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HomeMy WebLinkAbout2023-08-01 Agenda PacketIN-PERSON PUBLIC PARTICIPATION: Members of the public are welcome to attend City Council meetings in person. Alternate ways to view meetings live or on -demand include: livestreamed on HBTV Channel 3 (replayed on Wednesday at 10:00 a.m. and Thursday at 6:00 p.m.); live and archived meetings for on-demand viewing accessed from https://huntingtonbeach.legistar.com/calendar , https://bit.ly/SurfCityTV, or the City's YouTube Channel at https://www.youtube.com/cityofhb , or from any Roku, Fire TV or Apple device by downloading the Cablecast Screenweave App and searching for the City of Huntington Beach channel. PUBLIC COMMENTS: Individuals wishing to provide a comment on agendized or non -agendized items including Study Session, Closed Session, and Public Hearing, may do so in person in the City Council Chambers by completing a Request to Speak form delivered to the City Clerk. SUPPLEMENTAL COMMUNICATION: Members of the public unable to personally participate in the meeting but interested in communicating with the City Council on agenda -related items are encouraged to submit a written (supplemental) communication to the Council via email at SupplementalComm@Surfcity-hb.org . Supplemental Communications are public record, and if received by 9:00 AM on the day of the meeting, 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. Communications received after the 9:00 AM deadline will be incorporated into the administrative record. Members of the public are also welcome to communicate with the City Council (and staff supporting Council) at City.Council@surfcity-hb.org . 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 City Council/Public Financing Authority Tuesday, August 1, 2023 Council Chambers 2000 Main Street Huntington Beach, CA 92648MAYOR AND CITY COUNCIL TONY STRICKLAND, Mayor GRACEY VAN DER MARK, Mayor Pro Tem RHONDA BOLTON, Councilmember PAT BURNS, Councilmember DAN KALMICK, Councilmember CASEY McKEON, Councilmember NATALIE MOSER, Councilmember STAFF AL ZELINKA, City Manager MICHAEL E. GATES, City Attorney ROBIN ESTANISLAU, City Clerk ALISA BACKSTROM, City Treasurer AGENDA August 1, 2023City Council/Public Financing Authority 5:00 PM - COUNCIL CHAMBERS CALL TO ORDER ROLL CALL Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, Burns CITY COUNCILMEMBER COMMENTS (3-Minute Time Limit) - The Mayor will facilitate a voluntary opportunity for members of the Huntington Beach City Council to individually make brief comments to the public. Please note that the Brown Act does not allow for lengthy comments, discussion, or action on topics that are not on the agenda. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS (3-Minute Time Limit) At this time, the City Council will receive comments from members of the public regarding any topic, including items on the Study Session and /or Closed Session agendas. Individuals wishing to provide a comment on item (s) may do so in person by filling out a Request to Speak form delivered to the City Clerk. All speakers are encouraged, but not required to identify themselves by name. Each speaker may have up to 3 minutes unless the volume of speakers warrants reducing the time allowance. Please note that the Brown Act does not allow discussion or action on topics that are not on the agenda. Members of the public who would like to speak directly with a Councilmember on an item not on the agenda may consider scheduling an appointment by contacting the City Council's Administrative Assistant at (714) 536-5553 or emailing the entire City Council at city.council@surfcity-hb.org. RECESS TO CLOSED SESSION CLOSED SESSION 23-6611.CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov. Code section 54956.8.) Property: Huntington Central Park Equestrian Center located at 18381 Goldenwest Street, Huntington Beach, CA 92648 (APN: 894-901-96). Agency negotiator: Chris Cole, Acting Deputy Director, Community & Library Services; Kriss Casanova, Economic Development Manager, Community Development; William Krill, Real Estate & Project Manager, Public Works. Negotiating parties: Mary Behrens, President, National Equestrian Centers, Inc. Under negotiation: Amendment to the current lease. 6:00 PM – COUNCIL CHAMBERS Page 1 of 9 AGENDA August 1, 2023City Council/Public Financing Authority RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING ROLL CALL Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, Burns 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. 23-6622.Huntington Beach Police Chaplain James Pike CLOSED SESSION REPORT BY CITY ATTORNEY ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS (3-Minute Time Limit) At this time, the City Council will receive comments from members of the public regarding any topic, including items on the open session agenda. Individuals wishing to provide a comment may do so in person by filling out a Request to Speak form delivered to the City Clerk. All speakers are encouraged, but not required to identify themselves by name. Each speaker may have up to 3 minutes unless the volume of speakers warrants reducing the time allowance. Please note that the Brown Act does not allow discussion or action on topics that are not on the agenda. Members of the public who would like to speak directly with a Councilmember on an item not on the agenda may consider scheduling an appointment by contacting the City Council's Administrative Assistant at (714) 536-5553 or emailing the entire City Council at city.council@surfcity-hb.org. While the City Council welcomes public involvement and supports and defends free speech, the City Council rejects comments from anyone that are discriminatory, defamatory or otherwise not protected free speech. Those comments will not inform nor be considered by the City Council and may be cause for the Mayor to interrupt the public speaker. Such public comments will not be consented to or otherwise adopted by the City Council in its discussions and findings for any matter tonight. COUNCIL COMMITTEE APPOINTMENT ANNOUNCEMENTS Councilmembers may make brief announcements on any appointments made to a board, committee, or commission. Councilmembers may not discuss or take any action on these announcements. Announcements are limited to 1 minute. Page 2 of 9 AGENDA August 1, 2023City Council/Public Financing Authority 23-6643.Appoint Voting Delegate and Alternates for the League of California Cities Annual Conference and Expo - September 20-22, 2023 Appoint a City Council Member to serve as the voting delegate and a City Council Member as an alternate, to represent the City of Huntington Beach at the 2023 League of California Cities Annual Conference & Expo. The General Assembly will be held on Friday, September 22, 2023. Recommended Action: AB 1234 REPORTING Per AB 1234 (Government Code Section 53232.3(d)) Councilmembers who attend a meeting, conference, or similar event at the expense of the City must provide a brief report of the meeting, conference, or similar event during the next regular City Council meeting. Reports are limited to 1 minute. OPENNESS IN NEGOTIATION DISCLOSURES Councilmembers must publicly disclose any meetings or communications with City employee associations, related to the negotiations of labor agreements. Disclosures are limited to 1 minute and must be made by the next regular City Council Meeting. CITY MANAGER'S REPORT 23-6104.OneHB Public Service Excellence Vision CITY TREASURER'S REPORT 23-5785.Receive and File the City Treasurer’s June 2023 Quarterly Report Receive and File the City Treasurer’s Quarterly Report for June 2023, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. Recommended Action: CITY ATTORNEY'S REPORT 23-6126.In response to Dec 20, 2022 City Council direction, report on history of authorized actions in the Moore v. City, Gates lawsuit and report on review of RWG involvement 23-6717.Update on Pacific Airshow v. City of Huntington Beach lawsuit CONSENT CALENDAR CITY CLERK 23-6528.Approve and Adopt Minutes Page 3 of 9 AGENDA August 1, 2023City Council/Public Financing Authority A)Approve and adopt the City Council/Public Financing Authority special meeting minutes of June 8, 2023; and, B)Approve and adopt the City Council/Public Financing Authority regular, and Housing Authority special meeting minutes of July 18, 2023 Recommended Action: 23-6639.July Update of Activities for Citizen Boards, Commissions, Committees (BCCs) and Regional Agencies Receive and File. Recommended Action: COMMUNITY DEVELOPMENT 23-63010.Adopt Resolution 2023-35 Confirming Cost Report for Weed Abatement on Private Parcels within the City for the 2023 Season A) Adopt Resolution 2023-35 “A Resolution of the City Council of the City of Huntington Beach Confirming the Report of the Public Works Director Regarding the Cost for Weed Abatement on Private Property Within the City for the 2023 Season;” and , B) Direct that all charges listed thereon be certified to the Orange County 2023/24 Property Tax Roll. Recommended Action: COMMUNITY AND LIBRARY SERVICES 23-63111.Approve the Non-Exclusive License Agreement between the City of Huntington Beach and Children’s Bureau of Southern California for the Operation of the Oak View Center Approve and authorize the Mayor and the City Clerk to execute the non-exclusive license agreement between the City of Huntington Beach and Children’s Bureau of Southern California for the continued operation of the Oak View Center. Recommended Action: 23-64212.Approve the design concept and placement of a memorial plaque honoring Donald MacAllister, Past Mayor, on Tower Zero of the Huntington Beach Municipal Pier as recommended by the Community & Library Service Commission Approve the design concept and placement of a memorial plaque honoring Donald “Don” Andrews MacAllister at Tower Zero on the Huntington Beach Municipal Pier as recommended by the Community & Library Services Commission . Recommended Action: Page 4 of 9 AGENDA August 1, 2023City Council/Public Financing Authority FIRE DEPARTMENT 23-59913.Approve and authorize execution of Amendment No. 2 to agreement between the City of Huntington Beach and Wittman Enterprises, LLC for additional compensation not to exceed $320,000 to provide billing services for emergency paramedic and ambulance services Approve and authorize the Mayor and City Clerk to execute “Amendment No. 2 to Agreement Between the City of Huntington Beach and Wittman Enterprises, LLC for Billing Services for Emergency Paramedic and Ambulance Services” for additional compensation not to exceed $320,000 . Recommended Action: 23-65714.Approve and accept the Fiscal Year (FY) 2022 Assistance to Firefighters Grant; authorize the Fire Chief and Chief Financial Officer to execute documents; and approve budget appropriations A) Approve and accept the FY 2022 Assistance to Firefighters Grant awarded to the City of Huntington Beach; and B) Assign authority to the Fire Chief and Chief Financial Officer as the officials to execute and sign for the FY 2022 Assistance to Firefighters Grant award, agreement, amendments, and extensions; and C) Approve the budget appropriations and expenditures of $144,290.90, which is the federal award amount. The remaining $14,429.10 non-federal matching requirement will be funded by existing budget appropriations in the FY 2023/24 Fire Department operating budget. Recommended Action: HUMAN RESOURCES 23-63915.Approve the reappointment of Dianne Thompson and appointment of Charles Barsam, Justin Betance and Ron Pasqual to the Personnel Commission, as recommended by Council Liaisons, Mayor Pro Tem Gracey Van Der Mark and Council Member Pat Burns Approve the reappointment of Dianne Thompson, and the appointment of Charles Barsam, Justin Betance and Ron Pasqual to the Personnel Commission for the term of July 1, 2023 through June 30, 2025, as recommended by the Council Liaisons to the Personnel Commission. Recommended Action: 23-66016.Approval of Professional Services Contract between the City of Huntington Beach and INTERCARE for Workers’ Compensation Third Page 5 of 9 AGENDA August 1, 2023City Council/Public Financing Authority Party Administration of Claims Approve the Professional Services Contract between the City of Huntington Beach and INTERCARE for Workers’ Compensation Third Party Administration of Claims for a three-year term. Recommended Action: 23-50117.Adopt Resolution No. 2023-36 of the City Council of the City of Huntington Beach approving the Side Letter to the Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Fire Management Association for the term July 1, 2021 through December 31, 2023 Adopt Resolution No. 2023-36, “A Resolution of the City Council of the City of Huntington Beach Approving the Side Letter to the Memorandum of Understanding Between the City of Huntington Beach and the Huntington Beach Fire Management Association for the Term July 1, 2021 through December 31, 2023” authorizing the Side Letter between the City of Huntington Beach and the Huntington Beach Fire Management Association for the term beginning July 1, 2021 through December 31, 2023. Recommended Action: 23-65618.Pursuant to the Non-Associated (NA) Resolution, approve Pay Step for new hire, Chief Assistant City Attorney, Randy J. Risner, and authorize the City Attorney to enter into such an employment contract Approve NA Salary Schedule Pay Step G effective April 1, 2023 for new hire, Chief Assistant City Attorney, Randy J. Risner and authorize the City Attorney to enter into such an employment contract . Recommended Action: POLICE DEPARTMENT 23-64719.Request authorization to use Supplemental Law Enforcement Services Fund (SLESF) monies to fund up to $500,000 in increased costs for the purchase of the City’s third police helicopter A)Authorize the use of up to $500K in SLESF funds to cover the outlined expenses; and B)Appropriate up to $500K from the SLESF fund balance to account 98470101. Recommended Action: 23-64820.Request to approve a three year agreement with Waymakers for Gang Prevention and Intervention Program services Recommended Action: Page 6 of 9 AGENDA August 1, 2023City Council/Public Financing Authority Approve and authorize the Mayor and City Clerk to execute a “Professional Services Contract between the City of Huntington Beach and Waymakers for the Management of Gang Prevention and Intervention Program.” 23-62921.Approve and authorize execution of a one-year agreement with the Riverside County Sheriff’s Department to participate in Operation Stone Garden A)Approve and authorize Police Chief Eric G. Parra to execute the “Agreement for Fiscal Year 2022 Operation Stonegarden (OPSG);” and, B)Appropriate $369,000 in grant funding for Operation Stone Garden. Recommended Action: 23-49822.Approve and authorize the execution of contract amendments with Norman A. Traub & Associates, LLC and Beard Investigative Services, LLC for background investigative services, increasing compensation by $75,000 per contract and extending the terms through June 30, 2024 A) Approve and authorize the Mayor and City Clerk to execute “Amendment No. 3 to Agreement between the City of Huntington Beach and Norman A. Traub and Associates LLC for Background Services” (Attachment 1); and, B) Approve and authorize the Mayor and City Clerk to execute “Amendment No. 2 to Agreement between the City of Huntington Beach and Beard Investigative Services LLC for Background Investigative Services” (Attachment 2). Recommended Action: PUBLIC WORKS 23-64423.Accept the lowest responsive and responsible bid and authorize the execution of a construction contract with Excel Paving Inc. for $418,250 for the Flow Line Half Round Drainage Inlet Structures Project, CC1733 A) Accept the lowest responsive and responsible bid submitted by Excel Paving Inc. in the amount of $418,250; B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City attorney; and C) Approve the appropriation of $180,988 from the Drainage Fund (211) to account 21188007.82500. Recommended Action: Page 7 of 9 AGENDA August 1, 2023City Council/Public Financing Authority 23-62124.Award and authorize the execution of a construction contract with Mehta Mechanical Company, Inc., in the amount of $4,134,200 for the Humboldt Sewer Lift Station Replacement Project, CC-1634 A)Accept the lowest responsive and responsible bid submitted by Mehta Mechanical Company, Inc., in the amount of $4,134,200; and , B)Appropriate $887,502 from the undesignated Sewer Service fund balance to 51189017.82600; and , C) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney . Recommended Action: 23-60825.Accept the lowest responsive and responsible bid and authorize execution of a construction contract with Sancon Technologies, Inc. in the amount of $1,318,770 for the Fiscal Year 22/23 Sewer Lining Project, CC-1728 A) Accept the lowest responsive and responsible bid submitted by Sancon Technologies, Inc. in the amount of $1,318,770.00; and B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Recommended Action: 23-56526.Approve a Sole Source Procurement Request with Cascade Pump Company for the servicing or replacement of mixed or axial flow pumps used at all 15 flood control stations Approve the sole source procurement request with Cascade Pump Company to service the City’s existing Cascade pumps at its flood control stations. Recommended Action: ADMINISTRATIVE ITEMS 23-64127.Recommendations to streamline and restructure a select number of citizen-led Boards, Commissions, and Committees and Council Committees A)Consider the Ad Hoc Committee’s nine recommendations to reform, consolidate, and/or dissolve a select number of BCCs, as outlined in the staff report below; and Recommended Action: Page 8 of 9 AGENDA August 1, 2023City Council/Public Financing Authority B)Direct staff to work with the City Attorney’s Office and develop the appropriate Resolution(s), Ordinance(s), and other documents necessary to implement City Council directed adjustments and bring them back to the City Council; and C)Direct staff to plan an appropriate event to recognize and thank citizen appointees who will be retiring due to this restructuring effort for their contribution. 23-67028.Consider the City Council Charter Review Ad Hoc Committee’s recommended Charter Amendments for placement as ballot measures at the March 5, 2024 Statewide Primary Election A)As requested by the Ad Hoc committee, consider one or more Charter amendments for placement on one or more ballot measures for voter approval during the March 5, 2024 Statewide Primary Election; and, B)Direct the City Attorney to review each amendment and direct staff to prepare and return ballot measure language and all other materials required for submittal to the ROV for City Council consideration. Recommended Action: COUNCILMEMBER ITEMS 23-67229.Submitted by Councilmember Burns - Amending the Declaration of Policy on Human Dignity Recommend that the City Council amend the Declaration of Policy on Human Dignity through an Ad Hoc Committee of three City Council members appointed by the Mayor; and, the amendments to the Declaration of Policy on Human Dignity be presented at a future City Council Meeting, October 3, 2023 to the City Council for approval of the newly amended Declaration of Policy on Human Dignity. Recommended Action: ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Wednesday, September 5, 2023, in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. The Huntington Beach City Council/Public Financing Authority regular meeting of August 15, 2023 has been cancelled due to a lack of quorum. 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 9 of 9 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-661 MEETING DATE:8/1/2023 CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov. Code section 54956.8.) Property: Huntington Central Park Equestrian Center located at 18381 Goldenwest Street, Huntington Beach, CA 92648 (APN: 894-901-96). Agency negotiator: Chris Cole, Acting Deputy Director, Community & Library Services; Kriss Casanova, Economic Development Manager, Community Development; William Krill, Real Estate & Project Manager, Public Works. Negotiating parties: Mary Behrens, President, National Equestrian Centers, Inc. Under negotiation: Amendment to the current lease. City of Huntington Beach Printed on 7/26/2023Page 1 of 1 powered by Legistar™ City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-662 MEETING DATE:8/1/2023 Huntington Beach Police Chaplain James Pike City of Huntington Beach Printed on 7/26/2023Page 1 of 1 powered by Legistar™ City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-664 MEETING DATE:8/1/2023 Appoint Voting Delegate and Alternates for the League of California Cities Annual Conference and Expo - September 20-22, 2023 Appoint a City Council Member to serve as the voting delegate and a City Council Member as an alternate, to represent the City of Huntington Beach at the 2023 League of California Cities Annual Conference & Expo. The General Assembly will be held on Friday, September 22, 2023. City of Huntington Beach Printed on 7/26/2023Page 1 of 1 powered by Legistar™ 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, June 21, 2023 TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES League of California Cities Annual Conference and Expo, Sept. 20-22, 2023, Sacramento SAFE Credit Union Convention Center Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy. Taking place on Sept. 22, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions. To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official. Please complete the attached voting delegate form and email it to Cal Cities office no later than Monday, August 28. New this year, we will host a pre-conference information session for voting delegates to explain their role. Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre- conference communications with voting delegates. Please view Cal Cities’ event and meeting policy in advance of the conference. Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. Council Action Advised by August 28, 2023 LEAGUE OF CALIFORNIA CITIES Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website. For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly. Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official. Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate. The voting delegate desk, located in the conference registration area of the SAFE Credit Union Convention Center in Sacramento, will be open at the following times: Wednesday, Sept. 20, 8:00 a.m.- 6:00 p.m. and Thursday, Sept. 21, 7:30 a.m.- 4:00 p.m. On Friday, Sept. 22, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting. The voting procedures that will be used at the conference are attached to this memo. Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates. Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Monday, Aug. 28. If you have questions, please contact Zach Seals at zseals@calcities.org. Attachments: • General Assembly Voting Guidelines • Voting Delegate/Alternate Form • Information Sheet: Cal Cities Resolutions and the General Assembly LEAGUE OF CALIFORNIA CITIES 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines 1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy. 2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee. 3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly. 4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution. 5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate. 6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate. 7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly. LEAGUE OF CALIFORNIA CITIES CITY: ________________________________________ 2023 ANNUAL CONFERENCE VOTING DELEGATE/ALTERNATE FORM Please complete this form and return it to Cal Cities office by Monday, August 28, 2023. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates. To vote at the General Assembly, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council. Please note: Voting delegates and alternates will be seated in a separate area at the General Assembly. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the voting delegate desk. 1. VOTING DELEGATE Name: Title: 2. VOTING DELEGATE - ALTERNATE Name: Title: Email: _______________________________ Email: ______________________________ 3. VOTING DELEGATE - ALTERNATE Name: Title: Email: _____________________________ ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s). Name: ____________________________________ Email: _________________________________ Mayor or City Clerk: ________________________ Date: __________ Phone: ________________ (circle one) (signature) Please complete and email this form to votingdelegates@calcities.org by Monday, August 28, 2023. I.____ ___ _JI Sixty days before the Annual Conference and Expo, Cal Cities members may submit policy proposals on issues of importance to cities. The resolution must have the concurrence of at least five additional member cities or individual members. How it works: Cal Cities Resolutions and the General Assembly General Assembly General Resolutions Policy Committees Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure that we are representing California cities with one voice. These policies directly guide Cal Cities advocacy to promote local decision-making, and lobby against statewide policy that erodes local control. The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how Resolutions and the General Assembly works. The petitioned resolution is an alternate method to introduce policy proposals during the annual conference. The petition must be signed by voting delegates from 10% of member cities, and submitted to the Cal Cities President at least 24 hours before the beginning of the General Assembly. Petitioned Resolutions The Cal Cities President assigns general resolutions to policy committees where members review, debate, and recommend positions for each policy proposal. Recommendations are forwarded to the Resolutions Committee. Who’s who The Resolutions Committee includes representatives from each Cal Cities diversity caucus, regional division, municipal department, policy committee, as well as individuals appointed by the Cal Cities president. Voting delegates are appointed by each member city; every city has one voting delegate. The General Assembly is a meeting of the collective body of all voting delegates — one from every member city. Seven Policy Committees meet throughout the year to review and recommend positions to take on bills and regulatory proposals. Policy committees include members from each Cal Cities diversity caucus, regional division, municipal department, as well as individuals appointed by the Cal Cities president. During the General Assembly, voting delegates debate and consider general and petitioned resolutions forwarded by the Resolutions Committee. Potential Cal Cities bylaws amendments are also considered at this meeting. Cal Cities policy development is a member-informed process, grounded in the voices and experiences of city officials throughout the state. For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo Resolutions Committee The Resolutions Committee considers all resolutions. General Resolutions approved1 by either a policy committee or the Resolutions Committee are next considered by the General Assembly. General resolutions not approved, or referred for further study by both a policy committee and the Resolutions Committee do not go the General Assembly. All Petitioned Resolutions are considered by the General Assembly, unless disqualified.2 • Voting delegates will receive increased communications to prepare them for their role during the General Assembly. • The General Assembly will take place earlier to allow more time for debate and discussion. • Improvements to the General Assembly process will make it easier for voting delegates to discuss and debate resolutions. What’s new in 2023? During the Annual Conference and Expo 1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f). ••• ----.► G ••• G City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-610 MEETING DATE:8/1/2023 OneHB Public Service Excellence Vision City of Huntington Beach Printed on 7/26/2023Page 1 of 1 powered by Legistar™ City of Huntington Beach O N E S E R V I C E V I S I O N S T A T E M E N T August 1, 2023 HB Service Excellence Initiative HB Service Excellence Initiative To grow/expand the value-driven customer service culture throughout the City of Huntington Beach that permeates every aspect of City operations and every touch point the City has with its residents, businesses, and visitors. Comprehensive Customer Service Assessment (Community Meetings, Stakeholder Interviews, Mystery Shops, Online Survey) Customer Service Study Session for City Council One-Day Large Group Customer Service Training for All City Employees April 2023 May 2, 2023 May 3, 2023 May 3, 2023 Customer Service Seminar for the HB Business Community & Public HB Service Excellence Initiative To grow/expand the value-driven customer service culture throughout the City of Huntington Beach that permeates every aspect of City operations and every touch point the City has with its residents, businesses, and visitors. Five (5) Service Excellence Visioning Sessions with 60+ City Leaders 6-month Individual Customer Service Virtual Training for Select 250 Employees May 4, 2023 May & June, 2023 July - Dec 2023 2023-24 Develop and Implement a 12- month action plan for continuous customer service improvement Customer Service Leadership Team Training Am I seeing this moment through the lens of my customer? Since everything speaks, are the details positively reflecting the City of HB? Is there an opportunity to create a moment of WoW! for this customer? 3 Pillars of Service Excellence Lens of customer Everything Speaks WoW! moment S e r v i c e V i s i o n i n g 1 "S u p e r " T e a m 2 S e r v i c e V i s i o n i n g 3 A c c o m p l i s h e d T o p V i s i o n S t a t e m e n t D a t e May 18, 2023 ELT, DLT, and Key Managers convened to discuss basic ingredients of the City's service vision statements and top frustration. "Committed to Delivering Exceptional Public Service" May 30, 2023 Leadership Team members gathered again to provide final feedback to the service vision statement. "We Are OneHB - Committed to Responsive and Exceptional Public Service for All" May 24, 2023 "Committed to Delivering Responsive & Exceptional Public Service for All" Dept. Representatives met to merge the group's poll results and develop one unified service vision statement. Service Excellence Vision Development Process "S u p e r " T e a m 4 S e r v i c e V i s i o n i n g 5 C i t y C o u n c i l U p d a t e A c c o m p l i s h e d T o p V i s i o n S t a t e m e n t D a t e June 12, 2023 August 01, 2023 Staff presents the City's new Service Excellence Vision Statement to the City Council and the public. Internal "We Are OneHB - Committed to Responsive and Exceptional Public Service for All" July 17, 2023 External "Committed to Responsive and Exceptional Public Service for All" The final internal and external Service Statements and Behavioral Standards were presented to the Leadership Team. Service Excellence Vision Development Process "We Are OneHB - Committed to Responsive and Exceptional Public Service for All" Department Representatives met again to refine and define key terms for the City's Service Vision and Behavioral Standards. "We are OneHB - Committed to Responsive and Exceptional Public Service for All" Service Vision Statement "Committed to Responsive and Exceptional Public Service for All" For the City Team For the Public Committed Responsive Exceptional Public Service For All Standard of Care We are REALLY good at what we do and provide excellent customer care with efficiency, reliability, kindness, and professionalism. We recognize the awesome responsibility of serving the HB community and put our best efforts forward always. We take great pride in our public duty to serve. We make a difference in the HB community. We work together as one team internally and externally to serve the HB community. We serve everyone - residents, businesses, and visitors as well as our internal oneHB team members. We say and do those things that bring people together and maximize success for all served. We recognize the importance of responsiveness and sense of importance and urgency in our service delivery. Standards that all OneHB team members must uphold to realize the service vision statement and carry out the 3 pillars of service excellence for internal and external customers. We are OneHB l-8 ■ ••••••••••••••••••••••••••••••••••••••••••••••••••••••••• ■ • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • ■ ••••••••••••••••••••••••••••••••••••••••••••••••••••••••• I ■ ••••••••••••••••••••••••••••••••••••••••••••••••••••••••• ■ • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • ■ ••••••••••••••••••••••••••••••••••••••••••••••••••••••••• One Team One Focus One Goal W e A r e O n e ...w o r k i n g t o g e t h e r t o s e r v e t h e p e o p l e o f H u n t i n g t o n B e a c h e x c e p t i o n a l l y t o i n s p i r e p r i d e i n o u r c o m m u n i t y . W e a r e o n e t e a m ... t o e n s u r e t h a t H B c o n t i n u a l l y i m p r o v e s i t s s t a n d i n g a s a p r e m i e r c o a s t a l c o m m u n i t y a s m e a s u r e d t h r o u g h t h e h e a l t h o f o u r p e o p l e , o u r o r g a n i z a t i o n , o u r i n f r a s t r u c t u r e , a n d o u r c o m m u n i t y . W e h a v e o n e g o a l ... t o s t a y f a n a t i c a l a b o u t a c h i e v i n g m u n i c i p a l e x c e l l e n c e b y b e i n g a c t i v e c a r e t a k e r s o f o u r u n i q u e , p e o p l e -c e n t r i c H B c u l t u r e . W e h a v e o n e f o c u s Committed We recognize the awesome responsibility of serving the HB community and put our best efforts forward always. Show dedication to our job (e.g. no making excuse; regardless of positions we hold, don't blame other team members. We can all “pick up trash” because everything speaks) Put best efforts forward (e.g. taking ownership and seeing it through; going above and beyond) Be solution-focused (e.g., finding solutions and answers rather than just forwarding inquires to someone else; unacceptable to have “it’s not my job” attitude) Behavioral Standards: ••••••••••••••••••••••••••••••••••••••••••••••••••••••••• • • • Responsive Recognizing the importance of responsiveness and sense of importance and urgency in our service delivery. We all have duties to respond in a timely manner to address issues at hand. Be 100% present with our customers (e.g. show up on time, pay attentions and practice active listening, no checking phones while in communication with customers or in the meeting) Be reliable and always strive for timely follow-through. We all have duties to response and address needs/issues timely. (e.g. acknowledging the receipt of emails/requests such as 24 or 48-hour response rule and informing customers of project ETA and next steps). Quick turn-around. Don't be the one holding up the process. Be clear with who is responsible for what internally and provide sufficient training. Have a clear line of communication with customers (e.g. one point of contact known to external customers including generic City email accounts) Behavioral Standards: ••••••••••••••••••••••••••••••••••••••••••••••••••••••••• • • • • Exceptional Embodies all positive attributes of top-notch, high-quality customer care such as efficiency, reliability, consistency, kindness, personalized service and professionalism that are important to our leadership team. Provide consistent, accurate, and easy-to-access information to customers (e.g. 311 system, centralized information, ensuring customers get same answers to same Qs, etc.) Take a proactive approach with thoughtful planning and service mapping from “lens of customers” in our process; if you see any issues, act proactively and tackle it with urgency Be kind, friendly, and express your desire to help to customers at all times (e.g. simple things like saying hello in the elevator, offer help, friendly tones, etc.) Follow through - delivering results in a promised timeline Go beyond my job responsibilities and partnering with customers to find a solution; ensuring that customers are satisfied (e.g. improve the overall QofL satisfaction of 67%) Be adaptable to changes and learn new laws/regulations and best practices in the industry. Hire customer service-focused individuals, incorporate customer service training to the citywide onboarding progress, and acknowledge/celebrate teammates who exhibit excellent customer service. Take responsibility, learn from mistakes, measure progress, and hold ourselves accountable. Behavioral Standards: • • • • • • • • ••••••••••••••••••••••••••••••••••••••••••••••••••••••••• Public Service Regardless of our job positions, we make a difference in the community and take great pride in our public duty to serve the people of HB. Public service is an essence of what we all do. Be an effective and prudent steward of public funds and actively consider the impact of our decisions on the financial stability of the City and its members Pledge/Live by the City’s Code of Ethics and model high ethical standards. Focus on serving the community with integrity and take our duty seriously to act in the public’s best interest and (re)build public trust. Continue cultivating a just culture of learning from mistakes & keeping everyone accountable. Behavioral Standards: • • • • ••••••••••••••••••••••••••••••••••••••••••••••••••••••••• For All We serve everyone - residents, businesses, and visitors regardless of their background. We also serve our internal OneHB team members as customers. We say and do those things that bring people together and improve their quality of life. Be consistent and treat everyone equally Honor diversity of our constituents and OneHB team members and help create an inclusive, respectful work environment (e.g. respecting work-life balance, tackling difficult issues/projects in collaborative ways, adhering to the City's zero-tolerance policy to discrimination and workplace violence, etc.) Conduct proactive community engagement efforts throughout the City. When we collaborate with diverse communities in HB, we can do our best work. Know what’s expected of you and your defined roles and do them well. We all need one another, communicate proactively and ask questions to eliminate interdepartmental silos. Behavioral Standards: • • • • ••••••••••••••••••••••••••••••••••••••••••••••••••••••••• Service Vision "We are OneHB - Committed to Responsive and Exceptional Public Service for All" INTERNAL: For OneHB team Members Service Vision "Committed to Responsive and Exceptional Public Service for All" EXTERNAL: for the HB Community & Public Served Review 12-month Action Plan by the North Star Consulting to prioritize and implement recommendations. Next Steps HB Service Excellence Continue Dennis Snow's Customer Service Virtual Training for select 250 team members Create an internal working group to meet regularly to identify customer frustrations and develop service improvements. Implement customer service process mapping throughout organization Continue progress on streamlining HB & One Stop Shop project Bring presentation on 311 system to City Council • •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• • •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• • •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• • •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• • •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• • Service Vision Thank you for all you do and being #oneHB team! City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-578 MEETING DATE:8/1/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Alisa Backstrom, City Treasurer PREPARED BY:Alisa Backstrom, City Treasurer Subject: Receive and File the City Treasurer’s June 2023 Quarterly Report Statement of Issue: Receive and File the City Treasurer’s Quarterly Report for June 2023, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. Financial Impact: Not Applicable Recommended Action: Receive and File the City Treasurer’s Quarterly Report for June 2023, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. Alternative Action(s): Do not receive and file, and provide alternative direction. Analysis: An analysis of the City’s investment portfolio as of June 30, 2023 is available in the attached Quarterly Report. Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1.City Treasurer’s Quarterly Report for June 2023 2.City Treasurer’s PowerPoint Presentation for June 2023 City of Huntington Beach Printed on 7/26/2023Page 1 of 2 powered by Legistar™ File #:23-578 MEETING DATE:8/1/2023 City of Huntington Beach Printed on 7/26/2023Page 2 of 2 powered by Legistar™ City of Huntington Beach Quarterly Investment Report June 2023 Prepared by: Alisa Backstrom, MBA, CCMT, CPFIM City Treasurer Colin Stevens, MPP Treasury Manager 1 INVESTMENT PORTFOLIO SUMMARY As of June 30, 2023 Currently, funds within this portfolio with overnight availability are invested in the California Asset Management Program “CAMP”. The CAMP account is considered a “Local Government Investment Pool” or “LGIP” for reporting purposes above. Other funds are invested in U.S. Treasuries, Supranationals (International Bank of Reconstruction and Development “IBRD”, Inter-American Development Bank “IADB”), U.S. Agencies, and corporate bonds. Only the investment types allowed under California Government code Section 53601 and the City’s Investment Policy Statement are utilized. The Federal Reserve Open Market Committee (“FOMC” or “the Fed”) continued to raise the federal funds rate throughout the first half of 2023. Over the last year, the Fed has significantly moved the target rate off the 0% level that it had maintained for two years, with the central bank raising rates ten times since March 2022 in an effort to combat inflation. At the most recent June 2023 meeting, the FOMC maintained the federal funds rate at 5 to 5.25 percent. As interest rates rise, the market value of securities previously purchased at lower than the current market rates, goes down. This has resulted in the current market value of the portfolio being lower than the book value, at $360.6 million versus $376.3 million, respectively. As investments are primarily held to maturity, the market value is only a point-in-time measurement and no loss is realized. The increasing interest rates will allow excess funds to be invested at higher rates resulting in increased interest income in the future. 2 Portfolio Investments --- Par Value Book Value Book Valu e % of Market Value Boo k Y i el d D ays to Maturi ty Port Contri butio n Lo cal Govt Inv Pools (LG IP) $29,60 9,946 .55 $29,609,946 .55 7.8 7% $29,60 9,946 .55 0 .4 12% 1 U.S. Treasur i es $83,000,000.00 $82,720,223 .36 2 1.98% $79,016,180.00 0 .3 56% 577 Su pr anati o n al $29,000,000.00 $29,015,911.05 7 .71% $27,325,370.00 0 .086% 5 27 U.S. Agencies $189,5 25,000.00 $18 9,095,763.01 50.2 4% $1 79,931,506.25 1 .177% 822 Cor por at es $46,446,000.00 $45,906,734.74 1 2.20% $44,687,293.02 0.3 5 1% 696 To tal $377,5 80,9 46.55 $376,348,578.72 100.00% $360,570,295.82 2.38 2% 665 PORTFOLIO BREAKOUT BY SECTOR As of June 30, 2023 The largest holding by security type at month-end was U.S. Agency securities at approximately 50% of the total overall portfolio. This was followed by U.S. Treasury securities at approximately 22% of the total portfolio as of June 30, 2023. Cash held in the Local Government Investment Pools (“LGIP”) has been reduced as longer-term securities have seen interest rates rise. INVESTMENT PORTFOLIO EARNINGS As of June 30, 2023 3 Sector Br eakdown Corp orat es _____ ~ 1 2 .20% U.S. Agencies ___ ., 50.24 % Lo ca l Govt I nv Pools {L GIP ) 7 .87% U.S. Treasuri es 21.98% ..__ __ Sup r an ational 7.71 % Book Value % of Port ~ ___ P_e_r _io_d_E_a_r_ni_n_g_s _Su_m_m_a_ry_(3_0_D_a_y_s_) ---~I ~I _____ F_is_ca_l_YT_D_S_u_m_m_a_ry_(_3_6_5_D_a_y_s) ____ ~ --- N et Pe r i od Earni n g$ $730,900.46 Net Per io d Earn ings $3,097,206.92 Last FY Period Net Earnings $'.B6,6S0.6'.l Last FY Period N et Earnings $1,49?, 1 711.1 1 Avg Dai l y Book Balance $379,910,910.56 Avg Da i ly Book Ba lance $331,371,'.i 6 1 .00 Nel Effecl i ve Annual Relurn 2.366% Net Efleclive A nnua l Return 1.780% Earnings for the month of June 2023 were $730,988, an increase of approximately 117% from the same month in the prior year. Fiscal year-to-date earnings of $5,897,287 were up approximately 69% from the previous fiscal year. These higher earnings were due to both the increase in interest rates and the higher average balance of the portfolio. The effective rate of return for June was 2.37%, with a fiscal year-to-date return of 1.78%. The increase in the June rate of return over that of the fiscal year-to-date return is a result of the portfolio investing in the higher available rates. The benchmark has increased rapidly with the sharp rise in interest rates through 2022 and the first half of 2023. At the end of June, the 12-month moving average of the interpolated 1.5-year U.S. Treasury was 4.28%. The portfolio will lag behind the benchmark, as it will take time for previously purchased securities to mature and for funds to be reinvested. QUARTERLY PORTFOLIO ACTIVITY - SECURITIES April 1 to June 30, 2023 As the Federal Reserve continued to raise rates in the first half of the year, available funds were invested into higher yielding options. For the quarter ending June 30, 2023, thirteen U.S. Agencies were purchased totaling $60.3 million and two corporate bonds (Walmart Inc. and Unilever) were purchased totaling $6.8 million. Seven U.S. Agencies matured for $38 million, and $5 million in Commercial Paper matured. 4 $ i n 000s Secu rit y Ty pe Commerc ia l Paper U.S. T reasuries Supranationals U.S. Agencies Corporate Bonds TOTALS: Transacti o n T ype: Purc hase Maturity/Sa le $0 $5 ,000 $0 $0 $0 $60 ,300 $6 ,762 $67,062 $0 $38 ,000 $0 $43 ,000 COMPLIANCE SUMMARY As of June 30, 2023 There were no compliance issues during this period. ECONOMIC AND MARKET OVERVIEW The Federal Open Market Committee (FOMC) met in June to discuss the current state of the economy and to examine potential future interest rate adjustments. They concluded that recent indicators suggest that economic activity has continued to expand at a modest pace. In addition, the Committee anticipates that some additional policy firming may be appropriate in order to return inflation to 2 percent over time. The Committee stated that it would take into account the cumulative tightening of monetary policy, the lags with which monetary policy affects economic activity and inflation, and economic and financial developments. 5 INVESTMENT MAXIMUM SPECIFIED% MINIMUM QUALITY IN MAXIMUM MATURITY OF PORTFOLIO/ TYPE MAXIMUM PER ISSUER REQUIREMENTS COMPLIANCE Commercial Paper 270 days 25%/10% A1, "A" Rating Category YES U .S. Treasuries 5 years None None YES U .S. Agencies 5 years None None YES Supranat ionals 5 years 30% "AA" Rating Category YES Corporat e Bonds 5 years 30%/10% "A" Rating Category YES CA Asset Management NIA Up to $75,000,000 None Program (CAMP) YES Maximum Ma t urit ies No more t han 50% of portfolio mat uring over 4 years . YES MARKET SUMMARY: March 31, 2023 -JUNE 30, 2023 Fed Funds 2-Yr. 10-Yr. As of: Rate Treasury Treasury S&P 500 DJIA 3 /31 /2023 4 .75 -5 .00 % 4 .06% 3 .48% $ 4,109.31 $ 33,274.15 6 /30/2023 5 .00-5 .25 % 4 .87% 3 .81 % $ 4 ,450.38 $ 34,407.60 %Change 5 .00% 19.95% 9 .48% 8.30% 3.41 % Fixed Income / Equity Markets: The yield on the 10-year U.S. Treasury finished the quarter at 3.81%, up from 3.48% at the end of March. The S&P 500 increased by 8.30% for the quarter while the DJIA increased by 3.41% respectively, over the same period. For the 12-months ending June 30, 2023, the S&P 500 was up 17.57% and the DJIA was up 11.8%. Employment: Total nonfarm payroll employment rose by 209,000 in June, and the unemployment rate was little changed at 3.6 percent. Notable job gains occurred in government, health care, social assistance, and construction. 6 Par Value Book Value Book Value % of Port Market Value Book Yield Contribution Days to Maturity Local Govt Inv Pools (LGIP) U.S. Treasuries Supranational U.S. Agencies Corporates Hold Total $29,609,946.55 $29,609,946.55 7.87%$29,609,946.55 0.412%1 $83,000,000.00 $82,720,223.36 21.98%$79,016,180.00 0.356%577 $29,000,000.00 $29,015,911.05 7.71%$27,325,370.00 0.086%527 $189,525,000.00 $189,095,763.01 50.24%$179,931,506.25 1.177%822 $46,446,000.00 $45,906,734.74 12.20%$44,687,293.02 0.351%696 $377,580,946.55 $376,348,578.72 100.00%$360,570,295.82 2.382%665 Portfolio Investments 06/30/2023 Date City Treasurer TitleAlisa Backstrom I certify that this report and the corresponding pages attached accurately reflect all portfolio combined investments and conforms with all California state statutes and the Huntington Beach investment policy filed on January 17, 2023. The investment program herein shown provides sufficient cash flow liquidity to meet the next six month's obligations. Market values are provided by US Bank via Interactive Data Corp (IDC) Certification Fiscal YTD Transactions Redemptions 7 Purchases 5 Total Activity 12 Period Transactions Redemptions 16 Purchases 29 Total Activity 45 Net Period Earnings $5,897,286.92 Last FY Period Net Earnings $3,492,178.31 Avg Daily Book Balance $331,371,561.00 $1.00 $1.00 Net Effective Annual Return 1.780% Net Period Earnings $730,988.46 Last FY Period Net Earnings $336,650.63 Avg Daily Book Balance $379,918,918.66 $1.00 $1.00 Net Effective Annual Return 2.366% Fiscal YTD Summary (365 Days)Period Earnings Summary (30 Days) __________________________________________________________________________ Portfolio Market Value Accrued Interest Paid at Purchase sum2 Total Market Value $360,570,295.82 $118,604.00 $1.00 $360,688,899.82 Portfolio Book Value Accrued Interest Paid at Purchase sum2 Total Book Value $376,348,578.72 $118,604.00 $2.00 $376,467,182.72 Market Value Book Value Par Value Portfolio Summary Huntington Beach Portfolio: CITY Reporting Date: (FY2023) 06/01/2023 - 06/30/2023 Full Accrual Basis sum2 Total Par Value $1.00 $377,580,946.55 The City Portfolio uses a 12 month moving average of the 1.5Yr Treasury for comparison purposes. This period, that rate is equal to: 4.280% ____________________________________________ 7 ~===:;::::::=======:::: ;::===============;==============~ '--,----_ -_ -_ -_ -_ -_ ----, -_ -_ -_ -_ -_ -_ -_ ____J~ L---r---_ -_ -_ -~-~------' I l Accounting ID Pool Description Type Par Value Book Value Market Value Rate % of Portfolio Composite Rating 003 California Asset Management Program LGIP 29,609,946.55 29,609,946.55 29,609,946.55 5.24 7.87%NR CITY Fund Total           29,609,946.55               29,609,946.55               29,609,946.55    7.87% Portfolio: CITYCash By Fund Report City of Huntington Beach Reporting Period: 06/30/2023 Page: 1 Report Run Date: Jul 11, 2023 8 Accounting ID Cusip Security Description Purchase Date Par Value Book Value Market Value Book Yield Effective Duration Days to Maturity (%) of Portfolio Mdy/S&P/Fitch 4352 912828S92 T 1.250 07/31/2023 (0.08Yr-Fixed)01/14/2022           5,000,000.00           5,002,206.04           4,984,650.00 0.711 0.08 30 1.33% Aaa/AA+/AAA 4357 91282CCN9 T 0.125 07/31/2023 (0.08Yr-Fixed)02/02/2022           5,000,000.00           4,996,467.14           4,980,600.00 0.991 0.08 30 1.33% Aaa/AA+/AAA 4354 9128282D1 T 1.375 08/31/2023 (0.17Yr-Fixed)01/21/2022           5,000,000.00           5,003,896.93           4,968,800.00 0.903 0.17 61 1.33% Aaa/AA+/AAA 4364 9128286Z8 T 1.750 06/30/2024 (1.00Yr-Fixed)05/02/2022           7,000,000.00           6,933,796.39           6,751,430.00 2.730 0.97 365 1.84% Aaa/AA+/AAA 4370 912828XX3 T 2.000 06/30/2024 (1.00Yr-Fixed)05/27/2022           5,000,000.00           4,977,634.80           4,835,150.00 2.462 0.97 365 1.32% Aaa/AA+/AAA 4353 912828Y87 T 1.750 07/31/2024 (1.08Yr-Fixed)01/14/2022           5,000,000.00           5,038,576.96           4,809,000.00 1.028 1.04 396 1.34% Aaa/AA+/AAA 4358 912828Y87 T 1.750 07/31/2024 (1.08Yr-Fixed)02/11/2022           4,000,000.00           4,006,557.51           3,847,200.00 1.595 1.04 396 1.06% Aaa/AA+/AAA 4361 912828D56 T 2.375 08/15/2024 (1.13Yr-Fixed)03/22/2022           5,000,000.00           5,007,322.55           4,838,500.00 2.240 1.08 411 1.33% Aaa/AA+/AAA 4298 912828YH7 T 1.500 09/30/2024 (1.25Yr-Fixed)12/05/2019           5,000,000.00           4,994,290.74           4,770,700.00 1.595 1.21 457 1.33% Aaa/AA+/AAA 4350 912828YM6 T 1.500 10/31/2024 (1.34Yr-Fixed)12/31/2021           3,000,000.00           3,022,872.35           2,854,440.00 0.920 1.29 488 0.80% Aaa/AA+/AAA 4376 91282CEU1 T 2.875 06/15/2025 (1.96Yr-Fixed)11/18/2022           3,000,000.00           2,922,802.82           2,885,730.00 4.276 1.87 715 0.78% Aaa/AA+/AAA 4330 91282CAB7 T 0.250 07/31/2025 (2.08Yr-Fixed)05/19/2021           5,000,000.00           4,962,495.70           4,549,800.00 0.615 2.02 761 1.32% Aaa/AA+/AAA 4340 91282CAJ0 T 0.250 08/31/2025 (2.17Yr-Fixed)09/27/2021           5,000,000.00           4,948,221.76           4,536,350.00 0.735 2.11 792 1.31% Aaa/AA+/AAA 4351 9128284Z0 T 2.750 08/31/2025 (2.17Yr-Fixed)12/31/2021           5,000,000.00           5,174,370.13           4,789,450.00 1.103 2.05 792 1.37% Aaa/AA+/AAA 4341 91282CCP4 T 0.625 07/31/2026 (3.08Yr-Fixed)09/30/2021           5,000,000.00           4,951,125.60           4,454,500.00 0.950 2.97 1,126 1.32% Aaa/AA+/AAA 4339 91282CCW9 T 0.750 08/31/2026 (3.17Yr-Fixed)09/23/2021           1,000,000.00           995,668.47           891,880.00 0.890 3.04 1,157 0.26% Aaa/AA+/AAA 4342 91282CCW9 T 0.750 08/31/2026 (3.17Yr-Fixed)11/23/2021           5,000,000.00           4,918,015.39           4,459,400.00 1.285 3.04 1,157 1.31% Aaa/AA+/AAA 4379 91282CEW7 T 3.250 06/30/2027 (4.00Yr-Fixed)12/29/2022           5,000,000.00           4,863,902.07           4,808,600.00 4.000 3.68 1,460 1.29% Aaa/AA+/AAA U.S. Treasuries Total           83,000,000.00           82,720,223.36           79,016,180.00 21.98% 4290 45818WBX3 IADB 2.870 07/20/2023 (0.05Yr-Fixed)03/28/2019           4,000,000.00           4,001,198.76           3,995,520.00 2.270 0.05 19 1.06% Aaa/AAA/AAA 4291 45818WBY1 IADB 2.960 08/16/2023 (0.13Yr-Fixed)03/28/2019           5,000,000.00           5,004,076.52           4,984,550.00 2.271 0.13 46 1.33% Aaa/AAA/AAA 4323 459056HV2 IBRD 1.500 08/28/2024 (1.16Yr-Fixed)04/23/2021           5,000,000.00           5,061,736.76           4,783,750.00 0.425 1.12 424 1.34% Aaa/AAA/AAA 4338 459058JE4 IBRD 0.376 07/28/2025 (2.08Yr-Fixed)07/30/2021           5,000,000.00           4,978,701.67           4,564,100.00 0.583 2.01 758 1.32% Aaa/AAA/AAA 4319 459058JL8 IBRD 0.500 10/28/2025 (2.33Yr-Fixed)01/12/2021           5,000,000.00           4,998,666.43           4,538,200.00 0.512 2.25 850 1.33% Aaa/AAA/AAA 4324 45906M2L4 IBRD 0.650 02/24/2026 (2.65YrNC1.81Mo-Dq-Fixed) 04/30/2021           5,000,000.00           4,971,530.91           4,459,250.00 0.870 2.55 969 1.32% Aaa/AAA/AAA Supranational Total           29,000,000.00           29,015,911.05           27,325,370.00 7.71% 4383 3130AUHE7 FHLB 0.000 07/26/2023 (0.07Yr-Disco)01/18/2023           5,000,000.00           5,000,380.32           4,998,200.00 4.755 0.07 25 1.33% Aaa/AA+/NR 4289 3135G0U43 FNMA 2.875 09/12/2023 (0.20Yr-Fixed)03/15/2019           5,000,000.00           5,003,802.47           4,974,350.00 2.465 0.20 73 1.33% Aaa/AA+/AAA 4377 313384ND7 FHDN 0.000 10/19/2023 (0.30Yr-Disco)12/05/2022           3,000,000.00           2,957,787.50           2,955,600.00 4.817 0.30 110 0.79% P-1/A-1+/NR 4387 3130AUXN9 FHLB 5.000 02/15/2024 (0.63Yr-Fixed)04/25/2023           3,000,000.00           3,001,228.14           2,988,540.00 4.923 0.60 229 0.80% Aaa/AA+/NR 4292 3133ECHX5 FFCB 2.260 03/13/2024 (0.70Yr-Fixed)05/23/2019           5,000,000.00           5,000,786.59           4,878,400.00 2.236 0.68 256 1.33% Aaa/AA+/AAA 4378 3130ATVC8 FHLB 4.875 06/14/2024 (0.96Yr-Fixed)12/28/2022           5,000,000.00           5,005,705.80           4,971,100.00 4.740 0.92 349 1.33% Aaa/AA+/NR 4348 3130AQD42 FHLB 0.920 06/28/2024 (0.99YrNC2.96Mo-Dq-Fixed) 12/28/2021           5,000,000.00           5,000,000.00           4,781,150.00 0.920 0.97 363 1.33% Aaa/AA+/NR 4380 3134GYCP5 FHLMC 5.000 07/23/2024 (1.06YrNC3.78Mo-1x-Fixed) 01/23/2023           5,000,000.00           5,000,000.00           4,966,600.00 5.000 0.84 388 1.33% Aaa/AA+/AAA 4344 3130AQ3C5 FHLB 1.000 08/28/2024 (1.16YrNC1.94Mo-Dq-Fixed) 12/02/2021           4,000,000.00           4,000,000.00           3,798,800.00 1.000 1.12 424 1.06% Aaa/AA+/NR 4373 3133XVDG3 FHLB 4.375 09/13/2024 (1.20Yr-Fixed)09/23/2022           5,000,000.00           5,007,636.06           4,938,400.00 4.240 1.14 440 1.33% Aaa/AA+/NR 4336 3130AMXJ6 FHLB 0.500 09/30/2024 (1.25YrNC3.02Mo-Dq-Fixed) 06/30/2021           5,000,000.00           5,000,000.00           4,701,050.00 0.500 1.22 457 1.33% Aaa/AA+/NR 4346 3130AQD59 FHLB 1.000 09/30/2024 (1.25YrNC3.02Mo-Dq-Fixed) 12/30/2021           5,000,000.00           5,000,000.00           4,730,950.00 1.000 1.21 457 1.33% Aaa/AA+/NR 4349 3130AQD59 FHLB 1.000 09/30/2024 (1.25YrNC3.02Mo-Dq-Fixed) 12/30/2021           5,000,000.00           5,000,000.00           4,730,950.00 1.000 1.21 457 1.33% Aaa/AA+/NR 4334 3130AMW65 FHLB 0.500 12/30/2024 (1.50YrNC3.02Mo-Dq-Fixed) 06/30/2021           5,000,000.00           5,000,000.00           4,652,200.00 0.500 1.46 548 1.33% Aaa/AA+/NR 4332 3130AMQ62 FHLB 0.625 03/14/2025 (1.70YrNC2.50Mo-Dq-Fixed) 06/14/2021           5,000,000.00           5,000,000.00           4,631,150.00 0.625 1.65 622 1.33% Aaa/AA+/NR 4397 3130AWER7 FHLB 4.625 06/06/2025 (1.93Yr-Fixed)06/15/2023           3,000,000.00           2,998,152.53           2,978,490.00 4.659 1.82 706 0.80% Aaa/AA+/NR Portfolio: CITYSecurities By Structure Report City of Huntington Beach Reporting Period: 06/30/2023 Report Run Date: Jul 11, 2023 9 ,-- f- Accounting ID Cusip Security Description Purchase Date Par Value Book Value Market Value Book Yield Effective Duration Days to Maturity (%) of Portfolio Mdy/S&P/Fitch 4329 3135G04Z3 FNMA 0.500 06/17/2025 (1.96Yr-Fixed)05/14/2021           5,000,000.00           4,987,610.25           4,590,400.00 0.628 1.91 717 1.33% Aaa/AA+/AAA 4381 3135G04Z3 FNMA 0.500 06/17/2025 (1.96Yr-Fixed)01/13/2023           5,000,000.00           4,674,868.42           4,590,400.00 4.013 1.91 717 1.24% Aaa/AA+/AAA 4345 3130AQ5S8 FHLB 1.250 06/30/2025 (2.00YrNC3.02Mo-Dq-Fixed) 12/30/2021           4,650,000.00           4,650,000.00           4,318,966.50 1.250 1.93 730 1.24% Aaa/AA+/NR 4327 3130AMDL3 FHLB 0.800 07/25/2025 (2.07YrNC1.84Mo-Dq-Fixed) 05/25/2021           5,000,000.00           5,000,000.00           4,593,900.00 0.800 2.00 755 1.33% Aaa/AA+/NR 4360 3130AQT94 FHLB 1.600 08/28/2025 (2.16Yr-Fixed)03/04/2022           4,575,000.00           4,554,448.07           4,262,115.75 1.816 2.06 789 1.21% Aaa/AA+/NR 4331 3130AMQ54 FHLB 0.700 09/16/2025 (2.21YrNC2.56Mo-Da-Fixed) 06/16/2021           5,000,000.00           5,000,000.00           4,562,100.00 0.700 2.14 808 1.33% Aaa/AA+/NR 4318 3135GA2Z3 FNMA 0.560 11/17/2025 (2.38YrNC4.60Mo-Da-Fixed) 01/11/2021           3,000,000.00           3,001,617.87           2,718,750.00 0.500 2.31 870 0.80% Aaa/AA+/AAA 4320 3130AKN36 FHLB 0.525 01/15/2026 (2.54YrNC0.49Mo-Dq-Fixed) 01/15/2021           5,000,000.00           4,997,461.11           4,491,850.00 0.545 2.46 929 1.33% Aaa/AA+/NR 4321 3130AKN85 FHLB 0.550 01/20/2026 (2.56YrNC0.66Mo-Dq-Fixed) 01/20/2021           5,000,000.00           4,998,723.61           4,492,950.00 0.560 2.47 934 1.33% Aaa/AA+/NR 4322 3130AKUS3 FHLB 0.500 01/28/2026 (2.58YrNC0.92Mo-Dq-Fixed) 01/28/2021           5,000,000.00           5,000,000.00           4,483,600.00 0.500 2.49 942 1.33% Aaa/AA+/NR 4333 3130ALEY6 FHLB 0.800 03/04/2026 (2.67YrNC2.17Mo-Dq-Fixed) 06/10/2021           5,000,000.00           5,000,000.00           4,502,950.00 0.800 2.57 977 1.33% Aaa/AA+/NR 4328 3130AMJN3 FHLB 1.030 05/26/2026 (2.90YrNC1.87Mo-Dq-Fixed) 05/26/2021           5,000,000.00           5,000,000.00           4,505,700.00 1.030 2.78 1,060 1.33% Aaa/AA+/NR 4335 3130AMFS6 FHLB 0.750 06/12/2026 (2.95Yr-Fixed)06/17/2021           5,000,000.00           4,982,267.41           4,458,750.00 0.873 2.84 1,077 1.32% Aaa/AA+/NR 4388 3130AVWS7 FHLB 3.750 06/12/2026 (2.95Yr-Fixed)05/09/2023           3,000,000.00           2,996,024.82           2,919,360.00 3.796 2.73 1,077 0.80% Aaa/AA+/NR 4398 3133EPNG6 FFCB 4.375 06/23/2026 (2.98Yr-Fixed)06/23/2023           3,000,000.00           2,998,660.00           2,990,040.00 4.391 2.75 1,088 0.80% Aaa/AA+/AAA 4347 3130AQ7E7 FHLB 1.500 06/30/2026 (3.00YrNC3.02Mo-Dq-Fixed) 12/30/2021           5,000,000.00           5,001,332.10           4,552,250.00 1.339 2.85 1,095 1.33% Aaa/AA+/NR 4384 3130AUMC5 FHLB 3.750 07/20/2026 (3.05Yr-Fixed)01/19/2023           5,000,000.00           5,000,000.00           4,865,700.00 3.750 2.78 1,115 1.33% Aaa/AA+/NR 4356 3130AQS79 FHLB 1.375 08/07/2026 (3.10YrNC13.27Mo-1x-Step) 02/07/2022           5,000,000.00           5,000,000.00           4,606,150.00 1.375 2.88 1,133 1.33% Aaa/AA+/NR 4386 3133EPGT6 FFCB 3.875 04/26/2027 (3.82Yr-Fixed)04/26/2023           5,000,000.00           4,994,509.55           4,902,050.00 3.906 3.47 1,395 1.33% Aaa/AA+/AAA 4389 3133EPJP1 FFCB 3.625 05/12/2027 (3.86Yr-Fixed)05/12/2023           5,000,000.00           4,986,621.28           4,852,500.00 3.700 3.52 1,411 1.33% Aaa/AA+/AAA 4392 3130AW4N7 FHLB 3.630 06/04/2027 (3.93Yr-Fixed)05/18/2023           5,000,000.00           5,000,000.00           4,849,950.00 3.630 3.58 1,434 1.33% Aaa/AA+/NR 4396 3133EPMV4 FFCB 4.125 06/15/2027 (3.96Yr-Fixed)06/15/2023           5,000,000.00           4,999,060.56           4,964,500.00 4.130 3.59 1,445 1.33% Aaa/AA+/AAA 4385 3134GYPF3 FHLMC 4.750 07/12/2027 (4.03YrNC12.42Mo-Da-Fixed) 04/24/2023           3,300,000.00           3,295,268.48           3,242,844.00 4.791 2.14 1,472 0.88% Aaa/AA+/AAA 4395 3130AWC24 FHLB 4.000 06/09/2028 (4.94Yr-Fixed)06/13/2023           5,000,000.00           5,004,553.90           4,968,900.00 3.979 4.40 1,805 1.33% Aaa/AA+/NR 4399 3130AWC24 FHLB 4.000 06/09/2028 (4.94Yr-Fixed)06/27/2023           5,000,000.00           4,997,256.17           4,968,900.00 4.012 4.40 1,805 1.33% Aaa/AA+/NR U.S. Agencies Total           189,525,000.00           189,095,763.01           179,931,506.25 50.24% 4306 90331HNV1 USB 3.400 07/24/2023 (0.06Yr-Fixed)02/21/2020           2,000,000.00           2,002,085.86           1,997,300.00 1.671 0.06 23 0.53% A2/A+/A+ 4300 254687CR5 DIS 4.000 10/01/2023 (0.25Yr-Fixed)12/16/2019           2,875,000.00           2,888,269.23           2,861,775.00 2.070 0.25 92 0.77% A2/A-/A- 4355 67066GAL8 NVDA 0.584 06/14/2024 (0.96Yr-Fixed)01/24/2022           5,000,000.00           4,968,830.87           4,776,500.00 1.250 0.93 349 1.32% A1/A+/ 4325 91159HHX1 USB 2.400 07/30/2024 (1.08YrNC11.96Mo-Cc-Fixed)04/30/2021 3,809,000.00 3,883,211.69 3,673,970.95 0.528 1.04 395 1.03%A3/A/A 4343 14913R2P1 CAT 0.600 09/13/2024 (1.20Yr-Fixed)12/02/2021 5,000,000.00 4,977,536.86 4,719,550.00 0.980 1.17 440 1.32%A2/A/A+ 4371 459200KS9 IBM 4.000 07/27/2025 (2.07Yr-Fixed)08/11/2022 6,000,000.00 6,022,044.09 5,864,520.00 3.810 1.92 757 1.60%A3/A-/ 4372 931142EW9 WMT 3.900 09/09/2025 (2.19Yr-Fixed)09/22/2022 5,000,000.00 4,974,447.24 4,900,200.00 4.150 2.04 801 1.32%Aa2/AA/AA 4382 717081DV2 PFE 2.750 06/03/2026 (2.92Yr-Fixed)01/18/2023 5,000,000.00 4,811,938.77 4,724,900.00 4.142 2.74 1,068 1.28%A1/A+/A 4375 110122CN6 BMY 3.200 06/15/2026 (2.96YrNC33.51Mo-Cc-Fixed)11/16/2022 5,000,000.00 4,826,903.96 4,785,100.00 4.480 2.72 1,080 1.28%A2/A+/ 4390 931142EM1 WMT 3.050 07/08/2026 (3.02YrNC34.27Mo-Cc-Fixed)05/15/2023 4,257,000.00 4,172,539.47 4,071,863.07 3.752 2.75 1,103 1.11%Aa2/AA/AA 4391 904764AU1 UNANA 2.000 07/28/2026 (3.07Yr-Fixed)05/15/2023 2,505,000.00 2,378,926.72 2,311,614.00 3.752 2.89 1,123 0.63%A1/A+/A Corporates Total           46,446,000.00           45,906,734.74           44,687,293.02 12.20% Holdings Total           347,971,000.00           346,738,632.17           330,960,349.27 92.13% Portfolio: CITYSecurities By Structure Report City of Huntington Beach Reporting Period: 06/30/2023 Report Run Date: Jul 11, 2023 10 ,-- f- Cash/Money Market/LGIP Activity Report Huntington Beach Portfolio: CITY Reporting Date: 06/30/2023 Cash/Money Market Account Activity Accounting ID Description Activity Date Transaction Type Transaction Amount 003 California Asset Management Program 06/01/2023 Interest Received $124,202.00 003 California Asset Management Program 06/06/2023 Deposit $1,000,000.00 003 California Asset Management Program 06/29/2023 Deposit $3,000,000.00 Activity Total $4,124,202.00 11 Bond Redemption Activity Report Huntington Beach Portfolio: CITY Reporting Date: 06/30/2023 Redemption Transactions Accounting ID Transaction Type Cusip Description Price Settlement Date Posted Date Par Value Principal Accrued Interest Total 4368 Maturity 313383MD0 FHLB 2.625 06/09/2023 100.00000 06/09/2023 06/09/2023 $7,000,000.00 $7,000,000.00 $0.00 $7,000,000.00 4281 Maturity 313383QR5 FHLB 3.250 06/09/2023 100.00000 06/09/2023 06/09/2023 $5,000,000.00 $5,000,000.00 $0.00 $5,000,000.00 4393 Maturity 313384GR4 FHDN 0.000 06/09/2023 100.00000 06/09/2023 06/09/2023 $10,000,000.00 $10,000,000.00 $0.00 $10,000,000.00 4287 Maturity 3137EAEN5 FHLMC 2.750 06/19/2023 100.00000 06/19/2023 06/20/2023 $3,000,000.00 $3,000,000.00 $0.00 $3,000,000.00 4288 Maturity 3137EAEN5 FHLMC 2.750 06/19/2023 100.00000 06/19/2023 06/20/2023 $3,000,000.00 $3,000,000.00 $0.00 $3,000,000.00 4394 Maturity 313384HK8 FHDN 0.000 06/27/2023 100.00000 06/27/2023 06/27/2023 $5,000,000.00 $5,000,000.00 $0.00 $5,000,000.00 4374 Maturity 62479MTW3 MUFGBK 0.000 06/30/2023 100.00000 06/30/2023 06/30/2023 $5,000,000.00 $5,000,000.00 $0.00 $5,000,000.00 Activity Total $38,000,000.00 $38,000,000.00 $0.00 $38,000,000.00 12 Bond Purchase Activity Report Huntington Beach Portfolio: CITY Reporting Date: 06/30/2023 Purchase Transactions Accounting ID Transaction Type Cusip Description Price Settlement Date Posted Date Par Value Principal Accrued Interest Total 4395 Buy 3130AWC24 FHLB 4.000 06/09/2028 100.09200 06/13/2023 06/13/2023 5,000,000.00 $5,004,600.00 $6,666.67 $5,011,266.67 4396 Buy 3133EPMV4 FFCB 4.125 06/15/2027 99.98100 06/15/2023 06/15/2023 5,000,000.00 $4,999,050.00 $0.00 $4,999,050.00 4397 Buy 3130AWER7 FHLB 4.625 06/06/2025 99.93700 06/15/2023 06/15/2023 3,000,000.00 $2,998,110.00 $1,156.25 $2,999,266.25 4398 Buy 3133EPNG6 FFCB 4.375 06/23/2026 99.95500 06/23/2023 06/23/2023 3,000,000.00 $2,998,650.00 $0.00 $2,998,650.00 4399 Buy 3130AWC24 FHLB 4.000 06/09/2028 99.94500 06/27/2023 06/27/2023 5,000,000.00 $4,997,250.00 $14,444.44 $5,011,694.44 Activity Total 21,000,000.00 $20,997,660.00 $22,267.36 $21,019,927.36 13 Bond Interest Received Activity Report Huntington Beach Portfolio: CITY Reporting Date: 06/30/2023 Bond Interest Received Accounting ID Transaction Type Cusip Description Date Posted Interest Received Purchased Interest Adjustment Net Interest 4382 Interest Income 717081DV2 PFE 2.750 06/03/2026 06/05/2023 $68,750.00 $17,187.50 $51,562.50 4392 Interest Income 3130AW4N7 FHLB 3.630 06/04/2027 06/05/2023 $8,066.67 $8,066.67 4281 Interest Income 313383QR5 FHLB 3.250 06/09/2023 06/09/2023 $81,250.00 $81,250.00 4368 Interest Income 313383MD0 FHLB 2.625 06/09/2023 06/09/2023 $91,875.00 $91,875.00 4335 Interest Income 3130AMFS6 FHLB 0.750 06/12/2026 06/12/2023 $18,750.00 $18,750.00 4355 Interest Income 67066GAL8 NVDA 0.584 06/14/2024 06/14/2023 $14,600.00 $14,600.00 4378 Interest Income 3130ATVC8 FHLB 4.875 06/14/2024 06/14/2023 $146,927.08 $34,531.25 $112,395.83 4375 Interest Income 110122CN6 BMY 3.200 06/15/2026 06/15/2023 $80,000.00 $80,000.00 4376 Interest Income 91282CEU1 T 2.875 06/15/2025 06/15/2023 $43,125.00 $43,125.00 4287 Interest Income 3137EAEN5 FHLMC 2.750 06/19/2023 06/20/2023 $41,250.00 $41,250.00 4381 Interest Income 3135G04Z3 FNMA 0.500 06/17/2025 06/20/2023 $12,500.00 $1,805.56 $10,694.44 4288 Interest Income 3137EAEN5 FHLMC 2.750 06/19/2023 06/20/2023 $41,250.00 $41,250.00 4329 Interest Income 3135G04Z3 FNMA 0.500 06/17/2025 06/20/2023 $12,500.00 $12,500.00 4348 Interest Income 3130AQD42 FHLB 0.920 06/28/2024 06/28/2023 $23,000.00 $23,000.00 4334 Interest Income 3130AMW65 FHLB 0.500 12/30/2024 06/30/2023 $12,500.00 $12,500.00 4345 Interest Income 3130AQ5S8 FHLB 1.250 06/30/2025 06/30/2023 $29,062.50 $29,062.50 4346 Interest Income 3130AQD59 FHLB 1.000 09/30/2024 06/30/2023 $25,000.00 $25,000.00 4347 Interest Income 3130AQ7E7 FHLB 1.500 06/30/2026 06/30/2023 $37,500.00 $37,500.00 4349 Interest Income 3130AQD59 FHLB 1.000 09/30/2024 06/30/2023 $25,000.00 $25,000.00 4364 Interest Income 9128286Z8 T 1.750 06/30/2024 06/30/2023 $61,250.00 $61,250.00 4370 Interest Income 912828XX3 T 2.000 06/30/2024 06/30/2023 $50,000.00 $50,000.00 4379 Interest Income 91282CEW7 T 3.250 06/30/2027 06/30/2023 $81,250.00 $81,250.00 Activity Total $1,005,406.25 $53,524.31 $951,881.94 14 Statement of Cash Receipts and Disbursements and Cash Receipts and Disbursements May 2023 June 2023 Receipts General Fund Property Tax 16,969,943$            635,888$   Local Sales Tax 3,959,843                4,370,590                  Public Safety Sales Tax 216,344 274,224  Transient Occupancy Tax (TOT)1,713,059                1,119,474                  Utility Users Tax (UUT)1,837,432                1,607,817                  Other Revenue 10,850,141              4,853,884                  Total General Fund Revenue 35,546,761              12,861,878                Total All Other Funds Revenue 33,776,163              19,635,859                Total Receipts 69,322,924$ 32,497,737$ Disbursements General Fund Personnel Services (11,028,837) (16,358,797) Operating Expenses (2,698,092) (5,509,899) Capital Expenditures (726)(27,811)  Non‐Operating Expenses (585,805) (1,105,781)  Total General Fund Disbursements (14,313,460) (23,002,288) Total All Other Funds Disbursements (18,245,710)            (37,365,514)             Total Disbursements (32,559,170) (60,367,802) Net Change in Cash Flow 36,763,754$ (27,870,066)$ Summary of Cash by Fund May 2023 June 2023 General Fund 137,060,420$          126,920,010$           General Fund Other 3,371,414                3,431,049                  Capital Projects Funds 26,101,610              29,613,575                Debt Service Funds 42,323,578              24,297,271                Enterprise Funds 87,443,117              89,301,455                Trust and Agency Funds 14,465,862              13,326,570                Internal Service Funds 22,949,133              21,649,606                Special Revenue Funds 76,116,877              73,422,410                General Ledger Cash Balances * 409,832,011$ 381,961,946$ *Total cash will differ from investment portfolio total due to outstanding checks and/or other timing differences. Note: Above information was obtained from the City's accounting system records. The above information includes receipts from maturing investments and payments for purchased investments in the city investment portfolio. This statement is prepared in compliance with the City's Charter. Summary of Cash by Fund City Treasurer's Office June 2023 Par Value Book Value Book Value % of Port Market Value Book Yield Contribution Days to Maturity Local Govt Inv Pools (LGIP) Commercial Paper U.S. Treasuries Supranational U.S. Agencies Corporates Hold Total $25,485,744.55 $25,485,744.55 6.55%$25,485,744.55 0.338%1 $5,000,000.00 $4,982,076.39 1.28%$4,979,200.00 0.059%29 $83,000,000.00 $82,712,107.82 21.25%$79,313,690.00 0.344%607 $29,000,000.00 $29,023,163.66 7.46%$27,457,350.00 0.083%557 $201,525,000.00 $201,047,537.66 51.66%$192,497,413.50 1.209%648 $46,446,000.00 $45,899,238.21 11.79%$44,924,740.21 0.340%725 $390,456,744.55 $389,149,868.29 100.00%$374,658,138.26 2.373%591 Portfolio Investments 05/31/2023 Date City Treasurer TitleAlisa Backstrom I certify that this report and the corresponding pages attached accurately reflect all portfolio combined investments and conforms with all California state statutes and the Huntington Beach investment policy filed on January 17, 2023. The investment program herein shown provides sufficient cash flow liquidity to meet the next six month's obligations. Market values are provided by US Bank via Interactive Data Corp (IDC) Certification Fiscal YTD Transactions Redemptions 1 Purchases 7 Total Activity 8 Period Transactions Redemptions 9 Purchases 24 Total Activity 33 Net Period Earnings $5,166,298.46 Last FY Period Net Earnings $3,155,527.68 Avg Daily Book Balance $326,958,164.85 $1.00 $1.00 Net Effective Annual Return 1.723% Net Period Earnings $705,575.05 Last FY Period Net Earnings $352,940.60 Avg Daily Book Balance $376,362,205.84 $1.00 $1.00 Net Effective Annual Return 2.230% Fiscal YTD Summary (335 Days)Period Earnings Summary (31 Days) __________________________________________________________________________ Portfolio Market Value Accrued Interest Paid at Purchase sum2 Total Market Value $374,658,138.26 $149,860.95 $1.00 $374,807,999.21 Portfolio Book Value Accrued Interest Paid at Purchase sum2 Total Book Value $389,149,868.29 $149,860.95 $2.00 $389,299,729.24 Market Value Book Value Par Value Portfolio Summary Huntington Beach Portfolio: CITY Reporting Date: (FY2023) 05/01/2023 - 05/31/2023 Full Accrual Basis sum2 Total Par Value $1.00 $390,456,744.55 The City Portfolio uses a 12 month moving average of the 1.5Yr Treasury for comparison purposes. This period, that rate is equal to: 4.060% ____________________________________________ 15 ~===:;::::::=======:::: ;::===============;==============~ '--,----_ -_ -_ -_ -_ -_ ----, -_ -_ -_ -_ -_ -_ -_ ____J~ L---r---_ -_ -_ -~-~------' I l Accounting ID Pool Description Type Par Value Book Value Market Value Rate % of Portfolio Composite Rating 003 California Asset Management Program LGIP 25,485,744.55 25,485,744.55 25,485,744.55 5.16 6.55%NR CITY Fund Total           25,485,744.55               25,485,744.55               25,485,744.55    6.55% Portfolio: CITYCash By Fund Report City of Huntington Beach Reporting Period: 05/31/2023 Report Run Date: Jul 11, 2023 16 Accounting ID Cusip Security Description Purchase Date Par Value Book Value Market Value Book Yield Effective Duration Days to Maturity (%) of Portfolio Mdy/S&P/Fitch 4374 62479MTW3 MUFGBK 0.000 06/30/2023 (0.08Yr-Disco) 10/05/2022           5,000,000.00           4,982,076.39           4,979,200.00 4.602 0.08 29 1.28% P-1/A-1/F1 Commercial Paper Total           5,000,000.00           4,982,076.39           4,979,200.00 1.28% 4352 912828S92 T 1.250 07/31/2023 (0.16Yr-Fixed)01/14/2022           5,000,000.00           5,004,412.08           4,966,450.00 0.711 0.16 60 1.29% Aaa/AA+/AAA 4357 91282CCN9 T 0.125 07/31/2023 (0.16Yr-Fixed)02/02/2022           5,000,000.00           4,992,934.28           4,956,600.00 0.991 0.16 60 1.28% Aaa/AA+/AAA 4354 9128282D1 T 1.375 08/31/2023 (0.25Yr-Fixed)01/21/2022           5,000,000.00           5,005,813.46           4,950,200.00 0.903 0.25 91 1.29% Aaa/AA+/AAA 4364 9128286Z8 T 1.750 06/30/2024 (1.08Yr-Fixed)05/02/2022           7,000,000.00           6,928,355.00           6,751,150.00 2.730 1.04 395 1.78% Aaa/AA+/AAA 4370 912828XX3 T 2.000 06/30/2024 (1.08Yr-Fixed)05/27/2022           5,000,000.00           4,975,796.57           4,835,150.00 2.462 1.04 395 1.28% Aaa/AA+/AAA 4353 912828Y87 T 1.750 07/31/2024 (1.17Yr-Fixed)01/14/2022           5,000,000.00           5,041,499.46           4,815,250.00 1.028 1.13 426 1.30% Aaa/AA+/AAA 4358 912828Y87 T 1.750 07/31/2024 (1.17Yr-Fixed)02/11/2022           4,000,000.00           4,007,054.30           3,852,200.00 1.595 1.13 426 1.03% Aaa/AA+/AAA 4361 912828D56 T 2.375 08/15/2024 (1.21Yr-Fixed)03/22/2022           5,000,000.00           5,007,857.04           4,847,650.00 2.240 1.16 441 1.29% Aaa/AA+/AAA 4298 912828YH7 T 1.500 09/30/2024 (1.33Yr-Fixed)12/05/2019           5,000,000.00           4,993,915.96           4,783,800.00 1.595 1.29 487 1.28% Aaa/AA+/AAA 4350 912828YM6 T 1.500 10/31/2024 (1.42Yr-Fixed)12/31/2021           3,000,000.00           3,024,278.43           2,865,000.00 0.920 1.37 518 0.78% Aaa/AA+/AAA 4376 91282CEU1 T 2.875 06/15/2025 (2.04Yr-Fixed)11/18/2022           3,000,000.00           2,919,563.78           2,911,290.00 4.276 1.92 745 0.75% Aaa/AA+/AAA 4330 91282CAB7 T 0.250 07/31/2025 (2.17Yr-Fixed)05/19/2021           5,000,000.00           4,961,017.21           4,583,200.00 0.615 2.11 791 1.27% Aaa/AA+/AAA 4340 91282CAJ0 T 0.250 08/31/2025 (2.25Yr-Fixed)09/27/2021           5,000,000.00           4,946,260.46           4,570,900.00 0.735 2.19 822 1.27% Aaa/AA+/AAA 4351 9128284Z0 T 2.750 08/31/2025 (2.25Yr-Fixed)12/31/2021           5,000,000.00           5,180,975.06           4,835,950.00 1.103 2.13 822 1.33% Aaa/AA+/AAA 4341 91282CCP4 T 0.625 07/31/2026 (3.16Yr-Fixed)09/30/2021           5,000,000.00           4,949,823.44           4,500,600.00 0.950 3.05 1,156 1.27% Aaa/AA+/AAA 4339 91282CCW9 T 0.750 08/31/2026 (3.25Yr-Fixed)09/23/2021           1,000,000.00           995,556.16           901,600.00 0.890 3.13 1,187 0.26% Aaa/AA+/AAA 4342 91282CCW9 T 0.750 08/31/2026 (3.25Yr-Fixed)11/23/2021           5,000,000.00           4,915,889.60           4,508,000.00 1.285 3.13 1,187 1.26% Aaa/AA+/AAA 4379 91282CEW7 T 3.250 06/30/2027 (4.08Yr-Fixed)12/29/2022           5,000,000.00           4,861,105.54           4,878,700.00 4.000 3.70 1,490 1.25% Aaa/AA+/AAA U.S. Treasuries Total           83,000,000.00           82,712,107.82           79,313,690.00 21.25% 4290 45818WBX3 IADB 2.870 07/20/2023 (0.13Yr-Fixed)03/28/2019           4,000,000.00           4,003,091.55           3,985,800.00 2.270 0.13 49 1.03% Aaa/AAA/AAA 4291 45818WBY1 IADB 2.960 08/16/2023 (0.21Yr-Fixed)03/28/2019           5,000,000.00           5,006,794.20           4,973,100.00 2.271 0.21 76 1.29% Aaa/AAA/AAA 4323 459056HV2 IBRD 1.500 08/28/2024 (1.24Yr-Fixed)04/23/2021           5,000,000.00           5,066,178.26           4,796,500.00 0.425 1.20 454 1.30% Aaa/AAA/AAA 4338 459058JE4 IBRD 0.376 07/28/2025 (2.16Yr-Fixed)07/30/2021           5,000,000.00           4,977,846.31           4,599,100.00 0.583 2.10 788 1.28% Aaa/AAA/AAA 4319 459058JL8 IBRD 0.500 10/28/2025 (2.41Yr-Fixed)01/12/2021           5,000,000.00           4,998,618.63           4,574,750.00 0.512 2.34 880 1.28% Aaa/AAA/AAA 4324 45906M2L4 IBRD 0.650 02/24/2026 (2.74YrNC2.79Mo-Dq-Fixed) 04/30/2021           5,000,000.00           4,970,634.72           4,528,100.00 0.870 2.64 999 1.28% Aaa/AAA/AAA Supranational Total           29,000,000.00           29,023,163.66           27,457,350.00 7.46% 4281 313383QR5 FHLB 3.250 06/09/2023 (0.02Yr-Fixed)12/20/2018           5,000,000.00           5,000,527.04           4,997,600.00 2.743 0.02 8 1.28% Aaa/AA+/NR 4368 313383MD0 FHLB 2.625 06/09/2023 (0.02Yr-Fixed)05/09/2022           7,000,000.00           7,000,646.15           6,995,310.00 2.201 0.02 8 1.80% Aaa/AA+/NR 4393 313384GR4 FHDN 0.000 06/09/2023 (0.02Yr-Disco)05/26/2023           10,000,000.00           9,989,777.78           9,990,200.00 4.672 0.02 8 2.57% P-1/A-1+/NR 4287 3137EAEN5 FHLMC 2.750 06/19/2023 (0.05Yr-Fixed)03/08/2019 3,000,000.00 3,000,424.01 2,995,320.00 2.450 0.05 18 0.77%Aaa/AA+/AAA 4288 3137EAEN5 FHLMC 2.750 06/19/2023 (0.05Yr-Fixed)03/14/2019           3,000,000.00           3,000,442.91           2,995,320.00 2.437 0.05 18 0.77% Aaa/AA+/AAA 4394 313384HK8 FHDN 0.000 06/27/2023 (0.07Yr-Disco)05/26/2023           5,000,000.00           4,982,088.89           4,984,150.00 5.051 0.07 26 1.28% P-1/A-1+/NR 4383 3130AUHE7 FHLB 0.000 07/26/2023 (0.15Yr-Disco)01/18/2023           5,000,000.00           5,000,836.70           4,996,600.00 4.755 0.15 55 1.29% Aaa/AA+/NR 4289 3135G0U43 FNMA 2.875 09/12/2023 (0.28Yr-Fixed)03/15/2019           5,000,000.00           5,005,409.15           4,966,000.00 2.465 0.28 103 1.29% Aaa/AA+/AAA 4377 313384ND7 FHDN 0.000 10/19/2023 (0.38Yr-Disco)12/05/2022           3,000,000.00           2,946,275.00           2,941,500.00 4.817 0.38 140 0.76% P-1/A-1+/NR 4387 3130AUXN9 FHLB 5.000 02/15/2024 (0.71Yr-Fixed)04/25/2023           3,000,000.00           3,001,392.62           2,990,640.00 4.923 0.68 259 0.77% Aaa/AA+/NR 4292 3133ECHX5 FFCB 2.260 03/13/2024 (0.78Yr-Fixed)05/23/2019           5,000,000.00           5,000,880.23           4,885,050.00 2.236 0.76 286 1.29% Aaa/AA+/AAA 4378 3130ATVC8 FHLB 4.875 06/14/2024 (1.04Yr-Fixed)12/28/2022           5,000,000.00           5,006,204.85           4,977,400.00 4.740 0.97 379 1.29% Aaa/AA+/NR 4348 3130AQD42 FHLB 0.920 06/28/2024 (1.08YrNC0.92Mo-Dq-Fixed) 12/28/2021           5,000,000.00           5,000,000.00           4,768,000.00 0.920 1.04 393 1.28% Aaa/AA+/NR Portfolio: CITYSecurities By Structure Report City of Huntington Beach Reporting Period: 05/31/2023 Report Run Date: Jul 11, 2023 17 - f- ~ f- f-- ,-- ,- f- ,-- ,-- f- f- f-- ~ ,-- f- f- f-- Accounting ID Cusip Security Description Purchase Date Par Value Book Value Market Value Book Yield Effective Duration Days to Maturity (%) of Portfolio Mdy/S&P/Fitch 4380 3134GYCP5 FHLMC 5.000 07/23/2024 (1.14YrNC4.76Mo-1x-Fixed) 01/23/2023           5,000,000.00           5,000,000.00           4,966,400.00 5.000 0.86 418 1.28% Aaa/AA+/AAA 4344 3130AQ3C5 FHLB 1.000 08/28/2024 (1.24YrNC2.92Mo-Dq-Fixed) 12/02/2021           4,000,000.00           4,000,000.00           3,792,640.00 1.000 1.20 454 1.03% Aaa/AA+/NR 4373 3133XVDG3 FHLB 4.375 09/13/2024 (1.29Yr-Fixed)09/23/2022           5,000,000.00           5,008,166.34           4,960,850.00 4.240 1.23 470 1.29% Aaa/AA+/NR 4336 3130AMXJ6 FHLB 0.500 09/30/2024 (1.33YrNC0.99Mo-Dq-Fixed) 06/30/2021           5,000,000.00           5,000,000.00           4,693,150.00 0.500 1.30 487 1.28% Aaa/AA+/NR 4346 3130AQD59 FHLB 1.000 09/30/2024 (1.33YrNC0.99Mo-Dq-Fixed) 12/30/2021           5,000,000.00           5,000,000.00           4,724,950.00 1.000 1.29 487 1.28% Aaa/AA+/NR 4349 3130AQD59 FHLB 1.000 09/30/2024 (1.33YrNC0.99Mo-Dq-Fixed) 12/30/2021           5,000,000.00           5,000,000.00           4,724,950.00 1.000 1.29 487 1.28% Aaa/AA+/NR 4334 3130AMW65 FHLB 0.500 12/30/2024 (1.58YrNC0.99Mo-Dq-Fixed) 06/30/2021           5,000,000.00           5,000,000.00           4,650,300.00 0.500 1.54 578 1.28% Aaa/AA+/NR 4332 3130AMQ62 FHLB 0.625 03/14/2025 (1.79YrNC0.46Mo-Dq-Fixed) 06/14/2021           5,000,000.00           5,000,000.00           4,624,400.00 0.625 1.73 652 1.28% Aaa/AA+/NR 4329 3135G04Z3 FNMA 0.500 06/17/2025 (2.05Yr-Fixed)05/14/2021           5,000,000.00           4,987,083.77           4,617,000.00 0.628 1.98 747 1.28% Aaa/AA+/AAA 4381 3135G04Z3 FNMA 0.500 06/17/2025 (2.05Yr-Fixed)01/13/2023           5,000,000.00           4,661,052.63           4,617,000.00 4.013 1.98 747 1.20% Aaa/AA+/AAA 4345 3130AQ5S8 FHLB 1.250 06/30/2025 (2.08YrNC0.99Mo-Dq-Fixed) 12/30/2021           4,650,000.00           4,650,000.00           4,323,849.00 1.250 2.00 760 1.19% Aaa/AA+/NR 4327 3130AMDL3 FHLB 0.800 07/25/2025 (2.15YrNC2.83Mo-Dq-Fixed) 05/25/2021           5,000,000.00           5,000,000.00           4,596,850.00 0.800 2.08 785 1.28% Aaa/AA+/NR 4360 3130AQT94 FHLB 1.600 08/28/2025 (2.24Yr-Fixed)03/04/2022           4,575,000.00           4,553,654.56           4,291,624.50 1.816 2.15 819 1.17% Aaa/AA+/NR 4331 3130AMQ54 FHLB 0.700 09/16/2025 (2.29YrNC3.55Mo-Da-Fixed) 06/16/2021           5,000,000.00           5,000,000.00           4,567,900.00 0.700 2.22 838 1.28% Aaa/AA+/NR 4318 3135GA2Z3 FNMA 0.560 11/17/2025 (2.46YrNC5.59Mo-Da-Fixed) 01/11/2021           3,000,000.00           3,001,674.57           2,719,770.00 0.500 2.39 900 0.77% Aaa/AA+/AAA 4320 3130AKN36 FHLB 0.525 01/15/2026 (2.63YrNC1.48Mo-Dq-Fixed) 01/15/2021           5,000,000.00           4,997,377.78           4,492,350.00 0.545 2.53 959 1.28% Aaa/AA+/NR 4321 3130AKN85 FHLB 0.550 01/20/2026 (2.64YrNC1.64Mo-Dq-Fixed) 01/20/2021           5,000,000.00           4,998,681.94           4,493,400.00 0.560 2.55 964 1.28% Aaa/AA+/NR 4322 3130AKUS3 FHLB 0.500 01/28/2026 (2.66YrNC1.91Mo-Dq-Fixed) 01/28/2021           5,000,000.00           5,000,000.00           4,484,250.00 0.500 2.57 972 1.28% Aaa/AA+/NR 4333 3130ALEY6 FHLB 0.800 03/04/2026 (2.76YrNC0.13Mo-Dq-Fixed) 06/10/2021           5,000,000.00           5,000,000.00           4,494,100.00 0.800 2.65 1,007 1.28% Aaa/AA+/NR 4328 3130AMJN3 FHLB 1.030 05/26/2026 (2.98YrNC2.86Mo-Dq-Fixed) 05/26/2021           5,000,000.00           5,000,000.00           4,510,500.00 1.030 2.86 1,090 1.28% Aaa/AA+/NR 4335 3130AMFS6 FHLB 0.750 06/12/2026 (3.03Yr-Fixed)06/17/2021           5,000,000.00           4,981,766.02           4,521,300.00 0.873 2.91 1,107 1.28% Aaa/AA+/NR 4388 3130AVWS7 FHLB 3.750 06/12/2026 (3.03Yr-Fixed)05/09/2023           3,000,000.00           2,995,912.43           2,959,200.00 3.796 2.81 1,107 0.77% Aaa/AA+/NR 4347 3130AQ7E7 FHLB 1.500 06/30/2026 (3.08YrNC0.99Mo-Dq-Fixed) 12/30/2021           5,000,000.00           5,001,369.14           4,554,950.00 1.339 2.91 1,125 1.29% Aaa/AA+/NR 4384 3130AUMC5 FHLB 3.750 07/20/2026 (3.13Yr-Fixed)01/19/2023           5,000,000.00           5,000,000.00           4,945,850.00 3.750 2.87 1,145 1.28% Aaa/AA+/NR 4356 3130AQS79 FHLB 1.375 08/07/2026 (3.18YrNC14.26Mo-1x-Step) 02/07/2022           5,000,000.00           5,000,000.00           4,610,200.00 1.375 2.93 1,163 1.28% Aaa/AA+/NR 4386 3133EPGT6 FFCB 3.875 04/26/2027 (3.90Yr-Fixed)04/26/2023           5,000,000.00           4,994,389.76           4,963,200.00 3.906 3.55 1,425 1.28% Aaa/AA+/AAA 4389 3133EPJP1 FFCB 3.625 05/12/2027 (3.95Yr-Fixed)05/12/2023           5,000,000.00           4,986,332.74           4,912,450.00 3.700 3.61 1,441 1.28% Aaa/AA+/AAA 4392 3130AW4N7 FHLB 3.630 06/04/2027 (4.01Yr-Fixed)05/18/2023           5,000,000.00           5,000,000.00           4,956,050.00 3.630 3.67 1,464 1.28% Aaa/AA+/NR 4385 3134GYPF3 FHLMC 4.750 07/12/2027 (4.11YrNC13.40Mo-Da-Fixed) 04/24/2023           3,300,000.00           3,295,170.65           3,244,890.00 4.791 2.13 1,502 0.85% Aaa/AA+/AAA U.S. Agencies Total           201,525,000.00           201,047,537.66           192,497,413.50 51.66% 4306 90331HNV1 USB 3.400 07/24/2023 (0.15YrNC0.76Mo-Cc-Fixed)02/21/2020 2,000,000.00 2,004,806.54 1,992,400.00 1.671 0.14 53 0.52%A2/A+/AA- 4300 254687CR5 DIS 4.000 10/01/2023 (0.33Yr-Fixed)12/16/2019 2,875,000.00 2,892,692.31 2,858,296.25 2.070 0.33 122 0.74%A2/BBB+/A- 4355 67066GAL8 NVDA 0.584 06/14/2024 (1.04YrNC0.46Mo-Cc-Fixed)01/24/2022 5,000,000.00 4,966,104.71 4,764,850.00 1.250 1.01 379 1.28%A2/A/ 4325 91159HHX1 USB 2.400 07/30/2024 (1.16YrNC12.94Mo-Cc-Fixed)04/30/2021 3,809,000.00 3,888,934.96 3,662,048.78 0.528 1.11 425 1.00%A3/A/A+ 4343 14913R2P1 CAT 0.600 09/13/2024 (1.29Yr-Fixed)12/02/2021 5,000,000.00 4,975,976.92 4,731,700.00 0.980 1.25 470 1.28%A2/A/A+ 4371 459200KS9 IBM 4.000 07/27/2025 (2.15Yr-Fixed)08/11/2022 6,000,000.00 6,022,930.58 5,912,460.00 3.810 2.01 787 1.55%A3/A-/ 4372 931142EW9 WMT 3.900 09/09/2025 (2.28Yr-Fixed)09/22/2022 5,000,000.00 4,973,474.41 4,949,450.00 4.150 2.13 831 1.28%Aa2/AA/AA 4382 717081DV2 PFE 2.750 06/03/2026 (3.01Yr-Fixed)01/18/2023 5,000,000.00 4,806,575.80 4,777,850.00 4.142 2.79 1,098 1.24%A1/A+/A 4375 110122CN6 BMY 3.200 06/15/2026 (3.04YrNC34.50Mo-Cc-Fixed)11/16/2022 5,000,000.00 4,822,023.43 4,825,400.00 4.480 2.74 1,110 1.24%A2/A+/ 4390 931142EM1 WMT 3.050 07/08/2026 (3.10YrNC35.25Mo-Cc-Fixed)05/15/2023 4,257,000.00 4,170,208.45 4,115,199.33 3.752 2.82 1,133 1.07%Aa2/AA/AA 4391 904764AU1 UNANA 2.000 07/28/2026 (3.16Yr-Fixed)05/15/2023 2,505,000.00 2,375,510.10 2,335,085.85 3.752 2.97 1,153 0.61%A1/A+/A Corporates Total           46,446,000.00           45,899,238.21           44,924,740.21 11.79% Portfolio: CITYSecurities By Structure Report City of Huntington Beach Reporting Period: 05/31/2023 Report Run Date: Jul 11, 2023 18 ,-- f- ,-- Accounting ID Cusip Security Description Purchase Date Par Value Book Value Market Value Book Yield Effective Duration Days to Maturity (%) of Portfolio Mdy/S&P/Fitch Holdings Total           364,971,000.00           363,664,123.74           349,172,393.71 93.45% Portfolio: CITYSecurities By Structure Report City of Huntington Beach Reporting Period: 05/31/2023 Report Run Date: Jul 11, 2023 19 Cash/Money Market/LGIP Activity Report Huntington Beach Portfolio: CITY Reporting Date: 05/31/2023 Cash/Money Market Account Activity Accounting ID Description Activity Date Transaction Type Transaction Amount 003 California Asset Management Program 05/03/2023 Deposit $4,000,000.00 003 California Asset Management Program 05/01/2023 Interest Received $87,302.71 003 California Asset Management Program 05/08/2023 Withdrawal ($8,000,000.00) 003 California Asset Management Program 05/22/2023 Deposit $4,000,000.00 003 California Asset Management Program 05/24/2023 Deposit $5,000,000.00 003 California Asset Management Program 05/25/2023 Withdrawal ($10,000,000.00) Activity Total ($4,912,697.29) 20 Bond Redemption Activity Report Huntington Beach Portfolio: CITY Reporting Date: 05/31/2023 Redemption Transactions Accounting ID Transaction Type Cusip Description Price Settlement Date Posted Date Par Value Principal Accrued Interest Total 4285 Maturity 3130AFWX1 FHLB 2.550 05/30/2023 100.00000 05/30/2023 05/30/2023 $5,000,000.00 $5,000,000.00 $0.00 $5,000,000.00 Activity Total $5,000,000.00 $5,000,000.00 $0.00 $5,000,000.00 21 Bond Purchase Activity Report Huntington Beach Portfolio: CITY Reporting Date: 05/31/2023 Purchase Transactions Accounting ID Transaction Type Cusip Description Price Settlement Date Posted Date Par Value Principal Accrued Interest Total 4388 Buy 3130AVWS7 FHLB 3.750 06/12/2026 99.86100 05/09/2023 05/09/2023 3,000,000.00 $2,995,830.00 $1,250.00 $2,997,080.00 4389 Buy 3133EPJP1 FFCB 3.625 05/12/2027 99.72300 05/12/2023 05/12/2023 5,000,000.00 $4,986,150.00 $0.00 $4,986,150.00 4390 Buy 931142EM1 WMT 3.050 07/08/2026 97.93200 05/15/2023 05/15/2023 4,257,000.00 $4,168,965.24 $45,804.14 $4,214,769.38 4391 Buy 904764AU1 UNANA 2.000 07/28/2026 94.75800 05/15/2023 05/15/2023 2,505,000.00 $2,373,687.90 $14,890.83 $2,388,578.73 4392 Buy 3130AW4N7 FHLB 3.630 06/04/2027 100.00000 05/18/2023 05/18/2023 5,000,000.00 $5,000,000.00 $0.00 $5,000,000.00 4393 Buy 313384GR4 FHDN 0.000 06/09/2023 99.82111 05/26/2023 05/26/2023 10,000,000.00 $9,982,111.11 $0.00 $9,982,111.11 4394 Buy 313384HK8 FHDN 0.000 06/27/2023 99.55911 05/26/2023 05/26/2023 5,000,000.00 $4,977,955.56 $0.00 $4,977,955.56 Activity Total 34,762,000.00 $34,484,699.81 $61,944.97 $34,546,644.78 22 Bond Interest Received Activity Report Huntington Beach Portfolio: CITY Reporting Date: 05/31/2023 Bond Interest Received Accounting ID Transaction Type Cusip Description Date Posted Interest Received Purchased Interest Adjustment Net Interest 4350 Interest Income 912828YM6 T 1.500 10/31/2024 05/01/2023 $22,500.00 $22,500.00 4318 Interest Income 3135GA2Z3 FNMA 0.560 11/17/2025 05/17/2023 $8,400.00 $8,400.00 4327 Interest Income 3130AMDL3 FHLB 0.800 07/25/2025 05/25/2023 $20,000.00 $20,000.00 4328 Interest Income 3130AMJN3 FHLB 1.030 05/26/2026 05/26/2023 $25,750.00 $25,750.00 4285 Interest Income 3130AFWX1 FHLB 2.550 05/30/2023 05/30/2023 $63,750.00 $63,750.00 Activity Total $140,400.00 $0.00 $140,400.00 23 Statement of Cash Receipts and Disbursements and Cash Receipts and Disbursements April 2023 May 2023 Receipts General Fund Property Tax 21,208,398$             16,969,943$              Local Sales Tax 3,318,537                  3,959,843                   Public Safety Sales Tax 214,419 216,344  Transient Occupancy Tax (TOT)1,214,231                  1,713,059                   Utility Users Tax (UUT)2,564,310                  1,837,432                   Other Revenue 5,685,370                  10,850,141  Total General Fund Revenue 34,205,265 35,546,761  Total All Other Funds Revenue 22,286,424 33,776,163  Total Receipts 56,491,688$ 69,322,924$ Disbursements General Fund Personnel Services (11,077,248) (11,028,837) Operating Expenses (3,606,032) (2,698,092) Capital Expenditures ‐ (726)  Non‐Operating Expenses (2,065,934) (585,805)  Total General Fund Disbursements (16,749,214) (14,313,460) Total All Other Funds Disbursements (16,088,385)              (18,245,710)               Total Disbursements (32,837,599) (32,559,170) Net Change in Cash Flow 23,654,089$ 36,763,754$ Summary of Cash by Fund April 2023 May 2023 General Fund 115,312,455$           136,545,756$            General Fund Other 3,438,393                  3,367,436                   Capital Projects Funds 26,222,973 26,101,610  Debt Service Funds 41,427,668 42,323,578  Enterprise Funds 85,421,126 87,442,587  Trust and Agency Funds 5,829,479                  14,465,862  Internal Service Funds 24,004,761 22,949,133  Special Revenue Funds 70,794,142 76,018,789  General Ledger Cash Balances * 372,450,996$ 409,214,750$ Total cash will differ from investment portfolio total due to outstanding checks and/or other timing differences. Note: Above information was obtained from the City's accounting system records. The above information includes receipts from maturing investments and payments for purchased investments in the city investment portfolio. This statement is prepared in compliance with the City's Charter. Summary of Cash by Fund City Treasurer's Office May 2023 24 Par Value Book Value Book Value % of Port Market Value Book Yield Contribution Days to Maturity Local Govt Inv Pools (LGIP) Commercial Paper U.S. Treasuries Supranational U.S. Agencies Corporates Hold Total $30,398,441.84 $30,398,441.84 8.34%$30,398,441.84 0.414%1 $5,000,000.00 $4,962,916.67 1.36%$4,957,350.00 0.063%60 $83,000,000.00 $82,703,721.76 22.69%$79,611,720.00 0.367%638 $29,000,000.00 $29,030,416.27 7.96%$27,531,290.00 0.089%588 $178,525,000.00 $178,074,838.36 48.85%$170,517,250.25 0.997%661 $39,684,000.00 $39,351,770.76 10.80%$38,651,780.61 0.295%687 $365,607,441.84 $364,522,105.66 100.00%$351,667,832.70 2.226%590 Portfolio Investments 04/30/2023 Date City Treasurer TitleAlisa Backstrom I certify that this report and the corresponding pages attached accurately reflect all portfolio combined investments and conforms with all California state statutes and the Huntington Beach investment policy filed on January 17, 2023. The investment program herein shown provides sufficient cash flow liquidity to meet the next six month's obligations. Market values are provided by US Bank via Interactive Data Corp (IDC) Certification Fiscal YTD Transactions Redemptions 0 Purchases 3 Total Activity 3 Period Transactions Redemptions 8 Purchases 17 Total Activity 25 Net Period Earnings $4,460,723.41 Last FY Period Net Earnings $2,802,587.08 Avg Daily Book Balance $322,017,760.75 $1.00 $1.00 Net Effective Annual Return 1.666% Net Period Earnings $584,762.41 Avg Daily Book Balance $346,341,720.57 $1.00 $1.00 Net Effective Annual Return 2.074% Fiscal YTD Summary (304 Days)Period Earnings Summary (30 Days) __________________________________________________________________________ Portfolio Market Value Accrued Interest Paid at Purchase sum2 Total Market Value $351,667,832.70 $87,915.98 $1.00 $351,755,748.68 Portfolio Book Value Accrued Interest Paid at Purchase sum2 Total Book Value $364,522,105.66 $87,915.98 $2.00 $364,610,021.64 Market Value Book Value Par Value Portfolio Summary Huntington Beach Portfolio: CITY Reporting Date: (FY2023) 04/01/2023 - 04/30/2023 Full Accrual Basis sum2 Total Par Value $1.00 $365,607,441.84 ____________________________________________ 25 ~===:;::::::=======:::: ;::===============;==============~ '--,----_ -_ -_ -_ -_ -_ ----, -_ -_ -_ -_ -_ -_ -_ ____J~ L---r---_ -_ -_ -~-~------' I l Accounting ID Pool Description Type Par Value Book Value Market Value Rate % of Portfolio Composite Rating 003 California Asset Management Program LGIP 30,398,441.84 30,398,441.84 30,398,441.84 4.97 8.34%NR CITY Fund Total           30,398,441.84               30,398,441.84               30,398,441.84    8.34% Portfolio: CITYCash By Fund Report City of Huntington Beach Reporting Period: 04/30/2023 Report Run Date: Jul 11, 2023 26 Accounting ID Cusip Security Description Purchase Date Par Value Book Value Market Value Book Yield Effective Duration Days to Maturity (%) of Portfolio Mdy/S&P/Fitch 4374 62479MTW3 MUFGBK 0.000 06/30/2023 (0.16Yr-Disco) 10/05/2022           5,000,000.00           4,962,916.67           4,957,350.00 4.602 0.17 60 1.36% P-1/A-1/F1 Commercial Paper Total           5,000,000.00           4,962,916.67           4,957,350.00 1.36% 4352 912828S92 T 1.250 07/31/2023 (0.25Yr-Fixed)01/14/2022           5,000,000.00           5,006,691.65           4,951,150.00 0.711 0.25 91 1.37% Aaa/AA+/AAA 4357 91282CCN9 T 0.125 07/31/2023 (0.25Yr-Fixed)02/02/2022           5,000,000.00           4,989,283.66           4,939,050.00 0.991 0.25 91 1.37% Aaa/AA+/AAA 4354 9128282D1 T 1.375 08/31/2023 (0.33Yr-Fixed)01/21/2022           5,000,000.00           5,007,793.87           4,939,050.00 0.903 0.33 122 1.37% Aaa/AA+/AAA 4364 9128286Z8 T 1.750 06/30/2024 (1.17Yr-Fixed)05/02/2022           7,000,000.00           