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2024-02-20 Agenda Packet
IN-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, February 20, 2024 Council Chambers 2000 Main Street Huntington Beach, CA 92648MAYOR AND CITY COUNCIL GRACEY VAN DER MARK, Mayor PAT BURNS, Mayor Pro Tem RHONDA BOLTON, Councilmember DAN KALMICK, Councilmember CASEY McKEON, Councilmember NATALIE MOSER, Councilmember TONY STRICKLAND, Councilmember STAFF ERIC G. PARRA, Interim City Manager MICHAEL E. GATES, City Attorney ROBIN ESTANISLAU, City Clerk ALISA BACKSTROM, City Treasurer 1 AGENDA February 20, 2024City Council/Public Financing Authority 5:00 PM - COUNCIL CHAMBERS CALL TO ORDER ROLL CALL Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, Kalmick Councilmember McKeon has requested permission to be absent pursuant to Resolution No. 2001-54. CITY COUNCIL MEMBER 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 24-1211.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Page v. City of Huntington Beach, et al.; OCSC Case No.: 30-2022-01280954. 24-1222.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Clayton-Tarvin (Gina) v. City of Huntington Beach, Michael Gates, et al.; OCSC Case No.: 30-2023-01329927. Page 1 of 9 2 AGENDA February 20, 2024City Council/Public Financing Authority 6:00 PM – COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING ROLL CALL Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, Kalmick Councilmember McKeon has requested permission to be absent pursuant to Resolution No. 2001-54. 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. 24-1393.Huntington Beach Fire and Police Chaplain Roger Wing 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 Page 2 of 9 3 AGENDA February 20, 2024City Council/Public Financing Authority 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. 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 CLERK'S REPORT 24-1404.Presentation on the Safe and Sane Fireworks Stand Application and Lottery Process for 2024 CITY MANAGER'S REPORT 24-1455.Caltrans Pacific Coast Highway Construction Update CONSENT CALENDAR (Items 6-23) City Clerk 24-1386.Approve and Adopt Minutes Approve and adopt the City Council/Public Financing Authority regular meeting minutes of February 6, 2024. Recommended Action: City Treasurer 24-0847.Receive and File the City Treasurer’s Quarterly Investment Report for December 2023 Receive and File the City Treasurer’s Quarterly Investment Report for December 2023, pursuant to Section 18.0 of the Investment Policy of the City of Huntington Beach. Recommended Action: Community Development 24-1138.Consider and direct staff to forward the 2023 Housing Element Page 3 of 9 4 AGENDA February 20, 2024City Council/Public Financing Authority Annual Progress Report to the California Department of Housing and Community Development and the Governor’s Office of Planning and Research Approve the 2023 Housing Element Annual Progress Report, and direct staff to submit the 2023 Housing Element APR to the California Department of Housing and Community Development and Governor’s Office of Planning and Research. Recommended Action: 24-0769.Approve Final Tract Map No. 19118, accept bonds and authorize execution of a Subdivision Agreement for the Holly Triangle Townhomes subdivision by Bonanni Development Company IV, LLC at 19070 Holly Lane A)Approve Final Tract Map No. 19118 and accept the offer of easements pursuant to findings and requirements (Attachment No.1); and, B) Approve and authorize the Mayor and City Clerk to execute the Subdivision Agreement by and between the City of Huntington Beach and Bonanni Development Company IV, LLC (Attachment No. 6); and, C) Accept Faithful Performance Bond No. 4470394, Labor and Material Bond No. 4470394, and Monument Bond No. 4470395 as sureties (Attachment No. 7) for the installation of the subdivision’s required public improvements and survey monumentation; and, D) Instruct the City Clerk to file the respective bonds with the City Treasurer and notify the Surety, SureTec Insurance Company, of this action. Recommended Action: Community and Library Services 24-11910.Approve and execute a 5-year Joint Use Agreement between the City of Huntington Beach and the Westminster School District for Clegg-Stacey Park on 6161 Larchwood Drive Authorize the Mayor and City Clerk to execute and approve a Joint Use Agreement between the City of Huntington Beach and the Westminster School District for use of Clegg-Stacey Park. Recommended Action: 24-12011.Approve and execute a 5-year Recreation Facility Use Agreement between the City of Huntington Beach and the Huntington Beach City School District for joint use of school recreation facilities Recommended Action: Page 4 of 9 5 AGENDA February 20, 2024City Council/Public Financing Authority Authorize the Mayor and City Clerk to execute and approve a Recreation Use Agreement between the City of Huntington Beach and Huntington Beach City School District for joint use of school recreation facilities. 