirty (30) days’ (or ten [10] calendar days’ for non-payment) prior written notice. CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either: (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at CONSULTANT’S expense, the premium thereon. At all times during the Term of this Agreement, CONSULTANT shall maintain on file with CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming CITY, its officers, agents, employees and volunteers as an additional insured. CONSULTANT shall, prior to commencement of work under this Agreement, file with CITY’s Risk Manager such certificate(s). CONSULTANT shall provide proof that policies of insurance re quired herein expiring during the Term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days’ prior written notice to CITY. CONSULTANT agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions. Except for professional liability and workers’ compensation policies, the policies herein are primary and non -contributing with any insurance that may be carried by CITY. Any insurance or self-insurance maintained by CITY, its officers, employees, agents or volunteers, shall be in excess of CONSULTANT’s insuranc e and shall not contribute with it. All insurance coverage provided pursuant to this Agreement shall not prohibit CONSULTANT, and CONSULTANT’s employees, agents or subcontractors, from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver if subrogation endorsement from the insurer. 22 Coverage not affected. Any failure to comply with the reporting provisions of the policies contemplated herein, shall not affect coverage provided to CITY, its elected and appointed boards, officers, officials, employees, agent s and volunteers. Coverage applies separately. CONSULTANT’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, CONSULTANT shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CONSULTANT shall procure a bond guaranteeing payment of losses and expenses. Procurement of insurance by CONSULTANT shall not be construed as a limitation of CONSULTANT's liability or as fall performance of CONSULTANT’s duties to indemnify, hold harmless and defend under Section 9 of this Agreement. CITY, its officers and employees shall not be responsible for any claims in law or in equity occasioned by failure of CONSULTANT to comply with this section. CITY reserves the right to modify these requirements, including limits, based on the nature of risk, prior experience, insurer, coverage, or other special circumstances. SECTION 15. SUBCONTRACT, ASSIGNMENT OR DELEGATION. CONSULTANT shall not subcontract, delegate or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of CITY. Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed sub -contractor, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved. Any subcontract, delegation or assignment shall be made in the name of CONSULTANT and shall not bind or purport to bind CITY and shall not release CONSULTANT from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees or sub-contractors. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to CONSULTANT under the Agreement. 23 SECTION 16. NO WAIVER. Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition or covenant hereof. SECTION 17. DISPUTE RESOLUTION; GOVERNING LAW. Disputes regarding the interpretation or application of any provision(s) of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties. If any action at law or in equity is brought to enforce this Agreement or because of alleged dispute, breach, default or misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, expert fees, costs and necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be County of Los Angeles, California. The Parties agree that the covenants contained in this Article shall survive the expiration or termination of this Agreement. SECTION 18. ATTORNEY’S FEES AND COSTS. If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees and costs in addition to any other relief to which it may be entitled. SECTION 19. WARRANTIES. Each of the parties represents and warrants to one another as follows: A. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement; B. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and C. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement. 24 SECTION 20. MISCELLANEOUS. A. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions. B. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa. C. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, il legal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. D. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described. E. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered. F. Each of the parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel. Each party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such party’s failure to perform under this Agreement or any agreement referred to in this Agreement. G. To the extent of a conflict between the terms of this Agreement and those set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern. 25 SECTION 21. NOTICE. All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice: CITY ADMINISTRATOR CONSULTANT City of Montebello 1600 West Beverly Boulevard Montebello, California 90640 SECTION 22. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER. In the performance of this Agreement, CONSULTANT shall not discriminate against any employee, sub-contractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, mental condition or sexual orientation. CONSULTANT will take affirmative action to ensure that sub -contractor and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. SECTION 23. CONFLICT OF INTEREST. CONSULTANT and its officers, employees, associates and subconsultants, if any, shall comply with all California conflict of interest statutes applicable to Consultant’s Services under this Agreement, including, but not limited to, the Political Reform Act (Gov. Code, § 81000 et seq.) and Government Code Section 1090. CONSULTANT further covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by CONSULTANT under this Agreement, or which would conflict in any manner with the performance of its services hereunder. CONSULTANT further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, CONSULTANT shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement. CONSULTANT covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to CITY as a result of the performance of this Agreement, or the services that may be procured by CITY as a result of the recommendations made by CONSULTANT. 26 CONSULTANT's covenant under this section shall survive the termination of this Agreement. SECTION 24. ENTIRE AGREEMENT. This Agreement contains the entire understanding between CITY and CONSULTANT. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding. CITY OF MONTEBELLO CONSULTANT _______________________ _____________________ René Bobadilla Name and Title City Manager Dated: _____________ Dated: _____________ ATTEST: ______________________ Irma Barajas City Clerk APPROVED AS TO FORM ________________________ Arnold M. Alvarez-Glasman City Attorney 27 Exhibit “A” Scope of Services 28 Exhibit “B” Schedule of Performance 29 Exhibit “C” Schedule of Compensation EXHIBIT D TO CONTRACT EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS A. Contractor certifies and represents that, during the performance of this Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated facilities. B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age. C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their membership in a protected class. D. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law. 4845-3796-3299, v. 1 PROFESSIONAL SERVICES AGREEMENT CITY OF MONTEBELLO PROFESSIONAL SERVICES AGREEMENT NO. BY AND BETWEEN CITY OF MONTEBELLO AND PUBLIC SECTOR PERSONNEL CONSULTANTS THIS AGREEMENT (“Agreement”) is made and entered into on _______, 20__, by the CITY OF MONTEBELLO, a municipal corporation (hereinafter referred to as “CITY”) and [NAME OF CONSULTANT] (hereinafter referred to as “CONSULTANT”). CITY and CONSULTANT are sometimes referred to herein individual as a “Party,” and jointly as the “Parties.” RECITALS WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to City to ______________, as more fully described herein; and WHEREAS, CONSULTANT represents the degree of specialized expertise contemplated within California Government Code, Section 37103, and is qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees; and WHEREAS, no official or employee of CITY has a financial interest, wi thin the provisions of Sections 1090 – 1092 of the California Government Code, in the subject matter of this Agreement; and DELETE THE FOLLOWING “WHEREAS” PARAGRAPH IF PSA AWARDED WITHOUT RFP PROCESS WHEREAS, CONSULTANT responded to CITY’s Request for Proposals dated [DATE] (RFP No. [X]), as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Consultant Proposal”). NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows: SECTION 1. SERVICES / COMPENSATION. A. CONSULTANT shall provide to CITY those services that are set forth fully in the Scope of Services, as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Professional Services”). B. CONSULTANT shall complete the Scope of Services within the time set forth in the Schedule of Performance, as such is set forth in Exhibit “B” hereto and incorporated fully herein by this reference. B. CONSULTANT shall be compensated a sum not-to-exceed (the “Maximum Compensation”) for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto as Exhibit “C” and incorporated fully herein by this reference (“Compensation”). CONSULTANT shall provide an itemized billing statement to CITY each month for Professional Services performed. CONSULTANT shall not incur fees or costs which exceed the Maximum Compensation without the prior written consent of CITY. C. CITY will be invoiced at the end of the first billing period following commencement of work and at the end of each billing period thereafter. Payment in full of an invoice must be received by CONSULTANT within thirty (30) days of the date of such invoice. D. Work performed shall be deemed approved and accepted by CITY as and when invoiced unless CITY objects within fifteen (15) days of invoice date by written notice specifically stating the details in which CITY bel ieves such work is incomplete or defective, and the invoice amount(s) in dispute. CITY shall pay undisputed amounts as provided for in the preceding paragraph. E. Failure of CITY to submit full payment of an invoice within thirty (30) days of the date thereof subjects this agreement and the work herein contemplated to suspension or termination at CONSULTANT's discretion. SECTION 2. TERM. This Agreement shall commence upon the date the last of the Parties executes this Agreement herein below (“Effective Date”), and shall terminate upon completion of the Scope of Services set forth herein, unless terminated sooner as provided in Section 7 herein. [OPTIONAL LANGUAGE IF EXTENSIONS PERMITTED]: Thereafter, this Agreement may be extended for a maximum of [SPELL OUT NUMBER] (#) successive one (1) year periods. Such extensions, if any, will be evidenced by a written amendment to this Agreement]. The Parties agree that Sections 4(B), 9, 10, 11, 13, 16, 17, 18, and 19 shall survive for three (3) years following the expiration or termination of this Agreement. SECTION 3. PERFORMANCE. A. CONSULTANT shall at all times, faithfully, competently, and to the best of its ability, experience and talent, perform all tasks described herein. B. CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of CONSULTANT hereunder, in meeting its obligations under this Agreement. C. CONSULTANT shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command. D. CONSULTANT shall have the right to retain, subject to CITY's written approval, additional individuals, consultants or s ubcontractors to assist in the completion of services as herein defined. Compensation for additional individuals, consultants or subcontractors shall be the sole and exclusive responsibility of CONSULTANT. E. CONSULTANT shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years, unless otherwise provided for in Exhibit “A.” Upon CITY providing twenty-four (24) hours advanced prior notice, CONSULTANT shall make all records, invoices, time cards, cost control sheets and other records maintained by CONSULTANT in connection with this Agreement available during CONSULTANT’s regular working hours to CITY for review and audit by CITY. F. All reports, documents or other written material developed by CONSULTANT in the performance of this Agreement shall be and remain the property of CITY without restriction or limitation upon its use or dissemination by CITY. Such material shall not be the subject of a copyright application by CONSULTANT. Any alteration or reuse by CITY of any such materials on any project other than the Project shall be at CITY’s sole risk, unless CITY compensates CONSULTANT for such reuse. SECTION 4. WORK PRODUCT. A. CONSULTANT hereby agrees that all work produced pursu ant to this Agreement, and provided to CITY during and upon completion of this Agreement, shall be the property of CITY, and ownership of said work product shall be retained by CITY. CONSULTANT may take and retain copies of such written products as desired. B. All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and shall not be disclosed by CONSULTANT without prior written consent by CITY. CITY shall grant such consent if disclosure is legally required. All such written products shall be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT agrees that the covenants contained in this Article shall survive the expiration or termination of this Agreement. C. Documents are provided in CONSULTANT’s standard software formats. CITY recognizes that electronic or magnetic data and its transmission can be easily damaged, may not be compatible with CITY’s software formats and systems, may develop inaccuracies during conversion or use, and may contain viruses or other destructive programs, and that software and hardware operating systems may become obsolete. As a condition of delivery of electronic or magnetic data, CITY agrees to defend indemnify and hold CONSULTANT, its sub - contractors, agents and employees harmless from and against all claims, loss, damages, expense and liability arising from or connected with its use, reuse, misuse, modification or misinterpretation. In no event shall CONSULTANT be liable for any loss of use, profit or any other damage. SECTION 5. EXTRA SERVICES. No extra services over and above the Compensation shall be rendered by CONSULTANT under this Agreement unless such extra services first shall have been duly authorized in writing by CITY’s City Administrator (“City Administrator”). SECTION 6. CITY SUPERVISION. The City Administrator shall have the right of general supervision of all work performed by CONSULTANT and shall be CITY’s agent with respect to obtaining CONSULTANT’s compliance hereunder. No payment for services rendered under this Agreement shall be made without the prior approval of the City Administrator. SECTION 7. TERMINATION. In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non - defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default . A. Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non -defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by CONSULTANT which cannot be corrected within ten (10) days, said contract shall at the option of CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by CONSULTANT, CITY may take over the work and prosecute the sa me to completion by contract or otherwise for the account and at the expense of CONSULTANT. CONSULTANT and his sureties shall be liable to CITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to pre vent the termination, for other causes authorized by law or other provisions of this contract. In the event of a termination for cause, CONSULTANT shall only be entitled to the Compensation for those Professional Services satisfactory performed on or befo re the effective date of termination. B. Termination for Convenience. CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, after giving written notice to CONSULTANT at least five (5) business days before the termination is to be effective. Upon the termination of this Agreement as provided herein, CITY shall provide to CONSULTANT the part of Compensation which would otherwise be payable to CONSULTANT for services CONSULTANT had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by CITY, the Parties agree that CONSULTANT shall be reimbursed for any “non-refundable” costs that CONSULTANT has incurred for its services under this Agreement, provided that: (1) such “non - refundable” costs were incurred by CONSULTANT prior to the date of termination; (2) that CONSULTANT provides CITY with adequate proof that CONSULTANT incurred the costs, and is unable to be seek a refund for such costs; and (3) such costs were within the scope of work or services to be performed under this Agreement . Such “non- refundable” costs may include, but are not limited to, travel reservations incurred by CONSULTANT for its performance of services under this Agreement. CONSULTANT agrees to cease all work under this Agreement on or before the effective date of any notice of termination. SECTION 8. EMPLOYMENT OF CITY EMPLOYEES. No regular employee of CITY shall be employed by CONSULTANT during the Term of this Agreement. SECTION 9. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES. No official or employee of CITY shall be personally liable to CONSULTANT in the event of any default or breach by CITY, or for an y amount which may become due to CONSULTANT. SECTION 10. INDEPENDENT CONTRACTOR. A. CONSULTANT is and shall, at all times, remain as to CITY a wholly independent contractor. Neither CITY nor any of its elected officials, officers, employees or agents shall have control over the conduct of CONSULTANT except as expressly set forth in this Agreement. CONSULTANT shall not at any time or in any manner represent that he is in any manner an elected official, officer, employee or agent of CITY. No employee benefits shall be available to CONSULTANT in connection with the performance of this Agreement. Except as provided in this Agreement, CITY shall not pay salary, wages, or other compensation to CONSULTANT for performance hereunder for CITY . CITY shall not be liable for compensation to CONSULTANT, CONSULTANT’s employees or CONSULTANT’s subcontractors for injury or sickness arising out of performing services hereunder. B. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement. C. CITY shall not deduct from the Compensation paid to CONSULTANT any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to CONSULTANT. CITY shall have no responsibility to provide CONSULTANT, its employees or subcontractors with workers’ compensation insurance or any other insurance. SECTION 11. PERS ELIGIBILITY INDEMNITY. A. In the event that CONSULTANT or any employee, agent, or subcontractor of CONSULTANT providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of CITY, CONSULTANT shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONSULTANT or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions , which would otherwise be the responsibility of CITY. B. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, CONSULTANT and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by CITY, including but not limited to eligibility to enroll in PERS as an employee of CITY and entitlement to any contribution to be paid by CITY for employer contribution and/or employee contributions for PERS benefits. SECTION 12. LEGAL RESPONSIBILITIES. CONSULTANT shall at all times observe and comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments including, but not limited to the Montebello Municipal Code. CITY, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of CONSULTANT to comply with this section. SECTION 13. INDEMNIFICATION. CONSULTANT agrees to, and shall defend, indemnify, protect and hold harmless, CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and aga inst any and all claims, demands, lawsuits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of CONSULTANT’S negligent or wrongful act, or omission under the terms of this Agreement, except only liability a rising out of the sole negligence of CITY. SECTION 14. INSURANCE COVERAGE. During the Term of this Agreement, CONSULTANT shall carry, maintain, and keep in full force and effect all of the following minimum scope of insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with CONSULTANT’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:  Commercial General Liability (CGL): Broad-form, Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including premise-operations, products-completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury, and advertising injury, with limits no less than Two Million Dollars and Zero Cents ($2,000,000), combined single limits, per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.  Business Automobile Liability Insurance: For owned vehicles, hired, and non-owned vehicles, Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if CONSULTANT has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than One Million Dollars and Zero Cents ($1,000,000.00) per accident for bodily injury and property damage.  Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than One Million Dollars and Zero Cents ($1,000,000.00) per accident for bodily injury or disease. CONSULTANT agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers for losses arising from work performed by CONSULTANT for CITY and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies. By executing this Agreement, CONSULTANT further certifies as follows: I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers’ Compensation or to undertake self-insurance before commencing any of the work contemplated herein.  Professional Errors and Omissions (E&O) Liability insurance appropriate to the CONSULTANT’s profession, with limit no less than Two Million Dollars and Zero Cents ($2,000,000.00) per occurrence or claim, Two Million Dollars and Zero Cents ($2,000,000.00) aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. If the policy is written as a “claims made” policy, the retroactivity date shall be prior to the start of work set forth herein, CONSULTANT shall obtain and maintain said E&O liability insurance during the Term of this Agreement and for five (5) years after completion of work hereunder. If coverage is canceled or non -renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of this Agreement, CONSULTANT shall purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work. If CONSULTANT maintains higher limits than the minimums shown above, CITY requires and shall be entitled to coverage for the higher limits maintained by CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY. CONTACTOR shall require each of its subcontractors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California, with a current rating of at least A:VII in the latest edition of Best's Insurance Guide, and approved by CITY. Each insurance policy required herein shall state that coverage shall not be canceled, except after providing CITY thirty (30) days’ (or ten [10] calendar days’ for non-payment) prior written notice. CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either: (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at CONSULTANT’S expense, the premium thereon. At all times during the Term of this Agreement, CONSULTANT shall maintain on file with CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming CITY, its officers, agents, employees and volunteers as an additional insured. CONSULTANT shall, prior to commencement of work under this Agreement, file with CITY’s Risk Manager such certificate(s). CONSULTANT shall provide proof that policies of insurance required herein expiring during the Term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days’ prior written notice to CITY. CONSULTANT agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions. Except for professional liability and workers’ compensation policies, the policies herein are primary and non -contributing with any insurance that may be carried by CITY. Any insurance or self-insurance maintained by CITY, its officers, employees, agents or volunteers, shall be in excess of CONSULTANT’s insurance and shall not contribute with it. All insurance coverage provided pursuant to this Agreement shall not prohibit CONSULTANT, and CONSULTANT’s employees, agents or subcontractors, from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver if subrogation endorsement from the insurer. Coverage not affected. Any failure to comply with the reporting provisions of the policies contemplated herein, shall not affect coverage provided to CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers. Coverage applies separately. CONSULTANT’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, CONSULTANT shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CONSULTANT shall procure a bond guaranteeing payment of losses and expenses. Procurement of insurance by CONSULTANT shall not be construed as a limitation of CONSULTANT's liability or as fall performance of CONSULTANT’s duties to indemnify, hold harmless and defend under Section 9 of this Agreement. CITY, its officers and employees shall not be responsible for any claims in law or in equity occasioned by failure of CONSULTANT to comply with this section. CITY reserves the right to modify these requirements, including limits, based on the nature of risk, prior experience, insurer, coverage, or other special circumstances. SECTION 15. SUBCONTRACT, ASSIGNMENT OR DELEGATION. CONSULTANT shall not subcontract, delegate or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of CITY. Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed sub -contractor, delegee, or assignee, and an explanation of why and how the same was se lected, including the degree of competition involved. Any subcontract, delegation or assignment shall be made in the name of CONSULTANT and shall not bind or purport to bind CITY and shall not release CONSULTANT from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees or sub-contractors. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to CONSULTANT under the Agreement. SECTION 16. NO WAIVER. Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition or covenant hereof. SECTION 17. DISPUTE RESOLUTION; GOVERNING LAW. Disputes regarding the interpretation or application of any provision(s) of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties. If any action at law or in equity is brought to enforce this Agreement or because of alleged dispute, breach, default or misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, expert fees, costs and necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be County of Los Angeles, California. The Parties agree that the covenants contained in this Article shall survive the expiration or termination of this Agreement. SECTION 18. ATTORNEY’S FEES AND COSTS. If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees and costs in addition to any other relief to which it may be entitled. SECTION 19. WARRANTIES. Each of the parties represents and warrants to one another as follows: A. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement; B. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statement s expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and C. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement. SECTION 20. MISCELLANEOUS. A. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions. B. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa. C. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. D. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described. E. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered. F. Each of the parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel. Each party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such party’s failure to perform under this Agreement or any agreement referred to in this Agreement. G. To the extent of a conflict between the terms of this Agreement and those set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern. SECTION 21. NOTICE. All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit t hereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice: CITY ADMINISTRATOR CONSULTANT City of Montebello 1600 West Beverly Boulevard Montebello, California 90640 SECTION 22. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER. In the performance of this Agreement, CONSULTANT shall not discriminate against any employee, sub-contractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, mental condition or sexual orient ation. CONSULTANT will take affirmative action to ensure that sub -contractor and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. SECTION 23. CONFLICT OF INTEREST. CONSULTANT and its officers, employees, associates and subconsultants, if any, shall comply with all California conflict of interest statutes applicable to Consultant’s Services under this Agreement, including, but not limited to, the Political Reform Act (Gov. Code, § 81000 et seq.) and Government Code Section 1090. CONSULTANT further covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by CONSULTANT under this Agreement, or which would conflict in any manner with the performance of its services hereunder. CONSULTANT further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, CONSULTANT shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement. CONSULTANT covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to CITY as a result of the performance of this Agreement, or the services that may be procured by CITY as a result of the recommendations made by CONSULTANT. CONSULTANT's covenant under this section shall survive the termination of this Agreement. SECTION 24. ENTIRE AGREEMENT. This Agreement contains the entire understanding between CITY and CONSULTANT. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding. CITY OF MONTEBELLO CONSULTANT _______________________ _____________________ René Bobadilla Name and Title City Manager Dated: _____________ Dated: _____________ ATTEST: ______________________ Irma Barajas City Clerk APPROVED AS TO FORM ________________________ Arnold M. Alvarez-Glasman City Attorney Exhibit “A” Scope of Services Exhibit “B” Schedule of Performance Exhibit “C” Schedule of Compensation EXHIBIT D TO CONTRACT EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS A. Contractor certifies and represents that, during the performance of this Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated facilities. B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contra ctor, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age. C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their membership in a protected class. D. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law. 4845-3796-3299, v. 1 PROPOSAL TO CONDUCT A CITYWIDE CLASSIFICATION AND TOTAL COMPENSATION STUDY FOR THE CITY OF MONTEBELLO JUNE 2020 PREPARED BY Matthew Weatherly, President matt@pspc.us / 888.522.7772 PROPOSAL TO CONDUCT A CITYWIDE CLASSIFICATION AND TOTAL COMPENSATION STUDY FOR THE CITY OF MONTEBELLO TABLE OF CONTENTS Section Page 1 LETTER OF TRANSMITTAL AND AFFIDAVIT OF NON-COLLUSION 1 2 STAFFING AND QUALIFICATIONS OF OUR FIRM AND STAFF HISTORY AND FACTS ABOUT OUR FIRM 2 RECENT CALIFORNIA EMPLOYERS SERVED 3 RECENT MUNICIPAL EMPLOYERS SERVED 3 PROJECT TEAM ORGANIZATION CHART 4 RESUMES OF PROJECT TEAM MEMBERS 4 3 PROJECT APPROACH AND METHODOLOGY SUMMARY OF SERVICES FOR THE CITY 7 PROJECT SCOPE AND METHODOLOGY 8 A. OBJECTIVES OF THE PROJECT 8 B. SCOPE OF THE PROJECT 8 C. PROJECT METHODOLOGY 8 1. Quality Assurance 8 2. Project Planning Meetings and Communication Plan Development 8 D. POSITION CLASSIFICATION ANALYSIS 9 1. Review of Essential Tasks – Job Analysis Questionnaire 9 2. Employee Worksite Job Information Interviews 9 3. FLSA Status Determination 9 4. Position Classification 9 5. Updated Class Specifications 10 6. Draft Classification Plan Reviews 10 7. Optional Approaches to Ensure Internal Equity 10 E. COMPENSATION SURVEY AND PLAN 11 1. City Involvement in Compensation Plan Development 11 2. Comprehensive Compensation Survey 11 3. Prevailing Rates Calculation 12 4. Compensation Competitiveness Comparison 12 5. Compensation Competitiveness Policy 12 6. Salary Plan Structure Development 12 7. Salary Range Assignment Development 12 8. Implementation Plan Development 12 F. ENSURING THE CITY’S SELF-SUFFICIENCY 13 G. EXTENSIVE EMPLOYEE INCLUSION AND COMMUNICATION 13 H. MINIMAL CITY SUPPORT REQUIRED 13 I. FINAL REPORTS AND PRESENTATIONS 14 ELAPSED PROJECT TIMELINE – GANTT CHART 14 4 CLIENT REFERENCES 15 5 FEE PROPOSAL 16 6 ADDITIONAL INFORMATION PSPC BOOKLET: “Communicating the Project to the Employees” PSPC BOOKLET: “EZ COMP™” Program Description Please visit www.pspc.us for work samples and additional resources PUBLIC SECTOR PERSONNEL CONSULTANTS PROPOSAL TO CONDUCT A CITYWIDE CLASSIFICATION AND TOTAL COMPENSATION STUDY FOR THE CITY OF MONTEBELLO COVER LETTER INCLUDING AFFIDAVIT OF NON-COLLUSION 1,000+ PUBLIC EMPLOYERS SERVED ________________________________________________ PUBLIC SECTOR PERSONNEL CONSULTANTS June 12, 2020 Ms. Nicole Mooshagian Senior HR Analyst City of Montebello 1600 W. Beverly Boulevard Montebello, CA 90640 Dear Selection Team, Pursuant to your request, we are pleased to provide you with a proposal and qualifications to assist the City with a classification and compensation study. We specialize in these services, and have implemented classification and compensation plans for more than 1,100 public employers nationwide, including more than 400 municipal employers and over 100 public employers in California. Current and recently completed projects include the Cities of Riverside (SEIU), Colton, San Bernardino, Santa Ana (SEIU), Bell Gardens, Southgate, Salinas, Monterey, Upland, Azusa, San Juan Capistrano, and Aliso Viejo . We believe our firm is uniquely qualified for this study. We will utilize only full -time, certified Human Resources professionals for the study, with combined greater than 1 00 years of experience in the fields of human resources, compensation, and labor relations. Our proposed approach will be customized to meet the City’s needs. We are confident that our extensive public employers classification and compensation experience, knowledge of public employers in California, large specialized and highly qualified full time staff, proven methods, unique EZ COMPTM application to ensure your self-sufficiency, and one year of implementation support and assistance at no cost, will achie ve all of the City’s objectives for an important project of this nature. In light of COVID-19 restrictions, we have several flexible, online and virtual options to ensure high quality results, employee participation, and overall communication without sacrificing quality or consistency. Our proposal remains valid for no less than 180 days, and we take no exceptions to any conditions or requirements stated in the RFP. Thank you for your interest in our firm’s services. If we can provide any additional information, such as samples of recent similar studies, or if you would like to visit further or in person about the City’s project needs, please contact me at any time. Sincerely, Matthew Weatherly, President (888) 522-7772 matt@pspc.us Page 1 Regionally: 149 S. Barrington Avenue #726 Los Angeles, CA 90049 888.522.7772 • FAX (480)970-6019 • www.pspc.us ATTACHMENT A AFFIDAVIT OF NON-COLLUSION AFFIDAVIT OF NON-COLLUSION BY CONTRACTOR STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) Matthew Weatherly, being first duly sworn deposes and says that he/she is President of Public Sector Personnel Consultants, Inc. (Insert "Sole Owner", "Partner", "President, "Secretary", or other proper title) (Insert name of bidder) who submits herewith to the City of Montebello a proposal; That all statements of fact in such proposal are true; That such proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; That such proposal is genuine and not collusive or sham; That said bidder has not, directly or indirectly by agreement, communication or conference with anyone attempted to induce action prejudicial to the interest of the City of Montebello, or of any other bidder or anyone else interested in the proposed contract; and further That prior to the public opening and reading of proposals, said bidder: a. Did not directly or indirectly, induce or solicit anyone else to submit a false or sham proposal; b. Did not directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham proposal, or that anyone should refrain from bidding or withdraw his proposal; c. Did not, in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the proposal price of said bidder or of anyone else, or to raise or fix any overhead, a. profit or cost element of his proposal price, or of that of anyone else; b. Did not, directly or indirectly, submit his proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any individual or group of individuals, except the City of Montebello, or to any person or persons who have a partnership or other financial interest with said bidder in his business. I certify under penalty of perjury under the laws of the State of California that the above information is correct By: Title: President Date: June 12, 2020 PROPOSAL TO CONDUCT A CITYWIDE CLASSIFICATION AND TOTAL COMPENSATION STUDY FOR THE CITY OF MONTEBELLO QUALIFICATIONS OF OUR FIRM AND STAFF HISTORY AND FACTS ABOUT OUR FIRM RECENT EMPLOYERS SERVED TEAM ORG CHART AND RESUMES ________________________________________________ PUBLIC SECTOR PERSONNEL CONSULTANTS HISTORY AND FACTS ABOUT OUR FIRM • HISTORY OF OUR FIRM Public Sector Personnel Consultants (PSPC) originated in 1972 with the Public Sector Group of the international human resources consulting firm of Hay Associates. PSPC was established as an independent firm in 1982. We are a single-owner, debt-free subchapter-S corporation. • REGIONAL STAFF We have regional offices or affiliates in Los Angeles, CA, San Diego, CA, Austin, TX, Dallas , TX, Santa Fe, NM, Chicago, IL, Denver, CO, Kansas City, MO, St. Paul, MN, Seattle, WA, and Tempe, AZ. • SPECIALIZED IN COMPENSATION SERVICES We are “super-specialists" in compensation, providing services in job analysis, position classification, job content evaluation, compensation, and directly related services. Over 98% of our classification and compensation studies have been successfully implemented by our clients. • SPECIALIZED IN PUBLIC SECTOR CLIENTS We provide services exclusively to public sector employers including municipalities, counties, utility districts, library districts, special districts, state governments, housing and redevelopment agencies, airport authorities, school districts, higher education, and tribal governments. • SPECIALIZED COMPENSATION STAFF Our staff is comprised of eight (8) full time and an additional five (5) part time senior human resources professionals with very extensive experience as compensation managers and consultants for public employers. Our staff has more than 100 years of combined experience working for and consulting to public sector employers. • OVER 1,100 PUBLIC EMPLOYERS SERVED Our staff members have provided compensation, human resources, training and related consulting services to more than 1,100 public and 200 private employers throughout the U.S. • AMERICAN COMPENSATION ASSOCIATION PARTICIPATION (ACA) (NOW WORLDATWORK) Our consultants are active members of ACA, including serving as instructors for the ACA certification courses. • SPECIALIZED COMPENSATION AND RELATED RESOURCES We utilize our EZ COMPTM salary survey and plan program, modified FES point-factor job evaluation system, AEPTM performance evaluation plan, and SNAPTM staffing needs analysis program. • FIRST YEAR IMPLEMENTATION WARRANTY We provide our clients with extensive implementation support during the first year, and we will analyze, evaluate, classify, and provide a salary range recommendation for any new or changed position or entire job class, at no additional cost. PUBLIC SECTOR PERSONNEL CONSULTANTS 2 RECENT CALIFORNIA EMPLOYERS SERVED BY MEMBERS OF OUR STAFF Apple Valley, Town of Sacramento Housing Authority Bell Gardens, City of Salinas, City of Banning, City of San Bernardino Assoc’n of Governments Capitol Area Development Authority San Clemente, City of Colton, City of, CA San Juan Capistrano, City of Commerce, City of Santa Ana, City of (SEIU) Culver City, City of Santa Cruz Port District Indian Wells, City of South Gate, City of Inglewood, City of Upland, City of Monterey/Salinas Transit Vernon, City of Monterey, City of Victorville, City of Riverside, City of Westlake Village, City of California Active 2020: Riverside, Colton, San Bernardino ADDITIONAL RECENT MUNICIPAL EMPLOYERS SERVED BY OUR STAFF Albuquerque, City of, NM Grand Forks, City of, ND Rio Rancho, City of, NM Aliso Viejo, City of, CA Grand Prairie, City of, TX Rockwall, City of, TX Allen, City of, TX Grapevine, City of, TX Roswell, City of, NM Benbrook, City of, TX Haltom City, City of , TX Rowlett, City of, TX Bothell, City of, WA Indian Wells, City of, CA Salinas, City of, CA Bozeman, City of, MT Kerrville, City of, TX San Clemente, City of, CA Carrollton, City of, TX Killeen, City of, TX San Juan Capistrano, City of, CA Casa Grande, City of, AZ Lamar, City of, CO Santa Ana, City of, CA Centralia, City of, WA Las Cruces, City of, NM Scottsdale, City of, AZ Culver City, City of, CA Lisle, Village of, IL Southgate, City of, CA Dallas, City of, TX Maricopa, City of, AZ Tomball, City of, TX Denton, City of, TX Minot, City of, ND Upland, City of, CA Edmonds, City of, WA Mountain Village, Town of, CO Vernon, City of, CA El Paso, City of, TX Oak Brook, Village of, IL Victorville, City of, CA Fairview, Town of, TX Odessa, City of, TX Westlake Village, CA Fort Worth, City of, TX Pearland, City of, TX Winslow, City of, AZ Frisco, City of, TX Plano, City of, TX Woodlands Township, TX Georgetown, City of, TX Prosper, Town of, TX Yuma, City of, AZ PUBLIC SECTOR PERSONNEL CONSULTANTS 3 City of Montebello Mr. Nicholas Razo Director of Human Resources PSPC PROJECT DIRECTOR Matthew Weatherly DEPARTMENT DIRECTORS Quality Control Client Communication Project Management Implementation Support CITY EMPLOYEES PROJECT TEAM ORGANIZATION CHART COUNCIL PROJECT STAFF COMPENSATION PLAN IMPLEMENTATION PLAN L. Talamonti, CCP M. Weatherly B. Longmire, PMP K. Tilzer, SPHR M. Weatherly B. Longmire, PMP L. Talamonti, CCP M. Weatherly S. Heinz, PHR, MPA COMPENSATION SURVEY SURVEY ANALYSIS POSITION CLASSIFICATION REVIEW AND DESIGN Position Analysis Questionnaire Job Information Interviews Updated Class Specifications Job Analysis and Position Classification Job Evaluation and Scoring Implementation Support Competitiveness Strategy Salary Range Assignments Fiscal Impact Analysis Scenarios EZ COMP™Installation Staff Training Implementation Support Market Definition Benchmark Definitions Data Collection Data Validation Statistical Reports Market Comparison Implementation Support CITY OF MONTEBELLO CLASSIFICATION AND COMPENSATION STUDY MATTHEW E. WEATHERLY, PRESIDENT, PROJECT LEADER Mr. Weatherly has over 15 years of experience as a human resources management professional and consultant, specializing in position classification, compensation, recruitment and selection. He has served as a Human Resources Manager with Employee Solutions, Inc. and Staffing Consultant with Initial Staffing Services. He has completed projects in staff development, rec ruitment, selection, job descriptions, salary survey, and salary plan development. Among his current and recently completed consulting projects are those for: Banning, City of, CA Monterey, City of, CA Salinas, City of, CA Big Bear Lake, City of, CA North County Fire, CA San Clemente, City of, CA Commerce, City of, CA Redwood City, City of CA Scottsdale, City of, AZ Inglewood, City of, CA Rialto, City of, CA Westlake Village, City of, CA Mr. Weatherly holds a BS degree in Human Resources Management from Arizona State University. He has been a featured speaker at TMHRA and regional City Manager and HR meetings throughout the US. CMCA PUBLIC SECTOR PERSONNEL CONSULTANTS 6/20 4 ELIZABETH J. LOCURTO, CCP, VICE PRESIDENT Ms. LoCurto has over 30 years of experience as a compensation manager and consultant for public and private employers, specializing in job analysis, salary surveys, and salary plan development. She has served as Compensation Research Associate for Hayes/Hill, Inc., Senior Compensation Analyst for AON Corporation, Compensation Manager for Loyola University, and Project Manager for the American Compensation Association. She has conducted projects in job audits, job descriptions, salary surveys, compensation database management, compensation plan development, compensation training course development, and compensation trend research. Among her consulting projects are: Apple Valley, Town of, CA Huntington Beach, City of, CA Sacramento, City of, CA California Family Health Council Midland, City of, TX Seaside, City of, CA El Paso, City of, TX Oakland, City of, CA State Bar of Texas Fresno, City of, CA Pomona, City of, CA Stockton, City of, CA Ms. LoCurto holds a BS degree in Business Administration from Arizona State University . She holds the Certified Compensation Professional (CCP) designation from the American Compensation Association. KATHERINE TILZER, SPHR, VICE PRESIDENT Ms. Tilzer has more than 15 years of experience as a human resources manager and consultant, specializing in employee relations, compensation, and recruitment. She has served as Personnel Manager for Laboratory Corporation of America, Director of Human Resources for Plaza Healthcare, Inc., and Director of Human Resources for American Baptist Homes. Azusa, City of, CA Indian Wells, City of, CA Sacramento County San Dist, CA Castro Valley Sanitary Dist., CA Lake Havasu City, AZ San Bernardino Assn of Govt’s, CA Culver City, City of, CA Monterey Transit Dist., CA Victorville, City of, CA Frisco, City of, TX Pacific Grove, City of Water Facilities Authority, CA She holds a BS degree in Management from the University of Phoenix, and certification as Senior Professional in Human Resources from the Society for Human Resources Management. SAMUEL HEINZ, MPA, PHR Mr. Heinz has conducted projects in job analysis, position classification, job evaluation, compensation surveys, and compensation plan development. Among his recent client projects are those for: Addison, Town of, TX DeSoto, City of, TX Prosper, Town of, TX Apache Junction, City of, AZ Galveston, City of, TX Teton County, WY Bismarck, City of, ND Midland, City of, TX The Colony, City of, TX Carrollton, City of, TX Odessa, City of, TX Williston, City of, ND Mr. Heinz holds a MA degree in Public Administration from Texa s Tech. CMCA PUBLIC SECTOR PERSONNEL CONSULTANTS 6/20 5 BOB LONGMIRE, PMP, PROJECT LEADER Mr. Longmire has more than 10 years of project management experience and consult ing for public employers, specializing in employee development, classification, and compensation. He has served as National Sales Director for Connexion Technologies and Brand Marketing Manager for Plink. He has completed projects in job analysis, position classification, compensation surveys and plan development. Among her consulting projects are those for: Bell Gardens, City of, CA Plano, City of, TX Pitkin County, CO Colton, City of, CA Salinas, City of CA San Bernardino, City of, CA LaVerne, City of, CA Greater Orlando Airport, FL Santa Ana, City of, CA Monterey, City of, CA King County Library Systems, WA Sarasota-Bradenton Airport, FL Mr. Longmire holds a BS degree in Administration from Colorado Christian University and designation as Project Management Professional from the Project Management Institute. WAYNE BREDE Mr. Brede has over 30 years of experience working for the Minnesota Department of Transportation as a Workforce Planning Manager and Staffing Services Manager, and has served as a succession planning and career ladder consultant for nearly 50 public and private employers. He has conducted projects in workforce development, succession planning, job analysis, position classification, job evaluation, compensation surveys, compensation plan development, employee relations, and recruitment. Among his recent client projects are those for: El Paso County, TX Hamilton County, TN Red Lake Indian Reserv., MN Fresno, City of, CA Las Cruces, City of, NM Rialto, City of, CA Grand Forks, City of, ND Minot, City of, ND San Angelo, City of, TX Great Falls, City of, MT Northwest Tech College, MN San Jose, City of, CA Mr. Brede holds a BA degree in Mass Communications from the University of Minnesota and holds certificates in Public Sector Personnel Management and Industrial Relations. PUBLIC SECTOR PERSONNEL CONSULTANTS proposes to utilize only full time members of our firm to complete all of the project tasks and objectives. In order to maintain complete control of the project tasks and deadlines, we will not utilize subcontractors for the completion of the project. CMCA PUBLIC SECTOR PERSONNEL CONSULTANTS 6/20 6 PROPOSAL TO CONDUCT A CITYWIDE CLASSIFICATION AND TOTAL COMPENSATION STUDY FOR THE CITY OF MONTEBELLO SCOPE: PROJECT APPROACH AND METHODOLOGY SUMMARY OF SERVICES FOR THE CITY PROJECT SCOPE, APPROACH AND TIMELINE ________________________________________________ PUBLIC SECTOR PERSONNEL CONSULTANTS SUMMARY OF SERVICES FOR THE CITY OF MONTEBELLO PUBLIC SECTOR PERSONNEL CONSULTANTS (PSPC) proposes the following program of consulting services and implementation support to conduct a classification and compensation study . Project Planning and Communication 1. Project planning and scheduling meeting with the City’s Human Resources Staff and project designee(s) 2. Policy input and project direction meeting and briefing with Council, Human Resources and designee(s) 3. Project briefing presentation for all employees, Council, City officials, City’s project leaders 4. Management and employee communication, progress reports throughout all project phases Classification Project Tasks 5. Occupational familiarization by review of City’s current class specifications and compensation plans 6. Organizational familiarization by review of City organization charts, budgets, and annual reports 7. Job Analysis Questionnaire (JAQ) customized for gathering City employee occupation data 8. Meetings to distribute and explain the JAQ and the project for all City officials and employees 9. Worksite job desk audits / field observations with representatives of each class (100 included) 10. Determination of job classification and FLSA Exempt / Non-Exempt designation for each position 11. Recommended title modifications and reclassific ations for consideration by department heads 12. Review of position classification recommendations with City’s project staff and respective departments 13. Preparation of updated class specs for each City job classification (est. 100, only bill what we write) Custom and Comprehensive Market Compensation Surveys 14. Identification of City’s competitive employment areas for compensation surveys, for City approval 15. Identification of City occupations to utilize as survey benchmark job classifications 16. Solicitation of comparator employers and agencies for participation in external compensation surveys 17. Extraction of data from public employer compensation plans, questionnaires, reliable published surveys 18. Consolidation of data from all sources and calculation of prevailing rates for benchmark jobs 19. Computation of extent City’s compensation offerings vary from external prevaili ng rates and practices 20. Review of competitiveness analysis with Human Resources, City Officials and City’s project designees Compensation Plan Development 21. Construction of optional salary range structures for review and selection by City’s project leaders 22. Assignment of job classes to salary ranges by internal equity and external competitiveness 23. Assistance with City Council identification of desired, affordable salary competitiveness policy 24. Fiscal impact estimates at various levels of external prevailing rat es competitiveness policies 25. Review and critique of draft salary and implementation plans with Human Resources, project leaders Communication of Results and Implementation Strategies 26. Preparation and presentation of final project reports for the City Council, staff, and City Officials 27. Development of a plan for the implementation of City’s updated classification and compensation plan 28. Uploading of EZ COMPTM program files on a Human Resources Department computer, staff training 29. Development and provision of process for ongoing plan maintenance and subsequent plan updates 30. Assistance with communicating the City’s updated plans for all City officials and employees CMCA PUBLIC SECTOR PERSONNEL CONSULTANTS 6/20 CMCA PUBLIC SECTOR PERSONNEL CONSULTANTS 6/20 7 PROJECT APPROACH AND METHODOLOGY Following is our overall work plan and approach to achieving the City’s objectives for the conduct of a classification and compensation study. A. OBJECTIVES OF THE PROJECT The recommended plans, programs, systems and administrative procedures will meet these ten most important criteria. - Internally equitable - Financially responsible - Externally competitive - Efficiently administered - Readily understood - Inclusive of employee input - Easily updated & maintained - Reflective of City's values - Legally compliant & defensible - Reflective of prevailing “best practices” B. SCOPE OF THE PROJECT The project could include: a management and employee communication plan; partnership with the City’s Human Resources staff, City Manager, Council, and project designee(s); occupational, organizational, and operational familiarization; Job Analysis Questionnaire (JAQ) and job analysis for all classifications; worksite job information interviews; position classification and job title recommendations for all employees and classifications; FLSA designations; updated classification specifications; EZ COMP™; internal equity and external competitiveness evaluation; salary and benefits compensation survey and competitiveness analysis; salary range recommendations; fiscal impact estimates and multiple implementation scenarios; updated classification and compensation plan and classification and compensation plan implementation support for all included employees in all job classifications. C. PROJECT METHODOLOGY 1. Quality Assurance To ensure a high quality project, we have built in several layers of procedural and statistical controls, in addition to those already in EZ COMP™. Internally, we follow a prescribed series of steps in each project phase, which are reviewed by our Project Director. We request that the Human Resources and City’s Project Manager(s) review our work to minimize the chance of errors and to ensure that it reflects the City's organizational values. 