6,922,732.23           6,771,940.00 2.730 1.13 426 1.90% Aaa/AA+/AAA 4370 912828XX3 T 2.000 06/30/2024 (1.17Yr-Fixed)05/27/2022           5,000,000.00           4,973,897.06           4,849,600.00 2.462 1.13 426 1.36% Aaa/AA+/AAA 4353 912828Y87 T 1.750 07/31/2024 (1.25Yr-Fixed)01/14/2022           5,000,000.00           5,044,519.38           4,830,450.00 1.028 1.21 457 1.38% Aaa/AA+/AAA 4358 912828Y87 T 1.750 07/31/2024 (1.25Yr-Fixed)02/11/2022           4,000,000.00           4,007,567.64           3,864,360.00 1.595 1.21 457 1.10% Aaa/AA+/AAA 4361 912828D56 T 2.375 08/15/2024 (1.29Yr-Fixed)03/22/2022           5,000,000.00           5,008,409.35           4,864,850.00 2.240 1.25 472 1.37% Aaa/AA+/AAA 4298 912828YH7 T 1.500 09/30/2024 (1.42Yr-Fixed)12/05/2019           5,000,000.00           4,993,528.68           4,801,150.00 1.595 1.38 518 1.37% Aaa/AA+/AAA 4350 912828YM6 T 1.500 10/31/2024 (1.50Yr-Fixed)12/31/2021           3,000,000.00           3,025,731.39           2,875,320.00 0.920 1.46 549 0.83% Aaa/AA+/AAA 4376 91282CEU1 T 2.875 06/15/2025 (2.12Yr-Fixed)11/18/2022           3,000,000.00           2,916,216.77           2,931,210.00 4.276 2.01 776 0.80% Aaa/AA+/AAA 4330 91282CAB7 T 0.250 07/31/2025 (2.25Yr-Fixed)05/19/2021           5,000,000.00           4,959,489.44           4,606,050.00 0.615 2.19 822 1.36% Aaa/AA+/AAA 4340 91282CAJ0 T 0.250 08/31/2025 (2.34Yr-Fixed)09/27/2021           5,000,000.00           4,944,233.79           4,594,750.00 0.735 2.27 853 1.36% Aaa/AA+/AAA 4351 9128284Z0 T 2.750 08/31/2025 (2.34Yr-Fixed)12/31/2021           5,000,000.00           5,187,800.15           4,871,100.00 1.103 2.21 853 1.42% Aaa/AA+/AAA 4341 91282CCP4 T 0.625 07/31/2026 (3.25Yr-Fixed)09/30/2021           5,000,000.00           4,948,477.88           4,534,750.00 0.950 3.14 1,187 1.36% Aaa/AA+/AAA 4339 91282CCW9 T 0.750 08/31/2026 (3.33Yr-Fixed)09/23/2021           1,000,000.00           995,440.10           908,790.00 0.890 3.21 1,218 0.27% Aaa/AA+/AAA 4342 91282CCW9 T 0.750 08/31/2026 (3.33Yr-Fixed)11/23/2021           5,000,000.00           4,913,692.95           4,543,950.00 1.285 3.21 1,218 1.35% Aaa/AA+/AAA 4379 91282CEW7 T 3.250 06/30/2027 (4.16Yr-Fixed)12/29/2022           5,000,000.00           4,858,215.78           4,934,200.00 4.000 3.79 1,521 1.33% Aaa/AA+/AAA U.S. Treasuries Total           83,000,000.00           82,703,721.76           79,611,720.00 22.69% 4290 45818WBX3 IADB 2.870 07/20/2023 (0.22Yr-Fixed)03/28/2019           4,000,000.00           4,004,984.33           3,978,640.00 2.270 0.22 80 1.10% Aaa/AAA/AAA 4291 45818WBY1 IADB 2.960 08/16/2023 (0.29Yr-Fixed)03/28/2019           5,000,000.00           5,009,511.88           4,966,200.00 2.271 0.29 107 1.37% Aaa/AAA/AAA 4323 459056HV2 IBRD 1.500 08/28/2024 (1.33Yr-Fixed)04/23/2021           5,000,000.00           5,070,619.75           4,811,750.00 0.425 1.29 485 1.39% Aaa/AAA/AAA 4338 459058JE4 IBRD 0.376 07/28/2025 (2.24Yr-Fixed)07/30/2021           5,000,000.00           4,976,990.96           4,619,800.00 0.583 2.18 819 1.37% Aaa/AAA/AAA 4319 459058JL8 IBRD 0.500 10/28/2025 (2.49Yr-Fixed)01/12/2021           5,000,000.00           4,998,570.83           4,598,150.00 0.512 2.42 911 1.37% Aaa/AAA/AAA 4324 45906M2L4 IBRD 0.650 02/24/2026 (2.82YrNC0.79Mo-Dq-Fixed) 04/30/2021           5,000,000.00           4,969,738.52           4,556,750.00 0.870 2.72 1,030 1.36% Aaa/AAA/AAA Supranational Total           29,000,000.00           29,030,416.27           27,531,290.00 7.96% 4285 3130AFWX1 FHLB 2.550 05/30/2023 (0.08Yr-Fixed)02/26/2019           5,000,000.00           5,000,000.00           4,989,300.00 2.550 0.08 29 1.37% Aaa/AA+/NR 4281 313383QR5 FHLB 3.250 06/09/2023 (0.11Yr-Fixed)12/20/2018           5,000,000.00           5,002,503.42           4,989,750.00 2.743 0.11 39 1.37% Aaa/AA+/NR 4368 313383MD0 FHLB 2.625 06/09/2023 (0.11Yr-Fixed)05/09/2022           7,000,000.00           7,003,069.23           6,978,090.00 2.201 0.11 39 1.92% Aaa/AA+/NR 4287 3137EAEN5 FHLMC 2.750 06/19/2023 (0.13Yr-Fixed)03/08/2019 3,000,000.00 3,001,130.69 2,990,670.00 2.450 0.13 49 0.82%Aaa/AA+/AAA 4288 3137EAEN5 FHLMC 2.750 06/19/2023 (0.13Yr-Fixed)03/14/2019           3,000,000.00           3,001,181.08           2,990,670.00 2.437 0.13 49 0.82% Aaa/AA+/AAA 4383 3130AUHE7 FHLB 0.000 07/26/2023 (0.24Yr-Disco)01/18/2023           5,000,000.00           5,001,293.09           4,996,050.00 4.755 0.23 86 1.37% Aaa/AA+/NR 4289 3135G0U43 FNMA 2.875 09/12/2023 (0.37Yr-Fixed)03/15/2019           5,000,000.00           5,007,015.83           4,961,650.00 2.465 0.36 134 1.37% Aaa/AA+/AAA 4377 313384ND7 FHDN 0.000 10/19/2023 (0.47Yr-Disco)12/05/2022           3,000,000.00           2,934,378.75           2,932,470.00 4.817 0.46 171 0.80% P-1/A-1+/NR 4387 3130AUXN9 FHLB 5.000 02/15/2024 (0.79Yr-Fixed)04/25/2023           3,000,000.00           3,001,557.10           2,998,860.00 4.923 0.76 290 0.82% Aaa/AA+/NR 4292 3133ECHX5 FFCB 2.260 03/13/2024 (0.87Yr-Fixed)05/23/2019           5,000,000.00           5,000,973.87           4,889,450.00 2.236 0.84 317 1.37% Aaa/AA+/AAA 4378 3130ATVC8 FHLB 4.875 06/14/2024 (1.12Yr-Fixed)12/28/2022           5,000,000.00           5,006,703.90           5,002,700.00 4.740 1.06 410 1.37% Aaa/AA+/NR 4348 3130AQD42 FHLB 0.920 06/28/2024 (1.16YrNC1.94Mo-Dq-Fixed) 12/28/2021           5,000,000.00           5,000,000.00           4,769,600.00 0.920 1.13 424 1.37% Aaa/AA+/NR 4380 3134GYCP5 FHLMC 5.000 07/23/2024 (1.23YrNC5.78Mo-1x-Fixed) 01/23/2023           5,000,000.00           5,000,000.00           4,978,100.00 5.000 0.75 449 1.37% Aaa/AA+/AAA Portfolio: CITYSecurities By Structure Report City of Huntington Beach Reporting Period: 04/30/2023 Report Run Date: Jul 11, 2023 27 - f- ~ f- f-- ,-- ,- f- ,-- ,-- f- f- f-- ~ ,-- f- f- f-- Accounting ID Cusip Security Description Purchase Date Par Value Book Value Market Value Book Yield Effective Duration Days to Maturity (%) of Portfolio Mdy/S&P/Fitch 4344 3130AQ3C5 FHLB 1.000 08/28/2024 (1.33YrNC0.92Mo-Dq-Fixed) 12/02/2021           4,000,000.00           4,000,000.00           3,810,520.00 1.000 1.29 485 1.10% Aaa/AA+/NR 4373 3133XVDG3 FHLB 4.375 09/13/2024 (1.37Yr-Fixed)09/23/2022           5,000,000.00           5,008,696.62           4,978,750.00 4.240 1.31 501 1.37% Aaa/AA+/NR 4336 3130AMXJ6 FHLB 0.500 09/30/2024 (1.42YrNC2.00Mo-Dq-Fixed) 06/30/2021           5,000,000.00           5,000,000.00           4,707,350.00 0.500 1.38 518 1.37% Aaa/AA+/NR 4346 3130AQD59 FHLB 1.000 09/30/2024 (1.42YrNC2.00Mo-Dq-Fixed) 12/30/2021           5,000,000.00           5,000,000.00           4,741,250.00 1.000 1.37 518 1.37% Aaa/AA+/NR 4349 3130AQD59 FHLB 1.000 09/30/2024 (1.42YrNC2.00Mo-Dq-Fixed) 12/30/2021           5,000,000.00           5,000,000.00           4,741,250.00 1.000 1.37 518 1.37% Aaa/AA+/NR 4334 3130AMW65 FHLB 0.500 12/30/2024 (1.67YrNC2.00Mo-Dq-Fixed) 06/30/2021           5,000,000.00           5,000,000.00           4,673,450.00 0.500 1.62 609 1.37% Aaa/AA+/NR 4332 3130AMQ62 FHLB 0.625 03/14/2025 (1.87YrNC1.48Mo-Dq-Fixed) 06/14/2021           5,000,000.00           5,000,000.00           4,653,100.00 0.625 1.81 683 1.37% Aaa/AA+/NR 4329 3135G04Z3 FNMA 0.500 06/17/2025 (2.13Yr-Fixed)05/14/2021           5,000,000.00           4,986,557.30           4,637,650.00 0.628 2.07 778 1.37% Aaa/AA+/AAA 4381 3135G04Z3 FNMA 0.500 06/17/2025 (2.13Yr-Fixed)01/13/2023           5,000,000.00           4,647,236.84           4,637,650.00 4.013 2.07 778 1.27% Aaa/AA+/AAA 4345 3130AQ5S8 FHLB 1.250 06/30/2025 (2.17YrNC2.00Mo-Dq-Fixed) 12/30/2021           4,650,000.00           4,650,000.00           4,357,980.00 1.250 2.08 791 1.28% Aaa/AA+/NR 4327 3130AMDL3 FHLB 0.800 07/25/2025 (2.23YrNC0.82Mo-Dq-Fixed) 05/25/2021           5,000,000.00           5,000,000.00           4,633,300.00 0.800 2.15 816 1.37% Aaa/AA+/NR 4360 3130AQT94 FHLB 1.600 08/28/2025 (2.33Yr-Fixed)03/04/2022           4,575,000.00           4,552,861.05           4,316,192.25 1.816 2.23 850 1.25% Aaa/AA+/NR 4331 3130AMQ54 FHLB 0.700 09/16/2025 (2.38YrNC4.57Mo-Da-Fixed) 06/16/2021           5,000,000.00           5,000,000.00           4,604,900.00 0.700 2.30 869 1.37% Aaa/AA+/NR 4318 3135GA2Z3 FNMA 0.560 11/17/2025 (2.55YrNC6.60Mo-Da-Fixed) 01/11/2021           3,000,000.00           3,001,731.27           2,742,240.00 0.500 2.46 931 0.82% Aaa/AA+/AAA 4320 3130AKN36 FHLB 0.525 01/15/2026 (2.71YrNC2.50Mo-Dq-Fixed) 01/15/2021           5,000,000.00           4,997,294.44           4,533,100.00 0.545 2.62 990 1.37% Aaa/AA+/NR 4321 3130AKN85 FHLB 0.550 01/20/2026 (2.72YrNC2.66Mo-Dq-Fixed) 01/20/2021           5,000,000.00           4,998,640.28           4,534,600.00 0.560 2.63 995 1.37% Aaa/AA+/NR 4322 3130AKUS3 FHLB 0.500 01/28/2026 (2.75YrNC2.92Mo-Dq-Fixed) 01/28/2021           5,000,000.00           5,000,000.00           4,525,700.00 0.500 2.66 1,003 1.37% Aaa/AA+/NR 4333 3130ALEY6 FHLB 0.800 03/04/2026 (2.84YrNC1.15Mo-Dq-Fixed) 06/10/2021           5,000,000.00           5,000,000.00           4,546,900.00 0.800 2.74 1,038 1.37% Aaa/AA+/NR 4328 3130AMJN3 FHLB 1.030 05/26/2026 (3.07YrNC0.85Mo-Dq-Fixed) 05/26/2021           5,000,000.00           5,000,000.00           4,554,600.00 1.030 2.93 1,121 1.37% Aaa/AA+/NR 4335 3130AMFS6 FHLB 0.750 06/12/2026 (3.12Yr-Fixed)06/17/2021           5,000,000.00           4,981,264.62           4,557,050.00 0.873 3.00 1,138 1.37% Aaa/AA+/NR 4347 3130AQ7E7 FHLB 1.500 06/30/2026 (3.16YrNC2.00Mo-Dq-Fixed) 12/30/2021           5,000,000.00           5,001,406.17           4,600,500.00 1.339 2.99 1,156 1.37% Aaa/AA+/NR 4384 3130AUMC5 FHLB 3.750 07/20/2026 (3.22Yr-Fixed)01/19/2023           5,000,000.00           5,000,000.00           4,995,850.00 3.750 2.96 1,176 1.37% Aaa/AA+/NR 4356 3130AQS79 FHLB 1.375 08/07/2026 (3.27YrNC15.28Mo-1x-Step) 02/07/2022           5,000,000.00           5,000,000.00           4,653,950.00 1.375 2.91 1,194 1.37% Aaa/AA+/NR 4386 3133EPGT6 FFCB 3.875 04/26/2027 (3.99Yr-Fixed)04/26/2023           5,000,000.00           4,994,269.97           5,014,500.00 3.906 3.64 1,456 1.37% Aaa/AA+/AAA 4385 3134GYPF3 FHLMC 4.750 07/12/2027 (4.20YrNC14.42Mo-Da-Fixed) 04/24/2023           3,300,000.00           3,295,072.83           3,297,558.00 4.791 1.90 1,533 0.90% Aaa/AA+/AAA U.S. Agencies Total           178,525,000.00           178,074,838.36           170,517,250.25 48.85% 4306 90331HNV1 USB 3.400 07/24/2023 (0.23YrNC1.77Mo-Cc-Fixed) 02/21/2020           2,000,000.00           2,007,527.22           1,990,980.00 1.671 0.23 84 0.55% A2/AA-/AA- 4300 254687CR5 DIS 4.000 10/01/2023 (0.42Yr-Fixed)12/16/2019           2,875,000.00           2,897,115.38           2,856,628.75 2.070 0.41 153 0.79% A2/BBB+/A- 4355 67066GAL8 NVDA 0.584 06/14/2024 (1.12YrNC1.48Mo-Cc-Fixed) 01/24/2022           5,000,000.00           4,963,378.55           4,782,500.00 1.250 1.09 410 1.36% A2/A/ 4325 91159HHX1 USB 2.400 07/30/2024 (1.25YrNC13.96Mo-Cc-Fixed)04/30/2021 3,809,000.00 3,894,658.22 3,677,741.86 0.528 1.20 456 1.07%A3/A+/A+ 4343 14913R2P1 CAT 0.600 09/13/2024 (1.37Yr-Fixed)12/02/2021 5,000,000.00 4,974,416.98 4,742,900.00 0.980 1.34 501 1.36%A2/A/A 4371 459200KS9 IBM 4.000 07/27/2025 (2.24Yr-Fixed)08/11/2022 6,000,000.00 6,023,817.07 5,935,380.00 3.810 2.09 818 1.65%A3/A-/ 4372 931142EW9 WMT 3.900 09/09/2025 (2.36Yr-Fixed)09/22/2022 5,000,000.00 4,972,501.59 4,970,350.00 4.150 2.21 862 1.36%Aa2/AA/AA 4382 717081DV2 PFE 2.750 06/03/2026 (3.09Yr-Fixed)01/18/2023 5,000,000.00 4,801,212.84 4,825,100.00 4.142 2.87 1,129 1.32%A1/A+/A 4375 110122CN6 BMY 3.200 06/15/2026 (3.12YrNC35.52Mo-Cc-Fixed)11/16/2022 5,000,000.00 4,817,142.90 4,870,200.00 4.480 2.84 1,141 1.32%A2/A+/ Corporates Total           39,684,000.00           39,351,770.76           38,651,780.61 10.80% Holdings Total           335,209,000.00           334,123,663.82           321,269,390.86 91.66% Portfolio: CITYSecurities By Structure Report City of Huntington Beach Reporting Period: 04/30/2023 Report Run Date: Jul 11, 2023 28 ,-- f- f- Cash/Money Market/LGIP Activity Report Huntington Beach Portfolio: CITY Reporting Date: 04/30/2023 Cash/Money Market Account Activity Accounting ID Description Activity Date Transaction Type Transaction Amount 003 California Asset Management Program 04/03/2023 Interest Received $80,411.35 003 California Asset Management Program 04/21/2023 Deposit $10,000,000.00 003 California Asset Management Program 04/25/2023 Deposit $3,000,000.00 Activity Total $13,080,411.35 982 LAIF 04/14/2023 Interest Received $6.36 982 LAIF 04/14/2023 Withdrawal ($6.36) Activity Total $0.00 29 Bond Redemption Activity Report Huntington Beach Portfolio: CITY Reporting Date: 04/30/2023 Redemption Transactions Accounting ID Transaction Type Cusip Description Price Settlement Date Posted Date Par Value Principal Accrued Interest Total Activity Total $0.00 $0.00 $0.00 $0.00 30 Bond Purchase Activity Report Huntington Beach Portfolio: CITY Reporting Date: 04/30/2023 Purchase Transactions Accounting ID Transaction Type Cusip Description Price Settlement Date Posted Date Par Value Principal Accrued Interest Total 4385 Buy 3134GYPF3 FHLMC 4.750 07/12/2027 99.85000 04/24/2023 04/24/2023 3,300,000.00 $3,295,050.00 $5,225.00 $3,300,275.00 4387 Buy 3130AUXN9 FHLB 5.000 02/15/2024 100.05300 04/25/2023 04/25/2023 3,000,000.00 $3,001,590.00 $29,166.67 $3,030,756.67 4386 Buy 3133EPGT6 FFCB 3.875 04/26/2027 99.88500 04/26/2023 04/26/2023 5,000,000.00 $4,994,250.00 $0.00 $4,994,250.00 Activity Total 11,300,000.00 $11,290,890.00 $34,391.67 $11,325,281.67 31 Bond Interest Received Activity Report Huntington Beach Portfolio: CITY Reporting Date: 04/30/2023 Bond Interest Received Accounting ID Transaction Type Cusip Description Date Posted Interest Received Purchased Interest Adjustment Net Interest 4300 Interest Income 254687CR5 DIS 4.000 10/01/2023 04/03/2023 $57,500.00 $57,500.00 4319 Interest Income 459058JL8 IBRD 0.500 10/28/2025 04/28/2023 $12,500.00 $12,500.00 Activity Total $70,000.00 $0.00 $70,000.00 32 Statement of Cash Receipts and Disbursements and Cash Receipts and Disbursements March 2023 April 2023 Receipts General Fund Property Tax 4,784,171$ 21,208,398$ Local Sales Tax 3,650,664 3,318,537 Public Safety Sales Tax 313,247 214,419 Transient Occupancy Tax (TOT)859,306 1,214,231 Utility Users Tax (UUT)1,976,080 2,564,310 Other Revenue 7,475,327 5,685,370 Total General Fund Revenue 19,058,795 34,205,265 Total All Other Funds Revenue 21,133,448 22,286,424 Total Receipts 40,192,243$ 56,491,688$ Disbursements General Fund Personnel Services (11,009,605)(11,077,248) Operating Expenses (4,395,889)(3,606,032) Capital Expenditures - - Non-Operating Expenses - (2,065,934) Total General Fund Disbursements (15,405,494)(16,749,214) Total All Other Funds Disbursements (24,001,654) (16,088,385) Total Disbursements (39,407,148)(32,837,599) Net Change in Cash Flow 785,095$ 23,654,089$ Summary of Cash by Fund March 2023 April 2023 General Fund 97,674,807$ 115,130,857$ General Fund Other 3,445,070 3,444,416 Capital Projects Funds 24,977,797 26,173,394 Debt Service Funds 41,025,168 41,358,285 Enterprise Funds 84,206,807 85,265,483 Trust and Agency Funds 4,855,623 5,816,861 Internal Service Funds 24,971,032 23,959,125 Special Revenue Funds 66,707,020 70,368,992 General Ledger Cash Balances *347,863,324$ 371,517,414$ Total cash will differ from investment portfolio total due to outstanding checks and/or other timing differences. Note: Above information was obtained from the City's accounting system records. The above information includes receipts from maturing investments and payments for purchased investments in the city investment portfolio. This statement is prepared in compliance with the City's Charter. Summary of Cash by Fund City Treasurer's Office April 2023 33 CITY OF HUNTINGTON BEACH QUARTERLY TREASURER’S REPORT CITY TREASURER, ALISA BACKSTROM, MBA, CCMT, CPFIM QUARTER ENDED: June 30, 2023 ECONOMIC UPDATE◼Federal Reserve raised rates 425 basis points in 12 months as of June 2023◼Slow process of bringing inflation down to 2% target: Core inflation beginning to come down very slowly Tight labor market continues – June Unemployment: 3.6%◼Recession still projected, but probability lowered by some INTEREST RATES – US TREASURY YIELD CURVE JULY 1, 2022 – JUNE 30, 2023: 2-year US Treasury 4.87% at 6/30 5-year US Treasury 4.13% at 6/30 6 5 4 3 2 1 0 Daily Treasury Rates July 2022 -June 2023 -2vr SYr INVESTMENT PORTFOLIO – SUMMARY QUARTER END 06/30/23: Investment Type $ in 000's Market Value Book Value Local Govt Investment Pools (LGIP) $ 29.6 $ 29.6 U.S. Treasuries $ 79.0 $ 82.7 Supranatjonals $ 27.3 $ 29.0 U.S. Agencies $ 179.9 $ 189.1 Corporate Bonds $ 44.7 $ 45.9 TOTAL $ 360.5 $ 376.3 INVESTMENT PORTFOLIO – INVESTMENTS BY TYPE QUARTER END 06/30/23: 50%22%12%8%8% U.S. Agencies U.S. Treasuries Corporate Bonds Supranationals LGIPs (CAMP) .......................................................................................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ::::■:::::::::::::::::::::::::::::::::::::::::■:::::::::::::::::::::::::::::::::::::::::::::■:::::::::::::::::::::::::::::::::::::::::::::::::■:::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::: ................................................................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . INVESTMENT PORTFOLIO – SELECTED ACTIVITY QUARTER END 06/30/23: MATURITIES: $43MM •Liquidity funds moved from LAIF to CAMP •$5MM Commercial Paper matured •$38MM in U.S. Agencies matured PURCHASES: $67MM •Thirteen U.S. Agencies purchased for a total of $60.3MM •Two Corporate Bonds purchased (Walmart Inc. and Unilever) for a total of $6.8MM Current Year - Month ❑June 2023:$730,988 ❑Up 117% from prior year Current Fiscal Year-to-date ❑Through 06/30/23: $5,897,287 ❑Up 68% from prior year Effective Rate of Return ❑June 2023: 2.37% ❑Fiscal Year-to-date: 1.78% Benchmark ❑June 2023: 4.28% ❑12-month moving average 1.5-year Treasury INVESTMENT PORTFOLIO – EARNINGS: SELECTED INVESTMENT POLICY COMPLIANCE REQUIREMENTS QUARTER END 6/30/23: (Requirements are at purchase) INVESTMENT TYPE MAXIMUM MATURITY MAXIMUM SPECIFIED % OF PORTFOLIO/ MAXIMUM PER ISSUER MINIMUM QUALITY REQUIREMENTS IN COMPLIANCE Commercial Paper 270 days 25%/10%A1, "A" Rating Category YES U.S. Treasuries 5 years None None YES U.S. Agencies 5 years None None YES Supranationals 5 years 30%"AA" Rating Category YES Corporate Bonds 5 years 30%/10%"A" Rating Category YES CA Asset Management Program (CAMP) N/A Up to $75,000,000 None YES Maximum Maturities No more than 50% of portfolio maturing over 4 years.YES SUMMARY:◼Safety - No principal losses◼Liquidity - Sufficient funds for operations◼Market rate of return through budgetary/economic cycles - 2.37% June, 1.78% Fiscal Year-to-date (upward trend)◼Prudently managed - No compliance issues◼Positive contributor to City - Earnings of $5.9 million for fiscal year 2022-23 to be utilized for operating and other expenses City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-612 MEETING DATE:8/1/2023 In response to Dec 20, 2022 City Council direction, report on history of authorized actions in the Moore v. City, Gates lawsuit and report on review of RWG involvement City of Huntington Beach Printed on 7/26/2023Page 1 of 1 powered by Legistar™ City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-671 MEETING DATE:8/1/2023 Subject: Update on Pacific Airshow v. City of Huntington Beach lawsuit City of Huntington Beach Printed on 7/26/2023Page 1 of 1 powered by Legistar™ City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-652 MEETING DATE:8/1/2023 REQUEST FOR CITY 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 special meeting minutes of June 8, 2023, and the City Council/Public Financing Authority regular, and Housing Authority special meeting minutes of July 18 , 2023, require review and approval. Financial Impact: None. Recommended Action: A)Approve and adopt the City Council/Public Financing Authority special meeting minutes of June 8, 2023; and, B)Approve and adopt the City Council/Public Financing Authority regular, and Housing Authority special meeting minutes of July 18, 2023 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.June 8, 2023 CC/PFA special meeting minutes City of Huntington Beach Printed on 7/26/2023Page 1 of 2 powered by Legistar™ File #:23-652 MEETING DATE:8/1/2023 2.July 18, 2023 CC/PFA regular, and Housing Authority special meeting minutes City of Huntington Beach Printed on 7/26/2023Page 2 of 2 powered by Legistar™ Minutes Special Meeting City Council/Public Financing Authority Strategic Planning Workshop City of Huntington Beach Thursday, June 8, 2023 9:00 AM — Council Chambers Huntington Beach Central Library, Rooms C/D 7111 Talbert Avenue Huntington Beach, California 92648 A video recording and complete workshop report of this meeting is on file in the Office of the City Clerk, and archived at www.surfcity-hb.org/government/agendas/ 9:00 AM – HUNTINGTON BEACH CENTRAL LIBRARY CALLED SPECIAL MEETING TO ORDER — 9:06 AM ROLL CALL Present: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns Absent: None PLEDGE OF ALLEGIANCE – Led by Councilmember McKeon 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, which were all uploaded to the City's website and Councilmember iPads: Administrative Item #1 PowerPoint presentation entitled “ City Council Strategic Plan Workshop” received from Catherine Jun, Deputy City Manager. PUBLIC COMMENTS (3-Minute Time Limit) — 0 Speakers ADMINISTRATIVE ITEMS 1. 23-502 Strategic Planning Workshop • Opening Comments City Manager Al Zelinka provided his opening comments to highlight the importance of creating and having a strategic plan for the City for staff to focus on the goals and tasks established by the City Council. Council/PFA Special Meeting Minutes June 8, 2023 Page 2 of 11 • Review Today’s Agenda and Strategic Plan Process; Icebreaker City Manager Zelinka introduced the Baker Tilly team and then handed the workshop over to Carol Jacobs, Managing Director. Ms. Jacobs opened the workshop with an overview of the agenda and objectives for the workshop by walking the participants through the process. Ms. Jacobs reviewed the ground rules that would set the stage for the day and help the participants have a successful workshop. Ground rules included: being respectful of each other; listening to understand each other’s point of view; seeking consensus and focusing on what is best for the community; assuming good intent; putting on the good governance hat; and staying focused. She went on to highlight the “bike rack” and noted that any items that were brought up but did not fall into the strategic plan process would be address to the “bike rack” for follow up or discussion at another time. No items were added to the bike rack throughout the duration of the workshop. Don White, Special Advisor, invited the City Council and City Manager to participate in an icebreaker exercise by finding one thing in common with each other. After the City Council and City Manager finished, Mr. White asked each participant to share with the group one of the most interesting facts they discovered about their colleagues. Steve Mermell, Special Advisor, reviewed the reasons for and benefits of having a strategic plan. He noted that with limited resources you cannot do everything and further explained that when one attempts to try to do everything at once, you end up putting out fires, and the established goals may not be achieved. He noted that the City Council as a body determines the goals and tasks, and it is staff’s job to implement the goals using their professional expertise. Baker Tilly identified the goals through interviews with the City Council and Charter Officers and the focus group discussion with the executive team. Departments also submitted information on a gap analysis form to provide information on projects, plans, and programs they are seeking to accomplish. Some of these were added to the goals as potential tasks for discussion later in the workshop. • HB by the Numbers…in 10 Minutes or Less Assistant City Manager Travis Hopkins provided background information about Huntington Beach through a series of PowerPoint slides entitled “HB By the Numbers…in 10 minutes or less (3); HB An Exceptional Place to Live, Work & Play; HB is Surf City USA…and So Much More; HB Builds and Maintains Top Notch Amenities for All; Huntington Beach is a community with diverse backgrounds and needs; Median home values and gross rents rose 35% and 36% from 2013 to 2021, respectively; The City has 10,694 businesses representing diverse industries, employment growth is projected to increase 8.9% from 2016 to 2045; Many corporate employers invest in HB, but HB small businesses represent the majority of our businesses; City staff continually plans and prepares to meet the needs of future generations; Staff operates and maintains City services/infrastructure, which are critical to sustain the City’s excellent quality of life; Staff operates and maintains City services/infrastructure, which are critical to sustain the City’s excellent quality of life; The City is making strides on homelessness, but it remains the highest priority for residents; and Residents received City information from a diverse range of sources – from word of mouth to online platforms and more.” City Manager Zelinka also shared information on the organization’s efforts and plans to sustain a healthy and thriving workforce Council/PFA Special Meeting Minutes June 8, 2023 Page 3 of 11 and the community’s quality of life. He shared a summary of the quality of life survey results that were shared with the City Council at its June 6 meeting. He also emphasized that the majority of the community is satisfied with City services and that City information is received through a variety of methods noting that 75% is through word of mouth. • City’s Financial Outlook Acting Chief Financial Officer Sunny Han presented a brief overview of the City’s financial outlook with PowerPoint slides entitled “Overview of the City’s Financial outlook; Fiscal Outlook: FY 2023/24 General Fund Proposed Budget Review; Fiscal Outlook: FY 2023/24 General Fund Budget; Fiscal Outlook: General Fund Long-Term Financial Plan; and Fiscal Outlook: Pension Update, which was the same information discussed in detail at the June 6 City Council meeting. • Discuss Status of Current Work Plan Ms. Jacobs reviewed information provided by City staff on the current 2022 strategic plan and the City Council’s H-Item outcomes on the PowerPoint slides entitled “2022 Workplan and H- Item Outcomes; 2022 Strategic Plan Outcomes; and 2022 H-Item Outcomes.” She noted that having 54 strategic plan objectives is a lot for staff to handle, but they were able to complete 29 of them. She also noted that H-Items that are requested by Councilmembers and approved by the City Council for staff to implement vary from small to large undertakings. Of those 25 H- Items approved, 16 were completed by staff. • Review Feedback Received from Council Members Ms. Jacobs started this section of the agenda by reviewing key accomplishments that the Councilmembers noted in their interviews with Baker Tilly. The list is included on the PowerPoint slide entitled “Some Key Accomplishments Cited by Councilmembers.” She next reviewed the strengths, challenges, and opportunities that were identified during Councilmember and Charter Officer Interviews and during the executive team’s focus group. The compiled lists are included on the slide entitled “Strengths, Challenges, and Opportunities.” She also highlighted the fact that the collective team of Council Members, Charter Officers, and executive leadership share the same vision of the City’s strengths. She is also shared what Baker Tilly discovered through the process, that the City was fortunate to have a strong executive leadership team citing the team respects and leans on each other to accomplish so many services daily and extends those services for the large influx of visitors throughout the year. She further noted that staff is not political and will always offer and present their professional opinion and recommendations and may tell the Council Members things they may not want to hear or agree with and reiterated that staff will implement whatever the City Council as a body decides. At 10:12 a.m., Mayor Strickland announced a ten-minute recess. • 2023-2027 Goals and Priorities Setting Mayor Strickland reconvened the meeting and handed it over to Steve Mermell and Don White who launched the goals and tasks section of the agenda by displaying the PowerPoint slides Council/PFA Special Meeting Minutes June 8, 2023 Page 4 of 11 entitled “Goal Setting; How Management Staff Allocate Their Time; and Big Rocks.” He presented the pie chart that provides a perspective on how managers (department heads, mid- managers) in a local government typically allocate their time. The intent was to illustrate that the majority of time is committed to ensuring smooth day-to-day operations and only a small portion of their time is available for new initiatives. It was noted that this was not specific to the City of Huntington Beach and was non-scientifically created by Baker Tilly. Don White presented Stephen Covey’s “Big Rocks” metaphor and noted that this metaphor represents the City Council’s established goals and tasks. Baker Tilly identified six overarching goals through Councilmember interviews that were presented to the City Council for review, discussion, and confirmation. The six goals are: Public Safety; Public Engagement; Housing and Homeless; Infrastructure and Investment; Fiscal Stability; and Fostering a High Performing Organization. The City Council was invited to discuss what each goal meant to them. Comments included: Fiscal Stability • Government is able to provide services without sacrificing other services • Residents are customers, make the economy strong and revenue equals expenses • Provide services to maintain the quality of life • Use a cost benefit analysis, such as the recent street paving analysis, as it is helpful to review and decide what to do • Find ways to grow revenue • Cost of goods and labor has risen; need to keep up with inflation when revenues do not • When making decisions, need to think if this is how we would invest our own money • Review costs, remain lean without limiting services • Providing public safety is a balance, is the community safe but are the parks are in disrepair • Should not rely on tourism, events happen (COVID, 9-11) that have proven it can be impacted Public Engagement • Need to move away from 75% of the community learning through word of mouth (per community survey) • Share what we are doing and hear back from the community to understand the issues • Build community trust • Ongoing process to improve • Continuing holding Mayor’s round table, town halls, coffees, and public service announcements for events and things happenings. Housing and Homeless – the City Council requested that this goal be converted into 2 separate goals. Homeless: • Historically handled by the county and state, cities are not equipped for it, but it has become a major issue for all agencies • Business owners are impacted when people sleep in their doorways • Want to find a solution, not just deal with homelessness Council/PFA Special Meeting Minutes June 8, 2023 Page 5 of 11 • Throwing money at homelessness is not the answer; we should not have an open checkbook • There is a cost to the City and community for not providing services • Shelter is full, but that is not success, we need to find lasting, long-term solutions for our homeless clients • Need to help individuals obtain the skills and services to become independent again • Mental health and drug addiction are factors to address • Applaud the City for the steps taken to address the issue Housing: • State says to build more housing • This is a coastal community with a suburban feel, do not want to see high rises, and it would change the city • Need to make the economy strong so employees can afford to live here • Multiple families are living in one home; there are overcrowding issues as there is little vacancy with existing homes • We cannot build our way to affordability • We can build our way to affordability if development standards are changed • High-rise and high-density living is challenging for public safety Infrastructure Investment • Consider public-private partnerships such as advertising on trash receptacles for 79 parks • Receive road improvement funding from gas tax, but have not had increases • Find alternatives to driving, we cannot make road wider to reduce traffic • Engage the public to learn more about the City’s infrastructure and future needs Foster a High Performing Organization • Restructure the boards, commissions, and committees to reduce burden on staff’s time • Invest in tools to help us help the community: o One stop shop and systems that communicate together o Tracking requests and knowing what staff is working on it and what stage it is in o Systems are not integrated, they were created in silos • Improve efficiencies, delays can lead to lost revenue • Become more business friendly, have a point of contact to support them and walk them through the City’s processes • Do not invest in new technology and try to put the current process (we’ve always done it this way) in the new system, change processes and find solutions • Encourage staff to attend conferences to learn what other agencies are doing • Supervisors and managers should work to make sure their employees are properly trained • Happy personnel are high performing personnel • Continued focus on organization culture, understand the City’s mission and values for improved customer service Public Safety • Most important role for government to provide • If the community is not safe, you cannot have prosperous businesses Council/PFA Special Meeting Minutes June 8, 2023 Page 6 of 11 • Public safety is also psychosocial, the ability for members of the public who are disabled need to safely navigate the sidewalks • Continuing to be a tourist destination is dependent upon remaining a safe community • Development standards and designing for a safe infrastructure At 11:53 a.m., Mayor Strickland announced a 30-minute recess for lunch. Mayor Strickland reconvened the meeting and handed the meeting over to Mr. Mermell who reviewed the goals with the City Council and asked the City Council for a straw vote to agree with the goals above. There was a consensus amongst the City Council to agree that housing and homelessness should be separated into two goals. Steve Mermell then continued through the presentation with a review of the identified tasks for each goal. The tasks were gathered from each department through the gap analysis conducted by Baker Tilly. The proposed tasks are identified below: Goal 1: Fiscal Stability Goal statement: Ensure sufficient funding to support programs, services, and capital investments. Proposed Tasks: • Undertake a new cost of service (fee) study and cost allocation plan. • Update developer impact fees to ensure new development is paying its fair share. • Implement a centralized contract management system. • Develop a long-term vehicle replacement plan. • Review General Fund reserve levels using the Government Finance Officers Association (GFOA) Risk Analysis Template. • Consider options for new revenues. • Restart Transient Occupancy Tax (TOT), Utility User Tax, and lease concession audits. Goal 2: Public Engagement Goal statement: Provide the community with clear, accurate, and timely information and easy access to municipal services. Proposed Tasks: • Implement a 311 system to manage and track calls for various municipal services. • Redesign the City’s website to improve the usefulness and user experience. • Enhance capacity of HBTV by hiring a production officer, building out a studio, and expanding programming. • Hire a graphic designer to design, brand, and deliver more visual content. • Expand community outreach efforts through neighborhood town halls, direct mailers, and videos. • Create an open data platform for residents to access information from the city. Goal 3: Homeless Council/PFA Special Meeting Minutes June 8, 2023 Page 7 of 11 Goal statement: Implement programs to address homelessness in Huntington Beach. Proposed Tasks: • Explore options to collaborate with faith and community-based organizations, the city’s HB Cares Volunteer program, CalOptima, and others to provide social services in a cost- effective manner. • Study the feasibility of expanding the Navigation Center to include supportive housing. Goal 4: Housing Goal statement: Implement programs to address the need for affordable housing in Huntington Beach. Proposed Tasks: • Take action to maintain local control of land-use planning. • Work with property owners to extend, where possible, affordable rental covenants on the 319 units set to expire in the next five years. • Pursue opportunities to develop affordable housing through the use of the Low and Moderate Incoming Housing Asset Fund. Goal 5: Infrastructure Investment Goal statement: Maintain, repair, and replace the City’s infrastructure. Proposed Tasks: • Provide world-class beach facilities, including the renovation and expansion of 15 beach restrooms, new lighting improvements for Pier Plaza access, security and programming. • Implement PCH relinquishment enhancements including landscape and trees, traffic calming measures, additional bike paths, and off-street parking. • Conduct an assessment of all City facilities to determine priorities for upgrades and repairs, implementation and financial strategy. • Complete major CIPs including Sand Replenishment, Bluff Stabilization. • Greer Park Storm Drain & Park Improvements, Mobility and ADA Transition Plan Improvements. • Conduct water, sewer and trash rate studies to bring rates to appropriate levels. • Undertake major planning efforts including Fleet Capital Replacement Plan, Mobility Master Plan and Infrastructure Report Card. Goal 6: Foster a High Performing Organization Goal statement: Focus on excellent customer service and an engaged workforce. Proposed Tasks: • Fill department director and other key vacancies. Council/PFA Special Meeting Minutes June 8, 2023 Page 8 of 11 • Implement the Public Service Excellence Initiative based on NorthStar’s customer service assessment. • Restructure the City’s Boards, Commissions and Committees (BCC). • Explore new learning management systems to offer a more comprehensive and innovative employee training program. • Establish a one-stop-shop to consolidate development and frequently used services in one location to improve customer service. • Conduct financial and performance assessments of each department over the next four years. • Launch TrakStar, a web-based performance system for employees. • Select a new third-party administrator for workers’ compensation. Goal 7: Public Safety Goal statement: Provide world class public safety to our residents and visitors. Proposed Tasks: • Implement a Community-wide comprehensive risk reduction strategy (optimize emergency response) • Replace Self-Contained Breathing Apparatus (SCBA) • Implement Police Department software updates (jail management system, First Due, Paragrine, CAD/RMS) • Replace Fire Department fleet • Complete Police Department remodel projects (dispatch center, communications center, women’s locker room, traffic unit) • Implement a mobile integrated health program • Initiate a Fire Department community risk reduction (engagement coordinator, opioid prevention, targeted risk reduction campaigns) • Implement measures to ensure Fire Department emergency response staffing meets 92% increased call volume Steve Mermell then asked for clarification on the listed priorities and Councilmembers were able to provide additional comments and items for each goal. Fiscal Stability Comment: • Often new revenue implies taxes and fees Additions: • Economic development strategy • Create a spending policy Public Engagement Comment: • 311 is a one call, one website, one app for inquiries with a communication loop for reporting and managing service requests Council/PFA Special Meeting Minutes June 8, 2023 Page 9 of 11 Addition: • Need a digital dashboard with the open data portal Homeless No additions, these two items moved to separate Housing and Homelessness: • Explore options to collaborate with faith and community-based organizations, the city’s HB Cares Volunteer program, CalOptima, and others to provide social services in a cost-effective manner. • Study the feasibility of expanding the Navigation Center to include supportive housing. Housing Comments: • Landlords may not accept County vouchers for low income, need to reduce the barriers and connect with landlords and property owners • Need to address the vulnerable members of the community who may be unable to continue to care for their home maintenance needs Additions: • Explore options for voucher programs • Maintain home ownerships (stay in homes) Infrastructure Investment Additions: • Explore additional sports and concert venues for future economic return • Need to complete efforts on Central Library improvements under major CIPs • Downtown and Main Street improvements • Complete Central Library improvements Fostering a High Performing Organization Addition: • Review the Municipal Code for outdated content such as urban farming and food trucks Public Safety Comment: • Mobile integrated health is a public private partnership the Fire department is working toward With the additional items added and clarification on items received, Steve Mermell explained the next step in the process. Each Councilmember was given nine green colored dots. The priority items receiving the most dots would be ranked higher for staff to address within the first two years of the strategic plan. All tasks will be included in the strategic plan for completion within the four years of the plan, from FY 2023 through FY 2027. The City Council was then invited to walk around the room and place one dot per priority item of their choosing until they used all nine dots. Carol Jacobs then reviewed the rank voting results which resulted in a discussion of adding Economic Development as a separate goal. The results of the eight goals are listed below: Council Goal Dots Received Ranked Task Fiscal Stability 3 Consider Options for New Revenues Council/PFA Special Meeting Minutes June 8, 2023 Page 10 of 11 Public Engagement 5 Implement a 311 system to manage and track calls for various municipal services 3 Redesign the City’s website to improve the usefulness and user experience. 3 Expand community outreach efforts through neighborhood town halls, direct mailers, and videos. 2 Enhance capacity of HBTV by hiring a production officer, building out a studio, and expanding programming. 1 Create an open data platform for residents to access information from the City that includes a digital dashboard. Homeless 2 Explore options to collaborate with faith and community- based organizations, the City’s HB Cares Volunteer program, CalOptima, and others to provide social services in a cost-effective manner. 1 Study the feasibility of expanding the Navigation Center to include supportive housing. Housing 4 Take action to maintain local control of land-use planning. 2 Pursue opportunities to develop affordable housing through the use of Low- and Moderate-Income Housing Asset Fund 1 Work with property owners to extend, where possible, affordable rental covenants on the 319 units set to expire in the next five years Infrastructure Investment 4 Provide world-class beach facilities, including the renovation and expansion of 15 beach restrooms, new lighting improvements for Pier Plaza access, security, and programming 4 Explore additional sports and concert venues 2 Conduct an assessment of all City facilities to determine priorities for upgrades and repairs, implementation, and financial strategy. 1 Complete major CIPs including Sand Replenishment, Bluff Stabilization, Greer Park Storm Drain and Park Improvements, Mobility and ADA Transition Plan Improvements, and Central Library Foster a High Performing Organization 7 Establish a one-stop-shop to consolidate development and frequently used services in one location to improve customer service. 1 Conduct financial and performance assessments of each department over the next four years. 1 Municipal Code review Public Safety 5 Community risk reduction program (engagement coordinator, opioid prevention, targeted risk reduction campaigns) 2 Police department remodel projects (dispatch center, communications center, women’s locker room, traffic unit) Economic Development 4 Develop an Economic Development Strategy (formerly under Fiscal Stability) • Next Steps and Staying on Track Council/PFA Special Meeting Minutes June 8, 2023 Page 11 of 11 Don White reviewed the commitments made by staff for the success of the strategic plan as shown in the PowerPoint slide entitled “Commitments from Staff.” Steve Mermell presented additional information on the following PowerPoint slides entitled “City Council Requests – H Items; and Best Practice Criteria for Adding Initiatives and Projects Mid Cycle” and noted that adding big rocks and many additional small rocks diverts staff from accomplishing the established goals and tasks. He encouraged Councilmembers to bring any potential H-Items to the City Manager who can identify ways for the ask to be done; advise what is already being done; and what cannot be done easily. Carol Jacobs informed the City Council of the next steps of the process which include: Baker Tilly will provide a written workshop report to the City Manager; City staff will prepare a draft strategic plan for City Council approval; Baker Tilly will prepare an Implementation Action Plan that includes Council established goals, Council established tasks, Objectives to further the tasks, Timeline (start and completion dates), Resources needed and currently unavailable (and sources), Staff assigned (including lead person); and Milestones. • Concluding Remarks and Adjournment Mayor Strickland stated that he got more out of the day than anticipated. He thanked the City Manager for bringing the group together and for the preparation and attendance by City staff. ADJOURNMENT — 1:41 PM, a motion made by Strickland, second by McKeon, to adjourn to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Tuesday, June 20, 2023, 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 Minutes City Council/Public Financing Authority Regular Meeting, and Special Meeting of the Housing Authority City of Huntington Beach Tuesday, July 18, 2023 5:00 PM — Council Chambers 6:00 PM — Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 A video recording of the 5:00 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/ 5:00 PM - COUNCIL CHAMBERS CALL TO ORDER — 5:00 PM ROLL CALL Present: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns Absent: None CITY COUNCILMEMBER COMMENTS (3-Minute Time Limit) Councilmember Burns congratulated Huntington Beach High School student Bradley Navarro on his first- round Major League Baseball (MLB) draft; Councilmember McKeon discussed his appreciation for Council’s adoption of a balanced budget on June 26, 2023, and described financial profits association with the 2022 Pacific Airshow; Councilmember Moser acknowledged her attendance at the “A Walk On Water” surf therapy event held on July 15 and 16 in Huntington Beach. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO CLOSED SESSION ITEMS — None PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS — None A motion was made by Burns, second by Van Der Mark, to recess to Closed Session. RECESSED TO CLOSED SESSION — 5:03 PM CLOSED SESSION 1. 23-609 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Pacific Airshow, LLC v. City of Huntington Beach and Kim Carr; OCSC Case No. 30-2022-01287749. City Council PFA Regular Minutes Housing Authority Special Minutes July 18, 2023, Page 2 of 24 2. 23-632 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). City of Huntington Beach v. State of California; OCSC Case No. 30-2019-01044945. 6:00 PM — COUNCIL CHAMBERS RECONVENED THE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING, AND CALLED TO ORDER A SPECIAL MEETING OF THE HOUSING AUTHORITY — 6:00 PM ROLL CALL Present: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns Absent: None PLEDGE OF ALLEGIANCE — Led by Councilmember Kalmick INVOCATION 3. 23-517 Huntington Beach Fire and Police Chaplain Roger Wing 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. CLOSED SESSION REPORT BY CITY ATTORNEY — 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, which were all uploaded to the City's website and Councilmember iPads: City Manager's Report Item #4 (Revised PowerPoint presentation); Consent Calendar Item #6 (1 email communication), Item #7 (4 email communications), Item #8 (1 email communication), Item #9 (1 email communication); Public Hearing Item #17 (5 letters and 12 email communications); Administrative Items #18 (1 email communication), Item #20 (Revised PowerPoint presentation and 1 email communication); Councilmember Items #21 (1 email communication), Item #22 (1 Request for Action memo and 5 email communications). PUBLIC COMMENTS — 18 Speakers 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. Diane Bentley, a 22-year Huntington Beach resident, was called to speak and shared her opinions and concerns related to the Pacific Air Show settlement. (00:14:26) Jim Rossman, a 44-year Huntington Beach resident and Third Vice Commander of Huntington Beach American Legion Post 133, was called to speak and announced the 2nd Annual Car Show on August 20 at the Huntington Beach Sports Complex to raise funds for the Veterans Resource Center, which Post 133 provides at Central Library. (00:16:47) City Council PFA Regular Minutes Housing Authority Special Minutes July 18, 2023, Page 3 of 24 Unnamed Guest was called to speak and shared her opinions related to recent actions of Councilmember Kalmick and an organization for which he is president, and asked that he resign from his Councilmember position. (00:19:43) Marcy Nava, a 53-year Huntington Beach resident, was called to speak and shared her support for the Pacific Air Show. (00:21:53) Tim Geddes, a long-time Huntington Beach resident and Mobile Home Advisory Board Former Chair, was called to speak and shared his opinions and concerns related to the Council Majority. (00:22:27) Andrew Einhorn, Huntington Beach resident, was called to speak and shared his opinions and concerns regarding a Councilmember's alleged past hate speech and asked that City Attorney Michael Gates appoint an independent external committee to review the allegations since City Council has failed to act on his requests to address this situation. (00:25:33) Butch Twining, a 57-year Huntington Beach resident and Planning Commission Vice Chair, was called to speak and shared his opposition to Public Hearing Item #17 regarding Conditional Use Permit No. 23- 006 (Huntington Beach Community Church Wireless Communication Facility). (00:27:39) Amory Hanson was called to speak and shared his support for Councilmember Items #22 regarding a proposed Charter Amendment requiring voter approval for selected City of Huntington Beach purchases of Real Property that impact Property Tax. (00:30:47) Russ Neal, a Huntington Beach resident, was called to speak and shared his support for Consent Calendar Item #7 regarding positions on legislation pending before the State Legislature, as recommended by the Intergovernmental Relations Committee (IRC), and Councilmember Items #22 regarding a proposed Charter Amendment requiring voter approval for selected City of Huntington Beach purchases of Real Property that impact Property Tax. (00:32:07) Lisa Ferraro, 30-year Huntington Beach resident and 22-year small business owner, was called to speak and stated her support for the newly-elected Councilmembers and City Attorney Michael Gates. (00:34:54) Doris Hill, a long-time Huntington Beach resident, was called to speak and shared her support for the newly-elected Councilmembers and City Attorney Michael Gates. (00:37:40) Jeanne Goodin was called to speak and shared her support for the newly-elected Councilmembers and City Attorney Michael Gates. (00:39:58) Kathy Carrick, a long-time Huntington Beach resident, was called to speak and shared her support for the Pacific Air Show, and asked that Councilmembers focus on cooperation and fixing the real problems that affect residents. (00:43:43) Bryan Visnoski, 35-year Huntington Beach resident, was called to speak and stated his support for Consent Calendar Item #12 regarding construction contract for the Banning Avenue Street Improvements with the roundabout. (00:46:38) Unnamed Guest was called to speak and shared her opposition related to recent communication she received from Save Surf City regarding a number of actions and decisions made by Councilmembers. (00:49:44) City Council PFA Regular Minutes Housing Authority Special Minutes July 18, 2023, Page 4 of 24 Pat Goodman was called to speak and stated her opposition to Councilmember Items #22 regarding a proposed Charter Amendment requiring voter approval for selected City of Huntington Beach purchases of Real Property that impact Property Tax. (00:52:41) Ken Inouye, 50-year Huntington Beach resident, was called to speak and thanked Councilmembers Bolton, Kalmick and Moser for their service. Mr. Inouye shared his opinions and concerns regarding the budget recently passed during the "11th Hour" and respectfully requested that Council regularly review the budget and make changes, if necessary, and allow time for resident input. (00:54:41) Roger Noor was called to speak and stated his support for the newly-elected Councilmembers and appreciation for Town hall meetings. (00:57:44) COUNCIL COMMITTEE APPOINTMENT ANNOUNCEMENTS — None AB 1234 REPORTING — None OPENNESS IN NEGOTIATION DISCLOSURES — None CITY MANAGER’S REPORT 4. 23-628 One Stop Shop Update City Manager Al Zelinka introduced Jasmine Daley, Community Development Department Building Official, who presented a PowerPoint communication titled One Stop Update with slides entitled: Background; StreamlineHB: Top Components; StreamlineHB: Status; Where are we today?; Permit Center; External Online Portal: A "Game Changer"; ACA Demo Video; Streamline HB; Streamline HB Steps; Data Collection; Daily Customers Per Department; Permit Valuation by Year (2019-2023); Permit Counts by Year (2019-2023); In-Person Customers (2019-2023); Streamline HB Progress and Plans; Streamline HB Progress; Streamline HB Plan (2); Preliminary Cost Estimates, and Questions. Councilmember McKeon suggested adding Special Event permits; providing sequential check lists for different types of projects; and developing a system to address the issue of all involved parties not being aware of requested changes or status by possibly including everyone in all communications such as Building Department, applicant, third party reviewer, architect, etc. Mayor Pro Tem Van Der Mark and Building Official Daley discussed the need for all costs to be determined as soon as possible in the application process, and eliminate the need to contact multiple departments to determine costs and availability when using multiple City facilities. Mayor Strickland noted that Huntington Beach hotels compete with surrounding cities for group events, some of which provide a more customer friendly permitting process. Mayor Strickland noted that City Manager Al Zelinka and Kelly Miller of Visit HB are already in communications on this issue. Community Development Director Ursula Luna-Reynosa clarified that typically the permitting process is for land development, entitlement, or construction permits and noted the issues being presented by Council appear to be outside of those core functions for the Development Department. She noted that Economic Development and Community Event Services Departments have been involved in some of the preliminary conversations and confirmed there will be more collaborative effort going forward. City Council PFA Regular Minutes Housing Authority Special Minutes July 18, 2023, Page 5 of 24 Councilmember Moser stated her support for an efficient process that includes large events. She further explained that from her experiences with project management, it is important to focus first on the original project and getting it right, and then other ancillary objectives can be incorporated. City Manager Al Zelinka reminded everyone that Consultant Dennis Snow has stated that the "gift" of problems and complaints that appear during the development process provides an opportunity to make things better. He added they shouldn't just address the physical aspects without including the programmatic aspects, and noted that some things will be phased in based on available resources, and the ultimate result will be the best system for economic development in Huntington Beach. Councilmember Burns noted his perspective being the amount of time it can take before a project breaks dirt or starts pounding nails, and he is excited about addressing that issue. CONSENT CALENDAR City Manager Al Zelinka announced that Consent Calendar Item #8, regarding an Ocean Friendly Communities Pilot Program, has been tabled to a date uncertain as requested by the Surfrider Foundation. Councilmember Kalmick pulled Items #7 and #12, and Councilmember Burns pulled Item #14, for further discussion. CITY CLERK 5. 23-516 Approved and Adopted Minutes A motion was made by Kalmick, second Burns to approve and adopt the City Council/Public Financing Authority regular meeting minutes of June 20, 2023; and, approve and adopt the City Council/Public Financing Authority adjourned regular meeting minutes of June 26, 2023 The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None CITY MANAGER 6. 23-626 Approved Comments by the Jet Noise Commission to the Federal Aviation Administration A motion was made by Kalmick, second Burns to approve the comment letter, and direct staff to submit the letter to the FAA. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 7. 23-559 Approved positions on legislation pending before the State Legislature, as recommended by the Intergovernmental Relations Committee (IRC). City Council PFA Regular Minutes Housing Authority Special Minutes July 18, 2023, Page 6 of 24 Councilmember Kalmick pulled this item because to the best of his knowledge several of these items have been either pulled or are on suspense, therefore he requested they all follow the League of Cities recommendations to be on “Watch” rather than “Oppose”. A motion was made by Kalmick, second Moser to approve the following positions on State legislation: A) WATCH AB 223 (Ward) Change of Gender and Sex Identifier B) WATCH AB 957 (Wilson) Family Law: Gender Identity C) WATCH SB 58 (Wiener) Controlled Substances: Decriminalization of Certain Hallucinogenic Substances D) WATCH SB 253 (Wiener) Climate Corporate Data Accountability Act E) WATCH SB 770 (Wiener/McGuire) Health Care: Unified Health Care Financing F) WATCH AB 1287 (Alvarez) Density Bonus Law G) WATCH SB 7 (Blakespear) The Homeless Housing Obligation Act H) WATCH SB 555 (Wahab) Stable Affordable Housing Act of 2023 I) WATCH SB 584 (Limon/Caballero) Laborforce housing: Short-Term Rental Tax Law J) WATCH SB 50 (Bradford) Vehicles: Enforcement K) WATCH SB 838 (Menjivar) Victim Compensation: Use of Force by a Law Enforcement Officer L) WATCH Assembly Constitutional Amendment (ACA) 4- Eligibility to Vote The motion failed by the following roll call vote: AYES: Kalmick, Moser, and Bolton NOES: Van Der Mark, Strickland, McKeon, and Burns Councilmember Bolton shared her opinion that AB 223 and AB 957 are dealing with cultural war issues related to minors, parents, custody, and visitation, issues which she believes are not relevant to the business of the City of Huntington Beach. Councilmember Kalmick stated AB 1287 is relevant to Huntington Beach, and he supports opposing it as this takes away a lot of local control as it mandates that an entire project must be approved or denied, and the City would not be allowed to pick and choose developer incentives. Councilmember Kalmick stated he does not support a fifteen percent (15%) Transient Occupancy Tax, and doesn't believe SB 584 will necessarily be acted upon in the near term. A motion was made by Strickland, second Van Der Mark to approve the following position on State legislation: A) OPPOSE AB 223 (Ward) Change of Gender and Sex Identifier. AB 223 provides for specified records to be kept confidential by courts for minors' petition for change of gender and sex identifiers. The motion carried by the following roll call vote: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: Bolton ABSTAIN: Kalmick, and Moser A motion was made by Strickland, second Van Der Mark to approve the following position on State legislation: City Council PFA Regular Minutes Housing Authority Special Minutes July 18, 2023, Page 7 of 24 B) OPPOSE AB 957 (Wilson) Family Law: Gender Identity. AB 957 clarifies that in Family Court when determining the best interests of a child in a proceeding to determine custody or visitation for a child, shall consider health, safety and welfare of the child, including whether or not a parent affirms the child's chosen gender identity. The motion carried by the following roll call vote: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: Bolton ABSTAIN: Kalmick, and Moser A motion was made by Strickland, second Burns to approve the following position on State legislation: C) OPPOSE SB 58 (Wiener) Controlled Substances: Decriminalization of Certain Hallucinogenic Substances. SB 58 makes lawful the possession, preparation, obtaining, transfers or transportation of specified quantities of psilocybin, psilocyn, dimethyltryptamine (DMT), ibogaine, and mescaline for personal use or facilitated or supported use as defined by and with persons 21 years of age or older. The motion carried by the following roll call vote: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: None ABSTAIN: Kalmick, Moser, and Bolton A motion was made by Strickland, second McKeon to approve the following position on State legislation: D) OPPOSE SB 253 (Wiener) Climate Corporate Data Accountability Act. SB 253 would require any partnership, corporation, LLC, or other US business entity with annual revenues in excess of $1B, and that does business in California, to publicly report their annual green-house gas emissions as specified by the California Air Resources Board. The motion carried by the following roll call vote: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: None ABSTAIN: Kalmick, Moser, and Bolton A motion was made by Strickland, second Burns to approve the following position on State legislation: E) OPPOSE SB 770 (Wiener/McGuire) Health Care: Unified Health Care Financing. SB 770 directs the Secretary of California Health and Human Services Agency to pursue waiver discussions with the Federal government for capturing of unified health care financing system that incorporates specific features, including a comprehensive package of medical behavioral health, pharmaceutical, dental and vision benefits without cost sharing for essential services and treatments. The motion carried by the following roll call vote: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: None ABSTAIN: Kalmick, Moser, and Bolton City Council PFA Regular Minutes Housing Authority Special Minutes July 18, 2023, Page 8 of 24 A motion was made by Strickland, second McKeon to approve the following position on State legislation: F) OPPOSE AB 1287 (Alvarez) Density Bonus Law. AB 1287 requires city or county or city and county to grant additional density concessions and incentives when an applicant agrees to include additional low or moderate-income units on top of the maximum number of units for low, very low, or moderate-income units. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None A motion was made by Strickland, second Burns to approve the following position on State legislation: G) OPPOSE SB 7 (Blakespear) The Homeless Housing Obligation Act. SB 7 would require Regional Housing Needs (RHN) to include homeless as an income category for local housing element planning purposes and enact the Homeless Housing Obligation Act which requires each city and county to develop a Housing Obligation Plan to provide housing opportunities for each homeless person within its jurisdiction by January 1, 2030. SB 7 would also require Department of Housing and Community Development to develop and administer a new program upon appropriation of funding by the legislature to provide grants to cities, counties and non-profit housing entities to fulfill the obligations to provide housing opportunities for homeless persons. The motion carried by the following roll call vote: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: None ABSTAIN: Kalmick, Moser, and Bolton A motion was made by Strickland, second McKeon to approve the following positions on State legislation: H) OPPOSE SB 555 (Wahab) Stable Affordable Housing Act of 2023. SB 555 creates the Stable Affordable Housing Act for the purposes of planning for the development of social housing through a mix of acquisitions and new production. The motion carried by the following roll call vote: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: None ABSTAIN: Kalmick, Moser, and Bolton A motion was made by Strickland, second Van Der Mark to approve the following position on State legislation: I) OPPOSE SB 584 (Limon/Caballero) Laborforce housing: Short-Term Rental Tax Law. SB 584 requires a fifteen percent (15%) State short-term tax occupancy tax be collected and to allocate the funds for the construction, acquisition and rehabilitation of affordable housing and renter protection programs. This bill creates a new program at HCD that would finance labor force housing units, and City Council PFA Regular Minutes Housing Authority Special Minutes July 18, 2023, Page 9 of 24 provide grants to cities, counties, and local housing authorities. The City of Huntington Beach currently imposes a Transient Occupancy Tax of ten percent (10%). The motion carried by the following roll call vote: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: None ABSTAIN: Kalmick, Moser, and Bolton A motion was made by Strickland, second Burns to approve the following position on State legislation: J) OPPOSE SB 50 (Bradford) Vehicles: Enforcement. SB 50 prohibits peace officers from initiating a traffic stop for specified low-level infractions unless a separate independent basis for a stop exists, and to authorize local authorities to enforce traffic violations through the use of non-sworn government employees. The motion carried by the following roll call vote: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: None ABSTAIN: Kalmick, Moser, and Bolton A motion was made by Strickland, second Burns to approve the following position on State legislation: K) OPPOSE SB 838 (Menjivar) Victim Compensation: Use of Force by a Law Enforcement Officer. SB 838 would revise the definition of a crime for the purpose of the Victim Compensation program to include an incident in which an individual sustains serious bodily injury or death as a result of law enforcement officer's use of force. The motion carried by the following roll call vote: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: None ABSTAIN: Kalmick, Moser, and Bolton A motion was made by Strickland, second Burns to approve the following position on State legislation: L) OPPOSE Assembly Constitutional Amendment (ACA) 4- Eligibility to Vote. ACA 4 repeals the Constitutional requirement for the legislature to provide for the disqualification of electors while serving a state or federal prison term for the conviction of a felony, subject to the approval of voters. The motion carried by the following roll call vote: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: None ABSTAIN: Kalmick, Moser, and Bolton 8. 23-587 TABLED TO A DATE UNCERTAIN Consideration of the Environmental Sustainability Board's Recommendation to Participate in the Surfrider Foundation's Ocean Friendly Communities Pilot Program City Council PFA Regular Minutes Housing Authority Special Minutes July 18, 2023, Page 10 of 24 COMMUNITY AND LIBRARY SERVICES 9. 23-504 Approved design and installation of a chronological plaque depicting the restoration milestone efforts of community volunteers at Norma Brandel Gibbs Park as recommended by the Community & Library Service Commission. A motion was made by Kalmick, second Burns to approve the recommendation by the Community & Library Services Commission for the design and installation of a plaque honoring volunteer efforts of the restoration and beautification of Norma Brandel Gibbs Park on a pylon at the western entrance of the park. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 10. 23-597 Approved five-year License Agreement with Southern California Edison for Edison Community Park A motion was made by Kalmick, second Burns to approve the License Agreement with Southern California Edison for the use of 8.06 acres of property known as Edison Community Park (Contract 9.2193), and authorize the Mayor and City Clerk to execute any and all documents necessary to complete this transaction. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None HUMAN RESOURCES 11. 23-606 Approved Appointment of Sunny Han as Chief Financial Officer and Approved the Employment Agreement A motion was made by Kalmick, second Burns to Approve and authorize the City Manager to execute the "Employment Agreement between the City of Huntington Beach and Sunny Han" for the position of Chief Financial Officer. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None PUBLIC WORKS 12. 23-456 Accepted the lowest responsive and responsible bid, and authorized execution of a construction contract with R.J. Noble in the amount of $4,137,704.00 for the Banning Avenue Street Improvements, CC-1711. Councilmember Kalmick pulled this item to allow for a staff presentation to review options. City Council PFA Regular Minutes Housing Authority Special Minutes July 18, 2023, Page 11 of 24 Chau Vu, Deputy Director of Public Works, presented a PowerPoint communication titled Banning Avenue Improvement Project 2022/23 with slides entitled: Purpose and Need; Scope of Work; Renderings of Roundabout; Community Engagement; Bid Alternatives; Bids and Basis of Award; Funding; CIP AES Funding Summary; Grant Application for Deferred Roundabout; Options (2); and Questions? Councilmember Kalmick shared some more details regarding the upcoming funding which may be available through the Complete Streets grants program, and noted funding includes planning costs. He stated his support for including the roundabout in this phase by using AES funding now, delaying Banning Avenue enhanced street lighting and rehab, and delaying other projects on streets like Magnolia, Newland and Bushard, if possible, to be paid for by Complete Streets grants. Deputy Director Vu noted that any funding that comes from Federal sources will most likely mean a two-year timeframe from award to receipt because of the time-consuming procedural process. Councilmember McKeon noted that the roundabout can't be started this year because there is not enough time to complete it before school starts, so if approved it would be planned for next year. Deputy Director Vu confirmed the roundabout project would require a three-month street closure, a major traffic disruption for an area that is less than one-half mile from the school. Councilmember McKeon stated his support for just installing lighting conduit and boxes for the north side first, increasing the lumens on the existing south side lights, and evaluating if that creates enough lighting. If not, the conduit and boxes are already there to actually install the north side lights. Deputy Director Vu reviewed the Options slides. She clarified that enhanced lighting includes 24 new street light poles and nine additional fixtures added to existing poles, and noted there would have to be further investigation to determine potential cost savings for a Change Order to just install lighting conduit and increase lumens on existing south side lights. Councilmember McKeon stated his support for Option C, removing the roundabout for a re-bid and build in 2024. City Manager Al Zelinka clarified with Deputy Director Vu that the intersection for the proposed roundabout would remain a 4-way stop until the roundabout is constructed. Assistant City Manager Travis Hopkins added that if a roundabout was totally removed from all plans, there are proposed intersection safety enhancements with 4-way stops. If Council approves to just delay the roundabout option, the intersection would be left as is until the roundabout is installed next year with City funding, or installed in two years with anticipated Federal funding. Councilmember Moser stated her support for a roundabout, and clarified potential savings would be realized only if it was determined additional light poles are not needed on the north side. Assistant City Manager Hopkins clarified that in the end, if the additional light poles are needed, it is unknown at this time whether completing that project would cost the same, or more, or less than what a change order to only install conduit will save. Councilmember Kalmick confirmed that the proposed additional light poles will be installed for the south side. He also stated he does not expect roundabout costs will be reduced with a re-bid in the future, and asked for clarification on whether re-bidding the roundabout could potentially delay construction to 2025 or 2026. City Council PFA Regular Minutes Housing Authority Special Minutes July 18, 2023, Page 12 of 24 Assistant City Manager Hopkins clarified if Council approves re-biding and using City funds, the roundabout could be completed next summer. A motion was made by McKeon, second Strickland to accept the lowest responsive and responsible bid submitted by RJ Noble in the amount of $4,137,704.00 (Base Bid + Additive Alternative D); and authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney, as amended to defer roundabout construction to 2024; issue change order to construct conduit only on the north side of Banning and increase lumens on the south side of Banning; and, apply for additional federal and OCTA grant funding. The motion as amended carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 13. 23-496 Approved and authorized the execution of Amendment No. 1 to the Professional Services Contract between City of Huntington Beach and HF&H Consultants, LLC for negotiation services for SB 1383 compliance to increase the contract amount by $40,000 for a total not to exceed $115,000 A motion was made by Kalmick, second Burns to approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Professional Services Contract between City of Huntington Beach and HF&H Consultants, LLC for Negotiation Services for SB 1383 Compliance." The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 14. 23-506 Adopted Resolution No. 2023-30 authorizing the application for grant funds from the State Department of Parks and Recreation through the Habitat Conservation Fund Program Councilmember Burns pulled this item for a staff presentation. Chau Vu, Deputy Director of Public Works, presented a PowerPoint communication titled Shipley Nature Center Grant Resolution with slides entitled: Grant Resolution; Exhibit; and Questions? Deputy Director Vu noted that total costs are expected to be about $700,000 and the grant match would cover 50 percent (50%) of the costs. Councilmember Burns noted the cost seems excessive to him for a wood chip path around the lake. He suggested a good mowing, with Public Works placing wood chips produced from tree trimming on the path as an alternative solution. Deputy Director Vu replied this project has not been designed yet, but does include some construction cost increases, and clarified that if the project ends up only costing about $400,000, the City will then be obligated for $200,000. City Manager Zelinka clarified with Deputy Director Vu that if grant funds actually become available, Council will then have the opportunity to accept or deny those funds, and this item is only authorization to City Council PFA Regular Minutes Housing Authority Special Minutes July 18, 2023, Page 13 of 24 submit for the grant funds. The City becomes obligated for 50% of the project if a Grant Agreement is approved by Council if grant funds become available. Councilmember Moser stated her support for applying for available grant monies, and noted this condition has existed for a long time and is preventing access to certain areas of the Nature Center. Mayor Strickland commended Councilmember Burns for pulling this item to clarify it is not about approving a project, but only approving the application for grant funds. A motion was made by Moser, second Bolton to adopt Resolution 2023-30, "A Resolution of the City Council of the City of Huntington Beach Approving the Application for Grant Funds from the Habitat Conservation Fund Program." The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 15. 23-577 Accepted the lowest responsive and responsible bid and authorized execution of a construction contract with Premo Construction in the amount of $364,095 for the Well 9 Roof Replacement Project, CC1687 A motion was made by Kalmick, second Burns to accept the lowest responsive and responsible bid submitted by Premo Construction, Inc. in the amount of $364,095; authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and appropriate $97,300 from the Water Fund to account 50691043.82100. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 16. 23-582 Accepted the lowest responsive and responsible bid and authorized execution of a construction contract with Fleming Environmental Inc. in the amount of $1,093,371.00 for the Civic Center Underground Storage Tank (UST) Replacement Project, CC-1651 A motion was made by Kalmick, second Burns to accept the lowest responsive and responsible bid submitted by Fleming Environmental Inc. in the amount of $1,093,371.00, and authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None PUBLIC HEARING 17. 23-585 Denied Conditional Use Permit No. 23-006 (Huntington Beach Community Church Wireless Communication Facility) City Council PFA Regular Minutes Housing Authority Special Minutes July 18, 2023, Page 14 of 24 Councilmember Kalmick stated he spoke with staff about this item. No other Councilmembers had ex parte communications to disclose for this item. Hayden Beckman, Senior Planner, presented a PowerPoint communication titled Appeal of the Planning Commission's Action Conditional Use Permit No. 23-006- (Huntington Beach Community Church Wireless Communication Facility) with slides entitled: Proposed Project; Zoning Administrator Approval; Planning Commission Action; Project Site; Site Plan; Elevations; Stealth Design (3); Analysis (2); Appeal of Planning Commission's Action; Appeal of Zoning Administrator's Approval (4); Stealth v. Non-Stealth; Staff Recommendation; and Questions? Mayor Pro Tem Van Der Mark confirmed with Senior Planner Beckman that the applicant, not the City, makes the decision regarding potential sites for the project to meet gaps in applicant's service. Senior Planner Beckman noted staff believes the applicant has demonstrated good faith efforts to find alternative sites. There was further discussion and review of the presentation to evaluate how close this tower would be located to existing homes. Councilmember McKeon confirmed with Community Development Director Ursula Luna-Reynosa that federal laws only allow cities to have control over esthetics and development standards, and staff confirms that the proposed project meets established zoning standards. City Attorney Michael Gates confirmed there are a host of issues that the Federal Communications Commission (FCC) has jurisdiction over for a project like this, and it appears the applicant has met all of the requirements that federal law contemplates. Mayor Strickland confirmed with City Attorney Michael Gates there could be a federal challenge if the City Council denies this Conditional Use Permit. Mayor Strickland opened the Public Hearing. 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, which were all uploaded to the City's website and Councilmember iPads: (5 letters and 12 emails) Public Speakers — 7 The number [hh.mm.ss] following the speakers’ comments indicates their approximate starting time in the archived video located at http://www.surf-city-hb.org/government/agendas. John Silverman, Smart Link Representative, developers working with applicant AT&T for site acquisition, was called to speak and noted the primary purpose of this project is to serve the surrounding community. Mr. Silverman addressed some of the arguments presented against this project such as impact on property values, nesting birds, and noise. (02:33:26) Coral Jean Zeno was called to speak and expressed appreciation for some Councilmembers reaching out to discuss her concerns. She stated her opposition to this location and specifically shared her concerns about 5G being new technology. Ms. Zeno stated to the best of her knowledge Huntington Beach Community Church is the only entity that responded to the inquiry for locations. She noted that her internet service is fine, and stated this tower will be right in the middle of her line of site from her home. (02:35:43) City Council PFA Regular Minutes Housing Authority Special Minutes July 18, 2023, Page 15 of 24 Unnamed Guest was called to speak and shared his opinion that City Council can deny this project based on family, safety, well-being and the environmental impact. He asked why suddenly this project is exempt from the California Environmental Quality Act. He expressed his frustrations at how a tie vote by the Planning Commission resulted in a ruling in favor of the applicant, rather than the negatively impacted residents like him. (02:38:16) David Gridley, a resident of Windy Sands Circle, was called to speak and shared his opinion that the Planning Commissioners seem very slanted in support of AT&T, as demonstrated by the fact that AT&T had unlimited time to present their side, but the affected homeowners were time limited. He believes that AT&T has been very disrespectful towards anyone who is opposed to this project, and doesn't believe AT&T put any time and effort to follow-up with other potential site owners. He also noted the high cost for the homeowners to fight this project and expressed frustration that City staff would side with AT&T rather than Huntington Beach residents. (02:41:38) Scott Boxley, a resident of Windy Sands Circle, was called to speak and stated his opposition to this unsightly and obstructive project. To the best of his knowledge cell towers should be at least 500 — 1,000 feet away from dense populations. He expressed his dismay that apparently the desires of the 24 nearby homeowners have no impact on the City's decision, and referenced documentaries he has seen describing the negative effects 5G may have on wild bee populations. (02:43:56) Jen Hwang was called to speak and noted this tower will be placed just 75 feet from her son's bedroom and their back yard. She shared her concerns for their health, esthetics of the tower and the impact on the value of their home. She stated this tower will be in the line of sight every time she looks out her windows. She doesn't know of anyone who would choose to live by a cell tower, even one that is poorly disguised as a tree. She asked if the huge open area at the corner of Slater and Beach was even considered as a location. Ms. Hwang noted that asbestos and Roundup are now known to be unhealthy, and asked why potential the long-term ramifications of 5G are not being even considered. She noted that while AT&T appears to have met the letter of the law, what about the spirit of the law? She shared her opinion that this project will negatively affect the quality of life for those Huntington Beach residents living close by. She encouraged Council to say no to something that is not necessary, and asked if the Harbor View tower could be taken down after the project was started, why this project can’t be stopped before it starts? (02:47:01) Ariel Strauss, Counsel for appellant Christina Price, was called to speak and stated this is not a complicated case, and not a problem of federal preemption. He added the City has full authority to impose their own standards and mandate that the Ordinance be fully complied with. Numerous previous federal court cases show that a failure to complete an application as required by an ordinance is a basis for denial. Mr. Strauss raised the issue of why AT&T did not consider co-locating with a roof-top antenna installation that is within 1,000 feet of the proposed tower location, on the tallest building at the intersection of Slater and Beach. He also noted that AT&T has not proven the proposed plastic tree tower is in compliance with the City's standards. (02:50:07) There being no more public speakers, Mayor Strickland closed the public hearing. Councilmember Burns invited Mr. Silverman, Smart Link Representative and Mr. Strauss, Counsel for appellant Christina Price, to the podium to participate in the discussion. Councilmember Burns, Mr. Silverman and Mr. Strauss discussed safe RF emission standards, which are determined by the FCC, not the local jurisdiction. Whether or not AT&T environmental regulations comply with FCC regulations is currently being reviewed by the FCC. City Council PFA Regular Minutes Housing Authority Special Minutes July 18, 2023, Page 16 of 24 Councilmember McKeon stated his support for local control, and his opposition to this installation location. He would like to focus on a solution by finding an alternate installation location and reviewed reasons the owners declined the opportunity at 11 different possible sites. Councilmember McKeon offered to assist in communicating with property owners who failed to respond, or responded negatively, and suggested this item be tabled so that the City can provide AT&T with more support for site location. City Attorney Michael Gates introduced Deputy City Attorney Connor Hyland who has more specialized expertise in these issues, and explained that federal regulations require that a city take action (either approval or denial) on a wireless facility application within 150 days, or by July 27 in this case. Councilmember Kalmick shared his opinion based on his former Planning Commission experience, and stated he sees this type of installation as infrastructure and believes if this item is denied then it will end up in federal court. Community Development Director Ursula Luna-Reynosa and Senior Planner Beckman provided an overview of the previous cell tower situation at Harbor View which was public property with Measure C considerations. City Council at that time denied approval. Councilmember Kalmick stated his concern that if this item is denied, it will result in the costs for a court case, and in the end the cell tower will still be built. Mayor Strickland noted that not one resident has expressed support for this cell tower, and understanding that denial or approval meets federal regulations for action, he supports further cooperative efforts to assist AT&T in finding another location. City Attorney Gates explained that next steps will be determined by AT&T's response to the decision City Council makes. He added that if AT&T agrees, the City can get an FCC shot clock extension beyond the 150 days, and the City Attorney’s Office would do whatever it takes for that process to proceed before the July 27 deadline. Appellant Counsel Strauss clarified that it is not the FCC that sues cities, but rather the applicant. He added that the Supreme Court has ruled that applicants cannot include legal fees in a settlement. He also noted that a Conditional Use Permit is the highest standard of analyses and provides the most discretion because of the recognition that cell towers have the worst impacts which should be mitigated whenever possible. Councilmember Bolton asked AT&T Representative Silverman if he thinks AT&T would cooperate with the City on efforts to review all site possibilities. Mr. Silverman responded it would be difficult to meet the deadline, would require a Tolling Agreement to postpone this decision to allow time for continued efforts, and AT&T always agrees to sign a Tolling Agreement. Deputy City Attorney Hyland confirmed that if there is no Tolling Agreement in place to extend the shot clock, and Council just postpones the decision rather than denying or approving, then the City would be in violation of FCC regulations. Councilmember Kalmick asked and Senior Planner Beckman confirmed that the Zoning Administrator conditionally approved the project on April 19, but that doesn't count as the final decision. Councilmember Kalmick stated his understanding that if for any reason a Tolling Agreement is not completed by the shot clock deadline, then the City is upside down. City Council PFA Regular Minutes Housing Authority Special Minutes July 18, 2023, Page 17 of 24 Mayor Strickland summarized options for City Council: 1) provide an action by denying the item, with the expectation that the Tolling Agreement will be signed before July 27, or 2) take no action with the expectation that the Tolling Agreement will be signed before July 27 and call for a Special Meeting to take action if it becomes clear a Tolling Agreement will not be signed by the July 27 deadline. Councilmember Kalmick asked for confirmation of the statement made by Appellant Counsel Strauss that if this situation was to go to court, AT&T could not ask for legal fee reimbursement in a settlement. City Attorney Gates replied he could not confirm that at this time. Appellant Counsel Strauss noted that a Tolling Agreement does not come without costs, and he doesn't think it is appropriate to just push this item down the road. The issues were presented in his letter of June 12, 2023, Planning Commissioners identified the same problems, and even offered to work with AT&T to review again alternate sites. Mayor Strickland stated Council's interest is to determine if it is possible to move this tower to a different location without exposing the City to litigation. City Attorney Gates clarified with Senior Planner Beckman that if another location is found, the approval process would start over because entitlements are site specific, but the new applicant and staff would be using the same premises, guidelines and findings as applied in this case. AT&T Representative Silverman stated he believes due diligence has been done by AT&T to locate an alternate location, and a Council decision to step back to that process is in his mind a denial of this project. He further stated there is no evidence the current plan violates any City or federal regulations; he has never had a previous situation where a city has helped AT&T find a project location, and it is unclear to him how that process would proceed. Councilmember McKeon stated Council is interested in proceeding with a Tolling Agreement which would allow more time for the City to provide resources and incentives to assist AT&T in finding another site, or potentially co-locate with an existing location. AT&T Representative Silverman stated that AT&T most likely would not sign a Tolling Agreement that includes the condition that another site must be found. He added that generally Tolling Agreements usually only address a time extension. Councilmember McKeon stated for the record that he will deny the project as presented because he believes AT&T has not sufficiently exhausted due diligence for selecting a location. Appellant Counsel Strauss shared his opinion that there are several questions to be asked: 1) Has AT&T considered all other wireless antennas within 1,000 feet of the proposed location, have they co- located where feasible? 2) Has AT&T demonstrated that the facility will not be detrimental to neighboring property values? He further stated his support for proceeding with a Tolling Agreement, and for the City to hire an expert to determine if those two overriding conditions have been met, as referenced in Paragraph A of the Wireless Communication Facility Ordinance which states that the City will require evidence from an expert in the field demonstrating the claimed gap in service and lack of feasible alternative sites. He further noted that the City has not consulted with an expert on these issues. Councilmember Kalmick confirmed with Senior Planner Beckman that there is no defined metric in the zoning ordinance to address how property values may be affected by a wireless facility. City Council PFA Regular Minutes Housing Authority Special Minutes July 18, 2023, Page 18 of 24 At 9:24 PM, Mayor Strickland announced a ten-minute recess at the request of Community Development Director Ursula Luna-Reynosa. Mayor Strickland reconvened the meeting at 9:34 PM, and asked Community Development Director Ursula Luna-Reynosa to proceed. She explained she believes there is a motion to uphold the appeal and deny the Conditional Use Permit (CUP), and noted that in order to deny, Council has to define which CUP finding cannot be met. Senior Planner Beckman read the three required findings. Councilmember Kalmick stated he cannot support a motion to deny as he did not see any evidence presented tonight that would support this decision in court. He agreed that the situation "feels" like it might negatively affect property values, but he sees no evidence it would do so. A motion was made by Kalmick to find the proposed project exempt from the California Environmental Quality Act pursuant to Section 15303 of the CEQA Guidelines; and approve Conditional Use Permit No. 23-006 with findings and conditions of approval (Attachment No. 1), as amended to add a nesting study. With no second, the motion failed. A motion was made by McKeon, second Van Der Mark to deny approval of CUP 23-006 with finding of denial found in Zoning Code Section 241.10 A. 3., "The proposed use will comply with the provisions of the base district and other applicable provisions in Titles 20 through 25 and any specific condition required for the proposed use in the district in which it would be located." The motion carried by the following roll call vote: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: Kalmick, Moser, and Bolton ADMINISTRATIVE ITEMS 18. 23-607 Adopted Resolution No. 2023-34 approving a Side Letter between the City of Huntington Beach and the City of Huntington Beach Management Employees’ Organization (MEO) Theresa St. Peter, Interim Human Resources Director, presented a PowerPoint communication titled Resolution 2023-34 Approving a Side Letter with the Management Employees' Organization with slides entitled: Overview; Fiscal Impact; City Council Options; and Questions? A motion was made by Strickland, second Kalmick to approve Resolution No. 2023-34, "A Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City and the Huntington Beach Management Employees' Organization (MEO) by Adopting the Side Letter of Agreement" and authorizing the Side Letter between the City of Huntington Beach and the Huntington Beach MEO retroactive to FY 2015-16. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 19. 