24-13712.Approve the formal naming of parkland located at 17281 Eucalyptus Lane as “Vella Park,” as recommended by the Community & Library Services Commission Approve the naming of parkland located at 17281 Eucalyptus Lane, “Vella Park,” in honor of fallen Police Officer Nicholas Vella , as recommended by the Community & Library Services Commission. Recommended Action: 24-14413.Approve and execute a five-year Professional Services Contract between the City of Huntington Beach and PSQ Productions for production and management service of the annual Independence Day Celebration Approve and authorize the Mayor and City Clerk to execute a Professional Services Contract between the City of Huntington Beach and PSQ Productions for production and management service of the annual Independence Day Celebration. Recommended Action: 24-15414.Adopt Resolution No 2024-08 revising and restating Resolution No. 2016-01 related to implementing Charter Section 805 and Municipal Code Chapter 5.90 regarding the number of permits issued for Safe and Sane Fireworks from fifteen (15) to sixteen (16) Adopt Resolution No 2024-08, “A Resolution of the City Council of the City of Huntington Beach revising and restating Resolution No. 2016-01 related to implementing Charter Section 805 and Municipal Code Chapter 5.90 regarding safe and sane fireworks.” Recommended Action: Fire 23-105015.Approve and authorize execution of three (3) contracts: Oil Well Abandonment, Civic Center Lease Closure, and Miley Keck Tank Farm Lease Closure and approve an appropriation of $1,236,763 in HB Recovery Funds for the Project A)Approve and authorize the Mayor and City Clerk to execute a $1,099,770 “Agreement between the City of Huntington Beach and Excalibur Well Services Corp. for Oil Well Abandonment;” and, Recommended Action: Page 5 of 9 6 AGENDA February 20, 2024City Council/Public Financing Authority B)Approve and authorize the Mayor and City Clerk to execute a $405,514 “Service Agreement between the City of Huntington Beach and O.C. Vacuum, Inc. for Civic Center Lease Closure;” and, C) Approve and authorize the Mayor and City Clerk to execute a $189,932 “Service Agreement between the City of Huntington Beach and American Integrated Services, Inc. for Miley Keck Tank Farm Lease Closure”. D) Authorize the appropriation and transfer of $1,236,763 in HB Recovery Reserves to Business Unit 31465001 (Oil Well Abandonment) to fund the unbudgeted portion of the project. 24-12316.Approve and authorize execution of a “Health Plan-Provider Agreement - Intergovernmental Transfer Rate Range Program Agreement” between CalOptima Health and the City of Huntington Beach Approve and authorize execution of a “Health Plan-Provider Agreement - Intergovernmental Transfer Rate Range Program Agreement” between CalOptima Health and the City of Huntington Beach Recommended Action: Police 24-08717.Approve and authorize a six-month extension to a Service Agreement with the City of Newport Beach for Public Safety Helicopter Services Approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Services Agreement For Public Safety Helicopter Support Between the City of Huntington Beach and the City of Newport Beach.” Recommended Action: 24-10318.Approve and authorize a one-year contract extension with Universal Protection Services, LP, DBA Allied Universal Security Services (UASS) for street sweeping parking enforcement services Approve and authorize “Amendment No. 2 to Service Agreement between the City of Huntington Beach and Universal Protection Services, LP DBA Allied Universal Security Services (UASS) for Street Sweeping Enforcement Services” not to exceed $411,269.45 for the next calendar year; and authorize the Mayor and City Clerk to execute the attached contract. Recommended Action: 24-08319.Approve and accept the California Office of Emergency Services Page 6 of 9 7 AGENDA February 20, 2024City Council/Public Financing Authority (Cal OES) Violence Against Women Act Grant (LE23 07 6860); authorize the Chief of Police to execute documents; approve appropriations and contract Amendment No. 3 with Waymakers in the amount of $116,032 for continued management of the Victim and Witness Assistance Services Program A)Accept the grant between the State of California, Governor’s Office of Emergency Services (Cal OES) and the City of Huntington Beach; B) Assign authority to the Chief of Police as the official to execute and sign for the award and to approve amendments and extensions; C) Approve the appropriation and expenditure of $270,857 of which $203,143 is to be fully reimbursed by the grant from Cal OES. The remaining $67,714 will be funded from appropriations in the Police Department’s budget; and D) Approve and authorize “Amendment No. 3 to Agreement between the City of Huntington Beach and Waymakers for Victim and Witness Assistance Services.” Recommended Action: Public Works 24-07920.Accept the lowest responsive and responsible bid and authorize execution of a construction contract with R.J. Noble Company in the amount of $4,044,900 for the Residential Zone 1 Street Maintenance Project, CC-1743 A)Accept the lowest responsive and responsible bid submitted by R.J. Noble Company in the amount of $4,044,900; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Recommended Action: 24-09421.Accept the lowest responsive and responsible bid and authorize execution of a construction contract with Nobest, Inc. in the amount