2. Project Planning Meetings and Communication Plan Development We will consult with the Human Resources Director and City Officials or representatives on a communication strategy, plan, and materials, beginning prior to the project and extending to the post- project information meetings. We plan to conduct group pre-project meetings for all City officials and employees where we will discuss the project’s scope, answer questions, and distribute and explain the Position Analysis Questionnaire. CMCA PUBLIC SECTOR PERSONNEL CONSULTANTS 6/20 8 D. POSITION CLASSIFICATION ANALYSIS 1. Review of Essential Tasks – Job Analysis Questionnaire We will review and analyze the current essential tasks, duties and responsibilities, and minimum qualifications of each included position through the Position Analysis Questionnaire (JAQ) to be completed by each employee (or group of employees with identical jobs) in print or electronic format. If the information on the JAQ does not clearly delineate the position’s scope of responsibilities, we may return the JAQ to the position’s incumbent for additional information, or focus on the data gap during a worksite job information interview. 2. Employee Worksite Job Information Interviews (100 included) We can conduct a worksite job information interview with a representative incumbent of every job classification. The purpose of these interviews is to verify the data on the JAQ, obtain additional insight into the scope and complexity of the job duties, observ e technical processes and working conditions, and to provide employees with an additional method of participation in the project. This process also ensures that we make all internal and external comparisons on the basis of actual job content and not merely job title. 3. FLSA Status Determination We will review the essential tasks and minimum qualifications of each of the City's job classifications and subject them to the Fair Labor Standards Act tests to determine their exempt or non-exempt status. 4. Position Classification Each of the City’s positions will be analyzed and evaluated to determine their primary characteristics, including: - Is there a current City occupational job group comprised of job classes with essential functions similar to the subject position; if so: - To which of the group’s job classes, and at what level, are the subject position’s essential functions similar to the subject position, and if so: - Are they sufficiently comparable (+/- 20% guideline) to be allocated to that job class, utilize the same job title, require the same minimum qualifications, and be assigned to the same salary range. - If the City does not currently have a sufficiently comparable job class, what should be the subject position’s occupational job class and title, and: - What should the recommended occupational classification action be, No Change (N), Title Change (T), Merge With Other Job Class (M), New Job Class (J). - We may find that a job class is overly broad and encompasses several job a ctivities which are regarded with significant salary difference in the marketplace. In such an instance, we will recommend "splitting" the job class into the current job class and a new job class which encompasses the different job activities. CMCA PUBLIC SECTOR PERSONNEL CONSULTANTS 6/20 9 5. Updated Classification Specifications (100 included) We can prepare an updated class specification in the City’s standard or other selected format for each occupational job class. Focus will be on the Essential Functions and Minimum Qualifications. The specifications or descriptions may include (not limited to) the following components: Job Title – Definition Education, Training and Experience Physical Requirements Distinguishing Characteristics Licenses and Certifications Non-Essential Functions Essential Functions FLSA Exempt/Non-Exempt Status Mental Requirements Desired Knowledge and Skills Supervision Exercise/Received Working Conditions 6. Draft Classification Plan Review with Human Resources and Department Heads We will conduct a review of our initial position classification recommendations and draft job descriptions with the City’s Project Team and respective department heads to identify possible errors, obtain feedback, and solicit suggestions for clarification. 7. Various Approaches to Ensure Internal Equity If desired, and for precision in job class analyses, and subsequent salary range determinations, we may utilize one of several job evaluation systems widely in use, including the Hay Method, Decision Band Method (DBM), and the Factor Evaluation System (FES). FES is the most extensively validated and commonly utilized quantitative job evaluation system for public sector occupations, consisting of the following flexible compensable factors. Knowledge Required Personal Contacts Complexity Supervisory Controls Scope and Effect Work Environment Guidelines Provided Supervision Exercised Physical Demands The job class hierarchy based on job points will reflect the City's relative internal job worth values. The City’s annual salary competitiveness policy will be translated into a mathematical formula which, when combined with the job points of each City job class, will determine the proper salary range for each job class and position. This balances internal equity (job points relationships) with external competitiveness (market relationship formula). a. Optional Approach A – FES System – We will train a task force of representative City employees in the adaptation of the FES point-factor job content evaluation system to the City’s job worth values, guide them in the evaluation of a structured benchmark of job classes, conduct QC reviews, and evaluate the remaining job classes within the relative job worth structure established by the task force. We can provide the City with manual or automated versions of this system. b. Optional Approach B – Custom Designed System for the City – We will train and guide a task force of representative City employees in the design of a point -factor system of job content evaluation total reflecting the City’s relative job worth values, and proceed as in Approach A. We can provide the City with an automated version of the system once it has been developed with the task force. CMCA PUBLIC SECTOR PERSONNEL CONSULTANTS 6/20 10 E. SURVEY AND COMPENSATION ANALYSIS 1. City Involvement in Compensation Plan Development We will obtain policy direction from the City Council, Human Resources staff, and/or City Officials on the following key components of the salary plan development process: - Comparator Employer Selection - Job Evaluation Method-Salary Plan Linkage - Benchmark Job Class Selection - Draft Compensation Plan Review / Critique - Compensation Competitiveness Policy - Total Compensation Points for Analysis - Salary Structure Selection - Project Implementation Plan 2. Comprehensive Compensation Survey We do not subscribe to or recommend the use of databases or data warehouses used or hosted by other firms! We will collect the complete pay plans from each of the City’s comparators and build a custom survey database to ensure accuracy and completeness, unique to the City’s job classifications . a. Data Collection Protocol will be developed in consultation with the City’s project leaders to determine which salary data elements to include, such as: Base Salary Information - Salary grade/step or open range salary plan structure - Salary range structure Minimum, Midpoint, and Maximum - Method of salary administration – longevity, performance, or skill Additional Compensation Information (to be finalized with City representatives) - City-supported benefits such as health insurance, pension contributions - Supplemental pay items for special qualifications/certifications - Individual or group incentive plans, bonus, awards, stipends - Any additional add-pay or benefits items at City’s direction b. Benchmark Job Selection will be made by identifying City job classes common to its employment- competitive public and private employers in the immediate area and throughout the region or State, clearly identifiable, and representative of standard occupational job gr oups. c. Comparator Employers Identification will be made in consultation with the City’s Project Manager(s) or City Council. Criteria include their degree of competition to the City in obtaining and retaining high quality staff, their location in the City's traditional recruitment areas, and their organizational size and complexity. d. Compensation Data Collection will be made by one or more of the following methods. - Pre-survey contact with the selected comparator employers to solicit participation i n the City’s compensation survey(s) - Extraction from the pay plans of designated public employers. - Customized salary and total compensation and benefits survey requests for local governments and other public employers, distributed by mail, fax, and e-mail. - As desired, additional d ata extraction from established salary surveys and commercial survey sources such as Watson Wyatt, ERI, APTA (transit), etc. e. Data Quality Control includes editing data for accuracy and proper matching to the City’s survey benchmark jobs, and phone/fax/E-mail follow-ups for data clarification and to obtain comparators’ benchmark job descriptions. CMCA PUBLIC SECTOR PERSONNEL CONSULTANTS 6/20 11 3. Prevailing Rates Calculation We will consolidate the compensation data from all sources, enter the information into the EZ COMP™ program, and compute the prevailing rates , inclusive of cost of living differentials, as the statistical mean of the survey data for each benchmark job class. Data will be projected forward from the date of collection to a common date relating to the City’s salary plan year by the annual Prevailing Rate Increase Factor (PRI) applicable at that time. 4. Compensation Competitiveness Comparison We will provide the City with charts comparing its current salary structures to those of the selected public and private comparator employers. We will calculate the extent that the City’s offerings vary from the prevailing rates and practices of other relevant employers. 5. Compensation Competitiveness Policy We will assist the City to select a compensation competitiveness policy which best fits its compensation strategy and financial resources, by providing fiscal impact estimates at various percent age relationships to the prevailing rates. 6. Salary Plan Structure Development We will review the City’s current wage plans and 1) utilize the City’s current wage plan structures to identify internally equitable and externally competitive salary ranges for each City job class or 2) prepare alternative salary range structures and schedules for the City to select the best fit for its competitiveness strategy, with these optional criteria: - Method of administration, i.e.: measured job performance, longevity, or skill - Width of the salary ranges, grades, or broad bands, from Minimum to Maximum - Varying salary range widths for FLSA non-exempt or exempt positions - Open salary ranges for pay-for-performance or variable compensation plan - If steps within the salary ranges, number of steps, percentage separation - Number of salary ranges, grades, or broad bands in the salary schedule - Percentage of separation between salary ranges, grades or broad bands - Recognition for longevity, unique assignments, and special skill req uirements - Remuneration for required special licenses, certifications and registrations - Linkage of performance evaluations to performance increase opportunities 7. Salary Range Assignment Development We will assign each job classification to a salary range in the City’s current or selected new salary structure on the basis of a combination of factors, including: - the prevailing rates for the benchmark job classes - its current relationship to similar or occupationally related job classes - the 15% guideline for salary range separation between sequential job classes - the 25% guideline for salary separation of a department head job class 8. Implementation Plan Development We will consult with the Human Resources and Project Team on a plan for transition to the recommended plan, including a timetable for the principal activities , employee communication, impact on budget processes, and estimates of required financial resources. CMCA PUBLIC SECTOR PERSONNEL CONSULTANTS 6/20 12 F. ENSURING THE CITY’S SELF-SUFFICIENCY The City will be self-sufficient in all aspects of maintenance of the updated position classification and compensation plan through these services. 1. Procedure Manuals - PSPC Position Classification Procedure Guide - PSPC Salary Administration Procedure Guide - City of Montebello EZ COMP™ Procedure Guide 2. Training Workshop – for City staff in position classification, job evaluation, compensation surveys, and compensation plan design and administration. 3. Electronic Class Specification Library – we can provide the City with all updated classification specifications in hard copy and electronic library format for internal maintenance. 4. EZ COMP™ – program and project files on one of the City’s computers, a custom user’s manual, and system training for key City and Human Resources staff. 5. Initial Year’s Implementation Warranty Support – we will analyze, evaluate, classify, and provide a salary range recommendation for any new or changed position or entire job classification, at no cost to the City for one year. G. EXTENSIVE EMPLOYEE INCLUSION AND COMMUNICATION Very important factors for successful implementation of new or updated classification and compen sation plans are 1) extensive employee inclusion, and 2) extensive employee communication. City officials and employees will participate in one or more of the following activities: - Attending pre-project briefings and question and answer sessions - Completing a Position Analysis Questionnaire (JAQ) describing their position - Elaborating on their jobs in individual or group job information interviews - Requesting a second review of their position’s occupational job classification - Receiving information pamphlet/booklet describing the updated salary plan H. MINIMAL CITY SUPPORT REQUIRED We are completely self-sufficient in projects of this nature and do not require any substantive staff support from the City other than payroll data, and arrangements for group an d individual meetings and interviews. We appreciate, but do not require, any office space, telephone, clerical assistance, computers, or office equipment. We will provide all data entry, data processing, duplicating, and related report preparation functions. CMCA PUBLIC SECTOR PERSONNEL CONSULTANTS 6/20 13 I. REPORTS AND PRESENTATIONS 1. Draft and Final Report Preparation We will provide the City’s project leader(s) with a draft of our report for review and critique, including the classification plan, compensation market data, salary comparison tables, fiscal estimates, salary range listings, and implementation procedures. We will incorporate their critique into the deve lopment of a final report summarizing the project’s findings, recommendations, and detailed description of the City’s updated position classification and compensation plans. 2. Final Report Presentations We will conduct a workshop or formal presentation of our final report and recommendations to the Human Resources staff, City Officials, and employees. 3. EZ COMP™ Program Installation We will install our EZ COMP™ program and project files on one of the Human Resources Department's computers and provide training to key staff in the maintenance and update of the classification and compensation plan. 4. Implementation Warranty To ensure effective implementation of the new plan, we will analyze, evaluate, and provide a salary range recommendation for any new or changed job class, at no cost to the City for one year. TASK NAME ELAPSED WEEKS: 1. PROJECT COMMUNICATION, QUALITY ASSURANCE, PROJECT STATUS REPORTS 2. JOB INFO INTERVIEWS W/ STAFF, ORGANIZATIONAL DATA COLLECTION CLASSIFICATION RECOMMENDATIONS 3. POSITION CLASSIFICATION/EVALUATION; HR STAFF QUALITY ASSURANCE REVIEW; DRAFT REVIEW WITH HR, DEPTS 4. PREPARATION OF UPDATED CLASS SPECIFICATIONS AND REVIEWS WITH DEPARTMENTS, FINALIZATION COMPENSATION SURVEYS, BENCHMARK 5. SELECTION, DATA COLLECTION, COMPARABILITY ASSURANCE REVIEW 6. PREVAILING RATES COMPUTATION, MARKET COMPETITIVENESS ANALYSIS, DRAFT COMPENSATION METHODOLOGY 7. SALARY RANGE ASSIGNMENTS ON BASIS OF INTERNAL EQUITY AND EXTERNAL COMPETITIVENESS 8. SALARY RANGE TABLES, FISCAL IMPACT ESTIMATES, REVIEW OF DRAFT PLANS WITH CITY OFFICIALS, DESIGNEE(S) PREPARATION AND PRESENTATION OF 9. FINAL REPORT TO HR, COMMITTEES, EXECUTIVE TEAM, EMPLOYEES 10. EZ COMP™INSTALLATION, STAFF TRAINING ONE YEAR OF CLASS/COMP PLAN IMPLEMENTATION ASSISTANCE 1 4 8 12 16 20+ * Progress reviews with the City * * * ESTIMATED PROJECT ELAPSED TIME CHART * CMCA PUBLIC SECTOR PERSONNEL CONSULTANTS 6/20 14 PROPOSAL TO CONDUCT A CITYWIDE CLASSIFICATION AND TOTAL COMPENSATION STUDY FOR THE CITY OF MONTEBELLO CLIENT REFERENCES COUNTY GOVERNMENTS SERVED BY OUR STAFF 1,000+ PUBLIC EMPLOYERS SERVED ________________________________________________ PUBLIC SECTOR PERSONNEL CONSULTANTS REPRESENTATIVE PROJECT REFERENCES Following is a listing of agencies which are representative of more than 1,1 00 employers, for whom members of our firm have services similar to those requested by the City. WESTLAKE VILLAGE, CITY OF, CA Ms. Audrey Brown, Assistant City Manager 31200 Oak Crest Drive Westlake Village, CA 91361 (818) 706-1613 audrey@wlv.org FY 2018 Class and Comp Study SAN JUAN CAPISTRANO, CITY OF, CA Mr. Sam Penrod, HR / Risk Manager 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 234-4565 SPenrod@sanjuancapistrano.org Classification and FY 2017 Compensation Study SCOTTSDALE, CITY OF, AZ Ms. Donna Brown, HR Director 9191 E. San Salvador Drive Scottsdale, AZ 85258 (480) 312-2615 DBrown@scottsdaleaz.gov FY 2018 Class and Compensation Study SALINAS, CITY OF, CA Mr. Jim Pia, Assistant City Manager 200 Lincoln Avenue Salinas, CA 93901 (831) 758-7201 jimp@ci.salinas.ca.us FY 2018 Classification Study FY 2016 Total Compensation Study WOODLANDS TOWNSHIP, TX Ms. Susan Welbes, HR Director 2801 Technology Forest Blvd. Woodlands, TX 77381 (281) 201-3800 swelbes@thewoodlandstownship-tx.gov FY 2020 Compensation Study FRISCO, CITY OF, TX Ms. Lauren Safranek, HR Director 6101 Frisco Square Boulevard Frisco, TX 75034 (972) 292-5210 lsafranek@friscotexas.gov FY 2017 Salary and Benefits Survey and Pay Plan 2014 Surveys; Annual Salary Survey Update Support; Position Classification and FY 2002 Salary Plan CMCA PUBLIC SECTOR PERSONNEL CONSULTANTS 6/20 15 PROPOSAL TO CONDUCT A CITYWIDE CLASSIFICATION AND TOTAL COMPENSATION STUDY FOR THE CITY OF MONTEBELLO FEE PROPOSAL COUNTY GOVERNMENTS SERVED BY OUR STAFF 1,000+ PUBLIC EMPLOYERS SERVED ________________________________________________ PUBLIC SECTOR PERSONNEL CONSULTANTS PROJECT RATES BY MAJOR TASK A. PROJECT COST ESTIMATE We estimate that the project's total cost, including all fees for professional services and reimbursement for out-of-pocket expenses, will not exceed the indicated amounts. Major Project Components – Classification Study* - Planning Meetings, Kick Off, Communication $ 5,000 - Job Information Interviews / Desk Audits (100 included) $ 10,000 - Position Classification, Job Titling, FLSA $ 5,000 - Updated Job Descriptions/Class Specifications (100 included) $ 10,000 Classification Study: $ 30,000 Major Project Components – Compensation Study - Total Compensation Survey $ 30,000 - Pay Plan Modeling, Implementation Options and Costing $ 7,500 - Reporting and Presentations $ 2,500 Compensation Study: $ 40,000 Total Not To Exceed: $70,000 B. FLEXIBLE WORK PLAN, NEGOTIABLE TOTAL COST, TERMS Our work plan is flexible and total project cost negotiable, and we will discuss, modify, add or delete, any work task to increase the project's responsiveness to the City’s needs and financial resources. We will provide the City with monthly invoices for the professional services provided and out -of-pocket expenses incurred during the month. We request that the City pay the invoices within thirty (30) days of their receipt. C. ESTIMATED TIMELINES We estimate that the project can be completed within 1 20 days of initial project planning; preparation of class specifications occasionally takes additional time. CMCA PUBLIC SECTOR PERSONNEL CONSULTANTS 6/20 16 PROFESSIONAL SERVICES AGREEMENT CITY OF MONTEBELLO PROFESSIONAL SERVICES AGREEMENT NO. 3804 BY AND BETWEEN CITY OF MONTEBELLO AND PUBLIC SECTOR PERSONNEL CONSULTANTS THIS AGREEMENT ("Agreement") is made and entered into on August 13, 2020, by the CITY OF MONTEBELLO, a municipal corporation (hereinafter referred to as "CITY") and [NAME OF CONSUL TANT] (hereinafter referred to as "CONSUL TANT"). CITY and CONSUL TANT are sometimes referred to herein individual as a "Party," and jointly as the "Parties." RECITALS WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to City to complete the City's Classification and Total Compensation Study, as more fully described herein; and WHEREAS, CONSUL TANT represents the degree of specialized expertise contemplated within California Government Code, Section 37103, and is qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees; and WHEREAS, no official or employee of CITY has a financial interest, within the provisions of Sections 1090 -1092 of the California Government Code, in the subject matter of this Agreement; and WHEREAS, CONSUL TANT responded to CITY's Request for Proposals dated April 23, 2020 (RFP No. 20-12), as such is set forth fully in Exhibit "A" hereto and incorporated fully herein' by this reference (hereinafter "Consultant Proposal"). NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows: SECTION 1. SERVICES I COMPENSATION. A. CONSUL TANT shall provide to CITY those services that are set forth fully in the Scope of Services, as such is set forth fully in Exhibit "A" hereto and incorporated fully herein by this reference (hereinafter "Professional Services"). B. CONSUL.TANT shall complete the Scope of Services within the time set forth in the Schedule of Performance, as such is set forth in Exhibit "B" hereto and incorporated fully herein by this reference. B. CONSUL TANT shall be compensated a sum not-to-exceed (the "Maximum Compensation") for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto as Exhibit "C" and incorporated fully herein by this reference ("Compensation"). CONSUL TANT shall provide an itemized billing statement to CITY each month for Professional Services performed. CONSUL TANT shall not incur fees or costs which exceed the Maximum Compensation without the prior written consent of CITY. C. CITY will be invoiced at the end of the first billing period following commencement of work and at the end of each billing period thereafter. Payment in full of an invoice must be received by CONSUL TANT within thirty (30) days of the date of such invoice. D. Work performed shall be deemed approved and accepted by CITY as and when invoiced unless CITY objects within fifteen (15) days of invoice date by written notice specifically stating the details in which CITY believes such work is incomplete or defective, and the invoice amount(s) in dispute. CITY shall pay undisputed amounts as provided for in the preceding paragraph. E. Failure of CITY to submit full payment of an invoice within thirty (30) days of the date thereof subjects this agreement and the work herein contemplated to suspension or termination at CONSUL TANT's discretion. SECTION 2. TERM. This Agreement shall commence upon the date the last of the Parties executes this Agreement herein below ("Effective Date"), and shall terminate upon completion of the Scope of Services set forth herein, unless terminated sooner as provided in Section 7 herein. The Parties agree that Sections 4(8), 9, 10, 11, 13, 16, 17, 18, and 19 shall survive for three (3) years following the expiration or termination of this Agreement. SECTION 3. PERFORMANCE. A. CONSUL TANT shall at all times, faithfully, competently, and to the best of its ability, experience and talent, perform all tasks described herein. B. CONSUL TANT shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of CONSUL TANT hereunder, in meeting its obligations under this Agreement. C. CONSUL TANT shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command. D. CONSUL TANT shall have the right to retain, subject to CITY's written approval, additional individuals, consultants or subcontractors to assist in the completion of services as herein defined. Compensation for additional individuals, consultants or subcontractors shall be the sole and exclusive responsibility of CONSUL TANT. E. CONSUL TANT shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years, unless otherwise provided for in Exhibit "A." Upon CITY providing twenty-four (24) hours advanced prior notice, CONSUL TANT shall make all records, invoices, time cards, cost control sheets and other records maintained by CONSUL TANT in connection with this Agreement available during CONSUL TANT's regular working hours to CITY for review and audit by CITY. F. All reports, documents or other written material developed by CONSUL TANT in the performance of this Agreement shall be and remain the property of CITY without restriction or limitation upon its use or dissemination by CITY. Such material shall not be the subject of a copyright application by CONSUL TANT. Any alteration or reuse by CITY of any such materials on any project other than the Project shall be at CITY's sole risk, unless CITY compensates CONSUL TANT for such reuse. SECTION 4. WORK PRODUCT. A. CONSUL TANT hereby agrees that all work produced pursuant to this Agreement, and provided to CITY during and upon completion of this Agreement, shall be the property of CITY, and ownership of said work product shall be retained by CITY. CONSUL TANT may take and retain copies of such written products as desired. B. All data, documents, discussion, or other information developed or received by CONSUL TANT or provided for performance of this Agreement are deemed confidential and shall not be disclosed by CONSUL TANT without prior written consent by CITY. CITY shall grant such consent if disclosure is legally required. All such written products shall be returned to CITY upon the termination or expiration of this Agreement. CONSUL TANT agrees that the covenants contained in this Article shall survive the expiration or termination of this Agreement. C. Documents are provided in CONSUL TANT's standard software formats. CITY recognizes that electronic or magnetic data and its transmission can be easily damaged, may not be compatible with CITY's software formats and systems, may develop inaccuracies during conversion or use, and may contain viruses or other destructive programs, and that software and hardware operating systems may become obsolete. As a condition of delivery of electronic or magnetic data, CITY agrees to defend indemnify and hold CONSUL TANT, its sub- contractors, agents and employees harmless from and against all claims, loss, damages, expense and liability arising from or connected with its use, reuse, misuse, modification or misinterpretation. In no event shall CONSUL TANT be liable for any loss of use, profit or any other damage. SECTION 5. EXTRA SERVICES. No extra services over and above the Compensation shall be rendered by CONSUL TANT under this Agreement unless such extra services first shall have been duly authorized in writing by CITY's City Administrator ("City Administrator"). SECTION 6. CITY SUPERVISION. The City Administrator shall have the right of general supervision of all work performed by CONSUL TANT and shall be CITY's agent with respect to obtaining CONSUL TANT's compliance hereunder. No payment for services rendered under this Agreement shall be made without the prior approval of the City Administrator. SECTION 7. TERMINATION. In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non- defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default. A. Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non-defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by CONSUL TANT which cannot be corrected within ten (10) days, said contract shall at the option of CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by CONSUL TANT, CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of CONSUL TANT. CONSUL TANT and his sureties shall be liable to CITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract. In the event of a termination for cause, CONSUL TANT shall only be entitled to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination. B. Termination for Convenience. CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, after giving written notice to CONSUL TANT at least five (5) business days before the termination is to be effective. Upon the termination of this Agreement as provided herein, CITY shall provide to CONSULTANT the part of Compensation which would otherwise be payable to CONSUL TANT for services CONSUL TANT had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by CITY, the Parties agree that CONSUL TANT shall be reimbursed for any "non-refundable" costs that CONSUL TANT has incurred for its services under this Agreement, provided that: (1) such "non-refundable" costs were incurred by CONSUL TANT prior to the date of termination; (2) that CONSUL TANT provides CITY with adequate proof that CONSUL TANT incurred the costs, and is unable to be seek a refund for such costs; and (3) such costs were within the scope of work or services to be performed under this Agreement. Such "non- refundable" costs may include, but are not limited to, travel reservations incurred by CONSUL TANT for its performance of services under this Agreement. CONSUL TANT agrees to cease all work under this Agreement on or before the effective date of any notice of termination. SECTION 8. EMPLOYMENT OF CITY EMPLOYEES. No regular employee of CITY shall be employed by CONSUL TANT during the Term of this Agreement. SECTION 9. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES. No official or employee of CITY shall be personally liable to CONSUL TANT in the event of any default or breach by CITY, or for any amount which may become due to CONSUL TANT. SECTION 10. INDEPENDENT CONTRACTOR. A. CONSUL TANT is and shall, at all times, remain as to CITY a wholly independent contractor. Neither CITY nor any of its elected officials, officers, employees or agents shall have control over the conduct of CONSUL TANT except as expressly set forth in this Agreement. CONSUL TANT shall not at any time or in any manner represent that he is in any manner an elected official, officer, employee or agent of CITY. No employee benefits shall be available to CONSUL TANT in connection with the performance of this Agreement. Except as provided in this Agreement, CITY shall not pay salary, wages, or other compensation to CONSUL TANT for performance hereunder for CITY. CITY shall not be liable for compensation to CONSULTANT, CONSULTANT's employees or CONSUL TANT's subcontractors for injury or sickness arising out of performing services hereunder. B. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement. C. CITY shall not deduct from the Compensation paid to CONSUL TANT any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to CONSUL TANT. CITY shall have no responsibility to provide CONSUL TANT, its employees or subcontractors with workers' compensation insurance or any other insurance. SECTION 11. PERS ELIGIBILITY INDEMNITY. A. In the event that CONSUL TANT or any employee, agent, or subcontractor of CONSUL TANT providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of CITY, CONSUL TANT shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONSUL TANT or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of CITY. B. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, CONSUL TANT and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by CITY, including but not limited to eligibility to enroll in PERS as an employee of CITY and entitlement to any contribution to be paid by CITY for employer contribution and/or employee contributions for PERS benefits. SECTION 12. LEGAL RESPONSIBILITIES. CONSUL TANT shall at all times observe and comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments including, but not limited to the Montebello Municipal Code. CITY, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of CONSUL TANT to comply with this section. SECTION 13. INDEMNIFICATION. CONSUL TANT agrees to, and shall defend, indemnify, protect and hold harmless, CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of CONSULTANT'S negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of CITY. SECTION 14. INSURANCE COVERAGE. During the Term of this Agreement, CONSUL TANT shall carry, maintain, and keep in full force and effect all of the following minimum scope of insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with CONSUL TANT's performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below: • Commercial General Liability (CGL): Broad-form, Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis for bodily injury and property damage, including premise-operations, products-completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury, and advertising injury, with limits no less than Two Million Dollars and Zero Cents ($2,000,000), combined single limits, per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit. • Business Automobile Liability Insurance: For owned vehicles, hired, and non-owned vehicles, Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if CONSUL TANT has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than One Million Dollars and Zero Cents ($1,000,000.00) per accident for bodily injury and property damage. • Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One Million Dollars and Zero Cents ($1,000,000.00) per accident for bodily injury or disease. CONSUL TANT agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers for losses arising from work performed by CONSUL TANT for CITY and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. By executing this Agreement, CONSUL TANT further certifies as follows: I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers' Compensation or to undertake self-insurance before commencing any of the work contemplated herein. • Professional Errors and Omissions (E&O) Liability insurance appropriate to the CONSUL TANT's profession, with limit no less than Two Million Dollars and Zero Cents ($2,000,000.00) per occurrence or claim, Two Million Dollars and Zero Cents ($2,000,000.00) aggregate. Architects' and engineers' coverage shall be endorsed to include contractual liability. If the policy is written as a "claims made" policy, the retroactivity date shall be prior to the start of work set forth herein, CONSUL TANT shall obtain and maintain said E&O liability insurance during the Term of this Agreement and for five (5) years after completion of work hereunder. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of this Agreement, CONSUL TANT shall purchase "extended reporting" coverage for a minimum of five (5) years after completion of the work. If CONSUL TANT maintains higher limits than the minimums shown above, CITY requires and shall be entitled to coverage for the higher limits maintained by CONSUL TANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY. CONTACTOR shall require each of its subcontractors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California, with a current rating of at least A:Vll in the latest edition of Best's Insurance Guide, and approved by CITY. Each insurance policy required herein shall state that coverage shall not be canceled, except after providing CITY thirty (30) days' (or ten [1 O] calendar days' for non-payment) prior written notice. CONSUL TANT agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either: (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at CONSULTANT'S expense, the premium thereon. At all times during the Term of this Agreement, CONSUL TANT shall maintain on file with CITY's Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming CITY, its officers, agents, employees and volunteers as an additional insured. CONSUL TANT shall, prior to commencement of work under this Agreement, file with CITY's Risk Manager such certificate(s). CONSUL TANT shall provide proof that policies of insurance required herein expiring during the Term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days' prior written notice to CITY. CONSUL TANT agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. Except for professional liability and workers' compensation policies, the policies herein are primary and non-contributing with any insurance that may be carried by CITY. Any insurance or self-insurance maintained by CITY, its officers, employees, agents or volunteers, shall be in excess of CONSUL TANT's insurance and shall not contribute with it. All insurance coverage provided pursuant to this Agreement shall not prohibit CONSULTANT, and CONSULTANT's employees, agents or subcontractors, from waiving the right of subrogation prior to a loss. CONSUL TANT hereby waives all rights of subrogation against CITY. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver if subrogation endorsement from the insurer. Coverage not affected. Any failure to comply with the reporting provisions of the policies contemplated herein, shall not affect coverage provided to CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers. Coverage applies separately. CONSUL TANT's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, CONSUL TANT shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CONSUL TANT shall procure a bond guaranteeing payment of losses and expenses. Procurement of insurance by CONSUL TANT shall not be construed as a limitation of CONSUL TANT's liability or as fall performance of CONSUL TANT's duties to indemnify, hold harmless and defend under Section 9 of this Agreement. CITY, its officers and employees shall not be responsible for any claims in law or in equity occasioned by failure of CONSUL TANT to comply with this section. CITY reserves the right to modify these requirements, including limits, based on the nature of risk, prior experience, insurer, coverage, or other special circumstances. SECTION 15. SUBCONTRACT, ASSIGNMENT OR DELEGATION. CONSUL TANT shall not subcontract, delegate or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of CITY. Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed sub-contractor, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved. Any subcontract, delegation or assignment shall be made in the name of CONSUL TANT and shall not bind or purport to bind CITY and shall not release CONSUL TANT from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees or sub-contractors. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to CONSUL TANT under the Agreement. SECTION 16. NO WAIVER. Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition or covenant hereof. SECTION 17. DISPUTE RESOLUTION; GOVERNING LAW. Disputes regarding the interpretation or application of any provision(s) of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties. If any action at law or in equity is brought to enforce this Agreement or because of alleged dispute, breach, default or misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees, expert fees, costs and necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be County of Los Angeles, California. The Parties agree that the covenants contained in this Article shall survive the expiration or termination of this Agreement. SECTION 18. ATTORNEY'S FEES AND COSTS. If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees and costs in addition to any other relief to which it may be entitled. SECTION 19. WARRANTIES. Each of the parties represents and warrants to one another as follows: A It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement; B. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and C. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement. SECTION 20. MISCELLANEOUS. A. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions. B. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa. C. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. D. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described. E. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered. F. Each of the parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel. Each party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such party's failure to perform under this Agreement or any agreement referred to in this Agreement. G. To the extent of a conflict between the terms of this Agreement and those set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern. SECTION 21. NOTICE. All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice: CITY ADMINISTRATOR City of Montebello 1600 West Beverly Boulevard Montebello, California 90640 CONSULTANT Public Sector Personnel Consultants 149 S. Barrington Ave., #726 Los Angeles, CA 90049 SECTION 22. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER. In the performance of this Agreement, CONSUL TANT shall not discriminate against any employee, sub-contractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, mental condition or sexual orientation. CONSUL TANT will take affirmative action to ensure that sub-contractor and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. SECTION 23. CONFLICT OF INTEREST. CONSUL TANT and its officers, employees, associates and subconsultants, if any, shall comply with all California conflict of interest statutes applicable to Consultant's Services under this Agreement, including, but not limited to, the Political Reform Act (Gov. Code, § 81000 et seq.) and Government Code Section 1090. CONSUL TANT further covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by CONSUL TANT under this Agreement, or which would conflict in any manner with the performance of its services hereunder. CONSUL TANT further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, CONSUL TANT shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement. CONSUL TANT covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to CITY as a result of the performance of this Agreement, or the services that may be procured by CITY as a result of the recommendations made by CONSUL TANT. CONSUL TANT's covenant under this section shall survive the termination of this Agreement. SECTION 24. ENTIRE AGREEMENT. This Agreement contains the entire understanding between CITY and CONSULTANT. Any prior agreements , promises , negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party . If any term , condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid , void or unenforceable , the remaining provisions of this Agreement shall be valid and binding . CITY OF MONTEBELLO CONSULTANT er Rene Bobadilla ·.