23-580 Received and Filed Report on Future Development of 17642 Beach Blvd. City Council PFA Regular Minutes Housing Authority Special Minutes July 18, 2023, Page 19 of 24 Community Development Director Ursula Luna-Reynosa and Lieutenant/Manager, Police Department Community Outreach Bureau/Homeless and Behavioral Health Services Brian Smith presented a PowerPoint communication titled Future Development of 17642 Beach Blvd with slides entitled: Overview; History - Redevelopment; History - Dissolution; History - Housing Successor; Site Acquisition; Current Status; Development Concepts; Alternative Option; and Conclusion. Councilmember Burns and Development Director Luna-Reynosa discussed Tax Increment Financing (TIF), which no longer exists because the Redevelopment Agency was dissolved, and noted some of the tax increment financing that was formerly available continues to service those obligations. The discussion continued regarding who actually owns the properties developed by Jamboree Housing Corporation, which is an LLC set up by Jamboree, following the process which most developers use. Councilmember Burns stated he is trying to better understand how this system works, and explained he has trouble supporting programs that use taxpayer funds for low-income housing. Councilmember McKeon stated he feels the Healing Center is addressing issues that are the County's responsibility and the Be Well campuses in Irvine and Anaheim meet those needs. Therefore, he supports the Pathways Project which will continue to include the Navigation Center, ability to enforce anti-camping regulations, and will provide the most flexibility moving forward. Councilmember Moser stated her support for the Healing Center which she believes offers comprehensive options to address the needs of local residents experiencing homelessness, and also has the potential for funding from the County and CalAIM. She believes the Pathways Project is not as comprehensive. She expects that the Healing Center will result in better outcomes for transitioning people to stable housing from homelessness resulting in reduced long-term costs. She further stated her opinion that any investment in the Healing Center is actually an investment in the community and shows leadership in the fact that other communities are replicating what Huntington Beach has done. Councilmember Moser stated her support for looking to private industry to create opportunities to meet the needs where applicable. Councilmember Bolton stated her support of Councilmember Moser's comments for the Healing Center, and believes the Pathways Project is also a positive option. Councilmember Bolton and Lieutenant Smith discussed details involved in transporting an individual in need from Huntington Beach to an appropriate service provider. She noted that a "housing first" approach sometimes does not address the underlying issues, and the importance of addressing substance abuse and/or mental health underlying issues. Councilmember Kalmick stated support for the Healing Center option and acknowledged the County may bear the responsibility but unfortunately is not performing to meet the need. He believes the City needs to pick up the slack to assist the homeless population into becoming taxpaying members of society, and any program that presents options towards preventing increased criminal activity and people in prisons has his support. Councilmember McKeon clarified his previous statement and noted that Be Well has facilities in Anaheim and Irvine, works along with our Police Officers to address issues, build relationships with providers of supporting services such as sobering centers, and transitional supportive housing. He believes the Healing Center is duplicating Be Well's services, and supports the Pathways Project as providing the best option. Councilmember Burns shared his opinion that giving to the homeless and drug addicts, whether it be the County or the City, encourages those individuals to keep taking, and he doesn't think they should be a City Council PFA Regular Minutes Housing Authority Special Minutes July 18, 2023, Page 20 of 24 taxpayer burden. He believes people should be held accountable and be required to work for the assistance they receive. Councilmember Moser responded by encouraging all Councilmembers to read the recent evidence- based study on state-wide homeless issues which includes policy recommendations, and summarized this 94-page report. She offered to discuss this report further with Councilmember Burns to help him better understand that providing local services to support those struggling with housing needs, substance abuse or mental health issues will increase the well-being of the entire community. A motion was made by McKeon, second Strickland to receive and file this report; and provide direction to staff regarding future use of the Site (Pathways Project Development Concept). A substitute motion was made by Moser, second Kalmick to receive and file this report; and provide direction to staff regarding future use of the Site (Healing Center Development Concept). The substitute motion failed by the following roll call vote: AYES: Kalmick, Moser, and Bolton NOES: Van Der Mark, Strickland, McKeon, and Burns McKeon’s motion, seconded by Strickland to receive and file this report; and provide direction to staff regarding future use of the Site (Pathways Project Development Concept) carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 20. 23-584 Middle-Income Housing Program Update Community Development Director Ursula Luna-Reynosa, introduced Ben Barker, Financial Advisor, Community Municipal Finance Authority, and Jordan Moss, Founder, Catalyst, who assisted in presenting a PowerPoint communication titled Middle Income Housing Program Update, with slides entitled: January 2021 Strategic Planning Session; What is the Middle Income Housing Program?; Public Benefit Valuation; Opportunity to Create Public Equity; Partners; ELAN and Breakwater; Supply Crisis; Income Gap; Mass Exodus; "Missing Middle"; Essential Housing; Immediate Impact; Case Study - Breakwater (2); and Case Study - Elan (2) and Questions. Councilmember McKeon thanked everyone for the excellent presentation, and reiterated his interest in understanding why a previous City Council would give up $500,000+ in property tax each year for a total of 35 years which is a total of $21M without providing an opportunity for voter input. Councilmember McKeon confirmed with Community Development Director Luna-Reynosa that Catalyst provided the answers to Councilmember concerns. There was discussion on why only 10% of the 380 units at Breakwater have been renovated in two years; Councilmember McKeon's concern regarding expected condition of the properties at 35 years; capital reserves accumulation; common area renovations that have been completed at Breakwater; current updated conditions at newly constructed Elan should not require major renovation in the near future; property management to provide current percent of residents that meet middle-income local workforce resident qualifications, or preferred tenants; low turn-over rates; non-displacement clause in City Council PFA Regular Minutes Housing Authority Special Minutes July 18, 2023, Page 21 of 24 the regulatory agreement; property management fees for each project; and none of the Elan retail space is rented out and the challenges that exist for that location. Councilmember McKeon read excerpts from an article posted at Forbes.com, dated December 2, 2021, titled California Scheming to describe how Mr. Moss and Catalyst, among others, are getting rich off California's housing affordability crisis. Councilmember Kalmick suggested that at least some of the retail units at Elan could potentially be converted to residential units. He stated this is a public policy discussion on ways to provide affordable housing without having to build anything, as a compromise between those who don't want any new building and the City's ability to help keep people housed. He confirmed with staff that approximately 50 — 60 existing tenants meet residency qualifications. Councilmember Kalmick stated that certain types of bonds are floated by the state, as well as municipalities, without voter approval. As an example, he referenced the Pension Obligation Bonds which saves millions of dollars each year and took advantage of very low interest rates. He thanked everyone for this important update, and noted that renter restrictions ended in May and acknowledged it does take time for the eviction process when tenants are not paying their rent. Councilmember McKeon confirmed with City Attorney Gates that there are no legal ramifications for reporting profile or Census data, without any personal information, for residents of these two projects. Councilmember McKeon requested that local workforce audit data be produced for these two properties. Staff confirmed that the audit will include statistics for current residents and new tenants will be included moving forward. Councilmember Moser shared her understanding that the local workforce preference was intended for new tenants, and she stated her interest in understanding the process used for determining applicants meet the tenant qualifications. She noted that these properties were available for sale, and if Community Municipal Finance Authority and Catalyst had not been successful in purchasing them, the tenants could have been facing up to a 10% rental increase and new tenants may have faced a 20% rental increase. She reiterated Community Development Director Luna-Reynosa's comment that this was an opportunity to preserve or maintain existing rental rates. Councilmember Moser shared her opinion that the residents benefiting from maintained, or lowered, rental costs are spending those savings within Huntington Beach. Mayor Strickland allowed time for Mr. Moss, Founder of Catalyst, to respond to the excerpts read by Councilmember McKeon from the California Scheming article posted at Forbes.com. In summary, Mr. Moss stated the original article which the Forbes article was reporting on, was written based on bad information by someone with no background or experience in publicly offered deals, and consisted of pure speculations. Mayor Strickland confirmed that the information requested during this meeting's discussion could be included in the next quarterly update. A motion was made by Strickland, second Van Der Mark to receive and file. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns City Council PFA Regular Minutes Housing Authority Special Minutes July 18, 2023, Page 22 of 24 NOES: None At 11:00 PM, a motion was made by Strickland, second McKeon to continue the Council meeting beyond the hour of 11:00 PM. The motion passed with no objections. COUNCILMEMBER ITEMS 21. 23-622 Denied Item Submitted by Councilmember Bolton — Employee Recruitment and Retention Efforts Councilmember Bolton shared her interest in making the City attractive as an employer and belief we can't compete for employees on just dollars and cents. She stated her intent is to ask staff to research what types of "outside the box" incentives are offered by other municipalities. She stated that turnover is expensive, and during a time of qualified worker shortages, she is interested in ensuring Huntington Beach is as competitive as possible. A motion was made by Bolton, second Kalmick to request the City Manager and Human Resources Departments, with advice from the City Attorney's Office, to present the following information at the October 3, 2023 Study Session (or) Council Briefings/Memos: 1. An analysis of fiscal, legal, and operational impacts (both costs and benefits) of employee recruitment/retention benefits and other sign- on incentives; and 2. Recommended approach and options (if any) to achieving the goal, including the operational steps and timeline, staffing and fiscal resources, and community engagement required. The motion failed by the following roll call vote: AYES: Kalmick, Moser, and Bolton NOES: Van Der Mark, Strickland, McKeon, and Burns 22. 23-633 Approved Item Submitted by Mayor Pro Tem Van Der Mark and Councilmember McKeon — Proposed Charter Amendment — City of Huntington Beach Real Property — Property Tax Councilmember McKeon introduced this item by stating that the Finance Commission has determined that the scope of workforce housing real estate investments such as Elan and Breakwater are outside of the City's primary investment objectives. He stated Huntington Beach Treasurer's investment policies are: 1) to ensure compliance with all federal, state and local laws governing the investment of public funds under the control of the City Treasurer; 2) protect the principal monies entrusted to this office; and 3) to achieve a reasonable rate of return within the parameters of reasonable risk management while minimizing the potential for capital losses arising from market changes or issuer default. Councilmember McKeon noted in a recent memo the Finance Commission observed that elected and appointed public officials owe a fiduciary duty to their citizens with regards to the officials handling of public money. In accepting their fiduciary duty, the City Council accepts a legal commitment to act in the best interests of the citizens. The Finance Commission has concluded that real estate investments that require the City to forego property tax collection for any particular property does not represent the best interests of the citizens, nor does it show prudent money management or prudent risk management. Moreover, any foregoing of property tax is an expense, or burden, to the taxpayers. Councilmember McKeon noted this amendment proposal is in response to a Finance Commission request. City Council PFA Regular Minutes Housing Authority Special Minutes July 18, 2023, Page 23 of 24 Mayor Pro Tem Van Der Mark shared her opinion it is in the best interests of Huntington Beach taxpayers to allow the voters a voice in these decisions. Councilmember Kalmick shared his concern that some of the language in the item seems rather vague, asked what could happen if the Mahler Act is invoked, and asked for a definition of "investment" property. He stated his opinion that this proposed action would not prevent further actions like Elan or Breakwater because the City does not own anything, but rather Council signed a Joint Powers Authority, a third party issued the bonds, and there is a disposition agreement. He further stated this item could potentially run against the Surplus Land Act, as well as create a barrier to building affordable housing. Councilmember Kalmick stated that if the intent is to prevent another Community Municipal Finance Authority (CMFA) project, staff should be asked to prepare an ordinance for that. Councilmember Kalmick stated his support for Part 2 of this item. Councilmember Bolton shared her understanding that Huntington Beach invested $10M or $11M in anticipation of in the end getting back $345M or $250M which results in a Return on Investment (ROI) of 3,500% and 2,500%. She asked how this could be considered not in the best interests of the residents. Councilmember McKeon replied that it should be up to the voters to determine whether or not it is a good deal, rather than having just seven Councilmembers making the decision. Councilmember Bolton noted the amount of time required for decisions by the voters may not allow for time-sensitive decisions to be made through that process. Councilmember McKeon acknowledged Councilmember Kalmick's concerns and stated his confidence that the Charter Ad Hoc Committee will take them under consideration. City Manager Zelinka confirmed with Councilmember McKeon that staff should work with the City Attorney’s Office and Community Development Department and others as needed to identify any other potential exceptions. Mayor Strickland, as a member of the Charter Ad Hoc Committee, stated the importance of including review of potential pitfalls with the City Attorney’s Office. Councilmember Moser stated her support for Part 2 of this item, and shared her recommendation that an experienced municipal property attorney be utilized during the process. City Attorney Gates responded that whenever needed legal expertise is not available in his office they always reach outside for it. Councilmember Moser shared her opinion this item did not need to come forward as an H Item, and stated her support for Councilmember Bolton's assertion that in some situations Councilmember nimbleness is required as Councilmembers were elected to make these kinds of decisions, and there are times when the nearly $1M special election costs are not justified. Mayor Strickland clarified for the record that this item, if approved, could change how future transactions like the Elan and Breakwater projects are handled, not because those projects were City real property transactions but because they required the City to forgo regularly collected property taxes. He also confirmed that clarification will be included to address Councilmember confusion. City Council PFA Regular Minutes Housing Authority Special Minutes July 18, 2023, Page 24 of 24 A motion was made by McKeon, second Strickland to consider proposing an amendment to the City Charter that would restrict City Councils from engaging in real property transactions that would require the City of Huntington Beach to forgo regularly collected property taxes on investment property, unless those purchases are approved by the voters of the City of Huntington Beach. Exceptions to this rule would/may include real property transactions that are important for acquisition of private property for infrastructure. Request the Charter Review Ad Hoc Committee propose parameters, language, and timing of the Charter amendment measure for Council consideration. The motion carried by the following roll call vote: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: Kalmick, Moser, and Bolton A motion was made by McKeon, second Kalmick to direct the City Manager to come back with a system for the City to have a Real Property Leasing, Purchasing, and Disposition Policy and a centralized Real Property function. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None ADJOURNMENT — 11:52 PM a motion was made by McKeon, second by Van Der Mark to adjourn to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Tuesday, August 1, 2023, 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 2000 Main Street, Huntington Beach, CA 92648 File #:23-663 MEETING DATE:8/1/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Robin Estanislau, CMC, City Clerk VIA:Robin Estanislau, CMC, City Clerk Subject: July Update of Activities for Citizen Boards, Commissions, Committees (BCCs) and Regional Agencies Statement of Issue: A monthly reporting structure has been implemented to keep the City Council, City staff and members of the public informed of activities conducted by citizen boards, commissions, committees, and Council committees, including community groups/independent City-affiliated boards and other community, regional or state level committees. Financial Impact: None. Recommended Action: Receive and File. Alternative Action(s): Not applicable. Analysis: The City operates nearly 40 Citizen and Council-led Boards, Commissions and Committees (BCCs) with City Council representatives participating in several Regional Agency meetings to discuss important City topics ranging from infrastructure to development. To ensure that our community is able to stay informed of each BCC’s major discussions and votes, in addition to promoting the highest level of transparency, staff has prepared a high-level report of their activities for July 2023 and will continue to do so every month thereafter. Furthermore, this high-level report was developed in response to direction received at the December 20, 2022 City Council Meeting to find a manageable way to publicly present a brief written report on all BCC and Regional Agency meeting activities. To obtain greater details, individuals are directed to the meeting minutes, which are linked in the Activity Report. The City Clerk gathers these updates from an internal spreadsheet that is completed by BCC staff City of Huntington Beach Printed on 7/26/2023Page 1 of 2 powered by Legistar™ File #:23-663 MEETING DATE:8/1/2023 liaisons and compiles them into the attached Activity Report that will be routinely agendized for the first regular Council meeting of each month under “Consent” as an informational item only. Council action is not required. Environmental Status: Not applicable. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1.July 2023 BCC / Regional Agency Activity Report City of Huntington Beach Printed on 7/26/2023Page 2 of 2 powered by Legistar™ 1 JULY 2023 ACTIVITY REPORT FOR REGIONAL AGENCIES AND CITY BOARDS, COMMITTEES, AND COMMISSIONS (BCC) July 3-7, 2023 Updates / Actions Fourth of July Executive Board 1st Wed., Monthly, 6:00 PM City Hall Lower Level Meeting Room B8 Meeting Date: 7/5/2023 Summary of Action or Discussion: Meeting cancelled due to lack of quorum Zoning Administrator 1st and 3rd Wednesday, Monthly, 1:30 p.m. City Hall Lower Level Council Chambers Department: Community Development" Meeting Date: 7/5/2023 Link to Meeting Details Summary of Action or Discussion: CUP 23-010 (Whip Dessert and Cafe) - Approved CUP 22-041 (602 9th St) - Approved CUP 23-003 (521 12th St) - Approved Huntington Beach Council On Aging 1st Thurs., Monthly, 9:00 AM Senior Center (EMG, Room 1) Department: Community & Library Services Meeting date: 7/6/2023 Link to Meeting Details Summary of Action or Discussion: The general meeting was cancelled and the board held a social mixer at 25 Degrees Restaurant. Announcement of Mary DeGuell as a board officer, and the new assistant recording secretary. July 10-14, 2023 Updates / Actions Planning Commission 2nd and 4th Tuesday, Monthly, 6:00 p.m. City Hall Lower Level Council Chambers Department: Community Development Meeting Date: 7/11/2023 Summary of Action or Discussion: ADMINISTRATIVE PERMIT NO. 22-016 (Legacy Living LLC Sober Living Reasonable Accommodation) was denied by a 6- 0 vote. ADMINISTRATIVE PERMIT NO. 22-015 (Legacy Living LLC Sober Living Reasonable Accommodation) was denied by a 6- 0 vote. Human Relations Committee 2nd Tues. Monthly, 6:45 p.m. City Hall Lower Level, B-7 Department: City Manager's Office Meeting Date: 7/11/2023 Link to Meeting Details Summary of Action or Discussion: HBPD Sgt. Pham reported that there were six hate crimes/incidents since the May meeting, including Anti-Semitic flyers distributed in several HB neighborhoods. Council Liaisons were present and current; I I 2 JULY 2023 ACTIVITY REPORT FOR REGIONAL AGENCIES AND CITY BOARDS, COMMITTEES, AND COMMISSIONS (BCC) Council's efforts to streamline all Boards, Commissions, and Committees, were shared. The HRC's 2023-Q3 Calendar of Events was approved and will be posted on the City's HRC website. The HRC members also discussed an opportunity to (re)establish relationships with schools and youth to understand their needs and issues (e.g. Education Night). The Ralph Bauer Youth Voices Essay and Art Contest is underway and the HRC secured donation for scholarship awards. Community & Library Services Commission 2nd Wed., Monthly 6:00 PM City Hall Council Chambers Department: Community & Library Services Meeting Date: July 12, 2023 Link to Meeting Details Summary of Action or Discussion: Administrative items included the tabling of the Oak View Library & Community Center master plan to the August meeting in order to provide staff with more time to gather information requested from the Commission. The Marina Park Redevelopment Project was presented for approval. Commission approved as submitted with the following amendments: the plan should include eight (8) handball/racquetball courts instead of the proposed six (6) courts and include at least one (1) pickle ball court. CIP projects included Carr Park. There will be a public information meeting held at Harbor View Clubhouse on July 20, 2023. California Fish & Wildlife will attend. Event updates included the re-opening of Pattinson Park Playground, the ribbon cutting for the Secret Garden Entry Arch, and the re- opening of Adventure Playground after a 3-year hiatus. Huntington Beach Downtown Business Improvement District 2nd Thursday, 1:00 PM, Main Street Library Department: Community Development Meeting Date: 7/13/2023 Link to Meeting Details Summary of Action or Discussion: City staff provided a recap of July 4th festivities as well as an update on the U.S. Open of Surfing and Surfing Walk of Fame. Reviewed Placer reports describing visitor traffic to downtown. Committee representatives provided updates on marketing, stakeholder relations, and nominations. Approved budgets for Surf City Days and FY 2023-24, as well as the proposed improvements and activities for the upcoming year. I I 3 JULY 2023 ACTIVITY REPORT FOR REGIONAL AGENCIES AND CITY BOARDS, COMMITTEES, AND COMMISSIONS (BCC) July 17-21, 2023 Updates / Actions Homeless Task Force 3rd Wednesday, 3:00 PM, City Hall Lower Level, B-7 Department: Police Meeting Date: 7/19/23 Summary of Action or Discussion: City staff provided a quarterly review of Homeless Task Force's activities and efforts to engage the business community. Zoning Administrator 1st and 3rd Wednesday, Monthly, 1:30 p.m. City Hall Lower Level Council Chambers Department: Community Development Meeting Date: 7/19/2023 Link to Meeting Details Summary of Action or Discussion: CUP 23-005 (Roux Seafood Kitchen Beer and Wine) - Approved EPA 23-002 (Beal's Texas BBQ Live Entertainment - Approved I I City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-630 MEETING DATE:8/1/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Ursula Luna-Reynosa, Director of Community Development PREPARED BY:Jimmy Hoang, Code Enforcement Supervisor Subject: Adopt Resolution 2023-35 Confirming Cost Report for Weed Abatement on Private Parcels within the City for the 2023 Season Statement of Issue: Following the process outlined in the Huntington Beach Municipal Code (HBMC), the City identified certain properties with weeds and rubbish as a nuisance, noticed and held a public hearing allowing those property owners to protest and object, and noticed each property owner by posting a notice on the subject properties and mailing letters to the legal owners of record. The notices advised each property owner that they had a date certain to remove such rubbish and debris and failure to do so would cause the City to remove the nuisance and charge for the work. A total of fifteen (15) private properties failed to comply by the prescribed date of May 23, 2023. As provided in HMBC Section 8.16, following the abatement of weeds from private vacant parcels not cleared by the owner, a cost report of the actual costs incurred for the abatement of weeds on private properties shall be submitted to the City Council. This report is herein provided as Attachment 2 . Financial Impact: A one-time special assessment totaling $9,502.16 will be charged to the Orange County property tax roll and reimbursed to the City’s General Fund by the County of Orange as part of the ordinary collection process. The expenses were paid out of General Fund Account No. 10060301.69505, Weed Abatement Contracts for Repairs and Maintenance, in Fiscal Year 2022-23. Recommended Action: A) Adopt Resolution 2023-35 “A Resolution of the City Council of the City of Huntington Beach Confirming the Report of the Public Works Director Regarding the Cost for Weed Abatement on Private Property Within the City for the 2023 Season;” and, B) Direct that all charges listed thereon be certified to the Orange County 2023/24 Property Tax Roll . City of Huntington Beach Printed on 7/26/2023Page 1 of 2 powered by Legistar™ File #:23-630 MEETING DATE:8/1/2023 Alternative Action(s): Do not approve the resolution and forego reimbursement to the City for the cost for weed abatement services performed on 15 properties. Analysis: Chapter 8.16, Weed Abatement, of the Huntington Beach Municipal Code includes a provision for the removal of weeds on private property. In accordance with Section 8.16.010, Removal Required, "all persons owning any real property in the City are required to keep their property free from weeds … or other flammable materials that endanger the public safety by creating a fire hazard." If a property owner does not remove the weeds or flammable materials by a prescribed time, the City Council may order the Director of Public Works to do the work at the expense of the property owner. On April 4, 2023, the City Council adopted Resolution No. 2023-12 that declared weeds and rubbish a nuisance on specific private properties. A public hearing was scheduled on May 2, 2023 for protests and objections to the abatement thereof pursuant to Huntington Beach Municipal Code (HBMC) Section 8.16.060. The Public Hearing was held and no protests or objections were received. Following the Public Hearing, and in accordance with HBMC Section 8.16.040, proper notices to remove weeds were conspicuously posted on or in front of all properties on which the nuisance existed. Letters were also mailed to the legal owners of record, advising all such persons to keep said properties free of weeds, as required under HBMC Section 8.16.010, or the City would remove such weeds and charge for the cost of the work. HBMC Section 8.16.080 authorizes an abatement lien to collect the costs associated with the abatement through the regular property tax bill. Pursuant to City Council direction on May 2, 2023, the City has cleared 15 such properties. The cost of the work totals $9,502.16 as reported in the 2023 Weed Abatement Cost Report (Attachment 2). In accordance with Government Code Section 39575, these costs must be posted for public review prior to City Council approval. The costs were posted on the City Council Chamber bulletin board on Friday, July 21, 2023. Staff recommends confirmation and approval of the 2023 Weed Abatement Cost Report and authorization to secure property tax liens for all charges listed thereon. Environmental Status: The removal of weeds, refuse, and rubbish from undeveloped private properties is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(h), which exempts the maintenance of existing landscaping and native growth. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1.Resolution No. 2023-35 “A Resolution of the City Council of the City of Huntington Beach Confirming the Report of the Public Works Director Regarding the Cost for Weed Abatement on Private Property Within the City for the 2023 Season” 2.2023 Weed Abatement Cost Report City of Huntington Beach Printed on 7/26/2023Page 2 of 2 powered by Legistar™ RESOLUTION NO. 2023-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CONFIRMING THE REPORT OF THE PUBLIC WORKS DIRECTOR REGARDING THE COST FOR WEED ABATEMENT ON PRIVATE PROPERTY WITHIN THE CITY FOR THE 2023 SEASON WHEREAS, the Director of Public Works has posted his itemized written report showing the cost of removal of weeds from private party lots within the City of Huntington Beach, together with a notice of time of submission of said report, pursuant to Government Code Section 39575; and The time for receiving and considering said report and hearing any objections of the prope1ty owners liable to be assessed for the abatement of said weeds was duly fixed for August 1, 2023, before this Council, · NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. That the report of the Director of Public Works regarding the cost for weed abatement on private property within the City, a copy of which is attached hereto as Exhibit "A," and incorporated by this reference as though fully set forth herein, is hereby confirmed and approved. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 1st day of August, 2023. REVIEWED AND APPROVED: City Manager Clv( 23-13090/314292 APN Location . 023-124-04 S/SIDE 20TH BTW PECAN & ORANGE 023-124-31 S/SIDE 20TH @ PECAN 023-156-14 N/SIDE 17TH BTW OLIVE & ORANGE 024-144-10 3RD ST, BTW OLIVE AND ORANGE 111-074-02 NE CORNER GARFIELD & GOTHARD 142-172-01 S/SIDE HEIL@ BEACH 146-311-17 NW CORNER WARNER AND LARK 167-311-02 E/SIDE BEACH BTW HOLLAND & BLAYLOCK 167-321-10 W/SIDE "B" St. N/OF BLAYLOCK 167-325-19 E/SIDE BEACH BTW HOLLAND & BLAYLOCK 167-325-20 E/SIDE BEACH BTW HOLLAND & BLAYLOCK 167-325-21 E/SIDE BEACH BTW HOLLAND & BLAYLOCK 178-161-35 N/S HEIL E/OF LE GRANDE 178-411-19 END OF MALDEN CIRCLE 178-532-78 END OF PARK AVE@ PCH -SUNSET BEACH TOTAL PARCELS CLEARED= 15 Contractor Clearing 2023 PRIVATE PARCELS Size Sq Feet Clearing Cost 50X117.5 5 ,875 158.63 25X117.5 2,938 79.33 117.5X25 2 ,938 79.33 117.5x 75 8 ,812 237.92 ODD 362,870 771.39 ODD 7 ,600 205.20 120 X 177 21 ,240 573.48 264 X 174 45 ,936 1010.59 45 X 116 5 ,220 140.94 95 X 100 9 ,500 256.50 100 X 103 10,300 278.10 30 X 198 5,940 160.38 131 X 120 15,720 424.44 ODD 9 ,000 243.00 ODD 4,738 127.93 Hauling Cost CITYADMIN .<% Total .. " •iii' 0.00 272.00 430.63 225 .00 272.00 576.33 90.00 272.00 441.33 90.00 272.00 599 .92 45.00 272 .00 1088.39 0 .00 272 .00 477 .20 0.00 272.00 845.48 0 .00 272 .00 1282.59 0.00 272.00 412.94 45.00 272.00 573.50 90.00 272.00 640.10 0.00 272 .00 432.38 0.00 272.00 696.44 45.00 272.00 560.00 45.00 272.00 444.93 TOTAL COST $9 ,502.16 ;? APN . ; ... <},.; Loca~ioh '' ' J;;y,,S .i ..• ,. ·; 023-124-04 S/SIDE 20TH BTW PECAN & ORANGE 023-124-31 S/SIDE 20TH @ PECAN 023-156-14 N/SIDE 17TH BTW OLIVE & ORANGE 024-144-10 3RD ST, BTW OLIVE AND ORANGE 111-074-02 NE CORNER GARFIELD & GOTHARD 142-172-01 S/SIDE HEIL @ BEACH 146-311-17 NW CORNER WARNER AND LARK 167-311-02 E/SIDE BEACH BTW HOLLAND & BLAYLOCK 167-321-10 W/SIDE "B" St. N/OF BLAYLOCK 167-325-19 E/SIDE BEACH BTW HOLLAND & BLAYLOCK 167-325-20 E/SIDE BEACH BTW HOLLAND & BLAYLOCK 167-325-21 E/SIDE BEACH BTW HOLLAND & BLAYLOCK 178-161-35 N/S HEIL E/OF LE GRANDE 178-411-19 END OF MALDEN CIRCLE 178-532-78 END OF PARK AVE@ PCH -SUNSET BEACH TOTAL PARCELS CLEARED= 15 Contractor Clearing 2023 PRIVATE PARCELS ••. ·size ... ••. Stj Feet ., , Clearing Cost? 50X117.5 5 ,875 158.63 25X 117.5 2,938 79.33 117.5X25 2 ,938 79 .33 117.5x75 8 ,812 237 .92 ODD 362 ,870 771 .39 ODD 7,600 205.20 120 X 177 21 ,240 573.48 264 X 174 45 ,936 1-010 .59 45 X 116 5 ,220 140.94 95 X 100 9 ,500 256.50 100 X 103 10,300 278 .10 30 X 198 5,940 160.38 131 X 120 15,720 424.44 ODD 9 ,000 243.00 ODD 4 ,738 127.93 "tia:1.111119· Cost '' CITYADMIN ··• ><', ·Tota1 . 0.00 272 .00 430.63 225.00 272 .00 576.33 90 .00 272.00 441 .33 90.00 272 .00 599.92 45.00 272 .00 1088.39 0.00 272 .00 477.20 0.00 272.00 845.48 0.00 272.00 1282.59 0 .00 272.00 412.94 45.00 272 .00 573.50 ·90 .00 272.00 640.10 0 .00 272 .00 432.38 0.00 272 .00 696.44 45 .00 272 .00 560.00 45.00 272.00 444 .93 TOTAL COST $9 ,502 .16 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-631 MEETING DATE:8/1/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Ashley Wysocki, Director of Community & Library Services PREPARED BY:Ashley Wysocki, Director of Community & Library Services Subject: Approve the Non-Exclusive License Agreement between the City of Huntington Beach and Children’s Bureau of Southern California for the Operation of the Oak View Center Statement of Issue: The Non-Exclusive License Agreement with the Children’s Bureau of Southern California to operate the Oak View Center expired on June 30, 2023, and there is a need to renew the contract to continue operation without interruption. Financial Impact: Not applicable. Recommended Action: Approve and authorize the Mayor and the City Clerk to execute the non-exclusive license agreement between the City of Huntington Beach and Children’s Bureau of Southern California for the continued operation of the Oak View Center. Alternative Action(s): Do not approve and provide alternate direction to staff, including the negotiation of alternate terms and conditions with the Children’s Bureau or negotiating an agreement with another non-profit agency to operate the Center. Analysis: In 2003, City Council approved a Non-Exclusive License Agreement for operation of the Oak View Center (Center) by the Children’s Bureau of Southern California (Children’s Bureau). For the past twenty years, Children’s Bureau has successfully operated the Center. With City Council approval of this Non-Exclusive License Agreement (Attachment 1), Children’s Bureau will continue to operate the Center with a three-year term beginning July 1, 2023 through June 30, 2026. The agreement will automatically renew, unless either party provides notice, for one additional three-year term from July City of Huntington Beach Printed on 7/26/2023Page 1 of 3 powered by Legistar™ File #:23-631 MEETING DATE:8/1/2023 1, 2026 through June 30, 2029. The Children’s Bureau is a 501(c)(3) non-profit agency whose mission is to provide children and family services both directly and through collaboration with other non-profit and governmental agencies. Since beginning operation in 2003, the Center has been providing family and human services, as well as recreational activities for the Oak View and surrounding community. Children’s Bureau collaborates with nine to fifteen organizations daily to provide a myriad of services to Huntington Beach’s underserved and vulnerable populations. Approximately 9,500 individuals and 200 families received services in fiscal year 2022/2023, including family counseling, domestic violence intervention, life skills seminars, family support services weekly food distributions and information and referrals to resources. An additional 100 children are served daily during the afterschool and summer day camp programs. The basic terms and conditions of the Children’s Bureau’s responsibilities are outlined in Section 4 of the agreement and are substantively the same as in the previous agreement. Responsibilities include obtaining any governmental licenses, permits and approvals required to operate a community center; providing fully qualified staff and instructors for a community center program; providing equipment, supplies and materials; notifying the City of any lawsuits, citations or claims; providing an after school, drop-in, recreation program Monday - Friday from 2 p.m. - 5 p.m.; providing a family resource center offering youth/teen programs, counseling services, and parent education classes; providing distribution of commodities to the community upon availability; attending regularly scheduled Oak View community meetings; coordinating with Oak View Elementary School for the use of the premises for awards, arts programs and parent presentations; providing use of the premises free of charge for the Adult Literacy Program in coordination with the Oak View Branch Library; providing the premises free of charge to Ocean View High School for monthly student and parent meetings; and providing recreation and social activities. Section 5 of the agreement outlines the City’s responsibilities, including providing adequate funding for the provision of programs referenced above; assisting in obtaining Community Development Block Grant (CDBG) funding (in FY 2023/2024 Children’s Bureau was approved for $85,000); installing modifications to office, voice or data equipment; continuing maintenance of the interior and exterior of the Center and Children’s Bureau, including landscaping; continuing maintenance of outdoor facilities, including the play equipment, skateboard park and athletic fields. Additionally, the Community & Library Services Department shall continue providing oversight of the Children’s Bureau programs. The agreement contains the standard cancellation language that allows the Children’s Bureau to cancel the agreement with 30-day notice if anticipated federal or state funding is unsuitable or not available to implement the agreement. The City may also cancel the agreement with 30-day notice at its discretion. The Children’s Bureau has provided the required insurance and documentation of 501 (c)(3) non-profit status. The agreement has fostered a good working relationship between the two agencies, with the City overseeing the Oak View community meetings. Staff is recommending City Council approve the agreement so that services can continue within the Oak View and surrounding neighborhood. City of Huntington Beach Printed on 7/26/2023Page 2 of 3 powered by Legistar™ File #:23-631 MEETING DATE:8/1/2023 Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: Community Engagement Attachment(s): 1.Non-Exclusive License Agreement between the City of Huntington Beach and Children’s Bureau of Southern California. City of Huntington Beach Printed on 7/26/2023Page 3 of 3 powered by Legistar™ NON-EXCLUSIVE LICENSE AGREEMENT BETWEEN THE CITYOFHUNTINGTONBEACHAND CHILDREN'S BUREAU OF SOUTHERN CALIFORNIA THIS NON-EXCLUSIVE LICENSE AGREEMENT (the "Agreement") is made and entered into by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ("Licensor"), and CHILDREN'S BUREAU OF SOUTHERN CALIFORNIA, a California nonprofit corporation ("Licensee"). WHEREAS, Licensee represents and warrants that it 1s a California nonprofit corporation that wishes to operate programs and activities in recreation and human services at the Oak View Community Center, and that there are no lawsuits or claims against it or any of its employees, agents or volunteers, for negligence, violations of law or misconduct; and Licensee desires to use Licensor's real property located at 17261 Oak Lane, m Huntington Beach, for recreation and human services programs; and Licensor has relied on Licensee's above representation and warranties as a basis for entering into this Agreement and on that basis desires to allow such use. NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. PREMISES AND PERMISSION TO USE Licensor owns the real property located at 17261 Oak Lane, Huntington Beach, California, known as the Oak View Community Center, whose legal description is set forth in Exhibit "A" and whose location is depicted in the map provided in Exhibit "B" (the "Premises"), which are attached hereto and fully incorporated herein. Licensor grants to Licensee a non- exclusive license to provide and operate a community center program on the Premises. The non- exclusive license granted herein is conditioned on Licensee operating the community center 23-12915/310609 1 program discussed herein, and does not require Licensee to make the premises available for non- community center programs as outlined in Section 4. The right and permission of Licensee is subordinate to the prior and paramount right of Licensor to use the Premises for public purposes to which it is now and may, at the option of Licensor, be devoted. Licensee undertakes and agrees to use the Premises and to exercise this license at all times in such manner as will not unreasonably interfere with the full use and enjoyment of the Premises by Licensor. Licensee hereby acknowledges title to the Premises is vested in Licensor and agrees never to assail or resist the same, and further agrees that Licensee's use and occupancy of the Premises shall be referable solely to the permission herein given. Licensee agrees to obtain prior written approval from Licensor before any alteration or expansion of the Premises. 2. SUPERSEDING OF PRIOR AGREEMENT This Agreement shall supersede and replace any existing agreement(s) for the Premises currently entered into by and between the parties and all supplemental agreement(s) entered into by and between the parties regarding the existing agreement(s). 3. CONTRACT ADMINISTRATOR Licensor's Director of Community & Library Services, or his/her designee, shall be the Licensor's Contract Administrator for this Agreement with the authority to act on behalf of Licensor for the purposes of this Agreement, and all approvals and notices required to be given herein shall be so directed and addressed. 4. LICENSEE'S RESPONSIBILITIES FOR OPERATING A COMMUNITY CENTER PROGRAM Licensee shall do all of the following: 23-12915/310609 2 (a) Obtain and maintain any governmental licenses, permits and approvals required to enable Licensee to operate a community center program on the Premises; (b) Provide fully qualified staff and instructors for a community center program in accordance with any applicable governmental requirements; ( c) Provide any equipment, supplies and materials required to operate the community center program; ( d) Immediately notify Licensor in writing of any lawsuits, citations or claims against Licensee or any of its employees, agents or volunteers for negligence, violations of law or misconduct; (e) Provide an after school, drop-in, recreation program during the following times: 2:00 p.m. -5:00 p.m. Monday through Friday; (f) Provide a family resource center, which should offer youth and teen programs, counseling services and parent education classes; (g) Upon the availability of commodities, provide the distribution of such commodities to the community; (h) Attend regularly scheduled Oak View community meetings, as applicable; (i) Coordinate with Oak View Elementary School for the use of the Premises for awards, arts programs and parent presentations, as needed; (i) Provide the use of the Premises free of charge for the Adult Literacy Program in coordination with the Oak View Branch Library; (k) Provide the Premises free of charge to Ocean View High School for monthly student and parent meetings; 23-12915/310609 3 (1) Provide recreation and social activities, as necessary, to meet community needs in the Oak View area, subject to Licensee's ability to obtain liability insurance for such activities at commercially reasonable rates; and (m) Obtain Licensor's written approval for any material modifications or changes to Sections 4(a) through (n) above. Licensee's obligation to provide the above-referenced services 1s contingent upon Licensee receiving adequate funding from Licensor for operating programs at the Oak View Community Center which are mutually agreed to by the parties to this Agreement. Notwithstanding the foregoing, Licensor is under no obligation to provide any additional funding to Licensee should Licensor, in its sole discretion, choose not to do so. 5. LICENSOR'S RESPONSIBILITIES Licensor shall be responsible for providing to Licensee the Premises for Licensee to provide all services required in Section 4 herein. In addition, Licensor shall act on behalf of Licensee to obtain CDBG funding for Licensee's programs as stated in Section 4 herein. Licensor shall provide the exterior and interior building and grounds maintenance as outlined in Section 19 herein. Licensor shall be responsible for all maintenance of outdoor facilities at the Premises, including the play equipment, skateboard park and athletic fields. Licensor shall provide oversight of Licensee's programs through the Licensor's Community & Library Services Department. 6. LICENSE FEE Licensee shall pay Licensor One Dollar ($1.00) per year for use of the Premises (the "License Fee"). 23-12915/310609 4 7. TIME OF ESSENCE Time shall be the essence of this Agreement and each and all of its terms, covenants or conditions in which performance is a factor. 8. TERM This Agreement shall commence at 12:01 a.m. on July 1, 2023 and shall expire at 11 :59 p.m. on June 30, 2026, unless sooner terminated or extended, as provided for herein. This Agreement shall automatically renew on July 1, 2026 for one additional three-year term to expire at 11 :59 p.m. on June 30, 2029, unless either party, by December 31, 2025, gives the other party written notice of its intent not to renew for the additional term. 9. NON-POSSESSORY INTEREST Licensor retains full possession of the Premises and any improvements or personal property owned by Licensor on the Premises. Licensee will not acquire any interest in the Premises, improvements or property, either temporary, permanent, irrevocable, possessory or otherwise, by reason of this Agreement or by the exercise of the permission given herein. Licensee shall make no claim to any such interest. Any violation of this provision by Licensee will immediately void and terminate this Agreement. 10. NON-RECORDING Licensee shall not record this Agreement. 11. INDEMNIFICATION, DEFENSE AND HOLD HARMLESS AGREEMENT Licensee hereby agrees to protect, defend, indemnify and hold harmless Licensor, 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 (including arbitration) of every nature or liability 23-12915/310609 5 of any kind or nature) arising out of or in connection with (1) the use or occupancy of the Premises by Licensee, its officers, employees or agents, or (2) the death or injury of any person or the damage to property caused by any act or omission of Licensee, its officers, employees or agents, or (3) Licensee's (or Licensee's agents and/or sublicensee, if any) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by Licensee, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of Licensor. Licensee will conduct all defense at its sole cost and expense and Licensor shall approve selection of Licensee's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by Licensee. 12. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE Licensee acknowledges awareness of Section 3700 et seq. of the California Labor Code, which requires every employer to be insured against liability for workers' compensation. Licensee covenants that it shall comply with such provisions prior to the commencement of this Agreement. Licensee shall obtain and furnish to Licensor workers' compensation and employers' liability insurance in amounts not less than the State statutory limits. Licensee shall require all its sublicensees and contractors· to provide such workers' compensation and employers' liability insurance for all of the sublicensees' and contractors' employees. Licensee shall furnish to Licensor a certificate of waiver of subrogation under the terms of the workers' compensation and employers' liability insurance and Licensee shall similarly require all sublicenses and contractors to waive subrogation. 23-12915/310609 6 13. GENERAL PUBLIC LIABILITY INSURANCE In addition to the workers' compensation and employers' liability insurance and Licensee's covenant to defend, hold harmless and indemnify Licensor, Licensee shall obtain and furnish to Licensor, a policy of general public liability insurance, including motor vehicle coverage against any and all claims arising out of or in connection with the Premises. This policy shall indemnify Licensee, its officers, employees and agents, while acting within the scope of their duties, against any and all claims arising out of or in connection with the Premises, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000.00) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000.00) for the Premises. This policy shall name Licensor, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Agreement shall be deemed excess coverage and that Licensee's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self-insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 14. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencement of this Agreement, Licensee shall furnish to Licensor certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; these certificates shall: 23-12915/310609 7 (a) provide the name and policy number of each carrier and policy; (b) shall state that the policy is currently in force; and ( c) shall promise to provide that such policies shall not be canceled or modified without thirty (30) days' prior written notice of Licensor; however ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. Licensee shall maintain the foregoing insurance coverages in force during the entire term of the Agreement or any renewals or extensions thereof or during any holdover period. The requirement for carrying the foregoing insurance coverages shall not derogate from Licensee's defense, hold harmless and indemnification obligations as set forth in this Agreement. Licensor or its representatives shall at all times have the right to demand the original or a copy of any or all the policies of insurance. Licensee shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 15. INSURANCE HAZARDS Licensee shall not commit or permit the commission of any acts on the Premises nor use or permit the use of the Premises in any manner that will increase the existing rates for, or cause the cancellation of any liability, property, or other insurance policy for the Premises or required by this Agreement. Licensee shall, at its sole cost and expense, comply with all requirements of any insurance earner providing any insurance policy for the Premises or required by this Agreement necessary for the continued maintenance of these policies at reasonable rates. 16. HAZARDOUS SUBSTANCES Licensee represents and warrants that its use or occupation of the Premises shall not generate any Hazardous Substance (as defined below in this Section), and it shall not store or dispose on the Premises nor transport to or over the Premises any Hazardous Substance during 23-12915/310609 8 the entire term of this Agreement or any renewals or extensions thereof or during any holdover period. The foregoing restrictions shall not be deemed to restrict or prohibit the use by Licensee of ordinary cleaning products as customarily used in Licensee's ordinary course of business at the Premises, provided that Licensee complies with all provisions of law as to the use, storage and disposal of such products. Licensee further agrees to clean up and remediate any such Hazardous Substance resulting from or caused by Licensee's or any of its agent's use of the Premises and/or the performance of this Agreement by Licensee or any of its agents. Licensee further agrees to protect, defend, indemnify and hold harmless Licensor, 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 (including arbitration) of every nature or liability of any kind or nature) arising out of or in connection with any such Hazardous Substance and any damage, loss, or expense or liability resulting from any such Hazardous Substance including, without limitation, all attorney's fees, costs and penalties incurred as a result thereof except any release caused by the sole negligence or willful misconduct of Licensor. Licensee will conduct all defense at its sole cost and expense and Licensor shall approve selection of Licensee's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by Licensee. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as a hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term, by any Federal, State or local environmental law, regulation or rule presently in effect or promulgated in the future, as such law, regulation or rule may be amended from time to time; and it shall be 23-12915/310609 9 interpreted to include, without limitation, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 17. NONDISCRIMINATION Licensee and its employees shall not discriminate because of race, religion, color, ancestry, sex, age, national origin or physical handicap against any person by refusing to furnish such person any accommodation, facility, rental, service or privilege offered to or enjoyed by the general public. Nor shall Licensee or its employees publicize the accommodation, facilities, rentals, services or privileges in any manner that would directly or inferentially reflect upon or question the acceptability of the patronage of any person because of race, religion, color, ancestry, sex, age, national origin or physical handicap. In the performance of this Agreement, Licensee shall not discriminate against any employee or applicant for employment, because of race, religion, color, ancestry, sex, age, national origin or physical handicap. Licensee shall take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to their race, religion, color, ancestry, sex, age, national origin or physical handicap. Such action shall include, without limitation, the following: employment, upgrading, demotion or transfer recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including, without limitation, apprenticeship. Licensee shall post in conspicuous places, available to all employees and applicants for employment, notices setting forth the provisions of this Section. Licensee shall permit access to its records of employment, employment advertisements, application forms, and other pertinent data and records by Licensor, the State Fair Employment Practices Commission or any other agency with jurisdiction over these matters, for the purpose 23-12915/310609 of investigation to ascertain compliance with this Section. Licensor may determine a violation of this Section to have occurred upon receipt of a final judgment having that effect from a court in an action to which Licensee was a party, or upon receipt of a written notice from the State Fair Employment Practices Commission or other government agency with jurisdiction over these matters that it has investigated and determined that Licensee has violated the Fair Employment Practices Act or other applicable discrimination law and has issued an order which has become final, or obtained an injunction. In the event of violation of this Section, Licensor shall have the right to terminate this Agreement, and any loss of revenue sustained by Licensor by reason thereof shall be borne and paid for by Licensee, at Licensee's sole cost and expense. 18. RELOCATION AND ASSISTANCE In the event this Agreement is terminated for any legal reason by Licensor, Licensee shall not be entitled to any relocation rights or benefits and expressly waives such benefits and rights under local, State or Federal relocation assistance plans. 19. CARE OF PREMISES 23-12915/310609 Licensor shall do all of the following: (a) Licensor shall be solely responsible for all exterior maintenance including landscaping; and (b) Licensor shall be solely responsible for non-custodial interior maintenance excluding modifications made to any office, voice or data equipment to accommodate the Children's Bureau Family and Community Center Program. 11 Licensee shall do all of the following: (a) Licensee shall be solely responsible for all interior custodial maintenance of the Premises and the community center program; (b) Licensee shall not obstruct, cause or permit any obstruction surrounding the Premises or any part thereof in any manner whatsoever; and ( c) Licensee shall comply with all written notices served by Licensor with regard to the care and maintenance of the Premises. Licensor may provide written notice specifying the work to be done, the estimated cost of such work and the period of time deemed to be reasonably necessary for completion of such work. Should Licensee fail to comply with Licensor's written notice within fifteen (15) days, or within a time deemed reasonably necessary of the time specified therein, Licensee shall immediately pay over to Licensor the estimated cost of such work as set forth in the notice. Upon receipt of such sum, Licensor shall then proceed to cause the required work to be performed. 20. INSPECTION OF PREMISES Without advance notice given by Licensor to Licensee, Licensee shall permit Licensor or Licensor's agents, representatives or employees to enter the Premises at all reasonable times for the purpose of inspecting, investigating and surveying the Premises to determine whether Licensee is complying with the terms of this Agreement and for the purpose of performing other lawful acts that may be necessary to protect Licensor's interest in the Premises or to perform Licensor's duties under this Agreement. Licensor also shall have the right in its sole discretion to perform any and all work of any nature necessary for the preservation, maintenance and operation of property owned, controlled or occupied by Licensor. Licensee shall be given reasonable notice when such work becomes necessary, and Licensee shall adjust its operations 23-12915/310609 12 on the Premises in such a manner that Licensor may proceed expeditiously. 21. LICENSOR'S OPTION TO CLOSE THE PREMISES Licensor may close the Premises without liability and without advance notice to Licensee therefore at any time as Licensor in its sole discretion deems necessary for the protection of life, limb or property, or for public health, safety or welfare purposes, or upon reasonable notice to effect any repair, remodeling or rebuilding deemed necessary by Licensor in its sole discretion. 22. PUBLIC NECESSITY Licensor may, upon twenty-four (24) hours notice in writing to Licensee, suspend or revoke this Agreement without liability to Licensee when public necessity so requires, or suspend operation immediately hereunder temporarily in the event of public emergency, as may be determined by the City Manager in his or her sole discretion. Such suspension will terminate when the public necessity or emergency no longer exists. 23. PAYMENT OF UTILITY CHARGES Licensee shall pay, and hold Licensor and the property of Licensor free and harmless from, all charges for telephone services on the Premises during the entire term of this Agreement or any renewals or extensions thereof. Licensor shall provide for all charges for the furnishing of gas, water, electricity and other public utilities for the Premises, and for the removal of garbage and rubbish from the Premises. 24. REAL PROPERTY TAXES All real property taxes levied or assessed against the Premises by any governmental entity shall be timely paid by Licensor. 23-12915/310609 13 25. PERSONAL PROPERTY TAXES AND BUSINESS LICENSE Licensee shall timely pay all taxes, assessments, or other charges levied or imposed by any governmental entity on the trade fixtures and other personal property placed by Licensee in, on, or about the Premises including, without limiting the generality of the other terms used in this Section, any shelves, counters, partitions, fixtures, machinery and equipment, brought on the Premises by Licensee. Licensee shall also maintain a business license from Licensor. 26. PAYMENT OF OBLIGATIONS Licensee shall promptly pay, at its sole cost and expense, before they become delinquent, any and all bills, debts, liabilities and obligations incurred by Licensee in connection with Licensee's occupation and use of the Premises and/or operation of the community center program. Upon request, Licensee shall promptly furnish to Licensor satisfactory evidence establishing such payment. 27. COMPLIANCE WITH LAWS Licensee, at its sole cost and expense, shall comply with all statutes, ordinances, regulations and requirements of all governmental entities, including, without limitation, Federal, State, county or municipal, relating to Licensee's use and occupancy of the Premises whether such statutes, ordinances, regulations and requirements be now in force or hereinafter enacted. This Agreement is expressly subject to the laws, regulations and policies of Licensor. Licensee shall deliver to Licensor a copy of any notice from any governmental entity received by Licensee regarding any alleged violation of law regarding the Agreement or Premises or from any person allegedly entitled to give notice under any conditions, covenants, or restrictions binding or affecting the Premises. The judgment of any court of competent jurisdiction, or the admission by 23-12915/310609 14 Licensee in a proceeding brought against Licensee by any government entity, that Licensee has violated any such statute, ordinance, regulation or requirement shall be conclusive as between Licensor and Licensee and shall be grounds for termination of this Agreement by Licensor. 28. DAMAGE, DESTRUCTION OR NUISANCE Licensee shall not commit or permit the commission by others of any damage or destruction of, on, or to the Premises. Licensee shall not maintain, commit or permit the maintenance or commission of any nuisance as defined in Section 34 79 and/or Section 3480 of the California Civil Code on the Premises; and Licensee shall not use or permit the use of the Premises for any unlawful purpose. 29. LIENS Licensee shall not permit any mechanics' or materialmens' or other liens to stand against the Premises by reason of any use or occupancy by Licensee, or any person claiming under Licensee. If Licensee desires to contest or withhold any payment which would lead to the placement of any liens or contest any such liens, then prior to commencing such contest and withholding, Licensee shall furnish Licensor with a bond to secure the payment of such obligation and obtain Licensor's prior written approval of the bond. 30. NO CONDEMNATION VALUE TO LICENSEE If any property described herein or hereinafter added hereto is taken in eminent domain, the entire award shall be paid to Licensor. This Agreement shall have no condemnation value to Licensee. 31. TERMINATION Licensor may terminate this Agreement at any time with or without cause, upon thirty (30) days prior written notice to Licensee. Licensee may terminate this Agreement in the 23-12915/310609 15 event its anticipated federal or state funding for support of the community center program becomes unsuitable or is otherwise terminated or if Licensor fails to provide the funding to Licensee identified in Section 4 above, upon thirty (30) days prior written notice to Licensor. 32. HOLD OVER Should Licensee hold over and continue m possess10n of the Premises after expiration of the term of this Agreement or any extensions or renewals thereof, Licensee's continued occupancy of the Premises shall be considered a month-to-month license subject to all the terms and conditions of this Agreement. 33. INSTALLATION AND REMOVAL OF TRADE FIXTURES Licensee shall provide any equipment, supplies and materials required to operate the community center program. In addition, Licensee shall have the right at any time and from time to time during the term of this Agreement and any renewal or extension thereof, at Licensee's sole cost and expense, to install and affix in, to, or on the Premises such items, herein called "trade fixtures," for use in Licensee's trade or business as Licensee may, in its discretion, deem advisable. Any and all such trade fixtures that can be removed without structural damage to the Premises or any building or improvements on the Premises shall, subject to Section 34 of this Agreement, remain the property of Licensee and may be removed by Licensee at any time prior to the expiration or sooner termination of this License. 34. RESTORATION AND SURRENDER OF PREMISES/TITLE TO IMPROVEMENTS On expiration or termination of this Agreement, Licensee shall, without compensation to Licensee, promptly surrender and deliver the Premises to Licensor in as good condition as such were at the commencement date of this Agreement, reasonable wear and tear 23-12915/310609 16 excepted. Licensee also shall, without compensation to Licensee, surrender all improvements to Licensor in good condition and repair, ordinary wear and tear excepted, free and clear of all liens and encumbrances. Licensee also shall remove all of its trade fixtures and other personal property. Licensor may in its sole discretion accept all or any portion of the Premises, as then improved with improvements and no sum whatsoever shall be paid to Licensee or any other person; or Licensor may require Licensee to remove all or any portion of such improvements, at Licensee's own risk and cost and expense; or Licensor may itself remove or have removed all or any portion of such improvements, at Licensee's own risk and cost and expense. If required by Licensor to do so, in removing any such improvements, Licensee shall restore the Premises as nearly as possible to the conditions existing prior to their installation or construction. All such removal and restoration shall be to the satisfaction of Licensor and shall be completed within thirty (30) days of the expiration or termination of this Agreement, provided, however, that Licensee shall be considered a holdover licensee after expiration or termination of the Agreement until the time Licensee completes this removal and restoration work, including, without limitation, the removal of all of its trade fixtures and other personal property left on the Premises. In addition, all of Licensee's trade fixtures and other personal property left on the Premises after the expiration of this 30-day period, regardless of cause, shall be deemed abandoned by Licensee. In Licensor's sole discretion, it may choose to do one or more of the following: (1) take any or all of such trade fixtures and other personal property as Licensor's property; (2) store any or all of such trade fixtures and other personal property in a public warehouse or other location at the sole cost, expense and risk of Licensee, and for the account and in the name of Licensee; or (3) dispose of any or all of such trade fixtures and other personal property without any liability to Licensee. In addition, Licensee's indemnification, hold harmless 23-12915/310609 17 and defense obligations set forth in this Agreement shall apply to such trade fixtures and/or other personal property, and to Licensor's action with respect thereof. 35. DEFAULT BY LICENSEE Should Licensee default in the performance of any of the terms, conditions, or obligations contained in the Agreement, Licensor may, in addition to the remedies specified herein, re-enter and regain possession of the Premises in the manner provided by the laws of the State of California then in effect. 36. INSOLVENCY OF LICENSEE The insolvency of Licensee as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Licensee, or the making of a general assignment for the benefit of creditors by Licensee, or the filing of a petition in bankruptcy shall terminate this Agreement and entitle Licensor to re-enter and regain possession of the Premises. 3 7. CUMULATIVE REMEDIES The remedies given to Licensor in this Agreement shall not be exclusive, but shall be cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere provided in this Agreement. 38. NO ASSIGNMENT This Agreement is personal to Licensee, and Licensee shall not assign, transfer or sell this Agreement or any privilege hereunder in whole or in part, and any attempt to do so will be void and confer no right on any third party. 39. WAIVEROFDEFAULT The waiver by Licensor of any default by Licensee of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent default by 23-12915/310609 18 Licensee either of the same or another provision of this Agreement. 40. CONSENT When Licensor'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. 41. FORCE MAJEURE -UNA VOIDABLE DELAYS Should the performance of any act required by this Agreement to be performed by either Licensor or Licensee 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 shall be extended for a period equivalent to the period of delay, and performance of the act during the period of delay shall be excused. Provided, however, that nothing contained in this Section shall excuse the prompt payment of the License Fee or other consideration by Licensee as required by this Agreement or the performance of any act rendered difficult solely because of the financial condition of the party, Licensor or Licensee, required to perform the act. 42. NOTICE Unless specifically providing for verbal or electronic notice, all notices, certificates, or other communications required to be given hereunder shall be in writing and made in the following manner, and shall be sufficiently given and deemed received when (a) personally delivered; or (b) three (3) business days after being sent via United States certified mail -return receipt requested; or (c) one (1) business day after being sent by reputable overnight courier, in each case to the addresses specified below; provided that Licensor and Licensee, by 23-12915/310609 19 notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: LICENSOR: City of Huntington Beach Attn: Director of Community & Library Services 2000 Main Street Huntington Beach, CA 92648 LICENSEE: Children's Bureau of Southern California 50 South Anaheim Boulevard, Ste. 241 Anaheim, CA 92805-2961 43. BINDING ON HEIRS AND SUCCESSORS All the terms, covenants and conditions of this Agreement shall mure to the benefit of and be binding upon the parties and their successors, including, without limitation, their assignees, encumbrancers, occupiers or users, sublicensees or other transferees. The provisions of this Section shall not be deemed as a (1) waiver of any of the prohibitions and conditions against assignments, encumbrances, occupations or uses, sublicensees or other transfers hereinbefore set forth, or (2) Licensor's consent thereto. 44. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the termination or expiration of this Agreement, shall so survive. 45. WAIVER OF CLAIMS Licensee hereby waives any claim against Licensor, its officers, elected or appointed officials, employees, agents or volunteers for damage or loss caused by any suit or proceeding directly or indirectly attacking the validity of this Agreement, or any part thereof, or caused by any judgment or award in any suit or proceeding declaring this Agreement null, void or voidable, or delaying the Agreement or any part thereof from being carried out. 23-12915/310609 20 46. CONFLICT OF INTEREST Licensee warrants and covenants that no official or employee of Licensor, nor any business entity in which an official or employee of Licensor is interested, (1) has been employed or retained by Licensee to solicit or aid in the procuring of this Agreement; or (2) shall be employed by Licensee in the performance of this Agreement without the immediate written divulgence of such fact to Licensor. In the event Licensor determines that the employment of any such official, employee or business entity is not compatible with such official's or employee's duties as an official or employee of Licensor, Licensee, upon request of Licensor, shall terminate such employment immediately. For default or violation of this Section, Licensor shall have the right both to terminate this Agreement without liability and, in its discretion, recover the full amount of any such compensation paid to such official, employee or business entity. No official or employee of Licensor shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 47. INDEPENDENT CONTRACTOR Licensee 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 Licensor. Licensee shall secure at its expense, and be responsible for all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions of Licensee and its officers, agents and employees and all business licenses, if any, in connection with the services to be performed hereunder. 48. LEGAL SERVICES SUBCONTRACTING PROHIBITED Licensee and Licensor agree that Licensor is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside 23-12915/310609 21 the scope of services contemplated hereunder. Licensee understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for Licensor; and Licensor shall not be liable for payment of any legal services expenses incurred by Licensee. 49. SECTIONHEADINGS 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. 50. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 51. 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 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 23-12915/310609 22 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. 52. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 53. MEDIATION Before either of the parties files a lawsuit regarding a dispute with respect to this Agreement, the parties will attempt to resolve any such dispute through mediation. The parties shall mutually select a third-party mediator and share the costs of such mediator. 54. 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. 55. 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 signed it. 23-12915/310609 23 56. 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 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 Agreement. The Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, the Premises, the licensing of the Premises to Licensee, or the term created under this Agreement and supersede all prior understandings and agreements, whether oral or in writing between the parties respecting the subject matter hereof. 23-12915/310609 24 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed 6> .,,< by and through their authorized officers on D c)U.:vt .. Q , 2023 . LICENSEE: CHILDREN'S BUREAU OF SOUTHERN CALIFORNIA, a California print name ITS: ( circle one) Chainnai~ice President AND By: __________ _ print name ITS: (circle one) Secretary/Chief Financial Officer/ Asst. Secretary -Treasurer 23-12915/310609 25 LICENSOR: CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk APPROVED AS TO FORM: City Attorney ~t,-{;; INITIATED AND APPROVED: Director of Community & Library Services REVIEWED AND APPROVED: City Manager IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on ___________ , 2023. LICENSEE: CHILDREN'S BUREAU OF SOUTHERN CALIFORNIA, a California nonprofit corporation By: ___________ _ print name ITS: ( circle one) Chainnan/PresidentNice President AND By:_~Y~\_,._r===::::.:::.S---~--G 4i':'1 ~ CJ~ -.\\-c."'-a ..,, 4- print name ITS: circle one) Secretary_(£hief Financial Officer Asst. Secretary -Treasurer 23-12915/310609 25 LICENSOR: CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk APPROVED AS TO FORM: City Attomey ~\,.{i; INITIATED AND APPROVED: Director of Community & Library Services REVIEWED AND APPROVED: City Manager IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on ___________ , 2023. LICENSEE: CHILDREN'S BUREAU OF SOUTHERN CALIFORNIA, a California nonprofit corporation By: ------------- print name ITS: (circle one) Chairman/President/Vice President AND By: ____________ _ print name ITS: (circle one) Secretary/Chief Financial Officer/ Asst. Secretary -Treasurer 23-12915/310609 25 LICENSOR: CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk REVIEWED AND APPROVED: City Manager Exhibit "A" The premises is commonly known as 17261 Oak Lane, Huntington Beach, CA 9264 7, whose southwest corner is located approximately 100 feet south and 125 feet west from the most northeasterly corner of Orange County assessor's parcel 165-241-37, see Exhibit "B", More specifically described as: The north 430.00 feet of the south 1090.00 feet of the east 460.00 fees of the east half of the Southwest Quarter of the Northeast Quarter of Section 26, Township 5 South, Range 11 West, as shown on a map recorded in Book 51, page 13, Miscellaneous Maps, Records of Orange county. Expecting therefrom the north 330.00 feet of the west 263.56 feet. 23-12915/310609 26 .,/""' I A.CORD® C'ERTIFICATE OF LIABILITY INSURANCE PATE (MM/DDNYYY) ~ . 6/15/2023 ,....., 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 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 Heu of such endorsement(s). PRODUCER ~~i~cT Jennv Kim Arthur J. Gallagher Risk Management Services, LLC r,ngNr,70 EYII• 818.539,8611 I FAX 500 N Brand Boulevard, Suite 100 fA/C Nol• 818,539,8711 Glendale CA 91203 li~lJ~ss· Jennv Kim!@.aia.com INSURERCSl AFFORDING COVERAGE NAIC# I ice;ngo-11• nnRa'>93 INSURER A: Qualitv Como Inc INSURED CHILBUR-01 INSURER B: Berklev Reaional Insurance Company 29580 Children's Bureau of Southern California 191 a Magno!la Avenue INSURERC: Los Angeles, CA 90007 INSURERD: INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER: 112604089 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR 1:gt-J&~Vv1 ,!2\A%iv~~l LIMITS LTR OU~h ""Uh POLICY NUMBER 8 X COMMERCIAL GENERAL LIABILITY y HHS 8525752-16 11/27/2022 11/27/2023 EACH OCCURRENCE S 1000000 ,__ 0 CLAIMS-MADE 0 OCCUR ""IVlt\GI: J Yi""" I "'-' ,__ PREMISES Ea oOOJrrencel $100 000 ~ MED EXP (Any one person) $5,000 ~ PERSONAL & ADV INJURY $1 000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $3,000,000 ~ POLICY □ m?-r □ LOC PRODUCTS -COMP/OP AGG $3,000,000 OTHER: $ B AUTOMOBILE LIABILITY y HHS 8525752-16 11/27/2022 11127/2023 COMBINED SINGLE LIMIT $1,000,000 ,__ IEa accident\ X ANY AUTO BODILY INJURY (Per person) $ ,__ OWNED ~ SCHEDULED BOOIL Y INJURY (Per accident) $ ,__ AUTOS ONLY ,__ AUTOS X HIRED X NON-OWNED tP~~:~c~Je";;fiAMAGE $ ,__ AUTOS ONLY ,___ AUTOS ONLY Como & Collision $500/$500 B UMBRELLA LIAB M OCCUR HHS 8525752-16 11/27/2022 11/27/2023 EACH OCCURRENCE $5,000,000 -X EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 OED I I RETENTION$ $ A WORKERS COMPENSATION 0151080720 1/112023 1/1/2024 X I :-r:TuTE I I OTH-ER AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOR/PARTNER/EXECUTIVE □ NIA E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED? (Mandatory ln NH) E.L. DISEASE• EA EMPLOYEE $1,000,000 IC yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000 000 B Abuse or Molaslatlon Uabffity HHS 8525752-16 11/27/2022 11/27/2023 Per Claim $1,000,000 Aggregate $3,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES {ACORD 101, Addlttonal Remarks Schedule, may be allached If more space Is required} Policy: Professional Liability APPROVED AS TO FORM Polley#: HHS 8525752-16 Carrier: Berkley Regional Insurance Company CtAJ Poll~ Term: 11/27/2022 To 11/27/2023 f'ar !aim: $1,000,000 / Aggregate: $3,000,000 B:t: ,, . (// MICHAEL E. GATES Polley: Cyber Uablli~ CliV ATTORNEY Policy#: PLM-CB-S AHPQZ1G CITY OF HUN'rlNGTON BEACH See Attached ... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach Risk Management Division 2000 Main St. ACCORDANCE WITH THE POLICY PROVISIONS. Hunlinglon Beach CA 92648 AUTHORIZED REPnSENTATIVE USA ""-~-C) I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are regls.tered marks of ACORD AGENCY CUSTOMER ID: CHILBUR-01 -------------------LO C #: -------- ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED Arthur J. Gallagher Risk Management Services, LLC Children's Bureau of Southern California 1910 Magnolia Avenue POLICY NUMBER Los Angeles, CA 90007 CARRIER I NAICCODE EFFECTIVE PAlE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Carrier: Palomar Excess and Surplus Insurance Company Policy Term: 11/27/2022 To 11/27/2023 Limit: $3,000,000 / Retention: $25,000 Page 1 of Re: CDBG Oak View FRC at 17261 Oak View Lane, Huntington Beach, CA 92647. The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers are named as additional insured with respects to the operations of the named insured on General Liability & Auto Liability. Such insurance is Primary and Non-Contributory.Written notice shall be provided at least ten (1 O) days in advance of cancellation for non-payment of premium and thirty (30) days in advance for any other cancellation or pollcy change. Endorsement to follow. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: HHS 8525752-16 Berkley Regional Insurance Company COMMERCIAL GENERAL LIABILITY CG 20 26 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organi:zation(s): The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers 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 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 your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insl)rance 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 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 the 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. CG 20 26 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 ' Policy #HHS 8525752-16 COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other Insurance available to the additional insured. (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 COMMERCIAL AUTO CA 83 0710 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 11/27/2022 Countersigned By: Children1s Bureau of Southern California (Authorized Representative) SCHEDULE Name and Address of Additional Insured: The City of Huntington Beach, its officel'S, elected or appointed officials, employees, agents and volunteers (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. SECTION II -Who Is An Insured is amended to include as an insured the person(s) or organization(s) shown in the Schedule, but only with respect to their legal liability for acts or omissions of a person for whom Liability Coverage is afforded under this policy. B. The additional Insured named In the Schedule or Declarations is not required to pay for any premiums stated in the policy or earned from the policy. Any return premium and any dividend, if applicable, declared by us shall be paid to you. C. You are authorized to act for the additional insured named in the Schedule or Declarations in all matters pertaining to this insurance. D. We will mail the additional Insured named in the Schedule or Declarations notice of any cancellation of this policy. If we cancel, we will give ten (10) days notice to the additional insured. E, The additional insured named in the Schedule or Declarations will retain any right of recovery as a claimant under this policy. THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. CA83071013 Includes material copyrighted by Insurance Services Office, Inc., with its permission Page 1 of 1 (J QVAUTY COMP MONUMENT RE: Quality Comp, lnc.-Self.lnsured Workers' Compensation Group To Whom It May Concern: As proof of workers' compensation coverage, I would like to provide you with the attached Certificate of Consent to Self-Insure issued to Quality Comp, Inc. by the California Department of Industrial Relations, Office of Self-Insurance Plans. This Certificate carries an effective date of December 1, 2004 and does not have an expiration date. The Quality Comp, Inc. program has excess insurance coverage with Safety National Casualty Corporation. Safety National is a fully licensed and admitted writer of Excess Workers' Compensation Insurance in the State of California (NAIC #15105). The company is rated "A++ Superior" Category "XV" by A.M. Best & Company. Specific Excess Insurance Excess Workers' Compensation: Statutory per occurrence excess of $500,000 Employers Liability: $1,000,000 Limit Term of Coverage Effective Date: January 1, 2023 Expiration: January 1, 2024 Please contact me if you have any questions or require additional information, Thank you. Sincerely, ~Ci./.,,:,_,, Jacqueline Harris Director of Underwriting RPS Monument 255 Great Valley Parkway I Suite 200 Malvern, PA 19355 I T 610.647.4466 I F 610.647.0662 I www.RPSins.com NUMBER 4515 STA TE OF CALJFORNJA DEPARTMENT OF INDUSTRIAL RELATIONS OFFICE OF THE DIRECTOR CERTIFICATE OF CONSENT T SELF-INSURE Quality Comp, Inc. THIS IS TO CERTIFY, That_@CAcorporalion) has complied with the requirements of the Director of Industrial Relations under the provisions of Sections 3700 to 3705~ inclusive, of the Labor Code of the State of California and is hereby granted this Certificate of Consent to Self-Insure. This certificate may be revoked at any time for good cause shown. 0 EFFECTIVE.: OEPARTME~T OF INDUSTRIAL RELATlONS THE 1st DAY o..Qecember aoo4 -i' /! .·0 //. , i L/ , ,, / 1 .! 11 , ' /"' J, i .· Ii ' M~K T~ ?~-~H~iciiiO A6~~ JO DIRECTOR 0 Revocation J Certificate.-"A certificate of consent to. s~sure may be revolced by the Director of !Ddustrial Relations at _any time for good cause after a hearing. Good canse includes, among other~ the impairment of lhe solvency of such employer. the inability of the employer to'fuHfil his ob,ligatwns., or the practice by su:ch employer or his agent in charge of the admimstration of obl~tions under this division of 3llY-of the following! (a) Habitually and as· a matter o£ practice and custom inducing claimants fur compensation to accept less .than the compensation due Ol' milin~ it necessary fur them to resort to ~ against the emplover to secure the CQmpe:nsation due; (hJ Dis~g his compen_sation ob~tions in a dishonest manner! (c) ~ hls compensation obligations in sucli a ma:oner as to cause injury to the public or those dealinp; with bun." (Section 3702 of Labor Code.) The Certilkate may be revobd for noncompliance with Title-8-, California Admmistrative Code, Group 2-Administratw11 of Self-Insw:ance. Fo1u" A.4..tO A e !1 45547 STATE OP CALIFORNIA DEPARTM U:_NT OF INDUSTRlAL RELATIONS OFFICE OF SELF-INSURANCE PLANS 11050 Olson Drive, Suite 230 Rancho Cordova,CA 95670 Phone No. (916) 464-7000 FAX (916) 464-7007 Gavin Newsom, Governor CERTIFICATION OF SELF-INSURANCE OF WORKERS' COMPENSATION TO WHOM IT MAY CONCERN: This certifies that Certificate of Consent to SelUnsure No, 4515 was issued by the Director of Industrial Relations Lo: Quality Comp, Inc. under the provisions of Section 3700, Labor Code of California with an effective date of Dci:embct· I, 2004, The certificate is ctllTently in full force aud effective, Dated at Sacramento, Califomia This day the 21st ofDecember2022 Lyn Asio Booz, Chief ORIG: Jackie Harris, Cisr Director OfUndeiwriting Risk Placement Services 255 Great Valley Parkway Malvern, Pa 19355 ♦--••-••-•••••-••••••••----•-----■---•••..._.••--••••---•••••---••---■■-a•-•-••• .. •--••••-•••---••----wa••••-•-••••••••-•--••----••••••••1111111•■•-•••••--•"'-•••••---•-=--•••••---••••----••••--•♦. i \ i NUMBER: INT-4515-0131 STATE OF CALIFORNIA . i . --------------. ! DEPARTMENT OF INDUSTRIAL RELATIONS . I i OFFICE OF THE DIRECTOR i . ! ! ! ! i ! ! ! ! i ! i ! ! i . ! i i i ! i INTERIM CER'tIFICATE OF CONSENT TO SELF-INSURE THIS IS TO CERTIFY, That CIDLDREN'S BUREAU OF SOUTHERN CALIFORNIA STATE OF INCORPORATION CA TAX ID NO 95-1690975 is hereby granted this Interim Certificate of Consent to Self-Insure for workers' compensation liabilities from the effective date of this certificate July 1, 202() to expiration date of December 28, 2020, pursuant to Sections 3700 to 3705, inclusive, of tJ:ie Labor Code of the State of California and Section 15205 of Title 8, California Code of Regulations. Said Interim Certificateholder is a subsidiary or affiliate of 'QUALITY COMP, INC. which has been issued Certificate to Self Insure 4515 by the Director of Industrial Relations; said certificate remains in full force and effect; and, as the master certificateholder is fully responsible for all benefits due from claims of the Interim Certificate party herein named during the period of this Interim Certificate. DEPARTMENT OF INDUSTRIAL RELATIONS OF THE STATE OF CALIFORNIA ~~ , ~OOZ, ~HIEF ~ ~~ ,J t KATRINA S. HAGEN, DIRECTOR . i ! ! . ! ! ! i • : i . ~ . . • 8 ~ .... •••••••.,•••-■--■■a.s•■•-a••-------••••••••----••---•••••••----... ••••-••-••••--•••••----••••.a•■■--■.-••--•••••••--•••••••••--■-•••••---••••••.■11a•1t•■■--•11r••--•••••••••••••••••••••--•••••n•••••• City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-642 MEETING DATE:8/1/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Ashley Wysocki, Director of Community & Library Services PREPARED BY:Ashley Wysocki, Director of Community & Library Services Subject: Approve the design concept and placement of a memorial plaque honoring Donald MacAllister, Past Mayor, on Tower Zero of the Huntington Beach Municipal Pier as recommended by the Community & Library Service Commission Statement of Issue: At the January 17, 2023 City Council meeting, a Council Member Item directed staff to work with the Community & Library Services Commission (Commission) and leadership of the Greater Huntington Beach Interfaith Council to help develop a proposal for a public memorial honoring Don MacAllister on Tower Zero and to return to City Council to present the proposal for consideration. Financial Impact: Not applicable. Design and purchase of the plaque will be funded by the Greater Huntington Beach Interfaith Council. Recommended Action: Approve the design concept and placement of a memorial plaque honoring Donald “Don” Andrews MacAllister at Tower Zero on the Huntington Beach Municipal Pier as recommended by the Community & Library Services Commission. Alternative Action(s): Do not approve the recommended action, and direct staff accordingly. Analysis: Don MacAllister was a beloved member of the community for over 50 years. He served on the City Council from 1979-1986, serving as Mayor in 1979 and again in 1983. Due to the recent passing of this prominent individual, Mayor Tony Strickland introduced Item 23-038 (Attachment 1) in response to community recommendations to honor MacAllister’s contributions to the City. The request was approved by City Council at their January 17, 2023 meeting, which directed the Community & Library City of Huntington Beach Printed on 7/26/2023Page 1 of 3 powered by Legistar™ File #:23-642 MEETING DATE:8/1/2023 Services staff and Commission to work with the Greater Huntington Beach Interfaith Council to develop a proposal for a public memorial honoring MacAllister on Tower Zero and to return to City Council to present the proposal for consideration. The Greater Huntington Beach Interfaith Council has also come forward in support of a memorial honoring Don MacAllister and have committed funds to purchase a memorial plaque to include information and an image of Mr. MacAllister (Attachment 2). MacAllister, had a lifelong passion for serving his community. MacAllister’s Orange County Register obituary described him, saying that he “loved being a gentle leader and inspired others to share in his passion of service through volunteer work”. He belonged to many organizations, including the International Surfing Museum of Huntington Beach (HBISM) and The Surfing Walk of Fame (SWOF), which are both named on the plaque; other organizations include the Kiwanis Club of Huntington Beach, Sister City of Huntington Beach, and the Senior Center. He was proud to have served on the Huntington Beach City Council and to have had the opportunity to be elected Mayor two times, earning him the nickname "The Mayor" around town. In later years he was honored with the title of "Ambassador of Huntington Beach". As part of City Council’s action item discussion, Tower Zero was mentioned as a location for the memorial plaque. There are three existing memorial plaques in the proposed location on Tower Zero (Attachment 3). One plaque honors former Marine Safety Chief and Community Services Director Max Bowman. In 2018, a second plaque was added in honor of Father Mondor and Pastor Sumo, and in 2021, a third plaque was added to honor Rick “Rockin’ Fig” Fignetti. It is recommended that if the plaque is to be placed on Tower Zero, that the existing memorial plaques be adjusted to allow for sufficient space to place the new memorial plaque and for improved alignment. As such, the suggested placement would be adjacent to the Bowman plaque and above the Fignetti and Mondor/Sumo plaque (Attachment 4). Additional costs may be born as a result of reconfiguring the existing plaques. Resolution 2017-25 states that all recommendations for memorial recognition on public facilities be processed through the Community & Library Services Commission. The Commission approved the design and placement of the MacAllister plaque on Tower Zero at their February 8, 2023 meeting. Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: Community Engagement Attachment(s): 1.Item 23-038 from January 17, 2023 City Council Meeting 2.Proposed rendering of MacAllister plaque 3.Image of existing plaques at Tower Zero 4.Proposed reconfiguration of plaques at Tower Zero City of Huntington Beach Printed on 7/26/2023Page 2 of 3 powered by Legistar™ File #:23-642 MEETING DATE:8/1/2023 City of Huntington Beach Printed on 7/26/2023Page 3 of 3 powered by Legistar™ CITY OF HUNTINGTON BEACH CITY COUNCIL MEETING – COUNCIL MEMBER ITEM REPORT TO: The Honorable Mayor and City Council FROM: Mayor Tony Strickland DATE: January 17, 2023 SUBJECT: DEVELOP A PROPOSAL FOR A PUBLIC MEMORIAL HONORING DON ANDREWS MACALLISTER On December 2, 2022, Huntington Beach lost an iconic pillar of our history and community. Don Andrews MacAllister was known to many as “The Mayor” and “The Ambassador of Huntington Beach.” Among many other local community groups and organizations, he was greatly known for his significant contributions to our surfing community. In addition to serving on City Council from 1978 through 1994, and as mayor in 1979 and 1983, Don MacAllister embraced the surfing culture and committed himself to the support and promotion of Surf City USA on a local, national and international level. He was instrumental in planning the world’s largest surfboard that broke a world record in 2015. Don was also a founding member of the Surfing Walk of Fame and participated on the Board of Directors for 25 years, and he passionately served throughout the years on the International Surfing Museum’s Board of Directors. In an effort to acknowledge Don’s dedication and contributions to this community, I wish to recommend a public memorial to be established at the Huntington Beach Pier in his honor. I believe it would be most appropriate to engage the Community and Library Services Commission and our partners at the Greater Huntington Beach Interfaith Council, who have expressed strong interest in supporting this endeavor, as with other memorials in the past. It is suggested a bronze plaque be installed at Tower Zero. This location is also the site of memorial plaques for Father Christian Mondor, Pastor Blaine “Sumo” Sato and Rick “Rockin’ Fig” Fignetti, all beloved members of the community who have made a tremendous impact throughout Surf CIty. RECOMMENDED ACTION Direct staff to work with the Community and Library Services Commission and leadership of the Greater Huntington Beach Interfaith Council to develop a proposal for a public memorial honoring Don MacAllister on Tower Zero. Return to City Council within 90 days to present the proposal for consideration. . ' J /, ,, .. r , ., \ City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-599 MEETING DATE:8/1/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Scott M. Haberle, Fire Chief PREPARED BY:Bonnie To, Principal Management Analyst Subject: Approve and authorize execution of Amendment No. 2 to agreement between the City of Huntington Beach and Wittman Enterprises, LLC for additional compensation not to exceed $320,000 to provide billing services for emergency paramedic and ambulance services Statement of Issue: The Fire Department is requesting approval of an amendment with Wittman Enterprises, LLC (“Wittman”) for an additional amount not to exceed $320,000 for billing services for emergency paramedic and ambulance services. Financial Impact: There are sufficient funds available in the FY 2023-24 Fire Department operating budget. Recommended Action: Approve and authorize the Mayor and City Clerk to execute “Amendment No. 2 to Agreement Between the City of Huntington Beach and Wittman Enterprises, LLC for Billing Services for Emergency Paramedic and Ambulance Services” for additional compensation not to exceed $320,000. Alternative Action(s): Do not approve the contract amendment, and direct staff accordingly Analysis: The City of Huntington Beach previously entered into a professional services contract with Wittman, which ended in October 2022. An initial amendment was executed to extend the services for one additional year until October 2023 at no additional cost. The previous agreement and first amendment included a 3.90% invoice charge to be paid by the City of Huntington Beach to Wittman for the vendor’s services, up to $1,080,000 for a total of four years. Of note, this 3.90% rate is considered a lower rate compared to the City of Newport Beach’s rate of 3.99%-4.50%. City of Huntington Beach Printed on 7/26/2023Page 1 of 2 powered by Legistar™ File #:23-599 MEETING DATE:8/1/2023 There has been an increased number Emergency Medical Services (EMS) calls. Therefore, there has similarly been an increased need for billing services for emergency paramedic and ambulance services. In order to account for increased EMS calls and billing services through the end of the contract term of October 20, 2023, staff is requesting to increase the existing agreement by an additional sum not to exceed $320,000. The additional sum shall be added to the original sum of $1,080,000, for a new contract amount not to exceed $1,400,000. The performance period would remain the same, starting in October 2019 and ending in October 2023 . Wittman has provided consistent and quality billing services to the City of Huntington Beach. As such, the Huntington Beach Fire Department is requesting approval and authorization by the Mayor and City Clerk to execute an “Amendment Between the City of Huntington Beach and Wittman Enterprises, LLC for Billing Services for Emergency Paramedic and Ambulance Service” for an additional amount not to exceed $320,000. Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: Financial Sustainability, Public Safety or Other Attachment(s): 1.Amendment No. 2 to agreement between the City of Huntington Beach and Wittman Enterprises, LLC 2.Amendment No. 1 and Original Agreement City of Huntington Beach Printed on 7/26/2023Page 2 of 2 powered by Legistar™ 23-12859/314834 1 AMENDMENT NO. 2 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND WITTMAN ENTERPRISES, LLC FOR BILLING SERVICES FOR EMERGENCY PARAMEDIC AND AMBULANCE SERVICE 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 WITTMAN ENTERPRISE, LLC, a Limited Liability Corporation, hereinafter referred to as “Consultant.” WHEREAS, City and Consultant are parties to that certain agreement, dated October 21, 2019, entitled “Professional Services Contract Between the City of Huntington Beach and Wittman Enterprises, LLC for Billing Services for Emergency Paramedic and Ambulance Service” which agreement shall hereinafter be referred to as the “Original Agreement”; and City and Consultant wish to amend the Original Agreement to increase the amount of compensation to be paid to Consultant, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Consultant at the rates specified in Exhibit B which is attached hereto and incorporated by reference into this Agreement. City further agrees to pay Consultant an additional sum not to exceed Three Hundred Twenty Thousand Dollars ($320,000.00). The additional sum shall be added to the original sum of One Million Eighty Thousand Dollars ($1,080,000.00), for a new contract amount not to exceed One Million Four Hundred Thousand Dollars ($1,400,000.00). 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on , 2023. --------- WITTMAN ENTERPRISES, LLC By: _____________ _ print name CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ITS: (circle one) Chairman/President/Vice President Mayor AND By: _____________ _ print name ITS: (circle one) Secretary/Chief Financial Officer/ Asst. Secretary -Treasurer REVIEWED AND APPROVED: City Manager 23-12859/314834 City Clerk INITIATED AND APPROVED: APPROVED AS TO FORM: (l City Attorney 2 AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND WITTMAN ENTERPRISES, LLC FOR BILLING SERVICES FOR EMERGENCY PARAMEDIC AND AMBULANCE SERVICE 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 WITTMAN ENTERPRISE, LLC, a Limited Liability Corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that ce11ain agreement, dated October 21, 2019, entitled "Professional Services Contract Between the City of Huntington Beach and Wittman Enterprises, LLC for Billing Services for Emergency Paramedic and Ambulance Service" which agreement shall hereinafter be referred to as the "Original Agreement"; and City and Consultant wish to amend the Original Agreement to increase the amount of compensation to be paid to Consultant, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. TERM The term of the Agreement is extended for one additional year until October 20, 2023. 2 . REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on October 20 , 2022. 22-119 30/292844 WITTMAN ENTERPRISES, LLC print name ITS: (circle one) Chairman/PresidentNice President print name ITS: (circle one) Secretary/Chief Financial Officer/ Asst. Secretary -Treasurer PkOVED: 22-11930/292844 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk INITIATED AND APPROVED : Fire Chief APPROVED AS TO FORM: City Attorney Uv COUNTERPART 2 WITTMAN ENTERPRISES, LLC By: ____________ _ print name ITS: (circle one) Chairman/President/Vice President AND By: ____________ _ print name ITS: (circle one) Secretary/Chief Financial Officer/ Asst. Secretary -Treasurer 22-11930/292 844 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ~ . City Clerk ·. lo/-2J7/.2Z~ INITIATED AND APPROVED: ~ Fire Chief COUNTERPART 2 ~ WITTENT-01 .IROTH •ACORD' CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYYJ ~ 6/24/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSUR.ANCE 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 ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certatl(~tolicles may require an endorsement. A statement on this certificate does not confer rJnhts to the certificate holder in lieu of such endorsement s . PRODUCER $;QN!~CT Vaultari Insurance Services 1l!8,"r:'o, E,1I, (888) 524-0798 1 r,e~. N,1,(866) 206-8646 PO Box 646 Roseville, CA 95678 ~t'dll~ss• certlficates@vauitariins.com INSURERIS\AfFORDING COVERAGE NAIC# iNsuRERA: Continental Casualtv Comnanv INSURED 1NsuRERB :National Fire Insurance Comnanv of Hartford Wittman Enterprises LLC INSURERc :Emnlovers Preferred Insurance Comnanv 11093 Sun Center Drive INSURER o: Travelers Casualtv Insurance Co of Amer 25658 Rancho Cordova, CA 95670 INSURER E: Obsidian Snecialtv Insurance Comnanv INSURER F: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT ½1TH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . 1 IN_SR TYPE OF INSURANCE 1A,_O_DL 1S_l!EIR POLICY NUMBER POLICY EFF .. ~R}6%'.'.I=.~.r .. LIMITS 0 0 A ,x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s 2,000,000 ' 7 CLAIMS-MADE [K] OCCUR X B6020067350 7/1/2022 7/1/2023 g~~AGI}9E~~~JD ~· s 1,000,000 ' MED EXP 'An" one ~~rson' ' 10,000 ' PERSONAL & ADV INJURY ' 2,000,000 ~'l AGGREGATE LIMIT APPLIES PER, GENERAL AGGREGATE ' 4,000,000 POLICY □ ff8f □ LOC PRODUCTS -COMP/OP AGG s 4,000,000 OTHER: APDDOVED AS TA --' EPLI FIDUCIARY s 10,000 B 1 AUTOMOBILE LIABILITY so2odsv•0 • \ / f 11112022 ~~~~~~~11SINGLE LIMIT s 1,000,000 ,x ANY AUTO -7/1/2023 BODILY INJURY IPernerson\ s OWNED SCHEDULED MIC .·:::---: ' GATE-S t.::::.,. BODILY INJURY fPer accident '--AUTOS ONLY '--AUTOS s ~LRT't?s ONL y ~81t'a~9 CITY ATTORNEY Ffe7~tc%-r;fRAMAGE ' '--'--CITY OF HUNTINGTON Bf AC!·' ' A J<. UMBRELLA LIAB ~ OCCUR EACH OCCURRENCE $ 2,000,000 EXCESSLIAB CLAIMS-MADE B6020067431 7/1/2022 7/1/2023 AGGREGATE $ 2,000,000 OED I X I RETENTION$ 10,000 ' C WORKERS COMPENSATION XI ~SttUTE I I ~JH-ANO EMPLOYERS' LIABILITY YIN EIG463316402 7/1/2022 7/1/2023 1,000,000 ANY PROPRIETOR/PARTNER/EXECUT!VE □ E.l. EACH ACCIDENT $ p,'FICEf.lMlMt'/JI EXCLUDED? NIA 1,000,000 Manda ory n ) E.L. DISEASE -EA EMPLOYE! ' ~~i~~(tfrg~ 016PERATIONS be!ow E.l. DISEASE -POLICY LIMIT ' 1,000,000 D E&O I Professional L 107019103 111/2022 111/2023 Agg/Occ 2,000,000 E Cyber Llablllty PLM-CB-SLKAHXFUM 11/7/2021 11/7/2022 Aggregate/Limit 2,0001000 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Addlt!onal Remarks Schedule, may be attached If more space is re~ulred) The City of Huntington Beach, Its officers, elected or appointed offlclals, employees, agents and volunteers wi I be named as Additional Insured with respects to General Llability per attached endorsement form number S8146932F. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE ' cl/6 ACORD 25 (2016/03) @ 1988-2015 ACORD CORPOR.A TION. All rights reserved. The ACORD name and logo are registered marks of ACORD PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF IIDNTINGTON BEACH AND WITTMAN ENTERPRISES, LLC FOR BILLING SERVICES FOR EMERGENCY PARAMEDIC AND AMBULANCE SERVICE 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 WITTMAN ENTERPRISES, LLC, a Limited Liability Corporation hereinafter referred to as "CONSULTANT," WHEREAS, CITY desires to engage the services of a consultant to provide billing services for emergency paramedic and ambulance 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 CONSULTANT 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 describ ed in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be refened to as the "PROJECT." CONSULT ANT hereby designates Corinne Wittman-Wong who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 19-8011/215114 agree/ surfnet/professional svcs mayor S/19-204082 1 of 12 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULT ANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULT ANT are to commence on October 21, 2019 (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 completed no later than three (3) years 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 CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT 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 CONSULTANT 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 Million Eighty Thousand Dollars ($1,080,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit t1 A" or changes in the scope of services described in Exhibit "A, t1 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. 19·8011/215114 agree/ surfnet/professional svcs mayor 5/l 9·204082 2 of 12 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7 . DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULT ANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both fie ld 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 fi t. 8. HOLD HARMLESS A. CONSULTANT hereby agrees to protect, defend, indemnify and ho ld harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers fr om and against any and all claims, damages, los ses, expenses , judgments, demands and defense costs (including, without limitation, costs and fees of li tigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULT ANT's ( or CONSULT ANT's subco ntractors , if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obli gations contained in this Agreement by CONSULT ANT, its officers, agents or employees except such los s or damage which was caused by the sole negligence or willful misconduct o f CITY. CONSULT ANT will conduct all defense at its sole cost and expense and CITY shal l approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether an y insurance po licies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 19-8011/215114 agre e/ surfn et/professional svcs mayor 5/19-204082 3 of 12 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: "CONSULT ANT hereby agrees to protect, defend, indemnify and hol d 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 li ability 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 disso lution of the business, CONSULT ANT shall meet and confer with CITY and other defendants regardin g 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 app lies, 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 CONSULT ANT' s professional liability in an amount not less than One Million Dollars 19-8011/215114 agre e/ surfnet/profess ional svcs mayor 5/19-204082 4 of 12 ($1,000,000.00) per occunence 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 policy "deductible" of Ten Thousand Dollars ($10 ,000.00) or less is pe1mitted. 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 s h al l notify C ITY of circumstances or incidents that might give rise to future claims. CONSULT ANT will make every effmi to maintain similar insurance during the required extended period of coverage fo ll owing 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 th is 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 electi on, to forthwith terminate this Agreement. Such termination shall n ot 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. CERTIFI CATE OF INSURANCE Pri or to commencing perfo1mance of the work hereunder, CONSULT ANT shall furnish to CITY a certificate of insurance s ubject to approval of the City Attorney evidencing the forego ing insurance coverage as required by this Agreement; the certificate sh a ll: 19-8011/215114 agree/ surfnet/profe ssional svcs mayor S/19-204082 5 of 12 A . provide the name and policy number of each canier and policy; B. state that the policy is cwrently 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 canying the forego ing 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 sh all 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 19-8011/215114 agree/ surfnet/professional svcs mayor 5/19 -204082 6 of 12 be made in writing, notice of which shall be delivered to CONSULT ANT as provided herein. In the event of termination, all finished and u nfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly deli vered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work h ereunder shall not be assigned, delegated or subcontracted by CONSULT ANT to any other person or entity without the prior expr ess written consent of CITY. If an assignme nt, delegation or subcontract is approved, all approved assi gnees, d e legates and subconsultants must satisfy the insmance requirements as set forth in Sections 9 and 10 herein above. 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. C ITY EMPLOYEES AND OFFICIALS CONSULT ANT shall employ no CITY official nor any regul ar CITY employee in the work p erformed pmsuant to t his Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in v iolation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall b e given either by personal d elivery to CONSULT ANT's agent (as designated in Section 1 hereinabove) or to C ITY as the situation shall warrant, or by enclosing the sam e 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 w hich subsequent notices, certificates or 19-8011/215114 agree/ su rfn et/professional svcs mayor 5/19-204082 7 of 12 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: TO CITY: City of Huntington Beach ATTN: Fire Chief 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: W ittman Enterprises, LLC ATTN: Corinne Wittman-Wong, CEO 11093 Sun Center Drive Rancho Cordova, CA 95670 When CITY's consent/approval 1s required under this Agreement, its consent/approval for one tr ansaction or event shall not be deemed to be a con sent/approval to any su bsequent 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 writin g and duly executed by both paities. 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 paits of this Agreement shall in all cases be construed as a who le, 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 inval id, such ho l ding shall not invalidate or affect the remaining 19-8011/215114 agree/ surfnet/pro fessional svcs mayor 5/19-204082 8 of 12 covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided h ere. 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 co ntained 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 i s 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 h ave 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 d eemed 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 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 ser vices contemplated hereunde r. CONSULT ANT understands · that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for 19-8011/215114 agree/ surfnelfprofessional svcs mayor 5/19-204 082 9 of 12 CITY; and CITY shall n ot be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to con strue, interpret and/or e nforce 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 paiiy. 25. SURVIVAL Terms and condit ions of this Agreement, which b y t heir 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 i ts s i gnature h ereinbelow has the power, authority and right to bind their respective parties t o each of the terms of this Agreement, and shall indemnify CITY fu lly 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 paiiies acknowledge and agree that they are entering into this Agreement freel y and voluntarily fo llow ing extensive arm's length n egotiati on, and that each has had the opportunity to con sult with legal counsel prior to executing this Agreement. T h e paiiies a lso acknowledge and agree that no represent ation s, inducements, promises, agreements or warranties, oral or otherwise, have been made by that paiiy or anyone actin g on that party's behalf, which are not embodied in this 19-8011/215114 agree/ s urfnet/professional svcs mayor 5/19-204082 10 of 12 Agreement, and that that party has not executed this Agreement in reliance on any repre sentation, inducement, promise, agreement, waJ.Tanty, 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 m atter 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. 19-801 1/215 114 agree/ s urfnet/profess ional svcs mayor 5/19 -204082 11 of 12 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be e_xecuted by an through their authorized officers. C NSULTANT, W TTMAN ENTERPRISES, LLC B . /4/A-4-~fo ~'--- 1·P .-t. /~ ..,/ /n,,. bod-t::n I print name I'JlS: (c ircle one) Chairrna~ice President hief Financial Officer/ Asst. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California _ ~G~:-2-=>-=::=- ~ tui~ City Clerk 10/~S/l'I IS City Manager 1918011/215114 ag'F/ surfn eVprofessional svcs mayor 5/19 -204082 12 of 12 EXHIBIT "A" A. STATEMENT OF WORK: (Nanative of work to be performed) Wittman Enterprises, LLC will conduct emergency paramedic and amb u lance billing services for the City of Huntington Beach. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: Private Billing Wittman Enterprises, LLC to prepare all invoices and follow-up mailings. Initial invoicing with both English and Spanish instructions w ill 9e on 8 X 11 billings and will be placed in envelopes, sealed and mailed, postage prepaid. Initial invoicing occurs within three ( 4) days of receipt of transport tickets . Toll Free 800 telephone number provided to patients . An initial tel ephone call will also be made at this time to elicit any insurance infmmation from the patient or patient's family. If we receive no answer on this call, Wittman's will send an inquiry letter in addition to the initial invoice. The standard bill schedule is as follows: Private Bill Schedule 1. Invoice 2 . Statement 3. Past Due 4. Final Demand Medicare, Medicaid, Medi-Medi Immediately 30 days 20 days 10 days Wittman Enterprises, LLC to prepare all invoices and electronically convey to Medicare and Medicaid/Medi-Cal fiscal inte1mediaries. All secondary and coinsurance billing transferred to the appropriate secondary pay source and promptly billed to that source. III. Workers' Compensation and Private Insurance Wittman Enterprises, LLC to bill private ins urance, suppl emental insurance, secondary insurance and Workers' Compensation billed according to specific requirements. Electronic billing of insurance companies is performed where appropriate. Any correspondence for additional information or fo llow up necessary to secure insurance payments will be performed by Wittman Enterprises, LLC. Delinquent Claim Handling Patients with claims aging over 45 days will be contacted by tel ephone for payment arrangements. Telephone follow up will continue until payment in full is received or account is dismissed by the City to an outside collection agency. Wittman Enterprises, LLC will utilize installment billing as allowed by the City in cases of financial hardship . EXHIBIT A Receipts Processing Wittman Enterprises, LLC will receive direct payment, posting and depositing cash receipts within one (1) day of receipt. Bank deposit receipt will be emailed to the City. Wittman Enterprises, LLC shall have no access to the proceeds of the receipts . All funds are under the exclusive control of the City of Huntington Beach. Reports Monthly, Wittman Enterprises, LLC will perfmm accurate month end close procedures that will result in the following reports: Monthly Ticket Survey Monthly Sales Journal Monthly Cash Receipts Journal Monthly Receivables Aging Management AIR Analysis Statistical Reports customized to client needs Provider Responsibilities • Submit necess ary transport information, including pay source information and patient condition, to Wittman Enterprises, LLC for billing purposes. • Forward to Wittman Enterprises, LLC all necessary info1mation relating to patient transports services, payments and patient eligibility. • Notify Wittman Enterprises, LLC of any accounts that require special attention. • Obtain signature of patient or guardian. • Provide patient's Social Security Number Source Documents Wittman Enterprises, LLC will reta in all source documents including attachments for six (6) years. When service contracted is terminated, all source documents are returned to Provider at the Provider's expense. C. CITY'S DUTIES AND RESPONSIBILITIES: In a timely manner, the City will provide accurate documentation to the vendor so that they can conduct emergency paramedic and ambulance billing services. The City will provide vendor with supplemental documents as required from various sources to assist in completing billing services. D. WORK PROGRAM/PROJECT SCHEDULE: To be determined. EXHIBIT A EXHIBIT II B II Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the fo ll owing progress and payment schedu les. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT 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. CONSULTANT 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 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 of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSUL TANT 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 CONSULT ANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A11 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 unti l this Agreement has expired or is tenninated as provided herein. 4 . Any bi ll ings 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 d ispute 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 EXHIBITB PAYMENT SCHEDULE CITY OF HUNTINGTON BEACH PROFESSIONAL SERVICES AGREEMENT WITH I. Fees WITTMAN ENTERPRISES, LLC FOR EMS BILLING SERVICES A. Percentage of Net Collections 3.90% of net co llected r evenue Included B. Monthly Reports Net Collections are the dollars eligible for collection after adjusting for Medicare and Medi-Cal write downs. "Collected Revenue" i s the net dollars collected minus any refunds or payor adjustments. Billing services are offered for a percentage of collected revenue as agreed upon by the two parties and indicated above. 1 Exhibit B 1 2 3 4 5 6 7 8 PROFESS IO NA L SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND WITTMAN ENTERPRISES, LLC FOR BILLING SERVICES FOR EMERGENCY PARAMEDIC AND AMBULANCE SERVICE Tabl e of Contents Scope of Services ..................................................................................................... 1 City Staff Assistance ................................................................................................ 2 Term; Time of Performance ..................................................................................... 2 Comp ensati on .......................................................................................................... 2 Extra Work ............................................................................................................... 2 Method of Payment .................................................................................................. 3 Disposition of Plans, Estimates and Other D ocuments ........................................... 3 H old Harmless ......................................................................................................... 3 9 Professional Liability Insurance ............................................................................. 4 10 Certificate of Insurance ............................................................................................ 5 11 Independent Contractor ............................................................................................ 6 12 Termination of Agreement. ...................................................................................... 6 13 Assignment and D elegation ... : .................................................................................. 6 14 Copyrights/Patents ................................................................................................... 7 15 City Emp loyees and Officials .................................................................................. 7 16 Notices ......................................................................................... 7 1 7 Consent .................................................................................................................... 8 18 Modifi cation ............................................................................................................. 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 ~ WITTENT-01 JMAHNCKE ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYYl ~ 9/18/2019 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 INSURE_R(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain pollcles may require an endorsement. A statement on this certificate does not conrer rh:ihts to the certificate holder In lieu of such endorsement(sl. PRODUCER f;\?filACT Western Elite Insurance Solutions rt8~l. Ext): (916) 259-6900 I FAX ( 130 Diamond Creek Place, Suite 2 iAJC Nol: 866) 206-8646 Roseville, CA,!i5747 ;-:!>!.AJ!, ___ INSURER/SI AFFORDING COVERAGE NAIC# INSURER A, National Fire Insurance Comnanv of Hartford INSURED INSURER e : Continental Insurance Comnanv Wittman Enterprises LLC INSURER c: Continental Casualtv Comnanv 11093 Sun Center Drive INSURER D ,State Comnensation Insurance Fund Rancho Cordova, CA 95670 INSURER e: AXIS Surolus Insurance Comnanv INSURER F: Travelers Casualtv Insurance Co of Amer COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTI FY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOT'MTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT 'NITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN~ TYPE OF INSURANCE ,\WJ>,!; ~'-/,~,'; POLICY NUMBER ,!!SM%~, ,!.g\i,%Hl<!',. LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s 2,000,000 -D CLAIMS-MACE [Kl OCCUR Q~t§.H9c~~~J;D ·ce ' 300,000 X 86020067350 7/1/2019 7/1/2020 ~ >-- MED EXP 'An" one nei,;onl • 10,000 >--2,000,000 PERSONAL & ADV INJURY • -4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ ~ POLICY □ m?i= □ LOC PRODUCTS -COMP/OP AGG $ 4,000,000 OTHER: EPLI FIDUCIARY $ 10,000 8 AUTOMOBILE LIABILITY n,~~El~~~1~I NGLE LIMIT $ 1,000,000 -X ANY AUTO 86020067395 7/1/2019 7/1/2020 BODILY INJURY 'Per nerson> $ -OWNED -SCHEDULED -AUTOS ONLY -AUTOS ~ PRC VED AS TO FORM ' BOOIL Y INJURY 'Per acddenl' $ -~IMPsONLY -~mias~iJc.~ ---~~ Fi!l.9~~di;,i1\>AMAGE s <! -,,,;;-_, / -L-$ C X UMBRELLA LIAB ~ OCCUR -, • MIC l'fAB ._e. GATl!S . EACH OCCU RRENCE $ 2,000,000 -EXCESS LIAB CLAIMS-MADE C: rro ~T431 7/1/2019 7/1/2020 AGr.RFGATE $ 2,000,000 DED I X I RETENTION s 1 Of,IEC OF HUN l'lNGTON eeACH $ D WORKERS COMPENSATION x 1 ~~~Tl ITC I [2,l;H· AND EMPLOYERS' LIABILITY YIN 9161868-2019 7/1/2019 7/1/2020 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE □ E.L. EACH ACCIDENT • ~FFICE~lMBER EXCLUDED? NIA 1,000,000 Mand• ory n NH) E.L. DISEASE -EA EMPLOYE' • ~iiM;'p1f1J~ irw;PERATIONS below E.L DISEASE· POLICY LIMI T . 1,000,000 E Cyber Liability P00100004271101 11n/2018 11/7/2019 Aggregate/Limit 1,000,000 F Professional Llab 107019103 1/1/2019 1/1/2020 Each Claim/Agg 2,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES !ACORD 101, Adrfrtlon•I R•m•rks Schedule, may be attached If more space II re ~ulredl The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers wi I be named as Additional Insured w ith respects to General Liability per attached endorsement form number SB146932F. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Clty of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE I ✓-1..LL ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registere d marks of ACORD City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-657 MEETING DATE:8/1/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Scott M. Haberle, Fire Chief PREPARED BY:Bonnie To, Principal Management Analyst Subject: Approve and accept the Fiscal Year (FY) 2022 Assistance to Firefighters Grant; authorize the Fire Chief and Chief Financial Officer to execute documents; and approve budget appropriations Statement of Issue: The Huntington Beach Fire Department applied for the FY 2022 Assistance to Firefighters Grant and was awarded $144,290.90 for cancer screening physicals for sworn fire personnel. City Council is requested to approve and accept the FY 2022 Assistance to Firefighters Grant, authorize the Fire Chief and Chief Financial Officer to execute FY 2022 Assistance to Firefighters Grant documents, and approve appropriations into the FY 2023/24 Operating Budget. Financial Impact: The total proposed project is $158,720.00, which is composed of the FY 2022 Assistance to Firefighters Grant federal award amount of $144,290.90, and the 10% non-federal matching funds requirement of $14,429.10. There are sufficient funds available in the FY 23/24 Fire Department operating budget for the 10% non-federal matching funds requirement of $14,429.10. Recommended Action: A) Approve and accept the FY 2022 Assistance to Firefighters Grant awarded to the City of Huntington Beach; and B) Assign authority to the Fire Chief and Chief Financial Officer as the officials to execute and sign for the FY 2022 Assistance to Firefighters Grant award, agreement, amendments, and extensions; and C) Approve the budget appropriations and expenditures of $144,290.90, which is the federal award amount. The remaining $14,429.10 non-federal matching requirement will be funded by existing budget appropriations in the FY 2023/24 Fire Department operating budget. City of Huntington Beach Printed on 7/26/2023Page 1 of 2 powered by Legistar™ File #:23-657 MEETING DATE:8/1/2023 Alternative Action(s): Do not approve, and direct staff accordingly. Analysis: Huntington Beach Fire Department (“HBFD”) applied for and was awarded the FY 2022 Assistance to Firefighters Grant (“AFG 2022 Grant”). As stated in the AFG 2022 Notice of Funding Opportunity, the objectives of the AFG Program are to provide critically needed resources that equip and train emergency personnel to recognized standards, enhance operational efficiencies, foster interoperability, and support community resilience. HBFD submitted a grant application for a federal award of $1,325,867.73 to include Self-Contained Breathing Apparatus (SCBAs), portable radios, and cancer screening physicals for sworn fire personnel. The Fire Department received an award letter on July 13, 2023 stating that the cancer screening physicals portion of the grant application received a federal award amount of $144,290.90. There is a 10% non-federal matching funds requirement of $14,429.10. Therefore, the total project amount is $158,720.00. The SCBAs and portable radios were not approved by the AFG 2022 Grant. The AFG 2022 Grant notification included a due date of August 20, 2023 for the City of Huntington Beach to accept the AFG 2022 Grant; otherwise the system will retract this notification. The Huntington Beach Fire Department's project objective for the AFG 2022 Grant is to provide cancer screenings and related ultrasounds to prioritize wellness of the department's firefighters. HBFD has recently implemented a Health and Wellness Program to proactively address the health and wellness needs of the professional firefighter. Our mission is to meet national, state, and local health standards, while developing actions to progressively anticipate the health and wellness needs industry wide. The AFG 2022 Grant award and matching funds would provide cancer screening physicals for all sworn HBFD fire personnel. City Council approval is requested to approve and accept the FY 2022 Assistance to Firefighters Grant, authorize the Fire Chief and Chief Financial Officer to execute FY 2022 Assistance to Firefighters Grant documents, and approve appropriations. Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. 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Main Street, Huntington Beach, CA 92648 File #:23-639 MEETING DATE:8/1/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Travis K. Hopkins, Assistant City Manager PREPARED BY:Theresa St. Peter, Interim Director of Human Resources Subject: Approve the reappointment of Dianne Thompson and appointment of Charles Barsam, Justin Betance and Ron Pasqual to the Personnel Commission, as recommended by Council Liaisons, Mayor Pro Tem Gracey Van Der Mark and Council Member Pat Burns Statement of Issue: Mayor Pro Tem Gracey Van Der Mark and Council Member Pat Burns, Council Liaisons to the Personnel Commission, recommend the reappointment of Dianne Thompson, and the appointment of Charles Barsam, Justin Betance and Ron Pasqual, to the Commission for the term of July 1, 2023 through June 30, 2025. Financial Impact: Not applicable Recommended Action: Approve the reappointment of Dianne Thompson, and the appointment of Charles Barsam, Justin Betance and Ron Pasqual to the Personnel Commission for the term of July 1, 2023 through June 30, 2025, as recommended by the Council Liaisons to the Personnel Commission. Alternative Action(s): Do not approve, and direct staff accordingly. Alternate actions may include referring the matter to the Council Liaisons for selection of other candidates to fill the vacancies. Analysis: The Personnel Commission currently has a total of four (4) vacancies. Appropriate posting of the vacancies and advertisement in the local newspaper and on the Public Access Channel was conducted requesting applications. Mayor Pro Tem Gracey Van Der Mark and Council Member Pat Burns reviewed and considered applications to fill the vacant positions. Dianne Thompson has prior experience serving on the Personnel Commission and is being recommended to serve a second term City of Huntington Beach Printed on 7/26/2023Page 1 of 2 powered by Legistar™ File #:23-639 MEETING DATE:8/1/2023 and Charles Barsam, Justin Betance and Ron Pasqual are being recommended to begin their first term. Environmental Status: Not applicable Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1.Updated Personnel Commission Term Roster 2.Dianne Thompson Personnel Commission Application 3.Charles Barsam Personnel Commission Application 4.Justin Betance Personnel Commission Application 5.Ron Pasqual Personnel Commission Application City of Huntington Beach Printed on 7/26/2023Page 2 of 2 powered by Legistar™ CITY OF HUNTINGTON BEACH PERSONNEL COMMISSION TERMS DRAFT KATHERINE ELFORD DIANNE THOMPSON Term One: 07/01/2020 – 06/30/2022 (Appointed 01/19/2021 Carr/Posey) Term One: 07/01/2021 – 06/30/2023 (Appointed 06/15/2021 Carr/Posey) (Vice-Chair 09/01/2022-06/30/2023) Term Two: 07/01/2022 – 06/30/2024 (Appointed 10/04/2022 Carr/Moser) Term Two: 07/01/2023 – 06/30/2025 (Appointed 08/01/2023 Van Der Mark/ Burns) CHARLES BARSAM JUSTIN BETANCE Term One: 07/01/2023 – 06/30/2025 (Appointed 08/01/2023 Van Der Mark/ Burns) Term One 07/01/2023 – 06/30/2025 (Appointed 08/01/2023 Van Der Mark/ Burns) RON PASQUAL Term One: 07/01/2023 – 06/30/2025 (Appointed 08/01/2023 Van Der Mark/ Burns) Revised 07/13/2023 Page 1 Acknowledgement o Applicants must be U .S. citizens, and residents and electors of the City of Huntington Beach during the appointment process and term, and may not hold more than one membership at a time. o Pursuant to the Municipal Code Chapter 2.100, no members of boards or commissions shall hold any paid office or employment in the City personnel system. o All Council appointed commission, board, and committee members are required to take two hours of AB1234 public service ethics training and AB1661 harassment prevention training every two years and thereafter. o All Council appointed commission, board, and committee members must comply with the City's Huntington Beach Code of Ethics Policy, Social Media Policy for Elected and Appointed Officials (AR 509), Equal Employment Opportunity Policy (AR419), Anti-Harassment Policy (AR 412), and Wor1<place Violence Policy (AR 416). o You are applying for a public position . As such, the information provided in your application becomes a public record once the appointment process is completed, and may be subject to public inspection pursuant to the California Public Records Act. o If appointed , you will be required to take an Oath of Office and are subject to filling a Statement of Economic Interests pursuant to the City's Conflict of Interest Policy (Resolution 2023-01 ) . ., I acknowledge and certify that I meet the requirements listed in the notice above. Last Name * Thompson First Name * Diann Name of Board, Commission, Committee, or Task Force * Personnel Commission Length of Residency in Huntington Beach * 35 years Occupation * Insurance Agent Middle Initial United States Citizen?* • Yes No Currently Serving on a City Board or Commission?* Home Address:* Street Address Address Line 2 City Huntington Beach Postal / Zip Code - Yes • No State CA Date * 12/11/2020 Phone Numbers Phone Numbers Personal Busiless Type * (?) Number * Type (?) Number ■ --- Personal Email * Page 2 Educational Background * Completed High School, some College classes Professional Licenses and/or Associations * Property & Casualty Agent Life, Accident & Health Agent Notary Public Professional Experience * Owner of small business for 19 years, manage 3-4 employees at any one time over that time. Special Knowledge or Skills * Was appointed to the Personnel previously, served as Vice-Chair and Chair. Civic Interests and/or Service Memberships?* Chamber of Commerce member, OCTA Citizen Advisory Committee member, Huntington Beach Police & Community Foundation board member 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?* I served previously on this commission with fairness and integrity. I understand the need to update job duties as opportunities arise. I understand the importance of dealing with employee grievances and the processes that are required to follow the steps outlined in agreements with each employee unit. I certify that all statements made on this application are true and correct to the best of my knowledge. I have read and understand the duties and responsibilities of the particular position that I am applying for and authorize the release of this information . Signature * Sign 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 applicant's race, color, religion, ancestry, national origin, age, gender, sexual orientation, marital status, political affiliation, veterans' status, disabilities, or any medical condition or any other basis protected by federal and state statutes. All applications will remain active for one (1) year from the date received and be kept on file for 2 years for the position(s) applied for. 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. Approval City Manager Office Approval City Manager Office Approver Yoon-Tay lor, Grace Date 6/1 9/2023 Accept as Member?* • Yes No Action Notes Appointed by CMs Carr and Posey; 06/15/2021 -6/30/2023 Page 1 L ast Name * Barsam First Name * Charles Nam e of Board, Commission, Commi ttee, or Task Force * Personnel Commission Length of Reside ncy in Huntington Beach * 33 years Occupation * lawyer/bus inessman Middle Initial United States Citizen?* Yes No Currently Serving on a City Board or Commission?* Home Address:* Street Address Address Line 2 C,ty Huntington Beach Postal / Zip Code Yes No Stale CA Pho ne Numbers Phone Numbers Personal Business Type *(?) Number * Type (7) Number Pe rs onal Ema il * Date * 10/12/2022 Page 2 Educational Background * UCLA -graduated in 1977 with a bache lor's degree in economics Hastings Law School -1980 Professional Licenses and/or Associations * I have been a member of the California Bar Association since 1980 Professional Experience * I have been a business and real estate litigator and transaction attorney for 42 years. My experience as an attorney has included being corporate counsel for Coldwell Banker. I have been a solo practice attorney since 1994. I have taught business law and real estate principles at Norco College for several years. For the last 12 years I have been CEO of a landscape care company. I have been Chairman of a Houston based wire and cable distribution company since 1998. Special Knowledge or Skills * I have advanced knowledge of all matters relati ng to lhe professional experience listed above. I have entered into and reviewed many personnel contracts. Civic Interests and/or Service Memberships?* I was a director of Big Brothers/Big Sisters of Orange County for a number of years. I was the founder and first president of the Orange County Armenian Professional Society. I was a director of the Armenian Studies Program at UC Irvine. I coached numerous youth baseball, basketball. and football teams as my son was grow ing up in Huntington Beach. How will your qua lifications best serve the c itizen advisory group that you are applying for, and w hy do you wish to s erve on t his group?* I have represented, advised and been personally involved with many personnel issues. I understand the need to properly qualify personnel and how to handle personnel issues once they are on board. I am very aware of the legal requirements and potential pitfalls with personnel matters. 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 i nterests and qualifications of each applicant. Se l ection w ill be made w ithout discri mination based on the race, creed, gender, or sexual orientation of t he appl icant. Addition al i nformation concerning a particular commission, board, committee, or task force or the application pr ocess is avai lable through the staff support department identified above. Gen eral questions can be directed to Cathy Fi kes, (714) 536-5553. Page 1 Acknowledgement o Applicants must be U.S. c itizens, and residents and electors of the City of Huntington Beach during the appointment process and term, and may not hold more than one membership at a time. o Pursuant to the Municipal Code Chapter 2.100, no members of boards or commissions shall hold any paid office or employment in the City personnel system. o All Council appointed commission, board, and committee members are required to take two hours of AB1234 public service ethics training and AB1661 harassment prevention training every two years and thereafter. o All Council appointed commission, board, and committee members must comply with the City's Huntington Beach Code of Ethics Policy, Social Media Policy for Elected and Appointed Officials (AR 509), Equal Employment Opportunity Policy (AR419), Anti-Harassment Policy (AR 412), and Workplace Violence Policy (AR 416). o You are applying for a public position . As such, the information provided in your application becomes a public record once the appointment process is completed , and may be subject to public inspection pursuant to the California Public Records Act. o If appointed , you will be required to take an Oath of Office and are subject to filling a Statement of Economic Interests pursuant to the City's Conflict of Interest Policy (Resolution 2023-01). , I acknowledge and certify that I meet the requirements listed in the notice above. Last Name * Betance First Name * Justin Name of Board, Commission, Committee, or Task Force * Personnel Commi ssion Length of Residency in Huntington Beach * 30+ Occupation * Attorney Middle Initial M. United States Citizen?* • Yes No Currently Serving on a City Board or Commission?* Home Address :* Street Address Address Line 2 City Huntington Beach Postal / Zip Code - Yes • No State CA Date * 5/14/2023 Phone Numbers Phone Numbers Personal Business Type *(?) Number * Type (?) Number ■ - Personal Email * Page 2 Educational Background * Following graduation from Huntington Beach H igh School with Disctinction (Top Honors) I went to UCLA undergrad where I graduated with a degree in psychology. Following my undergrad, in 2006 I graduated from UCI Business School (Paul Merage School of Business) with a focus in finance and accounting. Following my MBA, while running a business I went to law school and obtained a Juris Doctorate from Northwestern California University of Law and subsequently passed the bar exam in 2015 Professional Licenses and/or Associations * Real Estate Broker (OCAR) Insurance Broker (DOI) Licensed Practicing Attorney (CALBAR) Previous Financial Advisor (series 7 and 66) Professional Experience * 2001-2008 -Cogent Flnancial Group (Medicred it) I started with a F inance company as a Systems Admin istrator and over four years worked my way up to President; and was installed to the board of directors. Built company from 5mm to 100mm and sold in 2008 to our largess hedgefund investor off of wall street (Sagecrest) 2009-2015 -Built a F inancial Services Company based on Personal Services -Insurance, Real, Estate, Wealth Management 2015-Present-Through Law Firm expanded on the previous services and added, Estate Planning, Business P lanning, Corporate Legal Services, and Tax Advisory (Resolution & Preparation) Special Knowledge or Skills * A lternative Dispute Resolution (Arbitration & Mediation) Negotiations Civil Procedure Civic Interests and/or Service Memberships?* Huntington Beach Elks member -I act as Presiding Justice AYSO Region 55 -Board Member I Coach I Extra Coach I Referee FNL Football -Coach 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?* I have lived in Huntington Beach since the Fourth grade. I've always wanted to get involved in pol itics, at least at the ci ty level. I believe that my professional skills and knowledge as illustrated above make me very well suited to assist our city counsel. G iving back to the community I live in is something that is very impoortant to me, and serving on this commission is one more (important) way I can give back to my community. Thank you for your consideration. <I I certify that all statements made on this appl ication are true and correct to the best of my knowledge. I have read and understand the duties and responsibili ties of the particular position that I am applying f or and authorize the release of this information. Signature * 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 applicant's race, color, religion, ancestry, national origin, age, gender, sexual orientation, marital status, political affiliation, veterans' status, disabilities, or any medical condition or any other basis protected by federal and state statutes. All applications will remain active for one (1) year from the date received and be kept on file for 2 years for the position(s) applied for. 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. Page 1 Acknowledgement o Applicants must be U.S. c itizens, and residents and electors of the City of Huntington Beach during the appointment process and term, and may not hold more than one membership at a time. o Pursuant to the Municipal Code Chapter 2.100, no members of boards or commissions shall hold any paid office or employment in the City personnel system. o All Council appointed commission, board, and committee members are required to take two hours of AB1234 public service ethics training and AB1661 harassment prevention training every two years and thereafter. o All Council appointed commission, board, and committee members must comply with the City's Huntington Beach Code of Ethics Policy, Social Media Policy for Elected and Appointed Officials (AR 509), Equal Employment Opportunity Policy (AR419), Anti-Harassment Policy (AR 412), and Workplace Violence Policy (AR 416). o You are applying for a public position . As such, the information provided in your application becomes a public record once the appointment process is completed , and may be subject to public inspection pursuant to the California Public Records Act. o If appointed , you will be required to take an Oath of Office and are subject to filling a Statement of Economic Interests pursuant to the City's Conflict of Interest Policy (Resolution 2023-01). , I acknowledge and certify that I meet the requirements listed in the notice above. Last Name * Pascual First Name * Ron Name of Board, Commission, Committee, or Task Force * Personnel Commi ssion Length of Residency in Huntington Beach * 29 Occupation * Real Estate Managing Broker Middle Initial United States Citizen?* • Yes No Currently Serving on a City Board or Commission?* Home Address :* Street Address Address Line 2 City Huntington Beach Postal / Zip Code - Yes • No State CA Date * 5/15/2023 Phone Numbers Phone Numbers Personal Business Type *(?) Number * Type (?) Number ■ - Personal Email * Page 2 Educational Background * BA Organizational Psychology Minor in Business Management Professional Licenses and/or Associations * Department of Real Estate Broker License Orange County Association of Realtors California Association of Realtors National Association of Realtors Professional Experience * Managing Broker for Berkshire Hathaway HomeServices California Properties. Directly oversee the real estate operation for the office. Special Knowledge or Skills * Real Estate Sales, Marketing and Management Human Resources Business Management Operations Civic Interests and/or Service Memberships?* California Association of Realtors State Director Huntingtin Beach PAC Trustee for Orange County Realtors California Assoc of Realtors Key Contact for Assemblyman Tri Ta Local Government Relations for Orange County Association of Realtors OCTax Builders Industry Association 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?* I believe my educational background in Organizational Psychology and experience in Human Resource Management and current position as a Corporate Managing Broker would be beneficial in provid ing a qualified and seasoned opinion on matters concerning personnel. As a 29 year resident I would like to be involved with the City to give back to the community as it has provided a great pl ace for me and my wife to raise our family . ., I certify that all statements made on this appl ication are true and correct to the best of my knowledge. I have read and understand the duties and responsibili ties of the particular position that I am applying f or and authorize the release of this information. Signature * 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 applicant's race, color, religion, ancestry, national origin, age, gender, sexual orientation, marital status, political affiliation, veterans' status, disabilities, or any medical condition or any other basis protected by federal and state statutes. All applications will remain active for one (1) year from the date received and be kept on file for 2 years for the position(s) applied for. 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. City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-660 MEETING DATE:8/1/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Travis K. Hopkins, Assistant City Manager PREPARED BY:Theresa St. Peter, Interim Human Resources Director Subject: Approval of Professional Services Contract between the City of Huntington Beach and INTERCARE for Workers’ Compensation Third Party Administration of Claims Statement of Issue: Following the issuance and evaluation of a Request for Proposals (RFP)for Third Party Administration of the City’s Workers’Compensation Program,staff recommends awarding a three- year fixed fee contract for claims administration services to INTERCARE, the highest rated firm. Financial Impact: The funds for this contract will be from the Self Insurance Workers’Compensation Fund.The annual fiscal impact during the term of the contract is:Yr.1)$740,528.00;Yr.2)$698,649.00;Yr.3) $719,576.00.Total compensation over three years is $2,158,753.00.The annual contract cost is fixed and contains no auto-adjusting cost escalator or COLA.Funds for Year 1 are included in the FY 2023-24 budget. Funding for Years 2 and 3 will be included in future budgeting cycles. Recommended Action: Approve the Professional Services Contract between the City of Huntington Beach and INTERCARE for Workers’ Compensation Third Party Administration of Claims for a three-year term. Alternative Action(s): Do not approve the Professional Services Contract between the City of Huntington Beach and INTERCARE for Workers’ Compensation Third Party Administration of Claims for a three-year term. Analysis: The City’s current agreement with Acclamation Insurance Management Services (AIMS)to provide third-party claims administration is set to expire on October 31,2023.Following the City’s best practices to routinely search the open market for cost competitive and superior quality services,,the City of Huntington Beach issued an RFP from qualified firms to provide Workers’Compensation Third City of Huntington Beach Printed on 7/26/2023Page 1 of 2 powered by Legistar™ File #:23-660 MEETING DATE:8/1/2023 Party Administration Services for the City. The City’s intent via the RFP process was to evaluate and select the best qualified respondent.The City issued the RFP via Planet Bids and received proposals from three (3)qualified firms.Following a three-phase evaluation process by a panel of industry professionals,including two rounds of interviews,INTERCARE was identified as the highest ranking and most qualified proposer.the Professional Service Award Analysis is attached.Based on the analysis and rankings,staff recommends awarding a three-year agreement for Workers’Compensation Third Party Administration of Claims to INTERCARE. Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1.Professional Services Contract 2.Professional Service Award Analysis City of Huntington Beach Printed on 7/26/2023Page 2 of 2 powered by Legistar™ PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND INTERCARE HOLDINGS INSURANCE SERVICES FOR WORKERS' COMPENSATION THIRD PARTY ADMINISTRATION 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, INTERCARE HOLDINGS INSURANCE SERVICES., a hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to perform workers compensation claim administration 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 CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agt·eement by this reference. These services shall sometimes hereinafter be refened to as the "PROJECT." CONSULT ANT hereby designates Agnes Hoeberling, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance ' of this Agreement. . 23-13181/315103 1 of 12 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSUL TANT in the performance of this Agreement. 3. TERM: TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on November 1, 2023 (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 11 A 11 shall be completed no later than two (2) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit 11 A. 11 This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT 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 CONSUL TANT on a time and materials basis at the rates specified in Exhibit "B,11 which is al1ached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Two Million One Hundred Fifty Eight Thousand Seven Hundred and Fifty Three Dollars ($2,158,753.00). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit II A 11 or changes in the scope of services described in Exhibit II A, 11 CONSULT ANT will undertake such work only after receiving written authoriz ation from CITY. Additional 23 -13181/315103 2 of 12 compensation for s\ich extra work shall be allowed only if the prior written approval of CITY is obtained. 6, 7. METHOD OP PAYMENT CONSULTANT shall be paid pursuant to the terms qf Exhibit 11 B.11 DISPOSITION OF PLANS, ESTIMATES AND pTHERDOCUMENTS 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 CONSULTANT s hall 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, ind emnify 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 (01· CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failme 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 expen se and CITY shall approve selection of CONSULT ANT's cou nsel. This indemnity s hall 23 -1 318 1/J IS 103 3 of 12 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 CONSULTANT. 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: "CONSULTANT hereby agrees to protect, defend, indenrnify 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 CONSULTANT. 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 CONSULT ANT for all cos(s 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 CONSUL T ANT. 23-13181/315103 4 of 12 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 CONSULTANTs professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occunence 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 policy "deductible" of Ten Thousand Dollars ($10,000,00) or less is permitted. A claims-made policy shall be acceptable if the policy forther 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, CONSUL TANT agrees to purchase an extended reporting provision of at least two (2) years to repo1't claims arising from work performed 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 23 -13181/JISI0J 5 of 12 effect ConsultanCs 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 performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT 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, 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 (I 0) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insUl'ance 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, 23 -13181/315103 6 of 12 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting al all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secme 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 CONSUL TANT 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 OP AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hernunder 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 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 CONSUL TANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated 01· subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY, If an assignment, delegation or subcontract is apprnved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 23-13181/315103 7 of 12 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 lo 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 envelo pe, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying th e other parly via personal delivery, a reputable overnight carrier 01· U. S. certified mail-return receipt requested: TO CITY: City of Hunti ng ton Beach ATTN: Dir, of Community Development 2000 Main Street Huntington Beach, CA 92648 23-1318 1/315 103 8 of 12 TO CONSULTANT: lntercare Holding Insurance Services ATTN: Agnes Hoeberling, President 999 Town and Country Road Orange, CA 92868 17. CONSENT 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 constrncd 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 neuter gender and singular or plural number I shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be constrned so as to require the commission of any act 23-13181/315103 9 of 12 contrary to law, and wherever there is any conflict between any prnvision contained herein and any present or foture 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 011ly 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 CONSUL TANT 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 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 Charier 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 incmred by CONSULT ANT. 23-13181/315103 10 of 12 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 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 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 co1.msel 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, 23-13181/J 15103 11 of 12 pl'Omise1 11greement 1 wmr11nty 1 foct 01· cil'C\lmstimce not expressly set fol'th in this Agreement. This Agreem e11l, and the attached cxh!bits 1 contain the entire ogl'eement between the parties respecting the subject matter of this Agreement> nnd supersede all prior understandings nnd agreements whether oral 01· In writing between the parties respecting the subject maUel' hereof. 29. Ef?FECTIVE DATE This Agreement shall be effective on the date of its npprovnl by the City Attorney. This Agl'eement shall expire when terminated as provided herein, IN WITNESS WHEREOF, the pnl'lles hereto have caused this Agl·eemenl to be executed by nnd through their authorized officers. CONSULTANT, INTERCARE HOLDINGS INSURANCE SERVICES a . H1J{Yv~~6 By: ____________ _ Agnes Hoeberling p\'lnl llntllC ITS: (circle one) Cholnn11n/PrcsldQ111/Vlce l'resl<lenl AND By:~~ fo;Ellington )lt"lnl nn,.1110....,. ____ _ ITS: (cll'c/e one) Sccrclorl/chlgf Pi11auclnl Ortlccr/ .lssl, Secrehll)' -Trensm·ct· 23-13181/31$103 12of12 CITY OF HUNTlNGTON BEACH, a 1mmicipal cor1)01·atio11 of the State of California City Managel' INlTIA TED AND APPROVED: Acting Directol' of Humim Resomccs APPROVED AS TO FORM: City Attorney Date ____________ _ RECHlVE AND FILE: City Clerk Dale --------~---- 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 parti es respecting the subject matter hereof, 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney . This Agreement shall expire when terminated i:1s provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, INTERCARE HOLDINGS INSURANCE SERVICES By: ____________ _ print name ITS: (circle one) Chainnnn/PrcsidenVVice President AND By: ___________ _ print name ITS: (circle 011e) Secretary/Chief Financinl Officer/ Asst. Secretary-Trcasmer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California City Manager INITIATED AND APPROVED: ..---\~c~-~ ~-\N Interim Director of Human Resources RECEIVE AND FILE : City Clerk Date -------------- 23-13181/315103 12 of 12 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Administer the City's claims for Workers' Compensation benefits in accordance with the requirements of the Workers' Compensation laws of the State of California; provide the City with cost effective claims administration while delivering value added services with measurable results and better outcomes. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: ' . CONSULTANT'S duties and responsibilities shall follow provisions specified in the City of Huntington Beach Scope of Work shown in Exhibit Al. Detailed services shall include but is not limited to the Scope of Work in Exhibit Al. C. CITY'S DUTIES AND RESPONSIBILITIES: City shall collaborate with CONSULTANT to promote compliance with Scope of Work requirements; foster a high level of communication, trnst, transparency, and commitment which is imperative to the success of the program. D . WORK PROGRAM/PROJECT SCHEDULE: Work program is required per the Scope of Services requested by the CITY. EXHIBIT A EXHIBIT A.1 ACCLAMATION INSURANCE MANAGEMENT SERVICES SCOPE OF SERVICES Program Administration • The selected Cons1.1ltant (TPA) firm will interface directly with the City's injured employees in close coordination with Risk Management. • Inform the City of proposed changes in statues, rules and regulations, and case law affecting the workers' compensation program. Dcclicated/Designatccl Assigned Personnel • The Consultant/TP A shall provide at least two and ½ dedicated claims examiners to the City's account. • The Consultant/IP A shall provide a designated claims unit supervisor that will regularly review the work product of the claims examiner(s). • Claims examiner(s) must be certified with the State of California and be experienced dealing with public safety officers. • ConsultantffPA shall provide sufficient team of claims examiner(s) that are dedicated to the City's account and maintain a caseload of approximately 150 claims. • ConsultantffPA will continue to staff the City's account with a blend of current experienced personnel and new hires if needed. Claims Management Services • Administer Workers' Compensation benefits in accordance with the Labor Code. • Make initial contact with the employee and establish a claims file ·within 24 hours of receipt of the Employer's First Report oflnjury for the City . Claim files will be available for review by the City at any time during the TPA's regular bu s iness homs. • The Consultant/TPA must resolve City issues immediately to the City's satisfaction. This may include reassignment of claims examiner(s) staff. • The compensability determination (accept claim, deny claim, or delay acceptance pending the results of additional investigation) and the reasons for such <;letermination • Provide guidance and information regarding Workers' Compensation benefits to City employees. • Respond to City staff inquiries within twenty four (24) hours and critical issues on the same day. • Monitor treatment programs for injmed employees to ensure that they receive proper care and to avoid over treatment situations. • Establish claim resei·ves and provide a continual review and update of re serves to reflect changes during the life of the claim. • All reserves initial or changes are to be documented by the completion of a Reserve Worksheet contained within the Claims Information Management System. The reserve rationale must be completed for each entry into the Claims Information Management System. The basis for establishing rnserves shall be clearly documented in every reserve worksheet and case notes as applicable. EXHIBIT A • Reserve worksheets are prepared to support any changes made in reserving amounts and can be provided to the City in support of a reserve increase or other change. This information is made available to the City through online viewing <>f the Claims Examiner's electronic file notepad. If the City desires, prior to any reserve change of a pre~agreed amount or level, the Claims Examiner will confer with appropriate City personnel to discuss the merits of the proposed change. • Claims Examiner will review and evaluate the reserve adequacy and possible closure at 30 to 90 day intervals or as designated by the City. • The Consultant/TPA should pursue actions of abuse of the Workers' Compensation system or suspected fraud. • Investigate and recommend special, outside independent investigations for questionable claims with the consent, coordination and assistance of the City of Huntington Beach. • City authorization shall fast be obtained before initiating any field investigation. The ailthorization will be documented in the notepad section of the claims file. • The claims examiner shall obtain the Cit/s authorization on all claim settlements. • All penalties incurred because of fail urn of the Consultant to comply with statutory laws and/or reimbursement should be brought to the City's attention, and shall be the sole responsibility of the third party administrator and reimbursement shall be made on a quarterly basis. • The ConsultantffPA will be responsible to identify subrogation opportunities and in consultation with Risk Management, will be called upon to pursue subrogation. • The Consultanlff PA will be required to conduct file/claims reviews at the discretion of the City of Huntington Beach. • Assist with the ongoing development and maintenance of the Alternative Dispute Resolution (ADR) carve-out progrnm. • Consultant/claims examiner will seek approval from the City/Risk Management when assigning a specific nurse case manager to individual claim files. • Claims examiner will seek approval from the City's Risk Management Department when assigning specific vendors to provide durable medical equipment for specific claim files. • Claims examiner shall obtain the City/Risk Management authorization to assign legal counsel to specific claim files. • Claims examiner will seek approval from the City/Risk Management when assigning sub rosa/surveillance and/or social media for specific claim. files. Claims Management Softwna·c • The claim's management software should provide a claim description, financial data, and ad hoc reports on claims using criteria such as reserves, paid, indemnity, etc. • The claims management system must be read-only accessible to City of Huntington Beach Risk Management with licensing allowing a minimum of three (3) individual computers to access claim information simultaneously. • The selected firm will be required to provide training to Risk Management staff on report generation and the use of software. EXHIBIT A Reporting • Reports generated by the TP A should be furnished to the City in paper or electronic form as requested. • Provide customized rep orts as needed upon reasonable request. • Provide a monthly administrative report in Excel format, including information such as: o Number of claims, medical only, indemnity and reporting only o Number of closed claims o Number of active files assigned to each claims adjuster o Indemnity paid in 4850 benefits, TD, PD, Death and Rehabilitation Benefits o Expenses paid o Cases assigned to counsel, investigators and nurse advocate o Amounts recovered in apportionment or subrogation o Number of litigated cases o List of cases settled dudng the month, indicating the amount of the settlement and method/type of settlement o Legal report reflecting defense attorneys with monthly billing/expense and year-to- date current total spend. o Report reflecting detailed durable medical equipment spend. • Provide the following annual report to Risk Management: o Assemble and submit workers' compensation claims data as required for State reports, including the self-insurance report to Industrial Relations. State reporting shall be only for the Cla ims Management Services and shall no t include reporting for the Managed Care Program Consultants. Assemble and submit data needed for actuarial studies performed on the City's Workers' Compensation Program o OSHA 300 log of Work"Related Injuries and Illnesses; and OSHA 300A Summary of Work-Related Injuries and Illnesses o The anmrnl carve out reporl for the ADR program as requit'ed by the State of Ca lifornia o Annual Stewardship Report with pertinent statistics for benchmarking and ADR program, measuring the City of Huntington Beach's workers' compensati on program Banking, Tax Reporting & Fin:mcial Needs • City of Huntington Beach will establish and maintain a bank acco unt from which TPA will issue checks for payment of services and benefits. • The TPA will provide weekly to City of Huntington Beach's Risk Management and Finance Department a check register, indicating date, check number, payee, reason for payment and amount paid, in Excel/spreadsheet format, • The City of Huntington Beach Finance Department will reco ncile bank account statements against check registers provided by the TPA . • Invoices for replenishment of the City's Trust Account shall be submitted to City weekly on Thursday. The invo ices submitted will replenish the fond expenditures from the previous week. EXHIBIT A • Monthly reconciliation invoices will be submitted at the end of any given month. These invoices will replenish any other funds in the account not covered under the weekly invoices, • Provide any other written documentation to support any changes to the trust account balance. Futnl'c Medical Claims • Reviews shall be documented in the claims notes to include settlement information, outline future medical care, last date and type of treatment, name of excess carrier, excess carrier reporting history. • The claim examiner shall regularly evaluate the claim to determine a reasonable amount for settlement of future medical payments and any remaining benefits due, The reason(s) and calculation(s) for the recommended settlement amount shall be cleal'ly documented. Coordination with Managed Care Program (MCP) Consultants • Consultant/TP A shall be prepared to interface with all MCP / Ancillary service providers in a professional and efficient manner. EXHIBIT A EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULT ANT'S fees for such services shall be based upon the following hourly rate and cost schedule: SEE ATTACHED EXHIBIT B.1 -FIXED FEE PAYMENT SCHEDULE B. Travel. Charges for time dming trnvel 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 incuned 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 umeasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedt1le of performance set forth in Exhibit II A 11 may at the option of CITY be suspended until the patties agree that past performance by CONSULT ANT is in, or has been brought into compliance, or t1ntil this Agreement has expired or is terminated as provided herein. EXHIBIT A 5. Any billings for extra work 01· 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 . S\tch approval shall not be unreasonably withhe ld. 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 A EXHIBITB.1 FIXED FEE PAYMENT SCHEDULE '', ... 1Jl,ffi,D .Pf\7l'.:fX\::: . . : : ADMINISTRATION ·::, Contract Years Claims Administrationl ADR Administration1 Account Management ... ·········-·-1~~]~ff ~~· -_J~:~::o::·~;:~!~~:~:··· -I EXTENSION YEARS Claims Administration ADR Administration Account Management List extra fees for Claims Transition from cunenl TP A lo newly contracted TP A, if any, for FY 23/24 .. ··-··-·--· FY 26-27 i 'fiy 27:28 - $736,8S9 ,76 j $758,965.56 ------________ ,. ___ --~·: ________ ,.... . $2,771.79 $2,868 .81 ----·--------- $7 ,000,00' ___ .L_ ' ! L __ 1 The claims administration fee is a fixed flat annual fee which reprnsents 3% of the City's $23,417,160 in outstanding claim liabilities. As we discussed in the cover letter, we feel there is an opportunity to reduce some of the City's pending inventory and associated claim liabilities. As a result, we will be able to reduce our fee in year 2 lo reflect these expected results. The staffing model is based on the following assumptions: • Claim Volume: approximately 150 new claims per year and 526 pending ( open) claims includingl6 Medical Only (MO), 290 Future Medical (FM) and 220 Indemnity (IN) claims. • Average Caseload not to exceed 150 indemnity claims per examiner. In calculating the staffingmodel, MO and FM claims were given a 2: 1 ratio per rN claim. • The staffing model includes a designated Supervisor and 1 dedicated claims assistant to supportthe examiners; a designated Account Manager will also be assigned to the program and a Project Manager familiar with the program will provide assistance and training in Year 1 to ensure a smooth and seamless transition. 2 The Yeal' I fee assumes 2.5 examiners will be assigned to the program initially. Om· approach to onboarding new programs include a triage of all new claims in year I. 2.5 adjusters is needed in order to reduce the pending inventory, 3 Interc1we's SWORT program has been proven to reduce pending inve11to1y by 12-20% by the end of the first contract year. Year 2 fees shows the reduction in the pending inventory plus a 3% increase. Subsequent contract years also shows 3% increase. The reduced fee in Year 2 assumes the average number of new claims reported will not exceed I SO per year, EXHIBIT A '1 This is the estimate to program the annual report and letters for the administration of the City's ADR progrnm. If the ADR conespondence and workflow we arc cmrently using for our other programs is sufficient to the City and no additional programming and maintenance needs to be developed and implemented, this fee could be lower. 5 The data conversion fee is a one-time fee payable in year I to migrate historical data including closed claims from the incumbent's system to our claim system. Intercare will provide 4 RMIS user licenses at no charge for the 1 s1 year of the program. Beginning year 2and 3, we will provide 3 user licenses at no charge and all others will be billed at $1,500.00 per user, per year. Exhibit B ' . ~ INTEHOL-06 JBAXTER1 ACORD" CERTIFICATE OF LIABILITY INSURANCE l DAT!l [M~VDDNYYY) ~ 7/25/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVE LY OR NEGATIVELY AMEND, EXTEND OR A LTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER{S), AUTHO RI ZE D REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDIT IONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and condi tions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights t o the certificate holder In lieu of such endorsement{s). PRODUCER License# 0767776 1121:tff,CT Vance Morri s HUB International Insurance Se rv ices Inc. rlJ8Ntro Extl: (858) 373-6979 I FAX 9866 Scranton Road IA/C,Nol: Suite 100 'i':lffi!I!.,.,, Vance,Morris@hublnternatlonal.c om San Diego, CA 92121 INSURER!Sl AFFORDING COVERAGE NAIC# INSURER A: Hartford Accident and lndemnltv Companv 22357 INSURED INSURER B: Trumbull Insurance Comp any 27120 lntercare Holdings, LLC INSURER c: H artford Casual tv Insurance ComPanv 29424 6020 W, Oaks Blvd Ste. 100 INSURER D: Hartford Insurance Gro up 914 Rockli n, CA 96766 INSURER E: l ronshore Speclal tv Company 25445 INSURERF: COVERAGES CERTIFICATE NI IMBER: REV ISI ON NU MBER: THIS lS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOT\I\HHSTANDING ANY REQUIREMENT, lERM OR COND ITION OF ANY CONTRACT OR OTHER DOCUMEN T \NI TH RESPECT TO WH ICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HERE IN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND COND ITIONS OF SUCH POLICIES. I.IMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~~: TYPE OF INSURANCE ~..?J>.!-I~~~ POLICY NUMBER POLICYEFF POLICY EXP LIMITS t•llllOONYYYI /1,IWnDNYYYI A X COMMERCIAL GENERA L LIABILITY EACH OCCURRENCE ,:: 1,0 00,000 I-0 CLAIMS-MADE 0 OCCUR 72 UUN DQ7629 6/1/2023 6/1/2024 gw,1r.,H?E~~J.~~~A, s 300,000 ~ MED EXP (Any <>no Porsonl s 10,000 1---PERSONAL & ADV INJURY ,:: 1,000,000 2,0 00,000 AL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY □ ~f& [Kl LDC PRODUCTS • COMP/OP AGG s 2,000,000 OTHER: s B ~TOMOBILE LIABI LllV F~~~~~.flNGLE LIMIT s 1,000,000 ,___ ANY AUTO -72 UEN DQ7826 6/1/2023 611/2024 BODILY INJURY /Per oersonl $ O~ED SCHEDULED ~ AUTOS ONLY ,___ AUTOS BODILY INJURY (Pet a«ldenl1 s X ~IM?soNLY X ~Broi"mt~ r~?~~J;:;,rAMAGE $ ,___ ,:: C X UMBRELLA LIAII ~ OCCUR EACH OCCURRENCE $ 10,000,000 ,___ 72 XHU D09790 6/112023 6/112024 10,000,000 EXCESS LIAB ClAIMS·MAOE AGGREGATE s DEO I X I RETENTION$ 10,000 ,:: D WORKERS COMPENSATION XI ~~fnJTe I I ~JH· AND EMPLOYERS' LIABILITY YIN 72WEAX8XS4 6/112023 6/1/2024 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE □ E.L. EACH ACCIDENT s ~FFICE~lljM~m EXCLUDED? N/A 1,000,000 Manda ory n ) E.L. DISEASE -EA EMPLOYEF ,:: ~i;i~rtri~~ ~1~0 ERATIONS below E.l. DISEASE -POLICY LIMIT s 1,000,000 E Errors & Ommlssions HC7GAB607Z003 1/28/2023 1/2812024 Each Claim 10,000,000 E Errors & Ommlssions HC7GAB6072003 1/2812023 1/2812024 Each Claim 10,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHIC LES (ACORD 101, Additional Remarks Schedule, may be attached ~~G)Mm~li\~ U l"()RIVI cc~ 11\(_: ~--~ res - MIGHAEL fi , GA CITY AT!OflNt:Y t-ll''f of HUNT INGT ON BEACH CERTIFICATE HO L DER CANCELLATION SHOULO ANY OF THE ABOVE DESCRIBEO POLICIES BE CANCELLED BEFORE Ci ty of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS . 2000 Mai n Street Huntington Beach, CA 92648 AUTHORIZED REPRESEN TATIVE I ~~ ACORD 26 (2016/03) © 1988-2015 ACORD CORPORATION, All rights reserved . The ACORD name and logo are registered marks of ACORD PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: Workers’ Compensation Third Party Administrator SERVICE DESCRIPTION: Provide Workers’ Compensation claims administration VENDOR: INTERCARE Insurance Services OVERALL RANKING: 1 SUBJECT MATTER EXPERTS/RATERS: 1. City of H.B. Interim Human Resources Director, 2. City of H.B. Risk Manager 3. City of H.B. Assistant City Manager 4. City of H.B. Human Resources Manager 5. City of Long Beach Workers’ Compensation Program Mgr. 6. City of San Diego Workers’ Compensation Program Manager 7. County of Orange Workers’ Compensation Program Manager I. MINIMUM QUALIFICATIONS REVIEW  Written Proposal Score: 1146 INTERCARE – Minimum Qualifications Review Criteria Total Weighted Score Maximum Score Compliance with RFP 142 150 Technical Approach 275 375 Qualifications 295 375 Partnership Strength 224 300 Cost 210 300 Total 1146 1500 II. DUE DILIGENCE REVIEW  Interview Ranking: 1 INTERCARE – Summary of Review  Highest score overall (Proposal and Interviews)  Excellent claims handling team  Alternative Dispute Resolution experience  70% of business currently with public entities  Excellent reference checks INTERCARE – Pricing  Most competitive pricing for claims handling with an opportunity to reduce some of the City’s pending inventory/claim liabilities which enables a reduction of their fee in year 2 to reflect these expected results. I I PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: Workers’ Compensation Third Party Administrator SERVICE DESCRIPTION: Provide Workers’ Compensation claims administration VENDOR: Vendor #2 OVERALL RANKING: 2 SUBJECT MATTER EXPERTS/RATERS: 1. City of H.B. Interim Human Resources Director, 2. City of H.B. Risk Manager 3. City of H.B. Assistant City Manager 4. City of H.B. Human Resources Manager 5. City of Long Beach Workers’ Compensation Program Mgr. 6. City of San Diego Workers’ Compensation Program Manager 7. County of Orange Workers’ Compensation Program Manager I. MINIMUM QUALIFICATIONS REVIEW  Written Proposal Score: 1054 VENDOR #2 – Minimum Qualifications Review Criteria Total Weighted Score Maximum Score Compliance with RFP 120 150 Technical Approach 250 375 Qualifications 280 375 Partnership Strength 244 300 Cost 160 300 Total 1054 1500 II. DUE DILIGENCE REVIEW  Interview Ranking: 2 VENDOR #2 – Summary of Review  Methodology and approach is good  Good data analysis/reporting  Alternative Dispute Resolution experience  Public entity accounts experience  Nice reference checks VENDOR #2 – Pricing  Pricing is above industry average standard. I I City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-501 MEETING DATE:8/1/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Travis K. Hopkins, Assistant City Manager PREPARED BY:Theresa St. Peter, Interim Human Resources Director Subject: Adopt Resolution No. 2023-36 of the City Council of the City of Huntington Beach approving the Side Letter to the Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Fire Management Association for the term July 1, 2021 through December 31, 2023 Statement of Issue: This Side Letter provides language that reflects the agreement reached between the City of Huntington Beach and the Huntington Beach Fire Management Association related to the current Memorandum of Understanding. Financial Impact: The total cost for the 10 additional hours of scheduled overtime each work period for 24-hour shift employees through December 31, 2023, is $46,386. The annual cost moving forward based on the current pay for the affected employees is $18,802. This amount is included in the budget for FY 2023/24. Recommended Action: Adopt Resolution No. 2023-36, “A Resolution of the City Council of the City of Huntington Beach Approving the Side Letter to the Memorandum of Understanding Between the City of Huntington Beach and the Huntington Beach Fire Management Association for the Term July 1, 2021 through December 31, 2023” authorizing the Side Letter between the City of Huntington Beach and the Huntington Beach Fire Management Association for the term beginning July 1, 2021 through December 31, 2023. Alternative Action(s): Do not adopt Resolution No. 2023-36 authorizing the Side Letter between the City of Huntington Beach and the Huntington Beach Fire Management Association for the term beginning July 1, 2021 through December 31, 2023. City of Huntington Beach Printed on 7/26/2023Page 1 of 2 powered by Legistar™ File #:23-501 MEETING DATE:8/1/2023 Analysis: As part of the negotiations for the current Memorandum of Understanding for Huntington Beach Fire Management Association effective July 1, 2021 through December 31, 2023, the City and Fire Management representatives agreed to amend the work period to a 24-day period for 24-hour shift employees and pay overtime at time-and-one-half for the 10 additional hours scheduled as overtime hours each work period. Additionally, it was agreed that employees would be provided the opportunity to be paid time and one-half for overtime worked in addition to being able to receive compensatory time. These changes were inadvertently omitted from the language included in this Memorandum of Understanding. Environmental Status: Not applicable. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1.Resolution No. 2023-36 2.Proposed Side Letter - Exhibit “A” 3.Presentation City of Huntington Beach Printed on 7/26/2023Page 2 of 2 powered by Legistar™ RESOLUTION NO. 2023-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE SIDE LETTER TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND THE HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATON FOR THE TERM JULY 1, 2021 THROUGH DECEMBER 31, 2023. WHEREAS, the Parties are parties to a Memorandum of Understanding ("MOU") which has a term of July 1, 2021 through December 31, 2023, and WHEREAS, through this Agreement, the Parties wish to prospectively modify the work period of twenty-four (24) hour shift employees to a 24-day work period and to provide these employees with 5.85 additional hours of half-time overtime (equaling 2.925 hours of additional pay) per 14-day pay period; and WHEREAS, the calculation of this additional pay is derived at as follows: There are 15.20833 24-day FLSA work periods per year 365 days divided by 24 = 15.20833. The threshold for overtime under a 24-day FLSA work period is 182 hours. These employees are scheduled to work 192 hours. As such there are 10 hours of scheduled overtime each work period. Since employees' regular pay pays them for the straight time for their regularly scheduled hours, the overtime is the halftime of the 10 hours. The calculation is then derived at as follows: 15.20833 work periods x 10 hours= 152.0833 hours x .5 = 76.04 hours of pay per year. 76.04 divided by 26 pay periods 2.925 hours of additional pay per pay period; and WHEREAS, language related to overtime pay was inadvertently omitted from this MOU; and WHEREAS, through this Side Letter, the Parties wish to retroactively modify the language related to Article VII, Paragraph A of their MOU effective July 1, 2021, and WHEREAS, the following sets forth the Parties' Agreement. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. The Side Letter of Agreement attached hereto as Exhibit A is approved and adopted. 2. The Side Letter of Agreement amends the MOU between the City of Huntington Beach and FMA. RESOLUTION NO . 2023-36 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held on the 1st day of August, 2023. Mayor ATTEST: City Clerk REVIEWED AND APPROVED: INITIATED AND APPROVED: City Manager ---r~s~civ Interim Director of Human Resources Exhibit A -Side Letter Agreement 2 RESOLUTION NO. 2023-36 SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION This Side Letter of Agreement (Agreement) between the City of Huntington Beach (City) and the Huntington Beach Fire Management Association (HBFMA) (collectively "Parties") is entered into with respect to the following: ARTICLE VIII-WORK SCHEDULES,:OVERTIME AND COMPENSATORY PAY/TIME OFF A. Work Schedule 1. All twenty-four (24) hour shift employees shall work an average of fifty-six (56) hours per week pursuant to the current schedule of two (2) twenty-four (24) hour shifts in a two (2) day period with four ( 4) consecutive days off. Total hours worked in a calendar year will equal two thousand nine hundred and twelve (2912) hours. All twenty-four (24) hour shift employees shall be on a fifteen (15) day work period (effective July 1, 2021, the work period is changed to a twenty-four (24) day work period consistent with Section 207(k) of the Fair Labor Standards Act (FLSA). 2. Administrative work schedules are to be forty (40) hours per week on a four (4) day workweek, ten (10) hours per day, per the twenty-eight (28) day 7(k) FLSA work period. Total hours worked in a calendar year will equal to two thousand, eighty (2080) hours. 3. Hours worked shall be defined as actual time worked, approved vacation, sick leave, compensatory time off, bereavement leave, and industrial injury or illness leave, with the exception of exchange of shift not count as hours worked. B. Overtime 1. Effective July 1, 2021, 24-hour shift employees shall earn 5.85 hours of half time overtime per pay period. This equates to an additional 2.925 hours of additional base pay per pay period. Since the City considers these employees to be ove1iime exempt under the FLSA, this additional pay is paid per the MOU. This additional pay is intended to compensate the employees for the hours they are regularly scheduled to work in each 24-day FLSA work period, which qualify as ove1iime according to Section 207(k). 3 RESOLUTION NO. 2023-36 C. Compensatory Pay/Overtime 1. In addition to the overtime pay as provided in paragraph B above, all employees shall receive pay at the overtime rate ( 1 ½ times their regular rate) for hours worked in excess of regularly scheduled hours, unless the employee has "lost time" ( defined as time when the employee does not work when regularly scheduled to do so and does not receive a leave of absence with pay) in a regularly scheduled shift. Ifthere is "lost time" in any regularly scheduled shift, the employee shall receive overtime pay for only those overtime hours worked in excess of the number of "lost time" hours in the bi-weekly pay period. 2. Prior approval to accrue compensatory time/overtime All employees must gain approval from the Fire Chief in advance of accruing compensatory time or receiving overtime pay for hours worked in excess of regularly scheduled hours. For approved compensatory time or overtime, employees working suppression or administrative duties, as approved by the Fire Chief, accrue compensatory time off or paid overtime at time and one half for hours worked in addition to their regular schedule, subject to the limitations contained in Article VIII, C,3 below. FOR THE CITY OF HUNTINGTON BEACH Al Zelinka, City Manager Date Peter Brown, Chief Negotiator Date FOR THE HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION Martin Ortiz, President Date APPROVED AS TO FORM Michael Gates, City Attorney Date 4 B. RESOLUTION NO. 2023-36 SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION This Side Letter of Agreement (Agreement) between the City of Huntington Beach (City) and the Huntington Beach Fire Management Association (HBFMA) ( collectively "Parties") is entered into with respect to the following: ARTICLE VIII -WORK SCHEDULES,:OVERTIME AND COMPENSATORY PAY/TIME OFF A Work Schedule 1. All twenty-four (24) hour shift employees shall work an average of fifty-six (56) hours per week pursuant to the current schedule of two (2) twenty-four (24) hour shifts in a two (2) day period with four ( 4) consecutive days off. Total hours worked in a calendar year will equal two thousand nine hundred and twelve (2912) hours. All twenty-four (24) hour shift employees shall be on a fifteen (15) day work period (effective July 1, 2021, the work period is changed to a twenty-four (24) day work period consistent with Section 207(k) of the Fair Labor Standards Act (FLSA). 2. Administrative work schedules are to be forty ( 40) hours per week on a four ( 4) day workweek, ten (10) hours per day, per the twenty-eight (28) day 7(k) FLSA work period. Total hours worked in a calendar year will equal to two thousand, eighty (2080) hours. 3. Hours worked shall be defined as actual time worked, approved vacation, sick leave, compensatory time off, bereavement leave, and industrial injury or illness leave, with the exception of exchange of shift not count as hours worked, Overtime 1. Effective July 1, 2021, 24-hour shift employees shall earn 5.85 hours of half time overtime per pay period. This equates to an additional 2.925 hours of additional base pay per pay period. Since the City considers these employees lo be overtime exempt under the FLSA, this additional pay is paid per the MOU. This additional pay is intended to compensate the employees for the hours they are regularly scheduled to work in each 24-day FLSA work period, which qualify as overtime according to Section 207(k). 3 C. RESOLUTION NO. 2023-36 Compensatory Pay/Overtime 1. In addition to the overtime pay as provided in paragraph B above, all employees shall receive pay at the overtime rate(! ½ times their regular rate) for hours worked in excess of regularly scheduled hours, unless the employee has "lost time" ( defined as time when the employee does not work when regularly scheduled to do so and does not receive a leave of absence with pay) in a regularly scheduled shift. If there is "lost time" in any regularly scheduled shift, the employee shall receive overtime pay for only those overtime hours worked in excess of the number of "lost time" hours in the bi-weekly pay period. 2. Prior approval to accrue compensatory time/overtime All employees must gain approval from the Fire Chief in advance of accruing compensatory time or receiving overtime pay for hours worked in excess of regularly scheduled hours. For approved compensatory time or overtime, employees working suppression or administrative duties, as approved by the Fire Chief, accrue compensatory time off or paid overtime at time and one half for hours worked in addition to their regular schedule, subject to the limitations contained in Article VIII, C,3 below. FOR THE CITY OF HUNTINGTON BEACH Al Zelinka, City Manager Date Peter Brown, Chief Negotiator Date FOR THE HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION Martin Ortiz, President Date APPROVED AS TO FORM Michael Gates, City Attorney Date 4 Resolution 2023-36 Approving a Side letter with the Fire Management Association CITY OF HUNTINGTON BEACH CITY COUNCIL MEETING August 1, 2023 Overview As part of the current MOU, effective July 1, 2021 through December 31, 2023, language related to overtime pay for 10 additional hours of scheduled overtime each work period was agreed to by the parties Additionally, the parties agreed that FMA would be paid at 1.5 for overtime hours worked. These changes were inadvertently omitted from the MOU. Fiscal Impact The total cost related to the 10 additional hours of scheduled overtime retroactive to 7/1/21 is $37,708. Going forward this cost $18,802 per fiscal year. No additional funding is required as this is included in the FY 2023/24 budget. City Council Options Approve Resolution 2023-36 Approving the Side Letter between the City and FMA Do not approve Resolution 2023-36 Approving the Side Letter between the City and FMA Questions? City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-656 MEETING DATE:8/1/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager PREPARED BY:Theresa St. Peter, Interim Director of Human Resources Subject: Pursuant to the Non-Associated (NA) Resolution, approve Pay Step for new hire, Chief Assistant City Attorney, Randy J. Risner, and authorize the City Attorney to enter into such an employment contract Statement of Issue: The City’s former Chief Assistant City Attorney separated on June 30, 2023. To fill this critical position, a recruitment was conducted for Chief Assistant City Attorney. The City Attorney has selected Randy J. Risner, a candidate with qualifications that warrant appointing him at Step G on the approved salary scale. Per the Non-Associated Employees Pay and Benefits Resolution, salary for a new Non-Associated employee that is set above Step E requires City Council approval. Financial Impact: No additional funding is requested. Funding is included in the FY 2023-2024 budget. Recommended Action: Approve NA Salary Schedule Pay Step G effective April 1, 2023 for new hire, Chief Assistant City Attorney, Randy J. Risner and authorize the City Attorney to enter into such an employment contract . Alternative Action(s): Do not approve the Pay Step for new hire, Chief Assistant City Attorney, Randy J. Risner. Analysis: Mr. Risner has over 28 years of experience representing California cities and public agencies, including 4 years as a Chief Assistant City Attorney for a full service city in Northern California. Mr. Risner holds a Juris Doctor from San Joaquin College of Law, is an active member of the State Bar of California, and a Retired Colonel and Judge Advocate General with the California State Guard. In order to attract this highly qualified applicant and induce him to accept the job as the top candidate, the Pay Step is recommended at Non-Associated/Appointed Pay Grade 267, high point at step G ($105.90 hourly); and he will accrue General Leave at the rate of 256 hours per year. The annual Salary is $220,272. Mr. Risner will otherwise receive all benefits generally applicable to non- City of Huntington Beach Printed on 7/26/2023Page 1 of 2 powered by Legistar™ File #:23-656 MEETING DATE:8/1/2023 associated employees hired after 12/27/1997, as set forth in City Council Resolution No. 2022-09. Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: Non-Applicable - Administrative Item Attachment(s): 1.Chief Assistant City Attorney Recruitment Brochure 2.Resume, Randy J. Risner 3.Exhibit 1 - Non-Associated Appointed Salary Schedule Effective April 1, 2023 City of Huntington Beach Printed on 7/26/2023Page 2 of 2 powered by Legistar™ City of Huntington Beach, California CHIEF ASSISTANT CITY ATTORNEY Recruitment Services Provided By The Opportunity The City of Huntington Beach offers a truly unique opportunity for experienced California municipal attorneys. As one of the few cities with an elected City Attorney, the Chief Assistant serves an oversized role, with a great deal of autonomy and prestige but without the negative aspects of the top spot. Additionally, the next Chief Assistant will have the opportunity to be part of a City that is leading the way in its effort to protect its local control. The City of Huntington Beach is in northwestern Orange County 35 miles southeast of Los Angeles and 90 miles northwest of San Diego. The City encompasses 28 square miles of land and 26 square miles of water, making it the 24th largest city in California. With a population of about 202,265 residents, Huntington Beach is the fourth largest populous city in Orange County. Known as “Surf City USA,” Huntington Beach features nearly 8.5 miles of spacious beaches and hosts an annual visitor population of over 11 million people, especially during the summer, and features numerous large-scale special events, surf competitions and festivals. Even with its swell of visitors, Huntington Beach has been listed for decades as among the FBl’s safest cities in the nation. In 2022, WalletHub ranked the City of Huntington Beach #1 in the nation for quality of services to residents. Huntington Beach also consistently ranks near the top of WalletHub’s annual rankings of the happiest cities in the country. Huntington Beach is home to a thriving beach community and is consistently named as one of the top ten beaches in California. The City has one of the largest recreational piers in the world and has the longest concrete pier in California. Running parallel to the Pacific Coast Highway and just steps from the ocean is a ten-mile strand perfect for biking, inline skating, jogging, or a leisurely stroll. Huntington Beach boasts a wide variety of municipal ame- nities. It has a world-class Central Library with four branch libraries. The City’s park system includes 79 public parks The City Of Huntington Beach (including a dog park), riding stables, and the largest city- owned and operated regional park in Orange County - the 356-acre Huntington Central Park. Residents enjoy five recreation centers (including a senior center), three miles of equestrian trails, two golf courses, 72 tennis courts, a marina, and a protected wildlife preserve. Huntington Beach draws some of the largest crowds in the world for its popular events, including the U.S. Open of surfing, AVP Pro Beach Volleyball, the Surf City Marathon, and the Pacific Air Show. It’s also home to the International Surfing Museum, the Surfing Walk of Fame, the Surfing Hall of Fame, the Bolsa Chica Ecological Reserve, and the Huntington Beach Art Center. The community’s 35 elementary schools and five public high schools frequently receive local, state, and federal awards and honors, including recognition as California Distinguished Schools and National Blue Ribbon Schools. Golden West College, a community college, is also located in the city. Orange Coast College; the University of California, Irvine and California State Universities at Long Beach and Fullerton also provide convenient proximity to higher education. Huntington Beach is an extremely diver- sified business community. No single business or industry dominates the local economy, which supports leading commercial, industrial, and recreational industries ranging from tourism and leisure to aerospace, high technology, and advanced manufacturing. To learn more about the City of Huntington Beach, please visit www.huntingtonbeachca.gov. Huntington Beach was incorporated as a Charter City in 1909 and operates under the Council/Manager form of govern- ment. A seven-member City Council serves as the governing body. Members are elected at-large to four-year overlapping terms. City Council members are limited to two consecutive terms. The City Attorney, City Clerk, and City Treasurer are also elected and serve four-year terms. The Mayor and Mayor Pro-Tern roles are designated on an annual rotating basis. The City’s 12 major departments include the City Attorney, City Clerk, City Treasurer, City Manager, Community Development, Community & Library Services, Finance, Fire, Human Resources, Information Services, Police, and Public Works. The City is supported by 989.75 FTE, approximately 500 part-time employees, and a General Fund budget of $269 million ($532 million all funds). Huntington Beach main- tains an AAA credit rating by Fitch. Organizational Culture: The OneHB Mission • One Team: We are one team working together to serve the people of Huntington Beach exceptionally to inspire pride in our community. • One Focus: We have one focus ... to stay fanatical about achieving municipal excellence by being active caretak- ers of our unique, people-centric HB culture. • One Goal: We have one goal ... to ensure that HB continu- ally improves its standing as a premier coastal community as measured through the health of our people, our orga- nization, our infrastructure, and our community. City Government The mission of the Huntington Beach City Attorney’s Office is to provide the best representation to the City in all legal matters and before administrative bodies, and to provide excellent, effective legal counsel and services to the City Council and to all officers of the City, and provide superior representa- tion for the City in court litigation and prosecutions on behalf of the people for violations of the City Charter and Municipal Code. The Office of the City Attorney represents and advises the City Council and all City officials on matters of law pertaining to the business of the City of Huntington Beach. Among other things, the City Attorney prepares and/ or reviews all City ordinances, resolutions, contracts, and other legal doc- uments; and attends City Council, Planning Commission, City Staff and other meetings. The City Attorney also prosecutes on behalf of the people criminal cases arising from violation of the provisions of the City Charter or Huntington Beach Municipal Code, and such state misdemeanors as the City has the power to prosecute. This office also administers the Administrative Citation Program. The City Attorney’s Office consists of an elected City Attorney, a Chief Assistant City Attorney, two Assistant City Attorneys, two Sr. Deputy City Attorneys, a Deputy City Attorney, and four support staff. The City Attorney’s Office has two divisions: Litigation Services and Municipal Services. The City Attorney’s Office By charter, the voters of Huntington Beach elect a City Attorney who provides overall leadership of the City Attorney’s Office. The Chief Assistant assists the City Attorney in supervising and overseeing the operations of the City Attorney’s office. In the absence of the City Attorney, the Chief Assistant assumes all the responsibilities of the City Attorney, including advising City Council and City Administration. Key responsibilities include: •Assisting the City Attorney in administering the City’s legal functions •Serving as senior counsel in providing advice to, and on behalf of, the City in matters of municipal and state law. •Oversee transactional law matters for the City Council and city operational departments. •Analyzing and researching legal problems, preparing opinions, conferring with and advising City officials, staff, departments, advisory bodies and commissions on legal questions pertaining to their respective powers, duties functions and obligations •Monitoring proposed legislation and court decisions related to municipal law and activities, as well as evalu- ating the impact to City operations The Position •Supervising professional and support staff, providing and coordinating staff training, working with employees to correct deficiencies, and implementing disciplinary actions •Implementing cost control procedures for outside coun- sel and monitoring legal department contracts for com- pliance •Performing the duties of the City Attorney in the absence of the City Attorney •Maintaining effective and extensive professional rela- tionships with representatives of other local, state, and federal agencies •Performing other such legal duties consistent with the City Charter as may be required by the City Council The Chief Assistant City Attorney for the City of Huntington Beach must be a solid municipal attorney, ideally with the following characteristics and experience: • Significant municipal law experience, with an emphasis on experience with land use matters. • The City Attorney is seeking candidates who have a strong problem-solving approach, and an innate curi- osity to explore alternative avenues to accomplish the City’s policy goals. Experience gained in charter cities is particularly valuable in this regard, as the City is keenly interested in exerting its local control. • The staff in the City Attorney’s Office are excellent, and the next Chief Assistant should continue the track record of providing effective and supportive leadership in an easygoing and collegial environment. • The best candidates will place a high priority on ensur- ing that the high-quality work of the office is delivered in a very responsive manner. • The City Attorney seeks a Chief Assistant that can assess risk across multiple potential courses of action and help others arrive at decisions that are sound and in the best interest of the City. This includes encouraging open-mindedness toward unpopular alternatives or spotlighting risk associated with popular ones. The Ideal Candidate Any combination of training and experience, which would provide the required knowledge, skills, and abilities is qual- ifying. A typical way to obtain the required qualifications would be: Education: Graduation from a law school accredited by the American Bar Association with a Juris Doctorate degree. Experience: Five years of increasingly responsible expe- rience in city or related government law, and two years of administrative or supervisory responsibility. License/Certification: Active membership in the State Bar of California. Qualifications The annual salary range for the Chief Assistant City Attorney is up to $220,272. The City will negotiate an employment agreement with the selected candidate which will include a salary and benefits package that is considerate of the selected candi- date’s qualifications and experience. Compensation & Benefits Interested candidates should apply immediately, as this recruitment may close early once a sufficiently strong candidate pool has been established. This recruitment will be handled with strict confidentiality. References will not be contacted until mutual interest has been established. Confidential inquiries are welcomed to Greg Nelson or Bryan Noblett at (916) 550-4100. Interested candidates are encouraged to apply online at mosaicpublic.com/careers. The City of Huntington Beach is an Equal Opportunity Employer. The Recruitment Process RANDY J. RISNER ~ 7 ~ 7 ~ 7 ~ 7 7 ~ rn- ----i Municipal Attorney More than 28 years of experience represent ing Ca lifornia cities and publ ic agencies in a multitude of lega l cha ll enges. History of successfu lly co ll abo rati ng w ith p ubl ic entities and othe r inte r ested parties to create w in-win sit uations. Reputat ion fo r impeccab le ethical standa rds, unflappable professio na l demeanor, and ability to manage high- pressure and high-stake situations . Deeply experienced in : CA Public Agency Law I Land Use and Code Enforcement I Contract Drafting & Negotiation I Investigations Legislative Drafting I Real Estate I Public Safety I Public Employees & Labor Negotiations I Budget Management PROFESSIONAL EXPERIENCE CITY OF VALLEJO, V all ejo, CA (2018-Present) Chief Assistant City Attorney (2020-present) • Responsible for advising Chief of Police concern i ng sign ificant reform of the Vallej o Police Department. • Advise Vallejo Po l ice Department concerning command staff issues and all transactional matters . • Supervise 7 staff attorneys. • Provide transactional legal advice to mu lt iple c ity depar tments. • Supervise litigation department on all matters. Interim City Attorney (202~2020) Hired originally as Chief Ass istant City Attorney based on depth and breadth of publ ic entity experience and supervisory capabilities. Appointed by City Counci l on February 1, 2020 to fill City Attorney vacancy, acting as chief legal counsel for all City departments. Manage e ight attorneys, five support staff and nu merous outside counsel with $1.3M budget. • Took the he l m to manage City Attorney's Office followi ng three essential attorney departures, seamlessly delive r ing undisrupted se r vices to all departments. • Navigated unpr ecedented challenges posed by the nove l coronavirus to maintain all Office service leve ls, i ncluding issu ing work from home o r ders for all staff, c r eating remote commun ications outlets, and motivating continued first -r ate performance. • Led team in negotiati ng contentious and sensitive agreement for the Ca lifornia Depa rtment of Justice to provide refor m ass istance for the Vallej o Police Department. Negotiated terms highly favorable to the Ci ty, including provid ing City with decision -making power and avoiding negative un ilateral action by DOJ. • Retain and manage outside cou nsel on high -profile Section 1983 cases, other tort claims, t r ansactiona l, and employment law matters to ensure opti mal protection of Ci ty interests. • Guided investigation involving multiple employee clai ms of misconduct that insulated City from scrutiny . Chief Assistant City Attorney (2018-2020) • Oversaw negotiation of various contracts w ith divergent stakeholders for the futu r e development of the Mare Island Nava l shipyard. • Negotiated $14M pu r chase of building for rehabilitation and conversion to new Po l ice Depar tment headquarters. Assisted nine def unct busi ness property owners to revive business l ice n ses to execute sale. • Dr ove several commun ity improvement initiatives by revital izi ng prosecutio ns and civil lawsuits. • Precipitated numerous guilty p leas for illegal dumpi ng. ´´ /ŶƐƚŝƚƵƚĞĚ ƌĞĐĞŝǀĞƌƐŚŝƉƐ ƚŽ ƌĞŚĂďŝůŝƚĂƚĞ ƐƵďƐƚĂŶĚĂƌĚ ƉƌŽƉĞƌƚŝĞƐ͘ ´ ůŝŵŝŶĂƚĞĚ ŵĂŶLJ ƉƵďůŝĐ ŶƵŝƐĂŶĐĞƐ͘ WZK&^^/KE>yWZ/E͕ /dz K& s>>:K͕ ĐŽŶƚŝŶƵĞĚ͙ x >ĞǀĞƌĂŐĞĚ ǀĂƐƚŶĞƚǁŽƌŬ ŽĨ ƐƚĂƚĞ ĂŶĚ ĨĞĚĞƌĂů ŐŽǀĞƌŶŵĞŶƚĐŽŶƚĂĐƚƐ ƚŽ ŝŶŝƚŝĂƚĞ ƌĞƐƚŽƌĂƚŝŽŶ ŽĨ DĂƌĞ /ƐůĂŶĚ EĂǀĂů ĞŵĞƚĞƌLJ͘ tŽƌŬĞĚ ǁŝƚŚ ƌŵLJ ZĞƐĞƌǀĞ ƚŽ ĞŶŐĂŐĞ /ŶŶŽǀĂƚŝǀĞ ZĞĂĚŝŶĞƐƐ dƌĂŝŶŝŶŐ ĞŶŐŝŶĞĞƌƐƚŽ ďĞŐŝŶ ƌĞĨƵƌďŝƐŚŵĞŶƚ͘ x ^ƉĞĂƌŚĞĂĚĞĚ ďŝĚĚŝŶŐ͕ ĂĐƋƵŝƐŝƚŝŽŶ͕ ĂŶĚ ŝŵƉůĞŵĞŶƚĂƚŝŽŶ ŽĨ ǀĂƐƚůLJ ŝŵƉƌŽǀĞĚ ĂŶĚ ƵƐĞƌͲĨƌŝĞŶĚůLJ ŝƚLJ ƚƚŽƌŶĞLJ KĨĨŝĐĞ ƉƌĂĐƚŝĐĞ ŵĂŶĂŐĞŵĞŶƚ ƐLJƐƚĞŵ ƚŚĂƚ ŵĞƚ ĂůůƵƐĞƌƐ͛ŶĞĞĚƐ͘ x WƌŽƚĞĐƚĞĚ ϰϬϬн ĐŝƚŝnjĞŶƐĨƌŽŵϭϬϬйƌĞŶƚŝŶĐƌĞĂƐĞ ďLJ ĚƌĂĨƚŝŶŐĂŶĚ ŝŵƉůĞŵĞŶƚŝŶŐ ĂŶ ĞŵĞƌŐĞŶĐLJ ŽƌĚĞƌ ƉůĂĐŝŶŐ Ă ŵŽƌĂƚŽƌŝƵŵ ŽŶ ƌĞŶƚ ŝŶĐƌĞĂƐĞƐ ĨŽůůŽǁŝŶŐ ĨĂŝůĞĚ ŶĞŐŽƚŝĂƚŝŽŶƐ ǁŝƚŚ ŶĞǁ ƉƌŽƉĞƌ ƚLJ ŽǁŶĞƌ͘ ,ĞůĚ ĞŵĞƌŐĞŶĐLJ 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^ĂŶ ŝĞŐŽ͕  ĚŵŝƚƚĞĚ ƚŽ WƌĂĐƚŝĐĞ >Ăǁ͗ ^ƚĂƚĞ ŽĨ  ͮ  Θ ^ ŽĨ  EXHIBIT 1 NON-ASSOCIATED APPOINTED EXECUTIVE MANAGEMENT SALARY SCHEDULE Effective April 1, 2023* Starting Point Control Point High Point Job No Description Pay Range A B C D E F G EXECUTIVE MANAGEMENT 0591 City Manager NA0591 Per Contract 139.86 153.85 0029 Interim City Manager 289 98.36 103.28 108.44 113.87 119.56 125.54 131.82 DEPARTMENT HEADS 0592 Assistant City Manager 281 90.84 95.38 100.15 105.15 110.41 115.93 121.73 0015 Fire Chief 281 90.84 95.38 100.15 105.15 110.41 115.93 121.73 0011 Police Chief 281 90.84 95.38 100.15 105.15 110.41 115.93 121.73 0518 Chief Financial Officer 269 80.61 84.64 88.88 93.32 97.99 102.88 108.03 0479 Chief Information Officer 269 80.61 84.64 88.88 93.32 97.99 102.88 108.03 0589 Community Development Director 269 80.61 84.64 88.88 93.32 97.99 102.88 108.03 0574 Director of Human Resources 269 80.61 84.64 88.88 93.32 97.99 102.88 108.03 0801 Director of Community & Library Services 269 80.61 84.64 88.88 93.32 97.99 102.88 108.03 0010 Director of Public Works 269 80.61 84.64 88.88 93.32 97.99 102.88 108.03 CONTRACT NON-DEPARTMENT HEADS 0593 Chief Assistant City Attorney 267 79.02 82.98 87.12 91.48 96.05 100.86 105.90 0778 Director of Homelessness & Behavioral Health Services 258 72.26 75.87 79.66 83.64 87.83 92.22 96.83 0845 Deputy Director of Public Works 258 72.26 75.87 79.66 83.64 87.83 92.22 96.83 0900 Assistant Chief Financial Officer 249 66.07 69.37 72.84 76.48 80.30 84.32 88.53 0850 Deputy Director of Administrative Services 249 66.07 69.37 72.84 76.48 80.30 84.32 88.53 0855 Deputy Director of Community & Library Services 249 66.07 69.37 72.84 76.48 80.30 84.32 88.53 0840 Deputy Director of Community Development 249 66.07 69.37 72.84 76.48 80.30 84.32 88.53 0779 Deputy City Manager 249 66.07 69.37 72.84 76.48 80.30 84.32 88.53 0906 Deputy City Treasurer 249 66.07 69.37 72.84 76.48 80.30 84.32 88.53 0699 Deputy Community Prosecutor 206 43.07 45.22 47.48 49.86 52.35 54.97 57.72 *Per Resolution No. 2023-09 adopted March 21, 2023, the position of Deputy City Treasurer was established   I I City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-647 MEETING DATE:8/1/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Eric Parra, Chief of Police PREPARED BY:Capt. Gaute Svendsbo and Ingrid Ono, Executive Assistant Subject: Request authorization to use Supplemental Law Enforcement Services Fund (SLESF) monies to fund up to $500,000 in increased costs for the purchase of the City’s third police helicopter Statement of Issue: Authorize the use of Supplemental Law Enforcement Services Fund (SLESF) monies to fund up to $500,000 in increased costs associated with the purchase of the City’s third and final police helicopter from MD Helicopters, Inc. (MDHI). Financial Impact: Staff is requesting City Council approval to appropriate up to $500,000 to Account No. 98470101 to finalize the helicopter purchase. Sufficient fund balance is available in the SLESF to cover this cost. Recommended Action: A)Authorize the use of up to $500K in SLESF funds to cover the outlined expenses; and B)Appropriate up to $500K from the SLESF fund balance to account 98470101. Alternative Action(s): Do not approve, and direct staff accordingly. Analysis: In June 2021, the City entered into an agreement with MDHI to replace HBPD’s aging fleet of three 520 (Notar) helicopters with three new MD 530F helicopters. The new helicopters were purchased at a discounted net price of approximately $8M, after value was received from the sale of the three existing helicopters (See Attachment 1). In addition, MD Australia offered to purchase the City’s City of Huntington Beach Printed on 7/26/2023Page 1 of 3 powered by Legistar™ File #:23-647 MEETING DATE:8/1/2023 existing inventory of 520N parts for approximately $400K. MDHI is facilitating the sale of the 520N helicopters and delivering the new MD 530Fs. Per the agreement, the first 530F was scheduled for delivery around February 2022. However, in that same month, one of the 520N helicopters (N521HB) crashed in Newport Beach, rendering it a total loss; insurance funds were later recovered by the City as a result. In June 2022, the second 520N (N522HB) was sold per the agreement, and the City later received the first 530F helicopter in February 2023. For various reasons, this delivery was approximately 12 months behind schedule. Due to this delay and the loss of N521HB, the City continued using its third and final 520N (N523HB) for approximately 300 additional hours, thereby diminishing its trade-in value from the original estimated worth of approximately $835K. In March 2023, the second 530F helicopter was delivered, and the third and final new helicopter is expected to be delivered on August 2, 2023. This will allow the City to sell its final 520N helicopter. Per Huntington Beach Municipal Code Chapter 3.02.210 (Disposition of Surplus Personal Property), the City obtained the following private offers to purchase our remaining 520N (N523HB) and inventory of additional 520N parts: 1.$470K and nothing additional for the parts. 2.$525K + $80K for select parts 3.$550K without additional parts We have also negotiated with MDHI, based on above outlined delays and circumstances, to credit us $235K for our entire remaining inventory of 520N parts. We believe private offer #3 for the aircraft (See Attachment 2), and the $235K credit from MDHI, for a total credited amount of $785K, is the best option for the City at this time . Original estimated value of HB523 -$835K Original estimated value of 520N parts -$400K Total $1.235M However, this leaves us with a deficit of approximately $450K in order to complete the purchase of the last 530F helicopter. This figure is contingent on private offer #3, being accepted as is. However, that offer is contingent on the outcome of several mechanical inspections that are currently due, and possibly others which are due after approximately 20 additional hours of flight time (See attachment 3). The prospective buyer is asking for the others to be completed as well. Based on these negotiations, we are requesting authorization to use up to $500K to complete the sale of HB523N and take delivery of the last 530F helicopter from MDHI. The City currently holds approximately $1.2M in unencumbered SLESF monies, which can be used for this purpose. Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will City of Huntington Beach Printed on 7/26/2023Page 2 of 3 powered by Legistar™ File #:23-647 MEETING DATE:8/1/2023 not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: Financial Sustainability, Public Safety or Other Attachment(s): 1.Agreement with MD to purchase 3 MD530F helicopters 2.Letter of Intent to purchase N523HB 3.Email of itemized helicopter inspection requests City of Huntington Beach Printed on 7/26/2023Page 3 of 3 powered by Legistar™ Execution Version US-DOCS\133302709.6 Supplemental Agreement to Purchase Order This Supplemental Agreement Agreement as of , 2022, among MDHI offices located at 4555 E. McDowell Road, Mesa, AZ 85215, MD Helicopters, LLC (f/k/a MDH Holdco, LLC) (the Purchaser and the City of Huntington Beach, California Huntington Beach and, together with MDHI and the Purchaser, Party Parties ). WHEREAS, Huntington Beach agreed to purchase three (3) MD-530F helicopters (each Helicopter Helicopters from MDHI pursuant to that certain purchase PurchaseOrder Exhibit A,whichincorporates the pricing, specifications, terms and conditions stated in the Response to Request for Proposal for Police Helicopters, Invitation Number 2021-RFP 2021-0504 attached hereto as Exhibit B; WHEREAS, solely in an effort to assist a valued customer (Huntington Beach) to sell or trade-inseveral usedhelicoptersthat it indicateditno longerneededin light of,amongother things, its anticipated purchase of the Helicopters pursuant to the Purchase Order, MDHI facilitated (but was not party to) a transaction between Huntington Beach and MD Helicopters Australia MDHA MDHI represents is not affiliated in any way with MDHI, pursuant to which MDHA agreed to purchase two (2) used Used Helicopters 1 and additional aircraft 2 MDHA Transaction WHEREAS, in connection with a completely unrelated transaction between MDHI and MDHA, MDHI had received from MDHA the sum of $200,000.00, of which $40,000.00 (the Forfeited Deposit Amoun . MDHI facilitated the sale/trade-in of one of the two Used Helicopters and Huntington Beach received the sums of $480,000 from MDHI (MDHI in turn received the $480,000 from MDHA on or about April 29, 2022) and $160,000 from MDHA on or about June 1-2, 2022, for a total of $640,000. In exchange, Huntington Beach shipped one of the two Used Helicopters to MDHA on or about June 2, 2022. WHEREAS, on March 30, 2022 Petition Date , MDHI and its debtor affiliate Debtors filed voluntary petitions for relief under Chapter 11 of Title 11 of the 1 Although MDHA had originally agreed to purchase a total of three used helicopters from Damaged Helicopter was consummated and, thus, such third helicopter will no longer be sold to MDHA as part of MDHA Transaction. One of the two remaining Used Helicopters was sold by Huntington Beach to MDHA on or about June 1-2, 2022. 2 The Additional Parts consist of both new and used aircraft parts specific to the model of helicopters used by Huntington Beach. The parts include all surplus MD520 NOTAR specific C20R/2 engine (CAE# 295892). The Additional Parts will be inventoried and available at the time of the last helicopter sale and have an estimated value of $400,000. DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 to Purchase Order (this '_' ____ ") 1s made October 5 MD Helicopters, Inc. (" "), with " ____ ") (" _______ " each a" "or the" " --- a" ____ " and, collectively, the " ____ ") order dated June 18, 2021 (the" "), attached hereto as __ _ 0504, dated June 15, 2021 (" _____ "), (" ___ "), which is an entity that helicopters (the" _______ ") parts (the "Additional Parts") from Huntington Beach (the " __ _ ____ "); " _________ t") MDHI is currently holding as a forfeited deposit by MDHA (the " _____ ") (collectively, the" ___ ") Huntington Beach, one helicopter was damaged (the" ________ ") before the sale parts in Huntington Beach's inventory, which include Huntington Beach's spare Rolls Royce 2 US-DOCS\133302709.6 United States Code, 11 U.S.C. §§ 101-Bankruptcy Code Court administered under Case No. 22-10263 (KBO) Chapter 11 Cases ; WHEREAS, the Helicopters are currently in production and the estimated delivery dates of the Helicopters to Huntington Beach are: (1) October 15, 2022 for the first helicopter; (2) December 2022 for the second helicopter; and (3) January 2023 for the third helicopter. The dates are estimates and are dependent on factors including but not limited to the timing of obtaining FAA certification for the Crash Resistant Fuel System and the timing of Huntington Beach providing any additional customer furnished equipment that Huntington Beach intends to provide to MDHI for installation on the Helicopters prior to delivery (as of the date of this Agreement, Huntington Beach has provided MDHI with most of the customer furnished equipment for the first helicopter, with the remaining customer furnished equipment (consisting of a camera and a search light) expected to be provided by September 2, 2022); WHEREAS, on June 17, 2022, the Court entered an order [Docket No. 377] approving the to the Purchaser pursuant to Section 363 363 Sale WHEREAS, on August 15, 2022, the 363 Sale closed and the Assets were transferred to the Purchaser; and WHEREAS, in light of the closing of the 363 Sale, the Parties wish to clarify and supplement the terms of the Purchase Order as set forth herein. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and sufficient consideration, the receipt of which is hereby acknowledged, the Parties agree as follows: 1. Subject to Paragraph 2, below, the purchase price for each Helicopter as stated in the Purchase Order remains unchanged and, for the avoidance of doubt, such stated purchase price shall remain the purchase price for each Helicopter, regardless of the amount of proceeds, if any, that Huntington Beach receives from MDHA (or other third party) in connection with any sale by Huntington Beach of the Used Helicopters and/or the Damaged Helicopter and/or the Additional Parts to MDHA (or other third party). Nothing contained in the Purchase Order or this Agreement shall require Huntington Beach to sell or trade-in the Used Helicopters or the Additional Parts to MDHI, MHDA or any third party, and the timing of any sale or trade-in of Used Helicopters and/or Additional Parts by Huntington Beach is at Huntington 2. Notwithstanding the express obligations contained in Paragraph 1 (which remain unaltered in any respect), if (a) the MDHA Transaction is completed prior to the date upon which Huntington Beach is obligated under the terms of the Purchase Order to remit payment to MDHI for the first of the three Helicopters and (b) Huntington Beach provides MDHI with a written (via email) acknowledgment that it has received all amounts due and owing to it from MDHA in connection with the sale of the Used Helicopters and/or the Additional Parts, MDHI will, at DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 1532 (the " ______ "), in the United States Bankruptcy Court for the District of Delaware (the " __ "), which cases are currently jointly (the" _______ ") sale of substantially all of Debtors' assets (the "Assets") of the Bankruptcy Code (the" ___ "); (the amounts listed as "Section A" purchase prices less the amounts listed as the "1 % Discount" plus any applicable taxes) Beach's sole discretion. 3 US-DOCS\133302709.6 Huntingto written election (via email), either (x) reduce the purchase price of the first Helicopter by the Forfeited Deposit Amount against such purchase price) or (y) upon receipt of payment from Huntington Beach for the first Helicopter in the full amount set forth in the Purchase Order, promptly remit funds to Huntington Beach equal to the Forfeited Deposit Amount. For the avoidance of doubt, the Forfeited Deposit Amount shall remain fixed (at $40,000) regardless of the amount of proceeds, if any, that Huntington Beach receives (or does not receive) from MDHA (or other third party) in connection with any sale of the Used Helicopters and/or the Damaged Helicopter and/or the Additional Parts. 3. MDHI represents that the transactions contemplated by the Purchase Order and this Agreement, and amounts paid or to be paid by MDHI to Huntington Beach as part of MDHI facilitating the sale or trade-in of the Used Helicopters and/or the Additional Parts, were approved by MDHI that those aspects of the transactions contemplated by the Purchase Order and this Agreement that have either occurred since the Petition Date and/or remain unfulfilled as of the date of this Agreement, are ordinary course transactions (as that term is used in Section 363 of the Bankruptcy Code) and, thus, pursuant to Section 363(c) of the Bankruptcy Code, were and are authorized to be undertaken without obtaining relief or approval from the Bankruptcy Court. 4. The Parties agree that all payments and monetary and asset transfers made in connection with the Purchase Order and this Agreement, and amounts paid or to be paid as part of MDHI facilitating the sale or trade-in to MDHA of Used Helicopters and/or the Additional Parts, are for reasonably equivalent value and are not subject to avoidance or recovery under any federal or state statutes or on the basis of any legal or equitable theory. 5. Within five (5) business days of the date first above written, Huntington Beach will file a notice of withdrawal or such other pleading necessary to indicate its withdrawal of its proof of claim (claim number 89), filed on July 11, 2022, asserting an administrative claim in the amount of $780,000.00 against MDHI in the Chapter 11 Cases. 6. The equipment listed on Exhibit C hereto Equipment ) is property that Huntington Beach provided to MDHI for installation in the Helicopters. Huntington Beach will provide any additional customer furnished equipment to MDHI for installation on the Helicopters promptly after such equipment is ordered and received by Huntington Beach, and, following shipment of such equipment to MDHI, Exhibit C shall be amended to include such additional equipment. To the extent that Huntington Beach does not purchase one or more of the Helicopters or there is a breach under the Purchase Order or this Agreement, any uninstalled Equipment on any undelivered Helicopters will be promptly returned by MDHI to Huntington Beach. 7. In the event that the Purchase Order and this Agreement are assumed by the Debtors and assigned to the Purchaser under Section 365 of the Bankruptcy Code, the Purchaser will be responsible, upon such assumption and assignment, for all obligations existing under the Purchase Order and this Agreement, including but not limited to all insurance and indemnification obligations. Nothing in this provision or Agreement shall limit or modify the rights of Huntington Beach to seek recovery through applicable insurance policies of MDHI and/or the Debtors related to the Helicopters, the Purchase Order or this Agreement. DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 n Beach's . Further, it is MDHI's view ( and retain the Forfeited Deposit Amount as a "credit" MDHI's (the " ____ " 4 US-DOCS\133302709.6 8. This Agreement, together with the Purchase Order, sets forth the entire understanding of the Parties regarding the subject matter hereof and supersedes all prior oral or written agreements between them. The Purchase Order and this Agreement may not be changed, modified, amended, or supplemented, except in a writing signed by both Parties. To the extent any terms of the Purchase Order are not expressly modified by this Agreement, including but not STANDARD TERMS such terms shall remain in full force and effect. 9. This Agreement shall be deemed to have been drafted jointly by the Parties, and any uncertainty or omission will not be construed as an attribution of drafting by either Party. 10. This Agreement may be executed in counterparts, each of which constitutes an original and all of which constitute one and the same agreement. [Signature Page Follows] DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 limited to the "CITY OF HUNTINGTON BEACH PURCHASE ORDER- AND CONDITIONS," IN WITNESS WHEREOF, the undersigned have executed this Agree / en/ as of the date first stated above. � MACO HELICOPTERS, INC. (f/k/a OF HbN:rINGTO MD HE I OPTERS, INC.) � ,, By: __ --="'=-+Jl"-.__�----#�==-1'----­Name: Title: MD HELICOPTERS, LLC By: ___________ _ Name: Title: APPROVED AS TO FORM [Signature Page to Supplemental Agreement to Purchase Order] MDu�Q�J'ERS, LLC By: tJr�tl Pt-�Ulv Brad Pedersen Chief Executive Officer and President US-DOCS\133302709.6 Exhibit A Purchase Order DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 � � Date: 06/18/2021 B ranch/Plant: 32140106 Supplier: MD HELICOPTERS INC 4555 E MCDOWELL RD MESA AZ 85215-9734 Order Date: 06/18/021 Delivery Date: 06/18/2021 PURCHASE ORDER City of Huntington Beach (714) 374-1569 / (714) 960-8878 Billing Inquiries: (714) 374-1568 Please send invoices Attn: Account Payable P.O. Box 784 Huntington Beach, CA 92648 Ship To Page: 1 This number must appearon Packages and Invoices 27204-OP CITY OF HB -POLICE DEPT 2000 MAIN ST HUNTINGTON BEACH CA 92648-2702 Buyer: Freight: Terms: TURQUOISE SCOTT Net 30 (Override} Pricing, Specifications, Terms and Conditions all in accordance with RFP 2021-0504. LINE NUMBER DESCRIPTION/SUPPUER ITEM 1.000 2.000 3.000 MD 530F-Helicopter 1 Total Includes Section A: New Helicopter -$3,254,515.00 Section 8: Estimated Sale/Trade-in Value -($585,000.00) Estimated Brokerage Fee - $17,550.00 1% Discount-($24,227.33) Estimated Tax - $252,224.99 MD 530F-Helicopter 2 Total Includes Section A: New Helicopter -$3,254,515.00 Section B: Estimated Sale/Trade-in Value -($685,000.00) Estimated Brokerage Fee • $20,550.00 1 % Discount -($24,227.33) Estimated Tax - $252,224.99 MD 530F-Helicopter 3 Total Includes Section A: New Helicopter - $3,254,515.00 Section B: Estimated Sale/Trade-in Value -($1,235,000.00) Estimated Brokerage Fee -$25,050.00 1 % Discount -($24,227.33) Estimated Tax -$252,224.99 TERMS AND CONDITIONS ON REVERSE FORM A PART OF THIS ORDER QTY UOM ORDERED EA EA EA UNIT PRICE EXTENDED PRICE 0.00 2,915,062.66 0.00 2,818,062.66 0.00 2,272,562.66 Order Subtotal 8,005,688.00 Sales Tax 0.00 Total Order -=====8""''=00=5"-',6=8=8.=0==0 Serena Bubenheim, Principal Finance Analyst City of Huntington Beach DocuSign Envelope ID: B82396AEt~J~~A~-~i~~~6.~~~EC~.., .. 342 Filed 06/13/22 Page 8 of 9 Filed 06/13/22 Page 9 of 9 CITY Of HUNTI NGTO N BEACH PURCHASE ORDER-STA NDARD TERMS AND CON DITIONS 1, Issuance of this Fu/c hase Order by City conslltutes acceptance of Suppller"s offer on the terms and conditions.stated herein, unless expressly agreed In writ i ng by the City's Furchasing Division. ond forms a contrac t. 2, Suppliers shipment of goods, commencemen1 of any work, or performan ce of any service shall constilute acceptance by Suppfier of 1his order and all of its terms and conditions. No addilional terms or conditions slated by Supplier in acknowledging or o1herwise accepiing this order shall be binding upon 1he City unless specifically accepted In writing by the City. No oral agree menh shatt be binding unless confirmed by a wl11 fen revision lo this Purchase Order 3 . Cily's obligalion to pay the sum herein sta ted for any one fis cal year shall be contingent upon the City Council opproprio11ng the necessary funds, If l he City Council foils to appropriate the necessary funds for any fiscal year, then the Purchase Order shall !erminate at no additional cost or obllgation to City. 4.Time Is of the esse nce. If al any lime Supplier believes that goods. materials. equipment, suppffes ("item"), labor or servi ces will nol be made as scheduled, supplier shall lmmedlalely give written notice slating the cause of lhe delay lo City, Deliveries must be prepaid, Cl1y will not accept COD shipments. 5.City reserves the light at any time lo make changes in drawings and specifications, in met hods of shipment and packaging, and In place(sj of delivery, If necessary, there will be an equitable adjustment in price and ti me of performance mu tually satisfactory lo Supptier and City; but any claim by Supplier for such an adjustment must be mode in writing within lhirly {30) days after such change, 6, Supplier warrants lhat lhe ilems delivered ond the work or services performed shall confirm to the specifications, drawings, samples or other descrtpflon specified by City and shall be fit and sufficlenl for the purpose Intended, merchantable, at good materials and workmanship, In good working order and free from defect or foully workm anship for o period of at least ninety (90) days. afler delive ry. When defective Items or foully workmanship is discovered, Supplier shall provide all lobar, materials, ports and equipment ta cortect such defect or make such replacement al no expeme to the Cliy. Detective Items not meeting City's specifications shall be held for Supplier's Instructions al Suppller's risk and; If Supplier so directs, will be returned al Supplier's expense, 7, Supplier hereby agrees to protect, defend, indemnify and hold harmless Clly, Ifs officers, elected or appointed officials, employees, agents and volunteers from and against any and oil claims, damages, losses, expenses, judgments, demands and defense costs (lncludlng, without lltnllatlon, costs and fees of lillgotlon of every nature or llab!ttly of any klnd or nature) arising out of or in connection with Supplier's for Supplier's subcontractors, If any) negngent (or alleged negllgent) performance of this Agree ment or Its fa ilure to comply wl1h any of !ls ob!lgo!lot1s contained !n this A greemenl by Supplier. Ifs officers, agents or employees except such loss or damage whi ch was caused by the sole negligence cir wiHftJI misconduct of City. City shall be reimbursed by Suppller for oil costs and atlomey·s fees inc urred by City in enforcing this obligallon. Supplier will conduct all defense at ils sole cost and exp ense and the City shall approve selection of Supplier's counsel. Thls indemnity shall apply to all claims and liability regardless of whether any insurance policies ore applicable. The policy liml ls do nol acl as limilation upon the amoun ! of Indemnification to be provided by the Supplief.( !2/09) 6.Cily reserves the rig h! lo t erminate lhis Purchase Order. or any part of i!, at any li me even though Supplier is not In defou!I. On receipt of no1!ce of lerminotlan, Supplier shall, unless such notic e otherwise directs. immedlalely discontinue all work on the Purchase Order and deliver, if and as directed, to City all completed and parlially completed Hems and work In process. This secflon shail not llmlt or affect the right of City to tem1lna te this Purchase Order imm edi ately upon supplier's breach. 1. Clly reserves the right to lermlna le this Purchase Order or any part of ll and reject delivery of items If delivery Is not made when and as specified. Supplier shall be charged for any direc l losses. bul not any consequential damages, susloined by City by reason of such delay or failure, except losses caused by a delay for reasons beyond Supplier's re asonable control. Direct losses shall inc lude any costs to City in excess of the Purchase Order pri ce of obtaining !terns or services from other sources simllar lo !hose termlnaled or rejecled, 10, Supplier shall not subs!llu!e Items withou1 written approval of the Cily Purchasing Agent or deslgnee . 11. All license fees for City's use of patented or copyrighted ilerm for items furnished under this Purchase Order shall be included ln the Purchase Order price, 12, In cases where a price subject to escalation has been agreed upon, all claims for wch price escalo lion mus1 be received by City within sixty (60) days otter date of final shipment. The pric e escalo1lon shall be shown as a seporo li, item an Iha invoice , Unless on escala1or clause has been shown as a specific part of this Pvrchose Order, Supplier shall nol be entl lled lo reimbursement for costs incurred due to esca latlon . 13. All goods and services provided shall comply with the current federal, slate and local laws. Suppffer shall defend, Indemnify and hold harmless City, iis officials, employees and agents from any loss, cl aim, cause of action, llabllity, cost or expense, Including but not limited !o fines, penalties, corrective measures , and attorney 's fees, City may wsloin by reason of Supplier's failure lo comply,14. Svpp!ier shall ke ep confldenlial and not disclose or use In any way confidential business or technical inform ation that the City may disclose in conjunction wi th !his Purchase Order or Supplier may learn as a resuu at entering Cily properly to deliver ii ems or services or lo perform work hereunder. 15. The Supplier shall not sell, assign or transfer any obligations re sul ting from this Order wl lhout the specific wri !te n consent at lhe City's Purchasing Division. 16. City's re medies herein ore cumula l!ve and addi!lonol to any o!her re medi es of law or In eqully. The waiver of any breach of !his Purc hase Order shall no! be deemed a waiver of any other subsequeni breach, Cl!y 's failure 1a object to provisions contained in any communication from Supplier shall not be deemed on acceptance of such provisions or a waiver of the provisions of this Purchase Order. 17. This Purchase Order shall not be amended, madlf!ed or rescinded, exc ep t by written agreemen1 signed by the p arties and exp ressly referring to thisPurchase Order. Hl, Any Indebtedness of Supplier to City moy, al the City 's o p tion, be credlied a g ainst am□unis owing by cl!y hereunder,19, Su pplier sha ll furnish further l!emlzatlon and breakdown of the Purchase Order pri ce when re quested by City. 20. Supplier and Its subcontroc1or(s) shall not discriminate a gainst any p erson Jn the p erformance of this Purchase Order on the basis of ra ce, reli gion, nation al orig in, color, a g e, sex, sexual orientat!on, AIDS, HIV status, handicap or dlsabmty , and shall comply with app licable federal and state e q ual employmen1 opportunity la\<115, ordi nances, rules and re g ulat/ans. 21. Su pplier shall compl y with all a pplicable fe deral, st ate, and local laws, rules, re g ulations and ordinances pertaining to the subject molter hereof, and shall obla!n all necessary licenses and p ermits rela led to !he items. work or servi ces. 22.Supplier, Its employees, and ag ents shall be considered indep endent contractors and not emp loyees or ag ents of Clfy . 23. City 's purchases are bas ed on Its actual needs and re q uirements; Cl!y Is oblig ated to purchase those Items and those q uantities tho! City needs and requires, re g ardless of any estimated quantities p rovi ded to the Supplier. 24.The issuance of 1hls Purchase Order does nol make Supplier the exclusive supplier of If ems or services that are the subject of this Purchase Order. Tl-IE FOLLOWING ADDITI ONAL CONDITIONS APPLY WHEN SU PPLI ER IS TO PERFORM WORK ON THE PREMISES OF CITY . 25, If. during the work, Supplier allows any indebtedness or lien to accrue for labor, eq uipment or materials. which may become o claim ag ainst C!ly, Supplier shall immediately p a y such claim or ln debledness or cause such li en to be dissolved and discharged by giving a bond and, in case of failure lo do so, City may wl lhhold an y money due to Supplier un!II such claim, Indebtedness or lien is p aid or may app ly such money toward the discharg e !hereof; or City may, at its option, cancel thfs Purchase Order, lake p ossession and con1rol of i he work, and comp lete the some or cause the same to be comp leted . Supp lier sh all p ay !a City lhe diffe re nce between \he P tJrchase Order pri ce and the actual cost to City in comp leting or causing lhe work to be completed . 26.Supplier shall p erform the work al Supplier's own risk un!II lhe same ts full y completed and accep ted and shall, ln case of an y accident. deslruc!lon or Injury to lhe work or items before final completion and accep tance, re p air or repla ce the work or items so Inj ured, damag ed or destroyed, al Supp lier's own exp ense and to the satfsfoc!ion of City , When items ore furnished by others for lns1oio !!on or erecJion by Su pplier, Supp lier shall receive, unload, s!ore and handle wme al si te and become resp onsible therefore, os thavg h such !terns were being f\Jrnlshed by Su pplier under the Purchase Order. 27, lnsurgnce, Supplier shalt comply with the req uirem ents of City 's curre nt Insurance resolution as to g eneral liobiAty, automobile liability, workers compensation and any other product / pro p erl y insuronce req uirements, 09-2 l 94/Tcrms Cond itions PO 09 30 JO.doc 12/09 - - US-DOCS\133302709.6 Exhibit B RFP 2021-0504 DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 MD HELICOPTERS .. , .. D• -MADE IN AMERICA •" '!' n cs• " 15June 2021 City of Huntington Beach Purchasing 2000 Main Street Huntington Beach, CA. 92648 Subject: Response to City of Huntington Beach Prop.osaf for Police Helicopters Invitation# 2021-0504 Attachments: MDHI_HBPD RFP _2021-0504 Final Head of Procurement, City of Huntington Beach; MD Helicopters, Inc. (MOHi) has a long-standing partnership of 23 years. with the Huntington Beach Police Department (HBPD). MOHi proposes three (3.) MD 530F helicopters for your department, the benefits of which will: •Enabl.e your officers to perform their mission most effectively and safely. •Maintain similar spares and training base as currently used with the MD 520N helicopter. •Provide substantial savings (spares and training). MDHl's roots reach back more than 60 years when, in 1955, Hughes Tool Company, Aircraft Division, first began developing "light helicopters". Today, more than 2,500 aircraft are in service worldwide, serving over 60 police. agencies with over 100 law enforcement equipped aircraft. MOHi is proud to be a proven performer for the Law Enforcement mission. HBPD received their first MD 520N in 1998. Since then aviation technology has grown, the mission has shifted, and aircraft have aged. The new MD 530F is a modern, technically advanced helicopter that continues to serve and protect the public and provide increased levels of safety to its officers. We recognize that you have a no-fail mission, and our helicopters will allow you to meet those demanding requirements. MOHi customizes its aircraft to meet customer requirements and we look forward to working with the HBPD to customize a program that transitions your current fleet of aged MD 520N aircraft to new MD 530F aircraft seamlessly and without loss of aircraft coverage. Summary of Proposal: •Proposal price. Valid for 180 days from date of submission. •Purchase of three (3) helicopters. The MD 530F platform is compliant with all conflgurati.on rec::iuirements set forth per this RFP. 45SSE.MCOOW Et.I.Fl 0AD,M£SA,AZ8SU5 MD HELICOPTERS.COM ".....; This document Includes Information that Is the property of MD Helicopters, Inc. (MOHi). This proprietary Information, In Its entirety" shall not be duplicated, used, or dlsclosed­ dlrectly or Indirectly, In whole or In part-for any purpose other than to evaluate this document. If an award Is made to MOHi as a result of, or In connection with, the submission df this data, the proprietary Information here.In may be duplicated, used, or disclosed Qnlyto the extent required by the resulting contraet. DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 •Sale of MD 520N aircraft. MDHI will facilitate the sale of HBPD current fleet of MD 520Ns: -MDHI currently has written offers on all three (3) MD 520N aircraft at retail price {opposed to a lower wholesale price) based on information provided from the HBPD Air Support Unit. -The HBPD flight detachment has already reviewed and found these offers for the aircraft and spares to be acceptable. •5-year Training Package. 5-year training program for pilots and technicians at no cost to the City of Huntington Beach. *Package includes a $50,000 parts credit to be utilized within three {3} years of Contract Award. Cost O•f Mesa Plklt Differences Training at MOHi using MOHi fquipment(3 davs with 3 liight hours Price EA liotaU CliARGE and 8 hours of ground): $ 6,800.00 $ 61,200.00 No Charge 9 PIiots Cost of Mesa T!!Ch Training (Up to 8 students for 2 Notes weeksf: $3,956 for up to a students 12-Students[ $ 4,685.00 $ '1,685.00 No Charge 3 Aircraft would typically equate to training for .3 techs. On Location Recurrent Tralnfng for all pilots - 3 Days Dally A.ate X S days Mt incl:udlng flight, hotel and (S oavs total w/ travell. $ 24,000.00 $ 120,000.00 No Charge tramportaUon Total from Above $ l!l!i,885.00 NoCharge $SOK Parts Credit (To be used over a 3 vr perlool N/A Total lncenti\le Offerings O\ler 5 'l'ear Period $ 50,000.00 No Charge VALi.iE $ 23!i,885.00 NoCharge •Sale of MD 520N specific spares to include spare engine. MDHI will facilitate the sale of the MD520N specific spares and currently has a written offer on all MD 520N spares to include the engine, which is acceptable to the HBPD Flight Detachment. All other MDHI spares can be utilized for MD530FF's. •Discount Points. MDHI offers discount points in the amount of 1.0 if HBPD is willing to provide an upfront payment for the balance due at time of award. •20% discount on parts orders post-delivery {exclusions apply). Benefits of MDHI Proposal to HBPD: The benefits of maintaining an MDHI helicopter platform as opposed to an alternate manufacturer: •Tooling. The vast majority of MD 520N tooling can be utilized on the MD 530F. Using an alternate manufacturer may incur substantial investment in specialty tooling to include the training required to use these tools. •Training. MDHI is offering a 5-year training program for pilots and technicians at no cost to the City of Huntington Beach: HBPD Technicians are extremely familiar and knowledgeable on the MD product line. The vast majority of current platform knowledge is transferable into a MD 530F. The maintenance specific to the MD 530F is covered in a Maintenance Course that will be supplied by MDHI at no charge. Page 2 MOHi Proprietary - DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 - HBPD Pilots will receive transition training in an MOHi-suppiied aircraft to perform normal procedures, emergency procedures, CRM, and high-density altitude training. •Inventory. Transitioning into a new aircraft will require a multitude of parts to be In current inventory. Many of the parts on hand within HBPD Air Support will transfer to the MD 530F platform. This represents an additional cost of "'$400K if HBPD were to purchase aircraft from a different manufacture: - MOHi has facilitated the sale of all NOTAR�specific Items from the departing MD 520Ns. -MOHi will provide a $50,000 parts credit to be used within three (3) years of Contract Award. The undersigned is an official representative of MD Helicopters, Inc. (MOHi) authorized to negotiate on behalf of MOHi with the City of Huntington Beach {The City} o.n lnvitati.on # 2021-0504 for Police Helicopters. TMs project will be managed at the MOHi bus.iness address Usted below, which is also the MOHi office nearest to Huntington Beach, California. Company Name: Name of Authorized Representative: Authorized Representative Title: Busine.ss Address: MO Helicopters, Inc. Jason Lindauer Director of Commercial Sales MD Helicopters, Inc. 4555 E McDowell Rd. Mesa, AZ 85215 Jason.Lindauer@mdhelicopters.com Authorized Representatlve Signature: Date: 1S June 2021 Page3 MDHI Proprtet.ary DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 TYPE OF APPLICANT: REQUEST FOR PROPOSAL VENDOR APPLICATION FORM □NEW � CURRENT VENDOR Legal Contractual Name of Corporation: MD Helicopters, Inc. Contact Person for Agreement: �Ja=s=on==L=in=d=au=e=r _______________ _ Corporate Mailing Address: 4555 E. McDowell City, State and Zip Code: Mesa AZ 85215 E-Mail Address: Jason.Lindauer@mdhelicopters.com Phone:480-353-658 7 Fax: ---------- Contact Person for Proposals: ;:...;Ja=s-=-on=L=in=d=au=e=r ________________ _ Title: Director of Commercial Sales E-Mail Address:Jason.Lindauer@mdhelicopters.com Business Teleph one: ....:..48=0"'---=-3 =--=53"'---=-65:::..c8::...:7 _____ _ Business Fax: ------- Is your business: (check one) 0 NON PROFIT CORPORATION � FOR PROFIT CORPORATION Is your business: (check one) �CORPORATION 0 INDIVIDUAL 0 PARTNERSHIP 0 LIMITED LI ABILITY PARTNERSHIP 0 SOLE PROPRIETORSHIP 0 UNINCORPORATED ASSOCIATION I of2 DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 Names & Titles of Corporate Board Members (Also list Names & Titles of persons with written authorization/resolution to sign contracts) Names Alan Carr Barry Sullivan Chris Jaran Nick Nenadovic ---------------- Title Sole Director CFO coo Sr. VP, Aftermarket Jeffrey Adamcik Deputy General Counsel --�------------- Federal Tax Identification Number: 86-0944088 City of Huntington Beach Business License Number: Phone 480-346-6100 480-346-6201 480-346-6927 480-346-6104 (If none, you must obtain a Huntington Beach Business License upon award of contract.) City of Huntington Beach Business License Expiration Date: 2 of2 DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 Submitted to: Oty of Huntington Beach Purchasln& 2000 Main Street Huntington Beach, CA 92648 Planetblds.com Response to Request for Proposal for Police Helicopters City of Huntington Beach Invitation Number: 2021-0504 MD 530F Helicopter Submitted: 15 June 2021 Response from: MD Helicopters, Inc:. 4555 E Mc:DoWelt Rd. Mesa, AZ SS21S Contact: Jason Undauer, Dir. Commercial Sales (0)480.346.6373 / (M)480.353.6S87Email: Jason.Undauer@mdhellcopters.com MOHi Control No.: MD132041221-HBPD This document fncludes Information thatlsthe property of MO Hencopters, Inc. (MOHi). This proprietary Information, In Its entirety, shall not be duplicated, used, or disclosed-directly or Indirectly, In whole or In part-f,er any purpose other than to evaluate this document. !fan award Is made to MOHi as a result of, or In connection wfth, the submission of this data, the proprietary information herein may be dUPllcated, used, or disclosed only to the el<tent required by the resulting contract. ©2021 MO Helicopters, Inc. DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 INTENTIONALLY LEFT BLANK Cf.:9.59 Rev-1 MOHi Control No.: M013204.1221-HBPO Response to City of Hunttngton Beach RFP for Police Helicopters Invitation# 2021-0504 Helicopter Purchase (3) Proposal MO Helicopters, Inc. 15May2021 CF7.2.2.-5 DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 CONTE.NTS Response to City of Huntl:ngton Beach RFP for Police Helicopters Invitation# 2021-0504 Helicopter Purchase f3}Proposal 8. BACKGROUND AND PROJECT SUMMARY .............................................................................. 1 C. METHODOLOGY SECTION ...................................................................... 10; ......................................... ,, ............................................... 2 1)Intent of Spe.cifications ............................................................... , ......................................................... 2 1.1) Section 3, :Scope of Work, Part A. Aitcraft Specifications ....................................................................... 2 L2) Section 3, Scope of Work, Part B. Transfer of Equipment ...................................................................... 4 1.3) Section 3, Scope of Work, Part C. Warranty ............................................................................................. 5 1.4) Section 3, Scope af Work, P·art D. Trainlng ............................................................................................... 6 1.5) Sectian 3, Scape af Wark, Part E. Sale af Existin g Fleet ............................................................................ 6 1.6) Section 3, Scop.e of Work, Part F. Performance Bond ............................................................................. 7 1. 7) Section 3, Scope of Work, Part G. Inspection ............................................................................................. 7 1,8) Section 3, Scope of Work, Part H. Financing ............................................................................................. 7 2)Cl'iE!1nt Satisfaction ........................ " .......... ., ...................................................... ,, .... , ... , ............. ,u,.,11' ..... ., ......... , •.•• " ........................ , ...... u,, ••••••• 8 2 .. 1) Performance Guarantees ....................................................................................................... " ................... 8 2.2) MOHi Project Offlce .................... " ........................................................................................................... 10 2 .. 3)MOHi 'Qualify System." ........................................................ _.. ..................... .,, ......................................................... , ........ , .............................. , ... 10 3)Project Schedule ................................................................................................................................. 11 4}Requirements from City Staff .............................................................................................................. 11 1)Key Staff Quafific::ations ........................................................................................................................... 16 2}MDHJ Qualifications ............................................................................................................................... 16 3)Client References ................. , ......... , ...................... , ..............•.. , .. , ......................... " ........................................ 17 TABLES LIST Table l. Aircraft Equipment Compliance Matrix .................................................................................................. 2 Table 2. Proposed Training Program ................ ., .................... , ................................................................................ 6 Table 3. MD S30FF Performance Spe,clflcatiO'nS .............. ,,,.,. ... ,,nJnnu .. , ................................. \ .............. , ••• , ................... 8 CF-9.59 Rev•l MOHi Control No.: MD132041221-HBPD Cl-7.2.2-5 MD Helicopters, Inc. 15May2021 E. QUAUFIQTIONS .................................. ,u, ................................... ., ••••• ~ ............................................... 16 DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 B. BACKGROUND AND PROJECT SUMMARY Response to City of Huntington Beach RFP for Police Helicopters Invitation# 2021-0504 Helicopter Purchase (3) Prop0$al MOHi offers the MD 530FF as mission-essenti al equipment to the Huntington Beach Police Department to complete all public safety assignments required for the Air Support Unit. The MD 530FF platform is a tool the Air Support Unit wm utilize to provide assistance for ground-based units engaged in all facets of law enforcement while, serving the citizens of , Huntington Beach. MOHi platforms are synonymous with law enforcement agencies as our helicopters are a part of over 60 agencies around the world. The capability, performance, and maneuverability allow the officers to reduce time to target and keep crew coordination, safety, and completion of the mission the top priorities for those in the air and on the ground. MOHi is a "one-stop-shop'' for all of the required resources and the fleet replacement of HBPD helicopters. Project Summary: •The purchase of three (3) MD 530FFs. •Facilitation of the sale of three (3) MD 520Ns -Curre.ntly MOHi has an active offer on each MD 520N: - A three percent (3%) brokerage fee of the total value of aircraft sale will be charged by the MD 520N Buyer at the time of sale. - Offer may differ at time of transfer of aircraft from Seller to Buyer based on time flown between timeframes. •Facilitation of the sale of all NOTAR-specific spares -Currently MOHi has an active order on all NOTAR-specific spares to include the spare engine: - Offer may differ at time of transfer of aircraft from Seller to Buyer based on time flown between timeframes. •Training-At no cost to HBPD: - Initial transition training for up to nine {9) pilots at MOHi facility in Mesa, AZ. -On-site recurrent training (HBPD Facility} for four (4) years for up to nine (9) pilots. -Initial Maintenance Trai ning for MD 530FF Spec.Ifie for up to eight (8) students at MOHi facility. •*Parts Credit* -$50,000 spares credit to be used within three (3) years of Contract Award. Delivery: • First aircraft delivery 6-8 months from Contract Award: -Swap one MD 520N to MD 530FF. •Each subsequent aircraft will be delivered 90-120 days after the previous delivery or as negotiated or required. CF-9.59 Rev-1 MOHi Control No.: MD132041221-HBPD Cl-7,2.2·5 1 MD Heltcopters, Inc. 15May2021 USE OR Ol$ClOSURE OF OATA ON nus PAGE IS SU&JECTTO THE RESTRICTIONS ON THE COVER OFTHIS OOCUMENT, MDHI PROPRIETARY DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 Ma�Ut --·--� . - •Example delivery and payment schedule below:.... r Jun Jul r ,.,, ... Od N<IV l>t< .,.. Response to City of Huntington Beach RFP for Pol.lee Helicopters Invitation # 2021-0504 Helicopter Purchase (3lProposal f�Of '�•«i�i/fRiiNO'J'M jDilltmybtlkJtP iMds.cond �aUuOl'Mt:Fo Sate«� �-lNrdF 'MilP-' '�41!: 'A/li:lil" Wll'�!jiaffl �""'"�'mrfM-M;jd .. )!IA1 .,....., 'fl'm'"'-"" AlklUfl..,atfllnds r $ -$ �ff tu,000 $ � $ � $ ut,to0 $ fUM:"'Hl ·---Fe • Total�· 'I � r w-.., .... r r • _, R.......,Tobl $ 7;t85,8N r $ z--• !l • -=•t S.18Ufl t • =-!l ..... ,1811 t S.117;1'8 $ IU.H01 )'feet--( 11 • , ,: ...... ,a, . .. It Tot,1! q,=111 •a ; 1 2 2 z 2 2 1 C. METHODOLOGY SECTION 1)Intent of Specifications MOHi will comply with all performance, material, and conformity requirements. 1.1) Section 3, Scope of Work, Part A. Aircraft Specifications Table 1. Aircraft Equipment Compliance Matrix 2 HBPD Alroraft Requirement CompJy MDHI Response YIN Airframe, Extended Landing Gear with Carbide Skid Shoes Yes Airframe, Engine Wash Kit Yes Airframe, Fuselage Hard Points Yes Airframe, Keyed Locks (4) Yes Airframe, Passenger Steps Yes Airframe, Rain Gutter Set Yes Airframe, Heated Pltot Yes Airframe, Rapid Poor Removal Hinges .{Cockpit and Cabin) Yes Airframe, Tinted Canopy Panels Yes Airframe, Tinted OoorJWindow Panels Yes Avionics, Garmin GTX 345R Transponder, APSB In /Out Yes Avionics, (2x} Garmin G500TXi Touchscreen EFIS Yes Avionics, GTN-650H NAV/COM/GPS Yes Avionics, Master Avionics Switch Yes Avionics, L-3 ESl-500, Digital Standby Yes Avionics, PAl-700 Magnetic Compass, Vertical Card Yes Avionics, Howell Electronic Engine Instruments and Crew-Yes Alert System (EICAS) Avionics, ELT, ME-406HM Yes Avionics, Clock/Timer/USB Ports Yes Avionics, Garmin GMA 350H Audio Panel Yes Avionics, Radar Altimeter RA-4500 Yes Documentation, Engine end Airframe Log Books Yes Documentation, Engine Maintenance Manual Yes CF-9.59 Rev01 MOHi Control No.: MD132041221-HBPD Cl-7.2 .. 2-5 2 standard Equipment Standard Equipment Standard Equipment standard Equipment Standard Equipment Standard Equipment Standard Equipment Standard Equipment standard Equipment Standard Equipment Standard Equipment standard Equipment Standard Equipment standard Equipment Standard Equipment Standard Equipment .Standard Equipment Standard Equipment Standard Equipment Standard Equipment Standard Equipment Standard Standard MD Helicopters, Inc. 15May2021 use OR DISCLOSURE 01' DATA ON THIS PAGE IS SU&JECTTO THE RESTRICTIONS ON THE COVER OF THIS DOCUMENT. MOHi PROPRIETARY ' (~,,,·· ' ' --- ---· """ J --#oltt - • !!,!!!!! • --· ,, :C::t= ,--y "' IL...__ __ _J_ __ l t, ! ,'1: • I .o: I 9 • 2 DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 HBPD.Altctaft Rtqulreinent Oernply YIN 2 x TDAP 611 Audio Panels in Cockpit. 1 xAA12S-002 In Yes Cabin W/2 lapel cords {Replaces -GMA350H Audio Panel installation) 21 Gallon Aux Tank STC SH656GL if necessary Yes Samson Plus !anding light with flaShlng function Yes PA LSA400 Sirens System, External with LSC22 Controller Yes &TS-300 Speaker, Recessed Mount COM, Transfer Switch, Cyclic, COM1 Yes NVG Compatible cockpit Interior (NVIS B) Yes Garmin GTR 2258 NVG Yes TDFM 9300 Radio (Provision Only; Radio CFE) Yes LED Cockpif/Cabin Map Lights Yes Paint,. Two Color Scheme Yes MOHi Cargo hook provisions; Onboard Systems TALON LC Yes Hydraulic<Cargo Hook with attachment point, or comparable Interior, Paravion Door Openers, Cabin, STC SH2735NM Yes Raptor Rifle Racks Yes L3 MX-10 System (CFE MX-10 only} Provisions Yes Aerocomputers UC6000 Moving Map System Provisions Yes Night Sun SX16 System (CFE SX-16 Only) Provisions Yes Response to City of Huntington Beach RFP for Polke Helicopters lnvltation # 1021-0504 Helicopter Purchase (3) Proposal MDffl Responn Optional Equipment Optional Equipment-NOTE Fargo 21 tank wlll not be compatible with new Crash Resistant Fuel System. A new auxiliary tank is in development and will be available for the second and third aircraft defiverv. Optional Equipment Optional Equipment Optional Equipment Optional Equipment Optional Equipment TDFM 9300 Radio wiU be supplied by HBPD and provisions will be installed with radio installation .byMDHI Optional Equipment Optional Provisions can be installed. MOHi would suggest a full installation whUe at the factory opposed to HBPD having to disassemble post-delivery. Optional Equipment Optional Equipment Other equipment, wiring and mounts to support the use of the will be required for this installation. Other equipment, wiring and mounts to support the use of the will be required for this installation Other equipment, wiring and mounts to support the use of the will be required for thls installation *Note -The first aircraft delivery will have the 64-gallon main fuel tank installed. Subsequent aircraft (second and third} will have the 60.5 Gallon (229 L} Crash Resistant Fuel System per Title 14 of the Code of Federal Regulations (14 CFR) Parts 27 and 29, and in Title 49 of the United States Code (49 U.S.C.) § 44737 (2018). MOHi will require all Customer Furnished Equipment in a timeline manner while provisions are being installed to properly function check and test associated systems. 1 .. 2) Section 3, Scope of Work, Part 8. Transfer of Equipment MOHi understa.nds and agrees that the City will remove certain equipment from the existing MD 52ON aircraft to be Installed on the new aircraft, as they become available, and that this work effort is not part of this Scope of Work. The equipment to be removed and not included in any outfitting of the new units or sale of existing aircraft is: CF-9.59 Rev-1 MOHi Control No.: MD132041l21-HBPD Cl-7.2.2-S 4 MD HeUcopters, Inc. 15May2021 USE OR DISCLOSURE OF OATA ON THIS PAGE IS SUBJECT TO THE RESTRICTIONS ON THE COVER OF THIS DOCUMENT. MDHI PROPRIETARY DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 • L3 MX-lOSystem •Aerocomputers UC6000 Moving Map System •Night Sun SX16 System •TDFM 9300 (as stated above in Scope of Work) Respanseta City of Huntington Beach RFP for Pallce Helicopters lnvitatlan # 2021-0504 Helicopter Purchase (3) Proposal MOHi will require HBPD to supply the above equipment in a timely manner to ensure full operation of the systems that have provisions installed. MDHI may suggest having the full instal.1 for certain items (i.e., cargo hook) as opposed to provisions to save on HBPD personnel allocation of time and material. These suggestions may a.lso prevent HBPD from having to re.move critical components and materials from the aircraft to complete the install at the HBPD facility. There may be additional charges required for anything above the basic provisions for the installation of the above referenced items that will be customer supplied. 1.3) Section 3,. Scope of Work, Part C. Warranty The MOHi Warranty for Commercia.l aircraft is for a period of three (3) years upon delivery of the aircraft. MDHl's sole obligation under this New Helicopter Warranty is limited to the replacement or repair (at MDHl1s sole option) of parts, which are determined to MOHl's reasonable satisfaction to be defective within two thousand (2000) hours of operation or three (3) years after acceptance, whichever o.ccurs first. For warranty claims flied within the first year or one thousand ,1000) hours, whichever occurs first, MOHi will pay one hundred percent (100%) of the cost of parts and labor at the current MDHl published labor rate to either in its sole discretion repair or replace the part. For warranty claims filed within the second year or after one thousand (1000) hours, whichever occurs first, MOHi will prorate the cost of the replacement part, or repair at the current MOHi published labor rate, based on the number of months or number of hours in service whichever occurs first, In accordance with the set proration schedule (Refer to Proration Schedule for New Helicopter Warranty). Replacement parts will be serviceable and will have at least the life remaining .of life limited parts, if applicable. Parts covered under this New Helicopter Warranty with a service life of less than two thousand (2000} hours will be prorated based on their published service life. Repair or replacement parts are warranted for the remainder of this New Helicopter Warranty period only. Written notice of a New Helicopter Warranty claim must be provided to MOHi no later than thirty (30) days after the date of discovery of the defect. CF,9.59 Rev-1 MDI-II Control No.: MD1320412U,HliPD c.1-1..:2.2-ss MD Helieopters, lne. 15May2021 VSI! OROlSCLQSURI! OF DATA OJ\4 THIS PAGE IS.SUBJECT TO THE �STRICTIONS ON THE COi/ER OF THIS DOCUMENT. IIIIDHI PROPRIETARY DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 1.4) Section 3, Scope of Work, Part D. Training Table z. Proposed Training Program Total .am afMeu Pdot.D1ffenancu tnalnmg It MDHI Usl"IM°"'lq ..... tl9day'&wldl Slllghthmm andlhrnnaflfl/lUnd): $ 6,800.00 $ ll,200.00 NoCIHlqa tNaD Oastaf M1s• Tal:hTmning (Upto8JitUdantlfar2 Response to City of Huntington Beach RFP for Police Helicopters Invitation # 202.1-0504 Helicopter Purchase 13) Proposal Not11 waatcs); $8,t!t for uptoi ttudems (2--SlUdlnCS} $ 4,fll.00 $ 4,685.GO HoCINlrte ! Alrcraftwaufd &ypkally equatetotrlinln1 for s tetlll. Oft lDatlon RemffimtTmningfor Ill pilals-S O.y.s Dlllly ble X 5 day'&not lndudlllcflllht,hatel and (SOaystotatw/� $14,000.00 $120,000.00 NoCIHlqa trMSportlltion Totalffom Above . $ 111S,185.00 HoCIHlqa $ S0,000.00 .... TotalhlcendlleOffarmpOVarS.Ynrtellad 1.S) Section 3, Scope of Work, Part E. Sale •Of Existing Fleet MOHi agrees to facilitate the sale of three existing City-owned MD 520N aircraft, FAA Aircraft ID numbers: •N521HB •N522HB • N523HB MOHi wiH work within the parameters of the City's delivery schedule on the sale of the existing MD 520N aircra.ft with the understanding that the transfer of equipment, as defined in Section 3, Scope of Work, Part B. Transfer of Equipment, may take up to two months to complete. *Note -The first aircraft delivery will have the 64-gallon main fuel tank installed. Subsequent aircraft (second and third) will have the 60.5 Gallon (229 L) Crash Resistant Fuel System per Title 14 of the Code of Federal Regulations (14 CFR) Parts 27 and 29, and in Title 49 of the United States Code {49 U.S.C.) § 44737 (2018). MDHJ will req.uire all Customer Furnished Equipment in a timeline manner while provisions are being installed to properly function check and test associated systems. Section 3, Scope of Work, Part B. Transfer of Equipment MOHi agrees to participate In any sales negotiations specific to HBPO parts Inventory for existing MD 52-0N aircraft. CF-9.59 Rev-1 MOHi Control No.: MD13204122l•HBPD Cl-7.2.2-5 6 MD Helicopters, Inc. 15May2021 USE OR t>lSClOSUl!E OF OATA ON THIS PAGE IS SUBJECT TO THE RESTRICTIONS ON THE COVER OFTHIS DOCUMENT, MDHI PROPRIETARY $5GI Jlllr1:s <Nidlt tro be.UHd _,. dyr........ MIA DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 1.6) section 3, Scope of Work, Part F. Performance Bond Response to City of Huntington Beach Rf P for Police Helicopters Invitation# 2021-0504 Helicopter Purchase ($1 Proposal MOHi requests additional options outside of the performance bond. A performance bond could be of substantial cost, which would then be passed onto the customer (estimated to be in excess of $500,000). If this is only a requirement by the financial institution being used by HBPO to finance the aircraft, MOHi would request additional options. 1. 7)Section 3, Scope of Work, Part G. Inspection MOHi agrees and wekomes the City inspection of our equipment and facilities at a mutuaJly agreed upon time. 1.8) section 3, Scope of Work, Part H. Financing MOHi has offered points of contact for National Bank of Arizo.na and their affiliates. Also, MOHi will offer discount points for full prepayment of the full contract in the amount of 1..0%. CF-9.59 Rev-1 MOHi Control No.: MD132041221-HBPD Cl-7.2.2-5 7 MD Helicopters, Inc, 15May2021 US£ OR DISCLOSURE Of l>ATA ON THIS PAGE IS SUBJECT TO THli RESTRICTIONS ON THE COVER Of THIS OOCUMENT. MDHI PROPRIETARY DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 2) Client Satisfaction 2.1) Performance Guarantees Response to City of Huntington Beach RFP for Police Helicopters Invitation# 2021-0504 Helicopter Putchase f3l Proposal Table 3. MD 530FF Performance Specification$ '1110 SSOFF Pelfc,nnance Speclflcationt w/ 64 Gal U-ln Fuel Tank ·�•. . · ·: : . Maximum Cruise Speed, kt (mph) {km/hr] Maximum Permitted Speed, kt (mph) [km/hr] Maximum Range, nm, (ml) [kmJ Maximum Endurance, hr Maximum Rate-of-Climb, ft/min (m/sec) Maximum Operating Altitude, ft (m) Service Ceiling, ft (m) Maximum Hook Capacity, lb (kg} Ro�i/P'���tNil�\incli. Hover-in-Ground Effect (HIGE), ft (m) Hover-Out-of-Ground (HOGE), ft (m) l�!!IJt•··.· "• ., Maximum Takeoff Gross Weight, lb (kg) MGTOW External Load Operations, lb (kg) Empty Weight lb (kg) Useful Load, lb (kg) External Load Operations, lb (kg) Fuel Capacity, lb (kg} CF-9.59 Rev•l MOHi Control No,: MD.132041221-HBPO . ·o��attion . Sea Level ISA 1524 m {5000 ft} VNE at Sea Level Sea Level 1524 m {5000 ft) Sea level , ISA Sea Level Standard Day I.SA +20C day Density altitude ISA . tonttitiln· Standard Day ISA+20CDay Standard Day ISA+20CDay Oo11«itlo1t Normal Category External Load Operations Standard Configuration Normal Capacity 64 gal (2421) .Cl-7.2,2-5 88 . lltl�riaf. 134 (154) 135 (155) 152 (175) 216 (248) 260 (299) 2.2 2,069 2,061 20,000 18,700 2,000 lmpei{af 16,000 14,300 14.400 11,600 lmJttfaJ; 3,1.00 3,750 2,159 1,591 1,509 2,159 403 .. . ••• [248] {250] [282] [400] [482] 2.2 (10.5) (10.5) (6096) (5700) (907) •• (4877) (4359) {4389) (3536) Mttde (1406) (1701) (979) (722} (684) {979) (183) MD Helicopters, Inc. 15 Mayi.02.1 _J I I I --J ~ J -I - -. - ' . i--------i---- ·~~l=, -1r--=-=~ ~ I ' ~ j I -J j - I ' - ' I ==~=~_LJt=_~t=__ ~ -j - - j _J DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 Response to City of Hirntington Beach RFP for Police Helicopters Invitation# 2021-0504 Helicopter Purchase f3) Proposal .,,.OFFPel'fonnanctSpeclftcatton• wl 60.5 Gal CRFS �f ·~ .. Maximum Cruise Speed Maximum Range Speed ~: ~• - "n cs" Maximum Permitted Speed Maximum Range Maximum Endu.rance Maximum Rate of Climb Maximum Operating Altitude Maximum Hook Capacity .· �F!"Si,���ct2Dfoiwft\cf), In-ground Effect OUt-of-ground Effect '1') cw ~w -WeJgta ·. Maximum Gross Weight MD 530F Empty Weight MD 530F Useful Load ·. Main Fuel Tank; Crash Resistant Fuel System <1> Aux Tank- Row«l'Jilit0 Rolls-Royce Model 250 IV-C30 Gas Turbine Derated Powerfor Reliability and Safety ;,lctofltt� ; Sea Level 1,524 m. (5,000 ft,) 1,524 m. (5,000 ft.) VNe at Sea Level Sea Level 1,219m (4,000ft.) 1,524 m. (5,000 ft.) Sea Level Sea Level,. Standard Day Density Altitude Condft!op Standard Day ISA +20°C Day Standard Day ISA +20"C Day C<inJlfflon Normal Capacity External Load Operations Standard Configuration Internal Load External Load 229 fiter 60.5 gal 125 llter (33 gal.} F .J•n:litlon /·""•"'•· •"'" Rated Power Transmission Rating Max Continuous ftgp:.,,· 'iWdt 113 kt {130 mph) 209kmJhr. 110 kt. (127 mph) 204km./hr. 98 kt. (113 mph) 181 km./hr. 152 kt. (175 mph} 282km./hr. 194 NM (223 mi.) 359km. 218 NM (251 mi.} 404 km. 223 NM (257 mi:) 413km. 2.36hrs. 2.36hrs. 1,031 ft.lmin. 5.2m./sec. 16,000 ft. 41 8nm. 2,.000lb. 907kg lm�l --� 14,280 ft. 4,353m. 12,970 ft. 3,953m. 11,140 ft. 3,395m. 8,750 fl 2,667m. Irn�dal. Meme or ·-:.;. 3,3501bs. 1,519kg. 3i7501bs. 1,701 kg. 1,723 lbs. 782kg. 1,6271bs. 738kg. 2,027 lbs. 919kg. Empty -35.2 lbs. Empty 16kg. Full (Jet A) 447 lbs. Full (Jet A) 203 kg. Empty 56 lbs. Empty25 kg. Full (Jet A) 277 (bs. Full (Jet A) 126 kg. lm�JI Mttri9 650shp 478kW 425shp 313kW 350shp 257kW '1> Endurance will meet the minimum of 2.5 hours with the installed auxiliary fuel system installed with the standard 60.5-gallon crash reslstanttank. CF-9.59 Rev-1 MOHi Control No,: M0132041221-HBPO Cl-7..2.2-5 98 MO Heltcopters, Inc. 15May2021 ---- --- I ' - - I I ' - ' I - DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 2.2) MOHi Project Office Response to City of Huntington Beach RFP for Police Helicopters Invitation# 2021-0504 Helicopter Purchase (31 Proposal MOHi will appoint a Program Manager {PM) as the point of contact (POC} for the program. Using a step-by-step approach to identify, understand, resolve and prevent problems or issues, the PM will track all program management, materials, personnel, equipment, facilities, and hardware required to complete the requirements for thls .effort The MOHi PM will be responsible for day-to-day activities, including: •Program planning and program management •Technical oversight (including manufacturing} •Maintaining schedule and cost • Issue resolution •Integrated product team control and communication •Preparation of meeting agendas, presentations and minutes, 2.3) MOHi Quality System MOHi has an established and FAA-approved quality system conforming to AS9100D in al.ignment with IS09001-2015 to verify type design data, regulatory, and contractual requirements throughout the aircraft production process. The quality system is documented and maintained through the Quality Manual procedures, Operating Procedures and Company Instructions. Established documented processes provide consistent and repeatable results, including: •Aircraft records •Aircraft Inspection and final acceptance •Aircraft system and flight testing • Calibration • Configuration control •Control and identification of nonconforming material •Employee training •Engineering design / change • TooUng The quality organization performs quality control/ assurance activities using dedicated inspections and quality engineer personnel. The quality control / assurance activities include: •Supplier quality assurance reviews, audits, and approval •Supplier monitoring of performance and product quality •Supplier quality related resolution •Inspection of raw materials,. parts, assemblies, and aircraft to approved inspection criteria CF-9.59 Rev-1 MOHi Centro! Ne.: MD13204.1221-HBPD CH;2.2-5 10 MD Hellcepters, Inc. 15May2021 DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 Response to City of Huntlngto.n Beach RFP for PoJlce Helicopters Invitation# 2021-0504 Helicopter Purchase (31 Proposal •Control of nonconforming materials and parts which, when identified, are segregated, documented, dispositioned, repaired, or reworked and re-inspected by authority of Material Review Board System •Nonconforming material trend analysis •Quality requirements and processes creation •Corrective / preventative action program oversight •Qual ity system / process internal audits •Material Review Board oversight 3) Project Schedule The proposed project schedule ls as follows: •Delivery of first aircraft upon completion at MOHi facility-6-8 mo.nths from Contract Award: - Swap one MD 520N to MD 530FF. •Each subsequent aircraft will be delivered 90-120 days after the previous delivery or as negottated or required *Note-The first aircraft delivery will have the 64 gallon main fuel tank. install.ed. Subsequent aircraft (second and third) will have the 60.5 Gallon (229 L) Crash Resistant Fuel System per Title 14 of the Code of Federal Regulations (14 CFR) Parts 27 and 29, and in Title 49 of the United States Code (49 U.S.C.) § 44737 (2018).. NOTE - Schedule is negotiable as required. MDHI will make every attempt to meet customer delivery requirements. 4)Requirements from City Staff MOHi will require all Customer Furnished Equipment (CFE) at the earliest convenience that would not hinder HBPO operations. Provisions will be installed to run CFE items, which will require function checks and tests prior to delivery of the aircraft. MDHI would like ample time to ensure the proper usage and operation of all items. 0:-9,59 Rev-1 MOHi Control No.: MD132041221-HBPO Cl-7,2.2-5 11 MD Helicopters, Inc. 15May2021 DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 D.STAFFING Peter Bachner Keith Cave Josiah Thomas Resumes are on the following .pages .• CF-9.59 Relf-1 MOHi Centro! No,: MD1320412:U-H8PD Response to City of Huntington Beach RFP for Police Helicopters Invitation # 2021-0564 Helicopter Purchase (3)Proposal Functional Responsibllity Director of Program Operations Program Manager Crew.Chief MD Helicopters, Inc. 15May2021 USE OR DISCLOSURE OF DATA ON THIS PAGE IS SUBJECT TO THE RESTRICTIONS ON THE COVER OF THIS DOCUMENT, MDHl PROPRIETARY Employee Name DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 MD HELICOPTERS PITTR BACHNER DIRECTOR OF PROGRAM OPERATIONS PROFESSIONAL EXPERIENCE MD Helicopter, Inc. - Mesa, AZ. Director of Program Operations MADE IN AMERICA 2007-Present •Direct the daily activities of program managers on customer focused and Internal Research and Development programs. •Directly managed customer delivery for new production helicopter and major helicopter overhauls. •Responsible for the generation of pricing models. Director of Operations •Oversee daily operations of helicopter production. •Direct activities of plant facilities operations for six manufacturing, administration, warehousing, and aircraft hangar space. •Develop departmental budgets and long-term capital expenditure requirements. •Assure foll.owing of quality procedures and assist in development and implementatio.n of root cause corrective actions. •Drive continuous improvement though engineering design, manufacturing seque.ncing and tooling improvements. Process Engineer •Introduce visual work instructions. •Implement Vendor Managed Inventory (VMI} program for low cost hardware. •Perform line Bafance activities to optimize workflow and achieve schedule attainment. •Utilize Value Stream Mapping to analyze both production workflow and transactional processes. •Developed a series of production metrics to communicate the state of manufacturing operations. Metri.cs: safety, schedule attainment, labor efficiency & cost, quality. •Developed daily labor tracking tool for supervision to analyze productivity and schedule l abor. •Conduct daily production meetings with manufacturing directors and managers to review daily p.roduction issues and schedules. •Responsible for updating part routings and Bill of Materials. EDUCATION Bachelor of Science, Industrial Engineering Pennsylvania State University, State College, PA CF-9.S9 Rev-,1 MOHi Control No,: MD132041221-H8PD Cl-7.2,2-S 13 1997 MD Helicopters, Inc. 1SMay2021 USE OR DISCLOSURE OF DATA ON THIS PAGE IS SUBJECi TO THE R£STRICTIONS ON THE COVER OFTHIS DOCUMENT. MDHI PROPRIETARY DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 MD HELICOPTERS MADE IN AMERICA PROFESSIONAL EXPERIENCE MD Helicopter, Inc. -Mesa, AZ. Program Manager KEITH CAVE PROGRAM MANAGER 2017-Present Plan, direct, control, monitor and support Programs to en.sure completion within defined cost, schedule, and scop.e objectives. Coordinate between Customer and MOHi Integrated Product Team (IPT}, minimally consisting of Business Development, Engineering, Operatrons, Contracts, Supply Chain, and Finance. •Manage multiple commercial and Military helicopter Programs. •Collaborate with IPT to obtain data for initiation of Programs. •Represent MOHi and coordinate with Vendors at high profile trade shows. •Manage and document Program changes, maintain customer and team expectations. United States Army 1994-2017 Sikorsky UH-60 (S-70) Aircraft Maintenance Supervisor Led, mentored,. and trained Army technicians while supervising scheduled and unscheduled maintenance on UH-60 {S.ikorsky S-70) and CH-47 {Bo.eing Model 234) helicopters. Flew over 1000 hours as a Crew Chief under day/night and NVG conditions. •Lead teams � 60 technicians, supervising component removal, inspection/installation; unscheduled maintenance, routine inspections on UH-60 and CH-47 helicopters. •Trained Soldiers to replace gearboxes, transmissions, rotor hubs, engines, auxiliary power units, rotor blades, stabilators, main landing gear components, fuel system components, electrical systems, ffight control rods, and documented all aircraft maintenance actions using the required maintenance forms. •Trained and enforced OSHA and EPA regulations, shop and fUght-line safety, ensured a clean, safe and healthy work area for all team members. EDUCATION Master of Science,. Project Management 2017 Embry-Riddle Aeronautical University, Daytona Beach, Florida CERTIFICATION ANO AWARDS •Project Management In.satiate Certified Project Management Professional (PMP) •FAA .Airframe and Powerplant {A&P) Certificate number 3628233 •US Army Air Medal CF-9,59 Rev-1 MDHl Control No.: MD132041221-H8PD Cl-7.2,2-5 14 MD Helicopters, Inc. 15May2021 USE OR DISCLOSURE OF DATA ON THIS PAGE IS SUSJECTTO THE RESTRICTIONS ON THE C:OVER,OFTHIS DOCUMENT. MDHI PROPRIETARY i a~. ,. "" -- DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 MD HELICOPTERS ti/1,iHlE IN AMERICA PROFESSIONAL EXPERIENCE MD Helicopter, Inc. - Mesa, AZ. Avionics Technician IV JOSIAH THOMAS CREWCHI.EF 2019-Present Install, inspect, test, adjust, or repair avionics equipment, such as radar, radio, navigation, and missile and gun control systems in aircraft. Test and troubleshoot instruments, components, and assemblies, using circuit testers, oscilloscopes, or voltmeters. Beckman Coulter- Brea, CA. 201&-2019 Field Service Engineer Perform troubleshooting, repair, scheduled maintenance and modifications on mechanical and electronic components in laboratory diagnostic instruments. U.S. Navy 2006-2016 Aviation Electronics Technician Performed troubleshooting and repair of RADAR, navigation, communication, and weapons systems for U.S. Navy fighter aircraft. Reco.gnized as a superb leader, quickly promoted and put into management of 12 personnel , reducing backl og by 54%. Worked in quality assurance promoting safety and preventing the occurrence of defects for all departments in the division. Earned Navy/ Marine Achievement medal for outstanding leadership. EDUCATION United States Navy Lake Powell School, Utah CERTIFICATION. AN.D AWARDS • MD Helicopters, 06/2020 2006-2('116 2000 Delegation of inspection authority (limited). Limited delegatio.n of Inspection authority for strip, crimp, solder, and inserts for production. •Center for Naval Aviation Technical Training, Aviation Electronics, 04/2007-06/2011 F/A:·18 AVfonlcs System Career Organizational Maintenance (2011) F/A-18 Avionics System Initial Organizational Level Maintenance (2007) F/A-18 Wire Bundle and Connector Repair (2007) •Tinker Air Force Base Training Center, Aviation Electronics, 10/2006 Aviation Electronics Technician Organizational Level •Center for Surface Combat Systems, Electronic Fundamentals, 06/2006 Organizational Apprentice Technical Training CF-9.59 Rev-1 MOHi Control No.: MD13'2041221-HBPO Cl�7.2.2-S 15 MD Helicopters, Inc. 1SMay2021 USE OR Ols<:l0$URE OF DATA ON THIS PAGE IS SUliJl:CTTO THE RESTRICTIONS ON THE COVER OF THIS DOCUMENT. MDHI PROPRIETARY DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 E. QUALIFICATIONS 1) Key Staff Qualifications Response to City of Huntington Beach RFP for Police Helicopters Invitation# 2021-0504 Helicopter Purchase Ill Proposal MOHi, as the aircraft OEM, employs a dedicated team of highly qualified personnel with years of experience in engineering, configuration management, accident investigations, program management, manufacturing, and supply chain functions for both Direct Commercial and U.S. Military co.ntracts. MOHl's Engineering Department i:S second-to-none for the MD 530F rotary wing aircraft with capability to support Depot Level repairs, sustainment engineering, aircraft modification engineering, component overhauls and technical data is manifest in our expertise and knowledgebase as exhibited over the last 60+ years. To maintain our worldwide fleet of helicopters, MOHi has a dedicated.Afte.rmarket work force, the MD Wolfpack, which consistently performs and advises on the repair of all of MDHl's aircraft globally. The MD Wolfpack team travels the world performing modifications, inspections, training, and delivery of MOHi aircraft. As part of the Program Management process, MOHi uses a step-by-step approach to identify, understand, resolve and prevent any problems or issue.s. The MOHi Program Manager has the knowledge and authority to resolve any problems and implement corrective actions. should the need arise. MOHi will engage highly proficient engineering, program management and technical resources skilled in all tas.ks outlined in the City's Scope .of Work. See Section D, Staffing for MOHi key personnel that wfll support the City's project for Police Helicopters. 2) MOHi Qualifications MOHi has a long and storied history as the Original Equipment Manufacturer (OEM) of commercial and military aircraft for hundreds of customers around the world. MOHi users rely on MOHi aircraft's superior reliability, ruggedness, ease of operation and low operating costs. For over 60 years we. have introduced industry .advancements and innovations specifically targeted to keep o.perators safe, while empowering customers with the increased capabilities, greater mission versatility and superior performance needed to execute a broad range of mission profiles, including training, military combat operations, law enforcement, and commercial/leisure applications. The MOHi family of heli.copters includes commercial and military variants of our MD 500 Series helicopters-designed specifically to supply speed, safety, agility and the ability to operate with ease In confined spaces-as well as a fleet of technologically advanced NOTAR® helicopters, like the single engine MD 520N and the twin engine MD 902 Explorer. MOHi aircraft are manufactured and assembled at our Mesa, AZ production facility. MOHi is an FAA-certified production facility and has an established, FAA-approved quality system conforming to AS9100D in alignment with 1S09001-2015. MOHi has extensive CF-9.59 Rev--1 MOHi Control No.: MD132041221-HBPD Cl-7.2.2-5 16 MD Helicopters, Inc. 15May2021 DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 Response to City of Huntington Beach RFP for Police Helicopters Invitation # 2021-0504 Heltcopter Purchase f3l Proposal experience integrating new technolo.gies onto existing rotorcraft, subsequent FAA certification and the Army Airworthiness Release. (AWR} process. Customization of commercial derivative aircraft is accomplished in the MOHi Completions Center, which operates under FAA Repair Station Ucens.e Part 145. MOHi maintains the following certifications, copies of which are available upon request: •FAA Production Certificate Number 715NM •Type Certificate No. H3WE •Repair Station -Air Agency Certificate No. M82R545V •MDHI Management System Certificate (AS91000 Certification) MOHi continues to invest heavily in Research & Development (R&D) for all of our aircraft. The integration of next generation technologies, and the incorporation of Innovative design and manufacturing processes are enabling MOHi to grow our position within the aviation industry. MOHi ls currently fulfilling contracts for MD 530F aircraft for use around the world. 3) Client References Our customer relationships are one of MDHl's greatest assets, and we welcome the opportunity to have our customers discuss with the City their experiences working with MOHi. We are happy to coordinate this activity with the City .if needed. MDHI CONTACT INFORMATION: Name: Jason Lindauer Title: Director of Commercial Sales Office: 480.346.6373 / Mobile: 480.353.6587 Email: Jason.lindauer@mdhelicopters.com MOHi has provided three client references for law enforcement operational missions. Gwinnett County Police Department Gwinnett County Polfce Department 770 Hi Hope Road Lawrenceville, GA 30043 Richard King, Captain -Aviation Unit 0: (770) 285 2555 Rlchard.King@gwinnettcounty.com Project Description: The Gwinnett County Police Department fleet includes three MD 530F aircraft. Project Start. 114/2018 / Project End: 8/14/2019 CF-9.59 Rev.-:1 MOHi Control No.: MD13.2041221-HSPD Cl-7.2.2.•5 17 MD Hellcopters, Inc. 15May2.021 DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 Mesa Police Department Mesa Police Department 5110 E. Falcon Drive Mesat AZ 8.5215 Randy Wilson, Administration 0: (480) 844-4344 Randy.wilson@mesaaz.gov Response to City of Huntington Beach R.FP for Police Helicopters Invitation # 2021-0504 Helicopter Purchase (3) Proposal Project Description: The Mesa Police Department fleet includes two MD 500E aircraft and one MD 530F aircraft. Project Start: 5/19/2014 J Project End: 6/25/2015 Las Vegas Metropolitan Police Department Las Vegas Metro PD 3600 Thunderbird F,eld Rd N. Las Vegas NV 89032 Sgt. Steve Morris, Chief Pilot (702) 828-0153lvmpd.com Project Description: The Las Vegas Metropolitan Police Department fleet includes three MD 530F aircraft. Project Start: 4/27/2015 / Project End: 10/15/2015 CF-9.59 Rev-1 MDHI Control No.: MD132041221-HBPD Cl-7.2.2-5 18 MD Helicopters, Inc. 15May2021 DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 F.FEE PROPOSAL Response to City of Huntington Beach RFP for Police Helicopters Invitation# 2021�0504 Helicopter Purchase (3l Proposal Pricing Schedule Section A: New Helicopter lttUtJ .\ Ne>. Qty .WM D.es�riptit>n 1 3 EA Aircraft 2 3 EA Options 3 1 -Engineering 4 3 EA Mission Equipment 5 0 -Flight and Maintenance Training 6 1 -Parts Credit Section B: Sale/Trade-in Valuation Item No. Qty. U/M Dt$0rfption 1 1 EA Sale/Trade-in Valuation (1998) 2 1 EA Sale/Trade-in Valuation (2001) 3 1 EA Sa.le/Trade-in Valuation (2007) 4 LS Misc. Inventory/Parts CF-9.59 Re,H MDHI Control No.: MD1a2041221-HBPD Cl-7.2.2-5 19 Cost Each $2,950,000 $554,406 $59,943 Sub-Total {$250,000) $185,885 ($50,000) TOTAL SECTION A: Val.uation $585,000 $685,000 $835,000 $400,000 TOTAL SECTION B: Ex.ten.ion $8,850;000 $1,663,217 $59,943 $10,573,160 ($750,000) $0 ($50,000) $9,7&3,54E Extension $585,000 $685,000 $835,000 $400,000 $2,505,000 MD Helicopters, Inc. l5May2021 USE OR OISCLOSURE OF DATA ON THIS PAGE ISSUSJECTTO THE RESTRICTIONS ON THE COVER OF THIS DOCUMENT. MDHI PROPRIETARY - • --111,--i I -- I I I ---' j i I J_ -l l I l l - -' J_ _J _J i i I , I I I -' J l j'_ L _J -J I j 1_ J - I I L__ _L_ -- DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 NET COST: Total Section A Total Section B (-) $9,763,546 $(2,505,000) Brokerage Fee $63.150 Additional 1% Discount (-) $(72.682} *Estimated tax on the gross total of $9,763,546 *$756,674 Net Cost $8,005,688 Response to City of Huntlngton Beach RFP for Police Helicopters Invitation# 2021-0504 Helicopter Purchase {31 Proposal Please note, brokerage fee to be paid to MD Helicopters Australia at the time of sale of the currently owned MD520N's. Each will be sold individually per the example chart on Page 2, Section B, Delivery Schedule of this proposal. The chart is only an example and is solely used to reflect a model and timeline that could be used. Each new aircraft sale of the MD530F's to Huntington Beach Police Department will be individually invoiced at the time of delivery. The sum of funds.from previously sold aircraft and budgeted RFP funds will net $3,230,288. The projected sales total of section B is $2,505,000 with an estimated brokerage fee of $63,150 to be paid to MD Helicopters Australia which have a net remainder of $2,441,850. *Estimated California taxes are $756,674. This is calculated at 7.75% of the gross amount of $9,763,546. There may be possible tax exemptions and/or state and local government requirements. Buyer Is encouraged to engage in legal tax representation to review these possible exemptions. If CUSTOMER claims tax exempt status, CUSTOMER will so indicate and will provide MOHi with a copy of an exemption certificate acceptable to the ref evant taxing authority prior to delivery. CF-9.59 Rev--1 MOHi Control NO,! MD132041221-HBPD Cl-7,2,2·5 19 MD Hellcopters, Inc. 15May2021 USE QR OISCLQSURE QF DATA ON THIS PAGE ISSUBJECTTO THE RESTRICTIONS ON THE COVER OF THIS DOCUMENT. MDHI PROPRIETARY DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 Pricing Summary-Breakouts Ai�raft Build Pricing Summary Response to City of Huntington Beach RFP for Police Helicopters Invitation# 2021-0504 Helicopter Purchase (31 Proposal O.acrlpflon Price Quantity Extended Price Aircraft $2,960,000 Options $551,201 Engineering $59,943 Sub-Tot.al 1: ;. .; · .. - .