of $315,000 for the Residential Zone 1 Curb Ramp Project, CC-1742 A) Accept the lowest responsive and responsible bid submitted by Nobest Inc. in the amount of $315,000; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Recommended Action: Page 7 of 9 8 AGENDA February 20, 2024City Council/Public Financing Authority 24-12422.Adopt Resolution No. 2024-07 approving the submittal of two applications to the Orange County Transportation Authority (OCTA) for grant funding for Special Event Shuttle Services and the HB Circuit Program Adopt Resolution No. 2024-07, “A Resolution of the City Council of the City of Huntington Beach Authorizing the Submittal of Two Project Applications: Special Event Shuttle Service and HB Circuit Rideshare Program to the Orange County Transportation Authority for Funding Under the Project V Community-Based Transit/Circulators Program”. Recommended Action: 24-12723.Adopt Resolution No. 2024-05 certifying that the City has the resources to implement the projects to be included in the FY 2024/25 - FY 2029/30 Federal Transportation Improvement Program (FTIP) as required by the Orange County Transportation Authority (OCTA) Adopt Resolution No. 2024-05, “A Resolution of the City Council of the City of Huntington Beach Certifying that the City has the Resources to Fund the Projects in the FY 2024/25 - 2029/30 Transportation Improvement Program and Affirms its Commitment to Implement All Projects in the Program.” Recommended Action: COUNCIL MEMBER ITEMS 24-14324.Item Submitted by Council Member Moser - Request for Transparency and Detailed Reporting on the Implementation of Resolution 2023-41 Regarding Library Material Accessibility I request City staff to prepare and present a comprehensive report on the various aspects related to the implementation of Resolution 2023-41. This includes criteria for material assessment and relocation; list of relocated materials; newly acquired materials; library access changes; community engagement and feedback process; digital assets; and clarification on youth re-carding process. This report is requested to be prepared and presented at the next available City Council meeting. In the interim, staff is also asked to make (1) the criteria for assessment and re-location; and (2) the list of relocated books and materials available to the public as soon as possible (available at each library location and via the library website) to ensure ongoing transparency and community engagement. Recommended Action: ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, March 5, 2024, in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. Page 8 of 9 9 AGENDA February 20, 2024City Council/Public Financing Authority 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 10 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-121 MEETING DATE:2/20/2024 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Page v. City of Huntington Beach, et al.; OCSC Case No.: 30-2022- 01280954. City of Huntington Beach Printed on 2/14/2024Page 1 of 1 powered by Legistar™11 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-122 MEETING DATE:2/20/2024 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Clayton-Tarvin (Gina) v. City of Huntington Beach, Michael Gates, et al.; OCSC Case No.: 30-2023-01329927. City of Huntington Beach Printed on 2/14/2024Page 1 of 1 powered by Legistar™12 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-139 MEETING DATE:2/20/2024 Huntington Beach Fire and Police Chaplain Roger Wing City of Huntington Beach Printed on 2/14/2024Page 1 of 1 powered by Legistar™13 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-140 MEETING DATE:2/20/2024 Presentation on the Safe and Sane Fireworks Stand Application and Lottery Process for 2024 City of Huntington Beach Printed on 2/14/2024Page 1 of 1 powered by Legistar™14 2024 Safe and Sane Fireworks Stand Application and Lottery Process February 20, 2024 ----~ -----------===- ----~~~ ------~ -- -~---~ ----=--------==--- ---~ ~-==--=-- 15 Application Period: March 1 through March 29 Permits: The maximum number of permits that may be issued during any one calendar year shall be fifteen, with a maximum number of five permits issued to qualified organizations in each of the following categories: Civic Organizations High School Youth Sports 16 CIVIC ORGANIZATIONS (5): Organizations operating within the City whose sole purpose is for civic betterment or charitable or religious purposes to and for the citizens of Huntington Beach –EXCLUDES high school extracurricular activities or youth or adult sports groups Approved applications will be entered into a lottery drawing held at the April 16 City Council meeting _..::------------_-___ -------- -.......-~----~ ---------~ ----=------==---~.:..~ ~ 17 HIGH SCHOOL (5): High schools operating within the City that agree to use the proceeds for the benefit of valid student extracurricular activities/sports shall be allowed to submit one application Each public high school may be awarded one permit; upon application receipt and approval, each high school shall hold a lottery among its student clubs and organizations, and can dedicate its stand to not more than two groups 18 HIGH SCHOOL (Private) ❖A private high school may submit an application for the fifth high school permit ❖If no private high school applies, the four public high schools will be entered into the lottery drawing for the fifth high school permit _..::------------_-___ -------- -.......