~- City Manager Dated q/q /-ze, 2e) President Dated : 9 /?o {20 ZD ATTEST: /···--Y:~~A - ~:-;: <:: __, Irma Barajas --- City Clerk City of Huntington Beach File #:21-237 MEETING DATE:3/15/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:John Clark, Interim Administrative Services Director Subject: Approve a Professional Services Contract with Carl Warren & Company for Liability Claims Administration Services Statement of Issue: The City of Huntington Beach maintains a program of self-insurance for general liability pursuant to the California Tort Claims Act. The City desires to retain the services of Carl Warren & Company to provide assistance in administering this program for a period of three (3) years. Financial Impact: The proposed contract is for an amount not to exceed $309,000 for a three-year period, with funding appropriated in Business Unit 55230502.69365 Liability Insurance Fund. Recommended Action: Approve and authorize the Mayor and City Clerk to execute the agreement, “Professional Services Contract Between the City of Huntington Beach and Carl Warren & Company Liability Claim Investigation and Processing,” in the amount of $309,000 for three (3) years, and delegate authority to the City Manager to execute any extensions thereto. Alternative Action(s): Do not approve the agreement and direct staff accordingly. This will require conducting a second Request for Proposals process to solicit bids from other qualified firms. Analysis: In 2020, the City issued a Request for Proposals (RFP) for a public sector third-party administrator (TPA) for liability claims administration services. Services include, but are not limited to, the following activities: program administration, claims administration, investigation services, and litigation management. Carl Warren ranked No. 1 out of 3 vendors (Attachment 2) based on their experience and pricing. The City has utilized Carl Warren for many years and has been satisfied with their services. Staff recommends the approval of a three (3) year contract with Carl Warren to administer the City’s general liability self-insurance program. City of Huntington Beach Printed on 3/10/2021Page 1 of 2 powered by Legistar™ File #:21-237 MEETING DATE:3/15/2021 Environmental Status: Not applicable. Strategic Plan Goal: Not applicable - Administrative Item Attachment(s): 1.Professional Services Contract - Carl Warren & Company 2.Professional Service Award Analysis City of Huntington Beach Printed on 3/10/2021Page 2 of 2 powered by Legistar™ PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CARL WARREN AND COMPANY LIABILITY CLAIM INVESTIGATION AND PROCESSING THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Carl Warren, an Arizona Company hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide liability claim investigation and processing services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULT ANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULT ANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference . These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Richard McAbee who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSUL TANT in the performance of this Agreement. 21-9388/246139agree/ surfnet/professional svcs mayor 5/19-204082 1 of 11 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSUL TANT are to commence on February 18 , 2021 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be compl eted no later than one (1) year from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generall y to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULT ANT. In the event the Commencement Date precedes the Effective Date, CONSUL TANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULT ANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Three Hundred Nine Thousand Dollars ($309,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 21 -93 88/24 6139 agree/ s urfn et/pro fes s ion al sv cs m ay or 5/19 -204082 2of11 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULT ANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS A. CONSUL TANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULT ANT. B. To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: 2 l-9388/246139agree/ surfnet/professional svcs mayo r 5/19 -204082 3of11 "CONSUL TANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULT ANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULT ANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation . This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULT ANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance 21-9388/246139agree/ surfnet/professional svcs mayor 5/19-204082 4of11 policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B . CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSUL TANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULT ANT agrees to purchase an extended reporting provision of at least two (2) years to repo1i claims arising from work performed in connection with this Agreement. If CONSUL TANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULT ANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULT ANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and 21 -93 88 /246 l 39agree/ surfnet/professional svcs mayor 5/19 -204082 5of11 C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULT ANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULT ANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULT ANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12 . TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULT ANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULT ANT as provided herein. In the 2 l-9388/246139agree/ surfnet/professional svcs mayor 5/19-204082 6of11 event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULT ANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PA TENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULT ANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSUL TANT niay designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: 2 l-9388/246 l 39agree/ surfnet/professional svcs mayor 5/19-204082 7of11 TO CITY: City of Huntington Beach ATTN: Deanna Soria 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: Carl Warren and Company 11209 N. Tatum Blvd., Suite 130 Phoenix, AZ 85028 (602) 485-8228 Attn: Richard McAbee When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or 2 l-9388/246139agree/ surfneUprofessional svcs mayor 5119-204082 8of11 neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires . Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULT ANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULT ANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULT ANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 21-9388/246 139agree/ surfnet/professional svcs mayor 5/19-204082 9of11 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non prevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive . 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm 's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this 21-9388/246139agree/ surfnet/professional svcs mayor 5/19-204082 10of11 Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and tlU'ough their authorized officers. CONSULTANT, Carl Warren and Company CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor print name C \'1-_\'1 '<'\c;..i\:•~\~ ITS : (circle one) Cha irman/President/Vice Presiden~~~(--------------- City C lerk Secretary -Treasurer 2 l-9388/246139agree/ surfn etlprofessiona l svcs mayor 5/19-2 04082 TED AND APPROVED: Cl,~_ REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: City Attorney UiJ 11 of 11 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 3/2/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Venbrook Insurance Services CA Lie 0080832 CONTACT Pamala Sheridan NAME: 6320 Cano~a Avenue , 12th Floor PHONE 818-598-8997 I r..e~ Nol : 818 -598-5680 IA/C No Ext\: Woodland ills, CA 91367 E-MAIL oDerations@venbrook.com ADDRESS: INSURER(Sl AFFORDING COVERAGE NAIC# www.venbrook.com CA Lie No. OD80832 INSURER A: Sentinel Insurance Company Ltd 11000 INSURED INSURER B: Pacific ln demnitv ComDanv 20346 Venbrook Groug LLC INSURERC: Allied World Surolus Lines Insurance Co 24319 Carl Warren & ompany Carl Warren & Company of Nevada INSURERD: P.O. Box 25180 INSURER E: Santa Ana CA 92799 INSURER F: COVERAGES CERTIFICATE NUMBER: 60452235 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOV E FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT , TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIF ICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDIT IONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE ,.,~n l ~m POLICY NUMBER IMM /DD/YYYYI IMM/DD/YYYYI LIMITS A ,..:!.._ COMMERCIAL GENERAL LIABILITY I I 72SBAAG9334 8/22/2020 8/22/2021 EACH OCCURRENCE $$2 000,000 D CLA IMS-MADE [LJ OCCUR ~~~~~~~ YE~~~~~r?encel $$1 ODO ODO ~ MED EXP (Any one person) $$1,0000 PERSONAL & ADV INJ URY $ $2 ,000,000 ~ GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ $4 ,000,000 Fl [Z]PRO-D Loc PRODUCTS· COMP /OP AGG $ $4,000,000 POLICY JECT OTHER: Deductible S$Q A AUTOMOBILE LIABILITY 72SBAAG9334 8/22/2020 8/22/2021 COMB INED SINGLE LIMIT $ $2,000,000 !Ea accident\ ~ ANY AU TO BODILY INJURY (Per person ) $ ~ OWNED -SCHEDULED AUTOS ON LY AUTOS BODILY INJURY (Per accident) $ ~ HIRED -NON-OWNED PROPERTY DAMAGE ,..:!.._ AUTOS ONLY ...:!.... AUTOS ONLY !Per accidentl $ Deductible S$Q UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ ~ EXCESS LIAS CLA IM S-MADE AGGR EG ATE $ OED I I RETENTION$ s B WORKERS COMPENSATION 71771494 8/22/2020 8/22/2021 ; I ~ffruTE I I OTH-ER AND EMPLOYERS' LIABILITY Y/N ANYPROPRI ETO R/PARTN ER/EXECUTIVE ~ E.L. EACH ACC IDENT S$1,000 ODO OFFICER/MEMBER EXCLU DED? N/A (Mandatory in NH) E.L. DISEASE· EA EMPLOYEE $$1 ODO ODO If yes, describe under E.L. DISEASE· POLICY LI MIT S$1 ODO 000 DESCR IPTION OF OPERATIONS below c Errors & Omissions 03121299 12/1/2019 6/1/2021 $10 ,000,000 Limit/$75 ,000 Retention DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule , may be attached if more space is required) City of Huntington Beach, its Officers, Elected or Appointed Officials , Employees, Agents and Voluntee rs are included as additional insured as respects General Li ability, where required by written contract. Waiver of subrogation is applicable where required by written contract with respect General Liability and subject to policy terms and conditions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Citd of Huntington Beach THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN 20 O Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach CA 92648 AUTHORIZED REPRESENTATIVE ~u4a~tS!w~ I Pamala Sheridan © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 60452235 I 20-21 ALL LINES -CARL WARREN I Pamala Sheridan I 3/2/2021 3 :05 :23 PM (PST} I Page 1 of 6 '! \ .f \ 72SBAAG9334 BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED COVERAGES If listed or shown as applicable in the Declarations, one or more of the following Optional Additional Insured Coverages also apply. When any of these Optional Additional Insured Coverages apply, Paragraph 6. (Additional Insureds When Required by Written Contract, Written Agreement or Permit) of Section C., Who Is An Insured, does not apply to the person or organization shown in the Declarations. These coverages are subject to the terms and conditions applicable to Business Liability Coverage in this policy, except as provided below: 1. Additional Insured -Designated Person Or ·-f · Organization I WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations, but only with respect to liability for "bodily injury", "property damage" or "persona l and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations; or b. In connection with your premises owned by or rented to you. 2. Additional Insured • Managers Or Lessors Of Premises a. WHO IS AN INSURED under Section c. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured • Desi!;inated Person Or Organization; but only w~h respect to liability arising out of the ownership, maintenance or use· of that part of the premises leased to you and shown in the Declarations. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions app ly: This insurance does not apply to: (1} Any "occurrence" which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. 3/2/2021 3. Additional Insured • Grantor Of Franchise WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured - Granter Of Franchise, but only with respect to their liability as granter of franchise to you. 4. Additional Insured • Lessor Of Leased Equipment l a. WHO IS AN INSURED under Section C. is 1· amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured -Lessor of Leased Equipment, but only with respect to liability for "bodily injury", "property damage" or "persona! and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after you cease to lease that equipment. 5. Additional Insured • Owners Or Other Interests From Whom Land Has Been Leased a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured -Owners Or Other Interests From Whom Land Has Been Leased, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land leased to you and shown in the Declarations. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1} Any "occurrence" that takes place after you cease to lease that land; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. 6. Additional Insured -State Or Political Subdivision -Permits a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the state· or political subdivision shown in the Declarations as an Additional Page 18 of 24 Form SS 00 08 04 05 60452235 I 20-21 ALL LINES -CARL W]\RREN I Pamala Sheridan I 3/2/2021 3 :05 :23 PM {PST) I Page 2 of 6 ( < f \. 72SBAAG9334 Insured -State Or Political Subdivision - Permits, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. · b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage" included in the "product-completed operations" hazard. 7. Additional Insured-Vendors a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) (referred to below as vendor) shown in the Declarations as an Additional Insured - Vendor, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". b. The insurance afforded to the vendor is subject to the following additional exclusions: (1) This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, unless unpacked solely for the .purpose of inspection, demonstration, testing , or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; 03 /02/2021 BUSINESS LIABILITY COVERAGE FORM (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence o( the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Subparagraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 8. Additional Insured -Controlling Interest WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured - Controlling Interest, but only with respect to their liability arising out of: a. Their financial control of you; or b. Premises they own, maintain or control while you lease or occupy these premises . Form SS 00 08 04 05 Page 19 of 24 60452235 I 20 -2 1 AL L L INES -CARL WAR RE N I Pamala Sheridan I 3 /2 /2021 3 :05 :23 PM {PST ) I Page 3 o f 6 ( / \._. 72SBAAG9334 If more than one limit of insurance under this policy and any endorsements attached thereto applies to any claim or "suit", the most we will pay under this policy and the endorsements is the single highest limit of liability of all coverages applicable to such claim or "suit". However, this paragraph does not apply to the Medical Expenses limit set forth in Paragraph 3. above. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense You or any addltional insured must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense . b. Notice Of Claim If a claim is made or "suit" is brought against any insured, you or any additional insured must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You or any additional insured must see to it that we receive a written notice of the claim or "suit" as soon as practicable. · c. Assistance And Cooperation Of The Insured You and any other involved insured must: Form SS 00 08 04 05 03/02 /202 1 BUSINESS LIABILITY COVERAGE FORM (1) lmmediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation, settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization that may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The lnsured's Own Cost No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e . Additional lrisured's Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered · by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance. f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence", offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official , if you or an additional insured is a political subdivision or public entity. Page 15 of 24 60452235 I 20 -21 ALL LINES -CARL WARR E N I Pamala Sheridan I 3 /2 /2021 3 :05 :23 PM (PST) \ Page 4 of 6 ( ( '· 72SBAAG9334 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to you and any additional insured. 3. Financial Responsibility Laws a. When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by the policy for "bodily injury" liability and "property damage" liability will comply with the provisions of the law to the extent of the coverage and limits of insurance required by that law. b. With respect to "mobile equipment" to which this insurance applies, we will provide any liability, uninsured motorists, underinsured motorists, no-fault or other coverage required by any motor vehicle law. We will provide the required limits for those coverages. 4. Legal Action Against Us No person or organization has a right under this Coverage Form: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Form unless all of its terms have been fully complied with . A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this insurance or that are in excess of the applicable limit of insurance. An agreed sett lement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative . 6. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought. 6. Representations a. When You Accept This Policy By accepting this policy, you agree : (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and 03 /02 /2021 (3) We have issued this policy in reliance upon your representations . b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business at the inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure. 7. Other Insurance If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excesslnsurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) YourWork That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft,"autos" or watercraft to the extent not subject to Exclusion g. of Section A. -Coverages. (6) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion k. of Section A. - Coverages. Page 16 of 24 Form SS 00 08 04 05 6 0 452235 I 2 0 -21 ALL LINES -CAH.L WARREN I Pamala Sher i dan I 3 /2 /2021 3 :05 :23 PM (PST) l Page 5 of 6 72SBAAG9334 ( ' (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess , we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit''. If no other insurer defends , we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. 3/2/2021 BUSINESS LIABILITY COVERAGE FORM When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self- insured amounts under all that other insurance . We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part . c. Method Of Sharing ff all the other insurance permits contribution by equal shares, we will follow this method also . Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this .Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments , we have made under this Coverage Part, we also waive that right, provided the insured waiveo their rights of recovery against such person or organization in a contract, . agreement or permit that was executed prior to the injury or damage. Form SS oo 08 04 05 Pag,e 17 of 24 60452235 I 20-21 ALL LINES -CARL WARREN I Pamala Sheridan I 3/2/2021 3: 05 : 23 PM (PST ) I Page 6 of 6 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) See attached Exhibit A. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: See attached Exhibit A. C. CITY'S DUTIES AND RESPONSIBILITIES : See attached Exhibit A. D . WORK PROGRAM/PROJECT SCHEDULE: See attached Exhibit A. EXHIBIT A EX HIBIT A , · SCOPE OF WORK The Consultant is to provide the City with the following services: A. Program Administration Consultant shall: 1. Provide professional and technical staff to perform General Liability Claims . Administration services with the assignment of qualified personnel, including at least · one principal claims examiner, to efficiently and effectively meet the scope of work liste.d in this section. Such assignment shall be subject to approval by the City. 2. Represent the City in all matters related to the set-up, investigation, adjustment, processing, negotiation, and resolution ofliability claims against the City . 3. Inform the City of changes m· proposed changes in statutes, rules and regulations and any other case law affecting its General Liability Program. 4. Provide information and guidance regarding the general liability claims program and specified claims. 5. Provide copies of file correspondence and documentation as requested by City. 6. Inform City of problem areas and/or trends, both potential and perceived, and provide recommendations and/or solutions to address problem areas and/or trends. 7 . Attend appointments, including but not limited· to: meetings, conferences, Court appearances and scene investigations at the request of the City. 8. Provide 24-hour on-call service by providing the City with contact information for key personnel. This may include, but is not limited to, responding to an incident scene and/or conducting investigations. 9. Conduct risk management related seminal's for depaitment heads and/or City staff at the request of the City. l 0. Attempt to settle and/or recommend denial of claims. 11 . Prepare necessary reports of claims filed for the City's primary and excess carriers. 12 . Establish and maintain a file for each potential claim. 13. Prepare a Monthly Status Rep01t on all claims including litigated claims. Copies of the repo1t shall be furnished to both the City Attorney and Risk Manager within twenty (20) days of the close of each calendar month. The Monthly Status Report shal I include, but is not limited to, the following: EX HIBIT A i. The details of each claim. This includes a list of all claims segregated by policy year showing the following: policy year, case number, claimant's name, cause of loss description, date of loss, type of loss, status, losses paid to date, reserves, and total incurred; the outstanding reserves of each claim and detail of all claim payments during the month; investigative costs; claims opened and closed during the month; and any active litigation. 14. The qualified TPA will follow special reporting requirements to the appropriate carriers for the time the City of Huntington Beach was a membet· of the BIG Independent Cities Excess Pool (BICEP), which dissolved effective July 1, 2019. 15. Provide Quarterly Claim reviews to the City. 16. Provide the City with an annual Stewardship report. 17. Submit and assist with file audits by Carriers or Pools. B. Claims Administration Consultant shall provide administrntive services that include, but are not limited to: I. At the direction of the City, claimants or their attorneys will be contacted promptly and appropriate contact will be maintained until the claim is closed. Claimants or their attorneys will receive a telephone call from Consultant 01· have a contact letter mailed to them from Consultant within 48 hours of receipt of claim by Consultant. 2. Obtain estimates of automobile damage when appropriate. 3. Review the status of claims and adequacy of reserves on all active cases at least every 90 days. 4. Provide first investigative repo1t to Risk Management within thiity (30) days of receipt of claim. · 5. Provide narrative reports when recommending rejection or settlement of a claim, when a claim is going to tl'ial, or when any other significant events have occurred or will occur. Reports must be clear and concise. 6. Negotiate and approve claim settlements up to $5,000 and submit notice to the Risk Manager. 7. All files will be diaried at appropriate intervals to allow for timely completion of required activity. 8. Content of all files will be in chronological order with correspondence in the designated section. EXHIBIT A 9. Files will clearly and concisely document action taken on the claim. I 0. Telephone calls will be returned within 24 hours. If the staff member called is not available within this timeframe, another designated staff member will return to call. 11. Review all new claims for liability and provide an assessment of liability to the City no later than thirty (30) days from receipt of loss notice to City. 12. Identify and notify possible co-defendants. I 3. Tender claims to other potential responsible parties. 14. Complete and send Insufficiency letters, rejection notices, delay lettel's, mitigation of damages letters and other col'l'espondence and communication as is needed. 15 . Process all claims in accordance with City's instructions and policies. 16. Have translators available to assist with non-English speaking claimants and/or witnesses. I 7. Maintain a procedure to alert necessary persons of important dates with respect to the claims. 19. lf the possibility of subrogation exists, pursue subrogation recovery on behalf of the City for 18% of the net recovery. 20. Report to BICEP (Excess Liability Pool) or PRISM in accordance with policy provisions . 2 I. Comply and meet with any ex cess pool/carrier claims administrntion requirements. C. Investigations 1 . Within ten (10) days of receipt of claim, unless otherwise requested by the Risk Manager, take statements of facts from claimants when not represented by an attorney. Statements will be preserved by recording 01· taking handwritten signed statements. 2. Further investigate claims where the initial review indicates that it is warranted. Further investigation may include but is not limited to: on-sight investigation, photographs, interviewing witnesses and taking signed or recorded statements, verification of damage or loss, taking measurements, obtaining maps/diagrams from the City or other sources, obtaining medical releases, police reports, internal operations investigations, paramedic reports, marine safety department reports, building permits, or other records as required. 3. If an attorney is involved, direct all communication to the claimant's attorney regarding the investigation, negotiation, and evaluation of any claims leading to a settlement. EXHIBIT A 4. Report all bodily injury claims to Index Bureau. Conduct Index bureau searches for repeat claimants. Conduct additional Index Bureau searches at request of the City. 5. Obtain approval from City before engaging the services of an outside vendor for an investigative assignment. D. Litigation Management Consultant shall provide Litigation Management services that include, but are not limited to: I. Provide City Attorney's Office with transmittal letter outlining the status of the case, results of investigations, primary issues, i·equested action, a complete copy of the file and any documentation within fom1een (14) days of receipt of lawsuit with a copy to the Risk Manager. 2. Maintain liaison with the City Attorney's Office and defense counsel and provide such investigation as required during the entire litigation process, including but not limited to: additional investigations for pretrial and trial that may be requested by either the City Attorney's Office or defense counsel. 3. Obtain approval from City prior to agreement or settlement. 4. Obtain a fully executed release on all settlements and dismissals. 5. Attend Settlement Conferences, mediation or arbitrations as requested. 6. Assist the City Attorney and defense counsel in preparing and/or answering discovery as requested. 7. Assist City personnel in Small Claims Court actions filed by and against City, including but not limited to: obtaining witness information, evidence, assistance in preparing the case for trial, and appearance at the trial if deemed necessary by the City. EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: See attached Exhibit B B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3 . A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULT ANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULT ANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 1 Exhibit B 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate . Such approval shall not be umeasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B EXHIBIT B CARL WARREN & COMPANY Claims tvlanagement and Solutions Third Party Administrative Services Price Proposal for City of Huntington Beach January 27, 2021 Contact: Richard McAbee Chief Marketing Officer 11209 N. Tatum Blvd., Suite 130 Phoenix, AZ 85028 C: 602-723-5610 I T: 602-485-8228 rmcabee@carlwarren.com Confidential & Proprietary EXHIBIT B Carl Warren & Company, LLC Third Party Administrative Services Price Proposal for City of Huntington Beach Fixed Annual Pricing -2 Year Fixed Annual Rate • NTE (*Not-to-exceed 165 new cloims & record only per year) Excess of CAP of 165 Claims Per Year: • Litiqated Excess of CAP of 165 Claims Per Year: • Non-Liti qated Incident Report/Record Only Telephone CoovWork Stenoqraohs Postaqe Office Expense Claims Set-Up Fee Data Processing Index Bureau {ISO Claims Search & OFAC) MMSEA Filir'id Fee (liabilitv claims) Miscellaneous/ Allocated Loss Adjustment Expenses (I.e . police reports, medical records, etc.) • 0 General Liability Adjuster Services Mileage Photographs/Duplicate Photographs Subrogation Outside Investigations Auto/Property Damage Appraisals Surveillance/Fraud Unit • Data Management • Account Management • Annual Stewardship • Quarter! Claims Review • RMIS Training/ Technical Support • Set-Up (one-time charge) • Data Conversion(s) • 3 Users RMIS Access • Standard Monthly Loss Runs • Report Programming • Carrier TPA Oversight (Doto Extract, Feeds. Audits, Complionce & Reporting Additional Users Custom Repori Development Exit IT Services Final Termination Re ort Trust Account Maintenance $103,000* $105,060* $900 per suffix $927 per suffi x $600 per suffix $618 per suffix Included Included Incl u ded Included In cluded Included Included Included In cluded Included Included Included Inclu ded Included Included Included Included In cluded Included Included At Cost At Cost $88 per hou r $88 per hour Included Included In cluded Included 183 o f net recovery 183 of net recovery At Cost At Cost At Cost At Cost At Cost At Cost Included Included Inc luded Included Included In cl uded Included Included Included Included Fixed Annual Pricing -3 Year Fixed Annual Rate -NTE !*Not-to-exceed 165 new claims & reco rd only per veorl Excess of CAP of 165 Claims Per Year: • Litiqated Excess of CAP of 165 Claims Per Year: • Non-Litiqated Incident Report/Record Only Telephone Copy Work Stenoaraohs Postaae Office Expense Claims Set-Up Fee Data Processing Index Bureau (IS O Claims Search & O FAC) MMSEA Filing Fee (liability claims) Miscellaneous/Allocated loss Adjustment Expenses (i.e. police reports, medical records, etc.) -.. . General Liability Adjuster Services Mileage Photographs/Duplicate Photographs Subrogation Outside Investigations Auto/Property Damage Appraisals Surveillance/Fraud Unit • Data Management • Account Management • Annual Stewardship • Quarterly Claims Review • RMIS Training/ Technical Support • Set-Up (one-time charge) • Data Conversion(s) • 3 Users RMIS Access • Standard Monthly Loss Runs • Report Programming • Carrier TPA Oversight (Data Extract, Feeds. Audits, Compliance & Reporting) Additional Users Custom Report Development Exit IT Services (final Termination Report) w; • - Trust Account Maintenance Check Issuance and Reconciliations 1099 Reoortina, including IRS File EXHIBIT B Carl Warren & Company, LLC Third Party Administrative Services Price Proposal for City of Hunting1on Beach $103,000* $103,000* $103,000* $900 per suffix $900 per suffix $900 per suffix $600 p er suffix $600 per suffix $600 per suffix Included Included Included Included Included Included Included Included Included Included Included Included Included Included In cluded Included Included Included Incl uded Included Included Included Included Included Inclu ded Included Included In cluded In cluded Included At Cost At Cost At Cost $88 per hour $88 per hour $88perh~ Included Included Included Included Included Included 183 of net 183 of net 183 of net recovery recovery recovery At Cost At Cost At Cost At Cost At Cost At Cost At Cost At Cost At Cost Included Inclu ded Inc luded In clu ded Inc lu ded In c luded $250/user per $250/use r per $250/user per year year vear $250 per hour $250 per hour $250 per hour $250 per hour $250 per hour $250 per hour Included Included Included Included Included In c luded Included Included In cluded PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CARL WARREN AND COMPANY LIABILITY CLAIM INVESTIGATION AND PROCESSING Table of Contents 1 Scope of Services ..................................................................................................... 1 2 City Staff Assistance ................................................................................................ 2 3 Term; Time of Performance ..................................................................................... 2 4 Compensation .......................................................................................................... 2 5 Extra Work ............................................................................................................... 2 6 Method of Payment .................................................................................................. 3 7 Disposition of Plans , Estimates and Other Documents ........................................... 3 8 Hold Harmless ............................. : ........................................................................... 3 9 Professional Liability Insurance ............................................................................ .4 10 Certificate of Insurance ............................................................................................ 5 11 Independent Contractor ............................................................................................ 6 12 Termination of Agreement ....................................................................................... 6 13 Assignment and Del egation ...................................................................................... 6 14 Copyrights/Patents ................................................................................................... 7 15 City Employees and Officials .................................................................................. 7 16 Notices ................................................ .-........................................ 7 1 7 Consent .................................................................................................................... 8 18 Modification ............................................................................................................. 8 19 Section Headings ..................................................................................................... 8 20 Interpretation of this Agreement .............................................................................. 8 21 Duplicate Original. ................................................................................................... 9 22 Immigration ............................................................................................................... 9 23 Legal Services Subcontracting Prohibited ................................................................ 9 24 Attorney's Fees .......................................................................................................... 10 25 Survival ..................................................................................................................... 10 26 Governing Law ......................................................................................................... 10 27 Signatories ................................................................................................................. 10 28 Entirety ...................................................................................................................... 10 29 Effective Date ................................................................................. 11 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: General Liability Claim Third Party Administrator SERVICE DESCRIPTION: Provide General Liability Claim Administration. VENDOR: Vendor #1 OVERALL RANKING: 1 SUBJECT MATTER EXPERTS/RATERS: 1. City of H.B. Risk Manager 2. City of H.B. Senior Risk Management Analyst 3. City of Huntington Beach Risk Management Specialist 4. City of Huntington Beach Senior Deputy City Attorney I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: 86.5% V.ENDOR No.1-Minimum Qualifications Review Total Weighted Maximum Criteria Score Score Compliance with RFP 80 100 Understanding of the Project 400 500 Recent Experience 450 500 Clarity 160 200 Price 450 500 References 190 200 Total I 1730 I 2000 II. DUE DILIGENCE REVIEW • Interview Ranking: 1 (tied for 1st with vendor #2) Venclor N9. 1 -Summary.of Review. • Submitted proposal compliant with RFP requirements and clearly written • As incumbent, has excellent understanding of project needs • Experience with City, as well as relevant references excellent Vendor N.o. 1 -: Pricing • Pricing is the closest to budgeted amount and lowest of all vendors PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: General Liability Claim Third Party Administrator SERVICE DESCRIPTION: Provide General Liability Claim Administration. VENDOR: Vendor #2 OVERALL RANKING: 2 SUBJECT MATTER EXPERTS/RATERS; 1. City of H.B. Risk Manager 2. City of H.B. Senior Risk Management Analyst 3. City of Huntington Beach Risk Management Specialist 4. City of Huntington Beach Senior Deputy City Attorney I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: 64.5% VENDORNo. 2 -Minimum Qualifications Review Total Weighted Maximum Criteria Score Score Compliance with RFP 75 100 Understanding of the Project 450 500 Recent Experience 350 500 Clarity 160 200 Price 125 500 References 130 200 Total I 129D I 2000 II. DUE DILIGENCE REVIEW • Interview Ranking: 1 (tied for 1st with vendor #1) Ve.ndor No •. 2 ,.. Summary of Review • Submitted RFP did not include an annual fee schedule • Did not include 180 day proposal price guarantee statement • Excellent methodology and process Vendor .No. 2 -Pricing • Supplemental information after proposal submittal included price, which was hiaher than vendor #1 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: General Liability Claim Third Party Administrator SERVICE DESCRIPTION: Provide General Liability Claim Administration. VENDOR: Vendor #3 OVERALL RANKING: 3 SUBJECT MATTER EXPERTS/RATERS: 1. City of H.B. RiskManager2. City of H.B. Senior Risk Management Analyst 3. City of Huntington Beach Risk Management Specialist 4. City of Huntington Beach Senior Deputy City Attorney I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: 67% Vt:N[)OR No. 2 -Minimum Qualifications Review Total Weighted Maximum Criteria Score Score Compliance with RFP 85 100 Understanding of the Project 425 500 Recent Experience 350 500 Clarity 150 200 Price 150 500 References 180 200 Total I 1340 I 2000 II. DUE DILIGENCE REVIEW • lnteNiew Ranking: 3 (vendor 1 and vendor 2 were tied for 1st place ranking) Vendor No •. 3 ,. Summary of Review • Directly and clearly addressed RFP requirements • Included examples of methodology with clients, including results of those practices • Excellent methodology and process Vendor No. 3. -Pricing • Their price was the highest of all submitted ro osals, almost double the bud eted amount City of Huntington Beach File #:21-219 MEETING DATE:3/15/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Chris Slama, Director of Community & Library Services Subject: Approve a recommended Action Plan and authorize execution of Amendment No. 1 to the Contract between the City of Huntington Beach and Soundskilz, Inc., for the 2021 4th of July Celebration in light of the ongoing COVID-19 pandemic Statement of Issue: The annual Huntington Beach 4th of July Celebration, including the parade, fireworks show, and pier festival, is an iconic experience and beloved tradition here in the community. Planning for this year’s event has been heavily influenced by the ongoing effects of the COVID-19 pandemic. Social distancing, limited attendance, and other restrictions may still be in effect come early July. In addition, widespread negative economic impacts are creating difficulties in securing previous financial partnerships, as well as the ability to attract new sponsorships. City staff, the Fourth of July Executive Board, and contractors have discussed modifications to the traditional 4th of July Celebration for City Council consideration in order to adapt to current COVID-19 related guidelines and challenges. Financial Impact: No additional appropriations are needed in order to approve the recommended action. Should the City Council approve moving forward with the recommendation, a reimbursable deposit of $26,000 will be required to reserve the fireworks display, along with $6,000 for the 5K run. Reimbursement is anticipated upon final reconciliation of revenues and expenses of the 2021 event at the earliest or no later than the traditional 2022 4th of July celebration. Recommended Action: A) Direct staff to proceed with a modified version of the traditional 4th of July Celebration , as approved by the Fourth of July Executive Board, to include a neighborhood parade, home decorating contest, Pier Plaza Festival, modified 5K run, and fireworks show; and , B) Approve and authorize the Mayor and City Clerk to execute “Amendment No. 1 to Professional Services Contract Between the City of Huntington Beach and Soundskilz, Inc. for the Production and Management of the Annual Fourth of July Celebration.” City of Huntington Beach Printed on 3/10/2021Page 1 of 3 powered by Legistar™ File #:21-219 MEETING DATE:3/15/2021 Alternative Action(s): Do not approve recommended actions A and B and direct staff accordingly. Analysis: Because of the expected challenges of the COVID-19 pandemic, coupled with the City’s commitment to preserving public health and safety, the Fourth of July Executive Board (Board) unanimously approved for City Council consideration a modified plan for the 2021 4th of July Celebration (Celebration) at their meeting on March 3, 2021. As proposed by staff and consultant Soundskilz, Inc. (Soundskilz), the recommended alternative Celebration includes a neighborhood parade, home decorating contest, Pier Plaza Festival, and a modified 4th of July 5K run. Since all components of this adapted celebration are permissible under current state and county COVID-19 guidelines, it appears likely they will still be allowed this summer, providing a fiscally and socially responsible direction for the Celebration. The neighborhood parade component enables the Celebration to maintain the City’s historical record of presenting a parade 118 years in a row and provides parade access to the community, while adhering to all potential restrictions concerning social distancing and mass gatherings. The parade would be expanded upon from the 2020 concept and would include creative ways for potential sponsors to be involved. Several different parade routes would allow the reach of the parade to extend to a vast majority of the Huntington Beach community. Additionally, an enhanced Pier Plaza Festival (outdoor marketplace) will include an expanded footprint of vendors to help raise funds for the 2021 and 2022 celebration. The modified 5K run would include staggered start times over multiple days on a pre-designed course at Huntington Central Park. In addition, a virtual race component would allow participants to compete on their own time and comfort level. With safety measures in place, as well as the use of existing park space for the course, costs for the run can be kept to a minimum to ensure a fiscally sustainable and authentic 5K experience. The home decorating contest is an additional way for the community to remain involved in celebrating the 4th of July. As in 2020, the 2021 contest would include homes and businesses city-wide, and would encourage a larger cross-section of the community to participate. The proposed plan also features a fireworks show over the pier. Due to the social and fiscal uncertainties regarding the COVID-19 pandemic, the fireworks show is the most tentative element of this year’s celebration. As also discussed at the March 3, 2021 Board meeting, limitations placed on this year’s Celebration due to COVID-19 guidelines may not allow the necessary revenue streams to fund prepaid deposits for a traditional fireworks display and 5K run. That said, staff is recommending City Council approval City of Huntington Beach Printed on 3/10/2021Page 2 of 3 powered by Legistar™ File #:21-219 MEETING DATE:3/15/2021 of Amendment No. 1 to the Professional Services Contract between the City of Huntington Beach and Soundskilz, Inc. (Attachment #1). This amendment would allow the City and Soundskilz to mutually agree in writing that the City may directly pay certain approved prepaid vendor expenses and/or deposits. Soundskilz would be required to include such expenses paid by the City in its budget reconciliations, and repay the City from revenues/profits of the Celebration. Specifically, in order to reserve fireworks services for this year’s event, a non-refundable 50% deposit of $26,000 is due by May 1, 2021, as well as a $6,000 deposit for the 5K run. Due to the limited available funds and lack of revenue and sponsorships, there is a need for the City to advance the deposits directly to the fireworks and run vendors to ensure these elements are included in the Celebration plans. Per the proposed contract amendment, Soundskilz will reimburse these amounts to the City, pending a true-up of revenues and expenses following the 2021 Celebration. Staff and Soundskilz anticipate that the revenue from the Pier Plaza Festival and modified 5K run will cover the expenses of the fireworks show and run completely. Should the net revenue generated from the 2021 Celebration prove to be insufficient to cover the deposits advanced, the amounts would be reimbursed to the City following a return to a traditional Celebration in 2022. Finally, if the City be mandated to cancel the fireworks display due to COVID-19 restrictions, the $26,000 advanced for the fireworks show would be applied to the 2022 Celebration, thus limiting the City’s financial exposure. Should City Council approve both recommendations as proposed, staff will begin working immediately with the Board and Celebration contractors to finalize and implement the new plan and corresponding budget. Environmental Status: Not applicable. Strategic Plan Goal: Community Engagement COVID-19 Response Attachment(s): 1. Professional Services Contract Amendment No. 1 between the City of Huntington Beach and Soundskilz, Inc. 2. Professional Services Contract between the City of Huntington Beach and Soundskilz, Inc. City of Huntington Beach Printed on 3/10/2021Page 3 of 3 powered by Legistar™ AMENDMENT NO. 1 TO PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SOUNDSKILZ, INC. FOR PRODUCTION AND MANAGEMENT SERVICE OF THE ANNUAL FOURTH OF JULY CELEBRATION THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY," and Soundskilz, Inc., hereinafter referred to as "CONTRACTOR." WHEREAS, CITY and CONSULTANT are parties to that certain agreement, dated November 16, 2020 entitled "Professional Services Contract Between the City of Huntington Beach and Soundskilz, Inc., for Production and Management Service of the Annual Fourth of July Celebration" which agreement shall hereinafter be referred to as the "Original Agreement," and CITY and CONTRACTOR wish to amend the Original Agreement to clarify CONTRACTOR and CITY responsibilities; NOW, THEREFORE, it is agreed by CITY and CONTRACTOR as follows: 1. SCOPE OF SERVICES Exhibit A is hereby amended as follows: CONTRACTOR and CITY may mutually agree in writing that the CITY may directly pay ce1tain approved vendor expenses and deposits related to the Event (Vendor expenses prepared by City). In such case(s), CONTRACTOR shall include the CITY payment(s) in its Event budget reconciliations and repay the CITY any CITY paid Vendor expense(s) prepared by the CITY from net revenue/profits of the Event. Such repayments shall be made as part of 21-9438/247060 CONTRACTOR'S normal audit and reconciliation procedw·es, as described in the Services Contract. 