\ :· I• Mi.ssion Equipment Discount ($250,000} Flight and Maintenance Training $1.85,885 Parts Credit ($50,000) Total La)N Efffotetrnent Configuration ltems Deaoripflon Wire Strike Protection System (WSPS) Upper only STC SH1713SO Comfort Windows 2X Cabin, 2X Cockpit, W/Pop-out Vents (Quick Change) Footswltch Dual Rocker G500 Txi HSVT Enablement Card 2 x TDAP 611 Audio Panels in Cockpit, 1 x AA 12S-002 in Cabin W/2 lapel cords (Replaces GMA350H Audio Panel installation) 21 Gallon Aux Tank STC SH656GL Samson Plus landing light with flashing function PA LSA400 Sirens System, External With LSC22 Controller &TS-300 Speaker, Recessed Mount COM, Transfer Switch, CycllcJ COM1 CF-9.59 Rev:-1 MOHi Control No •. : MD132041221-HBPO Touch Labor $10,447 $1.672 $1 1393 $0 $8,358 $11,144 $1,393 $6,408 $1,114 Cl-7.2,2-5 20 Material $25,342 $10,549 $74 $9,224 $22,091 $23,077 $2,855 $15,691 $23 3 3 1 .· 3 0 1 $8,850,000 $1,663,603 $59,943 $10,563.�46 :. I• ($750,000) $0 ($50,000} $9,763,546 Englnetring Total Labor $0 $35,789 $0 $12,221 $0 $'1,467 $0 $9,224 $0 $30,449 $0 $34,221 $0 $4,248 $0 $22,098 $0 $1,137 MD Helicopters, Inc. 15May2021 USE OR DISCLOSURE OF DATA ON THIS PAGE IS SUBJECT TO THE RESTRICTIONS ON THE COVER OF THIS DOCUMENT. MDKI PROPRIETARY DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DBODFEC9 Law Enforcemtnt configuration ltttms Description NVG Compatible cockpit interior (NVIS B} Garmin GTR 2258 NVG TDFM 9300 Radio TDFM 9300 Radio Installation (Provisions) Aircraft Interior, Mesh Seats, black, 2X cockpit 1x Bench Fargo Compatible 369H90040-519* MOHi Monitor Mount MB12 Aero Computer UC6000 Mapping System withAK-4.S keyboard, MB12 Monitor, Customer Furnished UC 6000 W/8130 (Provisions) MOHi Left Side Mount NlghtSun SX-16 Enhanced (Provisions) MOHi Right Side Mount with provisions for MX-10 LED Cockpit/Cabin Map Lights Paint, Two Color Scheme Provisions Car90 hook provisions; Onboard Systems TALON LC Hydraulic Cargo Hook with Attach Point Interior, Paravfon Door Openers, Cabin, STC SH2735NM Raptor Riffe Racks ., .. .. . ; .. ·.· ·. �·• ..... ; .. · .. Per Ship Engineering CF-9.59 Rev-1 . . MOHi Control No.: M0132041221-HBPD Touch Labor $8,358 $2,786 $0 $4,179 $27,860 $6,965 $6,.965 $6,965 $8,358 $1,114 $23,209 $6,826 $836 $836 $147,184 Cl-7,2.2-5 21 Material $86,126 $6,025 $0 $9,505 $76,744 $758 $70,563 $2,275 $18,471 $1,617 $3,628 $17,164 $659 $1,556 . .· $404,017 Response to City of Huntington Beach RFP for Police Helicopters Invitation# 2021-0504 Helfcopter Purchase (31 Preposal Engineering Total Lab.or $11,239 $105,724 $0 $8,811 $0 $0 $14,049 $27,733 $0 $104,604 $0 $7,723 $14,986 $92,513 $0 $9,240 $19,669 $46,498 $0 $2,731 $0 $26,837 $0 $23,990 $0 $1,495 $0 $2,391 ·.• $551,201 $59,943 $59,943 MD Helicopters, Inc. 15May2021 USE OR 0150.0SURE OF OATA ON THIS PAGE.IS SUBJECTTO THE Rl!STRICT!ONS ON TI-IE COVER OfTHIS DOCUMENT. MDHI PROPRIETARY ------- USE Oft DISCLOSURE OF DATA.ON TtttS PAGE IS SUBJECT TO THE RESTRICTIONS ON THE covatOF THIS DOCUMENT. US-DOCS\133302709.6 Exhibit C Equipment 1. L3MX-10 IR camera 2. Spectro Lab search light 3. Technisonic Radio 4. Aerocomputers moving map system DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 Timothy L Starn 2737 Albatross Drive Costa Mesa, CA 92626 714 .321.9229 ABLEAVIATIONCONSUL TANTS@YAHOO .COM July 7, 2023 Chief Eric Parra City of Huntington Beach 100 Civic Center Drive Huntington Beach, CA 92648 Dear Chief Parra, LEADE!'. I N HYPEP.CJ:..R ll ✓VEf✓TOF;Y I am writing to express my intent to purchase the MD520N Helicopter SN LN 105 from the City of Huntington Beach for $550,000. The helicopter is sold as is in airworthy configuration with all components and inspections up to date. I would like to schedule a time to inspect the helicopter in person. I am willing to wire the funds within 5 days of the inspection and execution of this letter of intent. I understand that this is a non-binding letter of intent and that the sale of the helicopter is subject to the execution of a final purchase agreement. Thank you for your time and consideration. Sincerely, ff~- Timothy L Starn 1 561 W. MacArthur Blvd ., Costa Mesa, CA 92626 888-315 -9878 Svendsbo,Bo From: Goodspeed, Jerry Sent: To: Subject: Tuesday, July 18, 2023 9:16 AM Archer, Thoby; Svendsbo, Bo FW: N523HB -Findings From: ryan@alliedaerosolutions.com <ryan@alliedaerosolutions.com> Sent: Monday, July 17, 2023 6:40 PM To: Goodspeed, Jerry <JGoodspeed@hbpd.org> Cc: ableaviationconsultants@gmail.com Subject: N523HB -Findings Hi Jerry, Thank you for accommodating Tim and I at your facility today. After reviewing the aircraft records for N523HB, the following items are what I have found are currently due or coming due. Fan bearing visual inspection and re-greasing (Due 7/1/23) -Fan bearing retainer inspection (Due 7/1/23) -Transponder test (Due 4/30/23) -Pitot/Static Test (Due 4/30/23) -Annual inspection Ref 05-20-15 (Due 7/20/23) -Fwd/aft fan cable coupler inspection (Due 7863.3 hrs) -M/R transmission oil change (Due 7863.3 hrs) -M/R driveshaft inspection (Due 7863.3 hrs) -PC Safety Valve inspection (Due 7863.3 hrs) -MRB root and skin inspection (Due 7863.3 hrs) -Full length skid shoes inspection and torque check (Due 7863.3 hrs) -ELT 100 hr inspection (Due 7863.3 hrs) -Airframe 100 hrs and 300 hrs inspection (Due 7863.3 hrs) -Torque tube check (Due 7863.3 hrs) -Fuel nozzle cleaning (Due 7863.3 hrs) -Mist eliminator and access door check (Due 7863.3 hrs) -Cargo hook 5 yrs overhaul (Due 6/28/23) -Cargo hook installation inspection (Due 7863.3 hrs) Please let Tim or I know if you have any questions. Best Regards, Ryan Olsen 1 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-648 MEETING DATE:8/1/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Eric Parra, Chief of Police PREPARED BY:Lt. Shawn White and Ingrid Ono, Executive Assistant Subject: Request to approve a three year agreement with Waymakers for Gang Prevention and Intervention Program services Statement of Issue: City Council is requested to approve a three-year contract totaling $298,092 with Waymakers for the management of the City’s Gang Prevention and Intervention Program. Financial Impact: The full 3-year cost of the agreement is $298,092. Sufficient appropriations are available to fund the first year of the Waymakers contract under the FY 23/24 Operating Budget in Business Unit 10070705.69365. Future fiscal years will be budgeted accordingly. The annual fixed fee schedules are as follows: Year 1: $96,442; Year 2: $99,335; and Year 3: $102,315. Recommended Action: Approve and authorize the Mayor and City Clerk to execute a “Professional Services Contract between the City of Huntington Beach and Waymakers for the Management of Gang Prevention and Intervention Program.” Alternative Action(s): Do not approve, and direct staff accordingly. Analysis: The City’s Gang Prevention and Intervention Program provides direct services to high-risk youth ages 10-18.Referrals to this program come primarily from the Police Department after contact with youths at risk for recruitment into local gangs. The focus of the program is the strengthening of the family unit, providing them with the tools needed to divert youth from potential gang involvement and violence. The core of the program will be direct services to high-risk youth ages 10-18 built around recognition that youth engage in acting-out City of Huntington Beach Printed on 7/26/2023Page 1 of 2 powered by Legistar™ File #:23-648 MEETING DATE:8/1/2023 behavior due to a breakdown in the effectiveness of traditional family/school/community structures where they would normally fulfill needs for love, self-esteem, personal meaning, stability, and socialization. These services will include counseling groups, enrichment activities, community service projects, leadership opportunities, and vandalism/graffiti accountability. Since 1992,the Huntington Beach Police Department has contracted with Waymakers (formerly known as Community Service Program,Inc.[CSP])to manage and provide these Gang Prevention and Intervention services.Their current contract with the City expired on June 30,2023.On March 24,2023,a Request for Proposal was issued by the City of Huntington Beach.Two agencies submitted bids to the city,Waymakers and Arjuna Oneal,LLC.Both bids were reviewed by police management,familiar with the gang prevention and intervention needs within the City of Huntington Beach.Waymakers was selected based on their complete and comprehensive bid and addressing all scopes of work detailed in the proposal.Additionally,Waymakers has provided over 33 years of a successful partnership in gang prevention and intervention for the City of Huntington Beach. In summary, City Council is requested to approve a three-year contract, totaling $298,092, with Waymakers for the management of the City’s gang prevention and intervention program. Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: Financial Sustainability, Public Safety or Other Attachment(s): 1.Waymakers Gang Prevention and Intervention Contract 2.City of Huntington Beach Certificate of Liability Insurance City of Huntington Beach Printed on 7/26/2023Page 2 of 2 powered by Legistar™ PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND WAYMAKERS FOR GANG PREVENTION AND INTERVENTION 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 Waymakers, a Non-profit California Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide services related to gang prevention and intervention; 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 peiform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: I. SCOPE OF SERVICES CONSULTANT 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 Elsa Greenfield 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 CONSULTANT in the perfo1mance of this Agreement. 23-13157/314688 1 of 11 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULT ANT are to commence on July 1, 2023 (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 completed no later than three (3) years 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 CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT 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 Two Ninety Eight Thousand Ninety Two Dollars ($298,092). 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." 23-13157/314688 2 of 11 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSUL TANT 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 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 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 CONSUL TANT'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. CONSULT ANT 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 CONSULT ANT. B. To the extent that CONSULT ANT 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: 23-13157/314688 3 of 11 "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 CONSULTANT 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 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 23-13157/314688 4 of 11 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. CONSULT ANT will make every effo1i to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSUL TANT 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 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 fmihwith 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. CONSULTANT 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: 23-13157/314688 A. B. provide the name and policy number of each carrier and policy; state that the policy is cu1Tently in force; and 5 of 11 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 CONSUL TANT 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 CONSULTANT'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 CONSUL TANT as provided herein. In the 23-!3157/314688 6 of 11 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 l O 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 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: 23-ll 157/314688 7 of 11 TO CITY: City of Huntington Beach ATTN: Lt. Shawn White 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULT ANT: Waymakers Attn: Elsa Greenfield 1221 East Dyer Road, Suite 120 Santa Ana, CA 92705 (949) 250-0488 egreenfield@waymakersoc.org 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 23-13157/314688 8 of 11 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 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 CONSULTANT 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. 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 any legal services expenses incurred by CONSULTANT. 23-13157/314688 9 of 11 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 paities to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or dainages 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 paity 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 23-13l57/314688 10 of 11 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 patties hereto have caused this Agreement to be executed by and through their authorized officers. CONSUL TANT, WAYMAKERS print name C.&-0 ITS: (circle one) Chairman/President/Vice President AND By:. ___________ _ print name ITS: (circle one) Secretary/Chief Financial Officer/ Asst. Secret ary -Tieasu rer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk REVIEWED AND APPROVED: City Manager 23-13157/314688 11 of 11 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Scope of Work The scope of work will act as a thermometer to help Program staff monitor progress and results. Waymakers approach is to provide a supportive environment which will encourage age-appropriate cognitive development by engaging youth in problem-solving activities. All interventions will essentially become a lab for youth to monitor their own solutions to different tasks and challenges presented to them. All program curriculums have been carefully designed to encourage adolescent logical thinking, equilibrium and cognitive development. Target population: High-risk youth ages 10-18. B. CONSULT ANT'S DUTIES AND RESPONSIBILITIES: A description of all services requested follows: 1 & 2. Waymakers will comply with all Huntington Beach Police Department's required reports. Weekly: Weekly statistics will be gathered by Program staff and submitted to the Program Director for her review. Monthly: A report will be generated and submitted to the Huntington Beach Police Department. In addition to this, Waymakers will produce an annual report highlighting all the services provided, successes and the outcomes. Waymakers' Program Director also has regular communication with the HBPD Gang Unit staff, which results in strategic planning and mutual cooperation. 3. Psycho-Educational/Counseling Groups Waymakers will provide an opportunity for youth to be involved in psycho-educational groups. These groups are designed to give young people the experience of being participating members of a community. Being actively engaged in Waymakers groups provide a sense of belonging and mastery. In an environment of stimulation and collaboration, the groups will promote positive interactions and cooperation between peers. The topics that will be covered in groups will include, but are not limited to: anger management, decision-making, gang resistance, alcohol and drug prevention, vaping, conflict resolution, social skills, communication skills and stress management. A list of the main topics covered in groups follows: Performance Measure: 60 clients per year at minimum Anger Management: Goal: Reduce youth violence by providing anger management techniques Participation in this group teaches youth how to handle their frustration and anger in a positive way. Young people learn techniques to manage their feelings, understand stress, communicate their emotions, show empathy and "cool off." Youth will develop a plan identifying situations that trigger their anger and techniques to better manage those challenging moments. Curriculum: Waymakers' "Chill Skills" EXHIBIT A Gang Awareness and Resistance: Goal: Prevent youth's involvement in gangs This group will address the mounting concerns about youth gangs and their effects on the community. Reasons why youth join gangs, generational gangs, risk elements, gang norms, drug trafficking, and gangs in schools: are some of the topics included in this highly interactive group. Curriculum: "Make your Mark" Vaping, Drug and Alcohol Prevention: Goal: Reduce alcohol and drug consumption This group will address the dangers of vaping, drug and alcohol consumption for young people. By focusing on assertiveness skills, decision-making skills, peer pressure and ability to analyze situations, youth will learn to resist vaping, drug and alcohol consumption. Curriculum: Drug and Alcohol Prevention & Vaping Prevention Social Skills: Goal: Increase life-enhancement skills This group concentrates on helping youth gain skills in the areas of communication, self-esteem, goal setting, decision making, communication, problem-solving and conflict resolution. Fun and interactive workshops allow youth to practice cognitive tasks. By addressing these necessary skills, youth will be better equipped to face life's challenges and avoid risky behaviors. Curriculum: Waymakers Big Picture Communication Skills: Goal: Enhance communication skills Youth will develop effective communication skills to succeed in learning environments, social relationships and in family life. These workshops empower youth to and make them comfortable expressing themselves, sharing ideas, desires and feelings with one another, an integral skill needed to succeed in life. Youth will practice aetive listening, asking questions and using respectful language. Curriculum: Communication Skills Stress Management Goal: Learn to manage stressors and develop healthy coping tools Youth develop effective stress management skills to insure positive coping responses as adults. By learning to manage stress at an early age they learn to process their decision making, talk about their problems, incorporate healthier habits, life skills, setting realistic goals and relaxation. Managing youths' level of stress can lead to desirable healthy behaviors, ability to respond to stressful events in a positive and constructive ways. Curriculum: Stress Management Conflict Resolution: Goal: Learn to resolve conflict without violence While conflict is inevitable, it can create opportunity for adolescents to further their character development. Without the development of conflict resolution skills, conflict between youth can often escalate to violence. Strengthening youth's abilities in perspective taking, emotional EXHIBIT A regulation, and interpersonal communication, provides adolescents with a foundation to learn effective conflict resolution. Curriculum: Conflict Resolution Decision Making Goal: Learn to problem-solve and make positive decisions Due to the late brain development that occurs in adolescence, youth often lack the skills to think before they act and are unable to consider the consequences that result from their actions. Though these changes in brain development often hinder adolescents from making responsible decisions, holding youth responsible for their actions allows them to have the opportunity to develop the skills necessary to make better decisions in the future. With this in mind, adults are still able to offer guidance, feedback, and serve as a model ofresponsible decision making Curriculum: Decision Making In addition to the City's RFP required groups, Waymakers will provide the following groups which will positively impact youth: Job/Career Readiness: Goal: Provide youth with the necessary tools to access and maintain employment. This group helps young people discover their talents and plan for the future. Sessions cover interviewing techniques, dress code, resume writing, application process and work expectations. By exposing youth to careers and to the world of work, they will be better prepared to find and retain jobs. Participants will be provided with opportunities to tour business sites and meet hiring managers. Waymakers will also have guest speakers to provide mentorship and career readiness oppmiunities for the youth. Curriculum: Waymakers "Get Ready" Waymakers Youth Leadership Group: Goal: Increase youth participation and leadership in the community. When youth are given the right opportunities, they can become essential contributors to the well being of their community. Middle School youth who are willing to participate in Waymakers skill-building trainings (Anger Management, Alcohol and Drug Prevention, Gang Awareness and Resistance, etc.) will be provided the opportunity to become part of the Waymakers Youth Leadership Group. This group will focus on the development ofleadership skills, goal setting, public speaking and presentation techniques. The adolescents learn to identify and analyze problems in their neighborhood, find solutions and recognize that there is a positive role that they can play. Youth will be provided with opportunities to prepare and deliver presentations on topics of interest to youth. Community leaders and business executives will be invited to mentor youth by offering their guidance Curriculum: Waymakers "CEOS" 4. Individual and Family Counseling for at-risk and gang affiliated youth This intervention will address the importance to assess client's needs and provide case management to youth and families who want to move away from the gang lifestyle, at-risk behaviors and or improve their lives. After assessing clients' needs, Waymakers staff will develop an action plan. This will include brokerage of services needed to achieve desired outcomes. The staff will monitor clients' progress on a weekly basis by keeping records of their reports. EXHIBIT A Performance Measure: 20 local youth 5. Referrals Waymakers will provide referrals to clients who are in need of drug and alcohol treatment programs, medical services, jobs, counseling, as well as shelter and emergency assistance, etc. Staff will be available for follow-ups and consultations. Performance Measure: 15 local youth 6. Community Educational Presentations Once every quarter, Waymakers will provide educational presentations for the community. The goal of these presentations is to engage all sectors of the community in developing a safer neighborhood. The idea is to unlock the potential of each one of the participants by empowering them and sending the message that all community members play a role in the well- being of their neighborhood. Some topics that will be included are: Gang Activity: How to Stop It, The Impact of Graffiti and Vandalism, Child Abuse is Preventable, Bullying Prevention, At-Risk Behaviors, Red Flags for Alcohol and Drug Use, Adolescent Health, How to Improve Academic Performance and Back to School Readiness. Waymakers will work in conjunction with the HBPD Gang Unit officers. Performance Measure: Four presentations a year, serving 20 residents per meeting and 80 yearly. 7. Enrichment Activities Waymakers will promote the healthy recreation of all youth participants. Carefully orchestrated fun activities will promote pro-social skills development, relationship building, team spirit, physical health and a greater sense of affiliation of the youth with their community. At a minimum, Waymakers staff will offer at least eight recreational activities throughout the year. In addition, during the summer Waymakers will provide an eight-day summer camp, which will focus mostly on off-site activities. These include, but are not limited to: movie outings, beach day, hiking experience, picnic activity, attendance to a baseball game, and field trip to an amusement park. Youth who have participated in volunteer work will receive priority to these activities. Also, recreational incentives will be offered to youth who complete the educational groups offered by Waymakers. Performance Measure: 8 enrichment activities yearly. A minimum of 88 youth will participate. 8. Community Service Projects -Introducing youth to volunteerism Youngsters will be counected with worthwhile volunteer projects that not only meet a need in the community but are positively acknowledged by neighbors. Contributing productively to their neighborhood means making a difference, advocating for a cause, making meaningful decisions, and accepting responsibility. These experiences enable youth to learn valuable skills and a feeling of self-worth. This awareness of their personal progress and success will project into their future. Waymakers will partner with the Bolsa Chica Wetlands, local schools and the Oak View Family Resource Center. Performance Measure: Eight community projects with a minimum of 8 youth involved per project and a total of 48 per year. EXHIBIT A 9. Community Mobilization One of the keys to the success of the program has been engaging parents. Waymakers will continue to promote, empower and support the family unit. Strong families make healthier communities. Recognizing that parents are the primary prevention agents of their children, Waymakers will nurture what is best about the family and encourage strong parent-youth connection and communication. Community Mobilization efforts will especially target parents of high-risk youth in the community. Waymakers will also provide community relations support during critical times, and/or if there is an escalation of violence in the community. Performance Measure: A series of four ParentN outh Conferences will be available (3 hours each) serving a total of 50 participants. 10. Vandalism and Graffiti Accountability Goal: Reduce juvenile vandalism and graffiti in the City of Huntington Beach. While there has been a decrease in vandalism cases referred by the Police Department, we estimate that a significant number of cases go unreported, especially in neighborhood enhancement areas (such as Oak View) where residents fear making reports. In fact, they also occur at an unacceptably high rate on campuses at the local middle and high schools, their surrounding areas and popular routes to-and-from school. The number of cases in just these two categories of enforcement strongly supports the need for additional interventions. Collaboration between the Huntington Beach Police Department and Waymakers will ensure youth offender accountability and restorative justice consequences while addressing youth competency development and community protection needs. Combined resources and efforts will contribute to addressing problems promptly and comprehensively. Quickly removing graffiti from public visibility is one of the most effective ways of discouraging the behavior. The youth perpetrator's behavior also needs to be addressed so he/she will not continue to offend. When youth offenders and their parents are provided with a system that allows them to make amends to the victims and the community, the process acquires a higher level of significance and a positive outcome is more likely. Performance Measure: Serve a minimum of 40 youth. Youth: Juveniles who have first-time police contact will be referred to the Waymakers I Count Program as a way to address youth competency development and community protection needs. During the almost ten years that Waymakers has been offering this program, we have learned that youth offenders are coming from all parts of the City, including the most affluent areas. Waymakers has also learned that more than 80% of the youth have no idea of the cost of vandalism to the City. In the past, 90% of the youth who participated in the program did not re-offend in a period of one year after program completion. Youngsters will be assigned supervised hours (a minimum of 24 hours) at the Balsa Chica Wetlands, Huntington Beach Garden, Dog Beach and Balsa Chica State Beach. Competency development must involve practicing skills in community settings and should increase interaction with conventional adults other than the service providers. Youth work and interact with law-abiding adults in the community ( especially the elderly) who assume a mentoring role. In addition to this, youth referred will participate in a 4-hour curriculum-based workshop that will address the cost of vandalism, the need for self-control, problem-solving, and cognitive and decision-making skills. Parents: Every youth who paints /marks a wall or breaks a window, creates a bill that must be paid by his/her parents. Parents are held accountable for their child's behavior. Some parents report feelings of hopelessness as they see their authority and, often insufficient incomes diminished by their challenging youth. This component includes a 2-hour parent class designed to teach parents EXHIBIT A proven methods to regain control in their own household and to deter their children from committing illegal acts. Performance Measnre: Serve a minimum of 40 youth. C. Methodology Section 1. Implementation Plan a. Source Documentation Data collection and reporting (programmatic and financial) is a standard operation procedure at Waymakers. The Gang Prevention & Youth Development Program requires the following data collection instruments to measure the program's progress and outcomes. The Youth Development Specialists will maintain the following records for each client. • Parent Consent and Confidential Release • An Intake Form will gather the basic information needed. Information collected will include general participant's identification, demographics, income level, referral reasons, evaluation of the youngster's needs, family interactions and dynamics, peer relationships, educational information, leisure activities plus general strengths and needs. Information will be collected by interviewing the referred youth and his/her parents or guardians. The intake includes an action plan detailing specific goals and interventions. • A Contract Agreement (for I Count Participants) will be prepared to encourage youth to take responsibility for their actions. • Progress Reports will be provided to the Huntington Beach Police Department providing info1mation about the program developments on a monthly basis. Waymakers' Program staff will meet monthly with all collaborative partners to discuss program's development. Waymakers will comply with all mandated progress reports required by HBPD. • A Satisfaction Evaluation form will allow Waymakers staff to learn about clients' perspectives on the success of the program. • Pre & Post tests will be completed by clients and, when appropriate, by their parents. In order to assess outcomes, pre, post and one-month follow-up evaluations are administered utilizing empirically valid and reliable measures. All client information is confidential. Waymakers conforms to Federal and State regulations regarding client confidentiality. Exceptions to this policy by law are: • If the client threatens grave or bodily harm or death to another person or him/herself. • If child abuse, sexual abuse or child abuse is reported or suspected. 2. In order to maintain the Waymakers' model's integrity, the scope of work describes goals, targets, interventions, staff accountability and outcome measurements for program implementation. Waymakers' efforts to achieve client satisfaction and scope of work requirements are described in the scope of work attachment which highlights interventions, strategies, number of sessions, target and measurement. (See chart in Appendix Al) 3. Detailed Project Schedule: (See chart in Appendix A2) EXHIBIT A 4. A detailed description of required activities from City staff is detailed as follows: Referrals: Referrals to the Gang Prevention Program & Youth Development most frequently come from law enforcement officers from the Huntington Beach Police Department and from local schools. Referrals are usually in writing but can also be made by phone. On occasion parents make telephone contact or walk into our office without an appointment based on their own initiative and/or after interaction with police officers or law enforcement advice. In general, referrals to Waymakers are admitted only if they are voluntarily accepted by the youth and their families. Upon receiving a referral, the Youth Development Specialist will contact the family within 48 hours. All referrals will be handled by Waymakers Youth Development Specialists, Alexis Galarza and Arlette Pacheco. Referrals are documented and tracked. Criteria for referrals to program: • Youth are referred by the Huntington Beach Police Department or Huntington Beach area schools • Client is at risk for gang involvement • Client lives in a geographical area that is considered "a gang area" or "at-risk environment" • Youth is referred by Waymakers partners (Oak View FRC Collaborative) • Youth exhibits risk factors for delinquency • Youth is exhibiting risk factors and has no access to after school services and/or other vital services • Oak View residents identified by HBPD as at-risk for violence or gangs • City-wide residents referred by the police department for first time offenses related to vandalism and graffiti D. Staffing The Waymakers staff members who will be working on this project are: 1. Nancy Galeana, Program Director, will oversee operations and service delivery of gang preventionand youth development interventions in the City of Huntington Beach. Ms. Galeana will represent theAgency in collaborative meetings with the Police Department, administer service delivery contracts andmanage personnel. Ms. Galeana facilitates community connections and meetings and provides specialparenting classes to families under stress. Ms. Galeana holds a Master's Degree in Social Work and hasextraneous experience in crisis prevention and intervention. She also generates all required reports andprogram evaluations. Ms. Galeana has been working for Waymakers since 2007 when she sta1ted withthe Gang Prevention Program, and reports directly to the Executive Director, Ronnetta Johnson. 2. Edgar Espinoza, (.80FTE) Youth Development Specialist, provides educational workshops, offerspsycho-educational counseling, guidance, case management and resources for youth at-risk of 12 involvement or involved in the justice system. He also provides job/career readiness and other psycho-ed groups at the area middle schools. Edgar will be the lead staff in coordinating the I-Count Graffiti and Vandalism Accountability Program and to provide supervision to youth assigned to community service hours. Edgar attends Task Force Meeting, participates in Oak View Steering Committee Meetings, and collaborates with other Oak View and Huntington Beach community-based organizations to achieve results. Edgar Espinoza has been working for Waymakers since February 2020 and has been the lead staff for the Gang Prevention Program in the Oak View neighborhood since EXHIBIT A Oct Nov Dec Jan Feb Mar Apr May Jun August 2020. 3. Stephanie Suarez (.17 FTE) Youth Development Specialist conducts skill building groups with the purpose of discouraging youth from gang involvement. She also supervises cases of first-time vandalism offenders and compliance with accountability and restitution contract. Stephanie also provides individual case management to at-risk girls referred to the Program and facilitates weekly groups on topics relevant to female teenagers. She also assists with the delivery of enrichment activities and works with collaborative partners as needed. Stephanie has worked with Waymakers since 2021 and was assigned to the Gang Prevention Program since March 2022. C. CITY'S DUTIES AND RESPONSIBILITIES: I. Pay the contractor on a quarterly basis after an invoice is received from the contractor. 2. Review statistical reports submitted by the program director. 3. Modify performance measures as the conununity needs change. 4. Negotiate rates and provide services with the contractor. 5. Provide overall review of the program. D. WORK PROGRAM/PROJECT SCHEDULE: Project Schedule & Timeline Psycho-ed Individual Community Enrichment Community Community Vandalism &Family Referrals Service & Graffiti counseling Counseling Presentations Activities Projects Mobilization Interventions ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ EXHIBIT A Jul ✓ ✓ ✓ ✓ ✓ Aug ✓ ✓ ✓ ✓ ✓ ✓ ✓ Sep ✓ ✓ ✓ ✓ ✓ ✓ ✓ Intervention Strategy Number of Annual Measurement Sessions Target Psycho-Educational Curriculum-based Eight groups per 60 Pre and Post Test Counseling Groups year Individual/Family SO-minute session Year round 20 Assessment of individual and family Counseling with youth & parent needs Collaborative partners Referrals and clients request Year round 15 Registration Form resources Community Educational Curriculum-based Four per year 80 Registration Form Presentations On-site & Off-site Enrichment Activities supervised interactive Eight activities per so Registration Form recreational and year cultural activities Community Service Service Learning Ongoing1 minimum 48 Registration Form Projects of four Community Mobilizations Outreach Four, three-hour so Registration Form, Pre and Post Test classes Curriculum-based, Initial intake and Vandalism & Graffiti community service twice a month 40 Intake paperwork, Pre and Post test, Intervention hours for all referrals meetings until apology letter from HBPD completion EXHIBIT A 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: 7 /1/23-6/30/24 7 /1/24-6/30/25 7/1/25-6/30/26 Year 1 Year2 Year 3 $96,442 $99,335 $102,315 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 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 of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT 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 I Exhibit B the paiiies agree that past performance by CONSULTANT 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 incun-ed 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. 2 Exhibit B 1 2 3 4 5 6 7 8 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND WAYMAKERS FOR GANG PREVENTION AND INTERVENTION 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 17 Consent .................................................................................................................... 8 18 Modification ............................................................................................................. & 19 Section Headings ..................................................................................................... 8 20 Interpretation of this Agreement .............................................................................. & 21 Duplicate Original .................................................................................................... 9 22 Immigration ............................................................................................................... 9 23 Legal Services Subcontracting Prohibited ................................................................ 9 24 Attorney's Fees .......................................................................................................... ! 0 25 Survival ..................................................................................................................... 10 26 27 28 29 Governing Law ......................................................................................................... 10 Signatories ................................................................................................................. ! 0 Entirety ...................................................................................................................... 1 0 Effective Date ................................................................................. 11 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 4/7/2023 Arthur J. Gallagher Risk Management Services, LLC 500 N. Brand Boulevard Suite 100 Glendale CA 91203 Michelle Gonzalez 818-539-8630 Michelle_Gonzalez@ajg.com License#: 0D69293 Nonprofits' Insurance Alliance of CA 10023 WAYMAKE-01 Service American Indemnity Company 39152Waymakers 1221 E. Dyer Road, Suite 120 Santa Ana CA 92705 685571032 A X 1,000,000 X 500,000 X Deductible: None 20,000 1,000,000 3,000,000 X Y 2022-12069 10/1/2022 10/1/2023 3,000,000 A 1,000,000 X X X Y 2022-12069 10/1/2022 10/1/2023 Comp/Collsion Ded 500/$500 A X 10,000,0002022-12069-UMB 10/1/2022 10/1/2023 10,000,000 X 0 B XYSATIS035240210/1/2022 10/1/2023 1,000,000 1,000,000 1,000,000 A A Fiduciary Professional Liab. Deductible: None 2022-12069-DO-NPO 2022-12069 10/1/2022 10/1/2022 10/1/2023 10/1/2023 Limit/Aggregate/Ret Per Claim Aggregate $1M/$1M/$5,000 $1,000,000 $3,000,000 Nonprofits' Insurance Alliance of CA - A.M. Best #: 011845 Policy: Improper Sexual Conduct Policy#: 2022-12069 Policy term: 10/1/2022 to 10/1/2023 Carrier: Nonprofits' Insurance Alliance of CA Per Claim: $1,000,000, Aggregate: $1,000,000 Deductible: None See Attached... City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 ACORD® I ~ I ~ □ □ ~ ~ Fl □ □ ~ ~ ~ ~ ~ ~ ~ ~ H I I I I I □ I ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: WAYMAKE-01 1 1 Arthur J. Gallagher Risk Management Services, LLC Waymakers 1221 E. Dyer Road, Suite 120 Santa Ana CA 92705 25 CERTIFICATE OF LIABILITY INSURANCE Policy: Cyber Liability Policy#: ESL0239533957 Policy term: 10/1/2022 to 10/1/2023 Carrier: Underwriters at Lloyd's, London Aggregate Limit: $2,000,000 City, its officers, elected or appointed officials, employees, agents, and volunteers named additional insured on General Liability and Auto Liability with respect to the operations of the named insured. Such insurance is Primary and Non-Contributory. Waiver of Subrogation on Workers Compensation applies in favor of certificate holder. Written notice shall be provided at least ten (10) days in advance of cancellation for non-payment of premium and thirty (30) days in advance for any other cancellation or policy change. I POLICY NUMBER: 2022-12069 Named Insured: Waymakers COMMERCIAL GENERAL LIABILITY CG 20 26 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of Huntington Beach, its officers, elected or appointed officials, employees, agents, and volunteers 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 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 your acts or omissions or the acts or omissions of those acting on your behalf: 1.In the performance of your ongoing operations; or 2.In connection with your premises owned by or rented to you. 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 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 the 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. CG 20 26 12 19 © Insurance Services Office, Inc., 2012 Page 1 of 1 1-□1 NONPROFITSINSURANCE-ALLIANCE OF CALIFORNIAA Head for Insurance. A Heart for Nonprofits. POLICY NUMBER: 2022-12069 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT FOR PUBLIC ENTITIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization:City of Huntington Beach, its officers, elected or appointed officials, employees, agents, and volunteers A.Section II -WHO IS AN INSURED is amended to include: 4.Any public entity as an additional insured, and the officers, officials, employees, agents and/or volunteers of that public entity, as applicable, who may be named in the Schedule above, when you have agreed in a written contract or written agreement presently in effect or becoming effective during the term of this policy, that such public entity and/or its officers, officials, employees, agents and/or volunteers be added as an additional insured(s) on your policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: a.Your negligent acts or omissions; or b.The negligent acts or omissions of those acting on your behalf; in the performance of your ongoing operations. No such public entity or individual is an additional insured for liability arising out of the sole negligence by that public entity or its designated individuals. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. B.Section Ill -LIMITS OF INSURANCE is amended to include: 8.The limits of insurance applicable to the public entity and applicable individuals identified as an additional insured(s) pursuant to Provision A.4. above, are those specified in the written contract between you and that public entity, or the limits available under this policy, whichever are less. These limits are part of and not in addition to the limits of insurance under this policy. C.With respect to the insurance provided to the additional insured(s), Condition 4. Other Insurance of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 4.Other Insurance a.Primary Insurance This insurance is primary if you have agreed in a written contract or written agreement: (1)That this insurance be primary. If other insurance is also primary, we will share with all that other insurance as described in c. below; or NIAC-E61 02 19 Page 1 of 2 1 -□1 NONPROFITS INSURANCE -ALLIANCE OF CALIFORNIA A Head for Insurance . A Heart for Nonprofits. POLICY NUMBER: 2022-12069 (2) The coverage afforded by this insurance is primary and non-contributory with the additional insured(s)' own insurance. Paragraphs (1) and (2) do not apply to other insurance to which the additional insured(s) has been added as an additional insured or to other insurance described in paragraph b. below. b. Excesslnsurance This insurance is excess over: 1. Any of the other insurance , whether primary , excess, contingent or on any other basis: (a) That is Fire, Extended Coverage , Builder's Risk , Installation Risk or similar coverage for "your work"; (b) That is fire, lightning, or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner ; (c) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises temporarily occupied by you with permission of the owner ; or (d) 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. (e) Any other insurance available to an additional insured(s) under this Endorsement covering liability for damages which are subject to this endorsement and for which the additional insured(s) has been added as an additional insured by that other insurance. (1) When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured(s) against any "suit" if any other insurer has a duty to defend the additional insured(s) against that "suit". If no other insurer defends , we will undertake to do so, but we will be entitled to the additional insured(s)' rights against all those other insurers. (2) 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: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance ; and (b) The total of all deductible and self-insured amounts under all that other insurance. (3) 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. Methods of Sharing If all of the other insurance available to the additional insured(s) 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 other the other insurance available to the additional insured(s) 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. NIAC-E61 02 19 Page 2 of 2 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WC 04 03 06 (Ed. 4-84) (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Endorsement No.Endorsement Effective Date: Policy No. Carrier Name / Code: Policy Effective Date:to Premium $ Insured: DBA: Countersigned by Page of Job Description WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you per- form work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be NA % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization SATIS0352402 Service American Indemnity Company Waymakers 10/01/2022 10/01/2022 10/01/2023 1 1 Specific Waiver is $200 Flat Charge City of Huntington Beach 2000 Main St Huntington Beach CA 92648-2702 DOO: RE: Light of Love Event - December 4, 2022 City of Huntington Beach, its officers, elected or appointed officials, employees, agents, and volunteers named additional insured on General Liability and Auto Liability with respect to the operations of the named insured. Waiver of Subrogation on Workers Compensation applies in favor of certificate holder. POLICY CHANGE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMPANY:(12069) POLICY NUMBER: NAMED INSURED: POLICY CHANGE EFFECTIVE: COVERAGE PART AFFECTED: POLICY CHANGE#:Page 13 Nonprofits Insurance Alliance of California 2022-12069 Waymakers 10/1/2022 BUSINESS AUTO The following additional insured(s)/loss payee(s) is/are hereby added to read: Veh #Additional Insured - NIAC-A1 ALL VIN # City of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 All other terms, limits and conditions remain the same. ADDITIONAL PREMIUM: RETURN PREMIUM: TOTAL PREMIUM:$0 $0 $0 11/17/2021 A Head for Insurance. A Heart for Nonprofits. AUT HORIZED SIGN ATURE NONPROFITS INSURANCE ALLIANCE OF CALIFORNIA (NIAC) www.insurancefornonprofits.org City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-629 MEETING DATE:8/1/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Eric Parra, Chief of Police PREPARED BY:Lt. Thoby Archer and Ingrid Ono, Executive Assistant Subject: Approve and authorize execution of a one-year agreement with the Riverside County Sheriff’s Department to participate in Operation Stone Garden Statement of Issue: The Huntington Beach Police Department (HBPD) received a grant from the Department of Homeland Security previously approved by the Huntington Beach City Council and administered via the San Diego County Sheriff’s Department to detect, prevent and investigate incidents of human trafficking and the trafficking of illicit narcotics. This fiscal year, the HBPD will partner with the Riverside County Sheriff’s Department and the Department of Homeland Security to provide the same enforcement through Operation Stone Garden. The project period for this grant began on September 1, 2022, and ends on May 31, 2024. Financial Impact: The proposed agreement would provide HBPD with $369,000 in grant funding to fund extra patrol shifts to accomplish the goals outlined in the mission of Operation Stone Garden. These funds also include the purchase of one outfitted patrol boat and trailer. Recommended Action: A)Approve and authorize Police Chief Eric G. Parra to execute the “Agreement for Fiscal Year 2022 Operation Stonegarden (OPSG);” and, B)Appropriate $369,000 in grant funding for Operation Stone Garden. Alternative Action(s): Do not approve the Agreement and grant funding, and direct staff accordingly. City of Huntington Beach Printed on 7/26/2023Page 1 of 2 powered by Legistar™ File #:23-629 MEETING DATE:8/1/2023 Analysis: The Riverside County Sheriff’s Department applied for and received grant funds from the Department of Homeland Security to participate in Operation Stone Garden (OPSG). The funds are distributed by the California Governor’s Office of Emergency Services (CALOES) and further distributed to other local agencies to fund their participation in Operation Stone Garden (OPSG). HBPD’s role in OPSG would be to detect, prevent, and investigate incidents of human trafficking and the trafficking of illicit narcotics. At no time will HBPD violate SB 54 or assist in any immigration operations with Federal entities. If the Agreement with Riverside County Sheriff’s Department is approved, HBPD will receive $369,000 in grant funds to carry out this scope of work, as well as purchase one outfitted patrol boat and trailer. Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: Financial Sustainability, Public Safety or Other Attachment(s): 1.Memorandum of Understanding 2.Standard Assurances 3.Operations Order 4.Anti-Lobbying Certification 5.Budget Worksheet City of Huntington Beach Printed on 7/26/2023Page 2 of 2 powered by Legistar™ AGREEMENT FOR FISCAL YEAR 2022 OPERATION STONEGARDEN (OPSG) 1. PARTIES TO THE AGREEMENT This Agreement is between the COUNTY OF RIVERSIDE ("COUNTY"), the COUNTY OF LOS ANGELES ("LAC"), the CITY OF HUNTINGTON BEACH, CITY OF LAGUNA BEACH, CITY OF NEWPORT BEACH, and CITY OF SEAL BEACH (collectively the "CITIES"), each a "PARTY" and collectively the "PARTIES", for support of the Operation Stonegarden ("OPSG") program. 1.1 Party Departments or Agencies Participating In The Agreement 1.1.1 For the COUNTY, participating agency is the Sheriffs Department ("SHERIFF"). 1.1.2 For the CITIES, participating agencies are their respective police department. 1.1.3 For LAC, participating agency is their respective Sheriffs department. 2. RECITALS 2.1 WHEREAS, COUNTY through SHERIFF applied for, and was awarded grant funds from the U.S. Department of Homeland Security ("OHS") passed through the California Governor's Office of Emergency Services ("Cal OES"), under the Fiscal Year (FY) 2022 Operation Stonegarden (OPSG) grant program. As an applicant for the San Diego Border Patrol Sector, SHERIFF shall be the lead agency to manage the OPSG program. 2.2 WHEREAS, funds shall be used to support the OPSG program to enhance law enforcement preparedness and operational readiness along the land and water borders of the United States. 2.3 WHEREAS, Government Code §55632 authorizes COUNTY and PARTIES to contract for provision of joint law enforcement services. 2.4 WHEREAS, PARTIES desire to enter into an agreement with provisions concerning the nature and extent of OPSG collaboration, services rendered, and compensation. 2.5 WHEREAS, COUNTY, by action of the Board of Supervisors Agenda Item 3.32 on January 11, 2022, approved the application, appropriation, and use of FY 2022 OPSG funds to reimburse PARTIES for program related overtime and fringe benefits; equipment purchases and maintenance costs; fuel; mileage; flight; and management and administration costs incurred not to exceed the amounts described in Exhibit A -FY 2022 OPSG Budget Worksheet in paragraph 2.9 (a) below, during the period of performance (POP) September 1, 1 2022 through May 31, 2025 but, the operational project period for PARTIES shall be the date ofFEMA's approval, May 15, 2023 through February 28, 2025. 2.6 WHEREAS, PARTIES shall retain documentation supporting all expenditures reimbursed from OPSG grant funds, ensure all expenditures are allowable under grant requirements, adhere to the federal procurement standards found in Title 2 of the Code of Federal Regulations, Part 200, Subpart D, Section §200.317-200.327, and comply with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F -Audit Requirements regarding organization-wide financial and compliance audit reports if $750,000 or more of OPSG federal funds are expended in a fiscal year. 2.6.1 Documentation shall be retained in accordance with the FEMA Preparedness Grants Manual and other OPSG grant requirements and shall be available for audit and inspection. 2.7 WHEREAS, PARTIES agree that this Agreement does not provide Federal authority to PARTIES to enforce immigration laws (Title 8 USC). 2.8 WHEREAS, PARTIES acknowledge the following information for the OPSG grant program: (a) Federal Grantor Agency: U.S. Depaiiment of Homeland Security (DHS) (b) Administrative Authority: Federal Emergency Management Agency (FEMA) (c) Operational Oversight: U.S. Customs and Border Protection (CBP) ( d) State Administrative Agency (SAA) or Pass-Through Agency: California Governor's Office of Emergency Services (Cal OES) (e) Program Title: Homeland Security Grant Program (HSGP) Operation Stonegarden (OPSG) (f) Grant Identification Number: 2022-0043 (g) Federal CFDA Number: 97.067 2.9 WHEREAS, PARTIES agree and shall utilize and adhere to the following Exhibits attached hereto and/or available using the referenced link: (a) Exhibit A -FY 2022 OPSG Budget Worksheet (b) Exhibit B -FY 2022 OPSG Standard Assurances ( c) Exhibit C -FY 2022 OPSG Byrd Anti-Lobbying Certification Form (d) Exhibit D -FY 2022 OPSG Operations Order (e) Exhibit E -Title 2 of the Code of Federal Regulations Part 200, (f) Exhibit F -Federal Contract Provisions (language to be developed and incorporated within a contract) (g) Exhibit G -FY 2022 Homeland Security Grant Program (HSGP) Notice of Funding Opp01iunity (NOFO) (h) Exhibit H -FY 2022 Homeland Security Grant Program (HSGP) California Supplement to the Federal NOFO 2 (i) Exhibit I -FEMA Preparedness Grants Manual Nothing in the Exhibits above shall limit the requirements of this Agreement. NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, PARTIES jointly intend that COUNTY will reimburse, and PARTIES will provide, a level of OPSG services as set forth in this Agreement. 3. PURPOSE AND INTENT The purpose of this Agreement is to satisfy the OPSG grant program proposal awarded by the DHS and passed through to the Cal OES, under the FY 2022 Operation Stonegarden grant program. 4. SCOPE OF SERVICES 4.1 Method of Service Delivery SHERIFF shall manage the OPSG grant program, oversee the funding allocation of the PARTIES, and be administratively responsible for coordination of PARTIES' obligations under this Agreement. The SHERIFF's OPSG grant program team will be staffed as described in paragraph 6. STANDARDS OF SERVICE: OBLIGATIONS OF THE PARTIES. 4.2 Overview of Basic Services PARTIES shall perform OPSG Operations ("Operations") by inereasing law enforcement presence in each PARTY's designated jurisdiction and in coordination with other OPSG partner agencies to support the U. S. Customs and Border Protection (CBP) efforts to improve border security in the region. PARTIES will enforce local and state laws within their designated jurisdiction subject to the California Values Act (SB 54; Chapter 495) and shall not enforce or aid in the enforcement of immigration laws on behalfofU. S. Customs and Border Protection (CBP) and U. S. Border Patrol (BP). This Agreement does not provide Federal authority to PARTIES to enforce immigration laws (Title 8 USC). 5. TERM OF AGREEMENT The OPSG grant program period of performance (POP) is September 1, 2022 through May 31, 2025, but the operational project period for PARTIES shall be the date of FEMA's approval, May 15, 2023 through February 28, 2025. 5.1 Initial Term The term of this Agreement shall be retroactive to 12:01 a.m. on May 15, 2023 and shall continue in effect through and terminate at midnight on May 31, 2025; subject to the termination provision in paragraph 5.3. 3 5.2 Option to Extend Renewal or extension of the Agreement beyond May 31, 2025 shall be subject to remaining grant funds and to a time extension approved by Cal OES. Any PARTY that does not agree to renew shall terminate its participation at the end of the term of this Agreement. 5.3 Termination Subject to the applicable provisions of state law, each PARTY may terminate its participation in this Agreement upon ninety (90) days minimum written notice to the other PARTIES. 5.3.1 A PARTY may terminate its participation in this Agreement immediately upon written notice to the other PARTIES in the event it becomes ineligible to receive grant funds under this Agreement. 5.3.2 As the lead agency, SHERIFF, with approval from either FEMA, CBP, and/or Cal OES as needed, may require the termination of a PARTY's participation if it is determined that the PARTY has violated the provisions of this Agreement, including failure to provide the Anticipated Outcome set forth in section 6.3. 6. STANDARDS OF SERVICE: OBLIGATIONS OF THE PARTIES 6.1 Suspension and Debarment SHERIFF will request, and PARTIES shall provide a copy of the SAM.gov report for their agency which shows their Active and Inactive Exclusions. Any PARTY with Active Exclusions at the onset of, or any time during, the term of this Agreement is not eligible to participate as set forth in Executive Orders 12549 and 12689, 2 CFR 200.214, and codified in 2 CFR Part 180, and shall terminate its participation in this Agreement as provided for in paragraph 5.3 Termination. 6.2 Byrd Anti-Lobbying Amendment PARTIES that receive an award greater than $100,000 shall ce11ify to SHERIFF on the Byrd Anti-Lobbying Ce1tification Form attached hereto as Exhibit C, that it will not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each PARTY shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from agency to agency up to the recipient who in turn will forward the certifications to the federal awarding agency. 6.3 Anticipated Outcome The anticipated outcome of Operations to be performed by PARTIES under this Agreement is increased law enforcement presence in each P ARTY's designated jurisdiction to support U.S. DHS and U.S. CBP efforts in the region to improve 4 border security and reduce border related crime. The anticipated outcome will be reached by achieving the goals and accomplishing the missions set fo1ih below by PARTIES and in Exhibit D ~ FY 2022 OPSG Operations Order. 6.3.1 PARTIES shall provide enhanced enforcement by increasing patrol presence in proximity to the border and/or routes of ingress from the border, including the water borders. In addition, PARTIES shall utilize their unique investigatory areas of expertise in operations. 6.3.2 Increase intelligence/information sharing among PARTIES, including but not limited to: (a) Conducting bi-monthly meetings with a minimum of one representative from each PARTY. (b) Increasing information sharing during operations. 6.3.3 Prior to Operations, PARTIES' Designated Operations Coordinator, in paragraph 6.4.3, shall submit an operational plan and schedule to the Integrated Planning Team (IPT) at least 72 hours prior to the operation. 6.3.3.1 The IPT is comprised of SHERIFF and CBP sworn personnel. 6.3.3.2 The role of the IPT is to provide support and guidance to the local, state, and federal law enforcement stakeholders within the grant. 6.3.4 Within 48 hours following the conclusion of each Operation: 6.3.4.1 Each PARTY shall complete a Daily Activity Rep01i (DAR) form in Excel format, which will be submitted as supporting documentation for any reimbursement request. Information entered in the Narrative section of the DAR form shall include statistical data and report from Field Interviews (Fis), Arrest Reports, and/or Citations. 6.3.4.2 PARTIES' Designated Operations Coordinator in paragraph 6.4.3, or designee, shall enter and submit the same DAR information directly into DHS's Homeland Security Information Network (HSIN). 6.3.4.3 PARTIES' Designated Operations Coordinator or designee shall ensure DAR information entered in HSIN is correct and shall make necessary corrections until it is processed for approval. 6.4 Personnel Qualifications and Assignment 6.4.1 Qualifications Each PARTY shall ensure that personnel assigned to perform Operations pursuant to this Agreement meet the minimum qualifications for their specific classification. 5 6.4.2 Management, Direction, and Supervision; Independent Contractors The hiring, firing, management, direction, and supervision of each PARTY's personnel, the standards of performance, the discipline of each P ARTY's personnel, and all other matters incident to the performance of such services, shall be performed by and be the responsibility ofeaeh PARTY in each PARTY's sole but reasonable judgment and in accord with the provisions of applicable labor agreements. Each PARTY shall be the appointing authority for all its personnel provided to OPSG by this Agreement. PARTIES shall have no liability for any direct payment of salary, wages, indemnity, or other compensation or benefit to any other PARTY's personnel. Each PARTY and its respective officers, agents, and employees are independent contractors and are not officers, agents, and employees of any other PARTY. Each PARTY's personnel are under the direct and exclusive supervision of that PARTY, and each PARTY assumes full responsibility for the performance of its own personnel in connection with this Agreement. No PARTY has the authority to bind any other PARTY. 6.4.3 Designated Operations Coordinators SHERIFF shall select a Designated Operations Coordinator, at the rank of Sheriffs Lieutenant or higher, who shall manage and direct OPSG operations. All other PARTIES shall select a Designated Operations Coordinator for their respective agency under this Agreement. The Designated Operations Coordinator for each PARTY shall serve as their agency contact and shall implement, as needed, appropriate procedures governing the performance of all requirements under this Agreement and shall be responsible for meeting and conferring in good faith to address any disputes which may arise concerning implementation of this Agreement. 6.4.4 Staffing for Basic Services PARTIES shall ensure that adequate numbers of their qualified respective personnel are always provided to Operations during the term of this Agreement to meet the Basic Services, Scope of Services, and Standards of Service commitments set forth herein. 6.4.5 Equipment and Supplies COUNTY will provide SHERIFF OPSG personnel with all supplies and/or prescribed safety gear, body armor, and/or standard issue equipment necessary to perform Operations. Similarly, all other PARTIES will provide their respective OPSG personnel with all supplies and/or prescribed safety gear, body armor, and/or standard issue equipment necessary to perform Operations unless otherwise specified in Exhibit D-FY 2022 OPSG Operations Order. 6.4.5.1 PARTIES are responsible for the procurement of their own equipment to be used in Operations. 6 6.4.5.2 PARTIES shall maintain an inventory list of all equipment purchased with OPSG funds and when practicable, equipment shall be labeled with: "Purchased with funds provided by the U. S. Department of Homeland Security". 7. COST OF SERVICES/CONSIDERATION 7.1 General 7.1.1 As full consideration for the satisfactory performance and completion by PARTIES of Operations set forth in this Agreement, COUNTY shall reimburse PARTIES for personnel assigned to perform Operations on the basis of claims and submittals as set forth hereunder. Such payments by COUNTY are dependent on the continued availability of funds from the DHS passed through the Cal OES. 7.1.2 PARTIES agree that awarded funds identified as allowable costs, as set forth in Exhibit G -FY 2022 Homeland Security Grant Program Notice of Funding Opportunity (HSGP NOFO), shall be expended only for approved Operations operating expenses, and equipment as detailed in Exhibit A-FY 2022 OPSG Budget Worksheet, and that unallowable costs are not reimbursable as set fmth in Exhibit G -FY 2022 HSGPNOFO. 7.1.3 No reimbursement shall be made to a PARTY during any period of time within which that PARTY is in default on filing any informational or financial reports required by SHERIFF. SHERIFF shall make any necessary adjustments to PARTY claims to correct for overpayments, underpayments, or disallowances. 7.2 Project Costs/Rate of Compensation SHERIFF shall reimburse PARTIES for ove1time worked by personnel assigned to perform Operations and shall reimburse for costs approved in Exhibit D -FY 2022 OPSG Operations Order, based upon available funding and the actual costs incurred by PARTIES to provide Operations. 7.3 Method of Payment PARTIES shall submit to SHERIFF, accurate and complete reimbursement forms, labor repmts, timesheets, DARs, equipment and equipment maintenance invoices, procurement documents, purchase orders and/or contracts, and proof of payment, that represent amounts to be reimbursed under this Agreement within ninety (90) days from the date when expenditure was incurred. All requests for reimbursement shall be sent to: Riverside County Sheriffs Department Irina Sandoval/ OPSG Grants Unit 1500 Castellano Rd Riverside, CA 92509 7 7.3.1 Reimbursement forms and invoices must have the signature of PARTY's Authorized Agent, certifying that the invoice and substantiating documentation, e.g., DARs, timesheets, payroll and labor reports, procurement documents, etc., are true and correct. 7.3.2 PARTIES shall provide payroll records for each person whose costs are reimbursable under this Agreement, to include, at a minimum, the person's name, classification, duty position, task, regular hourly rate, overtime hourly rate, overtime hours worked, date( s) overtime worked, and fringe benefit rate and cost. 7.3.2.1 PARTIES shall make available to SHERIFF for inspection, upon request, all payroll records and any other records that relate to the Basic Services provided under this Agreement. 7.3.3 PARTIES shall submit to SHERIFF, verifiable and complete supporting documentation to substantiate reimbursement requests for service maintenance and/or equipment purchase, to include the equipment inventory ledger, certified copies of invoice, purchase order, proof of payment to vendor and procurement documentation. 7.3.3.1 PARTIES shall provide procurement records that show proof of compliance to 2 CFR 200.317-200.327 requirements, and documents that substantiate full and open competition, to include but not limited to copies of solicitation (RFQ, RFB, RFP), rationale for the method of procurement, contract policy, basis for the contract type and price, purchase request, statement of work and other pre-solicitation documents, cost/price analysis (if applicable), profit negotiation (if applicable), purchase orders, federal contract provisions with required language incorporated within contracts under federal award (as directed herein by Exhibit F -Federal Contract Provision), notice of award, record of protest, performance or other bond documents, specialized endorsements, suspension and debarment listing, etc. 7.3.3.2 PARTIES shall make available to SHERIFF for inspection and upon request, all procurement records that provide historical and background information to answer inquiries pertaining to the acquisition of service maintenance and/or equipment that may arise in a review or audit or until the grant record retention period expires. 7.3.4 PARTIES shall ensure awareness, understanding and compliance to all grant rules and procurement requirements. PARTIES shall be responsible in making sure that proper authorization are in place for any OPSG equipment purchase that require specialized endorsement or approvals, including waiver request forms or Environmental Planning and Historic Preservation (EHP) compliance. 7.3.5 Noncompetitive procurements of equipment exceeding the $250,000 simplified acquisition threshold established by Federal Acquisition Regulation (FAR) 48 CFR 8 Subpart 2.1, in accordance with 41 lJ.S.C. 1908, will require prior written approval from Cal OES. 7.3.5.1 Prior to purchasing equipment determined to be noncompetitive, PARTIES shall provide SHERIFF by email a copy of their Purchasing Agent's approval for the noncompetitive procurement which SHERIFF will submit to Cal OES for approval. 7.3.6 PARTIES shall obtain a performance bond from vendors prior to procuring equipment items costing over $250,000, or any vehicle, aircraft, or watercraft, to be paid at the time of purchase, in order to ensure delivery of the equipment within ninety (90) days of the performance period end date. 7.3.6.1 Performance bond shall be included for reimbursement with invoice. 7.3. 7 Within ninety (90) business days upon receipt of valid invoice and suppo1ting documentation specified in subparagraphs under 7.3, SHERIFF will reimburse PARTIES for the Basic Services agreed to. 7.3.8 Each PARTY shall manage their allocation and track their claims to ensure they remain within their allocated amount as specified in Exhibit A -FY 2022 OPSG Budget Worksheet. 7.4 Reimbursement Disallowances PARTIES not in compliance with procedures in paragraph 7.3 above risk having incurred expenditures disallowed for reimbursement by SHERIFF. PAR TIES that fail to submit claims for reimbursement within ninety (90) days will be notified in writing by SHERIFF that the claim(s) is/are past due, and funds allocated to the PARTY for that time period may be redistributed among other PARTIES. 8. PROGRAM/FINANCIAL ADMINISTRATION 8.1 PARTIES shall use as the primary reference in all programmatic, financial, and grant administration matters and adhere to the policies and regulations in Exhibit E -Title 2 of the Code of Federal Regulations Part 200 (2 CFR Part 200), Exhibit G-FY 2022 HSGP NOFO, Exhibit H -FY 2022 HSGP CA Supplement to the NOFO, and Exhibit I -FEMA Preparedness Grants Manual, in conjunction with updates issued by the Office of Management and Budget (0MB), Grants & Training (G&T) information bulletins, and Cal OES policy, regulations, and statutes. 8.1.1 Contract Provisions PARTIES shall ensure that all contracts adhere to all applicable contract provisions stated in 2 CFR 200.317-200.327 and found in Appendix II -Contract Provisions for Non-Federal Entity Contracts under Federal Awards. Reimbursement claims associated with contracts that are found to be in noncompliance will be denied. 9 8.1.2 Methods of Procurement PARTIES shall adhere to the procurement methods found in 2 CFR 200, Subpart D, Section 200.320. 9. REPAYMENT OF REIMBURSEMENTS 9.1 Any PARTY found through compliance assessments, audits, or monitoring site visits, to be out of compliance with paragraphs 7.3 and 8 above, shall retroactively repay SHERIFF, within ninety (90) days of notification, any reimbursement found out of compliance which was paid to PARTY during the term of, and even after the term, of this Agreement. This provision shall survive termination or expiration of this Agreement. 10. INDEMNIFICATION -WORKERS' COMPENSATION, EMPLOYMENT AND CLAIMS AND LIABILITY ISSUES 10.1 The COUNTY shall fully indemnify and hold harmless non-County PARTIES and their respective officers, employees and agents, from any claims, losses, fines, expenses (including attorneys' fees and court costs and/or arbitration costs), costs, damages or liabilities arising from or related to (I) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of the COUNTY or any contract labor provider retained by the COUNTY, or (2) any claim, demand, suit, or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of the COUNTY or any contract labor provider retained by the COUNTY. 10.2 Each non-County PARTY shall fully indemnify and hold harmless the COUNTY, its officers, employees, and agents, from any claims, losses, fines, expenses (including attorneys' fees and court costs or arbitration costs), costs, damages or liabilities arising from or related to (I) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of that respective non-County PARTY or any contract labor provider retained by non-County PARTY, or (2) any claim, demand, suit, or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of that respective non-County PARTY or any contract labor provider retained by the non-County PAR TY. 10.3 Each non-County PARTY shall fully indemnify and hold harmless the other non- County PARTIES, its officers, employees, and agents, from any claims, losses, fines, expenses (including attorneys' fees and court costs or arbitration costs), costs, damages or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or 10 relate to, employment which is brought by an employee of that respective non-County PARTY or any contract labor provider retained by non-County PARTY, or (2) any claim, demand, suit, or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of that respective non-County PARTY or any contract labor provider retained by the non-County PARTY. 11. INDEMNIFICATION RELATED TO ACTS OR OMISSIONS; NEGLIGENCE 11.1 Claims Arising from Sole Acts or Omissions of a PARTY Each PARTY to this Agreement hereby agrees to defend and indemnify the other PARTIES to this Agreement, their agents, officers, and employees, from any claim, action, or proceeding against the other PARTIES, arising solely out of its own acts or omissions in the performance of this Agreement. At each PARTY's sole discretion, each PARTY may participate at its own expense in the defense of any claim, action, or proceeding, but such participation shall not relieve any PARTY of any obligation imposed by this Agreement. PARTIES shall notify each other promptly of any claim, action, or proceeding and cooperate fully in the defense. 11.2 Claims Arising from Concurrent Acts or Omissions The PARTIES hereby agree to defend themselves from any claim, action, or proceeding arising out of the concurrent acts or omissions of the PARTIES. In such cases, PARTIES agree to retain their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs, except as provided in paragraph 11.4 below. 11.3 Joint Defense Notwithstanding paragraph 11.2 above, in cases where PARTIES agree in writing to a joint defense, PARTIES may appoint joint defense counsel to defend the claim, action, or proceeding arising out of the concurrent acts or omissions of PARTIES. Joint defense counsel shall be selected by mutual agreement of PARTIES. PARTIES agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as provided in paragraph 11.4 below. PARTIES further agree that no PARTY may bind the others to a settlement agreement without the written consent of the others. 11.4 Reimbursement and/or Reallocation Where a trial verdict or arbitration award allocates or determines the comparative fault of the parties, PARTIES may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments, and awards, consistent with such comparative fault. 12. GENERAL PROVISIONS 12.1 Notices Any notice, request, demand, or other communication required or permitted hereunder shall be in writing and may be personally delivered or given as of the date of mailing by 11 depositing such notice in the United States mail, first-class postage prepaid and addressed as follows, or, to such other place as each PARTY may designate by subsequent written notice to each other: To SHERIFF: Sheriff Riverside County Sheriffs Department 4095 Lemon Street Riverside, CA 9250 I To Non-County PARTIES: Chief of Police Huntington Beach Police Department 2000 Main Street Huntington Beach, CA 92648 Chief of Police Newport Beach Police Department 870 Santa Barbara Drive Newport Beach, CA 92660 Sheriff Los Angeles County Sheriffs Department Special Enforcement Bureau 1060 North Eastern Avenue Los Angeles, CA 90063 Chief of Police Laguna Beach Police Department 505 Forest Ave Laguna Beach, CA 92651 Chief of Police Seal Beach Police Depmiment 911 Seal Beach Blvd Seal Beach, CA 90740 A notice shall be effective on the date of personal delivery if personally delivered before 5 :00 p.m. on a business day or otherwise on the first business day following personal delivery; or two (2) business days following the date the notice is postmarked, if mailed; or on the first business day following delivery to the applicable overnight courier, if sent by overnight courier for next business day delivery and otherwise when received. 12.2 Amendment; Assignment This Agreement may be modified or amended only by a written document signed by the COUNTY through SHERIFF and the affected PARTY or PARTIES, and no oral understanding or agreement shall be binding on any PARTY or PARTIES. No PARTY shall assign any of its rights or delegate any of its obligations hereunder without the prior written consent of the other PARTIES. 12 12.3 Entire Agreement This Agreement constitutes the complete and exclusive statement of agreement between the COUNTY and non-County PARTIES with respect to the subject matter hereto. As such, all prior written and oral understandings are superseded in total by this Agreement. 12.4 Construction This Agreement will be deemed to have been made and shall be construed, interpreted, governed, and enforced pursuant to, and in accordance with, the laws of the State of California. The headings and captions used in this Agreement are for convenience and ease of reference only and shall not be used to construe, interpret, expand, or limit the terms of the Agreement and shall not be construed against any one PARTY. 12.5 Waiver A waiver by COUNTY or non-County PARTIES ofa breach of any of the covenants to be performed by COUNTY or non-County PARTIES shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions, or conditions of this Agreement. In addition, the failure of any PARTY to insist upon strict compliance with any provision of this Agreement shall not be considered a waiver of any right to do so, whether for that breach or any subsequent breach. The acceptance by COUNTY or non- County PARTIES of either performance or payment shall not be considered a waiver of PARTY's preceding breach of this Agreement. 12.6 Authority to Enter Agreement COUNTY and non-County PARTIES have all requisite power and authority to conduct their respective business and to execute, deliver, and perform the Agreement. Each PARTY warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective PARTY. 12. 7 Cooperation COUNTY through SHERIFF and Non-County PARTIES will cooperate in good faith to implement this Agreement. 12.8 Counterparts This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. SHERIFF will provide each PARTY with a copy of this Agreement once fully executed. 12.9 Severability This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any Court or other legal authority, or is agreed upon by the PARTIES, to be in conflict with any law or regulation, then the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of this Agreement to any PARTY is lost, then the Agreement may be 13 terminated at the option of the affected PARTY, with the notice as required in this Agreement. In all other cases, the remainder of this Agreement shall be severable and shall continue in full force and effect. 12.10 Legislative Changes If any changes are made to regulations pursuant to which this Agreement is made or to any successor legislation or regulations, or if the D HS imposes any budget requirements or limitations applicable to this Agreement and the services to be provided hereunder, then (I) to the extent any of the changes are of mandatory application, such change(s) shall apply to the PARTIES in this Agreement, and this Agreement shall be deemed to be amended to be consistent with such changes( s) except to the extent that such change( s) alter( s) a material provision of this Agreement in which case such material provision shall be voidable and the PARTIES will negotiate in good faith to amend the Agreement as necessary, and (2) to the extent any of the changes are not of mandatory application, such change(s) shall not affect this Agreement or the right or obligations of COUNTY and non-COUNTY under this Agreement unless the PARTIES mutually agree to subject themselves to such changes(s). 12.11 Representation Each PARTIES' Chief, and/or Sheriff, or their respective designee, shall represent its PARTY in all discussions pe11aining to this Agreement. SHERIFF, or his or her designee, shall represent COUNTY in all discussions pertaining to this Agreement. 12.12 Dispute Resolution Concerning Services and Payment In the event of any dispute concerning services and payment arising from this Agreement, representatives described in paragraph 12.11, will meet, and confer within ten (10) business days after receiving notice of the dispute to resolve the dispute. 12.13 Termination of Funding If funding for reimbursement of costs related to Operations is terminated by the DHS, this Agreement in its entirety shall be considered null and void and COUNTY through SHERIFF and PARTIES shall no longer be required to provide Operations as described herein. In such event, PARTIES shall meet immediately, and if agreed upon by the PARTIES, mutually develop and implement within a reasonable time frame, a transition plan for the provision of Operations through alternate means. 12.14 Obligation This Agreement shall be binding upon the successors of the PARTIES. 12.15 California Law This Agreement is executed and delivered within the State of California and the rights and obligations of the PARTIES hereto shall be construed and enforced in accordance with, and governed by, the laws of the State of California. 14 IN WITNESS WHEREOF, the PARTIES hereto approve and agree to the terms of this Agreement, such Agreement being effective May 15, 2023, unless otherwise specified . RIVERSIDE COUNTY SHERIFF'S DEPARTMENT Chad Bianco Sheriff-Coroner HUNTINGTON BEACH POLICE DEPARTMENT Eric G. Parra Chief NEWPORT BEACH POLICE DEPARTMENT Joe Cartwright Chief LOS ANGELES COUNTY SHERIFF'S DEPARTMENT Robert G. Luna Sheriff lr,1 / APPROVED As TO FORM ~7 fu,: M~~HAEI. E. GATES -J! <,I ry Ai"'rORN"-"Y •1 C ITY OF H i;; UNTINGTON B EACH 15 Approved as to form and legality: Minh C. Tran OFFICE OF COUNTY COUNSEL COUNTY OF RIVERSIDE Amrit P. Dhillon Deputy County Counsel LAGUNA BEACH POLICE DEPARTMENT Jeff Calvert Chief SEAL BEACH POLICE DEPARTMENT Michael Henderson Chief Approved as to form: DA WYN R. HARRISON OFFICE OF THE COUNTY COUNSEL COUNTY OF LOS ANGELES Michele Jackson Principal Deputy County Counsel FY 2022 OPERATION STONEGARDEN RIVERSIDE COUNTY SHERIFF'S DEPARTMENT -SUB-RECIPIENT SUMMARY A B C AGENCY NAME Operational OT Fringe Benefits VehicleNesse1 Maint Riverside CountY Sheriffs Department $ 158,158 s 9,774 $ - Huntinaton Beach Police Deoartment $ 191,526 s 2,777 $ - Laauna Beach Police Denartment $ 54,860 $ 790 $ - Los Anaeles Countv Sheriffs Deoartment $ 761,532 $ -$ 38,468 New □ort Beach Police Deoartment s 52,000 $ -$ - Seal Beach Police Deoartment $ 41,407 $ 593 $ - Grand Total San Diego County Region $ 1,259,483 $ 13,934 $ 38,468 Budget Narrative Category D E EquipMalnt New/Replace Equip $ -$ 678,218 $ $ -$ 69,000 s $ -$ 68,500 $ s -$ -$ $ -$ 10,000 $ $ -$ 103,570 $ $ . $ 929,288 $ EXHIBIT A F G H I Fuel Costs Mileage Flight Costs M&A TOTAL -$ 23,780 $ -$ 125,000 s 994,930 -$ -$ 105,697 $ -s 369,000 -$ 4,350 $ -$ -s 128,500 -$ -$ -$ -s 800,000 -$ -$ -$ -$ 62,000 -s -$ -$ -$ 145,570 . $ 28,130 $ 105,697 $ 125,000 $ 2,500,000 EXHIBIT B Homeland Security Grant Program -Operation Stonegarden Grant (OPSG) FY 2022 Stmultml Ass11ra11ces (All OPSG Participating Agencies) Name of Agency:------------------------------------ Address: City: State: Zip Code: As the duly authorized representative of the Agency ("Agency") named above, I hereby certify that the Agency has the legal authority to apply for federal assistance and has the institutional, managerial and financial capability (including sufficient funds to pay any non-federal share of project cost or to retroactively repay any reimbursement found out of compliance which was paid to Agency, for as long as the grant is active) to ensure proper planning, management and completion of the project described in this application, within prescribed timelines. I further acknowledge that the Agency is responsible for reviewing and adhering to all requirements within the: (a) Applicable Federal Regulations (see below); (b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual; (d) HSGP California State Supplement to the NOFO; and (e) Federal and State Grant Program Guidelines. Federal Regulations Government cost principles, uniform administrative requirements and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (0MB) and can be found at http://www.whitehouse.gov/omb/. Significant state and federal grant award requirements (some of which appear in the documents listed above) arc set forth below. The Agency hereby agrees to comply with tbe following: 1. Proof of Authority The Agency will obtain written authorization from the city council, governing board or authorized body in support of this project. This written authorization must specify that the Agency and the city council, governing board or authorized body agree: (a) To provide all matching funds required for said project and that any cash match will be appropriated as required; (b) That any liability arising out of the performance of this agreement shall be the responsibility of the Agency and the city council, governing board or authorized body; (c) That grant funds shall not be used to supplant expenditures controlled by the city council, governing board or authorized body; FY 2022 Operation Stoncgardcn Grant" Standard Assurances Page 1 of9 Initials (d) That the Agency is authorized by the city council, governing body, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any, or to retroactively repay any reimbursement found out of compliance which was paid to Agency, for as long as the grant is active) to ensure proper planning, management and completion of the project described in this application; and (e) That the official executing this agreement is, in fact, authorized to doso. This Proof of Authority must be maintained on file and readily available upon request. 2. Period of Performance The Agency is only authorized to perform allowable activities approved under the award, within the period of performance specified in the grant. Allowable activities may be initiated after approval of the award. 3. Lobbying and Political Activities As required by Section 1352, Title 31 of the U.S. Code (U.S.C.), for persons entering into a contract, grant, loan or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Agency ce11ifies that: (a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Agencies shall ce11ify and disclose accordingly. The Agency will also comply with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and §§7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in pai1 with federal funds. Finally, the Agency agrees that federal funds will not be used, directly or indirectly, to suppo11 the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor's Office of Emergency Services (Cal OES) or the federal awarding agency. 4. Debarment and Suspension As required by Executive Orders (EO) 12549 and 12689, and 2 C.F.R §200.213 and codified in 2 C.F.R Part 180, Debarment and Suspension, the Agency will provide protection against waste, fraud and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Agency certifies that it and its principals, contractors, or subcontractors: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forge1y, bribery, falsification or destruction of records, making false statements, FY 2022 Operation Stoncgardcn Grant -Standard Assurances Page 2 of9 Initials or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (Federal, State, or local) terminated for cause or default. Where the Agency is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 5. Non-Discrimination and Equal Employment Opportunity The Agency will comply with all state and federal statutes relating to non-discrimination. These include, but are not limited to the following: (a) Title VI of the Civil Rights Act of I 964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U,S,C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, and requires buildings and structures be accessible to those with disabilities and access and functional needs (42 U.S.C. § 12101-12213); (e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd ---2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units ---i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground- floor units in buildings without elevators) ---be designed and constructed with certain accessible features (See 24 C.F.R § 100.201); (h) Executive Order (E.O.) 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin; (i) Executive Order (E.O.) 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors; G) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages; (k) OHS policy to ensure the equal treatment of faith-based organizations, under which all recipients must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19; (I) The Agency will comply with California's Fair Employment and Housing Act (FEHA) (California Government Code § 12940, 12945, 42945.2), as applicable. FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, FY 2022 Operation Stoncgarden Grant* Standard Assurances Page 3 of9 Imtials breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax suppm1ed institutions; (m) Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and (n) The requirements of any other nondiscrimination statute(s) which may apply to the application. 6, Drug-Free Workplace As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the Agency certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act. 7, Environmental Standards The Agency will comply with State and Federal environmental standards, including: (a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000-21177), to include coordination with the city or county planning agency; (b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ I 5000-15387); (c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401), which regulates air emissions from stationary and mobile sources; (e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Orders (EO) 12898 which focuses on the environmental and human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities; (I) Evaluation of flood hazards in floodplains in accordance with Executive Order (EO) 11988 (g) Executive Order (EO) 11514 which sets forth national environmental standards; (h) Executive Order (EO) 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order (EO) 11990 which requires preservation of wetlands; (i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (i) The Endangered Species Act of 1973, (P.L. 93-205); (k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); (I) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§ 7401 et seq.); (m) Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. The Agency shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to§ 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution. FY 2022 Operation Stonegardcn Grant• Standard Assurances Page 4 of9 lmttals 8. Audits For grant recipients expending $750,000 or more in federal grant funds annually, the Agency will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements. 9. Access to Records In accordance with 2 C.F.R § 200.336, the Agency will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Agency will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision. 10. Conflict of Interest The Agency will establish safeguards to prohibit the Agency's employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 1 l. Financial Management False Claims for Payment -The Agency will comply with 31 U.S.C § 3729-3733 which sets forth that no subgrantee, recipient or subrecipient shall submit a false claim for payment, reimbursement or advance. 12. Reporting -Accountability The Agency agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), specifically (a) the reporting of subawards obligating $25,000 or more in federal funds and (b) executive compensation data for first-tier subawards. This includes the provisions of FFA TA, which includes requirements for executive compensation, and also requirements implementing the Act for the non-federal entity at 2 C.F.R. part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration and 2 C.F.R. pait 170 Reporting Subaward and Executive Compensation Information. 13. Whistleblower Protections The Agency also must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and§ 4310. 14. Human Trafficking The Agency will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; or (3) using forced labor in the performance of the award or subawards under the award. 15. Labor Standards The Agency will comply with the following federal labor standards: (a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327- 333), regarding labor standards for federally-assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (!HE), hospitals and other non-profit organizations. 16. Worker's Compensation The Agency must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code§§ 3700 et seq. FY 2022 Operation Stoncgarden Grant -Standard Assurances Page 5 of9 Imtmls 17. Property-Related If applicable to the type of project funded by this federal award, the Agency will: (a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Prope11y Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result offederal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase; (b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires Agencies in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more; (c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order (EO) 11593 (identification and protection of historic prope11ies), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § 469a-l et seq.); and (d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 C.F.R. Part 35) which prohibits the use of lead-based paint in construction or rehabilitation ofresidence structures. 