-~----~ ---------~ ----=------==---~.:..~ ~ 19 YOUTH SPORTS (5): Organizations operating within the City whose main purpose is to benefit a valid youth sports activity –EXCLUDES individual club or travel sports teams, or high school extracurricular activities/sports groups Approved applications will be entered into a lottery drawing held at the April 16 City Council meeting 20 APPLICATION PROCESS Prior to March 1, applicants successful in the 2023 application process will be notified by email of the 2024 process; and, A public announcement regarding the 2024 application process will be posted to local social media sites _..::------------_-___ -------- -.......-~----~ ---------~ ----=------==---~.:..~ ~ 21 APPLICATION PROCESS At the conclusion of the lottery drawing held on April 16, representatives from the Fire Department will contact successful applicants to explain what happens next, and to distribute temporary fireworks stand sales applications. For more information, visit these online resources: Fireworks Information –2024 http://www.huntingtonbeachca.gov/fireworks/ HB Municipal Code Chapter 5.90 –Fireworks 22 Questions? 23 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-145 MEETING DATE:2/20/2024 Caltrans Pacific Coast Highway Construction Update City of Huntington Beach Printed on 2/14/2024Page 1 of 1 powered by Legistar™24 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-138 MEETING DATE:2/20/2024 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 regular meeting minutes dated February 6, 2024, require review and approval. Financial Impact: None. Recommended Action: Approve and adopt the City Council/Public Financing Authority regular meeting minutes of February 6, 2024. 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. CC/PFA regular meeting minutes of February 6, 2024 City of Huntington Beach Printed on 2/14/2024Page 1 of 1 powered by Legistar™25 Minutes City Council/Public Financing Authority City of Huntington Beach Tuesday, February 6, 2024 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 CALLED TO ORDER — 5:01 PM ROLL CALL Present: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick Absent: None CITY COUNCIL MEMBER COMMENTS (3-Minute Time Limit) Councilmember Bolton acknowledged celebration of Black History Month and thanked the Public Works Department for their efforts in managing current extreme weather conditions; Mayor Pro Tem Burns congratulated all involved in the successful Surf City Marathon with about 18,000 participants; Councilmember Moser acknowledged HB Reads One Book and encouraged people to visit the HB Reads website to learn about the book being recognized in 2024. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO CLOSED SESSION ITEMS (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: Closed Session Item #5 (1 email communication); and Item #6 (1 letter). PUBLIC COMMENTS PERTAINING TO CLOSED SESSION (3-Minute Time Limit) — None RECESSED TO CLOSED SESSION — 5:06 PM Mayor Van Der Mark announced Item Nos. 1 and 2 (Conference with Real Property Negotiators). A motion was made by Strickland, second Burns, to adjourn to Closed Session for Items 1 – 6. Councilmember Kalmick announced he would recuse himself from Closed Session Item #1 regarding the Huntington Central Park Equestrian Center due to potential financial conflict of interest. 26 Council/PFA Regular Minutes February 6, 2024 Page 2 of 12 CLOSED SESSION 1. 24-098 CONFERENCE WITH REAL PROPERTY NEGOTIATORS. Property: Huntington Central Park Equestrian Center located at 18381 Goldenwest Street, Huntington Beach, CA 92648 (APN: 894-901-96). Agency Negotiators: Eric Parra, Interim City Manager; Chris Cole, Community & Library Services Manager; William Krill, Public Works Real Estate & Project Manager. Negotiating Parties: (Not Present) Mary Behrens, President, National Equestrian Centers, Inc. Under negotiation: Amendment to the current lease extending the terms of the for lease ten (10) years and provide for specific capital improvements. 2. 24-099 CONFERENCE WITH REAL PROPERTY NEGOTIATORS. Property: Encyclopedia lots: APN 110-182-11 and APN 110-152-23. Agency negotiators: Eric Parra, Interim City Manager; Travis Hopkins, Assistant City Manager; Chu Vu, Public Works Director; Ashley Wysocki, Community and Library Services Director; and William Krill, Public Works Real Estate & Project Manager. Negotiating parties: Richard Bemis, Property owner, Not present. Under negotiation: Price and terms of payment. 3. 24-096 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Antounian (Maral) v. Weatherly Bay Homeowner’s Association and City of Huntington Beach; OCSC Case No.: 30-2023- 01315238. 4. 24-100 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Segal-Kaloski (Pamela) v. City of Huntington Beach, et al.; OCSC Case No.: 30-2021-01222791. 5. 