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this agreeme nt to be executed by their authorized officers on ______________ , 2021. CONTRACTOR, SOUNDSKILZ, INC., a corporation By:_9JQJ______;_~--=------ Stephen Clayton print name ITS: (circle one) Chairma~ice Presid ent AND By:._9JQJ_~---- Stephen Clayton print nam e ITS: (circle on~hiefFinaneial Officer/Asst. Secretary -Treasurer 2 l-9438/247060 2 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Director/Chief -----------~ (Purs uant To HBMC §3.03.100) APPROVED AS TO FORM: Date --------------- RECEIVE AND FILE: City Clerk Date --------------- PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SOUNDSKILZ , INC . FOR PRODUCTION AND MANAGEMENT SERVICE OF THE ANNUAL FOURTH OF JULY CELEBRATION THIS AGREEMENT ("Agreement") is made and e ntere d int o by and between t he City of Huntington Beach , a municipal co rporation of the State of Californ ia , he reinafter referred to as "CITY", and Soundsk ilz , Inc., a co rporation, hereinafter referred to as "CONTRACTOR". WHEREAS , CITY desires to engage the services of a CONTRACTOR in pro d ucing the 2021, 2022, and 2023 Fourth of Jul y Celebration ; and Pursuant to documentation on file in the office of the Cit y Cle rk, the p rovisions of the Huntington Beach Municipal Code , Chapter 3 .03, relating to procu rement of professional service contracts have been complied with; and CONTRACTOR has been selected to perform these se rvi ces, NOW, THEREFORE , it is agreed by CITY and CONTRACTOR as follows : 1. SCOPE OF SERVICES CONTRACTOR shall provide all services as described in Exhibit "A", which is attached hereto and incorporated into this Agreement by this reference . T hese services shall sometimes hereinafter be referred to as the "PROJECT." CONTRACTOR hereby designates Steven Clayton , who shall represent it and be its sole contact and agent in all communications with C IT Y and CONTRACTOR during the performance of this Agreement. 1 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONTRACTOR in the performance of this Agreement. 3 . TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The serv ices of CONTRACTOR .. /' 1h... .<.o:u> are to commence on /Vdlt!m/:er /Ip (the "Commencement Date "). This Agreement shall automatically terminate three (3) years after commencement on September 1 , 2023, unless extended or sooner terminated as provided herein. Upon mutual agreement by both parties , the Agreement may be extended up to two (2 ) 1-year terms. All tasks specified in Exhibit "A" shall be completed on or before Ju ly 4 of each year in 2021, 2022 , and 2023 . The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A". This schedule may be amended to benefit the project if mutually agreed to in writing by CITY and CONTRACTOR. In the event the Commencement Date precedes the Effective Date, CONTRACTOR shall be bound by all terms and conditions as prov ided herein. 4 . . COMPENSATION In consideration of the performance of the services described herein , CITY agrees to pay CONTRACTOR a fixed Fee in quarterly installments as specified in Exhibits "B", which is attached hereto and incorporated by reference into th is Agreement. The Fee, including all costs and expenses , not to exceed -SIXTY-EIGHT THOUSAND, THREE HUNDRED DOLLARS ($68,300) in 2021 ; SEVENTY-TWO THOUSAND , SEVEN HUNDRED DOLLARS ($72 ,700) in 2022; and SEVENTY-SEVEN THOUSAND , FOUR HUNDRED ($77,400) in 2023. Compensation for CONTRACTOR and CITY shall also include additional revenue opportunities as specified in Exhibit "B". 2 5. EXTRA WORK In the event CITY requires addit ional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A", CONTRACTOR will undertake such work only aft er receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained . 6 . METHOD OF PAYMENTS CONSUL TANT agrees that title to all materials prepared hereunder, including , without limitation , all original drawings , designs, reports , site plans , vendor lists , sponsor contracts and agreements, parade entry contact information , timelines, runner and volunteer databases, service prov ider invoices and contact information, parade scripts, web domains , login and passwords for websites and social media accounts , maps/routes, memoranda, letters, spreadsheets , and other documents, shall belong to CITY, and CONSUL TANT shall turn these materials over to CITY immediately upon request, or upon expiration or termination of this Agreement , or upon completion of PROJECT, whichever shall occur first. These materials may be used by CITY as it sees fit. 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSUL TANT agrees that title to all materials prepared hereunder, including , without limitation, all original drawings , des igns, reports, site plans, vendor lists , sponsor contracts and agreements, parade entry contact information , timelines, runner and volunteer databases, service provider invoices and contact information , parade scripts , web domains, login and passwords for websites and social media accounts , maps/routes , memoranda, letters, spreadsheets, and other documents , shall belong to 3 CITY , and CONSUL TANT shall turn these materials over to CITY immediately upon request, or upon expiration or termination of this Agreement, or upon complet ion of PROJECT , whichever shall occur first. These materials may be used by CITY as it sees fit . 8 . CONTINGENCY ALLOWANCE CITY shall provide a Contingency Allowance of no more than TEN- THOUSAND DOLLARS ($10,000) to cover variat ions that may occur in the expected va lues of elements of cost or schedule , however, do not apply to scope or quality . City must preapprove at its sole discretion any Contingency Allowance . 9 . HOLD HARMLESS CONTRACTOR hereby ag rees to protect , defend , indemnify and hold harmless CITY , its officers, elected or appointed offi ci als , employees , agents and volunteers from and against any and all claims, damages, losses, expenses , judgements, demands and defense costs (including , without limitation , costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONTRACTOR's (or CONTRACTOR 's sub -contractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obl igations contained in this Agreement by CONTRACTOR , its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONTRACTOR w ill conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable . The policy limits do not act as limitation upon the amoun t of indemn ificat ion to be provided by CONTRACTOR. 4 10 . PROFESSIONAL LIABILITY INSURANCE CONTRACTOR shall obtain and furnish to CITIY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONTRACTOR's professional liability in an amount not less than One Million Dollars ($1,000 ,000 .00) per occurrence and in the aggregate . The above-mentioned insurance shall not contain a self-insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONTRACTOR shall notify CITY of circumstances or incidents that might give rise to future claims . CONTRACTOR will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT complet ion . If insurance is terminated for any reason, CONTRACTOR agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONTRACTOR fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election , to forthwith term inate this Agreement. Such termination shall not affect CONTRACTOR's right to be paid for its time and materials expended prior to notification 5 of termination . CONTRACTOR waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY . 11. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall : A. provide the name and policy number of each carrier and policy ; B. state that the policy is currently in force; and C. promise that such policy shall not be suspended , voided or canceled by either party , reduced in coverage or in limits except after thirty (30) days' prior written notice ; however, ten (10) days' prior written notice if the event of cancellation for nonpayment of premium. CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by City. The requirement for carrying the forgoing insurance coverage shall not derogate from CONTRACTOR's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required . 12 . INDEPENDENT CONTRACTOR CONTRACTOR is , and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY . 6 CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes , social security, state disability insurance compensation , unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 13 . TERMINATION OF CONTRACT A. CITY may terminate this Agreement without cause , effective after 30 days' prior written notice to CONTRACTOR ("Notice Period"). In the case of termination without cause : (i) CITY shall release CONTRACTOR from all obligations under this contract, and shall assume full liability for all existing vendor, subcontractor, supplier, sponsor, talent and venue contracts that have been entered into as part of the Event and previously approved by CITY; (ii) CONTRACTOR shall be entitled to payment for the current PROJECT year up until the date of termination and shall be paid the outstanding balance of the fee within seven (7) days of receiving a final invoice detailing work completed . CONTRACTOR shall also be entitled to retain all commissions earned through the sales of CITY-approved sponsorships prior to the date of termination, and , in the case of multi-year sponsorship agreements , CONTRACTOR may retain said commissions, however, the City shall not be responsible for the payment thereof. . 7 .(iii) CONTRACTOR shall deliver an audit report to CITY detailing the status of the PROJECT budget and all accounts payable/receivable, and transfer t he balance of all funds held on behalf of CITY, less applicable sponsor commissions due to the CONTRACTOR, to CITY's designated fiduciary or account no later than the conclusion of the Notice Period . (iv) CONTRACTOR shall work amicably with CITY to effectively transfer all PROJECT commun ications , contacts, materials and operations to CITY -designated agents and assignees . 14. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the wo rk hereunder shall not be assigned, delegated or subcontracted by CONTRACTOR to any other person or entity without the prior express written consent of CITY. If an ass ignment, delegation or subcontract is approved, all approved assignees , delegates and sub-contractors must satisfy the insurance requirements as set forth in Section 9 and 1 O hereinabove . 15 . COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyrig ht on any work, item or material produced as a result of this agreement. 16 . CITY EMPLOYEES AND OFFICIALS CONTf3ACTOR shall employ no CITY official nor any regular CITY EMPLOYEE IN THE WORK· PERFORMED PURSUANT TO THIS Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of th e California Government Code. 8 17 . NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designed in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid , and depositing the same in the United States Postal Service , to the addresses specified below. CITY and CONTRACTOR may designate different addresses to which subsequent notices , certificates or other communications will be sent by notifying the other party via personal delivery , or reputable overnight carrier or U.S. certified mail-return receipt requested : TO CITY : City of Huntington Beach ATTN: Oliver Chi 2000 Main Street Huntington Beach , CA 92648 18. CONSENT TO CONTRACTOR: Soundskilz, Inc . ATTN : Steven Clayton 39444 Calle Portillo Temecula, CA 92592 When CITY's consent/approval is required under this Agreement , its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other t ransaction or event. 19. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties . 20 . SECTION HEADINGS The titles, captions, section, paragraph and subject headings , and descriptive phrases at the beginning of the various sections in th is Agreement are merely descriptive and are included solely for convenience of reference only and are not 9 representative of matters included or excluded from such provisions , and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or .... interpretation of any provision of this Agreement. 21. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole , according to its fair meaning, and not strictly for or aga inst any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void , illegal or invalid , such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provis ion shall be deemed dependent upon any other unless so expressly prov ided here . As used in th is Agreement , the masculine or neuter gender and singular or plu ral number shall be deemed to include the other whenever the context so indicates or requires . Nothing contained herein shall be construed so as to require the comm ission of any act contrary to law, and wherever there is any conflict between any provision co ntained here in and any present or future statute, law, or ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this agreement which is hereby affected shall be curtailed and limited only to .the extent necessary to bring it within the requirements of the law. 22 . DUPLICATE ORIGINAL The original of this Agreement and one o r more copies hereto have been prepared and signed in counterparts as duplicate originals , each of wh ich so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as aga inst any party who has signed it. 10 23. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification . 24 . LEGAL SERVICES SUB-CONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services e xpenses incurred by CONTRACTOR. 25. ATTORNEY'S FEES In the event suit is brought by either party to construe , interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-preva iling party. 26 . SURVIVAL Te rms and conditions of this Agreement , which by their sense and conte xt survive the expiration or termination of the Agreement, shall so survive . 27. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 11 28 . SIGNATORIES Each undersigned represents and warrants that its signature herein below has the powe r, authority and right t o bind the ir respective part ies to each of the terms of this Agreement , and shall indemn ify CIT Y fully for any injuries or damages to CITY in the event that su c h authority or power is not, in fact , held by the signatory or is withdrawn . 29 . ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm 's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreemen t. The parties also acknowledge and agree that no representat ions, indu cements , promises , agreements or warranties, oral or ot herwise , have been made by that party o r anyone act ing on the party's behalf, which are not embodied in this Agreement , and that party has not executed this Agreement in reliance on any representat ion, inducement, promise , agreement, warranty , fa ct or circumstance not e xpressly set forth in this Agreement. Th is Agreement, and the attached exhibits , contain the entire agreement between the parties respe cting the subject matter of this Agreement, and supersede all prior understandings and agreements whethe r o ral or in writing between the parties respecting the subject matter hereof. 30 . EFFECTIVE DATE This agreement shall be effective on the date of its approval by the City Attorney . This Agreement shall e xpire when term inated as provided herein . 1 2 IN WITNESS WH ERE OF, th e parties hereto have caused this Agreemen t to be exec uted by and through th eir autho rized officers . CONTRACTOR , SOUNDSKI LZ. INC, a corporation pr1nt name ITS : (circle one) Chal~ce President AND By: .L ,.. ..,;_ l "W CITY OF HUN TI NGTO N BEAC H, a mun icipa l corporation of the Stat e or Ca li forn ia __________ Di re ct or/Chief (Pursuant lo HBMC 3.03.100) APPROVED AS TO FORM : ?',.U.City AttG y -Dat e: ------------ 5'f£-;-)u_..,. C k-v b" r print rwme ----- ITS: {circle Olio) Secreta ~ef Financi al Oftl~ RECEIVED AND FILE : Seaetary -Treasurer Ci ty Clerk Date:------------ COUNTERPART 13 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers . CONTRACTOR, SOUNDSKILZ, INC, a corporation print name ITS: (circle one) Chair/Presiden!Nice President AND print name ITS: (circle one) Secretary/Chief Financial Officer/ Secretary -Treasurer CITY OF HUNTINGTON BEACH , a municipal corpor · n of the State of California (Pursuant to HBMC 3.03 .100) Mayor APPROVED AS TO FORM: Date: ------------- RECEIVED AND FILE : City Clerk ~ Date : II /17/<!J.<O COUNTERPART 13 EXHIBIT "A" CONTRACTOR SCOPE OF SERVICES SOUNDSKILZ, INC. A. STATEMENT OF WORK: The CONTRACTOR is required to attend planning meetings with the BOARD and CITY staff as needed. CONTRACTOR shall assume responsibility, in conjunction with the CITY and the BOARD for all planning; sponsorship procurement; music and entertainment procurement; sub-contractor management; volunteer development; pre-, day-of, and post-event public I media relations ; pre-, day-of, and post-event production and management; and all other facets of event production and management. Of note, del iverables must communicate the CITY's message of "family-friendly"' events and activities . B. CONTRACTOR'S DUTIES AND RESPONSIBILITIES : In general , CONTRACTOR will provide or sub-contract the follow ing services. These services are general in nature and are not all-inclusive of the duties and responsibilities of the CONTRACTOR. Research & Monthly Planning • Legacy review of prior Event years to ascertain and evaluate best practices , budget history and preferred vendor relationships ; • Conduct surveys of previous Event partners to solicit feedback and identify key success elements; Attend and contribute to month ly Fourth of July Executive Board meetings ; Marketing & Sponsorship Develop and manage omni-channel online/social, OOH and print marketing campaign concepts and fulfillment ; • Review overall Event sponsorship program and recommend strategies and activations to maximize revenue potential ; 14 Solicit, negotiate and implement/manage all BOARD- approved sponsorship contracts; Financial Planning Develop a comprehensive Event budget for approval by the CITY; Manage all Budget and Scope changes as required to deliver the Event within the approved budget; Manage, collect and securely hold all sponsorship , booth sales, donations, food, beverage , merchandise cash receipts collected during the Event, and other forms of revenue; Settlement of all vendors and invoices within the Scope of Services; • Reconciliation of budgets and weekly/monthly financial reporting to the CITY as requested; Produce a final audit and settlement of all revenues and expenses after the completion of the Event; Parade Planning Develop/distribute parade application ; Assist BOARD with parade entries selection; Develop parade info/FAQ for participants and distribute to all attendees; Coordinate logistics , security, route closures & equipment needs with City Staff and departments; Oversee media credentialing and coverage opportunities with media affiliates and approved media outlets; Develop parade scripts for announcers; • Oversee parade line-up, staging and disbanding; Secure and setup adequate VIP area staging and seating, and required AV production elements for parade coverage/announcers; Festival/Pier Planning Develop/distribute vendor application; 15 • • • • • Develop logistics diagram, assign vendor booth spaces and oversee staging/AV setups for enterta inment; Solicit and confirm entertainment program ; Develop volunteer program and recruit vo lunteers ; Coordinate board member and volunteer assignments; Coordinate security and logistical planning with CITY Staff and departments; Fireworks Planning • Oversee RFP process to award fireworks disp lay contract; • Oversee and manage winning bidder for ex ecution of all deliverables; Coordinate security and logistical planning with CITY Staff and departments ; Develop/approve musical programming and secure all required licensing/clearances; • Run Event Planning • Oversee subcontractors and/or provide primary run program management; • Manage t-shirt, runner medals and branded merchandise program ; Coordinate event marketing a nd oversee/develop runner registration; Provide professional timing services and runner resu lts ; Coordinate logistics, route planning , safety and street closures with City Staff and departments ; • Coordinate runner's e x po event if so authorized as part of final Event budgeUscope ; "Block Party" (July 3 of each year during Term ): Be responsible for all planning phases of Bloc k Party Coordinate sponsor recognition 16 • Develop a production schedule for Block Party and provide information to CITY and the BOARD in a timely manner Solicit donations for Block Party Book entertainment for Block Party Operate auction for Block Party Secure venue or location for Block Party Coordinate Food & Beverage for Block Party • Develop a comprehensive budget for Block Party • Manage all budget and scope changes as required to deliver Block Party within the approved budget • Manage , collect and securely hold all income from Block Party sponsorship sales , vendor/exhibitor booth sales , donations, raffle ticket and live/silent auction sales, merchandise sales and all other forms of revenue collected during Block Party • Settlement of all Block Party service provider fees and invoices within the Scope of Service Reconciliation of budgets and provide weekly/monthly financial reporting of Block Party to CITY as requested Produce a final audit and settlement of all revenues and expenses after the completion of Block Party • Collaborate with other contractors, consultants , and vendors CITY may hire in the course of presenting the event. • Specific Event Permit -CONTRACTOR shall apply for and obtain a City of Huntington Beach Specific Event Permit in accordance to Municipal Code 13.54 . Specific Event Permit fees to be waived by CITY. 17 C. CITY'S DUTIES AND RESPONSIBILITIES: 1. CITY will designate a staff liaison through the Director of Community Services and any change in that person will be noticed in writing . 2 . CITY shall provide meeting rooms for meetings , when available, at no cost to CONSUL TANT or CONTRACTOR. 3. CITY will assist with promotion and marketing of the event through social media , placing information on the CITY's website , and allowing promotional materials to be placed in City Hall and community facilities , such as community centers and libraries . 4 . The CITY 's staff liaison will work with CONSUL TANT and CONTRACTOR on providing a VIP and dign itary list. D . WORK PROGRAM/PROJECT SCHEDULE : 1. Work shall commence upon execution of the agreement by both parties and approval by the City Council of the City of Huntington Beach. 2. All tasks specified in Exhibit "A" shall be completed on or before July 4 of each year in 2021 , 2022 , and 2023 . 3. Th is schedule may be amended to benefit the project if mutually agreed to in writing by CITY and CONSULTANT . 4. In the event the Commencement Date precedes the Effective Date, CONSUL TANT shall be bound by all terms and conditions as provided herein . 5. CITY shall apply for and obtain Caltrans street closure permits . 18 EXHIBIT "B" Payment Schedule (2021-$68,300; 2022-$72, 700; 2023-$77,400) 1. CONSUL TANT shall be entitled to monthly quarterly installment payments toward the fixed Fee set forth herein in accordance with the following progress and payment schedules . Upon submission of any invoice , if CITY is satisfied that CONTRACTOR is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve and process the appropriate installment payments, within thirty (30) days of receipt of said invoice by CITY . Such approval shall not be unreasonably withheld. If CITY does not approve an invoice , CITY shall notify CONTRACTOR in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONTRACTOR is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein . Such invoices shall: A) Reference this Agreement; B) Describe the services performed ; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONTRACTOR's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed . 2. CONTRACTOR shall use the Fourth of July Fee Schedule as included in the City Council approved Master Fee and Charges Schedule , Community Services- Charges , Resolution #2019-87, and any subsequently updated Fee Resolution during the Term of the Agreement: 3 . Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of 19 the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested , and if CITY is satisfied that the statement of hours worked and costs incurred is accurate . Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement . 1. BUDGET, FEES & TERMS OF PAYMENT a. CONTRACTOR shall provide the Services described herein for a Fee of SIXTY-EIGHT THOUSAND THREE HUNDRED DOLLARS ($68,300 .00) during the first year of the Agreement. For each subsequent year during the Term related to the 2022 and 2023 Events , the Fee shall be increased by 7.5%, respectively . b. The Fee shall be paid to CONTRACTOR in in stallments during the first year of the Agreement as follows: (i) 50% due upon execution of Agreement; (ii) 16 .66% due no later than Feb 1, 2021 ; (iii) 16.66% due no later than April 15, 2021 ; (iv) 16 .66% due no later than July 10, 2021; c. The Fee for each subsequent year in the Term , related to the 2022 and 2023 Events , shall be due with a 50 % first installment and th ree (3), 16.66% installments every 90 days , with the first payment due on September 1, 2021 and 2022. d . In addition to the Fee, CONTRACTOR shall be eligible to earn additional co mpensation as follows: (i) 10% commission on sponsorship contracts originated by CONTRACTOR up to the first $50 ,000 in aggregate cash value of such contracts ; 15% commission for sponsorship amounts above $50,000; (ii) CONTRACTOR may pro v ide subcontractor services required for the Event that are within CONTRACTOR 's direct capabilities, provided that CONTRACTOR cha rge competitive 20 market rates for such services and provide advance disclosure to the CITY of the areas in which it intends to prov ide the services . e. In consultation with the CITY, CONTRACTOR will develop an initial Budget Estimate for the entire Event to be submitted for adoption by CITY and BOARD no later than 14 days after completion of the Legacy Review. f. During the Term, CONTRACTOR shall notify the CITY of any anticipated or known material increase to the EVENT Budget , defined as any change due to an individual line item or group of related items which change in price for any reason , increase the EVENT Budget by more than $5 ,000.00 and represent an unfunded budget expense against known revenues . The CITY shall have 72 hours from receipt of notice to approve, modify or cancel the relevant Scope of Work related to the material increase. Failure of the CITY to modify or cancel the relevant scope of work within the notice period shall constitute approval of the material increase and financial obl igations associated therewith . g. From time to time , the CITY may request changes to the Scope of Work or Services, which must be submitted to CONTRACTOR in writing, at which time CONTRACTOR shall provide the CITY with a written analysis and financial estimate as soon as is reasonably possible, detailing the costs and feasibility of the CITY request. The CITY request shall not become binding upon CONTRACTOR nor be included in the Services , unless and until the CITY approves the financial estimate and revenue allocation recommended by CONTRACTOR, and CONTRACTOR certifies the request as feasible within the Scope of the Services . h. CONTRACTOR shall operate and maintain a special purpose ded icated checking account for the EVENT, and make all deposits and payments related to the EVENT using the dedicated account. The CITY shall be granted access to the account for reporting/audit purposes and furnished with copies of each monthly statement from the account. 21 i. CONTRACTOR shall maintain copies of all purchase orders , invoices, contracts, receipts , deposits and expenses paid on behalf of the EVENT and prov ide CITY with copies of same. j . All payments due to CONTRACTOR are to be made by wire transfer or direct deposit. 22 :t -~ SOUNENT-01 CHANnRAPESKIN ACORD~ CERTIFICATE OF LIABILITY INSURANCE I DATE (M MIDDIYYYY) ~ 11/13/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have A DDITIONAL INSURED provision s o r be en do rsed . If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require a n endorsement. A s tatement on this certificate does not confer rlahts to tho certificate holder In lleu of su ch ondorsomont(s). . PRODUCER Sl?lii~cT Denise Reeder NFP Proport~ & Casualty Service s, Inc. rA'J8~rfo Exth (806) 537·0146 I r..e~. Nol :(806) 579-1916 2460 Tana S reet Simi Va loy, CA 93063 ~:w..t!>ftft , Denlse.Reeder@ nfp.com INSUR ERISI AFFORDING COVERAGE NAIC# INSURER A · Hartford Insurance Comoanv of the Midwest 37478 INSU RED INSURER e , Hartford Underwrite rs Insurance Comoanv 30104 Soundskllz Entertainment, Inc. 1N sURERc ·Hartford Fire Insurance Comn11nv 19682 41666 Che r ry St., Ste. I INSU RER D • Murrieta, CA 92662 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLI CIES OF INSURAN CE LI STED BELOW HAVE BEEN ISSUED TO THE INSURED NAM ED ABOVE FOR THE POLICY PERI OD IN DICATE D. NOTWI TH STANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHIC H THIS CERT IFICATE MAY BE ISS UED OR MAY PERTAIN, THE INSURANCE AFFO RDE D BY THE POLICI ES DESCRIBED HERE IN IS SUBJECT TO AL L TH E TERMS, EXCLUSIONS AND CO NDITI ONS OF SUCH PO LI CIES. LIMITS SHOWN MAY HAVE BEE N RE DUC ED BY PAI D CLAIMS. I~~~ TYPE OF INSURANCE ,~.i;>,,o~ .w.~ POLICY NUMBER .f.!)LICY EFF .f.9LICY ex~ LIMITS A x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s 1,000,000 ,___ 0 ClAIMS·MADE 0 OCCUR -72UUNC07349 9/1 7/2020 9/1 7/2021 R~b~'aJ<f.,~ENTED s 300,000 -MED EXP /Anu one oersonl s 10,000 -PERSONAL & ADV INJURY s 1,0 00,000 ~'LAGGRELJE LIMI T APPLI ES PER: GENERAL AGGREGATE s 2,0 00,000 POLICY ~f8i D LOC PRODUCTS -Crll..IPJOPAGO s 2,000 ,000 OTHER: s B ~TOMOBILE LIABILITY rcq1°1~l\"'J.~~1 ~1NGLE LJM IT s 1,000,000 -ANY AUTO 72UUNCD7349 9/1 7/2020 9/17/2021 BODILY INJURY IPer oersonl s OWNED -iC~DULE D AUTOS ONLY -uos BODILY INJURY IPeracctdentl s x ~!J\WsONLY x ~ar0<§~~ r~9~.!J.Wn1~AMAGE s -- s UMBREL LA LIAB HOCCUR EACH OCCURRENCE s -EXC ESS LIAB CLAIMS·MADE AGGREGATE s OED I I RETENTION$ s A WORKERS COMPENSATION x I ~¥~11T1= I I g~H-AND EMPLOYERS' LIABILITY y IN 72WEAH4NYN 10/212020 10/2/2021 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L. EArt.• ACCIDENT s &l'.Fl~E~IM~MB fN EXCLUDED? NI A 1,000 ,000 en a ory n N ) E.L DISEASE · EA EMPLOYEF s II iea describe under D SCR IPTI ON OF OPERATI ONS below EL. DISEASE· POLI CY LIMIT $ 1,000,000 c Equipment Floater/Co 72UUNCD 73 49 9/1 7/2020 9/17/2021 L imit 600 ,000 c Equipment Floater/Co 72UUNCD7349 9/1 7/20 20 9/1 7/2021 Oeduotlble 2,600 DESCRIPTION OF OPERATIO NS I LOC ATIONS I VEHI CLES (ACORD 101 , Addltl onal Remark& Sched ul e, may ba attach ed ff more opaco Is fllqulred~ · . A PROVED AS TO FORM City of Huntington Be ac h 2000 Main Street Huntington Bea ch, CA 92648 ACORD 25 (201 6/03) c By :\~ Co\ MICHAEL E. GATE S CITY ATTORNEY CITY OF HU NTINGTON BEACH ON SHOULD ANY OF TH E ABOVE DESCRIBED PO LICIE S BE CAN CE LLED BEF ORE · THE EXPIRATION DATE THEREOF, NO TICE WIL L BE DELIVER ED IN ACCO RDANCE WITH THE POLI CY PROVISION S. AUTHORIZED REPRESENTATIVE ,Ii'...,.,/ ,r;;::Z © 1988 -2016 ACORD COR PORAT ION . All rights reserve d . Th e A CORD nam e a nd logo are registe red marks of ACORD AGENCY CUSTOMER ID: SOUNENT-01 CHANDRAPESKIN ------------------LO C #: 1 ------- ADDITIONAL REMARKS SCHEDULE AGENCY NFP Property & Casualty Services, Inc. POLICY NUMBER SEE PAGE 1 CARRlER I: NAICCODE SEE PAGE 1 SEEP 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 26 FORM TITLE: Cortrnoato of Llablllly Insurance Certificate Liability Remarks CONTRACTUAL INSURANCE REQUIREMENTS NAMED INSURED Soundskllz Entertainment, Inc. 41655 Cherry S?i Ste. I Murrieta, CA 92 62 Riverside EFFECTIVE DATE: ~S::S:: DA~F 1 Page 1 of 1 The attached Certificate of insurance Is provided as part of our service to our client, the Insured. If special endorsements have been provided, they also are Indicated attached. You may find that these documents do not comply with all the terms and conditions of the underlying contract between the Certificate Holder and the Insured due to the Insurance company's Insuring conditions , · limitations,, exclusions and other terms. If you have any questions, please contact the undersigned. NFP P&C . CA LICENSE #OF16715 2450 TAPO ST SIMI VALLEY, CA 93063 TELEPHONE : (805) 679-1900 FAX: (805) 579-1916 Hired Auto Phsylcal Damage Limit -$100,000 -ACV Collision Deductible • $1 ,000 Comprehensive Deductible -$1,000 Additional Insured City of Huntington Beach The City of Huntington Beach, Its officers elected or appointed officials, employees, agemts and volunteers are Included as additional Insured as required by written contract or agreement but only as respect to operations of the named Insured per attached General Liability form HG00010916 and Auto Liability form HA99160312. General Llablllty coverage Is Primary and Non-Contributory per attached form HG00010916. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 4 Policy #72UUNCD7349 SECTION II "WHO IS AN INSURED 1. If you are designated In the Declarations as: a. An Individual, you and your spouse are Insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an Insured. Your members, your partners, and their spouses are also Insureds, but only with respect to the conduct of your business. c. A limited llablllty company, you are an Insured. Your members are also Insureds , but only with respect to the conduct of your business. Your managers are Insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, Joint venture or llmlted llablllty oompa1w, you are an Insured. Your "executive officers" and directors are Insureds, but only with respect to their duties as your officers or directors. Your stockholders are also Insureds, but only with respect to their llabllity as stockholders. e. A trust, you are an Insured . Youl' trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is ·also an Insured : a. Employees And Volunteer Workers Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than eith er your "executive officers" (If you are an organization other than a partnership, Joint venture or limited llablllty company) or your managers (If you are a limited llablllty company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these 11employees11 or "volunteer workers" are Insureds for: (1) "Bodlly Injury" or "personal and advertising Injury": (a) To you , to your partn ers or members (If you are a paiinershlp or joint venture), to your members (If you are a limited llablllty company), to a co-"employee" while In the course of his or her employment or perrormlng duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or that HG 00 01 0916 "volunteer worker" as a consequence of Paragraph (1 )(a) above ; (c) For which there Is any obligation to share damages with or repay someone else who must pay damages because of the Injury described In Paragraphs (1)(a) or (1)(b) above; or (d) Arising out of his or her providing or falling to provide professional health care services. If you are not In the business of providing professional health care services: (a) Subparagraphs (1)(a), (1)(b) and (1)(c) above do not apply to any "employee" or "volunteer worker" providing first aid services; and (b) Subparagraph (1)(d) above does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services. (2) "Property damage" to property: {a) Owned, occupied or used by, {b) Rented to , In the care, custody or control of, or over which physical control Is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (lf you are a pal'tnershlp or Joint venture), or any member (If you are a limited llabillty company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your rea l estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your properly if you die, but only: (1) With respect to llabillty arising out of the maintenance or use of that property; and (2) Until your legal representative has bee n appointed . d. Legal Representative If You Die Your legal representative If you die, but only w ith respect to duties as such . That representative will have all your rights and duties under this Coverage Part. e. Unnamed Subsidiary Any subsidiary, and subsidiary thereof, of yours which Is a legally Incorporated entity of which you own a flnanolal interest of more than 60% of the voting stock on the effective date of the Coverage Part. Page 11of21 Policy #72UUNCD7349 The Insurance afforded herein for any subsidiary not named In this Coverage Part as a named Insured does not apply to Injury or damage with respect to which such Insured Is also a named Insured under another policy or would be a named Insured under such policy but for Its termination or the exhaustion of Its limits of insurance. 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited llablllly company, and over which you maintain financial Interest of more than 50% of the voting stock, will qualify as a Named Insured If there Is no other similar Insurance available to that ' organization . However: a. Coverage under this provision Is afforded only untll the 180th day after you acquire or form the organization or the end of the policy period, whichever Is earlier; b. Coverage A does not apply to "bodily Injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising Injury" arising out of an offense committed before you acquired or formed the organization. 4. Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person Is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person Is also an Insured, but only with respect to llablllty arising out of the operation of the watercraft, and only If no other Insurance of any kind Is available to that person or organization for this liability. However, no person or organization is an Insured with respect to: a. "Bodily Injury" to a co-"employee" of the person operating the watercraft; or b. "Property damage0 to property owned by, rented to, In the charge of or occupied by you or the employer of any person who Is an Insured un'der this provision. 6. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The following person(s) or organizatlon(s) are an additional Insured when you have agreed, In a written contract, written agreement or because of a permit Issued by a state or polltlcal subdivision, that such person or organization be added as an additional insured on your policy, provided the Injury or damage occurs subsequent to the execution of the contract or agreement. Page 12 of 21 A person or organization Is an additional Insured under this provision only for that period of time required by the contract or agreement. However, no such person or organization Is an Insured under this provision If such person or organization Is Included as an insured by an endorsement Issued by us and made a part of this Coverage Part. a. Vendors Any person(s) or organlzatlon(s) (referred to below as vendor), but only with respect to "bodily Injury" or "property damage" arising out of "your products" which are distributed or sold In the regular course of the vendor's business and only If this Coverage Part provides coverage for "bodily Injury" or "property damage" In.eluded within the "products-completed operations hazard". (1) The Insurance afforded the vendor Is subject to the following additional exclusions: This insurance does not apply to: (a) "Bodily Injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of llablllty In a contract or agreement. This exclusion does not apply to llabllity for damages that the vendor would have In the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made Intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under Instructions from the manufacturer, and then repackaged In the original container; (e) Any failure to make such Inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, In connection with the distribution or sale of the products; (f) Demonstration, Installation, servicing or repair operations, except such operations performed at the vendor's premises In connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or Ingredient of any other thing or substance by or for the vendor; or HG 00 01 0916 Policy #72UUNCD7349 (h) "Bodily Injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of Its employees or anyone else acting on Its behalf. However, this excluslon does not apply to: (I) The exceptions contained In Sub- paragraphs (d) or (f); or (ii) Such Inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make In the usual course of business, In connection with the distribution or sale of the products. (2) This Insurance does not apply to any Insured person or organization, from whom you have acquired such products, or any Ingredient, part or container, entering Into, accompanying or containing such products. b. Lessors Of Equipment (1) Any · person(s) or organizatlon(s) · from whom you lease equipment; but only with respect to their liability for "bodlly Injury", "property damage" or "personal and advertising Injury" caused, in whole or In part, by your maintenance, operation or use of equipment leased to you by such person(s) or organlzatlon(s). (2) With respect to the Insurance afforded to these addillonal Insureds this Insurance does not apply to any "occurrence" which takes place after the equipment lease expires . c. Lessors Of Land Or Premises Any person or organization from whom you lease land or pre.mises, but only with respect to llablllly arising out of the ownership, maintenance or use of that part of the land or premises leased to you. With respect to the Insurance afforded these additional Insureds the following additional exclusions apply: This Insurance does not apply to: 1. Any "occurrence" which takes place after you cease to lease that land; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization . d. Architects, Engineers Or Surveyors Any architect, engineer, or surveyor, but only with respect to liability for "bodily lnjul)'", "property damage" or "personal and advertising Injury" caused, In whole or In part, by your acts or omissions or the acts or HG 00 01 0916 omissions of those acting on your behalf: (1) In connection with your premises; or (2) In the performance of your ongoing operations performed by you or on your behalf. With respect to the Insurance afforded these additional Insureds, the followin g additional exclus io n applies : This Insurance does not apply to "bodily Injury", "property damage" or "personal and advertising Injury" arising out of the rendering of or the failure to render any professional services by or for you, Including: 1. The preparing, approving, or falling to prepare or approve , maps , shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. supervis ol)', Inspection, architectural or engineering activities. This exclusion applies even if the claims against any Insured allege negligence or other wrongdoing In the supervision , hirin g, employment, training or monitoring of others by that Insured, If the "occurrence0 which caused the "bodily Injury" or "property damage", or the offense which caused the "personal and advertising Injury", Involved the rendering of or the failure to render any professional services by or for you . e. Permits Issued By State Or Political Subdivisions Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or polltlcal subdivision has issued a permit. With respect to the Insurance afforded these addltlonal Insureds, this Insurance does not · apply to : (1) "Bodily Injury", "property damage" or "personal and advertising Injury" arising out of operations performed for the state .or munictpality; or (2) "Bodily Injury" or "property damage" In cluded within the "products-completed operations hazard". f. Any Other Party Any other person or organization who Is not an additional Insured under Paragraphs a. through e. above, but only with respect to llablllty for "bodily injury11 , "property damage" or "personal and advertising Injury" caused, In whole or In part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations; Page 13 of 21 Policy #72UUN CD7349 (2) In connection with your premises owned by or rented to you; or (3) In connection with "your work" and Included within the "products-completed operations hazard", but only If (a) The written contract or agreement requires you to provide such coverage to such add itional insured ; and (b) This Coverage Part provides coverage for "bodlly Injury" or "property damage" Included within the "products - completed operations hazard". However: (1) The Insurance afforded to such additional Insured only applles to the extent permitted by law; and (2) If coverage provided to the add itional Insured Is required by a contract or agreement, the Insurance afforded to such additional Insured will not be broader than that which you are required by the contract or agreement to provide for such additional Insured . With respect to the Insurance afforded to these additional Insureds, this Insurance does not apply to : "Bodily Injury", "property damage" or "personal and advertising Injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services , Including: (1) The preparing, approving , or falling to prepare or approve, maps, shop drawings, opinions, reports , surveys, field orders , change orders or drawings and specltlcatfons ; or (2) Supervisory, Inspection , architectural or engineering activities. This exclusion applies even If the claims against any Insured allege negllgence or other wrongdoing In the supervision, hiring, employment, training or monitoring of others by that Insured , If the "occurrence" which caused the "bodily Injury" or "property damage", or the offense which caused the "personal and advertising Injury'', Involved the rendering of or the failure to render any professional services by or for you . The limits of Insurance that apply to additional Insureds Is described in Section Ill • Limits Of Insurance. How this Insurance applies when other Insurance Is available to the additional Insured Is described In the Other Insurance Condition In Section IV • Commercial General Liability Conditions. Page 14 of 21 No person or organization Is an Insured with respect to the conduct of any current or past partnership, joint venture or llmlted liability company that Is not shown as a Named Insured In the Declarations. SECTION Ill -LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance -shown In the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds ; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. Gener al Aggregate L imit The General Aggregate Limit Is the most we wlll pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily Injury" or "property damage" Included In the "products- completed operations hazard "; and c. Damages under Coverage B. 3. Products-Completed Operations Aggregate Limit The Products -Completed Operations Aggregate Limit Is the most we will pay under Coverage A for damages because of "bodily Injury" and "property damage" Included In the "products- completed operations hazard". 4. Personal And Advertising Injury Limit Subject to 2. above, the Personal and Advertising Injury Limit Is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising Injury" sustained by any one person or organization. 5. Each Occurrence Limit Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit Is the most we wlll pay for the sum of: a. Damages under Coverage A; and b . Medical expenses under Cove rage c beca use of all "bodily Injury" and "property damage" arising out of any one "occurrence". 6 . Damage To Premises Rented To You Limit Subject to 5. above, the Damage To Premises Rented To You Limit Is the most we will pay under Coverage A for damages because of "property damage" to any one premises , while rented to you, or In the case of damage by fire, lightning or ex plosion, while rented to you or temporarily occupied by you with permission of the owner . HG 00 01 0916 • Policy #72UUNCD7349 In the case of damage by fire, lightning or explosion , the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 7. Medical Expense Limit Subject to 5. above, the Medical Expense Limit Is the most we wlll pay under Coverage C for all · medical expenses because of 11 bodlly Injury" sustained by any one person. 8. How Limits Apply To Additional Insureds If you have agreed In a written contract or written agreement that another person or organization be added as an additional Insured on your policy, the most we wlll pay on behalf of such additional Insured Is the lesser of: a. The llmlts of Insurance specified In the written contract or written agreement; or b. The Limits of Insurance shown In the Declarations. Such amount shall be a part of and not In addition to Limits of Insurance shown ln the Declarations and described in this Section . The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown In the Declarations, unless the policy period Is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding · period for. purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the Insured or of the lnsured's estate will not relieve us of our obligations under this coverage Part . 