18. Certifications Applicable Only to Federally Funded Construction Projects For all construction projects, the Agency will: (a) Not dispose of, modify the use of, or change the terms of the real prope11y title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in pa11 with federal assistance funds to assure nondiscrimination during the useful life of the project. (b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms to the approved plans and specifications and will furnish progressive repo11s and such other information as may be required by the assistance awarding agency or State. 19. Use of Cellular Device While Driving is Prohibited Agencies are required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services. 20. California Public Records Act and Freedom of Information Act The Agency acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity's grant management activities that are under federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code section 6250 et seq. The Agency should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process. FY 2022 Operation Stonegardcn Grant~ Standard Assurances Page 6 of9 Irntials HOMELAND SECURITY GRANT PROGRAM (HSGP) - PROGRAM SPECIFIC ASSURANCES/ CERTIFICATIONS 21. Acknowledgement of Federal Funding from DHS All Agencies must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in pa1i with federal funds. 22. Activities Conducted Abroad All Agencies must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. 23. Best Practices for Collection and Use of Personally Identifiable lnformation(PII) DHS defines personally identifiable information (Pll) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All Agencies who collect PII are required to have a publicly available privacy policy that describes standards on the usage and maintenance of PII they collect. Agencies may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template a useful resource respectively. 24. Copyright All Agencies must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards. 25. Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Paii 200, Subpati E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude Agencies from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions. 26. Energy Policy and Conservation Act All Agencies must comply with the requirements of 42 U.S.C. § 620 I which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. 27. Federal Debt Status All Agencies are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See 0MB Circular A- 129. 28. Fly America Act of 197 4 All Agencies must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transpotiation of people and property to the extent that such service is available, in accordance with the International Air Transpmiation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942. FY 2022 Operation Stonegarden Grant~ Standard Assurnnccs Page 7 of9 Imtials 29. Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Agencies must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a. 30. Non-supplanting Requirement All Agencies who receive federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources. 31. Patents and Intellectual Property Rights Unless otherwise provided by law, Agencies are subject to the Bayh-Oole Act, Pub. L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All Agencies are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 40!.l4. 32.SAFECOM All Agencies who receive federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. 33. Terrorist Financing All Agencies must comply with Executive Order (EO) 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Agencies are legally responsible to ensure compliance with the EO and laws. 34. Reporting of Matters Related to Subrecipient Integrity and Performance If the total value of the Agency's currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $ I 0,000,000 for any period of time during the period of performance of this federal financial assistance award, you must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions. 35. USA Patriot Act of2001 All Agencies must comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ I 75-l 75c. 36. Use of DHS Seal, Logo, and Flags All Agencies must obtain permission from OHS Financial Assistance Office, prior to using the OHS seal(s), logos, crests or reproductions of flags or likenesses of OHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. FY 2022 Operation Stonegardcn Grant -Standard Assurances Page 8 of9 Initials IMPORTANT The purpose of the assurance is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc. The Agency recognizes and agrees that state financial assistance will be extended based on the representations made in this assurance. This assurance is binding on the Agency, its successors, transferees, assignees, etc. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds. All appropriate documentation, as outlined above, must be maintained on file by the Agency and available for Cal OES or public scrntiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the Agency may be ineligible for award of any future grants if Cal OES determines that any of the following has occurred: (]) the Agency has made false cet1ification, or (2) violates the certification by failing to carry out the requirements as noted above. All of the language contained within this document must be included in the award documents for all subawards at all tiers. All Agencies are bound by the Department of Homeland Security Standard Terms and Conditions 2022, Version 3, hereby incorporated by reference, which can be found at: https://www.dhs.gov/publication/fyl5-dhs- standard-terms-and-conditions. The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the above-named Agency. Name of Agency: Signature of Authorized Agent: Printed Name of Authorized Agent: Title: ______________ _ Date: ___________ _ Email Address: ___________________________ _ FY 2022 Operation Stoncgarden Grant -Standard Assurances Page 9 of9 Initials EXHIBIT C Homeland Security Grant Program -Operation Stonegardcn Grant (OPSG) CERTIFICATION REGARDING LOBBYING UNDER FY2022 OPSG (All OPSG Participating Agencies) Certification for Contracts. Grants. Loans and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, 'Disclosure of Lobbying Activities,' in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. FY 2022 Operation Stonegorden Grant -Certification Regarding Lobbying Pagell2 Homeland Security Grant Program -Operation Stonegarden Grant (OPSG) CERTIFICATION REGARDING LOBBYING UNDER FY2022 OPSG (All OPSG Participating Agencies) The Subrecipient, as identified below, certifies, or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Subrecipient understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. Name of Agency: _________________________ _ Signature of Authorized Agent: __________________ _ Printed Name of Authorized Agent: ________________ _ Title: _______________ Date: ___________ _ FY 2022 Operation Sfonegarden Grant -Certification Regarding Lobbying Page212 APPENDIX A U.S. Department of Homeland Secllrity U.S. Cllstoms and Border Protection Operations Order Report Op Order Name: SDC OPERATION STONEGARDEN (OPSG) FY2022 Op Order Number: 22-SDCSDC-09-00 l VO Op Dates: From: 09/01/2022 To: 08/31/2025 (POP) Report Date: 09/29/2022 EXHIBIT D (U) "'arning: The information contained herein remains under the control of the Department of Homeland Security (DHS), through U.S. Customs and Border Protection (CBP). Dissemination is for authorized law enforcement purposes only. (U) This document contains information that is UNCLASSJFIED//FOR OFFICIAL USE ONLY (U//FOUO). It contains information that may be exempt from public release under the Freedom oflnformation Act (5 U.S.C. § 552). It is to be controlled, stored, han<Jled, transmitted, distributed, and disposed ofin accordance with DI-IS policy relating to FOUO information and is not to be released to the public, the media, or other personnel who do not have a valid necd•to•know without prior approval of an authorized CDP official. (U) Privacy Act 5 U.S.C. § 552a(b) "No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains [subject to 12 exceptions]." OOs and OPSG Operational documents contain shared intelligence, information, targeted enforcement information, Personally Identifiable Information (PII) ofUSBP and partner State, Local, and Tribal law enforcement entities. PII should not be released as it places public safety officials in danger from illicit actors and shared intelligence and information should not be disclosed without notice and permission from the contributing law enforcement agencies." EXECUTIVE SUMMARY Law enforcement partnerships between federal, state, and local entities are critical to improving operational control of the border. Grant funding in the amount of $2,500,000 via Operation Stonegarden (OPSG) will be utilized by a total of 6 partner law enforcement agencies from local units of government within the San Diego Sector Area of Responsibility, including Sheriffs Departments from Riverside and Los Angeles Counties, as well as California State Agencies to target border-related crime in the U.S./Mexico Border area and the California coastline. The Riverside County Sheriff's Department (RCSD) will be the OPSG Grant Administrator. The point-of contact (POC) will be Lieutenant Kevin Lamb. The USBP San Diego Sector Chief Patrol Agent will have operational oversight. The POC will be Special Operations Supervisor Anna Sofchek. The USBP San Diego Sector Chief Patrol Agent, in coordination/collaboration with OPSG stakeholders, will determine which areas will be the focus of operations. Security threats and operational hours/activities will be determined jointly between the San Diego Sector unified command staff and the OPSG Integrated Planning Team (!PT). Maritime-specific operations will be coordinated jointly with the San Diego Regional Coordinating Mechanism (ReCoM), Los Angeles/Long Beach ReCoM, Central California Maritime Agency Coordination Group (CenCal MAC), and the San Francisco ReCoM. Utilizing an all-threats approach in collaboration with U.S. Customs and Border Protection (CBP) I U.S. Border Patrol (USBP), state and local law enforcement agencies will exercise their l unique jurisdictional capabilities in order to collaboratively address border security issues. Historically, the San Diego Sector AOR has been a highly favored operational area for crime and drug smuggling organizations. The close proximity of Tijuana, Mexico to San Diego, California, population density, significant coastline, and extensive transportation networks leading to the interior immediately north of the border make San Diego a consistently lucrative target. Now, as the maritime smuggling threat increases, these organizations are looking for smuggling opportunities beyond San Diego County as demonstrated by Pangas being discovered more than 400 miles north in San Mateo County. Border-related crime represents an all-threat environment in that the primary criminal activity ( drug/human smuggling) often results in cross-border criminal organizations and individuals undertaking secondary and frequently, tertiary criminal activities that involve a wider range of crimes (kidnappings, assaults, murders, money laundering, cross-border weapons trafficking, etc.). These criminal activities, when undertaken in the U.S., constitute a threat to domestic security, subsequently triggering involvement by state and local law enforcement. I. SITUATION A. General Situation: San Diego County includes approximately 86 miles of international land border and the responsibility of the San Diego Sector (SDC) includes the 931 miles of coastal border of the State of California, including beaches and bays. SDC has an effective level of security that is commensurate with known and identified risks associated with criminal organizations. The incidence of border violence associated with competing drug cartels in the Tijuana/Tecate areas has continued and still has great potential to spread into the United States. Frequent assaults against Border Patrol Agents are a common diversionary tactic utilized by smuggling organizations to fmther their criminal activity. During a particularly volatile situation on July 23, 2009, Border Patrol Agent Robert Rosas was murdered in close proximity to the border fence while responding to an incursion in the Campo Station AOR. As security of the border is established and/or expanded within key target zones, criminal organizations resmt to increasingly elaborate smuggling methods such as sophisticated cross-border tunnels, watercraft in the maritime environment, and ultra-light aircraft. U.S. Border Patrol (USBP) San Diego Sector Operation Division will address specific threats posed by such organizations and aggressively integrate OPSG assets to reduce violent crime along the border, increase border security, and improve the quality of life within affected communities throughout the San Diego Sector operational AOR. As the maritime threat continues to increase in San Diego Sector's AOR, it has been necessary to provide additional funding and support along the coast to address emerging maritime Panga smuggling events approximately 489 miles north in Monterey, Santa Cruz, and San Mateo counties. Since its inception, the intent of OPSG has been to enhance law enforcement preparedness and operational readiness along the nation's borders. The Department of Homeland Security Appropriations Act 2010 (PL 111-83), via the Homeland Security Grant Program, allocated $90 million in FY 2022 OPSG grant 2 funds for use by local units of government to increase coordination and enforcement capabilities in support of Department of Homeland Security (DHS) goals including those outlined in the Border Patrol National Strategy. For this grant year, the San Diego Sector has been awarded $2,500,000 in FY 2022 OPSG Homeland Security Grant funds. B. Terrain/Weather: Terrain features within the San Diego Sector include beaches, estuaries, coastal plains, steep canyons and ravines, high deseti, and mountains over six thousand feet in elevation. There are numerous environmentally sensitive and protected areas. Dense, low lying brush and scrub trees cover much of the rural terrain throughout. Riverside County, the fourth largest in the state of California, is home to twenty high-transit interstates and state routes commonly used for illegal trafficking operations. Orange County and Los Angeles County represents a rugged coastline along with varying weather. Los Angeles County also includes the Islands of Catalina and San Clemente. These islands are remote and desolate and represent an area of great concern for the San Diego Sector. Weather conditions vary greatly throughout the San Diego Sector. The western corridor generally maintains year-round mild temperatures that average 50 to 80 degrees. The central and eastern corridors can experience extremes in temperatures ranging from subfreezing to well over I 00 degrees. Eastern portions of the County can experience occasional snowfall and high winds. In addition, the western portion of the San Diego Sector experiences frequent coastal eddies (a combination of low clouds and fog), which extend several miles inland. Wildfires are a very real and persistent threat throughout the San Diego Sector. The fire season extends from May through November. Historically, wildfires have resulted in the devastating loss of life and property. The combination of climatic extremes, rugged terrain, dense urban corridors, and protected environmental areas presents a complex challenge to conducting daily operations. As such, enforcement entities operating within the counties utilize considerable ingenuity and flexibility in order to achieve their missions. C. Criminal Element: Drug smuggling organizations continue to pose significant threats throughout the area. These organizations have become increasingly sophisticated and use counter surveillance, diversionary tactics, night vision devices, and secure 3 communications while conducting operations. Human trafficking, trans-border kidnappings, extortion, murder, and intimidation are common results of cartel competition for lucrative territory. Criminal debriefings, examination of pocket trash, and officer observations indicate substantial intelligence gathering efforts against law enforcement operations by area criminal organizations. Smugglers frequently utilize dangerous tactics in order to further their cargo into the United States. Among these are failures to yield when vehicle or checkpoint stops are initiated, abandonment of the smuggling vehicle by the driver while it is still in motion, wrong-way driving on freeways north through the Mexican Port of Entry into the southbound lanes of Interstate 5, and the overloading of boats with human cargo. The abandonment of individuals or entire groups by their guides in remote, inhospitable environments is not uncommon and has resulted in a significant number of deaths. Smuggling organizations using these, and other tactics, have been historically responsible for several assaults on Border Patrol Agents and local law enforcement officers. D. Friendly Forces: Riverside County Sheriff's Department Huntington Beach Police Department Seal Beach Police Department Los Angeles County Sheriff's Department Laguna Beach Police Department Newport Beach Police Department II. MISSION Department of Homeland Security, CBP/Border Patrol, state, and local law enforcement agencies operating in Riverside, Orange, and Los Angeles Counties will collaborate to raise border security by: • Disrupting and degrading targeted transnational criminal organizations (TCO's) • Enhancing land/coastal border detection and interdiction capabilities • Expanding formal communication, intelligence protocols, and nontraditional intelligence/fusion opportunities III. EXECUTION A. Management/Supervisor Intent: Participating OPSG law enforcement agencies will enforce local/state laws within their jurisdiction and will not enforce immigration laws (Title 8 USC) on behalf of CBP/Border Patrol. Each participating agency will conduct enforcement activities that have a nexus and contribute to border security as described in the "Specific Responsibilities" section of this plan. 4 B. General Concept: OPSG operational activities will emphasize those measures that increase horder security in direct collaboration with CBP/Border Patrol. Participating agencies will utilize their unique areas of expertise and jurisdictional authority to patrol targeted areas within the county and participate in special operations targeting border nexus crime. Border security threat and operational hours/activities will be determined jointly between the San Diego Sector unified command staff and the OPSG Integrated Planning Team (!PT). Maritime-specific operations will be coordinated jointly with the San Diego Regional Coordinating Mechanism (ReCoM), Los Angeles/Long Beach ReCoM, CenCal MAC, and the San Francisco ReCoM. This operational concept does not result in a change or extension of Federal authority to state or local law enforcement agencies to enforce Federal immigration laws (Title 8 USC). It is anticipated however, that increased enforcement activities under OPSG will reduce the threat of border incursions and also significantly impact the ability of criminal organizations to operate from the U.S. Mexico border in San Diego north along the coast to San Mateo County. Participating agencies will utilize OPSG funding for overtime, fuel, mileage, vehicle/vessel maintenance, air support, and equipment in order to support enforcement operations as identified in the quarterly OPSG Operational Plan(s). If Federal immigration violations are encountered, state and local agencies will follow current local and state laws, policies and practices. This plan is subject to approval by the Chief Patrol Agent (CPA) of San Diego Sector (SOC) and the Office of Border Patrol (OBP) prior to release ofOPSG funds. C. Specific Responsibilities: The main objective is to raise the level of U.S. border and California coastline security to reduce the threat of border-related crime by increasing law enforcement presence and special operations in rural and coastal areas, communities, and routes of land and marine egress throughout the San Diego Sector AOR, including Riverside, Orange, and Los Angeles Counties. The participating agencies below will not enforce Title 8 (US Immigration law). They will each enforce state law and local ordinances against violators in target areas to help reduce criminal activity associated with transnational criminal organizations. Participating agencies will utilize OPSG funding for operational overtime, fuel, mileage, vehicle/vessel maintenance, air support, and equipment in order to support operations. Participating agencies may conduct intelligence-driven operations and perform coordinated cyclical intelligence based criminal interdiction operations as necessary in collaboration with the OPSG !PT. Operations described as follows may be modified in order to facilitate additional enforcement efforts within allocated funds. 5 All OPSG air operations will de-conflict with CBP and notify the San Diego ReCoM, Los Angeles/Long Beach ReCoM, CenCal MAC, or the San Francisco ReCoM prior to flight. Riverside County Sherifrs Department, USBP San Diego Sector and Station Special Operations Groups and Intelligence Units in conjunction with OPSG Partners and Task Forces will conduct intelligence-based operations within the San Diego Sector during the time period outlined during the Border Patrol weekly Unified Command meetings, along with the RECOM and OPSG !PT. Sector-wide, high visibility special operations will be performed quarterly with a focus on intelligence based criminal interdiction. The multi-agency, cross jurisdictional special operations will include all the participating agencies below and be coordinated by the Riverside County Sherifrs Department and USBP San Diego Sector. OPSG funds will be used for reasonable operational overtime costs associated with law enforcement activities in suppott of enhanced border security. Overtime pay is specifically for increased patrol time for certified public safety officers, including, but not limited to, rangers detectives and investigators who will work in a patrol capacity on assigned OPSG shifts, along with other law enforcement support personnel such as communication officers/dispatchers and patrol pilots. Pa1ticipating agencies may not utilize OPSG funds to pay for a personnel's overtime hours or cost that exceeds 16 hours worked in any 24-hour period. D. Coordinating Instructions: The San Diego Sector Chief Patrol Agent will have operational oversight and in coordination/collaboration with OPSG stakeholders, will determine which areas will be the focus of operations. San Diego Sector and local participating agencies will be executing a yearly OPSG operational plan for submission to OBP. San Diego Sector stations will be responsible for OPSG-related enforcement activities and intelligence sharing within their respective AORs. An Incident Command System (JCS) may be utilized to facilitate Sector-wide coordination and monitoring of OPSG activities as warranted during special operations. Sector stations and local/state representatives will ensure daily OPSG activities within their respective AOR are monitored and reported accordingly. Stations will be responsible for reporting OPSG-related intelligence to the Sector Intelligence Unit (SIU) as appropriate. For maritime operations, the RECOM will be responsible for the aforementioned requirements. Each of the 6 participating OPSG agencies will have a designated management representative as noted in the Specific Responsibilities section of this operational plan. 6 Activity Reporting: The Daily Activity Repo1i must be submitted to the USBP San Diego Sector, or the participating agency's OPSG coordinator, within 48-hours of the conclusion of each OPSG shift. Both sub-recipients and San Diego Sector are responsible to ensure that DARs are submitted in the proper format and in a timely manner. DARs will be submitted using the CBP Operation Stonegarden Data Management System in www.HSIN.gov. Friendly Forces receiving funding through a subrecipient will also need to complete DARs online within 48 hours and submit hard copies of DA Rs to subrecipient along with the claims. The San Diego Sector OPSG Group will be responsible for compiling daily activity reports and SDSD Financial will be responsible for tracking OPSG expenditures. Bi-Weekly Activity and After-Action Reports will be completed by the Sector OPSG Group and submitted via email to OBP. Information Sharing: Information from source documents (e.g. arrest reports, citations, field interviews, etc.) will be entered into www.HSIN.gov. Items of interest will be developed by Intelligence Units and forwarded to appropriate agency/task force for action. Intelligence Products: Intelligence products including mapping, trend analysis, community impact, and target files will be developed via a collaborative effort between the Intelligence Units and appropriate agency/task force. Performance Metrics: OPSG impact on border security and public safety will be gauged by several mechanisms: • Statistically tracked events such as traffic stops, citations, misdemeanor/felony arrests, and contraband seizures in OPSG target areas. • SID evaluation of OPSG effect on targeted criminal organizations and their activities. • Third party indicators ascertained via crime statistical analysis and community impact data developed by Fusion Centers within the San Diego Sector. Regional Scheduling: 7 Each partner agency will send their weekly/bi-weekly/monthly OPSG schedule (whichever applies), utilizing the appropriate format, to the San Diego Sector (SDC) OPSG Points of Contact. Points of Contact: I. Riverside County Sheriffs Department (RCSD) OPSG Rep: Captain Adriaan Roggeveen (760) 578-l 62 l • Conduct intelligence-based operations targeting transnational criminal organizational activities along 1-15 near lower Highway 74 bordering San Diego county, 1-10 and Highway 86, which are critical points of intersection for both Arizona border and southern border of Imperial county. • Conduct high-visibility patrols design to saturate the freeway system and routes of ingress and egress from border counties, using law enforcement presence to deter smuggling activities. 2. Huntington Beach Police Department (HBPD) OPSG Rep: Lieutenant Thoby Archer (714) 536-5694 Coordinate intelligence-based operations within the Huntington Beach AOR and adjacent coastal areas of Newport Beach. • Conduct high-visibility interdiction operations along 1-405 to help deter transnational criminal organizational activities. • Conduct harbor and coastal patrols, as well as aerial support, in response to maritime enforcement related to smuggling activities 3. Los Angeles County Sheriff's Department (LASO) OPSG Rep: Commander Jack Ewell (323) 881-7823 • Conduct air, land and sea patrols in the vicinity of San Clemente Island, Catalina Island and adjacent coastal areas within Los Angeles County • Conduct operations and patrols as determined by the Los Angeles/Long Beach RECOM, using intelligence and analysis provided by the MAC Intelligence Community (MAC IC) Coordinate efforts through the Los Angeles/Long Beach RECOM and the Maritime Coordination Center (MCC) and provide coastal observation per MAC IC collection requirements for maritime enforcement assets patrolling the immediate coastline Perform coordinated cyclical intelligence based criminal interdiction operations 8 Utilize LASO dispatchers and/or Lieutenant grade field operations to support high visibility enforcement actions when multiple stakeholders and/or multiple LASO units are engaged and/or while working under the JCS system Report and de-conflict all OPSG operations through the MCC in Long Beach prior to deployment 4. Seal Beach Police Department (SBPD) OPSG Rep: Lieutenant Julia Clasby (562) 799-4100 Conduct intelligence based law enforcement patrols and special operations along the coastline, coastal access points, and flood control access points in the jurisdiction of Seal Beach, in an effort to reduce smuggling and marine interdiction related crimes 5. Laguna Beach Police Department (LBPD) OPSG Rep: Sergeant Jesse Schmidt (949) 497-0359 • Will provide increased law enforcement patrols, drone surveillance, and special operations throughout the City of Laguna Beach in Orange County in an effort to reduce narcotic smuggling, human trafficking, and border related crimes. 6. Newpott Beach Police Department (NBPD) OPSG Rep: Sergeant Mark Short (949) 644-3610 • The NBPD will conduct bi-weekly overt and covert operations as described in our above schedule along with any additional requests from OPSG coordinators. These operations will entail surveillance, intelligence gathering, and directed enforcement of criminal related activity along our coastline and harbor. These operations will show high levels of law enforcement presence and serve as a criminal deterrent, help to maintain secure borders, reduce human trafficking, and can lead to drug and vehicle seizures, as well as arrests. E. Public/Open Records Requests: In order to accomplish the Operation Stonegarden mission, law enforcement sensitive information is shared between Federal, State, and local law enforcement agencies. This information includes intelligence sharing, CON OPS/ Applications, Operations Orders, Fragmentary Orders, Daily Activity Reports, After Action Reports, and more. OPSG records and documents may contain law enforcement 9 sensitive information. Participating agencies agree to protect OPSG documents in accordance with applicable Federal, State, and local laws. Agencies should, while complying with State and local laws and policies, also notify their local USBP Sector staff when the agency receives a public records request for OPSG documents that were created by USBP. IV. ADMINISTRATION/LOGISTICS A. Cost Estimates/Funding Issues: Reimbursement for OPSG participants will be contingent upon approval of this operational plan, developed jointly between OPSG representatives and CBP/Border Patrol. No operations will commence and/or funds drawn prior to plan approval by OBP. The Riverside County Sheriffs Department will be the OPSG Grant Administrator. Funding for each participant will be approved on a case-by-case basis specific to the operational plan. Enforcement efforts and priorities may be shifted accordingly. The State Administrative Agency (SAA) must report Stonegarden obligations/expenditures via the Categorical Assistance Progress (CAPR)/Biannual Strategy Implementation Reports (BSJR) semi-annually and the Financial Status Report (SF-269a) by calendar quarter. Local and state law enforcement agencies shall not utilize OPSG funding to supplant their inherent routine patrol and law enforcement operations in order to perform activities not directly related to increasing border security. Fringe Benefits for friendly forces: The agencies listed below are 1101 requesting any additional fringe benefits. All benefits costs associated with OPSG sh(fis will be covered in overtime costs. • Los Angeles County Sheriffs Department • Newpmt Beach Police Department 10 FY 2022 OPERATION STONEGARDEN RIVERSIDE COUNTY SHERIFF'S DEPARTMENT-SUB-RECIPIENT BUDGET TABLE RCSD law Enforcement Operational overtime HBPD LBPD * Over 50% in OT funding needs a Personal LASD Cap Waiver request letter NBPD SBPD RCSD HBPD Fringe Benefits for Law Enforcement LBPD SBPD $158,158 $191,526 $54,860 $761,532 $52,000 $41,407 $9,774 $2,777 $790 $593 · '·· Overtime and Fringe Total RCSD: Items 1-7 $397,922 General Equipment LBPD: Items 8-10 $23,500 NBPD: Item 11 $10,000 SBPD: Items 12 $57,150 Special Equipment N/A RCSD: Items 1 $280,296 Vehicles, Watercraft, other type of vehicles HBPD: Items 2 $69,000 * Needs Justification Letter LBPD: Items 3 $45,000 SBPD: Items 4 $46,420 Regional Capability Building Equipment N/A * Needs Justification letter •·· All Equipme11tTotal . $1,259,483 $13,934 $1,273,417 .. $488,572 $440,716 $929,28lf 11 Maintenance Cost HBPD $105,697 $144,165 Vehicle/Vessel LASD $38,468 Mileage Cost RCSD $23,780 $28,130 LBPD $4,350 For Deployed LE and/or Federally Travel, lodging, and Per diem Sponsored N/A $0 (DHS/FEMA) border security task force meetings (IPTs) State M&A State can take up to 2.5% of total allocation $0 $0 Subtract state M&A CountyM&A from allocation and RCSD $125,000 $125,000 TOtal M&A-'cc'.; '$125,000 If using Indirect Costs a letter must sub-recipient's Indirect Indirect Costs be attached $0 $0 explaining FEMA's cost total agreed percentage Individual total of unallocated Funds unallocated funds for $0 $0 each Sub-recipient and Friendly Force ToiafF'IJ'i1dirig Coit $2,500,oOO Estimated Overtime Estimated Fringe Agency Name Numbers of Officers Estimated Hours Total Estimated Fringe Rate Total RCSD 25 1492 $158,158 6.18% $9,774 HBPD 30 1336 $191,526 1.45% $2,777 LBPD 15 604 $54,860 1.45% $790 LASD 30 6497 $761,532 0.00% $0 NBPO 15 490 $52,000 0.00% $0 SBPD 12 419 $41,407 1.45% $593 -,,,roial $1,259,483 Total $13,934' 12 !;H! Agency Name Item Number AEllf Equipment Name Quantity Price Total OJOE-02-FIBR Vldeoscope: Enhance the tactical Inspection «Jpabi!ity during OPSG 5 $9,050 $45,250 RCSD 1 trafficstons, 07SE• 01-0ENS Density Scanners: £nhance the tactlc:al Inspection capablllty dur1ng 5 $6,464 $32,320 RCSD 2 OPSG traffic stons, 07CD-01-MONO TruNarc Narcotic Analyzers: To enhance safety by conducting tests 4 $30,342 $121,366 RCSD 3 without manrpulalln" unknown substances during OPSG ooerations. Hand Tools: Provides at(:ess to hard to reach areas of a vehicle whlle 7 $827 $5,791 OJSR-02-TlHN mlnlmlzln"' the risk of injury during OPSG operations. RCSD ' 14SW-02-RADR Handheld X-ray lmager: To enhance c.apabilitles to quickly and 5 $36,000 $180,000 RCSD 5 effectively locate contraband concealed In motor vehicle body panels. 03SR-02-TPEL Electric Tools: Provides a«ess to hard to reach areas of a vehicle while 7 $1,035 $7,595 RCSD 6 mlnlmlitng the risk of lnjurv during OPSG operations. OJOE-01-VSTO Operational Vest: To enhance safety and security for personnel working 7 $800 $5,600 RCSO 7 OPSG operations. 030E·02·T!LA Night Vision Goggles: To enhance capabllltles and safety during OPSG 2 $7,500 $15,000 tBPD 8 oneratlons during the hours of darkness. 030E-02.-TtLA Thennal Scope: To enhance capabllltles and safety during OPSG 1 $6,500 $6,500 L8PO ' onerations during the hours of darkness, 030E.-02-TllA PE.Q-15 IR Laser: To enhance capabllitles and safety durlng OPSG 1 $2,000 $2,000 l8PO 10 operations durln" the hours of darkness. 14SW-01-VIDA Code 5 Camera System: To enhance our law enforcement capabilities to 1 $10,000 $10,000 NBPD 11 collect Information and lnte[llnence to Increase border security. 030£-0l·ALPR Portable LPR Systems: To enhance our law enforooment capabilities to 6 $9,525 $57,150 SBPO 12 collect Information and rntemgence to increase border security. Total· $4Sfl;s12· • . " "' ' •-en~Name Item Number AEL# Enufnment Name Quantitv Pn<e Total Fully Outfitted Marked Patrol vehicle with law Enforcement package: RCSD 1 12VE-OO-MlSS Use for OPSG Patrols ' $70,074 $280,296 HBPO 2 17WC·00·80AT Fully Equipped Patrol Utility Boat: Use for OPSG Patrols 1 $69,000 $69,000 Fully Outfitted Marked Patrol vehkle with law Enforcement package: LBPO 3 12VE-OO-M15S Use for OPSG Patrols 1 $45 000 $45 000 Fu11y Outfitted Marked Patrol vehicle with law Enforcement package: SBPD 4 12VE-OO·MISS Use for OPSG Patrols 1 $46 420 $46 420 Total· ~A40716 13 Agency name Estimated Patrol Hours (16 Gallons Per Hour) Estimated Fuel Cost (Gallon) HBPD $5.00 LASD $5.00 LBPD $5.00 Maintenance Description Flight Costs Raptor Boat Maintenance Costs 40,305 LBPD 7,372 $0.59 Total B. Travel: Not applicable. C. Lodging: Not applicable. D. Reception of Detailed Personnel: Not applicable. E. Uniform and Eqnipment: Estimated Total $0 Estimated Total $23,780 $4,350 $28,130 All personnel assigned to this operation will utilize the approved agency uniform in accordance with each agency Standard Operating Procedure (SOP). No deviations from these SOPs are anticipated. F. Special Equipment: Not applicable. G. Processing: Participating OPSG law enforcement agencies will enforce local and state laws within their jurisdiction and will not enforce immigration laws (Title 8 USC) on behalf of CBP/Border Patrol. Apprehension and seizures will be processed in 14 accordance with existing federal, state, and local laws, policies and guidelines. State felony warrant suspects in CBP/Border Patrol custody will be managed in accordance with existing agreements between the San Diego Sector and local agencies. H. Medical: Medical emergencies will be handled by the closest available medical facility, and in accordance with established departmental policies and procedures of each OPSG participating agency. I. Detention/Transportation: Apprehended individuals will be transported in accordance with federal, state and local laws, policies, agreements and guidelines of the arresting agency. J. Vehicles: Local and state law enforcement vehicles will be used in suppott of this operation. Participating agencies will be responsible for the fuel and maintenance of their vehicles. Fuel, mileage, and maintenance costs may be reimbursed in whole or in part for those vehicles utilized in OPSG-related operations. V. COMMAND/CONTROL/COMMUNICATION A. Chain of Command: Participating agencies will maintain their individual chains of command as dictated by internal policies and guidelines. U.S. Border Patrol -San Diego Sector Chief Patrol Agent: Aaron M. Heitke Deputy Chief Patrol Agent: Patricia McGurk-Daniel ACTf Director: Bernardino Soto Assistant Chief Patrol Agent: Lewis F. Salling Special Operations Supervisor: Anna M. Sofchek (520) 603-2293 SD Regional Coordinating Mechanism (ReCoM) (A)SOS Rory Russel (619) 782-3586 Central California Maritime Agency Coordination Group (CenCalMAC) SBPA Richard Wilcox (619) 481-8819 San Francisco ReCoM MAC Vacant B. Unit Command: 15 U.S. Border Patrol Stations: Boulevard Station Brown Field Station • Campo Station • Chula Vista Station Imperial Beach Station Murrieta Station • San Clemente Station C. Communication Details: ANNEXES Communication protocol will be managed in accordance with each participant agency's existing policy. OPSG communications will be monitored and, as necessary, coordinated by the Incident Command System (!CS) when active. A. Administration Annex: The Riverside County Sheriffs Department will be the OPSG Grant Administrator. The grant funding for each of the OPSG participants is approved on a case-by-case basis specific to the yearly operational plan. The San Diego Sector Chief Patrol Agent in coordination with the OPSG !PT will determine which areas will be the focus of operations and may shift enforcement efforts and priorities accordingly. Operational plans may be amended as necessary. State and local law enforcement agencies shall not use OPSG funding to supplant their inherent routine patrol and law enforcement operations in order to perform activities not directly related to increasing border security. B. Execution Annex: Not applicable. C. Media Action Plan: Inquiries will be directed to the USBP San Diego Sector Information and Communications Division (619) 216-4182. Participating OPSG agencies will manage media inquiries as indicated by their individual departmental policies. D. Legal Review: This operational plan has been reviewed for legal sufficiency by CBP Office of Assistant Chief Counsel. E. Risks: No additional risks have been associated with this Operations Order (OPORD). 16 17 FY 2022 Operation Stonegarden Grant - Standard Assurances Page 1 of 9 Initials EXHIBIT B Homeland Security Grant Program - Operation Stonegarden Grant (OPSG) FY 2022 Standard Assurances (All OPSG Participating Agencies) Name of Agency: Address: City: State: Zip Code: As the duly authorized representative of the Agency ("Agency") named above, I hereby certify that the Agency has the legal authority to apply for federal assistance and has the institutional, managerial and financial capability (including sufficient funds to pay any non-federal share of project cost or to retroactively repay any reimbursement found out of compliance which was paid to Agency, for as long as the grant is active) to ensure proper planning, management and completion of the project described in this application, within prescribed timelines. I further acknowledge that the Agency is responsible for reviewing and adhering to all requirements within the: (a) Applicable Federal Regulations (see below); (b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual; (d) HSGP California State Supplement to the NOFO; and (e) Federal and State Grant Program Guidelines. Federal Regulations Government cost principles, uniform administrative requirements and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/. Significant state and federal grant award requirements (some of which appear in the documents listed above) are set forth below. The Agency hereby agrees to comply with the following: 1. Proof of Authority The Agency will obtain written authorization from the city council, governing board or authorized body in support of this project. This written authorization must specify that the Agency and the city council, governing board or authorized body agree: (a) To provide all matching funds required for said project and that any cash match will be appropriated as required; (b) That any liability arising out of the performance of this agreement shall be the responsibility of the Agency and the city council, governing board or authorized body; (c) That grant funds shall not be used to supplant expenditures controlled by the city council, governing board or authorized body; FY 2022 Operation Stonegarden Grant - Standard Assurances Page 2 of 9 Initials (d) That the Agency is authorized by the city council, governing body, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any, or to retroactively repay any reimbursement found out of compliance which was paid to Agency, for as long as the grant is active) to ensure proper planning, management and completion of the project described in this application; and (e) That the official executing this agreement is, in fact, authorized to do so. This Proof of Authority must be maintained on file and readily available upon request. 2. Period of Performance The Agency is only authorized to perform allowable activities approved under the award, within the period of performance specified in the grant. Allowable activities may be initiated after approval of the award. 3. Lobbying and Political Activities As required by Section 1352, Title 31 of the U.S. Code (U.S.C.), for persons entering into a contract, grant, loan or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Agency certifies that: (a) No federal appropriated funds have been paid or will be paid, by or on behalf of the unde rsigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Agencies shall certify and disclose accordingly. The Agency will also comply with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and §§7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. Finally, the Agency agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor’s Office of Emergency Services (Cal OES) or the federal awarding agency. 4. Debarment and Suspension As required by Executive Orders (EO) 12549 and 12689, and 2 C.F.R §200.213 and codified in 2 C.F.R Part 180, Debarment and Suspension, the Agency will provide protection against waste, fraud and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Agency certifies that it and its principals, contractors, or subcontractors: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, ---- FY 2022 Operation Stonegarden Grant - Standard Assurances Page 3 of 9 Initials or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (Federal, State, or local) terminated for cause or default. Where the Agency is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 5. Non-Discrimination and Equal Employment Opportunity The Agency will comply with all state and federal statutes relating to non-discrimination. These include, but are not limited to the following: (a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88 -352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, and requires buildings and structures be accessible to those with disabilities and access and functional needs (42 U.S.C. § 12101-12213); (e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd --- 2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units --- i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground- floor units in buildings without elevators) --- be designed and constructed with certain accessible features (See 24 C.F.R § 100.201); (h) Executive Order (E.O.) 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color , religion, sex, sexual orientation, gender identification, or national origin; (i) Executive Order (E.O.) 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors; (j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages; (k) DHS policy to ensure the equal treatment of faith-based organizations, under which all recipients must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19; (l) The Agency will comply with California's Fair Employment and Housing Act (FEHA) (California Government Code § 12940, 12945, 42945.2), as applicable. FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, ---- FY 2022 Operation Stonegarden Grant - Standard Assurances Page 4 of 9 Initials breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions; (m) Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and (n) The requirements of any other nondiscrimination statute(s) which may apply to the application. 6. Drug-Free Workplace As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the Agency certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act. 7. Environmental Standards The Agency will comply with State and Federal environmental standards, including: (a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000 -21177), to include coordination with the city or county planning agency; (b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000-15387); (c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401), which regulates air emissions from stationary and mobile sources; (e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Orders (EO) 12898 which focuses on the environmental and human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities; (f) Evaluation of flood hazards in floodplains in accordance with Executive Order (EO) 11988 (g) Executive Order (EO) 11514 which sets forth national environmental standards; (h) Executive Order (EO) 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order (EO) 11990 which requires preservation of wetlands; (i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205); (k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); (l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§ 7401 et seq.); (m) Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. The Agency shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to § 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) det ermined to be in violation of federal law relating to air or water pollution. ---- FY 2022 Operation Stonegarden Grant - Standard Assurances Page 5 of 9 Initials 8. Audits For grant recipients expending $750,000 or more in federal grant funds annually, the Agency will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements. 9. Access to Records In accordance with 2 C.F.R § 200.336, the Agency will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Agency will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision. 10. Conflict of Interest The Agency will establish safeguards to prohibit the Agency's employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 11. Financial Management False Claims for Payment - The Agency will comply with 31 U.S.C § 3729-3733 which sets forth that no subgrantee, recipient or subrecipient shall submit a false claim for payment, reimbursement or advance. 12. Reporting - Accountability The Agency agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), specifically (a) the reporting of subawards obligating $25,000 or more in federal funds and (b) executive compensation data for first-tier subawards. This includes the provisions of FFATA, which includes requirements for executive compensation, and also requirements implementing the Act for the non-federal entity at 2 C.F.R. part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration a nd 2 C.F.R. part 170 Reporting Subaward and Executive Compensation Information. 13. Whistleblower Protections The Agency also must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310. 14. Human Trafficking The Agency will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; or (3) using forced labor in the performance of the award or subawards under the award. 15. Labor Standards The Agency will comply with the following federal labor standards: (a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327- 333), regarding labor standards for federally-assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations. 16. Worker’s Compensation The Agency must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq. FY 2022 Operation Stonegarden Grant - Standard Assurances Page 6 of 9 Initials 17. Property-Related If applicable to the type of project funded by this federal award, the Agency will: (a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase; (b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires Agencies in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more; (c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order (EO) 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § 469a-1 et seq.); and (d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 C.F.R. Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 18. Certifications Applicable Only to Federally Funded Construction Projects For all construction projects, the Agency will: (a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project. (b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms to the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State. 19. Use of Cellular Device While Driving is Prohibited Agencies are required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands -free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services. 20. California Public Records Act and Freedom of Information Act The Agency acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity’s grant management activities that are under federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code section 6250 et seq. The Agency should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process. FY 2022 Operation Stonegarden Grant - Standard Assurances Page 7 of 9 Initials HOMELAND SECURITY GRANT PROGRAM (HSGP) – PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS 21. Acknowledgement of Federal Funding from DHS All Agencies must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. 22. Activities Conducted Abroad All Agencies must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. 23. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All Agencies who collect PII are required to have a publicly available privacy policy that describes standards on the usage and maintenance of PII they collect. Agencies may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template a useful resource respectively. 24. Copyright All Agencies must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards. 25. Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude Agencies from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions. 26. Energy Policy and Conservation Act All Agencies must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. 27. Federal Debt Status All Agencies are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A- 129. 28. Fly America Act of 1974 All Agencies must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942. ---- FY 2022 Operation Stonegarden Grant - Standard Assurances Page 8 of 9 Initials 29. Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Agencies must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a. 30. Non-supplanting Requirement All Agencies who receive federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources. 31. Patents and Intellectual Property Rights Unless otherwise provided by law, Agencies are subject to the Bayh -Dole Act, Pub. L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All Agencies are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14. 32. SAFECOM All Agencies who receive federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. 33. Terrorist Financing All Agencies must comply with Executive Order (EO) 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Agencies are legally responsible to ensure compliance with the EO and laws. 34. Reporting of Matters Related to Subrecipient Integrity and Performance If the total value of the Agency's currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, you must comply with the requirements set forth in the government -wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions. 35. USA Patriot Act of 2001 All Agencies must comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c. 36. Use of DHS Seal, Logo, and Flags All Agencies must obtain permission from DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. ---- FY 2022 Operation Stonegarden Grant - Standard Assurances Page 9 of 9 Initials IMPORTANT The purpose of the assurance is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc. The Agency recognizes and agrees that state financial assistance will be extended based on the representations made in this assurance. This assurance is binding on the Agency, its successors, transferees, assignees, etc. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds. All appropriate documentation, as outlined above, must be maintained on file by the Agency and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the Agenc y may be ineligible for award of any future grants if Cal OES determines that any of the following has occurred: (1) the Agency has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above. All of the language contained within this document must be included in the award documents for all subawards at all tiers. All Agencies are bound by the Department of Homeland Security Standard Terms and Conditions 2022, Version 3, hereby incorporated by reference, which can be found at: https://www.dhs.gov/publication/fy15-dhs- standard-terms-and-conditions. The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the above-named Agency. Name of Agency: Signature of Authorized Agent: Printed Name of Authorized Agent: Title: Date: Email Address: 1 APPENDIX A U.S. Department of Homeland Security U.S. Customs and Border Protection Operations Order Report Op Order Name: SDC OPERATION STONEGARDEN (OPSG) FY2022 Op Order Number: 22-SDCSDC-09-001 V0 Op Dates: From: 09/01/2022 To: 08/31/2025 (POP) Report Date: 09/29/2022 (U) Warning: The information contained herein remains under the control of the Department of Homeland Security (DHS), through U.S. Customs and Border Protection (CBP). Dissemination is for authorized law enforcement purposes only. (U)This document contains information that is UNCLASSIFIED//FOR OFFICIAL USE ONLY (U//FOUO). It contains information that may be exempt from public release under the Freedom of Information Act (5 U.S.C. § 552). It is to be controlled, stored, handled, transmitted, distributed, and disposed of in accordance with DHS policy relating to FOUO information and is not to be released to the public, the media, o r other personnel who do not have a valid need-to-know without prior approval of an authorized CBP official. (U)Privacy Act 5 U.S.C. § 552a(b) “No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains [subject to 12 exceptions].” OOs and OPSG Operational documents contain shared intelligence, information, targeted enforcement information, Personally Identifiable Information (PII) of USBP and partner State, Local, and Tribal law enforcement entities. PII should not be released as it places public safety officials in danger from illicit actors and shared intelligence and information should not be disclosed without notice and permission from the contributing law enforcement agencies.” EXECUTIVE SUMMARY Law enforcement partnerships between federal, state, and local entities are critical to improving operational control of the border. Grant funding in the amount of $2,500,000 via Operation Stonegarden (OPSG) will be utilized by a total of 6 partner law enforcement agencies from local units of government within the San Diego Sector Area of Responsibility, including Sheriff’s Departments from Riverside and Los Angeles Counties, as well as California State Agencies to target border-related crime in the U.S./Mexico Border area and the California coastline. The Riverside County Sheriff’s Department (RCSD) will be the OPSG Grant Administrator. The point-of contact (POC) will be Lieutenant Kevin Lamb. The USBP San Diego Sector Chief Patrol Agent will have operational oversight. The POC will be Special Operations Supervisor Anna Sofchek. The USBP San Diego Sector Chief Patrol Agent, in coordination/collaboration with OPSG stakeholders, will determine which areas will be the focus of operations. Security threats and operational hours/activities will be determined jointly between the San Diego Sector unified command staff and the OPSG Integrated Planning Team (IPT). Maritime-specific operations will be coordinated jointly with the San Diego Regional Coordinating Mechanism (ReCoM), Los Angeles/Long Beach ReCoM, Central California Maritime Agency Coordination Group (CenCal MAC), and the San Francisco ReCoM. Utilizing an all-threats approach in collaboration with U.S. Customs and Border Protection (CBP) / U.S. Border Patrol (USBP), state and local law enforcement agencies will exercise their EXHIBIT D 2 unique jurisdictional capabilities in order to collaboratively address border security issues. Historically, the San Diego Sector AOR has been a highly favored operational area for crime and drug smuggling organizations. The close proximity of Tijuana, Mexico to San Diego, California, population density, significant coastline, and extensive transportation networks leading to the interior immediately north of the border make San Diego a consistently lucrative target. Now, as the maritime smuggling threat increases, these organizations are looking for smuggling opportunities beyond San Diego County as demonstrated by Pangas being discovered more than 400 miles north in San Mateo County. Border-related crime represents an all-threat environment in that the primary criminal activity (drug/human smuggling) often results in cross-border criminal organizations and individuals undertaking secondary and frequently, tertiary criminal activities that involve a wider range of crimes (kidnappings, assaults, murders, money laundering, cross-border weapons trafficking, etc.). These criminal activities, when undertaken in the U.S., constitute a threat to domestic security, subsequently triggering involvement by state and local law enforcement. I. SITUATION A. General Situation: San Diego County includes approximately 86 miles of international land border and the responsibility of the San Diego Sector (SDC) includes the 931 miles of coastal border of the State of California, including beaches and bays. SDC has an effective level of security that is commensurate with known and identified risks associated with criminal organizations. The incidence of border violence associated with competing drug cartels in the Tijuana/Tecate areas has continued and still has great potential to spread into the United States. Frequent assaults against Border Patrol Agents are a common diversionary tactic utilized by smuggling organizations to further their criminal activity. During a particularly volatile situation on July 23, 2009, Border Patrol Agent Robert Rosas was murdered in close proximity to the border fence while responding to an incursion in the Campo Station AOR. As security of the border is established and/or expanded within key target zones, criminal organizations resort to increasingly elaborate smuggling methods such as sophisticated cross-border tunnels, watercraft in the maritime environment, and ultra-light aircraft. U.S. Border Patrol (USBP) San Diego Sector Operation Division will address specific threats posed by such organizations and aggressively integrate OPSG assets to reduce violent crime along the border, increase border security, and improve the quality of life within affected communities throughout the San Diego Sector operational AOR. As the maritime threat continues to increase in San Diego Sector's AOR, it has been necessary to provide additional funding and support along the coast to address emerging maritime Panga smuggling events approximately 489 miles north in Monterey, Santa Cruz, and San Mateo counties. Since its inception, the intent of OPSG has been to enhance law enforcement preparedness and operational readiness along the nation’s borders. The Department of Homeland Security Appropriations Act 2010 (PL 111-83), via the Homeland Security Grant Program, allocated $90 million in FY 2022 OPSG grant 3 funds for use by local units of government to increase coordination and enforcement capabilities in support of Department of Homeland Security (DHS) goals including those outlined in the Border Patrol National Strategy. For this grant year, the San Diego Sector has been awarded $2,500,000 in FY 2022 OPSG Homeland Security Grant funds. B. Terrain/Weather: Terrain features within the San Diego Sector include beaches, estuaries, coastal plains, steep canyons and ravines, high desert, and mountains over six thousand feet in elevation. There are numerous environmentally sensitive and protected areas. Dense, low lying brush and scrub trees cover much of the rural terrain throughout. Riverside County, the fourth largest in the state of California, is home to twenty high-transit interstates and state routes commonly used for illegal trafficking operations. Orange County and Los Angeles County represents a rugged coastline along with varying weather. Los Angeles County also includes the Islands of Catalina and San Clemente. These islands are remote and desolate and represent an area of great concern for the San Diego Sector. Weather conditions vary greatly throughout the San Diego Sector. The western corridor generally maintains year-round mild temperatures that average 50 to 80 degrees. The central and eastern corridors can experience extremes in temperatures ranging from subfreezing to well over 100 degrees. Eastern portions of the County can experience occasional snowfall and high winds. In addition, the western portion of the San Diego Sector experiences frequent coastal eddies (a combination of low clouds and fog), which extend several miles inland. Wildfires are a very real and persistent threat throughout the San Diego Sector. The fire season extends from May through November. Historically, wildfires have resulted in the devastating loss of life and property. The combination of climatic extremes, rugged terrain, dense urban corridors, and protected environmental areas presents a complex challenge to conducting daily operations. As such, enforcement entities operating within the counties utilize considerable ingenuity and flexibility in order to achieve their missions. C. Criminal Element: Drug smuggling organizations continue to pose significant threats throughout the area. These organizations have become increasingly sophisticated and use counter surveillance, diversionary tactics, night vision devices, and secure 4 communications while conducting operations. Human trafficking, trans-border kidnappings, extortion, murder, and intimidation are common results of cartel competition for lucrative territory. Criminal debriefings, examination of pocket trash, and officer observations indicate substantial intelligence gathering efforts against law enforcement operations by area criminal organizations. Smugglers frequently utilize dangerous tactics in order to further their cargo into the United States. Among these are failures to yield when vehicle or checkpoint stops are initiated, abandonment of the smuggling vehicle by the driver while it is still in motion, wrong-way driving on freeways north through the Mexican Port of Entry into the southbound lanes of Interstate 5, and the overloading of boats with human cargo. The abandonment of individuals or entire groups by their guides in remote, inhospitable environments is not uncommon and has resulted in a significant number of deaths. Smuggling organizations using these, and other tactics, have been historically responsible for several assaults on Border Patrol Agents and local law enforcement officers. D. Friendly Forces: Riverside County Sheriff's Department Huntington Beach Police Department Seal Beach Police Department Los Angeles County Sheriff's Department Laguna Beach Police Department Newport Beach Police Department II. MISSION Department of Homeland Security, CBP/Border Patrol, state, and local law enforcement agencies operating in Riverside, Orange, and Los Angeles Counties will collaborate to raise border security by: • Disrupting and degrading targeted transnational criminal organizations (TCO’s) • Enhancing land/coastal border detection and interdiction capabilities • Expanding formal communication, intelligence protocols, and nontraditional intelligence/fusion opportunities III. EXECUTION A. Management/Supervisor Intent: Participating OPSG law enforcement agencies will enforce local/state laws within their jurisdiction and will not enforce immigration laws (Title 8 USC) on behalf of CBP/Border Patrol. Each participating agency will conduct enforcement activities that have a nexus and contribute to border security as described in the “Specific Responsibilities” section of this plan. 5 B. General Concept: OPSG operational activities will emphasize those measures that increase border security in direct collaboration with CBP/Border Patrol. Participating agencies will utilize their unique areas of expertise and jurisdictional authority to patrol targeted areas within the county and participate in special operations targeting border nexus crime. Border security threat and operational hours/activities will be determined jointly between the San Diego Sector unified command staff and the OPSG Integrated Planning Team (IPT). Maritime-specific operations will be coordinated jointly with the San Diego Regional Coordinating Mechanism (ReCoM), Los Angeles/Long Beach ReCoM, CenCal MAC, and the San Francisco ReCoM. This operational concept does not result in a change or extension of Federal authority to state or local law enforcement agencies to enforce Federal immigration laws (Title 8 USC). It is anticipated however, that increased enforcement activities under OPSG will reduce the threat of border incursions and also significantly impact the ability of criminal organizations to operate from the U.S. Mexico border in San Diego north along the coast to San Mateo County. Participating agencies will utilize OPSG funding for overtime, fuel, mileage, vehicle/vessel maintenance, air support, and equipment in order to support enforcement operations as identified in the quarterly OPSG Operational Plan(s). If Federal immigration violations are encountered, state and local agencies will follow current local and state laws, policies and practices. This plan is subject to approval by the Chief Patrol Agent (CPA) of San Diego Sector (SDC) and the Office of Border Patrol (OBP) prior to release of OPSG funds. C. Specific Responsibilities: The main objective is to raise the level of U.S. border and California coastline security to reduce the threat of border-related crime by increasing law enforcement presence and special operations in rural and coastal areas, communities, and routes of land and marine egress throughout the San Diego Sector AOR, including Riverside, Orange, and Los Angeles Counties. The participating agencies below will not enforce Title 8 (US Immigration law). They will each enforce state law and local ordinances against violators in target areas to help reduce criminal activity associated with transnational criminal organizations. Participating agencies will utilize OPSG funding for operational overtime, fuel, mileage, vehicle/vessel maintenance, air support, and equipment in order to support operations. Participating agencies may conduct intelligence-driven operations and perform coordinated cyclical intelligence based criminal interdiction operations as necessary in collaboration with the OPSG IPT. Operations described as follows may be modified in order to facilitate additional enforcement efforts within allocated funds. 6 All OPSG air operations will de-conflict with CBP and notify the San Diego ReCoM, Los Angeles/Long Beach ReCoM, CenCal MAC, or the San Francisco ReCoM prior to flight. Riverside County Sheriff's Department, USBP San Diego Sector and Station Special Operations Groups and Intelligence Units in conjunction with OPSG Partners and Task Forces will conduct intelligence-based operations within the San Diego Sector during the time period outlined during the Border Patrol weekly Unified Command meetings, along with the RECOM and OPSG IPT. Sector-wide, high visibility special operations will be performed quarterly with a focus on intelligence based criminal interdiction. The multi-agency, cross jurisdictional special operations will include all the participating agencies below and be coordinated by the Riverside County Sheriff's Department and USBP San Diego Sector. OPSG funds will be used for reasonable operational overtime costs associated with law enforcement activities in support of enhanced border security. Overtime pay is specifically for increased patrol time for certified public safety officers, including, but not limited to, rangers detectives and investigators who will work in a patrol capacity on assigned OPSG shifts, along with other law enforcement support personnel such as communication officers/dispatchers and patrol pilots. Participating agencies may not utilize OPSG funds to pay for a personnel's overtime hours or cost that exceeds 16 hours worked in any 24-hour period. D. Coordinating Instructions: The San Diego Sector Chief Patrol Agent will have operational oversight and in coordination/collaboration with OPSG stakeholders, will determine which areas will be the focus of operations. San Diego Sector and local participating agencies will be executing a yearly OPSG operational plan for submission to OBP. San Diego Sector stations will be responsible for OPSG-related enforcement activities and intelligence sharing within their respective AORs. An Incident Command System (ICS) may be utilized to facilitate Sector-wide coordination and monitoring of OPSG activities as warranted during special operations. Sector stations and local/state representatives will ensure daily OPSG activities within their respective AOR are monitored and reported accordingly. Stations will be responsible for reporting OPSG-related intelligence to the Sector Intelligence Unit (SIU) as appropriate. For maritime operations, the RECOM will be responsible for the aforementioned requirements. Each of the 6 participating OPSG agencies will have a designated management representative as noted in the Specific Responsibilities section of this operational plan. 7 Activity Reporting: The Daily Activity Report must be submitted to the USBP San Diego Sector, or the participating agency’s OPSG coordinator, within 48-hours of the conclusion of each OPSG shift. Both sub-recipients and San Diego Sector are responsible to ensure that DARs are submitted in the proper format and in a timely manner. DARs will be submitted using the CBP Operation Stonegarden Data Management System in www.HSIN.gov. Friendly Forces receiving funding through a subrecipient will also need to complete DARs online within 48 hours and submit hard copies of DARs to subrecipient along with the claims. The San Diego Sector OPSG Group will be responsible for compiling daily activity reports and SDSD Financial will be responsible for tracking OPSG expenditures. Bi-Weekly Activity and After-Action Reports will be completed by the Sector OPSG Group and submitted via email to OBP. Information Sharing: Information from source documents (e.g. arrest reports, citations, field interviews, etc.) will be entered into www.HSIN.gov. Items of interest will be developed by Intelligence Units and forwarded to appropriate agency/task force for action. Intelligence Products: Intelligence products including mapping, trend analysis, community impact, and target files will be developed via a collaborative effort between the Intelligence Units and appropriate agency/task force. Performance Metrics: OPSG impact on border security and public safety will be gauged by several mechanisms: • Statistically tracked events such as traffic stops, citations, misdemeanor/felony arrests, and contraband seizures in OPSG target areas. • SID evaluation of OPSG effect on targeted criminal organizations and their activities. • Third party indicators ascertained via crime statistical analysis and community impact data developed by Fusion Centers within the San Diego Sector. Regional Scheduling: 8 Each partner agency will send their weekly/bi-weekly/monthly OPSG schedule (whichever applies), utilizing the appropriate format, to the San Diego Sector (SDC) OPSG Points of Contact. Points of Contact: 1. Riverside County Sheriff's Department (RCSD) OPSG Rep: Captain Adriaan Roggeveen (760) 578-1621 • Conduct intelligence-based operations targeting transnational criminal organizational activities along I-15 near lower Highway 74 bordering San Diego county, I-10 and Highway 86, which are critical points of intersection for both Arizona border and southern border of Imperial county. • Conduct high-visibility patrols design to saturate the freeway system and routes of ingress and egress from border counties, using law enforcement presence to deter smuggling activities. 2. Huntington Beach Police Department (HBPD) OPSG Rep: Lieutenant Thoby Archer (714) 536-5694 • Coordinate intelligence-based operations within the Huntington Beach AOR and adjacent coastal areas of Newport Beach. • Conduct high-visibility interdiction operations along I-405 to help deter transnational criminal organizational activities. • Conduct harbor and coastal patrols, as well as aerial support, in response to maritime enforcement related to smuggling activities 3. Los Angeles County Sheriff’s Department (LASD) OPSG Rep: Commander Jack Ewell (323) 881-7823 • Conduct air, land and sea patrols in the vicinity of San Clemente Island, Catalina Island and adjacent coastal areas within Los Angeles County • Conduct operations and patrols as determined by the Los Angeles/Long Beach RECOM, using intelligence and analysis provided by the MAC Intelligence Community (MAC IC) • Coordinate efforts through the Los Angeles/Long Beach RECOM and the Maritime Coordination Center (MCC) and provide coastal observation per MAC IC collection requirements for maritime enforcement assets patrolling the immediate coastline • Perform coordinated cyclical intelligence based criminal interdiction operations 9 • Utilize LASD dispatchers and/or Lieutenant grade field operations to support high visibility enforcement actions when multiple stakeholders and/or multiple LASD units are engaged and/or while working under the ICS system • Report and de-conflict all OPSG operations through the MCC in Long Beach prior to deployment 4. Seal Beach Police Department (SBPD) OPSG Rep: Lieutenant Julia Clasby (562) 799-4100 • Conduct intelligence based law enforcement patrols and special operations along the coastline, coastal access points, and flood control access points in the jurisdiction of Seal Beach, in an effort to reduce smuggling and marine interdiction related crimes 5. Laguna Beach Police Department (LBPD) OPSG Rep: Sergeant Jesse Schmidt (949) 497-0359 • Will provide increased law enforcement patrols, drone surveillance, and special operations throughout the City of Laguna Beach in Orange County in an effort to reduce narcotic smuggling, human trafficking, and border related crimes. 6. Newport Beach Police Department (NBPD) OPSG Rep: Sergeant Mark Short (949) 644-3610 • The NBPD will conduct bi-weekly overt and covert operations as described in our above schedule along with any additional requests from OPSG coordinators. These operations will entail surveillance, intelligence gathering, and directed enforcement of criminal related activity along our coastline and harbor. These operations will show high levels of law enforcement presence and serve as a criminal deterrent, help to maintain secure borders, reduce human trafficking, and can lead to drug and vehicle seizures, as well as arrests. E. Public/Open Records Requests: In order to accomplish the Operation Stonegarden mission, law enforcement sensitive information is shared between Federal, State, and local law enforcement agencies. This information includes intelligence sharing, CONOPS/Applications, Operations Orders, Fragmentary Orders, Daily Activity Reports, After Action Reports, and more. OPSG records and documents may contain law enforcement 10 sensitive information. Participating agencies agree to protect OPSG documents in accordance with applicable Federal, State, and local laws. Agencies should, while complying with State and local laws and policies, also notify their local USBP Sector staff when the agency receives a public records request for OPSG documents that were created by USBP. IV. ADMINISTRATION/LOGISTICS A. Cost Estimates/Funding Issues: Reimbursement for OPSG participants will be contingent upon approval of this operational plan, developed jointly between OPSG representatives and CBP/Border Patrol. No operations will commence and/or funds drawn prior to plan approval by OBP. The Riverside County Sheriff’s Department will be the OPSG Grant Administrator. Funding for each participant will be approved on a case-by-case basis specific to the operational plan. Enforcement efforts and priorities may be shifted accordingly. The State Administrative Agency (SAA) must report Stonegarden obligations/expenditures via the Categorical Assistance Progress (CAPR)/Biannual Strategy Implementation Reports (BSIR) semi-annually and the Financial Status Report (SF-269a) by calendar quarter. Local and state law enforcement agencies shall not utilize OPSG funding to supplant their inherent routine patrol and law enforcement operations in order to perform activities not directly related to increasing border security. Fringe Benefits for friendly forces: The agencies listed below are not requesting any additional fringe benefits. All benefits costs associated with OPSG shifts will be covered in overtime costs. • Los Angeles County Sheriff’s Department • Newport Beach Police Department 11 FY 2022 OPERATION STONEGARDEN RIVERSIDE CO UNTY SHER IFF 'S DEPARTMENT -SUB -RECIPIENT BUDGET TABLE Na1allNNIIHlu■llu,1 ., Fallnl RCSO $158,158 Law Enfor cement Oper ational Overtime HBP O $191,526 LB P O $54,860 • Ov e r 5 0% in OT f und ing n eed s a Pe r so n a l LASO $761,532 $1,259 ,483 Ca p W a ive r r e q u est le tte r N BP O $52,000 SB P O $41,407 RCSO $9 ,774 Fr inge Benefits for Law Enfor cement HBP O $2,777 $13,934 LB P O $790 SB P O $593 overtime and Fringe Total $1,273,417 RCSO : Ite m s 1-7 $397,922 Gener al Equipment LB PO: Items 8-10 $23 ,500 $488,572 N BPO: Ite m 11 $10,000 SB PO: Ite m s 12 $57,150 Special Equipment N/A RCSO : Ite m s 1 $280,296 Vehicles, Water cr aft, other type o f vehicles HBPO: Ite m s 2 $69 ,000 $440,7 16 • N eed s Ju stif i catio n Le tte r LB PO: Ite m s 3 $45 ,000 SB PO: Ite m s 4 $46,420 Regional capability Building Equipment N/A • N eed s Ju stif i catio n Le tte r All EquipmentTotal $929,288 12 HBPD $105 ,697 $144,165 Maintenance Co st $38,468 Vehi cl e/Vessel LASO RCSD $23 ,780 Mileage Cost LBPD $4,350 $28,130 Fo r De p loyed LE an d/or Fed e rally Travel, lodging, and Per diem Sp o n so r ed N/A $0 {DHS/FEMA ) b o rd e r secu rity t as k for ce m eetings {IPTs) Stat,e M&A St at e can t ake up t o $0 $0 2.5% of t o t al alloca tion Subt r act st at e M &A CountyM&A from a lloca tio n an d RCSD $125 ,000 $125 ,000 t o t al co unty M &A TotalM&A $125,000 If using Ind irect Cost s a l e tter must Indirect Co st s be attached Sub-recipient's Indirect $0 $0 expl ain ing FEMA's costtotal agreed percent age Ind ivi dual t o t al of Unallocated Funds unalloca t ed funds for $0 $0 each Sub -reci p ient and Fr i end ly Force Total Funding Cost $2,500,000 ...... ...._ Estimated Ove rtime Es timated Fringe Age ncy N a m e Nu mbers o f Officers Es timated Hours Total Estima t e d Fringe Rate To tal RCSD 25 1492 $158,158 6.18% $9,774 HBPD 30 1336 $191,526 1.45% $2,777 LBPD 15 604 $54,860 1.45% $790 LASO 30 6497 $761,532 0.00% so NBPD 15 490 $52,000 0.00% so SBPD u 419 $41,407 1.45% $593 Total $1,259,483 Total $13,934 13 ..... Age ncy Name It em Numbe r A EL# Equipme nt Name Quant ity Price Total 030E-02-FIBR Videoscope: Enhance the tactical inspection capability during OPSG 5 $9,050 $45,250 RCSD 1 traffi c stop s. 07SE-01-DENS Density Scanners: Enhance the t actical inspection capabil ity d uring 5 $6,464 $32,320 RCSD 2 OPSG t raffic stops. 07CD-01-MONO TruNarc N arcotic Analyzers: To e nhan ce safety by con ducting tests 4 $30,342 $121,366 RCSD 3 without m anipulating unknown substances during OPSG operations. RCSD 4 03S R-02-TLHN Hand Tools: Provides access to h ard t o reach areas of a vehicle while minimizing the risk of injury during OPSG operations. 7 $827 $5,791 14SW-02-RADR Hand held X-ray lmager: To e nhance capabilities to quickly a nd 5 $36,000 $180,000 RCSD 5 effective ly locate contraband conceal ed in motor vehicle body panels. 03SR -02-TPEL Electric Tools: Provides access to h ard to reach areas of a vehicle while 7 $1,085 $7,595 RCSD 6 minimizing the risk of injury during OPSG operations. 030E-01-VSTO Operational Vest: T o enhance safety and security for p ersonne l working 7 $800 $5,600 RCSD 7 OPSG operations. 030E-02-TILA Night Vision Goggl es: To enhance capabilities and safety during OPSG 2 $7,500 $15,000 LBPD 8 operations during the hours of darkness. 030E-02-TILA Thermal Scop e: To e nhance capabilities and safety during OPSG 1 $6,500 $6,500 LBPD 9 operations during the hours of darkness. 030E-02-TILA PEQ-15 IR Laser: To enhance capabilities an d safety d uring OPSG 1 $2,000 $2,000 LBPD 10 operat ions during the hours of darkness. 14SW-01-VIDA Code 5 Camera System: To enhance our law enforceme nt capabilities to 1 $10,000 $10,000 NBPD 11 collect information and intelligence to increase b o rder security. 030E-01-ALPR Portabl e LPR Systems: To e nhance our law e nforcement capabilities to 6 $9,525 $57,150 SBPD 12 collect information and inte lligence t o increase b o rder security. Total $488,572 -...,_.,....,_ Agen cv Nam e Ite m Number AELtl EQuipmen t Name Quantttv Price Total Fully Outfitted Marked Patr o l veh'cle ,•,ith Law Enforcement p ackage: RCSD 1 12VE-OO-lv11SS Use for OPSG P..tlrols 4 $70,074 $280,296 flBPD 2 17WC-O~BOAT Fully Equipped Patrol Utility Boal: U se for OPSG P.-.1 trols 1 $69,000 $69,000 Fully Outfitted M arked Patr o l veh'cle ,,,ith Law Enforcement p ackage: LSPD 3 12VE 00 MISS Use for OPSG Patro ls 1 $45,000 $45,000 Fully Oulfil1 ed M.-1rked P.-1lrol ve hicle ,.._,ilh L-tw Enforcement p ;u :k.-1ge: SBPD 4 12VE-OO-MISS Us e for OPSG Patro ls 1 $46,420 $46420 Total $440 716 14 B. Travel: Not applicable. C. Lodging: Not applicable. D. Reception of Detailed Personnel: Not applicable. E. Uniform and Equipment: All personnel assigned to this operation will utilize the approved agency uniform in accordance with each agency Standard Operating Procedure (SOP). No deviations from these SOPs are anticipated. F. Special Equipment: Not applicable. G. Processing: Participating OPSG law enforcement agencies will enforce local and state laws within their jurisdiction and will not enforce immigration laws (Title 8 USC) on behalf of CBP/Border Patrol. Apprehension and seizures will be processed in I FIIE!I Estimat ed Pa t rol Hours Estimat ed Fue l Co st Age n cy n am e (16 Ga llo ns Per Hour) (Ga llo n ) Estimat ed To t a l HBPO $5 .00 LASO $5 .00 LB PO $5 .00 Total so I Mall•- Age n cy Nam e Mainte n an ce Descriptio n To t al HBPO Flight Cost s $105 ,697 LASO Rap t o r Boa t Ma in t enance Cost s $38,468 I Total $144,165 I Age n cy Nam e Estimat ed M ile s Estimat ed M ileage Rat e Estimat ed To t a l RCSO 40,305 $0.59 $23 ,780 LB PO 7,372 $0.59 $4,350 Total $28,130 15 accordance with existing federal, state, and local laws, policies and guidelines. State felony warrant suspects in CBP/Border Patrol custody will be managed in accordance with existing agreements between the San Diego Sector and local agencies. H. Medical: Medical emergencies will be handled by the closest available medical facility, and in accordance with established departmental policies and procedures of each OPSG participating agency. I. Detention/Transportation: Apprehended individuals will be transported in accordance with federal, state and local laws, policies, agreements and guidelines of the arresting agency. J. Vehicles: Local and state law enforcement vehicles will be used in support of this operation. Participating agencies will be responsible for the fuel and maintenance of their vehicles. Fuel, mileage, and maintenance costs may be reimbursed in whole or in part for those vehicles utilized in OPSG-related operations. V. COMMAND/CONTROL/COMMUNICATION A. Chain of Command: Participating agencies will maintain their individual chains of command as dictated by internal policies and guidelines. U.S. Border Patrol - San Diego Sector Chief Patrol Agent: Aaron M. Heitke Deputy Chief Patrol Agent: Patricia McGurk-Daniel ACTT Director: Bernardino Soto Assistant Chief Patrol Agent: Lewis F. Salling Special Operations Supervisor: Anna M. Sofchek (520) 603-2293 SD Regional Coordinating Mechanism (ReCoM) (A)SOS Rory Russel (619) 782-3586 Central California Maritime Agency Coordination Group (CenCalMAC) SBPA Richard Wilcox (619) 481-8819 San Francisco ReCoM MAC Vacant B. Unit Command: 16 U.S. Border Patrol Stations: • Boulevard Station • Brown Field Station • Campo Station • Chula Vista Station • Imperial Beach Station • Murrieta Station • San Clemente Station C. Communication Details: Communication protocol will be managed in accordance with each participant agency’s existing policy. OPSG communications will be monitored and, as necessary, coordinated by the Incident Command System (ICS) when active. ANNEXES A. Administration Annex: The Riverside County Sheriff’s Department will be the OPSG Grant Administrator. The grant funding for each of the OPSG participants is approved on a case-by-case basis specific to the yearly operational plan. The San Diego Sector Chief Patrol Agent in coordination with the OPSG IPT will determine which areas will be the focus of operations and may shift enforcement efforts and priorities accordingly. Operational plans may be amended as necessary. State and local law enforcement agencies shall not use OPSG funding to supplant their inherent routine patrol and law enforcement operations in order to perform activities not directly related to increasing border security. B. Execution Annex: Not applicable. C. Media Action Plan: Inquiries will be directed to the USBP San Diego Sector Information and Communications Division (619) 216-4182. Participating OPSG agencies will manage media inquiries as indicated by their individual departmental policies. D. Legal Review: This operational plan has been reviewed for legal sufficiency by CBP Office of Assistant Chief Counsel. E. Risks: No additional risks have been associated with this Operations Order (OPORD). 17 FY 2022 Operation Stonegarden Grant – Certification Regarding Lobbying Page 1 | 2 EXHIBIT C Homeland Security Grant Program - Operation Stonegarden Grant (OPSG) CERTIFICATION REGARDING LOBBYING UNDER FY2022 OPSG (All OPSG Participating Agencies) Certification for Contracts, Grants, Loans and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, 'Disclosure of Lobbying Activities,' in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. FY 2022 Operation Stonegarden Grant – Certification Regarding Lobbying Page 2 | 2 Homeland Security Grant Program - Operation Stonegarden Grant (OPSG) CERTIFICATION REGARDING LOBBYING UNDER FY2022 OPSG (All OPSG Participating Agencies) The Subrecipient, as identified below, certifies, or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Subrecipient understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. Name of Agency: ________________________________________________________________ Signature of Authorized Agent: _______________________________________________ Printed Name of Authorized Agent: ___________________________________________ Title: _____________________________________ Date: _____________________________ EXHIBIT A FY 2022 OPERATION STONEGARDEN RIVERSIDE COUNTY SHERIFF'S DEPARTMENT - SUB-RECIPIENT SUMMARY A B C D E F G H I AGENCY NAME Operational OT Fringe Benefits Vehicle/Vessel Maint Equip Maint New/Replace Equip Fuel Costs Mileage Flight Costs M&A TOTAL Riverside County Sheriff's Department 158,158$ 9,774$ -$ -$ 678,218$ -$ 23,780$ -$ 125,000$ 994,930$ Huntington Beach Police Department 191,526$ 2,777$ -$ -$ 69,000$ -$ -$ 105,697$ -$ 369,000$ Laguna Beach Police Department 54,860$ 790$ -$ -$ 68,500$ -$ 4,350$ -$ -$ 128,500$ Los Angeles County Sheriff's Department 761,532$ -$ 38,468$ -$ -$ -$ -$ -$ -$ 800,000$ Newport Beach Police Department 52,000$ -$ -$ -$ 10,000$ -$ -$ -$ -$ 62,000$ Seal Beach Police Department 41,407$ 593$ -$ -$ 103,570$ -$ -$ -$ -$ 145,570$ Grand Total San Diego County Region 1,259,483$ 13,934$ 38,468$ -$ 929,288$ -$ 28,130$ 105,697$ 125,000$ 2,500,000$ Budget Narrative Category City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-498 MEETING DATE:8/1/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Eric Parra, Chief of Police PREPARED BY:Capt. Ryan Reilly and Ingrid Ono, Executive Assistant Subject: Approve and authorize the execution of contract amendments with Norman A. Traub & Associates, LLC and Beard Investigative Services, LLC for background investigative services, increasing compensation by $75,000 per contract and extending the terms through June 30, 2024 Statement of Issue: This request addresses background investigations on potential candidates for employment. Due to our department’s current increase in recruitment and hiring, the original agreements with our background service providers have exceeded the original contracted amounts. In order to continue timely processing of our candidates, some of which are currently under way, the City Council is requested to increase our total compensation and extend the term for these services through June 30, 2024. Financial Impact: The requested amendments will increase total compensation by $75,000 per contract, for a new contract amount not to exceed $206,000 with Norman A. Traub & Associates and a new contract amount not to exceed $158,000 with Beard Investigative Services. The Fiscal Year 2023/24 budget includes sufficient funding in account #10070710 for these services. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute “Amendment No. 3 to Agreement between the City of Huntington Beach and Norman A. Traub and Associates LLC for Background Services” (Attachment 1); and, B) Approve and authorize the Mayor and City Clerk to execute “Amendment No. 2 to Agreement between the City of Huntington Beach and Beard Investigative Services LLC for Background Investigative Services” (Attachment 2). Alternative Action(s): City of Huntington Beach Printed on 7/26/2023Page 1 of 2 powered by Legistar™ File #:23-498 MEETING DATE:8/1/2023 Do not approve one or more amendments, and direct staff accordingly. Analysis: The department currently uses Norman A. Traub & Associates, LLC, and Beard Investigative Services to handle the employee background checks necessary for the Huntington Beach Police Department’s (HBPD) hiring process. Maintaining both on-call contractors is imperative in the event one does not have the capacity at the time to handle the volume of candidates. The department is anticipating an increase in background processing in the following year as a result of more robust recruiting efforts. Both companies are effective in conducting backgrounds and ensuring the HBPD is hiring only qualified applicants. The requested amendments will extend the contract term and not-to- exceed amounts for both companies through the end of FY 2023/24. Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: Financial Sustainability, Public Safety or Other Attachment(s): 1.Amendment No. 3 to Agreement between the City of Huntington Beach and Norman A. Traub and Associates LLC for Background Services 2.Amendment No. 2 to Agreement between the City of Huntington Beach and Beard Investigative Services LLC for Background Investigative Services City of Huntington Beach Printed on 7/26/2023Page 2 of 2 powered by Legistar™ AMENDMENT NO. 3 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND NORMAN A. TRAUB & ASSOCIATES LLC FOR BACKGROUND SERVICES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter refened to as "City," and NORMAN A. TRAUB & ASSOCIATES, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated November 14, 2020, as amended, entitled "Professional Services Contract Between the City of Huntington Beach and Norman A. Traub & Associates, LLC for Background Services" which agreement shall hereinafter be referred to as the "Original Agreement"; and City and Consultant wish to amend the Original Agreement to increase the amount of compensation to be paid to Consultant, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Consultant an additional sum not to exceed Seventy Five Thousand Dollars ($75,000.00). The additional sum shall be added to the original sum of One Hundred Thirty One Thousand Dollars ($131,000.00), for a new contract amount not to exceed Two Hundred Six Thousand Dollars ($206,000.00). 23-12962/312007 2. TERM The term of the Agreement is extended until June 30, 2024. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized 9fficers on , 2023 . --------- NORMAN A. TRAUS & ASSOCIATES LLC prmlnamc ~ ITS : (circle 011e) Chairman/P1~ice President AND By: ___ ,J_/_/!-___ _ prinl name ITS: (circle one) Secretary/Chief Financial Officer/ Asst. Secretary -Treasurer 23-12962/312007 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Califomia Mayor INITIATED AND APPROVED : Chief of Police APPROVED AS TO FORM: City Attorney llU_, RECEIVE AND FILE: City Clerk Date ------------ 2 2. TERM The term of the Agreement is extended until June 30, 2024. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on _________ , 2023. NORMAN A. TR.AUS & ASSOCIATES LLC By: ____________ _ print name ITS: (circle one) Chairman/President/Vice President AND By: ____________ _ print name ITS: (circle one) Secretary/Chieffinancial Officer/ Asst. Secretary -Treasurer REVIEWED AND APPROVED City Manager 23-12962/3 12007 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor Chief of Police APPROVED AS TO FORM: City Clerk Date ------------ 2 ~ TRAUB-2 ----. ··- ACORD< CERTIFICATE OF LIABILITY INSURANCE I OATE(MMIOONYYY} 1....----' 04/18/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ANO 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 la an ADDITIONAL INSURED, the pollcy(IH) mull have ADDITIONAL INSURED provl1lon1 or be endorud, If SUBROGATION IS WAIVED, subject to the terms and eondlllona of the pollcy, certal~,?:llclu may require an endorHment. A statement on this certmcate does not confer rlahts to the certificate holdar In lieu of such endorsement • • PRODUCER 760-471-7116 l-.Y!'!t~CT Michelle A Nowell Alliance Mgt. & lnturance Serv ~N.fo Ed): 760-471•7116 I F,t,X ffo•:760-471•9378 355 Via Vera Cruz #7 CA A,yenUBroker lie# 0737966 .• 611 .mnowell(ffiamlscorp,com ~f~he1f!cA.•~~!e~f 078 INSU~rn•51 AFfOROING COVERAGE -, 1NsuRERA:Peleus Insurance Comnanv 34118 ~oW~ii A Traub & INSURER&: Assoclalet LLC INSURERC: Brock Avery IN•URERO: 2625 Townsaate Rd #330 Westlake VI age, CA 91361 tNSURERE: INSURERF: COVERAGES CERTIFICATE N''""BEA• REVISIQU THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF AN'f CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAV PERTAIN, THE INSURANCE AFFORDED BV THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS Of SUCH POLICIES. LIMITS SHOWN MAV HAVE BEEN REDUCED BV PAID CLAIMS. ,.. TYPE Of INSURANCE ·" , .. POLICY HUMBER POllCYEFF POLICY EXP LIMITS A ~ COMMERCIAL GENERAL LIABILITY EACtt OCCORRENCE ,. 1,000,000 ~ CLAJMS.IAADE 00 OCCUR X PKV0000417 04(07/2023 04107/2024 DAMAGETORENTEO ,. 100,000 'x Errors & Omission M.EDEXP --one -,. 5,000 ~ ,. 1,000,000 ~ PERSONAl & MN IIOORY ~tll.. AGGREGATE LU,UT APPLIES PER: GENERAL AGGREGATE • 4,000,000 ""-'C' □ ,/'8i □ LOC PRODUCTS· COMP/OP AGG . 