24-097 CONFERENCE WITH LEGAL COUNSEL-LITIGATION. (Gov. Code section 54956.9(d)(4).): Number of matters: One (1) - Confer with City Attorney regarding a request to provide Amicus support with regard to Gloria Johnson, et al. v. City of Grants Pass; United States Court of Appeals for the Ninth Circuit Case Nos. 20- 35752;20-35881; United States District Court for the District of Oregon Case No. 1:18-cv-01823-CL. 6. 24-109 CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION (Paragraph (2) or (3) of subdivision (d) of Gov. Code § 54956.9). Significant exposure to litigation: One (1). 6:00 PM — COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:03 PM ROLL CALL Present: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick Absent: None PLEDGE OF ALLEGIANCE — Led by Councilmember Strickland INVOCATION 27 Council/PFA Regular Minutes February 6, 2024 Page 3 of 12 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. 7. 24-102 Huntington Beach Police Chaplain James Pike CLOSED SESSION REPORT BY CITY ATTORNEY City Attorney Michael Gates reported in response to Closed Session Item #5, Gloria Johnson, et al. v. City of Grants Pass; United States Court of Appeals for the Ninth Circuit Case Nos. 20-35752;20-35881; United States District Court for the District of Oregon Case No. 1:18-cv-01823-CL, the City Council voted 4 – 3 (Moser, Bolton, and Kalmick — Abstain) to authorize the City Attorney to move forward with filing/joining Amicus Briefing with the current appeal to be heard in the U.S. Supreme Court. 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: Council Committee Appointment Announcements, Item #8 (1 Councilmember memorandum, 4 email communications); Consent Calendar, Item #9 (1 staff memorandum); #12 (2 email communications); and Councilmember Items #14 (64 email communications). PUBLIC COMMENTS (2-Minute Time Limit due to the number of speakers) — 71 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. Andrew Einhorn, resident of Huntington Beach, was called to speak and stated that the elections held by the Orange County Registrar of Voters are fair and honest, and encouraged anyone who thinks otherwise to take an operational tour of the Council facility and see firsthand for themselves. (00:19:00) Mary Jo Baretich was called to speak and stated her opposition to Measure A on the March 5, 2024, Statewide Primary ballot. (00:21:25) Shirley Dettloff, former Mayor and Huntington Beach resident since 1964, was called to speak and shared her opinions regarding some recent bad Councilmember decisions. (00:23:07) Unnamed Guest was called to speak and stated her opposition to Measures A, B, and C on the March 5, 2024, Statewide Primary ballot. (00:25:27) Jeanne Paris, Huntington Beach resident for 28 years, was called to speak and stated her support for Measures A, B, and C on the March 5, 2024, Statewide Primary ballot. Ms. Paris also stated her support for Councilmember Items #14 regarding Mayor Pro Tem Burns’ Statement of Solidarity with Texas. (00:27:35) Ann Palmer was called to speak and stated her support for Councilmember Items #14 regarding Mayor Pro Tem Burns’ Statement of Solidarity with Texas. (00:29:18) 28 Council/PFA Regular Minutes February 6, 2024 Page 4 of 12 Deb Janus, 44-year Huntington Beach resident, was called to speak, shared examples of voter fraud, and stated her support for Councilmember Items #14 regarding Mayor Pro Tem Burns’ Statement of Solidarity with Texas. (00:31:35) Kathy Carrick, 49-year Huntington Beach resident, was called to speak and thanked Councilmembers for their many accomplishments and encouraged all residents to learn to communicate cooperatively with compassion and maturity in reaching productive solutions. (00:33:46) Delaine Bailey, 10-year Huntington Beach resident, was called to speak and stated her support for an end to voting machines and returning to in-person voting with paper ballots hand counted with same-day results. (00:35:39) Luanne Nichols Shoup, a fourth-generation Huntington Beach property owner, was called to speak and shared that her son who is a Florida homeowner, licensed to drive in Florida for the last four years, still receives voting mailers from the Orange County Registrar of Voters at her address in his name, as well as a recent Jury Summons for Westminster Court. (00:37:33) Patricia Pappas, 44-year Huntington Beach resident, was called to speak and stated her support for Measures A, B and C on the March 5, 2024, Statewide Primary ballot, and for Councilmember Items #14 regarding Mayor Pro Tem Burns’ Statement of Solidarity with Texas. (00:38:56) Pat Goodman, Huntington Beach resident, was called to speak and stated her opposition to Measures A, B and C on the March 5, 2024, Statewide Primary ballot. (00:41:37) Connie Boardman, former Mayor and eight-year former Councilmember was called to speak and stated her opposition to Measures A, B and C on the March 5, 2024, Statewide Primary ballot. (00:43:13) Barbara Richardson, 51-year Huntington Beach resident, was called to speak and stated her opposition to Measures A, B and C on the March 5, 2024, Statewide Primary ballot. (00:45:28) David Rynerson, 25-year resident, was called to speak and stated his opposition to Measures A, B and C on the March 5, 2024, Statewide Primary ballot. (00:47:04) Karen Carroll, 50-year resident of Huntington