2. Duties In The Event Of Occurrence, Offense, Claim or Suit a. Notice Of Occurrence Or Offense You or any addltlonal Insured must see to It that we are notified as soon as practicable of an "occurrence" or an offense which may result In a claim . To the extent possible, notice should Include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any Injured persons and witnesses; and (3) The nature and location of any Injury or damage arising out of the "occurrence 0 or offense. HG 00 01 0916 b. Notice Of Claim If a claim Is made or 11suit11 Is brought against any Insured , you or any additional insured must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You or any additional insured must see to It that we receive written notice of the claim or "suit" as soon as practicable . c. Assistance And Cooperation Of The Insured You and any other Involved insured must: (1) lmmedlately send us copies of any demands, notices, summonses or legal papers received In connection with the clalm or "suit"; (2) Authorize us to obtain records and other Inf ormatlon ; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit11 ; and (4) Assist us, upon our request, In the enforcement of any right against any person or organization which may be liable to the Insured because of Injury or damage to which this Insurance may also apply. d. Obligations At The Insureds Own Cost No Insured will, .except at that insured's own cost, voluntarily make a payment, assume any obligation, or Incur any expense, other than for first aid, without our consent. e. Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other Insurance available to an additional Insured, such additional Insured must submit such clalm or "suit" to the other Insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance Is primary and non-contributory with the additional lnsured's own Insurance. f. Knowledge Of An Occurrence, Offense, Claim or Suit Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence", offense, claim or "suit" Is known to: (1) You or any additional Insured that Is an Individual; (2) Any partner, if you or the additional Insured is a partnership; Page 15 of 21 Policy #72UUNCD7349 (3) Any manager, If you or the additional Insured is a limited liability company; (4) Any "executive officer" or insurance manager, If you or the additional Insured Is a corporation; (5) Any trustee, If you or the addltlonai insured is a trust; o.r (6) Any elected or appointed official, If you or the · additional Insured is a. polltical subdivision or public entity. This duty applies separately to you and any additional insured. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To Join us as a party or otherwise bring us Into a "suit" asking for damages from an Insured; or b. To sue us on this Coverage Part unless all of Its terms have been fully compiled with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an Insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are In excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Other Insurance If other valid and collectible insurance Is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obllgations are llmlted as follows: a. Primary Insurance This Insurance is primary except when b. below applies. If other Insurance · 1s also primary, we will share with all that other Insurance by the method described In c. below. b. Excess Insurance This Insurance Is excess over any of the other Insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That Is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (2) Premises Rented To You That Is fire, lightning or explosion Insurance for premises rented to you or temporarily occupied by you with permission of the owner; Page 16 of 21 (3) Tenant Liability That Is Insurance purchased by you to cover your llabllity as a tenant for "property damage" to "premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft. to the extent not subject to Exclusion g. of Section I -Coverage A -Bodily Injury And Property Damage Liability; (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion -j. of Section I -Coverage A - Bodily Injury And Property Damage Liability; (6) When You Are Added As An Additional Insured To Other Insurance Any other Insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance Any other Insurance available to an additional Insured . However, the following provisions apply to other insurance available to any person or organization who Is an additional Insured under this coverage part. (a) Primary Insurance When Required By Contract This Insurance is primary If you have agreed In a written contract or written agreement that this Insurance be primary. If other Insurance Is also primary, we will share with all that other insurance by the method described In c. below. (b) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed In a written contract, written agreement, ·or permit that this Insurance Is primary and non- contributory with the additional lnsured's own Insurance, this Insurance ls primary and we wlll · not seek contribution from that other Insurance. HG 00 01 0916 Policy #72UUNCD7349 Paragraphs (a) and (b) do not apply to other Insurance to which the additional Insured has been added as an additional Insured. When this Insurance Is excess, we will have no duty under Coverages A or B to defend the Insured against any ''suit" If any other Insurer has a duty to defend the Insured against that "suit". If no other Insurer defends, we will undertake to do so, but we wlll be entitled to the lnsured 's rights against all those other Insurers. When this Insurance Is excess over other Insurance, we will pay only our share of the amount of the loss, If any, that exceeds the sum of: · (1) The total amount that all such other Insurance would pay for the loss In the absence of this Insurance; and (2) The total of all deductible and self-Insured amounts under all that other Insurance . We will share the remaining loss, If any, with any other Insurance that Is not described In this Excess Insurance provision and was not bought speclflcally to apply In excess of the Limits of Insurance shown In the Declarations of this Coverage Part. c. Method Of Sharing If all of the other Insurance permits contribution by equal shares , we wlll follow this method also. Under this approach each Insurer contributes equal amounts until It has paid Its applicable limit of Insurance or none of the toss remains, whichever comes first. If any of the other Insurance does not permit contribution by equal shares, we will contribute by llmlts. Under this method, each Insurer's share Is based on the ratio of Its applicable limit of Insurance to the total applicable llmlts of Insurance of all Insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part In accordance with our rules and rates. b. Premium shown In this Coverage Part as advance premium Is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums Is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period Is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium HG 00 01 0916 computation, and send us copies at such times as we may request. 6. Representations a. When You Accept This Policy By accepting this policy, you agree : (1) The statements In the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have Issued this policy In re llance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fall to disclose all hazards relating to the condu ct of your business that exist at the inception date of this Coverage Part , we shall not deny coverage under this Coverage Part because of such failure. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned In this Coverage Part to the first Named Insured, this Insurance applies: a. As If each Named Insured were the only Named Insured ; and b. 9eparately to each Insured against whom claim Is made or "suit" Is brought. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the Insured has rights to recover all or part of any paymen t, Including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The Insured must do nothing after loss to Impair them. At our request, the Insured will bring "suit" or transfer those righ ts to us and help us enforce them . b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the Insured has waived any rights of recovery against any person or organization for all or part of any payment , Includ ing Supplementary Payments, we have made under this Coverage Part, we also waive that right , provided the Insured waived their rights of recovery against such person or organization In a contract, agreement or permit that was executed prior to the Injury or damage. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or delive r to the first Named Insured shown In the Declarations written notice of the Page 17 of 21 COMMERCIAL AUTOMOBILE HA 9916 03 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "Insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED A. Subsidiaries and Newly Acquired or Formed Organizations The Named Insured shown in the Declarations is amended to Include: (1) Any legal business entity other than a partnership or joint venture, formed as a subsidiary In which you have an ownership Interest of more than 50% on the effective date of the Coverage Form. However, the Named Insured does not Include any subsidiary that Is an "Insured" under any other automobile policy or would be an "insured" under such a policy but for Its termination or the exhaustion of Its Limit of Insurance . (2) Any organization that is acquired or formed by you and over which you maintain majority ownership . However, the Named Insured does not Include any newly formed or acquired organization: (a) That is a partnership or joint venture, (b) That Is an "Insured" under any other policy, (c) That has exhausted its Limit of Insurance under any other policy, or (d) 180 days or more after Its acquisition or formation by you , unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily Injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A.1. -WHO IS AN INSURED -of SECTION II -LIABILITY COVERAGE is amended to add: d. Any "employee" of yours while using a covered "auto" you don't own, hire or borrow In your business or your personal affairs. C. Lessors as Insureds Paragraph A.1. -WHO IS AN INSURED -of Section II -Liability Coverage Is amended to add: e. The lessor of a covered "auto" while the "auto" Is leased to you under a written agreement If: (1) The agreement requires you to provide direct primary insurance for the lessor and (2) The "auto" is leased without a driver. Such a leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. D. Additional Insured if Required by Contract (1) Paragraph A.1 . -WHO IS AN INSURED -of Section II -Llability Coverage Is amended to add: f. When you have agreed, In a written contract or written agreement, that a person or organization be added as an additional Insured on your business auto policy, such person or organization Is an "Insured", but only to the extent such . person or organization is liable for "bodily injury" or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who Is An Insured with regard to the ownership, maintenance or use of a covered "auto." Form HA 99 16 03 12 © 2011, The Hartford (Includes copyrighted material of ISO Properties, Inc., with Its permission.) Page 1of5 The Insurance afforded to any such additional Insured applies only If the "bodily Injury" or "property damage" occurs: (1) During the policy ·period, and (2) Subsequent to the execution of such written contract, and (3) Prior to the expiration of the period of lime that the written contract requires such insurance be provided to the additional insured. (2) How Limits Apply If you have agreed In a written contract or written agreement that another person or organization be added as an additional Insured on your policy, the most we will pay on behalf of such additional Insured Is the lesser of: (a) The limits of Insurance specified in the written contract or written agreement; or (b) The Limits of Insurance shown In the Declarations. Such amount shall be a part of and not In addition to Limits of Insurance shown In the Declarations and described In this Section. (3) Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other Insurance available to an additional Insured, such additional insured must submit such claim or "suit" to the other Insurer for defense and Indemnity. However, this provision does not apply to the extent that you have agreed In a written contract or written agreement that this Insurance Is primary and non- contributory with the additional lnsured's own Insurance. (4) Duties In The Event Of Accident, Claim , Suit or Loss If you have agreed In a written contract or written agreement that another person or organization be added as an additional Insured on your policy, the additional Insured shall be required to comply with the provisions In LOSS CONDITIONS 2. -DUTIES IN THE EVENT OF ACCIDENT, CLAIM , SUIT OR LOSS -OF SECTION IV - BUSINESS AUTO CONDITIONS, In the same manner as the Named Insured. E. Primary and Non-Contributory If Required by Contract Only with respect to Insurance provided to an additional Insured In 1.D. -Additional Insured If Required by Contract, the following provisions apply: (3) Primary Insurance When Required By Contract This Insurance is primary If you have agreed In a written contract or written agreement that this insurance be primary. If other insurance Is also primary, we will share with all that other Insurance by the method describ ed In Other Insurance 5.d. (4) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract or written agreement that this Insurance Is primary and non-contributory with the additional insured's own Insurance, this insurance is primary and we will not seek contribution from that other Insurance. Paragraphs (3) and (4) do not apply to other ·. Insuran ce to which the additional Insured has been added as an additional Insured. When this Insurance Is excess, we will have no duty to defend th e Ins ured against any "suit" If any other Insurer has a duty to defend the Insured against that "suit". If no other Insurer defends, we will undertake to do so, but we will be entitled to the lnsured's rig hts against all those other insurers. When this insurance Is excess over other Insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other Insurance would pay for the loss In the absence of this insurance; and (2) The total of all deductible and self-Insured amounts under all that other insurance. We will share the remaining loss, if any, by the method described In Other Insurance 5.d. 2. AUTOS RENTED BY EMPLOYEES Any "auto " hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. The OTHER INSURANCE Condition is amended by adding the following: Form HA 9916 0312 © 2011, The Hartford (Includes copyrighted material of ISO Properties, Inc., with Its permission .) Page 2 of 5 City of Huntington Beach Business License 714 536-5267 FAX 714 536-5934 SOUNDSKILZ 39444 CALLE PORTILLO TEMECULA CA 92592 Dear Business Owner: Dahle Bulosan C hief Financial Officer P.O. Box 190 Huntington Beach, CA 92648 Thank you for your payment. Attached is your City of Huntington Beach Business License. Please note that approximately one month prior to the license expiration date, you will be mailed a renewal notice for the coming year. If for any reason your renewal notice does not arrive, you are still responsible to renew and pay your business license -amount prior to the expiration date. You wi ll incur penalties if this payment is not received by the expiration date. Please post the business license in public view. If you do not transact business from a fixed location w ithin the city, you must carry this license with you at all times. Your business vehicle should also carry this license, a nd the license plate number of the vehicle(s), if applicable, should match the one on the business license. Please notify Business License if there are any changes of ownership, address, business name, bu siness vehicle, or type of business conducted. Additionally, please notify the city if you discontinue your business. If your business is operated in a commercial, retai l, or industrial location , you will need to contact the Planning and Building Department regarding the requirement for a Certificate of Occupancy. For addi ti onal questions or infor mation on this matter call 714-536-5271. The Planning and Building Department is located on the 3rd floor of City Hall. There are many resources available to our licensed business people. We have listed a few that might be of interest and assistance to you. City of Huntington Beach Economic Development Department-714-536-5582 Huntington Beach Chamber of Commerce -714-536-8888 Huntington Beach SCORE (Service Corps of Retired Executives) -714-550-7369 Fictitious Business Name Information -714-834-2889 State Board of Equalization (seller's permit information) -949-440-3473 If you have any questions, please call a Business License representative at 714-536-5267. City Of Huntington Beach Business License Business Name I Seivice Address SOUNDSKILZ License Type Professional I Other Services Owner I Corporation SOUNDSKILZ INC THIS LICENSE IS ONLY FOR THE BUSINESS AND TYPE SHOWN . IT IS FOR THE PERSON TO WHOM ISSUED AND IS NON-TRANSFERABLE. RENEWAL IS DUE ON OR BEFORE THE EXPIRATION DATE . POST IN PUBLIC VIEW License Number A308885 Effective DatE 11/01 /2020 Expiration DatE 10/3 1 /2021 Amount Paid $126.70 SIC 8999 City of Huntington Beach File #:21-221 MEETING DATE:3/15/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Travis K. Hopkins, Assistant City Manager Subject: Consider Establishment of a City Council Ad-Hoc Committee to Perform a Formal Review of the City’s Current Boards, Commission, and Committee Structure Statement of Issue: In late-2019, prior to the COVID-19 pandemic, the City Council’s Intergovernmental Relations Committee (IRC) had been engaged in a review of the City’s existing structure of Boards, Commissions, and Committees (BCCs). Over the years, as the City made additions and / or adjustments to our BCCs, the overall listing of groups became unwieldy, both because of the number of BCCs and overlapping duties. Recently, at this year’s 2021 Strategic Planning Session held in January, the City Council identified updating and modernizing our overall roster of BCCs as a key priority project. Currently, staff has identified that the City supports 40 different internal, City-sponsored boards, commission, and committees (see Attachment 1), and certainly, the City would benefit from an assessment of the duties, priorities, and current relevancy of each group as we seek to modernize our overall BCC framework. To coordinate the task of reviewing our BCCs, it is recommended that an Ad-Hoc City Council Committee be established to work with staff in performing the review of the City’s board and commission framework. It is recommended that the Mayor and two (2) members of the City Council be selected to serve on the Ad Hoc Committee, which would be tasked with developing recommendations for consideration by the full City Council. Financial Impact: Not applicable Recommended Action: Establish a 3-member City Council Ad-Hoc Committee, comprised of the Mayor and two (2) Council Members, to perform an assessment of the City’s overall board, commission, and committee structure. City of Huntington Beach Printed on 3/10/2021Page 1 of 2 powered by Legistar™ File #:21-221 MEETING DATE:3/15/2021 Alternative Action(s): Do not approve the recommendation and direct staff accordingly. Analysis: The City currently has 40 identified BCCs that have been created over time for various responsibilities. A formal assessment of the framework of the advisory bodies would be prudent to identify ways to better organize and streamline the work being considered by the BCCs. Such a review would help ensure that the efforts of the City Council, the committee members, and staff are spent on relevant and productive community priorities. To that end, it is recommended that the City Council form an ad-hoc Committee, comprised of the Mayor and two Council Members, to work with staff to complete the BCC assessment. Upon completion of the review, the committee would provide recommended adjustments for full City Council consideration. Environmental Status: Not applicable Strategic Plan Goal: Community Engagement Attachment(s): 1.Listing of City Boards, Committees, and Commissions City of Huntington Beach Printed on 3/10/2021Page 2 of 2 powered by Legistar™ 1 Beautification Landscape and Tree Committee 2 Central Park Collaborative 3 Children's Needs Task Force 4 Citizen's Infrastructure Advisory Board 5 Citizens Participation Advisory Board 6 City Council / Public Finance Authority 7 Communications Committee 8 Community Services Commission 9 Design Review Board 10 Downtown EDC 11 Economic Development Committee 12 Environmental Assessment Committee 13 Environmental Board 14 Finance Commission 15 Fourth of July Executive Board 16 Harbour Commission 17 Historic Resources Board 18 Homeless Task Force 19 Human Relations Task Force 20 Huntington Beach Housing Authority 21 Huntington Central Park Committee 22 Intergovernmental Relations Committee 23 Investment Advisory Board 24 Jet Noise Commission 25 Library Board of Trustees 26 Mobile Home Advisory Board 27 Oak View Task Force 39 Oversight Board of the Successor Agency of the Former City of Huntington Beach 28 Park Naming Committee 29 Personnel Commission 30 Planning Commission 31 Public Works Commission 32 School District/ City Committee 33 Southeast Area Council Committee 34 Specific Event Committee 35 Strategic Plan Committee 36 Subdivision Committee 37 Sunset Beach Committee 38 Supplemental Retirement Plan & Trust Board 39 Youth Board 40 Zoning Administrator Huntington Beach Boards, Commissions, and Committees City of Huntington Beach File #:21-228 MEETING DATE:3/15/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Ursula Luna-Reynosa, Director of Community Development Subject: Approve and authorize execution of Contract Amendment No. 1 with Kimley-Horn , Inc. for preparation of the 6th Cycle Housing Element in an amount not to exceed $52,900 for Public Outreach Statement of Issue: Transmitted for the City Council consideration is a request to amend an existing contract between the City and Kimley-Horn,Inc.The contract for the 6th Cycle Housing Element Update would be increased by an amount not to exceed $52,900.The contract amendment is needed to provide expanded public outreach during the 6th Cycle Housing Element Update. Financial Impact: No additional appropriations are requested for this action.The Kimley-Horn,Inc.amendment will be absorbed within the approved Community Development Department’s FY 2020/21 budget, Professional Services account 10060201.69365. Recommended Action: Approve and authorize the Mayor and City Clerk to execute “Amendment No.1 to Professional Services Contract Between the City of Huntington Beach and Kimley-Horn,Inc.for the 6th Cycle Housing Element Update.” Alternative Action(s): Deny the contract amendment between the City and Kimley-Horn, Inc . and direct staff accordingly. Analysis: The City Council approved the professional services contract for the 6th Cycle Housing Element update in October 2020,totaling $505,355,for which $500,000 is funded through a grant from the state and the remainder comes from the Community Development Department professional services budget.The public outreach budget of the approved contract includes two community workshops, three Planning Commission Study Session meetings,one City Council Study Session meeting and all associated materials for a total of $45,390. City of Huntington Beach Printed on 3/10/2021Page 1 of 2 powered by Legistar™ File #:21-228 MEETING DATE:3/15/2021 At the March 1,2021 Joint Study Session of the Planning Commission and City Council,Mayor Carr and Councilmember Moser expressed interest in expanding the outreach plan.As such,staff asked Kimley-Horn to prepare a scope with expanded public engagement opportunities.The consultant created a menu of various outreach options including the potential for 11 additional focused and target group meetings,preparation of project fact sheets in English and Spanish,an online survey, and production of information video segments (Attachment No.1)totaling $52,900.The public engagement opportunities were developed by Kimley-Horn based on what has worked well in their 6 th Cycle Housing Element outreach experience in other Orange County cities.The expanded outreach scope representing a menu of options would provide the most flexibility for the City to tailor the outreach process as we progress through the project.Staff believes that this approach enables the City to adapt the plan as we receive public input and be the most responsive to new issues that arise throughout the project as well as the changing COVID-19 situation.In addition,given the increased level of interest by the public and other interested parties in the 6th cycle update (largely due to the substantial increase in the City’s RHNA allocation and all of the new housing element laws enacted in recent years),staff believes an expanded outreach approach will be beneficial to the ultimate project outcome. It should be noted that the original contract was approved without contingency.Generally,for a major project of this scope,staff recommends a 20%contingency in the budget,which usually ends up used on additional public engagement or environmental analysis.The additional requested budget amount of $52,900 is less than the typical 20% contingency. Environmental Status: The request is exempt pursuant to Section 15061(b) (3) of the California Environmental Quality Act. Strategic Plan Goal: Community Engagement Attachment(s): 1.Expanded Public Outreach Options Scope of Work 2.Amendment No. 1 to Agreement between City of Huntington Beach and Kimley-Horn, Inc. for the 6th Cycle Housing Element Update 3.Original Professional Services Contract between the City of Huntington Beach and Kimley- Horn, Inc. for the 6th Cycle Housing Element Update 4.Insurance Certificate City of Huntington Beach Printed on 3/10/2021Page 2 of 2 powered by Legistar™ kimley-horn.com 1100 W Town and Country Road Suite 700, Orange, CA 92868 714.786.6111 March 8, 2021 Nicolle Aubé, AICP Department of Community Development 2000 Main St Huntington Beach, CA 92648 RE: Housing Element Update Community Engagement Scope and Fee Amendment The Huntington Beach City Council has expressed its interest in expanding community engagement for the Housing Element Update project. The intent of the expanded community engagement is to provide additional opportunities for Huntington Beach residents and stakeholders to participate in the development of the Housing Element. The following list of Community Outreach Services may be added to the existing community outreach scope for the 2021-2029 Housing Element Update. Task Number/Name Anticipated Cost # of Meetings/Notes Task 1. Online Community Survey (MetroQuest) $12,000 -- Task 2. Geographic Area Specific Meetings $11,500 2 Meetings with 8 total breakout groups Task 3. Subject Group Meetings $9,400 3 meetings Task 4. Targeted Focus Group Meetings $8,400 6 meetings Task 5. Informational Fact Sheets $3,200 2 fact sheets assumed Task 6. Informational Videos Segments $8,400 4 videos assumed Task 1. ONLINE COMMUNITY OUTREACH SURVEY TOOL (METROQUEST) Kimley-Horn will develop a web-based outreach survey tool utilizing MetroQuest. The survey tool includes analytics that evaluate community input related to locations for potential housing, housing goals, constraints, policies, and programs. The outreach survey tool will allow residents and stakeholders the flexibility of participating online and at their convenience. The survey tool will enhance participation in consideration of social distancing protocols due to COVID-19. The survey tool will provide useable data that will be incorporated into the Housing Element Update. The outreach survey is anticipated to be released with the first community workshop and remain available for a month. Deliverables: • Set up, launch and running of one (1) MetroQuest online surveys in English and Spanish versions • Review/Summary of survey results and incorporation into the Housing Element kimley-horn.com 1100 W Town and Country Road Suite 700, Orange, CA 92868 714.786.6111 Task 2. GEOGRAPHIC AREA SPECIFIC WORKSHOPS Kimley-Horn will attend and assist the City in the facilitation of two (2) sets of geographic area specific workshops in English to allow for more in-depth discussion relating to the issues and opportunities within specific areas in Huntington Beach. Each geographic area specific workshop will have up to four (4) total breakout rooms (including a Spanish breakout discussion room if requested) It is assumed that these meetings will take place over two consecutive nights and will be facilitated by a combination of Kimley- Horn and City Staff. This scope assumes attendance by up to four (4) Kimley-Horn staff members per meeting to facilitate discussion in the breakout rooms and record meeting notes. Kimley-Horn has staff that are experienced in providing Spanish facilitation services related to Housing Element updates. Deliverables: • Two (2) Workshop Flyers (one in English and one in Spanish) (PDF Versions) • Attendance at up to two (2) sets of geographic area Specific workshops with four total breakout rooms for each meeting. This scope anticipates that each breakout room will be facilitated by one member of the consultant team and one member of City staff. • Preparation of PowerPoint Materials • One (1) Meeting Summary Memorandum for each workshop Task 3. SUBJECT GROUP MEETINGS Kimley-Horn will attend and assist the City in facilitating of up to three (3) Subject Group meetings. The Subject Group meetings will be organized by City Staff in collaboration with Kimley-Horn to collect information and feedback from professionals in fields relating to affordable and market-rate housing, low- income services, and other relevant backgrounds. Participants may consist of members of community organizations, major landowners, home builders, affordable housing developers and advocates, local business owners, or others that add a unique perspective and expertise to the Housing Element Update process. Subject Matter Expert meetings may occur at any point throughout the planning process as deemed necessary by City Staff. It is assumed that the participants will provide feedback on a volunteer basis. Kimley-Horn is not responsible for compensation of the participants during the Subject Matter Expert meetings. Deliverables: • Prepare meeting materials, including a PowerPoint presentation and handouts for each meeting • Attendance at up to three (3) Subject Matter Expert meetings by two (2) Kimley-Horn team members • Prepare up to one (1) summary memorandum for each Subject Matter Expert meeting Task 4. TARGETED FOCUS GROUP MEETINGS Kimley-Horn will attend and assist the City in facilitating targeted focus group meetings. Organization of these meetings, including outreach to specific groups and meeting coordination/logistics is anticipated to be handled by the City. This scope assumes that these are up to one and a half hour virtual conversations with only a basic introductory presentation. Kimley-Horn will assist the City in identifying community organizations to maintain contact with throughout the Housing Element update outreach process. kimley-horn.com 1100 W Town and Country Road Suite 700, Orange, CA 92868 714.786.6111 Kimley Horn will focus on the identification of groups or organizations that may not typically participate in City processes. These targeted meetings will consider specific underrepresented geographic areas, consider people who are uncomfortable using technology, speak English as a second language or not at all, or have timing constraints and commitments that prevent them from attending meetings at the proposed times. These meetings are intended to be an hour and a half in length and may be for one target focus group or multiple in a break-out room type format. Targeted Focus Group meetings may occur at any point throughout the planning process as deemed necessary by City Staff. Deliverables: • Prepare meeting materials, including a PowerPoint presentation and handouts for each meeting • Attendance at up to six (6) targeted focus group meetings by two (2) Kimley-Horn team members • Prepare up to one (1) summary memorandum for each targeted focus group meeting TASK 5. INFORMATIONAL FACT SHEETS Kimley-Horn will prepare two (2) informational Fact Sheets prior to Townhall events. The Fact Sheets will be one-page, double sided, and designed to convey relevant project information in a quick, easy, and effective manner. The Fact Sheets will be posted on the City’s website and distributed by City Staff. The first informational Fact Sheet will provide community members with background information on state housing law, the process for getting a compliant housing element, Huntington Beach-specific housing information, and the overall project timeline. The second Fact Sheet will be created to accompany the release of the Public Review Draft Housing Element document. This Fact Sheet will contain information on the project schedule and a “how-to” guide for reviewing the Housing Element sections. Deliverables: • Two (2) Informational Fact Sheets with translation into Spanish (PDF Version) TASK 6. INFORMATIONAL VIDEO SEGMENTS Kimley-Horn will prepare up to four (4) short informational video segments (up to 2 minutes in length) which can help to explain specific housing-related topics. These materials will be distributed to the community by City Staff through the appropriate outreach channels, including posting on the City’s website, social media, local tv and radio stations, and direct distribution to stakeholders. This scope assumes that Kimley-Horn will prepare materials for and produce each video. Deliverables • Four (4) short informational video segments kimley-horn.com 1100 W Town and Country Road Suite 700, Orange, CA 92868 714.786.6111 For the services set forth above, Client shall pay Consultant the following compensation: $52,900 Your signature below, indicates your acceptance to modify the existing Agreement to incorporate the additional Tasks described in this Amendment. Please contact Nick Chen, AICP at nick.chen@kimley- horn.com or 714.786.6111 should you have any questions. Sincerely, David Barquist, AICP Nick Chen, AICP CLIENT: CONSULTANT: _________________________________ KIMLEY-HORN AND ASSOCIATES, INC. By: ______________________________ By: ________________________________ Title: _____________________________ Title: _______________________________ Date: _____________________________ Date: _______________________________ Attachment #2 Amendment No. 1 to Agreement between City of Huntington Beach and Kimley- Horn, Inc. for the 6th Cycle Housing Element Update to follow as a Supplemental Communication by March 15, 2021. PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND KIMLEY-HORN AND ASSOCIATES, INC. FOR PREPARATION OF THE 2021-2029 GENERAL PLAN HOUSING ELEMENT UPDATE THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and KIMLEY-HORN AND ASSOCIATES, INC., a North Carolina Corporation hereinafter referred to as "CONSULT ANT." WHEREAS, CITY desires to engage the services of a consultant to prepare the 2021-2029 General Plan Housing Element Update; and Pursuant to documentation on file h1 the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSUL TANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes herein after be referred to as the "PROJECT." CONSULT ANT hereby designates David Barquist who shall represent it and be its sole contact and agent in all consultations with CITY during the pe1formance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the perfo1mance of this Agreement. 20-8942/234914agree/ surf net/professional svcs mayor 5/19-204082 1 of 11 3. TERM; TIME OF PERFORMANCE Time is of the es sence of thi s Agreement. T he services of CONSULTANT are to commence on October 19, 2020 (th e "Co mmencement Date"). T hi s Agreement sha ll a utomaticall y terminate three (3) years from the Commencement Date, unless extended o r soone r terminated as provided herein . All tasks specified in Exhibit "A" shall be completed no later t ha n October 15 , 2021. The time for performance of the tasks id entified in Exhibit "A" are generall y to be shown in Exhibit "A." This schedule may be amend ed to benefit the PROJECT if mutually agreed to in writing by CITY an d CONSULTANT. In the event the Comme ncement D ate precedes the Effective Date, CONSULTANT shall be boun d by all term s and conditi o ns as provided he rein . This Agreement is made in anticipation of conditions perm ittin g continuous and orderly progress throug h completion of serv ice s . T imes for performance shall be extended as necessary fo r delays or suspensions due to c ircum sta nces that th e CONSUL TANT does not control. CONSULTANT shall not have li ability fo r any delays, expenses, losses, damages, or are deemed in breach which a re caused by any fac to r o utsi d e of its reasonabl e control, including but not limited to natural disasters, e pidemics (including COVID 19), ad verse weather, or acts of the CITY, third parties, o r governmental agenc ies . 4. COMPENSATION In cons ideratio n of the performance of the serv ices described he re in , C ITY agrees to pay CONSUL TANT on a tim e and materials basis at the rates specifi ed in Exhibit "B," which is attached hereto and incorporated by reference into t hi s Agreement, a fee, including all costs and expenses, not to exceed Five Hundred and Fi ve T housand T hree H un dred Fifty F ive Dollars ($505 ,355). 20 -8942/2349 14agree/ surfn et/profess ional svcs mayor 5/19-204082 2of 11 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULT ANT will unde1take such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULT ANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, repo1is, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS A. CONSULTANT hereby agrees to protect, defend, indemnify and hold haimless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including costs and fees of litigation of every nature or liability of any kind or nattu'e) to the extent arising out of or in connection with CONSULT ANT's (or CONSULT ANT's subcontractors, if any) negligent (or alleged negligent) perfo1mance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the so le or active negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its so le cost and expense and CITY shall 20-894212349 14agrce/ surfnet/p rofessionn l svcs mayor S/19-204082 3of11 approve selection of CONSUL TANT's counsel for claims for which Consultant is required to indemnify hereunder. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULT ANT. B. To the extent that CONSULTANT perfotms "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmles s provision applies in place of subsection A above: "CONSUL TANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULT ANT exceed CONSULT ANT' s prop01tionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to banlcruptcy or dissolution of the business, CONSULT ANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in Califomia Civil Code Section 2782.8 . C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney 's fees incuned by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable . The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 20·8942/2349 l 4agree/ su rfneUprofessional svcs mayor 5/19-204082 4of11 9. PROFESSIONAL LIABILITY INSURANCE CONSULT ANT shall obtain and furnish to CITY a professional liability insurance policy coveting the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occunence and in the aggregate. The above-mentioned insmance shall not contain a self-insured retention, without the express written consent of CITY; however an insm·ance policy "deductible" of Ten Thousand Dollars ($10,000.00) or le ss is permitted. A claims-made policy shall be acceptable if the policy finther provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULT ANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insmance is terminated for any reason, CONSULT ANT agrees to purchase an extended reporting provision of at least two (2) years to rep01t claims arising from work perfo1med in connection with this Agreement. . If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consu ltant>s right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work pe1formed prior to approval of insurance by the CITY. 20-8942/2349 I 4agrce/ surfnet/profes sional· svcs mayor 5/19-204082 5of11 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall fumish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the. event of cancellation for nonpayment of premium. CONSULT ANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSUL TANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the perfo1mance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULT ANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 20·8942/2349 l 4agree/ surfuet/professional svcs mayor 5/19-204082 6of11 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may tenninate CONSULT ANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any t ermination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULT ANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its prope1ty and shall be promptly delivered to it by CONSULT ANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsult ants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY empl oyee in the work perfo1med pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the Cal ifornia Government Code. 16. NOTICES Any notices, certificates, or other commw1ications hereunder shall be g iven either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as 20-8942/2349 l 4agree/ su rfiteVprofess ional svcs mayor 5/19-204082 7of11 the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULT ANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. ce1tified mail-return receipt requested: TO CITY: City of Huntington Beach ATTN: Nicolle Aube 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: David Barquist 765 The City Drive, Suite 200 Orange, CA 92868 Dave.Barguist@Kimley-Hom.com When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occutTence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the patties or affect the construction or interpretation of any provision of this Agreement. 20-8942/234914agree/ s urfnet/profess ional svcs mayor 5/19 -204082 8of11 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the paities. If any provision of this Agreement is held by an arbitrator or comt of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the corrunission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterpatts as duplicate originals, each of which so executed shall, irrespective of the date of its. execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrnment as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliai1ce with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 20 -894212349 l 4agree/ surfnet/professiona l svcs mayor 5/19-204082 9of11 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of a ny legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of thi s Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attomey's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of Califomia. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective patties to each of the terms of this Agreement, and shall indemnify CITY fully for any inj uries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 20-8942/234914agrce/ surfnetlprofessional svcs mayor 5/19-204082 10of11 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntaril y following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The pruties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that pruty's behalf, which are not embodied in this Agreement, and that that pru.ty has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the pruties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, th e pruties hereto have caused this Agreement to be executed by and through their authorized officers . 20-8942/2349 l 4agreel surfnet/profes sional svcs mayor 5/19-204082 11of11 CONSULTANT, KIMLEY-HORN AND ASSOCIATES, INC. COMPAN Y NAME By: ______________ _ print name ITS : (circle one) Cha irman/PresidentN ice President AND B y: ______________ _ print name ITS : (circle one) Secretary/Ch ief Financial Officer/ Asst. Secretary -Treasurer COUNTERPART CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Ca lifor~ ~ '1-<J~ ~ C ity Cl erk to/~ APPROVED: ~ \JL~ ~C'riy Attorney {'JAi' 20-8942/2349 14agree/ surfnet/profess ional sv cs mayo r 5/19-204082 12of11 ULR.. CONSULTANT, CITY OF HUNTINGTON BEACH, a KIMLEY-HORN AND ASSOCIATES, INC. municipal corporation of the State of COMPANY NAME California print name City Clerk ITS: (circle one) Chairman/President ice Pres ident INITIATED AND APPROVED: Director of Community Development !~ ITS: (clrc (e oneJ~iefFinancial Officer/Asst. Secretary -Treasurer REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: City Attorney {'J)I COUNTERPART 20-8942/2349 14agrec/ surfoet/profcssional s vcs mayor 5/19-204082 12of11 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Kimley-Hom and Associates, Inc. will prepare the 2021-2029 General Plan Housing Element Update. See attached scope of work. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: The consultant will be responsible for preparation of the 2021-2029 General Plan Housing Element. This includes several tasks such as document analysis, preparing a housing plan, community engagement, CEQA compliance, attending public hearings, and final Housing Element certification with HCD. See attached scope of work for detailed description of duties and responsibilities. C. CITY'S DUTIES AND RESPONSIBILITIES: See attached scope of work. D. WORK PROGRAM/PROJECT SCHEDULE: See attached scope of work. EXHIBIT A EXIIlBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: Kimley-Hom Principal Senior Planner Associate Planner Assistant Planner/ Graphics Admin Suppo1t $275/hour $168/hour $130/hour $110/hour $110/hour B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date . Th at tota l should provide, at a glance, the total fees and costs incurred to date for the proj ect. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requll:ements for satisfactory completion. 4. CONSULT ANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULT ANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage ofworl~ completed. Upon submission of any such invoice, if CITY is sat isfied that CONSULT ANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thhty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and t he schedule of 1 Exhibit B performance set fo1th in Exhibit "A" may at the option of CITY be suspended until the parties agree that past pe1formance by CONSULT ANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld . Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apait from the ongoing performance of the remainder of this Agreement. 2 Exhibit B EXHIBIT "B" Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth h erein in accordance with the following progress and payment sch edu le s. 2. Delivery of work product: A copy of every memorandum, letter, repmt, calculation and other documentation prepared by CONSULT ANT shall be submitted to CITY to demonstrate progress toward completion of ta sks. In the event CITY rejects o r h as comments on any such product, CITY sha ll identify specific requirements for satisfactory completion. 3 . CONSULTANT shall submit to CITY an invoice for each monthl y progress payment due. Such invo ice shall : A) Reference thi s Agreement; B) Describe the serv ic es performed; C) Show the total amount of the payment due; D) . Include a ce1tification by a principal member of CONSULT ANTs firm that the work ha s been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upo n submiss ion of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion o f tasks in ac cord ance with thi s Agreeme nt, CITY shall approve the invoice, in wh ich event payment sha ll be made within thirty (30) days of receipt of the invo ice by CITY. Such approva l shall not be unreasonably withheld. If CITY does not approve an invoice, CITY sha ll notify CONSULTANT in writing of the reasons for non-approval and the sche dule of perfmmance set forth in Exhibit "A" may at the opti on of CITY be suspend ed unt il the partie s agree that past performance by CONSULT ANT is in , 0 1· h as been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additi onal services author ized in advance and in writing by CITY shall be invoiced separat ely to CIT Y. Such invo ic e shall contain all of the informatio n require d above, and in additi on shall list the hours expended and ho url y rate charged for such time. Such inv o ices sha ll be approved by CITY if the work performed is in accordance with the extra work or additional serv ices requested, and if CITY is sati sfi ed that the statement of hours worked and costs incurred is accurate. Such approval sh all not be unreasonably withheld. Any dispute between the p arties concerning payment of such an invoice sha ll be treated as separate and apa1t from the ongoing performance of the remainder of this Agreement. Exhibit B PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND KIMLEY-HORN AND ASSOCIATES, INC. FOR PREPARATION OF THE 202 1-2029 GENERAL PLAN HOUSING ELEMENT UPDATE Table of Contents 1 Scope of Services ..................................................................................................... l 2 City Staff Assistance ................................................................................................ 