1.000,000 -~•ER· . A ~Ot.lOBltE UABJLITY ~~~INEO SINGLE LIMIT . 1,000,000 >JIYAUTO PKV0000417 04107/2023 0410712024 800ltYINJIJRY Pel -. - l/'.Rb'/'01<« ~ llil'W'0 BOOIL Y INJURY 1Pff aco,jen! • K }:i,'\WsOM.v X ~&"mi~ ;&?fER , .vAMAOE . . A Ut.lBREtl..A LIAO ~OCCUR EACH OCCURRENCE • 1,000,000 -X EXCESS UAB ClAJMS·MAOE ·UMV0000558 0410712023 04107/2024 AGGREGATE . 1,000,000 OED I I RETENnoN $ . WORKERS COIUENSATIOH 11:'g~-~-I I 9JH· AHO EMPLOYEAS'llABILITY "" NlY PROPRIETOR/PARTNERl1:XECUTNE □ E L EACH ACClOENT . 8ffi\'ai~M EXCLUOEO? NIA E.L DISEASE· EA EMPLOYEc S ~~~=~PERATIONSbelo'N E.L DISEASE• POI.ICYLIMIT c A Profeulonal Llab PKV0000417 04107/2022 0410712023 Prof Llab 1,000,000 A Cybar IPKV0000417 0410712022 04107/2023 Cybar 300,000 OESCRJPT\ON OF OPERATIONS I LOCATIONS IVEHK:tES jACO!tl> 101, A.ddllonll Remub $d11dula, 111.1)' b• •IIKM<I If IIIOfl IPKI IJ rtqulml) ClfX; of Huntington Beach, Human Resources Department Is named as an ad ltlonal Insured with respect to the work performed by the named Insured. Investigation, CA •· C E MOLDER C ' SHOULD ANY OF THE ABOVE OESCRlBED POLICIES BE CANCELLED BEFORE THE EXPIRATION OATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach PD ACCORDANCE WITH THE POLICY PROVISIONS. Lt Bo Svendsbo 2000 Main Street AUTHORIZEO REPRESENTATIVE Huntington Beach, CA 92648 ~().~ ' ACORD 25 (2016103) © 1988•2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AMENDMENT NO. 2 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND BEARD INVESTIGATIVE SERVICES, LLC FOR BACKGROUND INVESTIGATIVE SERVICES 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 BEARD INVESTIGATION SERVICES, LLC, hereinafter referred to as "CONSUL TANT." WHEREAS, City and Consultant are patties to that certain agreement, dated December 4, 2020, entitled "Professional Services Contract Between the City of Huntington Beach and Beard Investigative Services, LLC" which agreement shall hereinafter be referred to as the "Original Agreement"; and City and Consultant wish to amend the Original Agreement to increase the amount of compensation to be paid to Consultant, NOW, THEREFORE, it is agreed by City and Consultant as follows: I. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Consultant at the rates specified in Exhibit B. City further agrees to pay Consultant an additional sum not to exceed Seventy Five Thousand Dollars ($75,000.00). The additional sum shall be added to the original sum of Eighty Three Thousand ($83,000.00), for a new contract amount not to exceed One Hundred Fifty Eight Thousand Dollars ($ I 58,000.00). 23-12963/3 I 2005 2, TERM The term of the Agreement is extended until June 30, 2024. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on _________ , 2023. BEARD INVESTIGATIVE SERVICES, LLC By:~,1/~~;A~~ print name ITS: (circle one) Chairman/President/Vice President AND By:-----'A/:........:.....#~:// ____ _ print name ITS: (circle one) Secretary/Chief Financial Officer/ Asst. Secretary -Treasurer 23-12963/3 12005 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk INITIATED AND APPROVED: Chief of Police REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: City Attorney ~ 2 2. TERM The term of the Agreement is extended until June 30, 2024. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on _________ ,, 2023. BEARD INVESTIGATIVE SERVICES, LLC By: _____________ _ print name ITS: (circle one) Chairman/President/Vice President AND By: ____________ _ print name ITS: (circle one) Secretary/Chief Financial Officer/ Asst. Secretary -Treasurer 23-12963/312005 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk Chief of Police REVIEWED AND APPROVED: City Manager 2 ________, BEARINV-01 MMELTQ!I; ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYYI ~ 5/31/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFI CATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BYTHEPOLICIES 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 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 cortlflcate holdor In lieu of such endorsemontlsl. PRODUCER !lllHJZ'CT Pa~neWest Insurance -TAG , ritJ8,NJo, EKII: (866) 276-3775 l F,M Nol:(866) 215-5018 14 00 SW Barrows Rd, Ste 202 Boavorton, OR 97007 ~- INSURER/SI AFFORDING COVERAGE NAIC# 1NSURERA ,Scottsdale Insurance Comoanv 41297 IN SURED INSURER e: United Financial C asualtv Comnanv 11770 Board Investigative Services LLC INSURERC: PO Box 60164 INSURERD: Irvine, CA 92602 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLIC IES OF INSURANCE LISTED BELOWHAVEBEENISSUEDTOTHEINSUREDNAMEDABOVE FORTHEPOLICYPERIOD NOlWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OT HER DOCUMENT \MTH RESPECT TO WHICH THIS INDICATED. CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND COND ITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. l~.)l~ TYPE OF INSURANCE ,,.'?.P~ ,~.l!.~!1 POLICY NUMBER POLICYEFF . .P.9LICYEXP LIMITS A X COMMERCIAL GENERAL LIADlllTY EACH OCCURRENCE s 1,000,000 -D CLAIMS-MADE [Kl OCCUR R~~Vl~~J9,!!ENTEO 100,000 X X RBS0194089 1/6/2023 1/6/2024 • MEO EXP t Anu one oorsonl s 6,000 -PER~"NAL & ADV INJURY s 1,000,000 -~'1.AGGRE□E LIMIT APLi5 PER: GENERAL AGGREGATE ~ 2,000,000 POLICY ~t8i LOC PRnot "'TS. COMP/OP AGO ~ 2,000,000 nrnER: ~ B ~TOMOSILE LIABILITY !:,<?_~!~!~~!?.~INGLE LIMIT s 1,000,000 ~ ANY AUTO -X X 06603320-5 3/7/2023 3/7/2024 BODILY INJURY /Per =son! s o-rmso ~ SCHEDULED BODILY INJURY IPer accident• s f-AUT SONLY AUTOS X ~lMPsoNLY _!_ ~8¥oi"mW Ffo?~fJJJ.1~AMAGE s f- ~ -UMBRELLA LIAB HOCCUR EACH OCCURRENCE s EXCESSLIAB CLAIMS·MAOE AGr<REGATE s OED I I RE TENTION s ~ WORKERS COMPENSATION I ~~~TIITI' T l~JH· AND EMPLOYERS' llABILITY YIN ANY PROPRIETOR/PARTNEMXECUTIVE □ NIA E.L. EACH AC"IOE NT • WFICE~II\M~ffi EXCLUOED? Manda ory n I E.l. DISEASE· EA El,IPLOYE1 • ~m~rtri~ i'fdPERATIONS below E.L. DI SEASE· POLICY LIMI T s A E rrors & Omissions X RBS0194089 1/6/2023 1/6/2024 each claim 1,000,000 A Errors & Omissions X RBS0194089 1/6/2023 1/6/2024 aggregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHIClES (ACORD 101, Addlllonal Rem11k1 Schedule, may bo allachtd II moro spaco II required) City of Huntington Beach, It's Officers, employees, agents, volunteers and representatives are addltlonal Insureds per GLS578 Additional Insured on Auto Llablllly per form 1198 (01/04) Attached. Waiver of subrogation attached. Coverage Is Primary and Non Con trlbuto~ M APPR ~~OFOR •AT CERTIFIC E HOLDER City of Huntington Beach 2000 Main St Huntington Beach, CA 92648 ACORD 25 (2016/03) Av: 7~ MICHAEL E, OATES CITV A'l'TORNEV CANCELLA ON \,I I T Ut-11UNT1NO'l'O ... .;.;:; ;_ ,; SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POL ICY PROVISIONS. AUTHORIZ ED REPRESENTATIVE © 1988-2016 ACORD CORPORATION. All rights reserved. T h e ACORD name and l ogo are registered marks of ACORD Underwritten by Scottsdale Insurance Company ENDORSEMENT NO. J ATTACHED TO AND FORMING A PART OF POLICY NUMBER RBS-0194089 ENDORSEMENT EFFECTIVE DATE NAMED INSURED (12:01 A.M. STANDARD TIME) 01/06/2023 BEARD INVESTIGATIVE SERVICES LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED WITH PRIMARY AND NON-CONTRIBUTORY PROVISION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ERRORS AND OMISSIONS COVERAGE PART AGENT NO. 46722 With respect to this endorsement, SECTION II-WHO IS AN INSURED is amended to include as an addi- tional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract, written agreement or written permit, which must be: 1. Currently in effect or becoming effective during the term of the policy; and 2. Executed prior to the "bodily injury," "property damage," "personal and advertising injury" or "damages." The insurance provided to these additional insureds is limited as follows: 1. That person or organization is an additional insured only with respect to liability for "bodily injury," "property damage," "personal and advertising injury" or "damages" caused, in whole or in part, by: a. Your acts, omissions or "error or omission"; or b. The acts, omissions or "error or omission" of those acting on your behalf. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. 2. With respect to the insurance afforded to these additional insureds, the following exclusions are added to SECTION I-COVERAGES, COVERAGE A-BODILY INJURY AND PROPERTY DAM- AGE LIABILITY, Paragraph 2. Exclusions, SECTION I-COVERAGES, COVERAGE B-PER- SONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions of the Commercial General Liability Coverage Part and SECTION I-COVERAGE, Paragraph 2. Exclusions of the Errors And Omissions Coverage Part: a. This insurance does not apply to "bodily injury," "property damage," "personal and advertising injury" or "damages" occurring after: GLS-661-TAG (04-22) (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 Includes copyrighted material of ISO Properties, Inc., with its permission. Copyright, ISO Properties, Inc., 2004 Page 1 of2 U Nationwide' (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. b. Coverage is not provided for "bodily injury," "property damage," "personal and advertising in- jury" or "damages" arising out of the sole negligence of the additional insured. c. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," "personal and advertising injury" or "damages" arising out of an architect's, engi- neer's or surveyor's rendering of or failure to render any professional services including: (1) The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. 3. The limits of insurance applicable to the additional insured are those specified in the written con- tract, written agreement or written permit or in the Declarations for this policy, whichever is less. These limits of insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations for this policy. 4. Any coverage provided hereunder will be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a written contract specifically requires that this insurance be primary, except as provided in Para- graph 6. below. 5. When this insurance is excess, we will have no duty under SECTION I-COVERAGES, COVER- AGE A-BODILY INJURY AND PROPERTY DAMAGE LIABILITY, SECTION I-COVERAGES, COVERAGE B-PERSONAL AND ADVERTISING INJURY LIABILITY of the Commercial Gen- eral Liability Coverage Part and SECTION I-COVERAGE, of the Errors and Omissions Coverage Part to defend the additional insured against any "suit" if any other insurer has a duty to defend the additional insured against that "suit." If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. 6. The following is added to SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS, subsection 4. Other Insurance, Paragraphs a. Primary Insurance and b. Excess Insurance of the Commercial General Liability Coverage Part and SECTION IV-COVERAGE PART CONDI- TIONS, Subsection 4. Other Insurance, Paragraphs a. Primary Insurance and b. Excess Insur- ance of the Errors And Omissions Coverage Part: If you have agreed in a written contract, written agreement or written permit and executed such contract, agreement or permit prior to the time of an "occurrence" or "error or omission" giving rise to a claim/"claim" or "suit" that this policy will be primary or primary and non-contributory and without right of contribution from any insurance in force for the liability in the performance of your ongoing operations for the additional insured(s), then this insurance will be afforded on a primary or primary and non-contributory basis and we will not seek contribution from any other such insurance. AUTHORIZED REPRESENTATIVE DATE GLS-661-TAG (04-22) Includes copyrighted material of ISO Properties, Inc., with its permission. Copyright, ISO Properties, Inc., 2004 Page 2 of 2 0 Nationwide' Underwritten by Scottsdale Insurance Company ENDORSEMENT NO. ____ _ ATTACHED To AND ENDORSEMENT EFFECTIVE DATE FORMING A PART OF NAMED INSURED AGENT NO. POLICY NUMBER {12:01 A.M. STANDARD TIME) RBS-0194089 1/6/2023 Beard Investigative Services LLC 46722 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED AND WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ERRORS AND OMISSIONS COVERAGE PART A. With respect to this endorsement, SECTION II-WHO IS AN INSURED is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract, written agreement or written permit which must be: 1. Currently in effect or becoming effective during the term of the policy; and 2. Executed prior to the "bodily injury," "property damage," "personal and advertising injury" or "damages." B. The insurance provided to these additional insureds is limited as follows: 1. That person or organization is an additional insured only with respect to liability for "bodily injury," "property damage," "personal and advertising injury" or "damages" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. 2. With respect to the insurance afforded to these additional insureds, the following exclusions are added to SECTION I-COVERAGES, paragraph 2. Exclusions: This insurance does not apply to "bodily injury," "property damage," "personal and advertising in- jury" or "damages" occurring after: a. 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 b. 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. 3. The limits of insurance applicable to the additional insured are those specified in the written con- tract, written agreement or written permit or in the Declarations for this policy, whichever is less. GLS-578-TAG (05-21) Includes copyrighted material of ISO Properties, Inc., with ~s permission. CotJyright, ISO Properties, Inc., 2004 Page 1 of 2 .fJi Nationwide' ![__J These limits of insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations for this policy. 4. Coverage is not provided for "bodily injury," "property damage," "personal and advertising injury" or "damages" arising out of the sole negligence of the additional insured. 5. The insurance provided to the additional insured does not apply to "bodily injury," "property dam- age," "personal and advertising injury" or "damages" arising out of an architect's, engineer's or surveyor's rendering of or failure to render any professional services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, re- ports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, inspection, architectural or engineering activities. 6. Any coverage provided hereunder will be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a written contract specifically requires that this insurance be primary. When this insurance is excess, we will have no duty under SECTION I-COVERAGES to defend the additional insured against any "suit" if any other insurer has a duty to defend the additional insured against that "suit." If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. C. With respect to the insurance afforded to these additional insureds, the following is added to paragraph 8. Transfer Of Rights Of Recovery Against Others To Us Condition of the Commercial General Liability Coverage Form and Errors And Omissions Coverage Form: We waive any right of recovery we may have against an additional insured because of any payment we make under this Coverage Part, to whom the insured has waived its right of recovery. Such waiver by us applies only to the extent that the insured has waived its right of recovery against an additional insured prior to loss, but only with respect to liability for "bodily injury," "property damage," "personal and advertising injury" or "damages" 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. AUTHORIZED REPRESENTATIVE Includes copyrighted material of ISO Properties, Inc., with its permission. Copyright, ISO Properties, Inc., 20D4 GLS-578-TAG (05-21) Page 2 of 2 DATE 0 Nationwide' City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-644 MEETING DATE:8/1/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Alvin Papa, Acting Director of Public Works PREPARED BY:Rafael Suarez, Capital Projects Administrator Subject: Accept the lowest responsive and responsible bid and authorize the execution of a construction contract with Excel Paving Inc. for $418,250 for the Flow Line Half Round Drainage Inlet Structures Project, CC1733 Statement of Issue: On June 21, 2023, bids were publicly opened for the Flow Line Half Round Drainage Inlet Structures Project, CC1733. City Council action is requested to award the construction contract to Excel Paving Inc., the lowest responsive and responsible bidder. Financial Impact: The total cost of the project, including 10% contingency, is $480,988. A total of $300,000 is available in the Drainage Fund account 21188007.82500. Staff is requesting an additional appropriation from the Drainage Fund (211) to fund the remaining $180,988. Recommended Action: A) Accept the lowest responsive and responsible bid submitted by Excel Paving Inc. in the amount of $418,250; B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City attorney; and C) Approve the appropriation of $180,988 from the Drainage Fund (211) to account 21188007.82500. Alternative Action(s): Reject all bids, and provide alternate direction to staff. Analysis: The Flow Line Half Round Drainage Inlet Structures Project are curved inlets that facilitate a continuous flow of water runoff by efficiently capturing trash and minimizing the amount of debris that City of Huntington Beach Printed on 7/26/2023Page 1 of 2 powered by Legistar™ File #:23-644 MEETING DATE:8/1/2023 collects around these structures. In doing so, the inlets help prevent flooding and promote effective drainage into flood channels. Improving the City’s existing half-round shaped drainage structures will require installing new metal grates and supporting concrete and asphalt. At this time, there are a total of 384 locations throughout the City, and approximately 80 half round drainage inlet structures have been installed. The proposed project will install an additional 50 structures in the Downtown Huntington Beach area (see Attachment 2 - Location Map). On May 18, 2023, the City issued a bid request for the scope of work. Bids were electronically opened on June 21, 2023 with the following results. BIDDER’S NAME BID AMOUNT Excel Paving Inc.$418,250 GCI Construction Inc.$630,000 The total cost of the project including a 10% contingency and inspection is shown below. Excel Paving, Inc. - Bid $418,250.00 Contingency (10%)$41,825.00 Inspection $20,913.00 Total Construction Cost $480,988.00 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.PowerPoint Presentation 2.Location Map City of Huntington Beach Printed on 7/26/2023Page 2 of 2 powered by Legistar™ Half Round Grate Project (CC-1733) Project Overview August 1, 2023 BACKGROUND There are 384 half round drainage culverts in the downtown area. The existing half round drainage culverts are exposed and frequently filled with debris and litter. To date, 80 locations have been fitted with new half round grates. The project proposes installation of an additional 50 half round grates at key locations identified by Public Works staff. FUNDING/SCHEDULE • The total cost of the project, including contingency is $480,988. A total of $300,000 is available in the Drainage Fund account 21188007.82500. • A request of an appropriation of $180,988 from the Drainage Fund balance to fund the remainder • The project is scheduled to start September 5, 2023 and be completed within 3 months. NEED/WHY/BENEFITS • Reduces debris and litter, improving water quality of storm drain runoff • The new half round grates will make removal of debris and litter easier, increasing staff efficiency Before & After - Orange Avenue @ 17th Street Questions? 1 8 36 1 8 36 60 60 60 18 18 36 17 17 14 5 3 3 5 15 6 5 14 12 27 27 26 33 27 27 30 2332 21 32 27 26 20 32 26 26 32 26 32 24 31 20 48 54 42 54 41 54 45 45 54 48 486684 63 84 96 78 66 3 6 220002100020000190001800017000160001500014000100009000800070006000500040003000136 422 146 173 473 154 126 484 462 242 253152 485 156153 447 174 486 425 427 155 421 452 264 442 426424 443 138 293 164163 273176 327 166 187 463 198 291 292 437 167 283 454 148 444 413 446 149 271177 434 445 433 423329 158 455 159 281 199 453 435 251 272 189 168 465 456 165 262 466 475 261 179 252 178 476 169 464 474 319 436 232 282 411 328 188 241 263 338 412 339 318 349 128 157 451 441 432 147 139137127 431 116 118117 477467186 457337 151 461 495 197 496472 359 348 428438185 162 175 Edison High School Golden West College Marina High Ocean View High Pegasus HopeView Mesa View SpringView LakeView CollegeView Ada E. Clegg/Helen Stacey Village View John R.Peterson MarineView Circle View GoldenView Samuel E.Talbert Agnes L.Smith John H.Eader IsojiroOka CardenConservatory S.A.Moffett BrethrenChristianHigh William T.Newland St. Bon-aventure Sts. Simon& Jude Seacliff CoastlineChristian RedeemerLutheran Kinder Care Warner ChristianAcademy Lamp & Light Christian HebrewAcademy OceanViewSchoolDistrictEducationCenter Ralph E.Hawes Isaac L.SowersMiddle HuntingtonChristianChurchSchool Huntington BeachHigh School Harbour View Bright StarLearningCenter HeritageMontessori FirstChristian La PetiteAcademy Patti's Preschool& Kindergarten GraceLutheran C. FredSchroeder Sun View Oak View HB AdultSchool/Coast HighSchool Ocean ViewPreparatoryPreschool HB UnionHigh SchoolDistrict Office Surf CityChristianPreschool DwyerMiddle School Marley'sPreschool KineticAcademy LibertyChristianSchool LePortEducationalCenter PreschoolAcademy Irby Bartlett Edison Huntington Central West Huntington Central East SportsComplex Shipley NatureCenter Helme Pattinson Well Farquhar Pleasant View GoldenView MarineViewClegg-Stacey BushardConradLarkViewHarbour ViewBolsa View Greer Orange CountyRegionalSeabridge Moffett ArevalosGlen ViewHope ViewFinley Robinwood Bluff TopWieder Drew LakeView Edison Bluff Top Gisler Greer Marina Terry Lake TalbertLangenbeck EaderHawes BurkeNewlandPerry SowersBaca SunView Manning Schroeder HavenView Green CollegeView Bailey CircleView McCallen OakView Lamb Wardlow SeeleyCarr Banning/Magnolia Bauer Worthy Prince Trinidad French Humboldt Beach Davenport BeachBooster Tarbox 11th Street Beach Murdy Gibbs LambertTriangle Discovery LeBardBoardwalkParksideSunset Beach Linear Franklin PacificCity 17thStreet Meadowlark Golf Course Huntington Club HeilF.S. #8 WarnerF.S. #7 LakeF.S. #5 MurdyF.S. #2 EdwardsF.S. #6 Gothard F.S. #1 BushardF.S. #3 MagnoliaF.S. # 4 Bella TerraSubstation HBPD Oak ViewSubstation SouthSubstation HeliportSubstation Pacific CitySubstationKristopher Ln.Julip Ln.Drey Ln.W hitford Ln.Padua Dr.Bolton Cir.OldglenLn.Lancefield Dr. Terrier Dr. Pinon Dr. FenleyDr.Still Harbor Ln.Foxshield Dr. Armada Dr. Fallingwater Dr. Vatcher Dr.PepperLn.Balmoral Dr.San Roque Ln.Vista Del Sol Dr. Via Carona Dr.AltamiranoLn.QuintanaLn.Salamanca Ln.Mira El Rio Ln.B el lfie ld Ln.FossLn.KenwickCir. JudwickCir. Irongate Cir. JasonwoodDr.IvorycrestLn.LeafCir.Lakepoint Ln.Glenfox Dr. Betty Dr.Mill Cir.Lee Cir.OakLn.Queens Ln.Koledo Ln.Keelson Ln.WrenfieldDr. Kiser Dr. WintergreenDr.Mona Ln.Mariposa Dr. El Cortijo Dr.SpringdaleSt.GeorgetownLn.JamestownLn.SampsonLn.G riffinLn.Metzler Ln.Belva Dr.Baron Cir.NewmanAve.Newman Ave. Noble Cir.Jefferson Ln.Jefferson Ln.CrabbLn.MorganLn.Friesland Dr. Guilders Dr.Marken Ln.Meer Cir.Waal Cir.Valencia Dr. Amsterdam Dr.Kampen Ln.Edam Cir. Polder Cir.Marseille Dr. El Dorado Dr.Rogers Dr.Remington Ln.Tiara Dr. St Paul Cir.Leslie Ln.James Cir.King Cir. BrannenDr.TiffanyCir.Curtis Cir.LiegeDr.Kenilworth Dr.TreehavenLn.Pinehurst Ln.A p elLn.Wild Rose Ln.ForbesLn.ChapparalLn.Breda Ln.Almelo Ln.Nordina Dr. Price Dr. Moss Dr.Serene Dr. Lourdes Dr. Raphael Dr.FalkirkLn.BanktonDr.Santana Cir. Forelle Dr.Patterson Ln.WoodlandsDr.IronwoodLn.G le n fa lls D r .Q u ie tB ayLn.Demion Ln.CrimsonCir.GregoryLn.WorchesterLn.Weymouth Ln.Hayes Cir. Tyler Cir. Polk Cir.Wenlock Cir. Wave Cir. KeelDr. Topside Cir. NaplesDr. Acapulco Cir. Lanark Cir. Lauder Cir. Elgin Cir. Luss Dr. Lorraine Dr. Palermo Dr. Bayonne Dr.Hopebay Ln.Su n coralDr.Rockcrest Ln.Cliffside Dr.Northstar Ln.Crescent Dr. Seaspray Dr.Sailwind Ln.Baywood Dr. HydeParkDr.Randi Ln.Brabham Dr. Krepp Dr.Jerrilyn Ln.Cindy Ln.Steven Ln.Waterbury Ln.Joice Ln.Grand Dr.Lola Ln.Weakfish Ln.Stingray Ln.Carp Cir.Flounder Dr. Pollack Dr. Sailfish Dr. Tarpon Dr.Walleye Ln.KukuiDr. Pua Dr. MaikaiDr. Kaimu Dr.Tonga Ln.Papua Ln.Moorea Ln.KamuelaDr.Olana Ln.Halawa Dr.Pitcairn Ln.Samoa Dr. Tana Dr.Fiji Ln.Tobago Ln.Christmas Dr. ScribeDr. CadeCir. E lmcrestLn.BowmanLn.Ditmar Ln.Rumford Ln.Dallas Cir. Ivy Cir. 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Dohrn Cir.Sunflower Ln.Dawson Ln.Glen Dr.OakshireSweetbriar Ln.Sylvia Dr. Fo untainLn.Ross Ln.RoyalDr. Saru Cir.Minoru Ln.Robidoux Dr. Juliette Low Dr.Ln.MillpondDr.Ln.EastlakeWoodlake WestwoodWashington Ln.Northlake Dr.LyndonBelsitoDr.CypressEmeraldLn.Koledo Ln.Zeider Ln.Ln.Ln.CarranzaLn.Villa Nueva Dr.San DovalSanLeandroLn.Freshwater Cir.L akev ie w D r.Central Park Dr.SherwoodDr.ChapelLn.GraziadioDr.Main St.11thS t. CrestA v e.WhitesandsDr.JayCir. Utica Ave.Cir.CongressDeauvilleDr.Sherborne Ln.Capitol Cir.BridgewayLn.Lookout Ln.ColdwaterLn.Dolphin Dr.Topeka Ln.Pierre Dr.Shangri La Dr. Shalom Dr.Ln.ElmsfordVerda nt Dr. Smokey Cir.QueensParkLn.Levee Dr. Cir. CastlegateDr.Titan Ln.ScougallCir. PaddockCir.Cir.HarpoonCenterstone BluffsideFarnsworth Ln.Cir. Sail Cir. Cir. Cir. 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Seaworthy Dr. Estate Pearce Dr. Overland Dr.Meadow Cir.PlazaLn.PlazaLn.Westfield Ln.Chadwick Dr. BrightfieldCir. 71.Ln.Maywood68.69.BrighamLn.70. 72. DovertonDr.Rosecrest Dr. W anderlyLn.73.CharlottaDr. Dr.Haviland HarvestFoxglove Dr.Ln.Acorn Dr.74.75.Pembrook Ln.Wishfield Cir. Summ i tDr.76.77. 81.83.86. 87.88.89.90.88.84.86. 78.79. 85.82.80.Mystic Ln.Beachview Dr. FeatherDr.Scallop Ln.Catt ailCir.Silent BayCir.Sand Dune Ln.Azure L n .Meridian Dr. SilentHarborDr. Blue Heron Dr. Ocean Point Dr.Ct.Timber Cir.IslandPearlShelter Cove Cir.BarracudaLn.HideawayCir.Ln.Dr.SkipjackDr.Florida St.Chand onLn.76. Nestucca Ct.77. Depoe Ct.78. Toledo Ct.79. Coos Ct.TidalviewLn.Wellfleet Dr. Ashville Dr. Coveview Dr. Cir. OceanknollDr. LongpointDr.OrleansDr. EdgartownDr.Brightwater Dr. BrightwaterDr.Oc eanridge Dr. Ocea n rid g e D r.WentworthHillsideWinthrop Dr. Marlin St. Love St. Pike St. Trout St. MuirfieldCir. Lakefront Cir. ScenicBayDr. 82. Oceanspray Ln.83. Seahaven Dr.84. Fanshell Ln.85. Reedsport Ct.86. Trestles Ct.87. Rincon Ct.88. Suntide Dr.89. Brookings Ct.90. Scripts Ct.CrystalaireLn.Arcadia Dr. Ainsley Dr. 68. Danville Dr.69. Tremaine Dr.70. Newfield Cir.71. Heatherly Dr.72. Granville Dr.73. Ashwood Ln.74. Clovergreen Ln.75. Primrose Ln.Ln.AmaliaLn.Old Pirate Dr.Stewart Ln.Monterey Ln.3. Pescado Ln. 1. Olas Dr. Island- Evening-songDr.Coolwater Ln.Stewart Ln.Kiner Dr.Wharton Ln.Kiner Dr.Hartlund Ln.Dr. Hillhead Dr.Seastar Dr.ClearviewLn.Holt Dr. Aldrich Dr. Stark Dr. Glencoe Dr. Sterling Dr.Gleada Ln.grove Cir.Ocean-18th St.McKinneyCir. Meadow Crest Dr.Green Ln.Dr. Sycamore Dr. Dr.Palmdale Ln.Cain Dr. Cedar Dr. Alhambra Dr.A Ln.B Ln.Ash Ln.Ln.Ln.Liberty Dr. Dunbar Dr. Orion Dr.Sims Ln.Ernest Dr. Rockpoint Dr.Oce anp ortLn.Kipahulu Ln.Edison Dr.S. New BritainLn.17th St.Williams Dr. Owen Dr. Pearce Dr. McCarthy Dr.Elm Ln.Ronald Dr. Speer Dr.Cameron Ln.Van Buren Ln.A Ln.Lynn Ln.McKinley Ln.view Cir. Dr. Dory Dr. Cove Dr.McLaren Ln.Milo Dr.Hoskins Ln.Lynn Ln.Sims Ln.Blanton Ln.Bonita Bluejay Cir. Kaui Dr.DoloresLn.GreenLn.Cir.Milo Dr. Skylab Rd. Stanley Ln.Ln.Dr. Cypress Dr. Dr.Sur f waveDr.NicholsLn.B Ln.MacDonald Dr. Dr. Kearny Dr.De s mon dDr.Bristol Ln.TidalridgeLn.Wareh amLn. Mirage Dr. TerranovaCir. Astronautics Ln.Delta Ln.Astronautics Ln.Chatham Ln.BrewsterLn.ChillmarkOakbluffsLn.FordhamLn.GreatpointCir.SagatuckLn.Ln.S u ffo lkLn.OstervilleLn.KennebunkLn.Seabu r y R o y c e L n. Sandstone Cir. 92. Baeza Cir.91. Alanis Cir.91.92.93.94.95.96.99. 100. 101.97.98.102.103.104.105.106.107.Morabito Dr. Lorenzo Dr. 93. Ronda Cir.94. Elda Cir.95. Prado Cir.96. Lorca Cir.97. Balerma Ln.98. Alcazar Ln.99. Aldea Cir.100. Ubeda Cir. MarisaDr. Daisy Cir.Nea rgateDr.Barclay Ln.6 th S t. Dr.Abalone Ln.Jalm Dr.PhillipsParkQuietSandra Lee Ln.BrookLn.Cove Cir.VillaLn.VistaBahiaDr.ViaVistaCir.Cir.De AnzaCir.Canada Ln.Calle Parque Dr.CalleCastorDelOro Cir.PocoCir.Cir.La Bonita Ln.St.SeaWayCir.St.Pacific Huntin g t onVill ageLn.Riverben d Dr.Quart e r hor s eLn.AndaluciaLn.PacificPointeDr. S eabourneDr.SinclairLn.Le Grande Ln.LaPacific Ave.Surfsi de Ave. Preakness Dr.Barw o od Dr.Wavecrest Cir.Summerwind Ln.Ln.SnapperHolland Dr.Rushmoor Ln.Manorfield Dr. Bershire Dr. Woodwind Dr.Pecan Ave.Dr.RainglenLn. Gardenia ShadyGlen Cir. PresidenteDr. MastDr. OronsayCir. SteeplechaseCir. MauretaniaCir. Indian WellsCir. Mari-gayleCir. TortugaDr.CaminoVineland Dr.FlintridgeLn.HigginsCir.WheelerCir.CottonwoodCir.PollardLn.Vista RomaValleyCir.BrookshireLn.WhitewaterVia EspanaLn.ArrowheadDr.Ln. Cabana Dr. Cape C oralLn. Cape Hope UticaAve. Springfield Ave.Easy Ln.Grebe Ln.101. Osuna Cir.102. Vera Cir.103. Armilla Cir.104. Estepa Cir.105. Cieza Cir.106. Veleta Cir.107. Twin DolphinDr. 44. Whitestone Dr.45. Attleboro Cir.46. Windchild Ln.47. Cape Horn Dr.48. Galley Dr.49. Gypsy Moth Ln.50. Crew Dr.51. Creedmoor Dr.52. Weathersfield Ln.53. Longmeadow Dr.54. Bushwick Dr.Abigail Ln.SavannahRebeccaKendall Dr.Sage Dr. Noelle Dr. Hibiscus Cir.EleanorLn.Ln.Ln.KennedyLn.HayleyKateAveryLn.Ln.Ln.Rancho Rd.Heil Ave.Heil Ave.ParkAve.26th St.N. Pacific Ave. S. P acific Ave. Bayvie w Dr. (S unset)Broadway(Sunset)Anderson25th S t.24th St.23rd St.22nd St.21st St.20th St.19th St.18th St.17th St.16th St.15th St.14th St.CanalW ay12th St.11th St.10th St.9th St.8th St.7th St.6th St.5th St.4th St.3rd St.2nd St.Grunion108.109.110.111.112.113.114.115.108. Ridge Glen Dr. WildwoodCir. Dr. 109. Mission Glen Ct.110. Garden Glen Ct.111. Fountain Glen Dr.AngelfishLn.112. Harbor Glen Dr.113. Willow Glen Ct.114. Terrace Glen Ln.115. Village Glen Ln. PacificViewAve.Roxbury Ln.Lake St.Goldenwest St.Lake St.Paschalls Ln.Fortuna Ln.Thompson Dr.Lamb Ln.SnowdonLn.Hansen Ln.Patch Dr. Pioneer Dr. Sheridan Dr. Landers Dr.Slayback Ln.Wardlow Ln.Rustler Ct. Pacific CityCir. Moonstone Ct. Marina Viking Way 6. Brookwood Dr.7. Creek Ln.8. Park Forest Dr.9. Park Crest Ln.FivePoints Beachmont G o ld e n ro d C ir.Eucal ypt usLn.BurrowsLn .Juniper Ln . Rivergate Dr.Cobblest oneLn. S h o re b ird D r.Napili Ln.Kohala Ln.Kailua Ln.Poipu Ln.Waimea Dr.Makaha Ln.Haiku Ln.L a h a in a D r.L ig h tb ree z e Cir.ShorelineLn.RivieraDr.Windchime Dr.Windbourne Dr.Windfall Ln.116. Azul Ln.117. Bluewave Ct.118. Crystal Dr.119. Lisamarie Ct.120. Richard Ct. Kelter Dr.119. 120.Luna Dr.Alexa Ln.Cole Ln.Berry Ct. Bret Ct. Rosemarie Dr.Eric Ct.Max Ct.M e ronaDr.Allegra Ln.Jordyn Ct.117.116.118.Brynn Ct.125.124. 122.121.123.Holly Ln.Thistle Ct.Holly Ln.Azalea Ct.Seaspring Dr.Clay Ave. 121. Beachbreak Dr.122. Whitewave Dr.123. Salthouse Ln.124. Highwater Dr.125. Tideline Ct. ClearharborDr.SafeharborLn.Nomad Cir. Rainbow Cir. LowtideCir.Flagship Cir.Sloop Cir.Delta Ln.Bolsa Ave. Indianapolis Ave.Indianapolis Ave.BrookhurstSt.Bushard St.BrookhurstSt.Edinger Ave. T a lb e rt Ave. GarfieldAve.MagnoliaSt.Newland St.Beach Blvd.Palm Ave. Yorktown Ave.SeapointS t.Delaware St.Slater Ave.GrahamSt.McFadden Ave. Edinger Ave. Heil Ave. Warner Ave. Adams Ave.NewlandSt.BeachBlvd.Atlanta Ave.BeachBlvd.Gothard St.Lake St.Goldenwest St.Palm Ave.Springdale St.Springdale St.Graham St.Argosy Ave.Graham St.P acific C oast H w y.Edwards St.Warner Ave. Center Ave.MagnoliaSt.Lake St.Rancho Rd.Pacific Coast Hwy.Newland St.Newland St.Edinger Ave. McFadden Ave.Bolsa Ave.SaybrookLn.Edinger Ave.BeachBlvd.McFadden Ave. Adams Ave. P acific C oast Hwy. P a cific C o a st H w y. Garfield Ave.EdwardsSt.Atlanta Ave.Main St.Delaware St.Orange Ave.17th St.Talbert Ave.BushardSt.Adams Ave. Warner Ave. Heil Ave.Bolsa Chica St.Gothard St.GoldenwestSt.Slater Ave. Ellis Ave. Banning Ave.Algonquin St.Heil Ave. M ain St.Pacific Coast Hwy. 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Information Services Department HB GISAugust 2022 CC1733 HALF ROUND PROJECT LOCATION DOWNTOWN AREA City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-621 MEETING DATE:8/1/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Alvin Papa, Acting Director of Public Works PREPARED BY:John Dettle, Associate Civil Engineer Subject: Award and authorize the execution of a construction contract with Mehta Mechanical Company, Inc., in the amount of $4,134,200 for the Humboldt Sewer Lift Station Replacement Project, CC-1634 Statement of Issue: On July 6,2023,bids were received electronically for the Humboldt Sewer Lift Station Replacement Project,CC-1634.City Council action is requested to award the construction contract to Mehta Mechanical Company, Inc., the lowest responsive and responsible bidder. Financial Impact: Total funds for the project,including contingency and supplemental expenses,are estimated at $4,932,620.Funds for the project are available in Sewer Service Fund account 51189017.82600 ($3,345,118)and from Sewer Development Fee Fund account 21089019.82600 ($700,000).Staff requests an additional appropriation of $887,502 from the Sewer Service Fund (511) for the balance. Recommended Action: A)Accept the lowest responsive and responsible bid submitted by Mehta Mechanical Company, Inc., in the amount of $4,134,200; and, B)Appropriate $887,502 from the undesignated Sewer Service fund balance to 51189017.82600; and, C) 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, and re-advertise for new construction bids. Due to current construction inflation rates, there is the possibility that returning bids may be higher than Mehta Mechanical Company, Inc.’s bid proposal. City of Huntington Beach Printed on 7/26/2023Page 1 of 3 powered by Legistar™ File #:23-621 MEETING DATE:8/1/2023 Analysis: Public Works Engineering and Utilities Divisions are proposing to remove and replace the existing Humboldt Sewer Lift Station due to its age and insufficient wet well capacity.It is located at the southeast corner of Humboldt Drive and Wayfarer Lane,approximately 10 feet west from Humboldt Bridge,and was constructed in 1967.The sewer lift station has reached its useful life expectancy and the existing concrete box structure is experiencing structural failures due to immersion in high chloride groundwater environment. The new lift station will predominately be underground vaults that store and pump sanitary sewage to a higher elevation.The new station and pipeline will convey sewage into the City’s gravity system along Humboldt Drive;and ultimately into an Orange County Sanitation District trunk main.The only above ground features will be a transformer and the electrical control cabinets. The bids were received electronically on July 6, 2023. The verified bid amounts are listed below: Bidding Contractor Bid Amount Submitted Mehta Mechanical Company, Inc.$4,134,200 Vido Artukovich & Son Inc./Vidmar Inc. A JV $4,854,500 Nationwide Contracting Services, Inc.$4,864,500 The apparent lowest bid was submitted by Mehta Mechanical Company,Inc.dba MMC.MMC has successfully completed the Saybrook Lift Station,Slater Lift Station and Edgewater Lift Station for the City of Huntington Beach,and staff has been satisfied with their work.Staff is recommending award of the construction contract to Mehta Mechanical Company,Inc.,dba MMC for the amount of $4,134,200. The total estimated construction cost is $4,932,620,which includes the construction contract amount, a 10%contingency and supplemental expenses,including contracted construction inspection and soils and materials testing. MMC, Inc. - Bid $4,134,200.00 10% Contingency $413,420.00 Material Testing $50,000.00 Contracted Inspection $300,000.00 Electrical Testing $35,000.00 Total Construction Costs $4,932,620.00 Funds for the project are available in Sewer Service Fund account 51189017.82600 ($3,345,118)and from Sewer Development Fee Fund account 21089019.82600 ($700,000).However,staff requests an additional appropriation of $887,502 from the Sewer Service Fund (511) for the balance. City of Huntington Beach Printed on 7/26/2023Page 2 of 3 powered by Legistar™ File #:23-621 MEETING DATE:8/1/2023 Environmental Status: The project is categorically exempt pursuant to Section 15304 of California Environmental Quality Act. Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1.Location Map 2.PowerPoint Presentation for Humboldt Lift Station Replacement Project, CC1634 City of Huntington Beach Printed on 7/26/2023Page 3 of 3 powered by Legistar™ 8 ►-~I~ ~ ::c::c ► C ::oz aJ ::I Oz CG') ::0-1 ~ HARBOUR LN ► ri ,QUIN ST 0 ► s: C/) FOREST HILLS LN ~ ~ ► :ii!! 0 0 ~ -z---------!ii ~ ~ 0 ~ SANTA BARBARA LN SANTA CRUZ LN S,i,v • ,v~ ..... ~ PALOS MIGUEL LN SAN JUAN Ui FANTASIA LN ::0 :i: ► " C/) g -< 0 ~ i:::: z C iii 0 ~ Humboldt Lift Station Replacement CC-1634 August 1, 2023 BACKGROUND AND PROJECT SCOPE The Public Works Department’s Engineering and Utilities Divisions are proposing to replace the existing Humboldt Sewer Lift Station due to age and insufficient wet well capacity. It is located on Humboldt Island at the southeast corner of Humboldt Drive and Wayfarer Lane. Constructed in 1967, the sewer lift station has reached its useful life and the existing concrete structure is failing. The new lift station will predominately be underground with only the electrical and control cabinets above ground. VICINITY MAP - HUMBOLDT ISLAND i I VICINrTY MAP N.T.S. PROJECT LAYOUT PROJECT BENEFITS • Provides facility with 50 years of useful life. • Prevents sewer lift station failure and resulting Sanitary Sewer Overflow into Huntington Harbor. • Enlarged wet well provides more response time to bring out generators during electrical black outs. • System will be airtight with no sewer odors. PROJECT OVERVIEW •Construction Bids Received July 6, 2023 •Current Budget (Sewer Funds)$4,045,118 •Request Award to Lowest Bidder Mehta Mechanical Company, Inc. dba MMC •Low Bid $4,134,200 •Total Project Cost (With Inspection)$4,932,620 •Recommended Action: Accept the lowest responsive bid and authorize execution of construction contract with MMC and appropriate $887,502. •Alternative Recommendation: Reject Bid •Construction Start: October 2023 •Construction Duration: 12-13 months Questions? City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-608 MEETING DATE:8/1/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Alvin Papa, Acting Director of Public Works PREPARED BY:John Dettle, Associate Civil Engineer Subject: Accept the lowest responsive and responsible bid and authorize execution of a construction contract with Sancon Technologies, Inc. in the amount of $1,318,770 for the Fiscal Year 22/23 Sewer Lining Project, CC-1728 Statement of Issue: On June 29, 2023, the City received bids for the Fiscal Year 22/23 Sewer Lining Project. City Council action is requested to award the construction contract for $1,318,770 to Sancon Technologies, Inc., the lowest responsive and responsible bidder. Financial Impact: Total construction cost for the project,including 10%contingency and inspection,is $1,500,647. Funds are available in the current fiscal year budget in the Sewer Fund account 51189002.82600. Recommended Action: A) Accept the lowest responsive and responsible bid submitted by Sancon Technologies, Inc. in the amount of $1,318,770.00;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 Engineering and Utilities Divisions identified the need for rehabilitation of existing sewer pipes based on maintenance history and video inspection.The scope of work for the project includes lining approximately 26,349 lineal feet of aged sewer main lines identified as a priority this year.The City of Huntington Beach Printed on 7/26/2023Page 1 of 2 powered by Legistar™ File #:23-608 MEETING DATE:8/1/2023 approximately 26,349 lineal feet of aged sewer main lines identified as a priority this year.The locations would benefit from lining as the existing pipes have either calcium deposits from groundwater seepage through minor cracks and joints,or have joints offset by tree roots from adjacent mature trees located on parkways.These calcium deposits and roots inhibit sewage flow and will be removed prior to lining.Lining of the pipes is a trenchless operation performed by inserting a cured in place liner inside the existing pipe to form a replacement pipe.The project also rehabilitates 84 manholes. The proposed work will increase the structural strength of the sewers and extend the life of the sewer lines for an additional 20 years.Furthermore,the improvements will help prevent sanitary sewer overflows. Bids were received electronically on June 29, 2023, with the following results: BIDDER’S NAME BID AMOUNT SUBMITTED Sancon Technologies, Inc.$1,318,770.00 Nuline Technologies, LLC $1,735,877.50 Insituform Technologies, Inc.$1,843,546.50 Staff recommends awarding a contract to Sancon Technologies, Inc. in the amount of $1,318,770 . Sancon Technologies, Inc. has provided sewer lining construction for the City for the Fiscal Year 19/20, 20/21 and 21/22 Sewer Lining projects. The total project cost is estimated to be $1,434,710, which includes the construction contract, inspection, and 10% construction contingency. Sancon Technologies, Inc. - Bid $1,318,770.00 10% Contingency $131,877.00 Inspection $50,000.00 Total Construction Costs $1,500,647.00 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.Vicinity Maps 2.PowerPoint Presentation City of Huntington Beach Printed on 7/26/2023Page 2 of 2 powered by Legistar™ FY 2022-23 SEWER LINING PROJECT LOCATION MAP PROJECT LOCATION SEWtR LINING LOCATIONS INQJJOE REPORTING DISTRICTS (RD)138,139,149.167.434,443, 456. 46fb =~ ~ ~! : ~~~; t~ ::: ~; :;i t~ ~ f'.¾ \1 :~ e_.,-1- R □ 149 ~ 3188 LF 8" S/ 17 MH RD 167 .. 704 LF 8" S RO 434 ,.7154 LF/8" S/39 MH RD443 1:1425 LF 8" S RD 458 : 5880 LF 8" SI 2557 LF 12" SI 1278 LF 15" SI 8 MH RD468 : 1307 LF 15" S/1 MH WzEt:!D. --RD BOUNDARY FY 2022/23 SEWER LI NING PROJ ECT CC -1728 PROJ ECT LOCA TI ON MAP CITY OF HUN TI NGTON B EAC H DEPAR TMENT OF PUB LI C WOR KS I NTS ~ ~ 1 OF 1 FY 2022/23 SEWER LINING PROJECT LOCATION MAP RD 138 ii •1~1 ... •~M w, ~le> 15'(•1~ o,. ,, ( \(JII i11, /(¥1" ( hU'11/( / SEWER8CiNEs TO REHABILITATE: 1224 Lf88" VC P, 659 LF 12" VCP Or. I .:t."... -•!!; '"' . ,. '"' .... ~ !:'! ur•,! i ~:r~o miJ C.Fr~SchrOl!de-r ~ •:~ ~ 2·~ "! ,,.,. ··- .!1.". -.;~ o,. i!~~tge~ •1!27 5 /· ,-.e,-.-... -~ i •~ Cir. )lift -• ,_,.., .. ~~ ..... -,...'I',,~~ ........... ,..._ .. ve '.~~ •=:.~;~,'~;;i'"•j • ~.~ -,,:,:,".,,,, ,~!°.!..,, Sewer Facilities Ci,y of H11 111i11gto11 Beach My.!019 Sewer Lin es -c,,,s.-i... _,..,..S.--1- Sewer Enrltles c.y,..,..o..r.yo,,.- 0 0 0 0 ' -""""' • ~ ■ • fll;v /C., 0 0 0 D IASI-. • 0-•• ~ ~ ; " -. -.... ·--ICPI ...... T .. S--J -:!3 ::...-0..,,,7, .. ,_ ...... -P;ri.o /GolC--..... • c,,,r--. -Ott~ Vicinity )lap 127 128 - 137 138 ) ~-- 147 f 148 139 149 Reporting District 138 FY 2022/23 SEWER LINING PROJECT LOCATION MAP RD 139 S ew er Faciliti es City of Huntington Beach i.iy:-01, Sewer Lines --~---~--c...rt a-c.oa- Cl•G.all- "ll•~- >O'l!·-0.-,.,W~ ~===-~:::!..,<»1~ Sewer I:oriries c.,.-oa.,.er. • 0 0 0 """"' . 0 . ~ • 128 . . . 0 0 " ♦ . . ~ " -~-lt'l--•-l 123 1,a,--•,. \ lcil.1il"· :\lap - 138 J 139 I ..,_ 148 149 24 1 Rep ortin g Di stric t 13 9 FY 2022/23 SEWER LINING PROJECT LOCATION MAP RD 149 ,n, ·~ I 1906 M~t:Ck\tc1, •! •, .. .;.;. .... -~ni ..5 "" ... 18'11 .J!'!. o,. Cork er • .,!~ !Jlft ,·• ·-· .. Edinger , .. -... ... 20,~ •· Ave. •' =-:tl .:~~ -~ .. Montenori -... ' ' ····•96! -;-2:-m~ ;j ..... -, ... -1"(<>,..,.--,,~~- • ! Sew er Facilities Ci1y of H11111i11g1011 Beach Mf?OIP ,. - -- -Oli)-S...LN -Pff;-.S.-1.N -~S.-LN -Ot...S.-Lnt .... -, si-s1op .. lL.-.!OOOl•O.n,) f We r Enlilies Coy -c..-,01,or 0 0 0 0 ~ : ~ ~ : ~ . ,;, .. ~ . ,_ -~ .=.-... 138 ·--jCPI-TMI-) ♦:!3 :::"'C)opl,~111 Viclnll ,•i\l a p 139 -·- 148 ! 149 ) ·- 24 ; ' 158 159 25 ( Reportin g Di s trict 149 FY 2022/23 SEWER LINING PROJECT LOCATION MAPS RD 167 Meadowlark Golf Course Trophy -.. :.:..; Donlyn o r. 1 .1 ~»": 1 "lls"I'_ .ml_ llDU _ •ml i' ~ Olldred Ctr. ~JQ:5-, lflll _ •'YQI-!1U -:.:i -! "·! ,r: ~>' Dr:-~:-,.:!,_.'~ -',:. Sewer Facilities City of H1m1i11g 1on Beach ....,.!Cll t ... .. - - Se-we r Llnl"s s.. -"''-"'- -0.,-uM -:::::: r~~~ ffl .r-.-- lD'l'-1¥10-.,~ ~=S:-~:r::::...~(11\>o) St'wer [ntilll'S Otr-C....,01... e O O 0 156 166 176 ~ ~Cl ■= .. -,_ -. -·--P''--~ -::3 _, __ Vklnlly '.\l ap 157 158 - 167 ' 168 l . ··- 177 178 Reporting Di strict 167 FY 2022/23 SEWER LINING PROJECT LOCATION MAPS RD 434 ..,.,. ,._,_ -·--•i:a ':.r Sewer Facilities City of Huntington B each "'1)-:01' SewerLine,s an: ~.u. .. -. ~;:::-e:---::~--•. ,_, ... ""_ --... ~~ ~-===-::::,o.,~ .._ -•u-..~-c.:•1 Sewer Entities e-.,-~c.... • ,0 0 • . . D ♦ ~ • : 0 ♦ ~ " -~-P l -llt«I IIMo,,o) 12srra,,..,_ •,. -_,ao,ou.... \ 1dni~· :\lap 423 424 - 433 J 434 ! - 443 444 425 435 445 R~po1 ·tiug District 434 FY 2022/23 SEWER LINING PROJECT LOCATION MAPS RD 443 ] Sew er Facilitie s City of Hunri,igton Beach Wy~lt Stwe rLiue.s i: 2 433 434 - ~· 2 1 443 444 I! ! I' ~lp2 453 454 Reporting District 443 FY 2022/23 SEWER LINING PROJECT LOCATION MAPS RD 456 Sewer Facilities City of Hu11rtngto11 Beach Jalyll!t Sewer Lines Sewer [uriries Ct, -C,aft:f'Orw • 0 • . ...... ■ ,> •• ~I C. C O 0 .,__, . ~ . -~-~,--llal-> ,n~-.-•,n -°"""""Mi \ i cinifY :\fop 445 446 447 -~ 455 j 456 ' i 4! 465 466 461 - Reporting District 456 FY 2022/23 SEWER LINING PROJECT LOCATION MAP RD 466 Sewer Facilities City of Huntington Beach 1111y:'01' Sewer Lines r~ee::---"'·~-->O"I-.. ~~ :'i:S:-::=::=..0:-,~ Sewer [nriries e-, -e--,cw- • o o • --...... ■ II ■ ■ "'I C. 0 0 0 0 IA__, • ,0 ♦ • \icini rv:\fap 455 456 '-·-·· ' 4; 465 J 466 46; --~ 475 476/ 477 Reporting Di.st rict 466 FY 2022/23 Sewer Lining Project August 1, 2023 BACKGROUND AND PROJECT SCOPE The Engineering and Utilities Divisions identified the need for rehabilitation of existing sewer pipes based on maintenance history and video inspections. The scope of work for the project includes lining approximately 26,349 lineal feet of aged sewer main lines identified as a priority this year and 84 manholes. The locations have calcium deposits from groundwater seepage or joints offset by tree roots. The calcium deposits and roots inhibit sewage flow and will be removed prior to lining. Lining of the pipes is a trenchless operation performed by inserting a liner inside the existing pipe to form a replacement pipe. FY 2022-23 SEWER LINING PROJECT LOCATION MAP <) ~ l--~l-----l'=--f-=-1----,J-.'~ PROJECT LOCATI ON SEWER UNING LOCATlONS INCLUDE REPORTING D1STRIcrs (RD) 138,139,149.167. 434,443. 456. 46fb ~g ~:: ~~; t~ ::: ~:;;it~ g::~,11:~ ~..,1' RO 149 ~ 3188 LF 8" S/ 17 MH RO 167 1'11704 LF 8" S RO 434 •7164 LF /8" SJ 39 MH RD 443 ~ 425 LF 8" S RD ◄56 : 5880 LF 8" S/ 2557 LF 12" SI 1278 LF 15" SI 8 MH RD466:1307 LF 15" S/1 MH J..EQE!:ill --RD BOUNDARY FY 2022/23 SEWER LI NING PROJ ECT CC -1 728 PROJECT L OCA TI ON MAP CITY OF HUN TI NGTON B E AC H DEPAR TME NT OF PUB LI C WOR KS I NTS ~ ~ 1 OF 1 FY 2022/23 SEWER LINING PROJECT LOCATION MAP RD 138 . '-- :::: •-"" ·-'"' Comell .,. ,,.,., ... , Tyndall .!!.:.., SEv\'ER8t iNES TO REH ABILI TAT E: 1224 Lf eS" VC P, 659 LF 12" VC P ·1 •ho 5 ' ~~: ~{if• -~ , .. ·---,· -.... _ o,. . -:::.~ -·... .!5!. --;:36" .!~._, -·7:-,_ ~.i~ o, l~ ,;!:!, -tt;;:3 ."?~ --;: ,;!'.:., -!~~ '""''°' • I Cornell .t·.~ -.;~ o, Cir. ?!tit 1)11 .~ .... -~ .. o,. ";!2 .~::...-.... .:.::. --:: Rutg1rs ·-~--:r Cir. m• ,..;;,..., "" -. r Sewer Faci lit ies Ciry of Humington Beach S<'wer Lines -0irs.-i.. -Pfft•S.-LN --~-~ N;-,,._c..n.n. c,.c .. u, ... Dl •O..:..- Ffl-f...,...ANucecl HOPE-ttoe,,0..-,~ ~~=-SST-,..,.......$1..,i ~:=..~CFlpo) $1:,p,l . .,_<IILN C0.002•0.HI,) Sewer E ntitles r:~~ci:,--. ,,,_. ■ a ■ ■ PluglC. Cl O C 1:11 I.A~ • <.> •• ~ -~ .::.--- ■ " .... .... ...... -~-fCPl,,,_Tftl~) -::3::..--~~ ... -Pa-b/GofC.0...-...... -Ot,Fdl>n _,,.,......, "'"" Vicinit y M a p 127 128 - 137 138 j ~·- 147 1 148 139 149 Reporting District 138 FY 2022/23 SEWER LINING PROJECT LOCATION MAP RD 139 Sewer Facilities City of Huntington Beach """'"'°" Sewer Lines ..... ....,,..,_ __ .....,. N;,--Ctellrt a -c.t'"" Ol•D.nll- -.t•~- ~-Mc,,.~~ :;.:? ~:-:::.,0.,f"t,e) Sewer Entities a:,-e.,w:,- • 0 0 0 . 0 . ~ • . 0 ♦ ~ " . 0 . . __, . C! u.ax ... . - . ~-(Q'I ___ __, 123 lNOINn_. •,. --,oc,~ 'ldnitY :\lap 128 - 138 J 139 i -- 148 149 24 1 Reporting District 139 FY 2022/23 SEWER LINING PROJECT LOCATION MAP RD 149 i ill s ..j.HI i.J +1831 ·-·-.. o,. n~am "" .... ........... ":' ........ Edinger Ave. Sewer Facilities City of H111ui11g ro11 Beach My!Olf ,. ,.. .. .. ewer Lines SiH a.-.u..,. .. - -GillrS...LN .._...Pi,,,-.S.-LN -C.U..,S...LN -OtietS...LN ,__ Sewe r Enlities c.r-c.o-yc»w 0 0 0 0 - ~ ·.•g~=~ ~ ♦ ♦ ::..., ,~ .::i- ■ " ·--fCPI ___ ) 123 [,Uy---•,n _0opt,.,r.,.. -.,,ru ,weo.,._ --Otrf ...... -c.,- "'"" Vklnll" '.\l a p 138 139 _,_ 148 ! 149 ) ... 158 159 24 25 i R e p ortin g Di strict 149 FY 2022/23 SEWER LINING PROJECT LOCATION MAPS RD 167 .l. Meadowlark Golf Course i,( 1 -Edmond• Cir. :,, i,)Qr 1lj~ fflS l 1H :M,2t ! , ... -.............. -,..,.,...,-.. .. ·~ •f: ~";~" Or~ •~=-.:!./': ~,: Sewer Fac il ities Ciry of H11nt i11g1011 Beach ,.,.:ll)lf ... ,. -... Se w('r Lines s... a.-•~ .. - -°"'-i.-____ ,_.,..._L,,. --- Sewer En1il les c., """-ec-,°""' ~ ·-- : ~ . -"---. -·--!CP I _ ... ~ 123 E1M1 -•-•,n ...,_.,._..,f .. -, .... ,Golfc.u---C.,.f--"'- Vlcl nltv ;\l ap 156 157 158 ~ 166 167 '. 168 l -- 176 177 178 R e p ortin g Distric t 167 FY 2022/23 SEWER LINING PROJECT LOCATION MAPS RD 434 Sewer Facilities Ciry of Huntington Beach M)-.-Olf Se wer Lines a.r. o-........ .,_ -- [§re:-~ "".,.,.., ... ~--·ltl;ll>Dr.M:I'~ ~-""'-~ ~-"===-::;:::,ei., ..... ) -----1.N!G.0::C •G.:'l Sewer Entities • • "'41C. 0 \11:&lti:lll ♦ ♦ ----.~-(Cfl /lY'00<1t11l-i 1u1,ay---•,.,-c°""9'"l'Nt -P'llrUI OdO:,r,nr., -oc,s-. -co- \icinif\· :\Jap 423 424 425 - 433 J 434 ] 435 - 443 444 445 Reporting Di st rict 434 FY 2022/23 SEWER LINING PROJECT LOCATION MAPS RD 443 Sewer Facilities City of Huntington Beach Juy::l!IJ Sewer Lines ...., I>'.,_.,..,,..,._ -cw-u.. ----1.N f~~--- 11 ll ~~~~ ~:=.e:-,-~ --oll.NIC.00:::•0.l'M Sewer Entities et,-eo.,,i,cw.. e O O 0 . . . O O 0 . . . ~ ~ ... -~-fe"I---> ,n '--•-••• \i d nirY :\lap ~:~2 433 434 n 2 1 443 444 L ._ ~:~2 453 454 Repo1 ·tiu g District 443 FY 2022/23 SEWER LINING PROJECT LOCATION MAPS RD 456 Sew er F acilitie s City of Huntington Beach Jaly :»19 Sewer Lines Sewer Enritie,s . . ~ . . . D O C uta.t..., -i ~ ~ ... -- ·--p , __ -> 123£.a:,_, __ •,n -~~""""' __ ,0oreo.n.. -.... _..,_, --,C,Qf!G \1dnin· :\fa p 445 446 447 ·-'··- 455 j 456 ' I 4! 465 466 46i Reportin g Di strict 456 FY 2022/23 SEWER LINING PROJECT LOCATION MAP RD 466 Sewer Fac iliti es City of Huntington Beach Jl&ly:01' Sewer Lines 455 -~-IC"•--""1-) -::: _, __ _ \1cinirv:\fap 456 ' 465 j 455 i 4 46 ~ 475 476/ 477 R ep ortin g Distrirt 466 PROJECT BENEFITS • Extends life of sewers 20 years • Prevents Sanitary Sewer Overflows • Increases structural strength of sewers PROJECT OVERVIEW •Construction Bids Received July 6, 2023 •Current Budget (Sewer Enterprise Fund)$1,658,047 •Request Award to Lowest Bidder Sancon Technologies, Inc. •Low Bid $1,318,770 •Project Cost (With Contingency & Inspection) $1,500,647 •Recommended Action: Accept the lowest responsive bid and authorize execution of construction contract with Sancon Technologies Inc. •Alternative Recommendation: Reject Bids •Construction Start: September 2023 •Construction Duration: 16 weeks Questions? City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-565 MEETING DATE:8/1/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Alvin Papa, Acting Director of Public Works PREPARED BY:Rafael Suarez, Capital Projects Administrator Subject: Approve a Sole Source Procurement Request with Cascade Pump Company for the servicing or replacement of mixed or axial flow pumps used at all 15 flood control stations Statement of Issue: The proposed sole source procurement would authorize Cascade Pump Company to service the City’s flood control pump equipment at a cost of up to $100,000 annually over a 3-year term. Currently, 45 of the City's 48 flood pumps were manufactured by Cascade. Financial Impact: Sufficient funds are available in the FY 2023/24 Pump Plant Maintenance Budget in account no. 10085502.67715. Funding for years 1 and 2 will be requested in future budget cycles. Recommended Action: Approve the sole source procurement request with Cascade Pump Company to service the City’s existing Cascade pumps at its flood control stations. Alternative Action(s): Do not approve the sole source procurement request, and direct staff to procure service contracts through a competitive bid process. Utilizing another vendor will require the City to invest additional time and funds to train the vendor to service the Cascade pumps. Analysis: The City’s flood control pumps are necessary to manage water levels and prevent flooding. Furthermore, routine and proper pump maintenance is necessary for the stations to function reliably, particularly during heavy rain events like the ones that the City experienced last winter. Though minor repairs can be handled in-house, a dedicated service and repair team is needed for preventative measures and to address major and/or urgent repairs. Given that 45 of the City’s 48 flood control pumps are manufactured by Cascade - the sole distributor of these parts - staff is recommending a sole source procurement with Cascade to provide pump City of Huntington Beach Printed on 7/26/2023Page 1 of 2 powered by Legistar™ File #:23-565 MEETING DATE:8/1/2023 repair and maintenance services for up to $100,000 annually over a 3-year term. Cascade has worked with the City for the past 24 years and has developed an institutional knowledge of the City’s flood control facilities. By relying on Cascade’s repair team, who are experts in the system pumps and have made repairs on them in the past, the City eliminates any intermediary costs and increases the likelihood of successful and efficient repairs. The company is based locally out of Santa Fe Springs and can readily access all pump parts for timely repairs, particularly during emergency situations or storm season. Parts would be procured without the mark up fees that other repair teams may charge after purchasing directly from Cascade. Recently, the City issued a Release for Qualifications and received bids for servicing of pumps that resulted in comparable rates; however all other vendors were charging up to 30% mark-ups on materials and administrative fees. By selecting Cascade’s repair and service team, the City would avoid spending these additional costs. To ensure the proper and continued servicing of the pumps and to minimize risk of downtime and flooding, staff recommends utilizing a sole source procurement with Cascade Pump Company at a cost of up to $100,000 annually over a 3-year term. Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1.Sole Source Justification 2.PowerPoint Presentation City of Huntington Beach Printed on 7/26/2023Page 2 of 2 powered by Legistar™ CITY OF HUNTINGTON BEACH RECE IV ED MAY 31 2023 Sole-Source Justification (For use on all goods and services acquisitions .) This justification document consists of two (2) pages . All information must be provided and all questions must ~~j'ff fie.r~-db~'R!Ul!!i!~d t Approvals" section must include a date for each signature, as appropriate for the transaction. a I G" e t,Janmen Requesting Department Information Date: Mav 22, 2023 Requestor Name: Rafael Suarez Division Manager: Andrew Ferrigno (Type names. Do not sign.) Department: Public Works Department Head: Chau Vu (Type names . Do not sign . Must be same as signature below .) Department Contact Information Contact Name: Rafael Suarez Street Address: 19001 Huntington St., Huntington Beach, Telephone: 714-374-1794 CA 92648 Fax: N/A Shipping Address: 19001 Huntington St., Huntington Cellular phone: 714-833-3681 Beach, CA 92648 Required Contact Information Contractor/Suoolier Name: Cascade Pump Company Contractor/Supplier Address: 10107 Norwalk Blvd Contractor/Supplier City/State/Zip: Santa Fe Springs Ca 90670 Original Contract Amount:* Amendment Amount:* (if applicable) New Contract Amount:* $ $ $100,000 Anually (•Includes original contract and previously (•Includes origina l contract and all amendments, aooroved amendments) ,•current amendment only) including current amendment) Provide a brief description of the acquisition, including all goods and/or services the contractor will provide: Servicing or replacement of Cascade mixed or axial flow pumps used in the 15 Flood Control Pump Stations located throuQhout the citv. Contract Type and Term Contract Type: Contract Term: What account number will be used to purchase? Select One: □ Goods Begin: 06/21/2023 Business Unit: 10085502 □ Service l:8l Goods & Services End: 06/21/2026 Object Code: 67715 Required Approvals Department Head ~I Services Manager '@ Director of Finance ~ssistant City Manager Jti" Approved D Den ied Approved D Denied App'ii:-0 D~o;,d Approved D Denied ~ !:E[J(· ,,z_ ✓-Signature '----"' Signature Sina~re C Signature 5-· 2u •~ 5/31 /to'l-3, t'/~{?c:J.?l ~1-'¢-eoz.::> Date Date Date Date (Transactions exceeding $50,000 must be approved by City Council) CITY OF HUNTINGTON BEACH Sole Source Justification (For use on all goods and services acquisition s.) Complete responses must be provided for all of the following items. A. THE GOOD/SERVICE REQUESTED IS RESTRICTED TO ONE SUPPLIER FOR THE REASONS STATED BELOW: 1. Why is the acquisition restricted to this goods/services/supplier? (Explain why the a cquisition cannot b e competitively bid.) Cascade Pump Company, as the sole distributor of their products offers direct purchasing without contractor mark-ups. Since the City handles pump installation with its own employees, there is no need for an intermediary, reducing costs. Cascade, a family-owned company, manufactures, builds and services pumps in Santa Fe Springs. They hold a significant portion of the City's flood control pump inventory, ensu r ing quick emergency repairs and service. 2. Provide the background of events leading to this acquisition. The City's flood control pumps are operating without a dedicated service and repair team since its Sole Source procurement with Cascade to service our pumps has expired. Currently, 45 of the 48 pumps in inventory are made by Cascade. 3. Describe the uniqueness of the acquisition (why was the good/service/supplier chosen?). Cascade's 24-year involvement with the City's flood control facilities gave Cascade the institutional knowledge needed to successfully service and repair our pumps. Using Cascade as our repair team saves money, and minimizes downtime and risk. Having local facilities makes them highly viable for repairs and service, especially during storm season and emergency situations. As the manufacturer of the pumps they also have all the repair parts needed to service the City's pumps. 4. What are the consequences of not purchasing the goods/services or contracting with the proposed supplier? If the City chooses another repair team, it will cost the City additional time and money needed for servicing and repair. Because Cascade does not have distributors or other vendors, the City would be subject to markup fees charged by other repair teams that would purchase directly from Cascade. By relying on Cascade's proven repair team, we reduce the likelihood of improper repairs , which could potentially lead to damage to our flood control facilities. Cascade's knowledge of t heir pumps allows them to identify and address any underlying issues that might go unnoticed by other repair teams. 5. What market research was conducted to substantiate no competition, including evaluation of other items considered? (Provid e a narrative of yo ur efforts to ide ntify othe r simila r or appropriate g oods/services , including a su mmary o f how the department conclu ded that s uch alternat ives are eith er i nappropriate or unava ilabl e. The names and addresses of supplie rs conta cted and the reasons for not considering th em m ust be included O R an explanation of w hy the s urvey or effort t o id entify other goods/services wa s not perform ed.) Recently, the City released a request for qualifications that included servicing of pumps. The results was comparable hourly rates, however all were charging 15 to 30 percent mark-ups on materials and additional administrative fees. By selecting Cascade's repair and service team, the City would avoid spending the additional mark-ups and administrative fees. 2 8. PRICE ANALYSIS 1. How was the price offered determined to be fair and reasonable? (Explain what the basis was for comparison and in clude cost analyses as applicable.) Research with existing service contracts and bid results gave insight to additional costs for repair. All pump service providers are charging an additional 15 to 30 percent mark-up on materials and additional administrative fees. 2. Describe any cost savings realized or costs avoided by acquiring the goods/services from this supplier. Selecting Cascade to service and repair our Cascade pumps avoids unnecessary mark-up and administrative costs that other service and repair vendors would be charge. Additionally, Cascade's inherent and comprehensive knowledge of their pumps allows them to identify and address any underlying issues that other repa i r vendors might overlook, further reducing the risk to other costly breakdowns. Remit compl eted form to: City of Huntington Beach -Purchasing Divis ion 20 00 Main Street, Huntington Beach, CA 9 2648-270 2 3 Cascade Pump Company Sole Source Procurement Request August 1, 2023 Cascade Pump Company • 45 of the 48 pumps used to manage the 15 City flood control facilities are made by Cascade • Cascade has a 24-year involvement with the City’s flood control facilities • Cascade’s institutional knowledge saves money and minimizes downtime and risk Sole Source Justification • Cascade Pump Company will provide a dedicated service and repair team. • City staff and assigned vendors are already familiar with and trained to use Cascade branded pumps. • Failed equipment will significantly increase risk of flooding and may adversely impact the health, safety and property of local residents and businesses Recommended Action • Approve the sole source procurement request with Cascade Pump Company to service the City’s existing Cascade pumps at City flood control stations. Questions? City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-641 MEETING DATE:8/1/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager PREPARED BY:Travis K. Hopkins, Assistant City Manager Grace Yoon-Taylor, Principal Management Analyst Subject: Recommendations to streamline and restructure a select number of citizen-led Boards, Commissions, and Committees and Council Committees Statement of Issue: On May 16, 2023, the City Council approved the formation of an Ad Hoc Council Committee to engage in a comprehensive assessment of the City’s existing Boards, Commissions, and Committees (BCCs) and their purpose, duties, and current relevancy to City operations. As such, the BCC Review Ad Hoc Council Committee (“BCC Ad Hoc Committee” hereafter) comprised of Mayor Tony Strickland, Mayor Pro Tem Gracey Van Der Mark, and Councilmember Pat Burns, met three times to deliberate and made nine recommendations to streamline the BCC structure, which are being presented for City Council consideration. Financial Impact: Not applicable. Recommended Action: A)Consider the Ad Hoc Committee’s nine recommendations to reform, consolidate, and/or dissolve a select number of BCCs, as outlined in the staff report below; and B)Direct staff to work with the City Attorney’s Office and develop the appropriate Resolution(s), Ordinance(s), and other documents necessary to implement City Council directed adjustments and bring them back to the City Council; and C)Direct staff to plan an appropriate event to recognize and thank citizen appointees who will be retiring due to this restructuring effort for their contribution. Alternative Action(s): Do not approve one or more recommendations, and direct staff accordingly. City of Huntington Beach Printed on 7/26/2023Page 1 of 6 powered by Legistar™ File #:23-641 MEETING DATE:8/1/2023 Analysis: As part of the City Council’s 2021-22 Strategic Plan,the City Council identified the streamlining of its Boards,Committees,and Commissions (BCCs)as a key priority and eventually incorporated ten recommendations made by the Ad Hoc Council Committee to dissolve,consolidate,and reformat a select number of BCCs in late 2021.As a result of the 2021 BCC Restructuring efforts,the total number of BCCs was reduced from 41 to 35 due to the dissolution and consolidation of six advisory bodies.Additionally,City staff formed an internal working group among staff liaisons to better coordinate its BCCs and advisory groups through on-going training,uniform policies and procedures, and centralized information. On February 21,2023,City Council introduced ordinances to amend the Huntington Beach Municipal Code (HBMC)to ensure that all individual appointed BCCs have up to 7 members,with no more than 1 appointee per Councilmember.This codified policy resulted in the membership change for the CIAB/Public Works Commission and the Community and Library Services Commission from nine to seven.At the same meeting,City Council also introduced an ordinance to modify the Finance Commission’s duties and meeting frequency.At a subsequent City Council meeting,all the ordinances were approved. On May 16,2023,Councilmember Pat Burns introduced an H-item to request the City Council to consider another comprehensive review of all the citizen-led BCCs and Council Committees.Per the City Council’s direction,the BCC Ad Hoc Committee was formed with the goal of streamlining the BCC structure to ensure the most efficient use of staff time and City resources while still maintaining an effective level of civic engagement in City affairs.The BCC Ad Hoc Committee subsequently met on June 5,July 17,and July 20,2023 and carefully assessed all BCCs in conjunction with the City Manager’s Office.After much deliberation,the Committee developed nine recommendations for City Council’s consideration. These recommendations affect only a select number of BCCs and are recommended for one of three potential actions:1)dissolution,2)consolidation,or 3)reformation.A detailed summary of each recommendation is below. CATEGORY I: DISSOLUTION RECOMMENDATION 1:Dissolve the following Ad Hoc Council Committees as their tasks have been completed and/or are no longer necessary. ·Short-Term Rentals Ad Hoc Council Committee:This Ad Hoc Committee was to provide Council input on the policy around short-term rentals (STRs).As its tasks are complete and Ordinance No.4238 to amend the HBMC Chapter 5.120 Short-Term Rentals was approved on January 19, 2021, the Committee is recommending it to be officially dissolved. ·Housing/RHNA Ad Hoc Council Committee:This Ad Hoc Committee was to provide Council input on the draft Housing Element prior to the Public Hearings.As its tasks are complete,the Committee is recommending this to be officially dissolved. ·Cannabis Regulation and Policy Ad Hoc Council Committee:This Ad Hoc Committee was established to work with City staff to develop a commercial cannabis program.It is recommended that City staff can undertake future,related tasks,if necessary,per the City City of Huntington Beach Printed on 7/26/2023Page 2 of 6 powered by Legistar™ File #:23-641 MEETING DATE:8/1/2023 recommended that City staff can undertake future,related tasks,if necessary,per the City Council’s direction. Approval of Recommendation 1 would require the following actions: Ø Approve the Recommendation via Council Minute Action. RECOMMENDATION 2: Dissolve the Huntington Beach Human Relations Committee (HBHRC). The Huntington Beach Human Relations Committee (HBHRC),formerly known as the Human Relations Task Force,was established in 1997 after the City’s adoption of the Declaration of Policy About Human Dignity.This group was then reconstituted as a standing citizen advisory body to the City Council in 2021 with the mission of promoting mutual understanding,respect,safety,and well- being of all in our community through education and engagement. However,many of these issues are being addressed by the County of Orange (e.g.Orange County Human Relations Commission who publishes annual hate crime reports)and/or community-based nonprofit organizations.Dissolution will remove redundancy of effort and redirect staff resources to other City priorities. Approval of Recommendation 2 would require the following actions: Ø Adopt a Resolution to officially dissolve the HBHRC. RECOMMENDATION 3: Dissolve the Jet Noise Commission Born out of the Air Traffic Noise Working Group and established in 2018,the Jet Noise Commission acts in an advisory capacity to the City Council in matters related to commercial air traffic affecting the Huntington Beach community,including jet noise from commercial aviation traffic.The Commission has produced community information on jet noise matters for residents since its inception. However,air traffic is a federal issue,and the City has no/limited authority to regulate the altitude, speed,direction or location of aircrafts flying over the City.Facilitation between Federal Aviation Administration (FAA),major airports,commercial airlines,and elected officials and monitoring local, state,and federal legislative actions related to jet noise could be accomplished by the Intergovernmental Relations Committee (IRC) and/or City staff if the need arises. Approval of Recommendation 3 would require the following actions: Ø Adopt an Ordinance to repeal/remove HBMC Chapter 2.104 Jet Noise Commission. RECOMMENDATION 4: Dissolve the Mobile Home Advisory Board (MHAB) The MHAB was established in 1996 to work in an advisory capacity to the City Council on matters concerning the Huntington Beach mobile home community and to promote communication among park owners, manufactured home owners, and the City Council. Any related conflict resolution issues between mobile home owners and park owners could be City of Huntington Beach Printed on 7/26/2023Page 3 of 6 powered by Legistar™ File #:23-641 MEETING DATE:8/1/2023 Any related conflict resolution issues between mobile home owners and park owners could be directed to the California Department of Housing and Community Development,which regulates mobile home parks.City staff can also connect residents to appropriate City and community resources.Additionally,the City’s new Mobile Home Tenant-Based Rental Assistance (MHTBRA) program that provides monthly rental assistance to eligible very low-income Huntington Beach senior mobile home owners was successfully implemented earlier this year and is currently managed by City staff. Approval of Recommendation 4 would require the following actions: Ø Adopt an Ordinance to repeal/remove HBMC Chapter 2.112 Mobile Home Advisory Board. CATEGORY II: CONSOLIDATION RECOMMENDATION 5:Dissolve the Smart Cities and Technology Council Committee (standing committee)and the Environmental and Sustainability Board and transfer duties that may be appropriate,to the Citizen Infrastructure Advisory Board/Public Works Commission (CIAB/PWC) and remaining duties would come directly to City Council. The Smart Cities and Technology Council Committee is a Council standing committee established in 2021,with a goal of providing strategic policy direction towards the City’s Smart City Roadmap and broadband master plan efforts as well as long-term innovative technology projects.The Committee and its duties could be carried out by City staff and/or the CIAB/PWC and remaining items would be brought directly to City Council. The Environmental and Sustainability Board (ESB)(formerly known as the Environmental Board)was created in 1979 to examine the City’s Environmental Impact Reports and other related projects. Through the 2021 BCC restructuring effort,its primary purpose shifted to develop and monitor progress on the Sustainability Master Plan (SMP)and has a membership structure of five citizen appointees and chaired by two Council Liaisons.Its duties could be carried by City staff and/or the CIAB/PWC and remaining duties would come directly to City Council. Approval of Recommendation 5 would require the following actions: Ø Approve the recommendation to dissolve the Smart Cities and Technology Council Committee via Council Minute Action. Ø Adopt an Ordinance to remove/repeal HBMC Chapter 2.102 Environmental and Sustainability Board and amend HBMC Chapter 2.111 Citizen Infrastructure Advisory Board/Public Works Commission. CATEGORY III:REFORMATION RECOMMENDATION 6:Rename the Urban Design Study Ad Hoc Council Committee to the Downtown and Beach Front Ad Hoc Committee and broaden their scope of work The Downtown Urban Design Study Ad Hoc Council Committee was established to provide Council input to the City’s Downtown Urban Design Study process to explore concept designs for Main Street.There is need to address City Council’s priorities to improve the Downtown and beachfront City of Huntington Beach Printed on 7/26/2023Page 4 of 6 powered by Legistar™ File #:23-641 MEETING DATE:8/1/2023 Street.There is need to address City Council’s priorities to improve the Downtown and beachfront area,which includes the hotels and the numbered streets beyond Main Street;consider PCH relinquishment and beautification;beach restrooms improvement,etc.As such,it is recommended that this Ad Hoc Committee be renamed to the Downtown and Beach Front Ad Hoc Committee and broaden their scope of work accordingly. Approval of Recommendation 6 would require the following actions: Ø Approve the Recommendation via Council Minute Action. RECOMMENDATION 7:Restructure the Huntington Beach Youth Board as a Huntington Beach Youth Citizen Leaders Committee, with specific goals. The Huntington Beach Youth Board was established in 1987 to serve as a voluntary advisory board to the City Council regarding youth achievements,concerns,and needs,and promote youth participation in community affairs. Over the years,their roles and duties have evolved,and given that their term is only 1 year,their ability to carry out various projects due to Brown Act compliance (e.g.restrictions on group messages,group texts,and collaborations outside of the meetings)has been limited.As such,the recommended changes include: a)Dissolve the Youth Board;in lieu of the Board,create a new non-Brown Act working group, named the Huntington Beach Youth Citizen Leaders Committee (YCLC -name pending).This new Committee shall be a select group of highly qualified high school students,not subject to the Brown Act; b)Their primary duty shall be to plan and coordinate the Annual Youth in Government Day and the Junior Citizens Academy with City staff’s guidance,as well as other projects requested by the City Council; and c)The meeting frequency shall be determined by the Committee and City staff to meet needs of effectively planning and executing two primary events with the Community and Library Services Department staff. Approval of Recommendation 7 would require the following actions: Ø Adopt an Ordinance to repeal/remove the HBMC Chapter 2.108 Youth Board;adopt a Resolution to create a non-Brown Act entity. RECOMMENDATION 8:Restructure the Fourth of July Executive Board to be named as the Independence Day Board with more clarified roles. The Fourth of July Executive Board was created in 1983 as an advisory body to the City Council comprised of 9 to 15 citizen appointees,whose main roles were to work with City staff and volunteers to coordinate the City’s renowned Annual Fourth of July parade and celebration. However,over the years,the Fourth of July event scope and components have evolved and expanded,requiring extensive support from City staff.As such,the City hired and utilized outside professional event productions firm,Soundskilz,Inc.and consultant Stacey Newton,to plan and City of Huntington Beach Printed on 7/26/2023Page 5 of 6 powered by Legistar™ File #:23-641 MEETING DATE:8/1/2023 professional event productions firm,Soundskilz,Inc.and consultant Stacey Newton,to plan and execute Fourth of July celebration. As the City Council, the Executive Board and City staff are evaluating the 2023 Fourth of July events and past festivities, the Committee will bring forth more recommendations for this Board for continued improvement of the programs and events. It is also recommended to rename the Board as the Independence Day Board. Due to the expiration of the City’s existing contracts with Soundskilz,Inc.and Stacey Newton,the Committee recommends City staff to initiate a new RFP process for professional event services per the City’s procurement policies. Approval of Recommendation 8 would require the following actions: Ø Adopt an Ordinance to amend the HBMC Chapter 2.106 Fourth of July Executive Board . RECOMMENDATION 9:Restructure the Specific Events Executive Committee as a standing Council Committee to review Council’s priorities for large-scale major specific events. The City utilizes the Specific Events Committee, as outlined by the HBMC 13.54.060, which is an internal meeting among staff members from various departments to discuss the permitting of and any logistical requirements for each proposed event. The BCC Ad Hoc Committee recommends that the Specific Events Executive Committee shall be formally adopted as a Council standing committee, comprised of three Council members to review and recommend City Council’s priorities and review overall policy on specific events in the City. Approval of Recommendation 9 would require the following actions: Ø Adopt an Ordinance to amend HBMC Chapter 13.54.06. Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: Community Engagement Attachment(s): 1.PowerPoint Presentation City of Huntington Beach Printed on 7/26/2023Page 6 of 6 powered by Legistar™ Board, Commission, & Committee (BCC) Reconfiguration City Council Meeting August 1, 2023 Background • On 10/19/2021, Council approved the Ad Hoc Committee’s 10 recommendations to reform, consolidate and/or dissolve a select number of BCCs. A total number of BCCs was reduced from 41 to 35. • Additionally, an internal Staff Liaison Working Group was newly formed to provide a more consistent, uniform interface with BCC members as well as internal support network/training opportunities. • On 11/16/2021, Council introduced a series of ordinances to implement recommended changes by the Ad Hoc Committee. • On 12/21/2021, Council adopted all the ordinances. Background • On 2/21/2023, City Council introduced ordinances to amend HBMC to codify that all individual appointed BCCs have up to 7 members, with no more than 1 appointee per Councilmember. • On 2/21/2023, City Council also introduced an ordinance to modify the Finance Commission’s duties, meeting frequency, and other adjustments to include its original scope of work related to the City’s financial planning. At a subsequent City Council meeting, all the ordinances were approved. • On 5/16/2023, Councilmember Burns introduced H-item to request City Council to consider another comprehensive review of all the citizen-led BCCs and Council Committees, which was approved. • The BCC Review Ad Hoc Committee was formed and met three times on 6/5/2023, 7/17/2023, and 7/20/2023 for deliberation. Current BCC Structure by Number As of today, Huntington Beach has over 34 different formal BCCs, plus a dozen of outside agency groups on which the City Council members and/or staff serve. No. Types of BCCs 17 Boards/Commissions/Committees with 108+ Citizen Appointees6 City Council Standing Committees 6 City Council Ad-hoc Committees 5 City/Citizen Committees & Community Stakeholder Meetings 34 TOTAL Current BCC Structure by TypeGeneral Government Neighborhood Specific Recreation /EnrichmentSocietal Needs FocusLand Use & Economic Development Financial FocusCouncil Committees (Total 12) 1. Communications Committee2. Intergovernmental Relations Committee3. Charter Review Council Committee*4. BCC Review Council Committee*1. Southeast Area Committee2. Sunset Beach Area Committee1. Economic Development Committee (EDC)2. Smart Cities & Technology Committee3. Cannabis Regulation Committee*4. Downtown Urban Design Committee*5. Housing/RHNA Committee*6. Short Term Rentals*Citizen BCCs (Total 17)1. Environmental & Sustainability Board2. Historic Resources Board (HRB)3. Personnel Commission1. Harbor Commission2. Jet Noise Commission3. Mobile Home Advisory Board (MHAB)4. Sunset Beach Local Coastal Program Review Board 1. Community & Library Services Commission2. 4thof July Executive Board1. Citizen Participation Advisory Board 2. Human Relations Committee3. Youth Board1. Citizen Infrastructure Advisory Board/Public Works Commission2. Design Review Board3. Planning Commission1. Finance Commission2. InvestmentAdvisory BoardOther City & CitizenCommittee (Total 5)** 1. Oak View CommunityMeeting 2. Huntington Central Park Collaborative1. Specific EventsExecutiveCommittee1. School District / City Committee2. Homeless Task Force* Ad‐hoc Council Committees not subject to the Brown Act   ** Community Stakeholder Roundtable Format, not subject to the Brown Act Proposed Committee Recommendations By CategoryDissolution• 3 Ad-hoc Committees• Short-Term Rentals Ad-hoc Council Committee• Housing/RHNA Ad-hoc Council Committee• Cannabis Regulation & Policy Ad-hoc Council Committee • Huntington Beach Human Relations Committee• Jet Noise Commission • Mobile Home Advisory BoardConsolidation• (1) Environmental & Sustainability Board and (2) Smart Cities and Technology Committee CIAB/Public Works Commission Reformation• Urban Design Study Ad Hoc Council Committee theDowntown and Beach Front Ad Hoc Committeewith the broader scope of work• Youth Board the Youth Citizen Leaders Committee, non-Brown Act group• Fourth of July Executive Board Independence Day Board •Specific Events Executive Committee as a standing Council Committee123 Committee Recommendation 1 Dissolve the following Ad Hoc Council Committees as their tasks have been completed and/or are no longer necessary. •Short-Term Rentals Ad Hoc Council Committee•Housing/RHNA Ad Hoc Council Committee•Cannabis Regulation and Policy Ad Hoc Council CommitteeREQUIREMENT:Council Minute Action. Committee Recommendation 2Dissolve the Huntington Beach Human Relations Committee (HBHRC). Many duties HBHRC issues are being addressed by Orange County (e.g. OC Human Relations Commission publishes annual hate crime reports) and/or community-based nonprofit organizations. Dissolution will remove redundancy of efforts and redirect staff resources to other City priorities. REQUIREMENT:Adopt a Resolution to officially dissolve the HBHRC Committee Recommendation 3Dissolve the Jet Noise Commission Air traffic is a federal issue and the City has no/limited authority to regulate the altitude, speed, direction or location of aircraft flying over the City. Facilitation between the FAA, major airports, commercial and elected officials could be arranged by the Intergovernmental Relations Committee (IRC) and/or City staff if the need arises. REQUIREMENT:Adopt an Ordinance to remove/repeal HBMC 2.104 Jet Noise Commission Committee Recommendation 4Dissolve the Mobile Home Advisory BoardAny conflict resolution issues between mobile home owners and park owners could be directed to the California Department of Housing and Community Development (HCD), which regulates mobilehome parks. City staff also can connect residents to appropriate City and community resources. REQUIREMENT:Adopt an Ordinance to remove/repeal HBMC 2.112 Mobile Home Advisory Board Committee Recommendation 5Dissolve the Smart Cities and Technology Council Committee (standing committee) and the Environmental and Sustainability Board and transfer their duties to the Citizen Infrastructure Advisory Board/Public Works Commission (CIAB/PWC). The primary duties and goals of the Smart Cities and Technology Council Committee and the ESB could be carried out by the CIAB/Public Works Commission and/or City staff, remaining items would come directly to City Council.REQUIREMENT:Approve the recommendation to dissolve the Smart Cities and Technology Council Committee via Council Minute Action; Adopt an Ordinance to remove/repeal HBMC 2.102 Environmental and Sustainability Board and amend HBMC 2.111 CIAB/Public Works Commission Committee Recommendation 6Rename the Urban Design Study Ad-hoc Council Committee to the “Downtown and Beach Front Ad-hoc Committee” to broaden their scope of work There is need to address City Council’s priorities to improve the Downtown and beachfront area, which includes the hotels and the numbered streets beyond Main Street; consider PCH relinquishment and beautification; beach restrooms improvement, etc. It is recommended that this Ad Hoc Committee be renamed to the Downtown and Beach Front Ad Hoc Committee and broaden their scope of work accordingly. REQUIREMENT:Council Minute Action. Committee Recommendation 7Restructure the Huntington Beach Youth Board as a Youth Citizen Leaders Committee, with specific, focused goals • Restructure the Youth Board; in lieu of the Board, create a new non-Brown Act working youth group; • Their primary goal shall be to plan and coordinate the Youth In Government Day and the Junior Citizens Academy and other projects requested by the City Council; and • The meeting frequency shall be determined by the Committee and City staff to meet needs of effectively planning and executing two primary events with the Community and Library Services Department staff. REQUIREMENT: Adopt an Ordinance to remove/repeal the HBMC 2.108; adopt a Resolution to create a non-Brown working group Committee Recommendation 8Restructure the Fourth of July Executive Board to be named as the Independence Day Board with more clarified rolesAs the City Council, the Executive Board and City staff are evaluating the 2023 Fourth of July events and past festivities, the Committee will bring forth recommendations for the continued improvement of the programs and events. • Direct City staff to initiate a new RFP process for professional event operator(s) per the City’s procurement policies. REQUIREMENT: Ordinance to amend HBMC Chapter 2.106 Fourth of July Executive Board. Committee Recommendation 9Restructure the Specific Events Executive Committee as a standing Council Committee to review Council’s priorities for large-scale specific events.• It is separate from the Specific Events Committee, which is an internal meeting among staff members from various departments per HBMC 13.54.060 to discuss the permitting of and any logistical requirements for each proposed event. • The Specific Events ExecutiveCommittee shall be reformatted as Council standing committee, comprised of three Council members to review and recommend priorities and policies for specific events in the City. REQUIREMENT: Adopt an Ordinance to amend HBMC 13.54 Specific Events Recommended ActionsA. Consider the Ad Hoc Committee’s nine (9) recommendations to reform, consolidate, and/or dissolve a select number of BCCs, as outlined in the staff report below; B. Direct staff to work with the City Attorney’s Office and develop the appropriate Resolution(s), Ordinance(s), and other documents necessary to implement City Council directed adjustments and bring them back to the City Council; and/or C. Direct staff to plan an appropriate event to recognize and thank citizen appointees who will be retiring due to this restructuring effort for their contribution. Questions? City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-670 MEETING DATE:8/1/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager PREPARED BY:Travis Hopkins, Assistant City Manager Subject: Consider the City Council Charter Review Ad Hoc Committee’s recommended Charter Amendments for placement as ballot measures at the March 5, 2024 Statewide Primary Election Statement of Issue: On June 6, 2023, the City Council approved an H-Item (Attachment 2) designating Mayor Strickland to lead an Ad Hoc committee of himself and two other Council Members to work with the City Attorney’s Office and return to City Council with recommendations for proposal Charter Amendments that will be placed on ballot measures at the March 5, 2024 Statewide Primary Election. Mayor Strickland appointed Mayor Pro Tem Van Der Mark and Council Member Burns to the Ad Hoc committee, which has worked with the City Attorney to identify 7 proposed amendments for Council consideration (Attachment 1). Financial Impact: The cost to place one ballot measure on the March 2024 Statewide Primary Election will rely on several factors including the number of pages required to present the measure and secondary expenses such as postage, printing and cost recovery for the County’s Vote Center model. Given the variability of costs, the Orange County Registrar of Voters (ROV) provided a rough cost estimate of $327,428 - $391,628 per ballot measure placed on the March 5, 2024 Statewide Primary ballot. For informational purposes, the City paid $296,097 to place the cannabis measure on the Statewide Primary ballot in June 2022. Recommended Action: A)As requested by the Ad Hoc committee, consider one or more Charter amendments for placement on one or more ballot measures for voter approval during the March 5, 2024 Statewide Primary Election; and, B)Direct the City Attorney to review each amendment and direct staff to prepare and return ballot measure language and all other materials required for submittal to the ROV for City Council consideration. Alternative Action(s): Do not approve the recommended actions, and direct staff accordingly. Analysis: On June 6, 2023, the City Council approved an H-Item (Attachment 2) designating Mayor Strickland to lead an Ad Hoc committee of himself and two other Council Members to work with the City Attorney’s Office and return City of Huntington Beach Printed on 7/26/2023Page 1 of 2 powered by Legistar™ File #:23-670 MEETING DATE:8/1/2023 to City Council with recommendations for proposal Charter Amendments that will be placed on ballot measures at the March 5, 2024 Statewide Primary Election. Mayor Strickland appointed Mayor Pro Tem Van Der Mark and Council Member Burns to the ad hoc committee, which has worked with the City Attorney to identify 7 proposed amendments for Council consideration (Attachment 1). The City Manager’s Office has been requested to transmit the attachment to the City Council for consideration. Additionally, the H-Item requested the City Clerk provide a time line of events for deadlines the City is required to meet in order to get proposed City Charter amendments on the ballot for the March 5, 2023 Statewide Primary Election. The proposed timeline is below: 1.August 2023 - a.On August 1, consider the Ad Hoc committee’s proposed Charter amendments ; request City Attorney to review the approved amendments and prepare all materials required by the ROV for placement on the March 5, 2024 ballot. b.Throughout August, Staff prepares a Request for Council Action (RCA) that includes: a request for funds to place one or more amendments on the March 5 2024 primary ballot and approval of Resolutions that: 1) call for a Special Election to submit Charter amendments to the voters; 2) requests consolidation of Special Election with the County for the Statewide Primary election of March 5, 2024; 3) sets priorities for filing of written arguments and directs Chief Legislative Analyst to prepare an impartial analysis for each measure; 4) provides for the filing of rebuttal arguments for each measure; and 5) other materials as required by the ROV. 2.September 5 and/or September 19, 2023 - a.Consider recommendations,budget appropriation for each ballot measure, and all ballot materials (see #1 above) to City Council for approval. 3.September - November 2023 - a.Staff gathers impartial analyses, arguments, rebuttals, and other required voter materials and submits them to the Registrar of Voters (ROV) prior to the December 8, 2023 filing deadline for the March 5, 2024 Statewide Primary election. Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1.Charter Review Ad Hoc Committee Proposals 2.Burns - Charter Ad Hoc Committee H Item City of Huntington Beach Printed on 7/26/2023Page 2 of 2 powered by Legistar™ Attachment 1 - Submitted by the Charter Review Ad Hoc Committee Charter Review Ad Hoc Committee Proposals 1. Section 300 (Term Commencement) a. Change that the term of the elected candidate to commence at the first regular City Council Meeting following the City's certification of the election, rather than the "Monday" following. 2. Section 303 (Regular Meetings) a. Provide that the cancellation of a City Council Meeting may occur where there is a lack of quorum or is cancelled by the Mayor or Majority of Council Members. 3. Section 612 (Measure C) a. Beaches and Parks: Revise to provide more allowance to restroom and other existing facilities remodels, with no cost/price cap, only allowing expansion of the facility footprint up to 20% within a 10 year period b. Parks: Revise children's playground facilities and equipment, both for new installations and for replacement installations i. Replacement installations of playground facilities and equipment would be limited to not expand the existing footprint of more than 100% within a 10 year period 4. Sections 601/602 (Annual Budget) a. Revise to submission of two-year budgets in even years 5. Section 300 (Clerk and Treasurer Election Cycle) a. Change election cycles to Gubernatorial for Treasurer and Clerk positions 6. Section 310 (Clerk Qualifications) a. Modify such that Clerk position requires any four-year Bachelor's Degree, remove additional requirements for qualifying candidates 7. Section 702 (Local Control over Elections) a. Remove exclusive reliance on State Elections Code for all aspects of elections; add that for Municipal Elections, the City will maintain local control over voter ID provisions for resident verification; require/provide at least 12 polling locations/facilities throughout the City for in-person voting; and provide that the City will require/provide for monitoring ballot drop boxes. 8. Any other Proposal Suggested by City Council at the Time of the Meeting CITY OF HUNTINGTON BEACH CITY COUNCIL MEETING – COUNCIL MEMBER ITEMS REPORT TO: CITY COUNCIL FROM: PAT BURNS, COUNCIL MEMBER DATE: JUNE 6, 2023 SUBJECT: REQUEST TO FORM A CHARTER REVIEW AD HOC COUNCIL COMMITTEE TO RECOMMEND PROPOSED CHARTER AMENDMENTS ISSUE STATEMENT The proposals for Charter Amendments that were placed on the November 2022 ballot by the previous City Council failed. There are areas in the Charter that could use meaningful updates. The California primary is set for March 5, 2024. We should have a City Council ad hoc Committee assembled to return to the entire City Council with recommendations for Charter updates. RECOMMENDED ACTION Designate Mayor Tony Strickland to lead an ad hoc committee of himself and two other City Council members of his choice to work with the City Attorney's Office, if necessary, and to return to City Council at a regular City Council meeting in July of this year with recommendations for proposed Charter Amendments. It is also requested that the City Clerk, who is our local elections official, provide a timeline of events or deadlines the City is required to meet in order to get any proposed City Charter Amendments on the ballot for the March 5, 2024 election. STRATEGIC PLAN GOAL Not applicable City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-672 MEETING DATE:8/1/2023 Subject: Submitted by Councilmember Burns - Amending the Declaration of Policy on Human Dignity Recommended Action: Recommend that the City Council amend the Declaration of Policy on Human Dignity through an Ad Hoc Committee of three City Council members appointed by the Mayor; and, the amendments to the Declaration of Policy on Human Dignity be presented at a future City Council Meeting, October 3, 2023 to the City Council for approval of the newly amended Declaration of Policy on Human Dignity. Attachment(s): 1.Burns - Amending the Declaration of Policy on Human Dignity City of Huntington Beach Printed on 7/26/2023Page 1 of 1 powered by Legistar™ CITY OF HUNTINGTON BEACH CITY COUNCIL MEETING – COUNCIL MEMBER ITEMS REPORT TO: CITY COUNCIL FROM: PAT BURNS, COUNCIL MEMBER DATE: AUGUST 1, 2023 SUBJECT: AMENDING THE DECLARATION OF POLICY ON HUMAN DIGNITY ISSUE STATEMENT On November 16, 2021, the HB City Council adopted the “A Declaration of Policy About Human Dignity” of May 6, 1996 be amended and renamed “Declaration of Policy on Human Dignity”. I am requesting that the HB City Council amend this document. The November 16, 2021 amendment included significant revisions to the language of the May 1996 Declaration. I believe that it is time for amendments to be made to the November 16, 2021 Declaration. RECOMMENDED ACTION I am recommending that the City Council amend the Declaration of Policy on Human Dignity through an Ad Hoc committee of three City Council members appointed by the Mayor; and, the amendments to the Declaration of Policy on Human Dignity be presented at a future City Council Meeting, October 3, 2023 to the City Council for approval of the newly amended Declaration of Policy on Human Dignity. STRATEGIC PLAN GOAL Not applicable