Beach, was called to speak and stated her opposition to Measures A, B and C on the March 5, 2024, Statewide Primary ballot. (00:49:01) Kathryn Goddard, a resident since the 1980s, was called to speak and stated her opposition to Measures A, B and C on the March 5, 2024, Statewide Primary ballot. (00:51:05) Brenda Glim was called to speak and stated her opposition to Measures A, B and C on the March 5, 2024, Statewide Primary ballot, and for Councilmember Items #14 regarding Mayor Pro Tem Burns’ Statement of Solidarity with Texas. (00:53:16) Carol Daus, 29-year Huntington Beach resident, was called to speak, asked for better Councilmember transparency, and stated her opposition to Measures A and B on the March 5, 2024, Statewide Primary ballot. (00:56:16) Melvyn Sterling, former Chair of Emergency Services at University of California, Irvine (UCI), was called to speak and stated his opposition to Councilmember Items #14 regarding Mayor Pro Tem Burns’ Statement of Solidarity with Texas. (00:58:30) 29 Council/PFA Regular Minutes February 6, 2024 Page 5 of 12 Unnamed Guest, a 25-year resident and homeowner, was called to speak and stated her opposition to Measures A, B and C on the March 5, 2024, Statewide Primary ballot. (01:00:17) Unnamed Guest, Huntington Beach homeowner and voter since 1985, was called to speak and stated her opposition to Measures A, B and C on the March 5, 2024, Statewide Primary ballot. (01:02:28) Unnamed Guest was called to speak and stated her opposition to Measures A, B and C on the March 5, 2024, Statewide Primary ballot. (01:04:17) Michael Craigs, seven-year resident, was called to speak and stated his opposition to Measures A, B and C on the March 5, 2024, Statewide Primary ballot. (01:06:26) Unnamed Guest was called to speak and stated her opposition to Measures A, B and C on the March 5, 2024, Statewide Primary ballot. (01:08:22) Jimmy Pham, an Immigration Attorney, State Assembly District 70 Candidate and resident of Westminster, was called to speak and stated his opposition to Councilmember Items #14 regarding Mayor Pro Tem Burns’ Statement of Solidarity with Texas. (01:10:31) Dom Jones, State Assembly District 72 Candidate, was called to speak and shared her opinions on Measures A, B and C on the March 5, 2024, Statewide Primary ballot. (01:12:00) Linda Moon, Huntington Beach resident, was called to speak and stated opposition to Measures A, B and C on the March 5, 2024, Statewide Primary ballot. (01:14:41) Paula Schaffer, a resident of Huntington Beach since the early 1990s, was called to speak and stated opposition to Measures A, B and C on the March 5, 2024, Statewide Primary ballot. (01:16:50) Don Kennedy was called to speak and stated support for Measures A and B on the March 5, 2024, Statewide Primary ballot. (01:18:58) Butch Twining, a 58-year resident of Huntington Beach, was called to speak and stated support for Councilmember Items #14 regarding Mayor Pro Tem Burns' Statement of Solidarity with Texas; and support for Measure C on the March 5, 2024 Statewide Primary ballot. (01:21:10) Chad Williams was called to speak and stated his support for Councilmember Items #14 regarding Mayor Pro Tem Burns' Statement of Solidarity with Texas; and stated support for City Council Candidates Don Kennedy, Butch Twining and Chad Williams in November 2024. (01:23:21) Joanne Arvizu, 49-year resident of Huntington Beach, was called to speak and stated opposition to Measures A, B and C on the March 5, 2024, Statewide Primary ballot. (01:26:11) Diane Bentley, 23-year Huntington Beach resident, was called to speak and stated opposition to Measures A, B and C on the March 5, 2024, Statewide Primary ballot. (01:29:03) Paul Horgan, Huntington Beach resident, was called to speak and stated opposition to Measures A, B and C on the March 5, 2024, Statewide Primary ballot. (01:30:31) Jeff Lebow, 38-year homeowner and taxpayer, was called to speak, acknowledged Black History Month and stated opposition to Measure B on the March 5, 2024, Statewide Primary ballot and opposition to 30 Council/PFA Regular Minutes February 6, 2024 Page 6 of 12 Councilmember Items #14 regarding Mayor Pro Tem Burns' Statement of Solidarity with Texas. (01:32:44) Lynne Deakers, 44-year Huntington Beach resident, was called to speak and shared her concerns related to Council Committee Appointment Announcements Item #8 regarding the unbalanced City Council Liaison representation for citizen boards, commissions, committees and task forces; and stated opposition to Councilmember Items #14 regarding Mayor Pro Tem Burns' Statement of Solidarity with Texas. (01:34:57) Larry Slonin, over 44-year resident of Huntington Beach, was called to speak and stated opposition to Councilmember Items #14 regarding Mayor Pro Tem Burns' Statement of Solidarity with Texas and opposition to Measures A, B and C on the March 5, 2024, Statewide Primary ballot. (01:37:09) Unnamed Guest was called to speak and stated support for Measure A on the March 5, 2024, Statewide Primary ballot, and Councilmember Items #14 regarding Mayor Pro Tem Burns' Statement of Solidarity with Texas. (01:39:17) Kathy McGuire was called to speak and stated opposition to Measures A, B and C on the March 