2 3 Term; Time of Perfo1mance ..................................................................................... 2 4 Compensation .......................................................................................................... 2 5 Extra Work ............................................................................................................... 2 6 Method of Payment. ................................................................................................. 3 7 Dispos ition of Plans, Estimates and Other Documents ........................................... 3 8 Ho ld Harmless ......................................................................................................... 3 9 Professional Liability Insurance ............................................................................. 4 10 Certificate of Insurance ............................................................................................ 5 11 Independent Contractor ............................................................................................ 6 12 Termination of Agreement ....................................................................................... 6 13 Assignment and Delegation ...................................................................................... 6 14 Copyrights/Patents .............................................................. : .................................... 7 15 City Employees and Officials .................................................................................. 7 16 Notices ......................................................................................... 7 17 Consent .................................................................................................................... 8 18 Modification ............................................................................................................. 8 19 Section Headings ..................................................................................................... 8 20 Interpretation of this Agreement .............................................................................. 8 21 Duplicate Original .................................................................................................... 9 22 Immigration ..................................................................................... , ......................... 9 23 Legal Services Subcontracting Prohibited ................................................................ 9 24 Atto1ney1s Fees .......................................................................... : ............................... 10 25 Survival ..................................................................................................................... 10 26 Governing Law ......................................................................................................... 10 27 Signatories ................................................................................................................. 10 28 Entirety ...................................................................................................................... 10 29 Effective Date ................................................................................. 11 TABLE OF CONTENTS A. Vendor Application Form and Cover Letter ..................................................................................... 2 B. Background and Project Summary Section ..................................................................................... 5 C . Methodology Section ...................................................................................................................... 8 D. Staffing .......................................................................................................................................... 15 E. Qualifications ................................................................................................................................ 18 F. Fee Proposal. ................................................................................................................................ 20 Appendix: Forms and Required Information ...................................................................................... A-1 City of Huntington Beach I Kimley »>Horn A. VENDOR APPLICATION FORM AND COVER LETTER June 12, 2020 Ms. Jennifer Andersen City Buyer City of Huntington Beach 2000 Main Street Huntington Beach , CA 92648 RE: 2021-2019 Housing Element Update Dear Ms. Andersen and Members of the Selection Committee : 765 The City Drive Suite 200 Orange , CA 92868 TEL 714 939 Kimley-Horn provides the City of Huntington Beach with a team of Housing Element specialists that not only have a proven record of preparing successful Housing Element Updates but work with local communities as trusted advisors in all aspects of Housing Element statutory requirements and policy development. We understand how to effectively tailor and implement State Housing Element Laws to meet local community needs and use our familiarity with California State Department of Housing and Community Development (HCD) procedures to assist the City in ach ie v ing a certified Housing Element. Kimley-Horn has worked with cities and counties throughout California and our team has collaborated extensively with HCD staff since the early 1990s . Housing Element compl iance has become an increasingly daunting task, and the upcoming 6th Cycle will be no exception . Therefore , the C ity will need a team that has recent, practical experience in Housing Element Updates and understands how to work with HCD, stakeholders , and decision-makers. The Kimley-Horn team offers the following strengths for your consideration : Specialists in the Housing Element Certification Process -The Kimley-Horn team has sign ificant staff expertise and knowledge of the requirements for achieving certification by HCD. Our team has years of experience in multiple Housing Element Update cycles and can translate our recent 61h Cycle experience working with HCD in several Southern California jurisdictions to the benefit of the City. Kimley-Horn has had tremendous success when collaborating proactively with HCD to ach ie ve statutory compliance . Understand and have Practical Experience with New Housing Laws -The California legislature has enacted numerous new housing laws in just the past few years . Many of these laws d irect ly affect the analysis and content of the Housing Element. Kimley-Horn is one of the first consult ing f irms to work under the requirements of these new statutes, even before HCD has provided lo cal guidance for interpreting these new laws. This means that the City will have a team t hat possesses an "insider knowledge" of new statutory requirements , and how HCD interprets them during Housing Element compliance review . Based on this experience, Kimley-Horn can inform Huntington Beach of HCD's interpretation of these laws and the acceptable methods/analysis/actions the City must employ. Approach Tailored to Your Success -Kimley-Horn will work closely with Huntington Beach to provide a scope of services required to support policies and programs that are consistent with the City of Huntington Beach I 2 Kimley»>Horn community 's vision . We have committed a team of qualified and exp erienced specia li sts who are identified in this proposal and will help the City develop its housing policy goals. Kimley-Horn 's greatest strength is in our desire to create strong interpersonal relationsh ips with our clients and the stakeholders t hey serve , resulting in a mutually enjoyable and rewarding work effort. K iml ey-Horn will provide loca l coordination from our Orange office where our planning staff is supported by in-house technical resources. Comprehensive and Experienced Team -Our project manager, Dave Barquist, AICP, has a strong record of successful housing program management and State certification of Hous ing Elements . Our team will work directly with the City to guide the day-to-day tasks of all projects towards successful completion. Our team is supported by a core group of e xperienced professionals to work with the City. Rita Garcia will serve as project manager for the Environmental Documents . Rita has 30 years of CEQA and planning experience , including recent evaluations of Housing Element Updates . Quality Documents -Kimley-Horn 's commitment to quality can be attested through the many professional awards received fo r our projects, and the satisfaction of our clients and the communities they serve. Our documentation is thorough, and the presentation of information is clear, concise , understandable, and defensible . We understand the nuances of creating policy documents that meet State-mandated requirements , while supporting and advancing the local goals and policies of the community . Commitment to the City of Huntington Beach -We know that a strong commitment to client satisfaction and a quality product must be the foundation of our service to you . Our local Orange office is a short drive from the City's offices and our nearest office to you , the reby allowing Huntington Beach to enjoy greater access to our team . Kimley-Horn commits to be responsive and available to you when you need us. Our team will provide proactive communication and function as an extension of your staff to the City , so together we can complete this project successfully. We have reviewed and understand all elements of the C ity's Request for Proposals (R FP) and are committed to performing the services as outlined in the scope of work provi ded. Our scope of services assumes completion of this work effort by the October 15, 2021 deadl ine . Kimley-Horn appreciates the opportunity to submit this proposal to the City and welcomes the opportunity to work as your trusted advisor and Housing Element team. Please do not hesitate to contact Dave at 714.705 .1317 , dave .barquist@ki mley-horn .com , or the address on the previous page (our nearest local office to the City) if you have any questions or requ i re additi ona l information . Our proposal price will be valid for a period of at least 180 days. S incerely, KIMLEY-HORN AND ASSOCIATES, INC. ~~ICP V-:.:~Melchor, PE Project Manager Associate/Authorized S igner City of Huntington Beach I 3 Kimley »>Horn REQUEST FOR PROPOSAL VENDOR APPLICATION FORM TYPE OF APPLICANT: ONEW (] CU RRENT VENDOR Legal Contractual Name of Corporation : Ki mley -Horn and Assoc iates, lnc. Co nt act Person for Agreement: _,J""a,.,,so::..n,_,M=el""cl:..:.:10<!.r _______________ _ Corporate Mailing Address: 765 The City Drive, Suite 200 City, State and Zip Code: Orange, CA 92868 E-Mail Address: jason.me lchor@k.imley-hom.com Phone: 714-939-1030 fax: 714-62 1-0368 Co nt act Person for Pro posals: -=D-=av-'-"'e:....:B=a=r=qu=i=st'------------------ Title: Associate E-Mail Address: davc.barquicst@kimlcy-hom.com Business Telephone: _,_7 1""'4"""'-9"""3""'9_.-1~0""30....._ ____ _ Business Fax: 714 -621 -0368 Is you r business: (check one) 0 NON PROFIT CORPORATION (] FOR PROFIT CORPORATI ON ls your business: (check one) ~ CORPORATION D INDIVIDUAL 0 PARTNERSHTP City of Huntington Beach I 0 LIMITED LIABILITY PARTNERSHIP 0 SOLE PROPRIETORSHIP 0 UNTNCORPORATED ASSOCTA TTON I of2 4 Kimley »>Horn Names & Titles of Corporate Board Me mb e rs (A lso I ist Names & T itles of persons w ith written authorizati on/resolution to s ign contracts) Names Title Phone Steven E. Lefion Ceo, President, Director 703-674-1300 JolmC. Atz Chairman, Sr . Vice Pres ident 561 -845-0665 David L. McEntee Vice President, Treasur er, Assistant Secretary 919-677-2000 Tatlllnl'. L. Flanagan CFO, Sr. Vice President, Secretary 919-677-2000 Richard N. Cook Sr. V ice President, Secretaiy 9 19-677-2 000 Federa l Tax Identification Number: 56-0885615 City of Huntingto n Beach Business License Number: _A_2_7_42_9_2 ________ _ (If none, you must obtain a Huntington Beach Business License upon award of contract.) City of Huntington Beach Business License Expiration Date: 12/31/2020 2 of2 City of Huntington Beach I 5 Kim ley»> Horn B. BACKGROUND AND PROJECT SUMMARY SECTION The City of Huntington Beach is requesting the services of a highly experienced Housing Element consultant to assist the City in completing the State-Mandated Housing Element Update. The 6th Cycle Housing Element must be updated to comply with the current RHNA process and new statutory requirements. Kimley-Horn will provide Huntington Beach with seasoned technical specialists to achieve certification by HCD and approval by the City Council within the timeframe established by state law. Our scope of services provides the necessary tasks to achieve statutory compliance, while providing the City with a locally based policy document that reflects the visions and values of Orange County. Unique from prior Housing Element planning cycles , new state legislation has significantly heightened the consequences of not having a certified Housing Element and empowers the state to implement a variety of remedies, such as the provisions of AB 72, to monitor progress and potentially de-certify Housing Elements if they fail to comply with adopted policies/programs in a timely manner. Our scope of services and project schedule reflects adherence with state mandated deadlines and provides an adequate level of schedule buffer to proactively address potential issues with HCD. Additionally, due to the limited funding and financing resources currently available to the City for housing-related activities, a certified Housing Element may help to meet eligibility requirements for future state housing funds, grants and other financial assistance . Our strategic approach considers policies and programs that can maximize Hunting Beach's potential for acquiring grants and other alternative for funding and financing sources. To develop effective planning policy in the City of Huntington Beach, it is important to fully understand the key planning issues in the community. While the Housing Element is a state-mandated policy document, the Housing Element's policy program is a statement of the City's vision and community values. During the community engagement process , many of the City's p lann ing issues will be identified and policy solutions explored. Understanding of Local Context Kimley-Horn understands that the City 's 6th Cycle Housing Element Update will substantially d iffer from the 5th Cycle Update due to new statutory requirements and a significantly increased RHNA allocation of 13,337 units compared to the 5th Cycle allocation of 1,353 units . The City of Huntington Beach is generally considered a "b uilt-o ut" community, with limited vacant land available to accommodate future growth need. This will require the identification of infill opportunities in residential and non-residential areas. Existing land use policy, including Specific Plan areas may facilitate infill and mixed-use development in targeted areas. However, many of these sites may no longer meet the statutory requirements to identify them as appropriate for lower income households. As a result, the City may be required to employ crea tive solutions to facilitate the development of lower income housing to demonstrate the ability to accommodate their State-allocated RHNA need by income category. As part of the 61h Cycle update, the City will be required to comply with new State law to Affirmatively Further Fair Housing (AFFH), which addresses the equitable dispersion of affordable units throughout the City and the preservation of existing "at-risk" affordable housing stock. Kimley-Horn has recent experience working with HCD, local jurisdictions, and commu nities to interpret and fai rly apply recent AFFH guidance during the sth Cycle planning period . Our recent experience working on Housing Elements for SAN DAG and SCAG jurisdictions will benefit Huntington Beach as we understand how to address and analyze these new requirements . City of Huntington Beach I 6 Kimley »>Horn Approach to Successful Completion and Certification Kimley-Horn will effectively manage the update process as an extension of staff in all aspects of the Housing Element outlined in the following scope of services including : • Preparing a Housing Element Needs Assessment • Facilitating community outreach and collaborating with City staff to identify key stakeholders • Preparing all Housing Element components required by state law • Serve as the City's representative and liaison with HCD • Prepare a Public Review Draft Housing Element • Prepare a Final Draft Housing Element based on public and agency comments • Presenting the Final Draft Housing Element at two public hearings before the Planning Commission and City Council • Facilitating HCD collaboration throughout the certification process • Final Adoption by the Huntington Beach C ity Council Compliance with State Housing Law The City's Housing Element must comply with State Housing Element Law to achieve certification by HCD. Kimley-Horn provides Huntington Beach with a unique understanding of Hous ing Element Law, and most importantly, how HCD interprets the law. This will assist City Staff and elected officials in understanding the implications of non-certification. Kimley-Horn will evaluate existing available land resources to accommodate th is projected need in compliance with the statutory requirements of AB 2348 and AB 1397. The new re quirements applicable to sites analysis is a significant issue that should not be understated. Kimley-Horn's recent application of these statutory requirements has facilitated the development of an effective approach to identifying, evaluating and selecting appropriate sites . We util ize unique tools and software, such as UrbanFootprint to identify and evaluate candidate sites to accommodate the City's future RHNA growth need. Community Engagement Kimley-Horn recommends a targeted outreach effort to assist the public, stakeho lders, and elected/appointed officials in understanding the update process , its implications, and the various methods of achieving compliance with State Law. Community engagement in the Housing Element planning process is an important component to an effective and easily implemented policy program . Kimley-Horn 's extensive community outreach experience enables our team to develop effective outreach strategies that achieve community-based support to accurately identify current issues, and craft policy that is responsive to The City's housing needs. Our team is well-versed in conducting outreach in the current COVID-19 environment. We understand the limitations on social gathering and how that can have a demonstrated effect on the level of participation in the planning process. Kimley-Horn has employed several strategies to enhance community engagement, including use of surveys, online meetings , webinars , and live event feeds to encourage participation . Because these restrictions are based on the community and County guidance , we will work with the City of Huntington Beach to find local solutions to outreach to benefit the overall process . City of Huntington Beach I 7 Kimley »>Horn Proactive Engagement with HCD Kimley-Horn believes it is prudent and sound professional practice to involve HCD staff from the initial stages of the update process. Kimley-Horn has enjoyed a long-term and positive professional relationship with HCD staff. It is intended that HCD will be consulted from the very beginning of the Housing Element Update process. This may involve possible visits with HCD staff, informal discussion on policy and programs, and identification of potential issues within the existing Housing Element. Kimley-Horn will continue interaction with HCD throughout the Housing Element Update process in order to resolve any issues and make certification a seamless process . Based on the City's recent experience in the decertification process and the political sensitivities of this process, it is advisable the City take a proactive posture with HCD to ensure communication is open and effective to assist the City in achieving local goals and complying with statutory requirements . New Legislative Considerations The State of California's recent passing of numerous Housing Bills is indicative of a significant trend towards increasing the expectations on local governments to make their contributions to meeting state housing needs . In our recent experience, Kimley-Horn can testify to the validity of the State's newer, more aggressive approach to Housing Element compliance. A variety of new laws have been adopted that will influence the C ity's policy and program considerations . The charts included in the Appendix (2018 and 2019 Legislation and City Considerations) provide a summary of recently enacted laws and the methods/strategies and responses the City can take to address them . We have directly applied these recently enacted laws , negotiated with HCD , and developed workable policy and program solutions for our local government clients. The City of Huntington Beach will greatly benefit from our recent work as it will enable more efficient review and negotiation with HCD during the certification process . APPROACH AND METHODOLOGY Kimley-Horn has reviewed the City's RFP and understands the statutory deadline for certification of Housing Elements in the SCAG region is October 15 , 2021 . Kimley-Horn understands that the City would like to achieve HCD certification prior to the statutory deadline. Kimley-Horn understands that much of the analysis for the Housing Element will rely on data from a variety of sources including American Community Survey, DOF, HUD, SCAG and other federal state and local sources. Getting the most accurate picture of existing and future needs w ill require the utilization of the most c urrently available data. We further understand that SCAG has not made a final determination of the City's RHNA obligation. We will work closely with the City to monitor the release of these RHNA growth need allocations expected in early Fall of 2020. Approach to Success/ ul Update Process Kimley-Horn will function as an extension of Huntington Beach staff throughout the planning process to reduce the need for unnecessary staff time and commitments to complete the Housing Element update. The Kimley-Horn team will provide the primary leadership for conducting al l aspects of the work effort. As the City's Housing Element consultant, we recognize that it is our responsibility to conduct the necessary analysis , assist in educating the community , loca l stakeholders, and e lected officials, and use our expertise and e xperience to assist the City in a successfu l update process. City of Huntington Beach I 8 Kim ley »>Horn The following scope of services is consistent with the City's requests for services outl ined in the RFP and represents an approach to the 5th Cycle Housing Element Update that our team has found to be effective in achieving certification. The 5th Cycle requires analysis, public review periods, and community outreach efforts above and beyond what has been typically included in previous Housing Element Cycles. This scope of services has been tailored to meet the requirements of the update process as outlined by HCD while promoting collaboration with community members, elected officials, and other local stakeholders. We have also included a Project Schedule at the end of Section C. C. METHODOLOGY SECTION Task l : Scope of Services and Process Task 1.1 : Project Kick -off Kimley-Horn will participate in a Kick-Off Meeting with City staff to discuss the update process , answer questions, provide data , and exchange other important procedural aspects of the Housing Element Update. The meeting will address the following: • Technical Assistance in RHNA process, as applicable • Review/Modify Scope of Work and Schedule Task 1.1 Deliverables: • Kick-off Meeting Agenda • Kick-off Meeting Minutes Task 1.2 : Project Schedule • Define Outreach Methodologies • Data Sharing/Exchanging • Meetings and Public Engagement Kimley-Horn will develop and maintain a project deliverables schedule outlining major milestones, meetings, work products , community outreach events, subcommittee meetings , and pub li c hearings . The Project Team will provide regular tracking and updating of the project schedule so that Huntington Beach stays on schedule throughout the Housing Element Update process. The project deliverables schedule will include all tasks within the Scope of Work and accommodate anticipated City and agency review times . Kimley Horn has reviewed the City's draft schedule included in the RFP . We have noted a number timing issue that may come into conflict with statutory requirements . The schedule contained in this proposal addresses the concerns. We further welcome additional discussion during the initial phases of the update process . Task 1.2 Deliverables : • Project Schedule (Upd ated as needed) City of Huntington Beach I Kimley »>Horn 9 I nnt 7 7 r'l4 .f l'\IV 'l " Task 2 : Project Team Coordination Task 2.1: Project Management and Coord i nation Meetings Kimley-Horn will meet regularly with the project team to coordinate project deliverab les , data, and public meetings . The scope and fee provided assume monthly phone meetings will occur throughout the duration of the project and face -to-face meetings when circumstances warrant. It is assumed that five meetings with staff will occur during the update process for project management, project updates and strategy planning. Additional phone conferences and coordination is anticipated to occur throughout the process. Task 3: Housing Element Components Task 3 .1 : Document Review Following the Kick-Off Meeting , Kimley-Horn will provide City of Huntington Beach staff w ith a listi ng of pertinent data that is necessary to comp lete the work program . Kimley-Horn w ill only request data that is proprietary to the City and not available publicly . Kimley-Horn will review all appl icable City, regional, and State documents pertaining to the Housing Element update . This may include various policy and regulatory documents and other assistance programs. Kimley-Horn will be responsible for identifying and resolving any information gaps . Kimley-Horn anticipates a "turnkey approach" for data collection to the greatest extent feasible and will only request information that is proprietary to the City to minimize the work effort by City Staff. Task 3 .1 Deliverable • Document Library List Task 3 .2 : Evaluate the Current Housing El e ment As requ ired by State law, Kimley-Horn will review and evaluate the srn Cycle 20 14-2021 Hous ing Element (as recently recertified in 2020) and its programs . In general , the task will include a review of the appropriateness of the housing goals, objectives , and polices in contributing to the attainment of the stated housing goal ; the effectiveness of the Housing Element in atta in ing community housing goals and objectives; and the City's progress in implementing the Housing Element. The report will include the following information: • Evaluate the status, effectiveness, and appropriateness of the current housing policy programs and identify any barriers to implementation • Compare identified goals from the adopted Housing Element to actual accomp lishments during the plan period • Evaluate the existing Housing Element in relation to current State housing laws and identify any omissions or deficiencies Task 3 . 2 Deliverable • Review of Past Performance Matrix Task 3 .3 : Hou s ing Needs, Con straints , Re source s, Popu l ation , a nd Hou sing Profi le As required by State law, Kimley-Horn will assess housing needs , constra ints , and resources available . A population and housing profile will be conducted that summarizes , popu lation and household characteristics , analysis of special needs populations, and units at risk of converting to market rate units. Housing constraints will identify non-governmenta l, governmental , and City of Huntingtor:i Beach I 10 Kimley»>Horn environmental constraints that may influence housing . Housing resources such as availability of vacant land , zoning to accommodate RHNA growth needs , and capacities of available s ites w ill be analyzed. Funding and financing resources available to address existing and future housing market conditions and needs will be identified . Opportunities for energy conservation will also be explored . Based on new housing law, the adequate sites analysis will be much more in-depth and detailed compared to prior planning periods . It is Kimley-Horn's experience that the new law will necessitate a more detailed study of adequate sites to satisfy HCD standards. Task 3.3 Deliverables • Housing Profile Report • GIS Based Inventory of Sites • Adequate Sites Analysis • Data Tables , Maps, and Relevant Text Task 3.4 : Summary Matrix of Applicable Housing Legis l ation Kimley-Horn will develop a summary matrix of applicable housing legislation that may affect the C ity's Housing Element. The matrix will identify the applicable statutory references to the government code , the statutory provisions and the implications it may have fo r Huntington Beach . A General summary of this type of information is provided in the Appendices to this proposal. The Matrix will be provided in digital format, so that users can download/view the excerpts from state law, HCD guidance memorandums and other applicable provisions . Kimley-Horn believes this will be useful tool in providing a knowledge base for staff, decision-makers and the public to benefit the overall planning process. Task 3.4 Deliverable • Housing Legislation Matrix (Digital and Print Formats) Task 3 .5 Develop Housing Plan Kimley-Horn will develop a Housing Plan that constitutes the policy component of the Housing Element. The Housing Plan may include prior policies from the 2021 -2029 Housing Element that are still appropriate and will be supplemented by new policies and programs that add ress new statutory requirements. The Housing Plan will identify pol icies and programs to address Conservation and Improvement, Availability and Production , Affordability , Removal of Constraints, and Equal Housing Opportunity . Policies and programs will be supplemented with Quantified Objectives by income category . Task 3 .5 Deliverables • Housing Policy Plan Task 4: Community Engagement Task 4 .1 Community Outreach Plan • List of Quantified Objectives Kimley -Horn will employ an approach to public participation that provides for meaningful input and involvement. Kimley-Horn will conduct a minimum of two community engagement workshops to solicit public comments on the Housing Element Update prior to initiating work on Housing Element components . Based upon coordination with City Staff, the Kimley-Horn team will formulate a Community Outreach Program that addresses the outreach strategies, dates, locations , participants and othe r relevant City of Huntington Beach I 11 Kimley »>Horn data. This Outreach Program will guide the outreach process for the Housing Element and will be updated as needed . Utilizing a variety of "too ls" such as PowerPoint presentations, informational handouts , visua l aids, and Social Media, Kimley-Horn will prepare and deliver materials to he lp workshop participants understand the update process, issues to resolve (as identified during the current Housing Element Evaluation), and potential solutions. It is assumed that City staff will be responsible for the scheduling of venues, staff coordination, and provide public noticing , facilities, set-up for all commun ity engagement activities. In consideration of the current COVID-19 environment, our team understand the limitations on social gathering and how that can have a demonstrated effect on the level of participation in the planning process. Kimley-Horn can utilize a variety of strategies to enhance community engagement, including use of surveys , online meetings, webinars, and live event feeds to encourage participation . Those options and opportunities can be further explored during the kickoff meeting . Huntington Beach City Staff will be responsible for coordination and particip ation associated with venue and event scheduling and public dissemination of information via the City's website and other methods in collaboration with the City's public information officer. Task 4 .1 De liverable • Draft Community Outreach Plan in electronic format Task 4 .2 Commun i ty Workshop #1 -lntrod ucti on and Policy Considera t ions Kimley-Horn will facilitate an initial community workshop with the publ ic and stakeholders to discuss the Housing Element update process . Kimley-Horn will prepare and deliver a PowerPo int presentation , informational handouts , visual aids, and other materials. In collaboration with City staff, Kimley-Horn will identify key stakeholders . The meeting will introduce participants to the RHNA process, Housing Element requirements , legislative requirements and engage in the identification of policy considerations. Participants will identify challenges, issues , and opportunities facin g housing in Huntington Beach that will inform policy within the Housing Element. Task 4 .2 Deliverables • Electronic copies (in PDF format) of draft presentation, handouts, etc. • Preparation of facilitation of Workshop • Summary Workshop notes Task 4.3 Commun ity Workshop #2 Kimley-Horn will facilitate a second community workshop with the public and stakeholders to discuss the Public Review Draft Housing Element. Workshop #2 will build upon the information learned from Workshop #1 and provide draft analysis , policies , and programs for review and discussion. Kimley-Horn will prepare and deliver a PowerPoint presentation , informational handouts, visual aids, and other materials. In collabo ration with City staff, Kimley-Horn will identify key stakeholders. Task 4.3 De liverables • Electronic copies (in PDF format) of draft presentation, handouts , etc. • Preparation of facilitation of Workshop • Summary Workshop notes City of Huntington Beach I 12 Kim ley »>Horn Task 4.4 Community Outreach Survey Tool (OPTIONAL) Kimley-Horn understands that a flexible community outreach strategy is critical to gathering diverse and meaningful input form the community. The COVID-19 pandemic is altering the way that cities are approaching community outreach during the 61h Cycle Housing Element Update as participants may be less likely to attend traditional community workshops, even when possible. Provided the City would like to explore alternatives or in addition to "in-person" community outreach workshops, Kimley-Horn will provide a web-based outreach tool utilizing MetroQuest. The web- based survey tool includes analytics to evaluate community input on locations for potential housing , housing goals , policies, and programs. The commun ity survey provides an alternative method for gathering public participation that allows res idents and stakeholders the flexibility of participating at a time that works for the ir schedule . The tool also provides tangible data that can be incorporated into the Hous ing Element to quantify the City's outreach efforts to HCD. Task 4.4 Deliverables • Set up, launch and running of outreach survey tool in coordination with City Staff • Summary report of survey results • Review of survey data and incorporation into the Housing Element Tas k 4 .5 Study Session with City Coun c il Kimley-Horn will attend and facilitate one (1) study session /meeting wi th the C ity Council. Council will not take any formal action at these meetings. These meetings will be used for interim discussion prior to formal Public Hearings late r. The Study Session will serve as an educational opportunity to present info rmation on new housing-related state law, elements of the 6th Cycle Housi ng Element Update process, and other project-related information determined to be important by City Staff. As part of the work plan refinement process, Kimley-Horn can discuss with City staff the most effective approach for these meetings, including opportun ities for involvement of key stakeholder groups, non-profits, and other members of the community . Additional Study Sessions may be conducted at the request of City Staff as additional services not assumed in this proposal. · Task 4. 5 Deliverables • Electronic copies (in PDF format) of draft presentation , handouts , etc. • Preparation of facilitation of Study Session • Summary Study Session notes Ta sk 4 .6 Study Se ssi on with Planning Commi ss ion Kimley-Horn will attend and facilitate three (3) study sessions/meetings with the Planning Commission . Study Session content will be similar to the C ity Council Study Session described previously . Kimley»> Horn 13 Task 4. 6 De liverables • Electronic copies (i n PDF format) of draft presentation , handouts, etc. • Preparation of facilitation of Study Session • Summary Study Session notes Task 5 : Draft Housing Element Kimley-Horn will prepare a Screencheck Draft, Public Review Draft, and Final Housing Element. Task 5 .1 Screencheck Draft Kimley-Horn will prepare and submit a Screencheck Draft Housing Element to the City for review. The Screencheck Draft will be a complete draft document and include all required statutory content. The draft will provide tables , maps, and graphics . Task 5.1 Deliverables • One electronic copy (in native file format and PDF format) of the Screencheck Draft Housing Element for City review and comment • One reproducible copy of the Screencheck draft Task 5 .2 Pre -HCD Submittal Public Review Draft Kimley-Horn will prepare a Pre-HCD Public Review Draft Housing Element based on feedback received during the public review process to be reviewed prior to the formal submittal to HCD for initial review. The public review of the Draft Housing Element prior to review by HCD has been requested for 61h Cycles to make certain that public comments are reflected in the Draft document. Kimley-Horn will provide appropriate responses to public comments on the draft document. This will be beneficial to the City, as issues can be identified and addressed from thi rd parties prior to HCD's formal review. It is recommended the City perm it a 30-day public review period. Task 5.2 Deliverables • One electronic copy (in native file format and PDF format) • One reproducible copy Task 5.3 HCD Subm i ttal Following all initial comm unity outreach workshops and meetings, Kimley-Horn will prepare summary notes or minutes of the commu n ity workshop , and a summary of all other comments received during the public review period described in previous tasks . The HCD Submittal draft will incorporate all community and stakeholder feedback as well as staff comments based on community/third-party input. Once the Draft Housing Element is finalized , it will be submitted for an initial 60-day review to the Kimley»> Horn 14 Department of Housing and Community Development (HCD) after requ ired meetings and approvals from the Planning Commission and City Council. Kim ley-Horn will prepare a transmittal letter to HCD detailing how the Housing Element meets State law requirements . The Draft Housing Element will be accompanied by a completed Completeness Review Checklist. Task 5.3 De liverables • One electronic copy (in native file format and PDF format) of the HCD Draft Housing Element • electronic copy (in native file format and PDF format) of the transmittal letter and checklist Task 5 .4 Response to Comments Kimley-Horn will coordinate the preparation of responses to any comments or requested revisions to the HCD Review Draft Housing Element. Based on our recent experience, the City should be prepared to receive cons iderably more comments during this Cycle. Task 5.3 Deliverables • Summary Matrix of Response to HCD Comments Task 5.5 Public Review Draft Kimley-Horn will prepare a Public Review Draft Housing Element based on comments from HCD for release to the public for review prio r to scheduled adoption hearings. Kimley-Horn will resolve any issues and make requested rev isions to the Draft to the satisfaction of the City prior to Public Hearing . Task 5. 5 De liverables • One electronic copy (in native file format and PDF format) • One reproducible copy Task 5 .6 : Fi na l Draft Housing El ement Following review by HCD, Kimley-Horn will revise the appropriate sections and prepare a Final Draft Housing Element to be presented at public hearings before City Council. Task 5. 6 De liverable • One electronic copy (in native file format and PDF format) of the Final Draft Housing Element Task 5.7 : Transmittal of Final Adopted Housing Element to HCD Kimley-Horn will transmit the Final Housing Element to HCD for final certif ication and will maintain ongoing communication with the State until the Housing Element is Kimley»> Horn 15 officially deemed certified. As required by state housing element law, the final adopted document must be provided to HCD prior to deeming the Housing Element certified by the State. Task 5. 7 Deliverable • Ten (10) bound copies of the adopted Housing Element Document for distribution Task 6 : Environmental Compliance The City of Huntington Beach General Plan Update Program Environmental Impact Report (PEI R) (Atkins, 2017) assessed the potentially significant environmental effects of the City of Huntington Beach General Plan Update (GP U). The project analyzed in the PEIR consisted of adoption and implementation of the GPU, which established an overall development capacity of 85,403 dwelling units (DU), 50.4 million square feet of non-residential land uses , and a population of 211,051 persons by 2040 (GPEIR Table 3-3). Based on the RHNA allocation and anticipated inventory of candidate housing sites, it is anticipated that General Plan amendments/zone changes (i.e., "the Project") would be required to accommodate RHNA growth needs. Additionally, Infrastructure Element amendments would be required. These changes are anticipated to exceed the forecast development capacity analyzed in the GPEIR, requiring a Supplemental or Subsequent EIR (SEIR). Given the prior PEIR, the SEIR will identify the following: substantial changes (if any), which would require major revisions to the PEIR; substantial changes (if any) concerning the project circumstances, which would require major revisions to the PEIR ; and new information, which was not known and could not have been known at the time the PEIR was certified. For each of the environmental issues noted below, the SEIR will evaluate the Project impacts relative to existing conditions and compare those to the PEIR. Issues that are considered adequately addressed in the PEIR will be summarized in the SEIR. One of the key decisions with this Project and SEIR, is how best to address the proposed Project considering the PEIR, to what extent issues are deemed adequately addressed , and how best to document these decisions within the SEIR. As discussed further in our Scope of · Work below, Kimley-Horn recommends that the SEIR scope be focused through preparation of an Initial Study. Based on verified baseline conditions and the Draft HEU , our Environmental Team will work closely with the HEU Team and City to develop the "CEQA Project." Our Environmental Team will also work closely with our internal technical/engineering partners and City to refine the environmental technical approach and SEIR scope. Kimley-Horn's proven collaborative approach helps id entify environmental issues early in the HEU process to "self-mitigate" the Project to avoid/reduce potential impacts; increase efficiency; improve technical quality/accuracy; and avoid loss of time/data. Kimley»> Horn 16 Kimley-Horn will provide the Scope of Servi ces specifically set forth below . This Scope of Services has been· prepared based upon Kimley-Horn's understanding of the Project issues and experience with similar issues and projects. This Scope assumes the following: • Baseline conditions, Project Description (based on the City-approved Draft HEU), and approach will not change once the City issues Authorization to Proceed. • The SEIR will address the Project's potential environmental impacts at a programmatic level. • For each deliverable , Kimley-Horn will : o Respond to one reconciled set of City comments-additional City review cycles are excluded, o Provide a "redline copy" that reflects the proposed edits and responds to the City's comments, and o Provide a "final screencheck" copy for City approval prior to finalizing/reproduction . • City comments will not raise new substantive issues requiring re-analysis. TASK 6.1 : PRO JECT SCOP I NG Task 6.1.1: Project Kick -Off This Task includes a Kick-Off Meeting with the City and Applicant to discuss the HEU, proposed amendments, etc., and the "CEQA Project" i n greater detail. The meeting 's primary objectives will be to confirm the City's e xpectations and Project goals and develop/refine the Project Description. The analysis parameters, baseline conditions, construction details, buildout conditions , schedu ling , and overall communications protocol will also be established. Prior to the meeting , Kim ley-Horn will distribute a Kick-Off Meeting Agenda and Data Needs TM. Task 6.1.2 : Research and Survey Readily available reference data, including planning and policy documentation f rom the City , County, state and federal agencies, and other agencies that may be affected by the Project will be collected and reviewed. Data obtained through th is Task will be foundational to the environmental documentation and incorporated into the analysis, as appropriate . Task 6.1 De /iverables:1 • Kick-Off Meeting Agenda ; Kick-Off Meeting Notes and Action Items; and Data Needs TM 1 All deliverables will be submitted to the Ci ty in electroni c format (MS Word and PD F), in addition to specified copi es. Kimley»> Horn 17 TASK 6.2: PROJECT DESCRIPTION Building on the CEQA Project i nformation obtained at the Project Kick-Off Meeting and the Draft SP, Kimley-Horn will prepare a Draft Project Descr iption for City review and approval. The Project Description will detail the Project's location , environmental setting , background and history, characteristics , discretionary actions , goals/objectives, construction schedule/phasing, agreements , and required permits and approvals. Kimley-Horn will prepare ex hibits to depict the regional v icinity , candidate housing sites, and key Project components to support the environmental analyses . Task 6.2 Deliverables: • Draft Project Description ; and Final Project Description TASK 6.3: SENATE BILL 18 AND ASSEMBLY BILL 52 NATIVE AMER IC AN COMMUNICATIONS AND SACRED LANDS FILE SEARCH Kimley-Horn will provide Senate Bill (SB18) and Assembly Bill (AB52 ) Native American communications assistance, as directed by the City . Kimley-Horn will contact the Native American Heritage Commission (NAHC) to request a Sacred Lands File (SLF) Search and an SB18 list of Native American tribes and individuals to contact. Using the NAHC's SB 18 list, Kimley-Horn will draft SB18 letters for City distribution. The letters' objective will be to contact the identified entities to discern whether a tribe or individual has knowledge of cultural resources within the Project bounqaries. Using the City's California Native American tribal contacts list, Kimley- Horn will draft AB52 letters for City distribution . A request for consu ltation would require the City to enter a consultation process. Noticing results will be incorporated into the SEIR. Task 6.3 Deliverables: • SB18 Letters ; and AB52 Letters TASK 6 .4 : I NIT I AL STUDY/NOTICE OF PREPARATION (IS/NOP) Task 6.4.1: Screencheck IS/NOP Kimley-Horn will prepare an IS in accordance with Public Resources Code §§21080(c)-(e) and State CEQA Guidelines §§15060-15065 . The IS will be patterned after State CEQA Guidelines Appendix G and w i ll describe the Project's location , environmental setting/baseline condit ions, and characteristics . The IS ' main body w ill consist of an environmental checklist and the supporting environmental analyses . Kimley-Horn will e x plain all responses and "No Impact" responses w ill be supported by cited information sources. The responses will consider the whole action involved with the Project: on -and off-site , Project-and cumulative-leve l, direct and indirect, and short-term construction and long-term operational. The e xplanation Kimley»> Horn 18 of each issue will also identify the significance criteria or threshold used to evaluate each question. Upon IS completion , a conference call will be scheduled to communicate to the City/Applicant preliminary environmental review findings and critical path items/issues. In consultation with and as directed by the City , Kimley- Horn will proceed with finalizing the IS, initiating the CEQA compliance documentation through the NOP, and preparing an SEIR. Task 6 .4 .2: IS/NOP Completion · Kimley-Horn will respond to one reconciled set of City comments on the screencheck IS/NOP . Kimley-Horn will provide the City with a red line copy that reflects the proposed edits and responds to the City's comments , and a final screencheck for approval prior to finalizing/reproduction . Task 6.4 Deliverables: • 5 copies screencheck IS/NOP; • 3 copies final screencheck IS/NOP ; • 3 bound public review IS/NOP ; • 1 unbound reproducible public review IS/NOP; • 15 hard copies State Clearinghouse (SCH) Summary Form for Electronic Document Submittal; and • 40 flash drive public review IS/NOP (15 to SCH + 5 to City + 20 Distribution List) TASK 6 .5 : SCOPING MEETING A Public Scoping Meeting will be scheduled during the NOP pub lic rev iew period to orient the community on CEQA's intent and review processes , and the environmental issues to be addressed in the SEIR. The Public Scoping Meeting will also enable the community to understand the project and comment on environmental concerns . Kimley-Horn will provide graphics to supplement the discussion, as appropriate. Comment forms will be provided for this purpose , and the written comments , along with oral comments, will become a part of the project record . Task 6. 