5, 2024, Statewide Primary ballot. (01:41:29) Synde, Huntington Beach voter, was called to speak and stated opposition to Councilmember Items #14 regarding Mayor Pro Tem Burns' Statement of Solidarity with Texas. (01:43:40) Debbie Cook was called to speak and stated opposition to Measures A, B and C on the March 5, 2024, Statewide Primary ballot. (01:46:30) Tom McGrath, Independent Candidate, U. S. House of Representatives, was called to speak and shared his election platform to address federal debt, climate change and healthcare. (01:48:12) Ken Inouye, 50-year Huntington Beach resident, was called to speak and shared his opinions regarding the City's financial health crisis. (01:50:22) Janet Jacobs, 40-year resident homeowner, was called to speak, thanked the Council Majority and City Attorney Michael Gates for their service and stated support for Measures A and B on the March 5, 2024, Statewide Primary ballot, and support for Councilmember Items #14 regarding Mayor Pro Tem Burns' Statement of Solidarity with Texas. (01:52:05) Russ Neal, Huntington Beach resident, was called to speak and stated support for Councilmember Items #14 regarding Mayor Pro Tem Burns' Statement of Solidarity with Texas. (01:54:16) Unnamed Guest, Huntington Beach youth resident, was called to speak and stated support for Councilmember Items #14 regarding Mayor Pro Tem Burns' Statement of Solidarity with Texas. (01:56:10) Flossie Horgan, long-time Huntington Beach resident, was called to speak and asked why the Council Majority wants to spend unnecessary funds to manage Huntington Beach municipal elections. (01:58:22) Unnamed Guest, resident of Huntington Beach since 1976, was called to speak and stated her opposition to Councilmember Items #14 regarding Mayor Pro Tem Burns' Statement of Solidarity with Texas. (01:59:13) 31 Council/PFA Regular Minutes February 6, 2024 Page 7 of 12 Bethany Webb, 45+-year Huntington Beach resident, was called to speak and stated opposition to Measures A, B and C on the March 5, 2024, Statewide Primary ballot, and opposition to Councilmember Items #14 regarding Mayor Pro Tem Burns' Statement of Solidarity with Texas. (02:01:44) Wendy Rincon, 50-year resident, was called to speak and stated opposition to Measures A, B and C on the March 5, 2024, Statewide Primary ballot, and opposition to Councilmember Items #14 regarding Mayor Pro Tem Burns' Statement of Solidarity with Texas. (02:04:35) Tim Geddes was called to speak and asked for consistency by providing a policy regarding the time allowed for public speakers. (02:07:11) Suzanne Hart was called to speak and stated opposition to Councilmember Items #14 regarding Mayor Pro Tem Burns' Statement of Solidarity with Texas. (02:08:37) D. Boyce, 10-year resident of Huntington Beach, was called to speak and stated opposition to Councilmember Items #14 regarding Mayor Pro Tem Burns' Statement of Solidarity with Texas. (02:09:40) John Carser, 54-year Huntington Beach resident, was called to speak and stated opposition to Councilmember Items #14 regarding Mayor Pro Tem Burns' Statement of Solidarity with Texas. (02:11:54) Neal was called to speak and stated opposition to Measures A, B and C on the March 5, 2024, Statewide Primary ballot, and opposition to Councilmember Items #14 regarding Mayor Pro Tem Burns' Statement of Solidarity with Texas. (02:14:06) Unnamed Guest was called to speak and stated support for Measures A, B and C on the March 5, 2024, Statewide Primary ballot, and support for Councilmember Items #14 regarding Mayor Pro Tem Burns' Statement of Solidarity with Texas. (02:15:31) Matthew, 44-year Huntington Beach resident, was called to speak and stated opposition to Measures A, B and C on the March 5, 2024, Statewide Primary ballot. (02:17:39) Amory Hanson was called to speak and shared his experience from participating in the Orange County Homeless In Time Count process and encouraged other residents to volunteer and participate. (02:19:52) Unnamed Guest was called to speak and stated opposition to Councilmember Items #14 regarding Mayor Pro Tem Burns' Statement of Solidarity with Texas, and asked that Councilmembers focus on items such as repairing the trail in Shipley Nature Center, ticketing improper use of Downtown parking meters, implementing the plan for vehicular use of Downtown Main Street, and hiring a City Manager. (02:20:27) Sam Shabot was called to speak and stated support for Measures A, B and C on the March 5, 2024, Statewide Primary ballot, and support for Councilmember Items #14 regarding Mayor Pro Tem Burns' Statement of Solidarity with Texas. (02:22:13) Unnamed Guest was called to speak and stated opposition to Measures A, B and C on the March 5, 2024, Statewide Primary ballot, and opposition to Councilmember Items #14 regarding Mayor Pro Tem Burns' Statement of Solidarity with Texas. (02:24:33) 32 Council/PFA Regular Minutes February 6, 2024 Page 8 of 12 Michael Selna, 50-year Huntington Beach resident, was called to speak and stated opposition to Councilmember Items #14 regarding Mayor Pro Tem Burns' Statement of Solidarity with Texas. (02:26:47) Max Ukropina was called to speak and stated support for Councilmember Items #14 regarding Mayor Pro Tem