5 Deliverables: • Graphics; Comment Forms ; Powerpoint Presentation TASK 6.6 : CEQA NOTICES Kimley-Horn will prepare and distribute the SEIR CEQA Notices outlined below. The Notices will be distributed via certified mail to the SCH and all responsible, trustee, and interested agencies , community groups, and individuals, and filed with the Kimley»> Horn 19 County Clerk. Distribution will be based upon a City-provided Distribution Li st. This Scope excludes radius mailing , newspaper notices , and payment of CDFW fees . • Notice of Preparation (NOP), • Notice of Ava ilabil ity (NOA), and • Notice of Completion (NOC), • Notice of Determination (NOD). Task 6 . 6 De liverables: • Ea ch : Draft and Final Notice (NOP , NOC , NOA, NOD) TASK 6.7: PUBLIC REVIEW DRAFT SEIR Following a determination that the proposed Proj ec t could ha ve a significa nt effect on the environment, and during the IS/NOP public review pe ri od , Kim ley-Horn will i nit iate preparation of a SEI R. Task 6.7.1: Screencheck Public Review Draft SEIR Kimley-Horn will prepare the Draft SEIR, which will consist of the following sections : a. Executive Summary b. Introduction and Purpose c. Project Description d . Basis for Cumulative Analysis: This Task assumes a maximum of 16 hours for consultation with other jurisd ictions , including preparation of letters and cumulative projects list. e . Environmental Analysis: Building on the IS' findings, Kim ley-Horn w i ll conduct an analysis to evaluate the Project's potentially signi ~icant effects on t he environment. The environmental analysis will be based upon readily available data, the Technical Studies identified above, and results from additional research . The significance criteria/thresholds used to evaluate each issue will be identified and patterned after recently amended State CEQA Guidelines Appendix G. The environmental analysis will cons ider all project phases , including planning , acquisition , development, and operation . The analysis will consider the whole action involved with the proposed proj ect: on-and off-site , project-and cumulative-level , direct and indirect, and short-term construction and long-term operational. Explanations will be prov ided for all thresholds including "No Impact" responses , which will be supported by cited information sources. The environmental analysis will identify and focus on the project's significant environmental effects , as well as envi ronmen tal issues raised during the scoping process (NOP responses, Pub lic Scoping Meet ing , an d other relevant and valid informative sources ). For each sig ni ficant adverse i mpact, the environmental analysis will also identify f e as ible mitigation measures, which could avoid or reduce the impact. Prelim inarily, the project's key environm e ntal considerations are : • Aesthetics • Cultural Resources • Air Quality • Energy • Biological Resources • Geology, Soils, Paleo . Resources Kim ley»> Horn 20 • Greenhouse Gas Emissions • Hazards and Hazardous Materials • Hydrology and Water Quality • Land Use and Planning • Noise • Population , Housing , Employment • Publ ic Services • Re c reation • Transportation (VMT no LOS analysis) • Tribal Cultura l Resources • Utilities and Service Systems The IS findings will be used to verify the environmental iss ues with potentially significant effects . f. Other CEQA Considerations g. Alternatives to the Proposed Action : Kimley-Horn will provide an analysis of a "reasonable range " of alternatives, comparing each alternative 's impacts in each environmental issue to the project. Preliminarily , the range of Alternatives will consist of the No Project/No Development Alternative and two other Alternatives to be developed through th e envi ronmental analysis process in consu ltat ion w ith the City . For each alternative, Kimley-Horn wil l qualitatively analyze the environmental issues outlined above. h. Effects Found Not to be Significant i. Organizations and Persons Consulted Task 6.7.2: SE IR Graphics Kimley-Horn will prepare approx imately 20 exhibits to e n hance the written text and clarify the proposed project environmental impacts . Our i n-house graph ic design team will create black and white or full-colo r e xhibits , as well as covers and dividers for the SEIR and Technical Appendices . This task assumes the City's Geographic Information Systems (GIS) Division will assist with map/e xhibit production to depict candidate housing sites baseline conditions and resource presence/absence. This City-provided data will serve as basis for impact analyses . Task 6.7.3: Public Review Draft SEIR Completi on Kimley-Horn will respond to one reconciled set of City comme nts on the screencheck Draft SEIR. Kimley-Horn will prepare a final screen c heck of the Draft SEIR and submit to the City (along with a redline copy of the sc reencheck Draft SEIR) for approval prior to public release . This Task assumes that the Project Description will not change , and the comments will not ra ise new substantive issues requiring re-ana lys is . Tasks 6. 7 Deliverables: • 5 copies screencheck Draft SEIR ; • 3 copies final screencheck Draft SEIR ; • 3 bound public review Draft SEIR; • 1 unbound reproducible public review Draft SEIR ; · • 15 hard copies SCH Summary Fo rm for Electronic Docu ment Subm ittal ; Kimley»> Horn PAGE 2 1 • 40 flash drives Public Review Draft SEIR & Technical Appendices (15 to SCH + 5 to City + 20 Distribution List) TASK 6.8: FINAL SEIR Kimley-Horn will initiate preparation of the Final SEIR during the public review period. Task 6.8.1: Screencheck Final SEIR Kimley-Horn will prepare the Final SEIR, which will consist of the following sections: a. Introduction b . List of Commenting Persons , Organizations , and Public Agencies c. Comment Letters d. Responses to Comments: Kimley-Horn will respond to written comments received during the public review period and additional comments raised during public hearings concerning significant environmental issues. It is noted that the extent of public/agency comments that wi ll result from the public review process is presently unknown. Kimley-Horn has budgeted conservatively, assuming a maximum of 80 hours for completion of the screencheck Responses to Comments. Should the level of comments and responses exceed the assumed effort, services w ill be provided on a T&M basis . e. Errata to the Draft SEIR , if required . Task 6.8.2: Final SEIR Completion Kimley-Horn will respond to one reconciled set of City comments on the screencheck Final SEIR. Kimley-Horn will prepare a fina l screencheck of the Final SEIR and submit to the City (along with a redline copy of the screencheck Fina l SEIR) for approval prior to finalizing. Tasks 6.8 Deliverables: • 5 copies screencheck Final SEIR; • 3 copies final screencheck Final SEIR ; • 3 bound public review Final SEI R; • 1 unbound reproducible public review Final SEIR; • 5 flash drives Public Review Final SEIR TASK 6 .9 : MITIGATION MONITORING AND REPORTING PROGRAM Kimley-Horn will prepare a Mitigation Monitoring and Reporting Program (MMRP) to be defined through coordinating with the City to identify appropriate monitoring steps/procedures, to provide a basis for monitoring such measures during and upon project implementation. The MMRP Checklist will serve as the foundation of the proposed project's MMRP. The Checklist indicates the mitigation measure number, mitigation measure, monitoring milestone, method of verification (documentation , Kiml ey»> Horn PAGE 22 field checks, etc.), and a verification section for the initials of the verifying individual, date of verification , and pertinent remarks . Task 6. 9 Deliverables: • Draft MMRP; and Final MMRP TASK 6 .10: PROJECT MANAGEMENT AND MEETINGS/HEARINGS Task 6.10.1 : Project Management Ms . Rita Garcia will be responsible for CEQA Project Management, including overall Environmental Team management and coordination, and ongoing consultation with the City. Ms. Garcia will undertake consultation and coordination of the Project and review the SEIR for CEQA compliance. Ms. Garcia will coordinate with all technical and support staff, toward completion of the SEI R. Task 6.10.2: Meetings and Hearings Ms . Garcia and one additional staff will attend the meetings/hearings and conference calls and represent the Team, as appropriate . This Task assumes a maximum of 62 hours for meetings/calls , including preparation, attendance, arid follow-up, as appropriate. Should the City determine that additional time beyond the assumed is required, services will be provided on a T&M basis . Assumed Meetings/Hearings : • 5 Staff Meetings (incl. Kick-Off Mtg.) • 1 Scoping Meeting Task 6.10 Deliverables: • 2 PC Public Hearings • 1 CC Publ ic Hearing • Agenda (per meeting, as appropriate); Minutes and Action Items (per meeting, as appropriate) Task 7: Public Hearings The Kimley-Horn team will prepare for and attend up to three (3) total Public Hearings . These meetings include two (2) Planning Commission and one (1) City Council Public Hearing . Kimley Horn will prepare a PowerPoint presentation and be prepared to answer questions. Task 6 Deliverables • One electronic copy (in native file format and PDF format) of the PowerPoint presentation • Attendance by up to two (2) Kimley-Horn staff members Kiml ey»> Horn PAGE 23 Task 8: General Plan Consistency Amendments and Zoning Code Amendments {OPTIONAL) As an optional task, Kimley-Horn team will prepare amendments to the City's Land Use Element and Zoning Code to provide internal consistency with the General Plan . While the Specific depth and breadth of these changes are not known at this time , a general budget has been reserved to accommodate this task. Kimley Horn understands that the specific details of these changes will be known after the development of the Draft sites analysis and policy program. Therefore , the specific scope and effort for this task will be further defined subsequent to the completion of these tasks. A lump sum fee is included in the Fee Schedule to accommodate the estimated effort. Task 6 Deliverables • General Plan Land Use Amendment Text and Maps • Zoning Code Amendment Text and Associated Tables, Graphics, etc. City of Huntington Beach I 24 I n ot 1 ! O Proposed Draft Project Schedule TASK t . PROJECT KJCKO f 1, l Pro!tct Kk:k-of Me etina 1.2 P10lfoet SchedUe 1.2 P ro!Kt Coordnation I TASK 2: PROJECT TEAM r.ooRDINATtON I I I I I I I I I I 2.1 PM and Co«dn•tioo IT.ASK 3• REGIONAL HOUSING 8 3. 1 Document RNew I I 3.2 EwMate current Houlin11 Element I 3.3 Housina Needs Con'itrailnts Resourc" tnd Prol!t 3.4 Hous"1a Le<Hlation 3.5 O.\ltfoo Houslna Pl an . IT.ASK if: COMM UM 4,1 Co outreach Plan 4.2Co WOfklLnftDl1 ... 3Com Wot!< r2 4,5 Pl.Wno Commission StixN SHtlon 4 8 C.tv Counci StudY Session 4, 7 RHNA A~ Committee TASK a: DRAF . HOUSING lli!M!NT 5.1 Screenchtck Oralt ~<WDaft 3 :NTl.ffitnts 5,5 Public RN'tm Draft 5.8 Final Draft. Housinn Element 5.7 Flnaf Transmittal to 1t1d Contsoandenc1 v.ilh HCO : 1: csn.11. COMPU S.OCEQA lance I I TAS K 7: PUBLIC HEARINGS 7.0 Public HtMnas I I ,., .. MNO 8.0 GP Consistenev Amtndmetns I T t : FISCAL ANALY81R 9.0 Flsclli Anatvsls I I I I .I I I I I I Noto: Ontr Sehtdul• I• tor dltcUsfion purpo1e.1 only and will be revlaed upon project comm enc.mom. City of Huntington Beach I 25 D. STAFFING We offer a highly skilled , ex perienced, and responsive team of professionals that have a proven record of successfully working municipalities on Housing Element requiremen ts and polic ies , and the preparation of Housing Element Updates. Our team is led by project manage r Dave Barquist, AICP, and is supported by a highly integrated team that offers a depth of Housing Element knowledge and demonstrated leadership in helping local agencies meet Housing Element require ments. We have included resumes for our key team membe rs on th .e following pages . David Barqulst, AICP Ri ta Garcia Nick Chen, AICP I •1wew• •w1,;;mL•@• ..._ Environmental Analysis Nick Chen, AICP Davi e! Barqulst, AICP David Barquist, AJCP Rita Garc ia Matt Horton, AJCP Nick Chen , AICP Nick Chen , AICP Achilles Mallsos Alex Howard Professional Credentials • Bachelor of Science, Urba n a nd Reg i onal Pla nning , California State Po lytec hnic Univers ity, Po m ona • America n Ins titute of Certified Plan ners (AICP) #013 476 Prathna Maha raj Molly Mendoza DAVE BARQUIST, AICP Molly Mendoza Brian Leung Prathna Maharaj Project Manager, Principal-in -Charge, Planning/Policy, Outreach Dave has over 25 years of public and private secto r plann ing e xperience , including e xtensive policy and program analysis for local and regional Housing Elements that encompasses constraints and resources analysis , housing needs assessme nts , conditions surve ys , and housing affordability studie s . His e xperience in c ludes direct involvement in the management and pre paration of more than 50 Hous ing El ement Updates in all RHNA plann ing pe riod s sin ce the 1990s. Sample of Recent Relevant Experience Encinitas 6th Cycle Housing E lement, Encinitas, CA -Project Manag e r Del Mar 6th Cycle Housing Element, De l Ma r CA -Proj ect Manage r Solana Beach 5 th Cycle Housing Element, Solana Beach , CA -Princi pal in Charge Coronado 6 th Cycle Housing Element, Coronado , CA -Project Manage r City of Huntington Beach I 26 Professional Credentials • Master of Urban and Regional Planning, University of Californi a, Irvine • Ba chelor of Scien ce, Landsca pe Architectu re, Ca lifornia State Polytechnic Un ive rsi ty, Pomon a • Ameri can In stitute of Professional Credentials • Bac helor of Science, Urban and Regional Planning, California State County of Orange 5 th Cycle Housing Element, Orange Co u nty, CA -Project Manager City of Fountain Va ll ey Housing Element, Fou ntain Valley , CA -Project Manager City of Anaheim Housing Element, Anaheim , CA -Project Manager City of Orange Housing Element, Orange, CA -Project Manager City of Placentia Housing E lement, Placentia , CA -Project Manager NICK CHEN, AICP GIS/Graphics, Planning/Policy, Outreach Nick is a community planner and urban designer with over 8 years of public and private sector planning experience engaging communities as a part of a w ide range of planning efforts , from housing policy and entitlement to visioning and long-term strategic planning. His work includes housing element policy, urban design , community visioning, economic development plans , and community outreach. He has completed formal training in community outreach and facilitation with the International Association of Public Participation. Sample of Recent Relevant Experience City of Chino 2021 -2029 Housing Element Update, Chino , CA -Project Manager C ity of Encin itas 2014-2021 Housing Element Update, Encinitas , CA - Assistant Project Manager C ity of Rialto 2014-2021 Housing Element Update, Rialto , CA -Assistant Project Manager City of Encinitas 2021 -2029 Housing Element Update, Encinitas , CA - Assistant Project Manager City of Solana Beach 2021 -2029 Housing Element Update, Solana Beach, CA -Assistant Project Manager RITA GARCIA Project Manager/Environmental Analysis With more than 30 years of experience , Rita has provided environmental and planning services to a broad range of public and private sector clients . She specializes in managing and contributing to CEQA/NEPA documents and regulatory permitting for a broad range of policy-level, multi-component projects, including Housing Elements, General Plans , and Specific Plans. She has been involved with varied policy documents involving new development and redevelopment, and facility and infrastructure components in sensitive environments, with substantial public involvement and controversy . Polytechnic 3each I 27 Unive rs ity, Pomona ~~~~~~~~~~~~~==:,,, • Nationa l Professional Credentials • Master of Urban and Regional Planning, University of California , Irvine • Bachelor of Arts, History, California State University, Professional Credentials • Master of Urban and Regional Planning , University of Minnesota • Bachelor of Arts (Geography and Sample of Recent Relevant Experience Encinitas 2013-2021 Housing Element Supplemental PEIR , Encinitas, CA - Environmental Manager City of Riverside 2014-2021 Housing Element Addendum EIR, Riverside, CA - Project Manager Murrieta General Plan 2035 Program EIR , Murrieta , CA -Senior Analyst City of Riverside 2014-2021 Housing Element Update Implementation Plan EIR , Ri verside, CA -Project Manager Buena Park General Plan 2035 Program EIR, Buena Park , CA -Senior Analyst MOLLY MENDOZA Planning/Policy, Ou t reach Molly is a planner with experience in planning, development, and design. Molly also specializes in community engagement. She has experience analyzing community outreach results , participating in outreach events, and engaging local stakeholder in project planning . Before coming to Kimley-Horn, Molly worked as a planning intern with the City of Anaheim and as a policy analyst with Housing Long Beach. Sample of Recent Relevant Experience Rialto Housing Element Update , Rialto , CA -Planning Analyst 'Rancho Los Amigos South Campus Specific Plan , Downey , CA -Planning Analyst County of Orange 2021-2029 Housing Element Update , Orange County , CA - Planning Analyst City of Orange 2021 -2029 Housing Element Update , Orange , CA -Planning Analyst Del Mar 2021-2029Housing Element Update , Del Mar, CA -Planning Analyst En.cinitas 2021 -2029 Housing E lement Update , Encinitas, CA -Planning Analyst Housing Element Update , Solana Beach , CA -Planning Analyst MATT HORTON, AICP GIS/Graphics Matt is a planner with more than eight years of experience in land use planning , mobility planning, and GIS analysis. Matt specializes in the development of community plans that thoughtfully consider the interrelationship between mobility and land use . His time at Kimley-Horn has been focused on improving public policy decision making through spatial analytics , scenario planning, and geographic information systems . Sample of Recent Relevant Experience leach I 28 Housing Element Update, Encinitas , CA -Project Planner Housing Element Update, Solana Beach, CA -Project Planner Red Hill Corridor Specific Plan and EIR , Tustin, CA -GIS Specialist On-Call Civil and Traffic Engineering , Carlsbad , CA -Project Planner Parking Management Plan , Village and Barrio , Carlsbad , CA -Project Planner Trolley Program Feasibi lity Study, Carlsbad , CA -Project Manager Balboa Avenue Transit Station Specific Plan, San Diego , CA -Project Planner Corridor Planning II Process Zoning Code and Map Update for the G e neral Plan 2030 Update, Santa Cruz, CA -Analyst E. QUALIFICATIONS Kimley-Horn is a full-service planning , environmental , and engineering consu lting firm providing services to public and private clients nationwide . We offer the City of Huntington Beach a staff of experienced planners, public policy specialists, and environmental analysts working w ithin a collaborative environment that includes a multidisciplinary team of more than 500 planning and design professionals in 11 offices throughout California, including our offices in Orange, San Diego, Los Angeles, and Riverside. Our Housing Element team is based out of our local office in Orange and includes a team of policy and environmental planners with years of experience successfully interpreting and implementing State housing legislation to achieve HCD certification for jurisdictions across California. The team assigned to the City includes housing element and plann in g specialists that work da ily with public sector clients, providing hands-on, turnkey services to cities, counties , and other state and loca l agencies throughout California . Our team has worked on numerous housing elements in the local area and statewide. Our experience includes working with seve ral jurisdictions to gain mid-cycle certification . These jurisdictions were some of the first to incorporate the requirements of 2017-2019 State housing legislation in order to achieve HCD certification . Kimley -Horn is currently working with several SAN DAG and SCAG jurisdictions on 61h Cycle Updates. Our team works diligently to stay up to date on current legislation and works directly with jurisdictions and HCD on the appropriate implementation of new legis lation regarding Affirmatively Furthering Fair Housing (AFFH), AB 1397 cand idate sites ana lys is, AB 686 compliance and other applicable statutory requirements . Our team will use our years of experience and understanding of the Housing Element process to provide a turnkey experience for the City. With this experience, we have developed a deep understanding of the Department of Housing and Community Development (HCD) certification process and utilize our longstanding relationship with HCD to our clients' advantage . We are proud to be able to say that evety Housing Element we've worked on has achieved certification by HCDI Recent Housing Element Experience The following are a sample of additiona l Housing Element Update projects completed by members of our team . City of Huntington Beach I 29 : en: ct Housing Element Cycle/Year Certified Housing Element Cycle/Year Certified Anaheim Housing (4th cycle -Certified in Indio Housing Element (4th cycle -Certified in Element 2009) 2009) Anaheim Housing (5th cycle-Certified La Mirada Housing (5th cycle -Certified in Element 2014) Element 2014) Antioch Housing (4th cycle -Certified in Los Alamitos Housing (4th cycle -Certified in Element 2010) Element 2010) Arcadia Housing (5th cycle -Certified in Lynwood Housing (4th cycle -Certified in Element 2013) Element 2010) Artesia Housing (4th cycle -Certified in Montclair Housing (4th and 5th cycle - Element 2011) Element Certified in 2014) Carmel Housing (4th cycle -Certified in Murrieta Housing (6th cycle -In Element 2010) Element proqress) Chula Vista Housing (4th cycle -Certified in Orange Housing (4th cycle -Certified in Element 2007) Element 2010) l:1111t..·u11~• ·1111~1 I~--·~ .. -.... ~•••• r~ 1•1 1•L:' fll .~::Ir~ 11 r~• ,..-.-.-:"'t.._, __ ·":•--••"1111(:.JI City of Chino (61h Cycle -In progress) Orange Housing (5th cycle-Certified in HousinQ Element Element 2014) Del Mar Housing (61h Cycle -In progress) Orange Housing (61h Cycle -In progress) Element Element El Monte Housing (5th cycle -Certified in County of Orange (6 1h Cycle -In progress) Element 2013) HousinQ Element Encinitas Housing (6'h Cycle -In progress) Placentia Housing (4th cycle -Certified in Element Element 2010) Fontana Housing (4th cycle -Certified in (5 1h Cycle -Certified in Element 2010) 2017) Fontana Housing (51h cycle-Certified in Rialto Housing Mid-Cycle Update -In Element 2014) Element oroaress Fountain Valley (51h cycle, Certified in Salinas Housing (4th cycle -Certified in HousinQ Element 2014) Element 2011) Fullerton Housing (4th cycle -Certified in Saratoga Housing (4th cycle -Certified in Element 2010) Element 2010) Gilroy Housing (Found in compliance Solana Beach Housing (6'h Cycle -In progress) Element by HCD in 2011) Element Hemet Housing (5th cycle -Certified in Stanton Housing (4th cycle -Certified in Element 2014) Element 2009) Indian Wells Housing (5th cycle -Certified in Truckee Housing (4th cycle -Certified in Element 2014) Element 2009) References The Kimley-Horn team is proud of its successful track record of Housing Element updates for both the 4th cycle and 5th cycle RHNA planning periods. Below is a sample of the Housing Elements our key staff has completed . City of Enci n itas Housi n g El ement (5th Cycle a n d 61h Cy cle), En cin i tas, CA City of Huntington Beach I 30 I 00 ' 1 1 Kimley-Horn is currently assisting the City with their Housing Element Update for the RHNA 5th and 61h Cycle planning periods. Kimley-Horn worked extensively with City staff, e lected official , legal counsel , HCD and the public to develop policy solutions . Aside from comp leting the technical analysis associated with updating a Housing Element, the process has included numerous outreach events, including stakeholder meetings, community forums, open houses, and public working sessions. Each step of the process has included components to inform and engage the community to make certain that their feedback is incorporated into the Housing Element Update whenever feasible. Reference: Jennifer Gates , Principal Planner, City of Encinitas , 760.633.2714, jgates@encinitas.gov Dates: 2017 -Present Team Members: Dave Barquist -Project Manager, Nick Chen -Assistant Project Manager, Molly Mendoza -Planning Analyst, Rita Garcia -Environmental Manager, Brian Leung -Environmental Analyst City of Del Mar Housing Element {6th Cycle), Del Mar, CA David Barquist and Nick Chen are leading an update to the City of Del Mar's 6th cycl e Housing Element. Our team is responsible for evaluating the status of the City's housing programs , updating housing affordability information , analysis of household characteristics , and review of the land inventory available to produce new housing in this community . The Housing Element scope also includes evaluation for constra ints on the production of housing in the community , and an update of proposed housing programs. The project a lso includes conducting community outreach, both in person and virtual , and assistance with the facilitation of a Housing Element Task Force. Reference: Shaun McMahon, Project Planner, City of Del Mar, 858 .755.9313, smcmahon@delmar.ca. us Dates: 2019 -Present Team Members: Dave Barquist -Project Manager, Nick Chen -Assistant Proj ect Manager, Molly Mendoza -Planning Analyst City of Rialto Hou sing Element {5th Cy c l e ), Rialto, CA Kimley-Horn assisted the City of Rialto with the 2014-202 1 Housi ng Element update . The C ity missed the statutory deadline to complete their 5th cycle Housing Element and completed the Housing Element to meet requirements of AB 12 33. Kimley -Horn assisted the C ity with an updated land inventory analysis to accommodate both the 4th cycle and 5th cycle RHNA needs of the City. The update includes revisions to the City's housing profile , updated governmental and non-governmental constraints to the development of housing , a progress report on the performance of the existing Housing Element, and a revised Housing Plan. Reference: Karen Peterson, Senior Planner, City of Rialto , 909.820.2505, kpeterson@rialtoca.gov Dates: 2016 -20 2 0 Team Members: Dave Barquist -Project Manager, Nick Chen -Assistant Project Manager, Molly Mendoza -Planning Analyst City of Chino Housing Element {6th Cycle), Chino, CA Kimley-Horn is assisting the City of Chino w ith the 61h Cyc le Housing Eleme nt update . T hey w ill be considering considerable growth due to d raft RHNA allo cations and must deal with limitation i mposed by local growth control legislation . The Kimley Horn team is developing a un ique outreach program in cons ideration with COVID-19 and will be engag ing an AdHoc Housing Comm ittee through the planning process . Reference: Warren Morelion , City Planner, City of Chino 909 .334.3332 , wmorelion@cityofc hino .org Dates: 2 020 City of Huntington Beach I 31 I CO ' 00 Team Members : Dave Barquist -Project Manager, Nick Chen -Assistant Project Manager, Mo lly Mendoza -Planning Ana lyst City of So l ana Beach Housi ng Element (6th Cycle), Solana Beach, CA Kimley-Horn is assisting the C ity of Solana Beach with the 5th Cycle Housing Element update. They will be cons idering developing policies and programs for a built-out coasta l community with almost no vacant land a nd m ust deal with lim it in g land use po licies. The Kimley Horn team has developed a comp rehensive ana lysis of sites in consideration of a subs ta ntial growth in 5th Cycle RHNA ca lcu lations . Reference: Joseph Lim, Director, City of Solana Beach 858 .720.2434, jlim@cosb.org Dates: 2020 Team Members: Dave Barquist -Principal , Nick Chen -Project Manager, Molly Mendoza -Planning Analyst F. FEE PROPOSAL 1. 1 Pro ee l Kick-off M eetin 1.2 Pro ee l Schedule TASK 2: PROJECT MANAGEMEN T AND COORDINATION TASK 3: ANALYZF. REGIONAL HOUSING NEEDS ASSESSMENT 3. 1 Document Reliew 4 12 $2,507 3.3 Ewlut ate Curren t Housln Elemen t 4 10 16 $4,860 3.3 Housln Needs Constraints Resources, Po ulation and Housln Profile 30 80 180 16 $46,850 3.4 Housln Le lslatlon Matrix 4 6 40 12 $8,628 3.5 Dewlo Housln Plan 12 40 32 $14.180 TASK 4 : CO MMUNITY ENGAGEMENT 2 4 18 $3,562 8 16 20 3 $7,8 18 8 16 20 3 $7,8 18 to3 24 36 48 $18,888 8 18 16 $7,304 5.1 Screencheck Draft 8 30 40 10 $13,540 5.2 Pre HCD Public Reliew Draft 4 16 32 8 $8,828 5.3 HCD Submittal Draft 4 10 28 8 $7,300 5.4 Res nse to Comments 4 18 32 3 $8,614 5.5 Public Reliew Draft 4 16 32 $7,948 5.6 Final Draft Housln Element 4 15 32 2 $8 000 5. 7 Final Transmittal to and Corres ondence with HCD 2 4 6 $2,002 TASK 5: CEQA COMPLIANCE 400 60 1000 100 60 $267,680 TASK 6: PUBLIC HEARINGS 3 Hea rin s A ss umed 24 42 16 $15,736 TASK 7: FINAL HOU SING ELEMENT CERTI FICAT ION 2 6 8 6 $3 258 Ex enses trave l co les etc .. Re roduc tion estimated $5,000 SUBTOTA L 623 505 1666 134 117 $505 365 Recommended Contln en c 15% $75,803 TOTAL COST $581,158 OPTI ONAL TASKS Task 8 : General Plan Amendments an d Zonin Code Relisions $75,000 Task 4 .4 Online Communlt Surw $12,000 City of Hunti ngton Beach I 32 , on · APPENDIX: FORMS AND REQUIRED INFORMATION Legislation and City Considerations Requested Modifications to Terms and Conditions Legislation and City Considerations 2018 ~~H rtm1 C!ii\?(!liil: •• m 1111 I I l'lCI ltll' 11:• "'''•~I ••th'L..,111:11••·••llh'L."\ FUNDING MEASURES SB 2 -Projected to generate hundreds of mi llions of The city is eligible for a variety of funding dollars annually for affordable housing, supportive opportunities to help achieve the goals and housing, emergency shelters, transitional housing and policies stated in the Housing Element. Careful other housing needs via a $75 to $225 record ing fee on consideration to the way in which policy is specified real estate documents. articulated will help to increase the likelihood of future funding acqu isition. SB 3 -Placed a $4 billion general obligation bond on the Similar to SB 2, The city is eligib le for a variety November 2018 ballot to fund affordable housing of funding opportunities to help achieve the programs and the veteran's homeownership program goals and policies stated in the Hou sing (CalVet). Element. STREAMLINING MEASURES SB 35 -Streamlines multifam ily housing project approvals, Th is new law allows developers to request at the request of a developer, in a city that fai ls to issue streamlining provided certa in criteria are met. building permits for its share of the regional housing need This means the City of Huntington Beach w ill by income category. In a SB 35 city, approval of a need to evaluate the entitlement procedures to qua lifying housing development on q ualifying site is a permit and track the adherence to the new law. ministeria l act, without CEQA review or public hearings. SB 540 -Streamlines t he housing approval process by SB 540 authorizes a state grant or loan for a allowing jurisdictions to estab lish Workforce Housing local government to do planning and Opportunity Zones (WHOZs), which focus on workforce environmental reviews to cover a and affordable housing in areas close to jobs and transit neighborhood. and conform to California's greenhouse gas reduction Developers in the designated community also laws. SB 540's objective is to set the stage for approval of will have to reserve a certain percentage of housing developments by conducting a ll of the necessary homes for low-and middle-income residents plann ing, environmental review and public input on the and the city's approva ls there would be front end through the adoption of a detailed Specific Plan. approved without delay. SB 540 provides the development community with certainty that for a five-year pe ri od, development consistent with the p lan will be approved without further CEQA review or discretionary decision-making. City of Huntington Beach I A1 AB 73 -Similar to SB 540 the Bill streamlines the housing Under AB 73, Huntington Beach would r ece ive approval process by allowing jurisdictions to create a money when it designates a community for housing sustainabi lity district to complete upfront zoni ng more housing and then additional dollars once it and environmental review in order to receive incentive starts issuing permits for new homes. In these payments for development projects that are consistent neighborhoods, at least 20% of the housing must with the ordinance. be reserved for low-or middle-income residents, and projects will have to be granted permits without delay if they meet zoning standards. ACCOUNTABILITY MEASURES SB 167 I AB 678 /AB 1515 -These three measures were Considerations for zoning requirements in the amended late in the 2017 legislative session to entitlement process will have to comply w ith incorporate nearly all the same changes to the Hou sing these new laws. Findi ngs for projects may Accountability Act (HAA). The HAA significantly limits the have to be modified, modifications to land use ability of a jurisdiction to deny an affordable or market-definitions will have to be cons idered. rate housing project that is consistent with existing planning and zoning requirements OTHER MEASURES AB 1505 -Allows a jurisdiction to adopt an ordinance that Essentially addressing renta l unit in clusionary, the requires a housing development to include a certain AB 1505 law provides a "solution" to the Palmer percentage of residential rental units affordable to and Decision. If the city choses any type of rental occupied by households with incomes that do not exceed inclusionary policy, this will have to be limits for households with extremely low, very low, low or co nsidered. moderate in come. Such an ordinance must provide alternative mean s of compliance suc h as in -lieu fees, off-site construction, etc. AB 879 -Expands upon existing law that requires, by April As a general law city, this law will requir e annual 1 of each year, general law cities to send an annual report updates to the City Council and submission of to their respective city councils, the state Office of yearly reports on Gene ra l Plan implementation. Planning and Research (OPR) and HCD that includes information related to the implementation of the General Plan, including RHNA. AB 1397 -Makes numerous c hanges to how a This is one of the most profound changes to jurisdiction establishes its housing element si t e adequate sites analysis and will require a much inventory more in-depth review of sites and the suitability of those sites . This new law provides very specific justificat!on of sites that area deemed suitable and wil l much more time and effort then the city has experienced in the past. City of Huntington Beach J A2 AB 72 -Provides HCD new broad authority to find a jurisdiction's housing element out of substantial compliance if it determines that the jurisdiction fails to act in compliance with its housing element and allows HCD to refer violations of law to the attorney general. City of Huntington Beach I The is a compliance issue. As part of the Housing Element, the City will have to ens ure the goals, policies and objectives implementation are a direct cons ideration with adopting the Housi ng Element. A3 As of January 1, 2019, additional new laws have gone into effect in Californ ia. These newest statutory requirements amend and clarify existing adopted law and make additional efforts to increase housing production . 2019 Legislation and City Considerations AB 2753 -Seeks to expedite the processing of density bonus appl ications pursuant to the State Density Bonus Law . Th e State Den si ty Bonus Law, originally enacted in 1979, req uires an agency to grant a density bonus and/or a certain number of concessions or incen tives to developers who agree to construct d evelopments that provide affordable housing and meet certain criteria . This year's amendments now require local governments to provide determinations to developers regarding the amount of density bonus for which a development is eligible, all reductions in parking requirements for which the applicant is eligible and whether the applicant has provided adequate information for the loca l government to make a determination regarding any reque sted incentives, concessions, waivers or reductions in required parking. The law further requires such determinations to be based on the development project at the time the application is deemed complete and provid es that the local government shall adjust the amount of density bonus and required parking based on any changes during the course of the development processing . AB 2372 -Authorizes cities or counties to gra nt a developer of an eligible housing development under the State Density Bonus Law a floor area ratio bonus in lieu of a bonus ba sed on dwelling units per acre. The floor area bonus is calculated ba se d on a formula prescribed in the new statute (i .e., allowable residential base density x (site area in square feet I 43,500) x 2,2 50). An eligible housing development under the law is a multifamily housing development that provides at least 20 percent affordable units, is located within a transit priority area or a half-mile from a major transit stop, meets r equirements for the replacem ent of ex isting units and complies with height requ irements applicable to the underlyi ng zone. The law also prohibits cities and counties from imposing parking requ irements in exc ess of specifi ed ratios and allows an appl icant for an eligible development to calculate impact fees based on square feet and not per unit. City of Huntington Beach I HUNTINGTON This will influen ce the procedural aspects of identifying density bonu s at the time of completeness of any application that certain entitlements are clearly articulated and approved. Policies and procedures will have to modified to accommodate this new la w . Future use and analysi s of sites related to mobility and transportation improvements will result from the application this law. Additionally, amendments to the City's fee ordinance may be required to ensure the fee calculation complies with statute. A4 SB 1227 -Extends the State Density Bonus Law to apply to student housing. It allows student housing projects where at least 20 percent of the units are affordable for lower income students to receive a 35 percent density bonus. The law also provides that the development must provide priority to students experiencing homelessness. The density bonus under the law will be calcu lated based on the number of beds instead of units. AB 2797 -Requires the State Density Bonus Law to be harmonized with the California Coastal Act so that both statut es can be given effect within the coastal zone to increase affordable housing in the coastal zone while protecting coastal resources and access. AB 3194 -Makes three important revisions to strengthen the Housing Accountability Act (HAA). The HAA strictly limits local governments' authority to reject or restrict housing development projects that comply with applicable objective general plan , zoning and subdivision standards . The Legislature's reforms to the HAA in 2017 were one of the most significant elements of the 2017 housing package. This year, as revised by AB 3194, if the zoning for a project site is inconsistent with the general plan, a proposed housing development project cannot be considered "inconsistent" with a jurisdiction's zoning standards and cannot be required to seek a rezoning, as long as the project complies with the jurisdiction's objective general plan standards. Second, local agencies must now app ly zoning standards and criteria to facilitate and accommodate development at the density allowed on the site by the general plan. Third, the Legi slature declared its intent that a "specific, adverse impact on the public health and safety" -the only permissible basis on which a loca l government can reject or reduce the siz e of a project that complies with objective standards-will "arise infrequently." SB 765 -Makes a series of "cl eanup" r ev isions to SB 35, the major streamlining law enacted in 2017, which requires localities to grant a streamli ned ministerial approva l to housing projects that meet the loca lity's objective standards, commit to provide prevailing wage labor and provide a specified amount of affordab le housing, among other criteria. City of Huntington Beach I This may be applicable to student housing associated with Goldenwest College. Thi s la w applies to Huntington Beach as they have land within the Coastal Zone. This law may require the city to evaluate consistency with General Plan land use designations and the city zoning classifications. If the City of Huntington Beach finds that additional land must be rezoned, it must also be accompanied by amendments to the General Plan land use. Among the most helpful of this year's amendments is the Legislature's explicit statement that the California Environmental Quality Act (CEQA) does not apply to the agency's determination of whether an application for a development is subject to the stream lined ministerial approval process -eliminating one argument housing opponents have used to try to avoid the effect of SB 35. A5 Kimley »>Horn AB 2263 -Authorizes parking reductions for a development project in which a designated historical resource is being converted or adapted. For projects converting or adapting a designated historical resource to a residential use that is located within a half-mile of a major transit stop, an agency shall not require the project to provide parking spaces greater than the number of parking spaces that exi sted on the project site at the time the project application was submitted. For a project converting or adapting a designated historical resource to a nonresidential use, a local agency shall provide a 25 percent reduction in the amount of parking spaces that would otherwise be required. AB 2162 -Requires supportive housing to be considered a use "by right" in zones where multifamily and mixe d uses are permitted, including nonresidential zones permitting multifamily uses, if the proposed housing development meets specified criteria. Supportive housing is housing linked to an onsite or offsite service that assists the resident in retaining the housing, improving his or her health status and ability to live and work in the community. Qualifying criteria relates to affordability, long-term deed restrictions, nonresidential floor use providing supportive services and other design requirements . The law requires a local government to approve, within specified periods, supportive housing developments that comply with these requirements . The law prohibits the local government from imposing any minimum parking requirement for units occupied by supportive housing residents if the development is located within a half-mile of a public transit stop. AB 829 -Prohibits local governments from requiring a developer of obtain a letter of acknowledgment or similar document prior to applying for state assistance for a housing development . The law defines state assistance as any state funds, a state tax credit or a federal tax credit administered by the state. The legislative analysis for the bill explained that in at least one case in the state, city council members have delayed projects for supportive housing requiring financial assi stance by conditioning a project to receive official sign-off from the local elected official in order to receive funding. This law ends that practice for all jurisdictions. City of Huntington Beach I A6 While not germane to the Housing Element, this may impact historic structure reuse in the city, which could conceivable be reused and require reduced parking, which may influence the type and extent of conversions. By-right zoning will potentially require updates to the city's zoning ordinance, and policies and programs in the housing element. Because of the by-right requirement, areas that do not contain any or have limited supportive housing, this type of use may become more prevalent in the City over time. Especially in Huntington Beach, where a variety of multi-family, mixed use and nonresidential zones exist. The City of Huntington Beach will have to con sid er the procedural aspect of the entitlement process to ensure compliance with this new law. Thi s may require new programs in the Housing Element to comply with law. Kimley »>Horn SB 828 /AB 1771-Makes several changes to the Regional Hou sing Needs Assessment (RHNA) process to use more data to more accurately and fairly refl ect job growth and housing needs, with an emphasis on fair housing goals. RHNA is the process to identify the total number of housing units and income levels that each jurisdiction must accommodate in its housing element. The RHNA process has been in the spotlight recently due to claims that some cities have artificially low RHNA targets due to a politically driven process. New amendments revise the data that the cou ncil of governments (the entities that determine RHNA targets) must provide to HCD as part of the RHNA process . That data must now include new information regarding overcrowding rates, vacancy rates and cost-burdened housing (among other new data points). Thi s law adds more opportunities for public comment and HCD adjustments to the council of governments' methodology for selecting RHNA targets, as well an ability for local governments to appeal RHNA targets. Additionally, the law prohibits a council of governments from using prior underproduction of housing, or stable population numbers, as justification for a determination or reduction in a local government's sha re of the RHNA. AB 686 -Requires a public agency to administer its programs and activities relating to housing and community development in a manner to affirmatively further fair housing and not take any action that is in consistent with this obligation. "Affirmatively furthering fair housing" means, among other things, "taking meaningful actions ... that overcome patterns of seg regation and foster in clusive communities" and "address significant disparities in housing needs and in access to opportunity." Additionally, an assessment of fair housing practices must now be included in upcoming housing elements. SB 1333 -Makes charter cities (those governed by a city charter document rather than by general law) subject to several planning laws that previously only applied to general law cities. These include laws related to general plan amendment processing, accessory dwelling unit permitting and the preparation of housing elements. Notably, the new law now requ ires a charter city's zon ing ordinances to be consistent with its adopted general plan. City of Huntington Beach I Al SB 828 has a few distinct requirements to report in Housing Elements: • Defines a "healthy" vacancy rate as no less than 5% • Prohibits using past production of units or stable population growth to justify reduced housing goals • Identify no. of cos t burdened households Based on the ana lysis of the bill, it is like ly th is will increase the RHNA need for Huntington Beach, especially in low-and moderate- income households. AB 1771 may provide a more transparent process for the City and ultimately the ability to accommodate RHNA by providing more · structure to the allocation process. Because of considerable overlap amongst these two bills, it is likely that clean up legislation will occur in the future. This law requires the City of Huntington Beach to include an assessment of Fair Housing practices in the City and to "affirmatively further fair housing". With no official guidance of the interpretation of this law and to t he extent of what an "assessme nt" includes, beyond what is identified in Gov Code Section 65583 et seq. the AFFH the City will utilize its efforts as a HUD grantee jurisdiction to provide much of this data. Kimley-Horn believes this law may require additional guidance from the state to further define how the housing element would satisfy the provisions of this law in the Housing Element policy program. As a general law, Huntington Beach will not be affected by this law. Kimley »>Horn AB 1919 -Recognizes that under current prohibitions against "price gouging," landlords cannot raise rents by more than 10 percent within 30 days of a declared disaster, but the prohibition does not apply to rental properties that were not on the market at the time of the emergency. This new law expands the existing crime of price gouging to include new renta ls that were not on the market at the time of the emergency within the types of goods and serv ices that are price-controlled in the immediate aftermath of an emergency. The law also makes other related reforms to limit rent increases and evictions following an emergency. AB 2913 -Extends the duration of a building permit from six months (180 days) to 12 months, as long as construction has started and has not been abandoned. The law also provides that a permit is subject to the building standards in effect on the date of origina l is suance, and if the permit does expire, the deve loper may obtain approval from th e local building official for one or more six-month extensions. SB 330 -Limits a jurisdiction's ability to change development standards and zoning applicable to the project once a "preliminary application" is submitted. Amends the Permit Streamlining Act to specify what constitutes a "preliminary app lication" and states that a jurisd iction ha s one chance to identify incomplete items in an initial application, and after that may not request any new information. Prevents jurisdictions from increasing exactions or fees during a project's application period, and only allows such increases if th e resolution or ordinance establishing the fee calls for automatic increases in the fee over time. Prohibits jurisdictions from co nducting more than S hearings if a proposed housing project complies with the applicable, objective general plan and zoning standards in effect at the time the application is deemed complete. Prohibits a jurisdiction from enacting development policies, standards or conditions that would change current zoning and general plan designations of land to "lessen the intensity of housing"; from placing a moratorium or si milar restriction s on housing development; and from limiting or capping the number of land use approva ls or permits. Creates the Housing Accountability Act. AB 1763 -Creates enhanced den sity bonus options, including a potential 80% in crease in base density and unlimited density bonuses for qualifying projects within a half-mile of a major transit stop. Applies only to projects that consist of 100% affordable housing (no more than 20% City of Huntington Beach I AB While not germane to the Housing Element, this law wi ll sti ll app ly to the City of Huntington Beach if events such as fire, flood, or any other type of state declared disaster occur. This law will affect how the city counts "in the pipeline" projects for RHNA purposes and may require procedural modifications in the City's current entitlement process. This law is intended to streamline the development process by removing potential governmental constraints during through the deve lopment process and providing more surety for developers regarding fess and timeline. Added density bonus options for project s within the City that cons ist of 100% affordable housing. Kimley »>Horn n~'~lllh'I (!WC!Jilr;; • • • ... •rnln (IJ l.'il :' ::ir•-. •: 1 l•I J l1L"Ut1~!••••1111.' .. "I. moderate-income, and the rest for lower-income). AB 1485 -Clarifies that the calculation to determine if a Clarifies gu idance around the eligibility of project qualifi es for SB 35 where it consists of two-thirds projects to qualify for SB 35 and the City's residential excludes underground space. Cla rifies that the re sponsibilities for review of app licabl e projects. 3-year expiration for SB 35 approval in case of litigation expires 3 years after a final judgment upholding the approval and clarifies that the approval also remains valid as long as vertical construction has begun and is in progress. Clarifies that local governments must issue subsequent permits without unreasonab le delay, as long as those subsequent permit app lications substantially comply with the approved SB 35 permit. Clarifies that a project complies with SB 35's qualifying criteria as long as "there is substantial evidence that would allow a reasonab le pe r son to conclude" that the development qua lifies. Clarifies that under existing law, SB 35 projects are entitled to protection under the Housing Acco un tabil ity Act. AB 1483 -Requires local agencies to make information New requirements for the City to develop and availab le on housing development fees, applicable zoning publish materials relating to the development of ordinances and standa rds, annua l fee reports and arc hived housing. Much of this information is publicly nexus fee studies . Requires cities to clearly post their ava ilable but may need to be revi se d to meet t he impact fee sc hedules and nexus studies. HCD will be requirements of state law. required to prepare a 10-year housing data strategy that identifies the data usefu l to enforce ex isting housing laws and inform state housing policymaking. AB 1 01 -Effective as of July 31, 2019. Requires local Thi s bill requires the City to allow by-right governments to provide "by right," CEQA-exempt develo pment for qualifying d eve lopments aimed approvals to certain qualifying navigation centers that at transitioning homeless residents into move homeless Californians into permanent housing. permanent housing. Also increases the penalties Creates additional incentives for cities to comply with their for cities not in compliance w ith State Housing mandates to plan for enough housing under housing Element law. element law. Creates steep penalties for cities that refuse to comply with Hou sing Element law and ties financia l incentives to cities that adopt "pro-housing" policies. AB 1560 -Broadens the definition of a "major transi t stop" The City has several Transit Priority Areas as to include bus rapid transit. Provides that projects loca t ed determined by SCAG on the westside near Harbor within a X mile of a qualifying bus rapid transit stop may Boulevard and in the South Coast Metro area. qualify for parking reductions, CEQA infill housing, Project s with in these ar eas may qua lify under AB aesthetic and parking exemptions, SB 375 streamlining for 1560. qualifying transit priority projects and a le ss than significant VMT impact presumption. Applies to loca l incentives. City of Huntington Beach I A9 Kimley»> Horn n~•lllUl]~I 1'.!ii\7(!D'1:1•m•111~·ln•.,!l~l:t::l'•••:1 1•11 ..... ., I ti :I !'~111111" ... , SB 744 -Streamlines the approval process for supportive Development stream line approvals. housing projects by clarifying that a decision to seek funding through the No Place Like Home program is not a project for the purpose of CEQA. AB 68 -Allows 2 ADUs on a single lot, as well as multiple Promotes the development of ADUs and places AD Us on multifamily lots. Requires local agencies to restrictions on City's ability to d isco ura ge the approve or deny an ADU project within 60 days. Restricts development of ADUs. local agencies' ability to adopt certa in ordinances that would discourage ADUs. AB 881 -Restricting loca l jurisdictions' permitting criteria. The City must develop and apply a streamlined Clarifies that ADUs must re ceive streamlined approval if approva l process for ADUs and eliminates the constructed in existing garages. Eliminates local previous owner-occupancy requirement. jur isdictions' ability to require owner-occupancy for 5 years. SB 13 -Sun se ts on January 1, 2025. Creates a tiered fee May require the City to update their ADU structure which charges ADUs more fairly based on their development fees. size and location. Prohibits local jurisdictions from imposing impact fees on ADU s under 750 sq uare feet. Prohibits conditional approva l of an ADU on the applic ant being an "owner-applicant." AB 587 -Provides that loca l jurisdictions may allow AD Us to Allows ADUs to be so ld se parately from a primary be so ld or conveyed separately from a primary residence if residence if conditions are met. certa in cond itions are met. Allows affordable housing organizations to sell deed restricted ADUs to e ligible low- income homeowners. AB 670 -Prevents homeowners' associa tions from barring Thi s is not und er th e co ntrol of the City but ADUs. Allows reasonable restriction s. faci litat es further d eve lopment of ADUs. AB 671 -Requires local governments to include in their The City will be required to address methods and h ousing plans to incentivize and promote the crea tion of strategies to promote development of ADUs affordab le ADU s. Requires HCD to develop a list of state within the Housing Element document through grants and financial incentives for ADU development and policies and goa ls. post it by Dec . 31, 2020. AB 1255 -Requires cities and co unties to report to the The City will be required to track and r eport state an inventory of its su rp lus lands in urbanized areas. qua lifying parcels to the St ate. Requires the state to include this information in a digitized invent ory of state surplus land sites. We have appli ed the new statutory requirements stated above and have negotiated with HCD and developed workable solutions since these new laws have been adopted . We feel confident that the City of Huntington Beach will be nefit for our recent work and avoid any unnecessary effort during the certification process . City of Huntington Beach I A1 Kimley »>Horn 1 nru 771'\A"' "'"'" Requested Modifications to Terms and Conditions Kimley-Horn has reviewed the sample Professional Services Contract and requests the following modifications. 3. TERM; TIME OF PERFORMANCE This Ag reement is made in anticipation of conditions perm itting continuous and orderly progress through completion of services. Times for performance sha ll be extended as necessary for delays or suspensions due to circumstances that the CONSUL TANT does not control. CONSUL TANT shall not have liability for any delays. expenses. losses. damages or be deemed in breach which are caused by any factor outside of its reasonable control, including but not limited to natural disasters . epidemics (includ ing COVI D 19). adverse weather. or acts of the CITY. third parties . or governmental agencies. 8 . HOLD HARMLESS CONSUL TANT hereby agrees to protect, defend , indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including , without limitation , costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULT ANT's subcontractors , if any) negligent (or alleged neg ligent) performance of this Agreement or its fa ilure to comply w ith any of its ob ligations conta ined in t h is Agreement by CONSULTANT , its officers , agents or employees ex cept such loss or damage which was caused by the SGJ&negligence or willful misconduct of CITY. CONSUL TANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSUL TANT's counsel for claims for which Consultant is required to indemnify hereunder. Th is indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as lim itation upon the amount of indemnification to be provided by CONSUL T ANT. City of Huntington Beach I A1 Kimley »>Horn 1 nnt ..,..,""'"" """" Client#: 25320 KIMLHORN ACORDm CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) 8/20/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the pollcy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~~~~~cT Jerry Noyola Greyling Ins. Brokerage/EPIC FlJ8NJo Extl: 770-552·4225 I rffc Nol: 866-550-4082 3780 Mansell Road, Suite 370 ~0M0>)l~ss: jerry.n oyola@greyling.com Alpharetta, GA 30022 IN SURER($) AFFORDING COVER AGE NAIC# INSURER A: National Union Fire Ins. Co. 19445 INSURED INSURER B : Aspen American Insurance Company 43460 Kimley-Horn and Associates, Inc. INSURER c: N ew Hamps h ire Ins . Co. 23841 421 Fayetteville Street, Suite 600 INSURER D : Lloyds of London 085202 Raleigh, NC 27601 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 20-21 REVISION NUMBER: THIS IS TO CERT IFY THAT THE POLICIES OF IN SURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRAC T OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFI CATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE PO LI CIES DESCRIBED HEREIN IS SU BJ ECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUC H POLICIES. LIM ITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIM S. INSR TYPE OF IN SURANCE ADDL SUBR ,~8M5M\,\-i ,~8M5M9Yi LIMITS LTR INSR WVD POLICY NUMBER A x COMMERCIAL GENERAL LI AB ILITY 5268169 04/01/2020 04/01/2021 EACH OCCURR ENCE $1 000 000 I CLAIMS-MADE ~ OCCUR ~AM~GE J?i RENTED RE ISE Ea occurrencel $500 000 x Contractual Liab MED EXP (Any one person) s25 ,000 - PERSONAL & ADV INJURY s1 ,000 000 - GEN 'L AGGREGATE LIMIT APPLIES PER : GENERALAG GREGATE s 2,000,000 R ~PRO· WLoc PRODUCTS • COMP/OP AGG s2,000 ,000 POLICY JECT OTHER: $ A AUTOMOBILE LIABILITY 4 ~ED AS TO FORM 04/01/2020 04/01/2021 COMBINED SINGLE LIMIT s 2 ,000,000 IEa accident\ t--X ANYAUTO BODILY INJURY (Per person) $ >-OWN ED ~ SCHEDULED By: __ <;·~~/~ . ~ BODILY INJURY (Per accident) $ t--AUTOS ONLY t--AUTOS x HIRED x NON-OWNED MICHAEL f. GATES PROPERTY DAMAGE $ AUTOS ONLY AU TOS ONLY IPer accident\ 1 TTv ,...CITY ATTORNEY $ B UMBRELLA LI AB ~OCCUR CX0-0~¥z6mu1uiv BEACH 04/01/2020 04/01/2021 EACH OC CURRENCE s 5 000 000 t--x EXCE SS LIAB CLAIMS-MADE AGGREGATE s5 000 000 OED I XI RETENTION sO $ c WORKERS COMPE NSATION 015893685 (AOS) 04/01/2020 04/01/2021 X l~~fTUTF I jgJH· A AND EMPLOYERS' LIABILIT Y y JN 015893686 (CA) 04/01/2020 04/01/2021 s1 000 000 ANY PROPRIETOR/PARTNERIEXECU TI VEcm E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? N N /A (Mandatory in NH) E.L. DISEASE · EA EMPLOYEE s1 000 000 II yes . describe under DESCRIPTION OF OPERATI ONS below E.L. DISEASE • POLI CY LIMIT s1,000 000 D Professional Liab BO 146LD USA2004949 04/01/2020 04/01/2021 Per Claim $2,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATION S I VEHICLES (ACORD 101, Additional Remark s Schedule, may be atta ched If more space Is requlredt Re : Housing Element Update; D. Barquist. The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers are named as Additional Insureds with respects to General & roRM Automobile Liability where requ i red by written contract. Waiver of Subrogation in favor of Additional l·\l~PROV ED AS TO lnsured(s) where required by written contract & allowed by law. Should any of the above described P°.li~ie ~ _ be cancelled by the issuing insurer before the expiration date thereof, 30 days' written notice (exceptl'1~0iAE\:E.~ days for nonpayment of premium) will be provided to the Certificate Holder. c rfY A'l"TORNEY ~~·-· • .. l . \J i ni.ovt.t• ,.._. "r'!', ~ .... CERTIFICATE HOLDER CANCELLATION City of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXP IRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN Insura nce Administrator ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE I .61-tfV". ~ ACORD 25 (2016/03) 1 of 1 #S2351321/M2102751 The ACORD name an d logo are registered marks of ACORD © 1988-2015 ACORD CORPORATION. All rights rese rved. 152 JNOY1 POLICY NUMBER: 5268169 COMMEl:iClAL GENERAL LIASILliY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person!sl--J 1------2r Organizationt~l------------+--Locatiof!~S) Of Covered C?~._at_io_n_s __ _ ANY PERSON OR ORGANIZATION WHOM YOU !PER THE CONTRACT OR AGREEMENT. BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. ----·---·----------,, ________ _ Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II · Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown ir1 the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury " caused, in whole or in part, by: 1. Your acts or omissions; or l. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurunce afforded to such addltlonal insured only applies to the extent permitted by law; and 2. lf coverage provided to the additional insured is required by a con tract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional in s ured. B. With respect to the insurance afforded to these additional Insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than anothe r contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 04 13 e lnsurance Services Office, Inc,, 20 12 Page 1 of 2 153 0 C. With respect to the insurance afforded to these additional insureds, thf) following is added to Section Ill • Limits Of Insurance: If coverage provided to the additional insured is required by a contra ct or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; Of 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever ls less. This endorsement shall not increase the applicable Limits of ln surunce shown in the Declarations. Page 2 of 2 e Insurance Services Office. lnr,., 2012 CG 20 10 04 1 3 D 154 POLICY NUMBER: 5268169 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ~ OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement mod ifies insurance provided under the f'ollowing: CO MMERCIAL. GE NERAL LI A BILITY COVERAGE PAR T PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additlci"i1al l11sured-Parsonrs_)---·~-Locat.1on _A_nd Description Of Comple t ed Oper_ations Or Organizatlon(s) ·-----.. ·---·--·-~-----ANY PERSON OR ORGANIZATION PER TKE CONTRACT OR AGREEMENT. WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADOltlONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO . ----·---·----·--··-··-------·-------------·---·--- ··----~~···-----· ... ----------·~--_ ... _____ .,. _ __,,..._..., ___ ,., ___ .,...,., ..... _ ....... --.... ~---·-· A. Section II · Who Is An lnsurn d is arnfmded t o incl ude as an addhional insure d the personls) or organ ization(s) shown in the Sc hedule, but on ly with respec t to liabili t y fo r "bodily injury" or "property damage " ca used, i11 whole or in part, by "your work" et the. location designated and described in the Sc h edu le o f t his endorsement performed fat that additional i nsured and included in t he "product s-completed operations hazard". However: 1 . The insurance offorded to such addit ionol in sured only applies to the extent permitted by law; and 2. If c overage provided to the additional insured is required by a contract or ag ree · mem, the in suran ce afforded to such addi· tional insured will not be broader than that which you are required by the contract o r agreement to provide for such acldirional insured. B. With re spect to th e insuronce affo rded to these cidditiorw.l insureds, the following is added to Section Ill • Limits Of Insurance : If cove rag e provided to the additional insured is required by a contract or agreemem, the mos t we will pay on behalf of the addi t ional in sured is the amount of insuran ce ; 1 . Required by the contract or cig reerne n t ; 01 2. Ava ilable under tho applicable Limits of Insu- rance shown in the Decla rations; whichever is less. Thi&· endorsemen t shall not increase the appli· cab le Limits of In su rance shown in the Decla- rations. CG 20 37 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 1 155 0 Client#· 25320 KIMLHORN ACORD™ CERTIFICATE OF LIABILITY INSURANCE I DATE (M M/DD/YYYY) 8 /20/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EX TEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETW EEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~~~!~cT Jerry Noyola Greyling Ins. Brokerage/EPIC F1J8 N:o Ext): 770-552-4225 I (A/C Nol: 866-550-4082 3780 Mansell Road , Suite 370 ~t1lJ~ss: jerry.noyola@ greyling.com Alpharetta, GA 30022 INSURER(S) AFFORDING COV ERAGE NAIC# INS URER A: National Union Fire Ins. Co. 19445 INSURED INSURER B : Aspen American Insu rance Company 43460 Kimley-Horn and Associates, Inc. INSURER c : New Hampshire Ins. Co. 23841 421 Fayetteville Street, Suite 600 IN SU RER D : Lloyds of London 085202 Raleigh , NC 27601 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 20-21 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLIC IES OF INSURANCE LI STED BEL OW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTAND ING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WI TH RESPECT TO WHI CH TH IS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, TH E INSURANC E AF FORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LI MITS SHOWN MAY HAVE BEEN REDUCED BY PA ID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR 11 ~~M5MYY 1 II POLICY EX P LI MITS LTR INSR WVD POLICY NUMBER MM /DD!YYYYl A x COMMERC IAL GEN ERAL LIABILITY 5268169 04/01 /2020 04/01 /2021 EACH OCCURRENCE s 1 000 000 l CLAIMS·MADE ~ OCCUR DAMAft.H?i RENTED PREMI Ea occurrence\ s 500 000 ~ Contractual Liab MED EXP (Any one person) s 25 000 I--PERSONAL & ADV INJURY s 1 ,000,000 GEN'L AGGREGATE LIMI T APPLIES PER : GENERALAGGREGATE s 2 ,000,000 R ~PRO-WLoc PRODUCTS -COMP/OP AGG s 2 ,000,000 POLICY JECT OTHER: $ A AUTOMOB ILE LIABILITY 4 ~ED AS TO FORM 04/01 /2020 04/0 1 /2021 COMB INED SINGLE LIMIT .2,000,000 I--IEa accidentl ~ ANY AUTO av: s·~!~ BODILY INJURY (Per person) $ -OWNED SCHEDULED ~ BODILY INJURY (Per accident ) $ I--AUTOS ONLY I--AUTOS ~ HIRED ~ NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY MICHAEL E. GATES I Per accldentl j l'1Tv -~~.ATTORNEY $ B UMBRELLA LIAB ~OCCUR CX005FT20 ·~-:~I VN BEACH 04/01 /2020 04/01 /2021 EACH OCCURRENCE s 5 000 000 I--x EXCESS LIAB CLAIMS-MADE AGGREGATE s 5 000 000 oEo I X I RETENTION sO $ c WORK ER S COMPENSA TI ON 015893685 (AOS) 04/01/2020 04/01 /2021 X l~!ffrnTE I 1gJH · AND EMPLOYER S' LIAB ILITY Y /N A ANY PROPRIETOR/PARTNER/EXECUTIVE[NJ 015893686 (CA) 04/01 /2020 04/01 /2021 E.L. EACH ACCIDENT s 1 000 000 OFFICER/MEMBER EXCLUDED? N N I A (Mandato ry in NH) E.L. DISEASE -EA EMPLOYEE s 1 000 000 gm:~f~fi~~ o":OPERATIONS below E.L. DI SEASE -POLICY LIMIT $1 000,000 D Professional Liab B0146LDUSA2004949 04/01 /2020 04/01 /2021 Per Claim $2,000,000 Aggregate $2,000,000 DESCRIPTION OF OPER ATIONS I LOCATIONS I VEHICLES (ACORD 101 , Add itional Rema rks Schedule, may be atta ch ed if more spa ce Is required) Re: Housing Element Update; D . Barquist. The City of Huntington Beach, its officers , elected or appointed officials, employees, agents and volunteers are named as Additional Insureds with respects to General & FORM Automobile Liability where required by written contract. Waiver of Subrogation in favor of Additional ;.\P P~OVED AS TO lnsured(s) where required by written contract & allowed by law. Should any of the above described policie ~ be cancelled by the issuing insurer before the expiration date thereof, 30 days' written noti ce (except f.J ~~ days for nonpayment of premium) will be provided to the Certificate Holder. c 11Y ATIORNEY ____ • .• J \Jr. 1'"n'T t 1 • v ---· CERTIFICATE HOLDER CANCELLATION City of Huntington Beach SHOULD ANY OF THE ABO VE DESC RI BED POLIC IES BE CANC EL LED BE FOR E THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN Insurance Administrator ACCORDANC E WITH THE POLICY PRO VISIONS . 2000 Main Street Huntington Beach , CA 92648 AUTH OR IZED REPRESENTATI VE I .C-1,;V:~ © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2 016/03) 1 of 1 The ACORD name and logo are registered m arks of ACORD #S2351321 /M2102751 JNOY1 POLICY NUMBER: 5268169 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modi1ies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person!sl ;-------Or Organization~s_l __________ +--Locatio'!i5-l 0! Covered '?Pe!ations ANY PERSON OR ORGANIZATION WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN i ADDITIONAL INSURED AS A RESULT OF ANY i CONTRACT OR AGREEMENT YOU I "''' ENTERED '"'' i PER THE CONTRACT OR AGREEMENT. I ' , ~--·--------------,,--------·------' ___ ,,_____ ----·----- L'~-~o:_i::~:~~-~~_i_'..'.'~.!~.-~~~1_'_~-=~=···~ h is_:>_:~:'.:d u I'::_~_'._" o t-~~:~::'~ .. "'.'ov:_~-:".~-be s h~-:".~-i~.:~-=-~-e cla ratio_~~-~--- A. Section !I -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(sl at the location(sl designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work. on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its Intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project, CG 20 10 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 2 0 C. With respect to the insurance afforded to these additional insureds, tho following is added to Section Ill • Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of tho additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable limits of Insurance shown in the Declarations. Page 2 of 2 e> Insurance Services Office. Inc., 2012 CG 20 10 04 13 D POLICY NVMBEFI: 5268169 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsen1ent n1od.11ies 'insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODVCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE h 1\ii.ime-Of Additfo'i1a/ lnsur'ed Personls) .1 Location And Description Of Completed Dperationsl Or Organizationfs) · ~~6Mp;~~o~Eg~M~Rg~~: 7(/'~~~N ---~·1----------~--·1 I PER THE CONTRACT OR AGREEMENT. TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to cornpiete this Schedule, if not shown above, will be shown in the Dec!aratioris. A. Section II · Who Is An Insured is arnended to include as an addi1ional insured the person/s) or organiz.ation(s) shown in the Schedule, but only wlth respect to liability for "bodily injury" or "property da1nage" caused, in whole or in part, by "your· work" at the location designated and described in the Schedule of this endorsement perfonried for that additional insured and 1·nc!uded in the "products-completed operations hazard". f·/o\A.•ever: 1. The insurance otfordod to such additionnl insured only applies to the extent perrnitted by law; and 2. If coverage provided to the additional insured is required by a contract or agree- rr1ent, the insurance afforded to such addir tfonal insured will not be broader than that which you are required by the contract or agreernent to provide for such additional insured. B. With respect to the Insurance afforded to these additional insureds, the following ls added to Section Ill • Limits Of Insurance: If coverage provided to the additional insured is requi(ed by a contract or agreemenl, tile rnust we will pay on behalf of the additional insured is the ainount of insurance; 1. Required by the contract or agreernent; or 2. Available under the app!icabte Lin1its at tnsu" ranee shown in the Declarations; whichever is less. This endorsement shall not increase the appli- cable Lirllits of Insurance shown in the Decla- rations, CG 20 37 04 13 ID Insurance Services Office, !nc., 2012-Page 1 of 1 D City of Huntington Beach File #:21-241 MEETING DATE:3/15/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Travis K. Hopkins, Assistant City Manager Subject: Adopt an Emergency and Interim Ordinance No. 4229, Establishing Limitations on Third-Party Food Delivery Fees Five Affirmative Votes are required to adopt per Charter Section 501 Statement of Issue: On February 1, 2021, the City Council directed that staff prepare an emergency Ordinance limiting the delivery fees that can be charged by third-party food delivery application services to fifteen percent (15%) of the cost of food purchased for delivery, with a five percent (5%) cap on the non- delivery charges, while COVID-19 restrictions remain on indoor and outdoor dining. These interim regulations were directed given that the COVID-19 crisis has placed extreme pressures on restaurant operations. Due in large part to the pandemic restrictions that have been placed on indoor and outdoor dining, normal operational procedures have been disrupted, and in response, restaurants have had to rely heavily on third party delivery apps such as Postmates, Grubhub, DoorDash, and Uber Eats, which can charge fees as high as 30% for use of their delivery services. Per the Huntington Beach Charter,the City Council can approve the proposed fee limitations that technology companies can charge to restaurant owners via an emergency ordinance,which would become effective immediately if at least five (5)affirmative votes endorse the measure.Also,as an urgency ordinance, the proposed regulations will expire automatically after 120 days. Financial Impact: This emergency Ordinance will have limited costs related to the staff time needed to enforce these provisions while it remains in place for the 120 days. Recommended Action: Adopt Ordinance No. 4229, “An Emergency and Interim Ordinance of the City of Huntington Beach Establishing Limitations on Third-Party Food Delivery Fees.” City of Huntington Beach Printed on 3/10/2021Page 1 of 3 powered by Legistar™ File #:21-241 MEETING DATE:3/15/2021 Alternative Action(s): Do not adopt the Emergency Ordinance and provide alternate Council Direction. Analysis: The COVID-19 crisis has placed extreme financial pressures on restaurants,due in large part to the restrictions that have been placed on indoor and outdoor dining.As such,restaurants have had to rely heavily on third party delivery apps such as Postmates,Grubhub,DoorDash,and Uber Eats to generate sufficient revenue to stay in business and keep staff employed. These third-party apps require restaurants to pay high delivery fees that can at times exceed 30%of the cost of each order.Some restaurants pay these fees directly,which reduces their operating margins, while others have had to increase menu prices, which discourages potential customers. Noting that restaurants have been disproportionately impacted during COVID-19,several cities have adopted temporary ordinances to limit the fees that third party apps can charge restaurants during the pandemic.For example,the City of Los Angeles implemented fee caps of 15%and 5%for delivery and non-delivery fees that restaurants have paid,respectively.Further,the Los Angeles regulations also mandate that 100% of tips go directly to the drivers. Other cities that adopted similar measures in California include Alhambra,Palm Springs,San Francisco,and Santa Clara.Of note,these measures are temporary and are set to expire upon the end of the pandemic, or the lifting of indoor dining COVID-19 restrictions, whichever comes first. On February 1, 2021, the City Council considered Councilmember Moser’s initiated item directing staff to prepare a temporary ordinance that limits the fees paid by restaurants to Third-party Food Delivery Service during the COVID-19 pandemic. The Council approved the motion directing staff to prepare the temporary ordinance that places a 15% cap on fees paid by restaurants and a 5% cap on non-delivery fees paid by customers until the current COVID-19 pandemic restriction on both indoor and outdoor dining are lifted. The Huntington Beach Charter Section 501 sets the requirements for emergency ordinances, which requires at least five (5) affirmative votes and the all emergency ordinances expire after 120 day if no further Council action is completed. The City Attorney’s Office prepared Ordinance No. 4229 for Council Consideration that includes the following provisions for Third-party Food Delivery Service: ·Limits charging delivery fee to no more than fifteen (15) percent of the purchase price of each online order. ·Prohibits charging any amount designated as a delivery fee for an online order that does not involve the delivery of food or beverages. ·Limits charges for all other fees, commissions, or costs for service to no greater than five (5) percent of the purchase price. ·The cost for food or beverage item charged to customers through the apps are limited to the price set by the retail food establishment. City of Huntington Beach Printed on 3/10/2021Page 2 of 3 powered by Legistar™ File #:21-241 MEETING DATE:3/15/2021 ·Any tip or gratuity shall be paid, in its entirety, to the person delivering the food or beverages. The ordinance also requires the Third-party Food Delivery Service to disclose to the customer an accurate, clearly identified, and itemized cost breakdown of each transaction including and not limited the purchase price of food and beverages, delivery fees, other fees and commissions, and gratuity. The ordinance provides enforced alternatively as a misdemeanor or an infraction at the discretion of the City Attorney, or the City Attorney may bring a civil action to enforce the provision of the urgency Ordinance The Council may approve the Ordinance with five or more affirmative votes declaring an emergency measure and for immediate preservation of the public peace, health, or safety during the COVID-19 pandemic, and the provisions will remain in effect for 120 day after which will expire. Environmental Status: Not applicable. Strategic Plan Goal: COVID-19 Response Attachment(s): 1.Ordinance No 4229, An Emergency and Interim Ordinance of the City of Huntington Beach Establishing Limitations on Third-Party Food Delivery Fees City of Huntington Beach Printed on 3/10/2021Page 3 of 3 powered by Legistar™ ORDINANCE NO. 4229 AN EMERGENCY AND INTERIM ORDINANCE OF THE CITY OF HUNTINGTON BEACH ESTABLISHING LIMITATIONS ON THIRD-PARTY FOOD DELIVERY FEES WHEREAS , the City of Huntington Beach is a charter city organized pursuant to Article XI of the California Constitution and pursuant to the authority so granted, the City has the power to make and enforce within its limits all ordinances and regulations with respect to municipal affairs not in conflict with its own charter. Such police powers include without limitation the ability to adopt emergency ordinances for the immediate preservation of the public peace, health, or safety pursuant to Section 50 I of the City Charter; and WHEREAS, due to the spread of COVID-I 9 (corona virus) within the State, on March 4, 2020, Governor Gavin Newsom, declared local and state public hea lth emergencies due to the spread of COVID-19 locally and within the State, pursuant to Health & Safety Code Section 10 I 080 and Government Code Section 8625, respectively; and WHEREAS, as a result of the spread ofCOVID-19, restaurants were prohibited from providing in-person dining, and were limited to drive through, pick-up or delivery. Pursuant to California Health and Safety Code sections 101030, 101040, 101470 , 120175, and 120130, on December 17, 2020, the County of Orange Health Officer issued Orders and Strong Recommendations providing that the only businesses and activities allowed to open are those under the purple tier assigned to Orange County, provided that s uch businesses and activities comply with all applicable restrictions for the purple tier. The purple tier prohibits indoor dining at restaurants, and permits only outdoor dining with modifications. Further, to help prevent the spread of droplets containing COVID-19, all County residents and visitors shall wear face coverings when outside of the home, and comply with the Limited Stay At Home Order, issued by California Department of Public Health, effective November 21, 2020 10:00 pm PST; and WHEREAS, the County Health Officer's Strong Recommendations state that all Orange County residents who are 65 years old or older; have serious underlying medical conditions, or have a compromised immune system should remain at home; WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on this Emergency and Interim Ordinance, including, but not limited to, the staff report, and all written and oral testimony presented; and WHEREAS, the City Council finds that approval of this Ordinance would not only make the use of third-party delivery services more affordable, thereby enabling an increase in their use by consumers, and reducing the p9tential for spread of COVID-19 from in-pers on dining, but also reduce COVID-19's economic impacts on retail food establi shments and food consumers. The City Council of the City of Huntington Beach does hereby ordain as follows: ADOPTION OF LIMITS ON THIRD PARTY FOOD DELIVERY SERVICES. SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following definitions apply · ORDINANCE NO. 4229 A. "City" means the City of Huntington Beach. B. "Delivery Fee" means a fee charged by a Third-party Food Delivery Service for providing a Retail Food Establishment with a service that delivers food and beverages from such establ ishment to customers. The term does not include any other fee or cost that may be charged by a Third-party Food Delivery Service to a Retail Food Establishment, such as fees for listing or adve11i sing the Retail Food Establi shment on the Third -party Food Delivery Ser vice platform or fees related to processing the online ord e r, including, but not li mited to, service fees, fees for facilitating Online Orders for pick-up, and credit card processing fees. C . "Online Order" means an order placed by a customer through or with the assistance of a platform provided by a Third-Party Food Delivery Service, including a telephone order, for delivery or pick-up within the City. D. "Purchase Price" means the price, as li sted on the menu, for the items contained in an Online Order, minus any app li cable coupon or promotional discount provided to the customer by the Retail Food Establishment through the Third-Party Food Delivery Service. This definition does not include taxes, gratuities, and any other fees or costs that may make up the total amount charged to the customer of an Online Order E. "Retail Food Establishment" means a restaurant, delicatessen, bakery, coffee sh op , or other eat-in or carry-out service of processed , or prepared raw and ready-to-eat food or beverage. F. "Third-party Food Delivery Service" means any website, mobile application, or other internet service that offers or arranges for the sale of food and beverages prepared by, and the delivery or pick-up of food and beverages from , no fewer than twenty (20) Retai l Food Estab li shments located in the C ity that are each owned and operated by different persons. SECTION 2. PROHIBITIONS. A. It shall be unlawful for a Third-party Food Delivery Service to c harge a Retail Food Establ islunent a Delivery Fee that totals more than fifteen (15) percent of the Purchase Price of each Online Order. B. It shall be unlawful for a Third-party Food Delivery Service to charge a Retail Food Establ ishment any amount designated as a Delivery Fee for an Online Order that does not involve the delivery of food or beverages. C. It shall be unlawful for a Third-party Food Delivery Service to charge a Retai l Food Establi shment any combination of fees, commissions, or costs for the Retail Food Establishment's use of the Third-party Food Delivery Service that is greater than five (5) percent of the Purchase Price of each Online Order. Fees, commissions, or costs do not include the Delivery Fee. D. It sha ll be unl awfu l for a Third-party Food Delivery Service to charge a Retail Food Establi shment any fee, commission, or cost that is to be paid to the Third -p arty Food Delivery Service, other than as permitted in Subsections A tlu·ough C, above. E. It s hall be unl awfu l for a Thi r d-pa rty Food Delivery Service to charge a customer any Purchase Price for a food or beverage item that is higher than the price set by the Retail Food 2 2 1-9342/244971/Sff ORDINANCE NO. 4229 Establishment on the Third-Party Food Delivery Service or, if no price is set by the Retail Food Establishment on the Third-Party Food Delivery Service, the price listed on the Retail Food Establishment's own menu. F. It shall be unlawful for a Third-party Food Delivery service to retain any portion of amounts designated as a tip or gratuity. Any tip or gratuity shall be paid by the Third-party Delivery Service, in its entirety, to the person delivering the food or beverages. G. As an example, if a customer orders a meal that is advertised for $10.00 on the Third-party Food Delivery Service's app, the Third-party Food Delivery Service cannot charge the customer more than $10 .00 for the meal, or charge the restaurant more than $1.50 as a Delivery Fee. In addition, the Third-party Food Delivery Service may not charge the restaurant more than .50¢ as a fee or commission for the restaurant's placement on the Third-party Food Delivery Service's app. Finally, any tip the customer pays the delivery person shall not be paid to the Third-party Food Delivery Service. SECTION 3. DISCLOSURES. A. The Third-party Food Delivery Service shall disclose to the customer an accurate, clearly identified, and itemized cost breakdown of each transaction, including, but not limited to the following: 1. The Purchase Price of the food and beverages at the cost listed on the Retail Food Establishment's menu; 2. The Delivery Fee charged to the Retail Food Establishment; 3. Each fee , commission, or cost, other than a Delivery Fee, charged to the Retail Food Establishment; 4. Each fee, commission, or cost, other than the Delivery Fee or the Purchase Price of the food, charged to the customer by the Third-party Food Delivery Service; and, 5. Any tip or gratuity that will be paid to the person delivering the food or beverages. SECTION 4. ENFORCEMENT. A. A violation of this Ordinance shall subject the violator to the following: 1. Notwithstanding any other provision in this Code, each violation of the provisions of this Chapter may be enforced alternatively as a misdemeanor or an infraction at the discretion of the City Attorney, or the City Attorney may institute an action in any court of competent jurisdiction to restrain, enjoin or abate the condition(s) found to be in violation of the provisions of this Chapter. 2 . A civil action in the Superior Court of the State of California to recover all actual damages resulting from a violation of this ordinance. 3 . A civil action alleging a violation of any provision of this Ordinance shall commence only after the following requirements have been met: 3 21-9342/244971 /SFF ORDINANCE NO. 4229 a . Written notice is provided to the Third-party Food Delivery Service of the Provisions of this Ordinance alleged to have been violated and the facts to support the alleged violation; and b. The Third-party Food Delivery Service is provided 15 days from the date of the written notice to cure any alleged violation. SECTION 5. ADOPTION AND SUNSET. Pursuant to Charter Section 501, this Ordinance is hereby declared to be an emergency measure for the immediate preservation of the public peace, health or safety during the COVID 19 pandemic and becomes effective immediately upon adoption by at least five affirmative votes. This Ordinance shall automatically expire automatically after 120 days or repeal by the City Council. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2021. Mayor ATTEST: APPROVED AS TO FORM: City Clerk s,.. City Attorne/ INITIATED AND APPROVED: City Manager 4 21-934212 44971 /SFF City of Huntington Beach File #:21-243 MEETING DATE:3/15/2021 Submitted by Mayor Carr - Consider directing staff to analyze and assess Zoning Code and Parking Requirement adjustments to facilitate ongoing Outdoor Dining and Retail Operations after the pandemic I recommend that the City Council direct staff to analyze and develop options for updating the City’s zoning code and parking standards to allow for a permanent expansion of outdoor dining and retail services on private property. City of Huntington Beach Printed on 3/10/2021Page 1 of 1 powered by Legistar™ CITY OF HUNTINGTON BEACH CITY COUNCIL MEETING – COUNCIL MEMBER ITEMS REPORT TO: THE HONORABLE CITY COUNCIL FROM: KIM CARR, MAYOR DATE: MARCH 15, 2021 SUBJECT: CONSIDER DIRECTING STAFF TO ANALYZE AND ASSESS ZONING CODE AND PARKING REQUIREMENT ADJUSTMENTS TO FACILITATE ONGOING OUTDOOR DINING AND RETAIL OPERATIONS AFTER THE PANDEMIC BACKGROUND One of the successful COVID-19 pandemic response actions instituted by the City was our Temporary Emergency Use Permit program that facilitated expanded outdoor dining and retail operations for Huntington Beach businesses. As we continue to make progress in the fight against the coronavirus pandemic, I have been approached by business entities who have asked if they can continue operating outdoors on private property, even after the pandemic ends. A cursory review of the matter has identified that zoning code requirements and parking standards are two of the key issues that would prohibit the continuation of outdoor dining and retail operations after COVID-19 regulations are lifted. In an effort to support our local businesses, and to serve as an additional economic development tool, I would propose that the City analyze ways to allow for a reasonable expansion of outdoor dining and retail operations on private property to occur on a permanent basis after expiration of the City’s Temporary Emergency Use Permit program. Such an effort would also be in line with goals that the City Council established d uring our 2021 Strategic Planning workshop. Specifically, as part of our Economic Development & Housing Priorities, we identified the utilization of updates to the City’s land use policies as an economic development tool by reviewing existing zoning codes and parking ratios. RECOMMENDED ACTION I recommend that the City Council direct staff to analyze and develop options for updating the City’s zoning code and parking standards to allow for a permanent expansion of outdoor dining and retail services on private property. City of Huntington Beach File #:21-242 MEETING DATE:3/15/2021 Submitted by Councilmember Kalmick - Elimination of two staff level committees - Environmental Assessment Committee (EAC) and Subdivision Committee I recommend that the City Council direct staff to prepare the ordinances and/or resolutions necessary to comply with relevant State law to eliminate both the EAC and the Subdivision Committee and to roll those existing functions into the appropriate review body. City of Huntington Beach Printed on 3/10/2021Page 1 of 1 powered by Legistar™ CITY OF HUNTINGTON BEACH CITY COUNCIL MEETING – COUNCIL MEMBER ITEMS REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: DAN KALMICK, CITY COUNCIL MEMBER DATE: MARCH 15, 2021 SUBJECT: ELIMINATION OF TWO STAFF LEVEL COMMITTEES – ENVIRONMENTAL ASSESSMENT COMMITTEE AND SUBDIVISION COMMITTEE BACKGROUND As part of the City Council’s 2021 Strategic Planning workshop held on January 5, 2021, one of the approved goals involved assessing the City’s overall structure for its boards and commissions. In line with that identified objective, there are two committees that I believe can be eliminated quickly, which if approved would help to streamline existing City processes while also cutting red tape for those looking to develop or redevelop their properties. The Environmental Assessment Committee (EAC) – not to be confused with the Environmental Board – is comprised of one staff member each from the Community Development Department, Public Works Department, and the City Attorney’s Office. The EAC typically examines a project very early in the process so that the appropriate CEQA document and public review period can be advertised prior to action by the higher decision-making body. However, such a determination is wholly made by staff via existing regulations and does not need to be coordinated through an additional formalized EAC process. The Subdivision Committee (which I served on as a Planning Commissioner, and which I attended a few times during the past eight years) consists of three Planning Commissioners and a representative from the Fire, Public Works, and Planning Departments. The body reviews each tentative map for compliance with the Subdivision Map Act, as well as City standards and policies. The Committee is advisory only and in my experience has been a pro forma body. If eliminated, any approvals currently considered by the Subdivision Committee could be rolled into reviews by the Zoning Administrator, the Planning Commission, and/or the City Council. Eliminating both committees would streamline the entitlement process by eliminating several currently required steps. RECOMMENDED ACTION I recommend that the City Council direct staff to prepare the ordinances and/or resolutions necessary to comply with relevant State law to eliminate both the EAC and the Subdivision Committee and to roll those existing functions into the appropriate review body.