Burns' Statement of Solidarity with Texas. (02:28:48) Dawn Crowley was called to speak, thanked the Council Majority and City Attorney Michael Gates for their service, stated support for Measures A, B and C on the March 5, 2024, Statewide Primary ballot, and support for Councilmember Items #14 regarding Mayor Pro Tem Burns' Statement of Solidarity with Texas. (02:30:32) Harry McLachlan, Huntington Beach resident, was called to speak and stated opposition to Councilmember Items #14 regarding Mayor Pro Tem Burns' Statement of Solidarity with Texas. (02:32:55) Joyce Milani, representing OC Roller Derby, was called to speak and shared details describing Derby membership, as well as practice and game locations. (02:34:21) Unnamed Guest was called to speak and stated opposition to Councilmember Items #14 regarding Mayor Pro Tem Burns' Statement of Solidarity with Texas. (02:36:39) Thomas Sexton, Huntington Beach resident, was called to speak and stated opposition to Councilmember Items #14 regarding Mayor Pro Tem Burns' Statement of Solidarity with Texas. (02:38:46) Valentina Bankhead, Huntington Beach resident, was called to speak and stated support for Measures A, B and C on the March 5, 2024, Statewide Primary ballot, and support for Councilmember Items #14 regarding Mayor Pro Tem Burns' Statement of Solidarity with Texas. (02:41:00) Roger Noor was called to speak and shared information related to his court case and an impounded vehicle. (02:42:50) COUNCIL COMMITTEE APPOINTMENT ANNOUNCEMENTS 8. 24-112 Approved amendments to Mayor Van Der Mark’s 2024 Council Liaison List — January 2024 Mayor Van Der Mark introduced this item and announced she is replacing Councilmember Moser with Mayor Pro Tem Burns as the Downtown Ad Hoc Committee Liaison. Councilmember Kalmick noted there are a number of conflicts with the current liaison assignments in that it appears there are multiple meetings scheduled at the same time which will require liaisons to pick and choose which meeting they can attend. He added it is unfortunate that three Councilmembers are not being utilized and noted for the record that many of the groups provide a stipend for meeting attendance. Councilmember Bolton confirmed that there are approximately 30 citizen boards, commissions, committees and task forces and noted Mayor Van Der Mark is liaison for 25 of those groups, while Councilmembers Bolton and Moser each represent only two of these groups. She asked the residents in attendance if they feel adequately represented by Mayor Van Der Mark's appointments. 33 Council/PFA Regular Minutes February 6, 2024 Page 9 of 12 Councilmember Moser expressed appreciation for being assigned to the Parks and Council on Aging committees and shared her disappointment at having been removed from the Homeless Task Force. Councilmember Moser noted there was no prior discussion regarding her removal from the Downtown Ad Hoc Committee, and asked Mayor Van Der Mark why this change is being made. Mayor Van Der Mark responded she is correcting an oversight of not making this change earlier. After further discussion, Councilmember Moser stated her disappointment that there are fewer boards and commissions compared to previous Councils. Mayor Pro Tem Burns described a conversation, after being newly elected, with an experienced Councilmember who stated that disagreements among Councilmembers "is politics." He also noted that he attended the Santa Ana River Flood Protection Agency (SARFPA) meeting immediately followed by the Harbor Commission meeting last week with no problems. Mayor Van Der Mark stated that the only meeting conflict, according to Councilmember Kalmick's list, was the Intergovernmental Relations Committee and West Orange County Water Board which has been resolved. She thanked Councilmember Kalmick for his concern and noted the issue of meeting conflicts is under control. A motion was made by Strickland, second Burns to, as recommended by the City Council, Public Financing Authority, Housing Authority, Parking Authority, and Successor Agency: approve amendments to the 2024 Council Liaison List that includes appointments to citizen boards, commissions, committees, and task forces as presented by Mayor Van Der Mark. The City Clerk certifies that FPPC Form 806 "Agency Report of Public Official Appointments" which is used to report additional compensation that officials receive when appointing themselves to positions on committees, boards or commissions of a public agency, special district and joint powers agency or authority was posted to the City's website according to law prior to this vote. The motion carried by the following roll call vote: AYES: Burns, Van Der Mark, Strickland, and McKeon NOES: Moser, Bolton, and Kalmick AB 1234 REPORTING — None OPENNESS IN NEGOTIATION DISCLOSURES — None CITY MANAGER’S REPORT — None CONSENT CALENDAR (Items 9-13) Councilmember Kalmick pulled Consent Calendar Items #10 and #12 for further discussion. City Clerk 9. 24-091 Approved and Adopted Minutes as amended by Supplemental Communication A motion was made by Strickland, second Kalmick to approve and adopt the City Council/Public Financing Authority regular meeting minutes of January 16, 2024. The motion as amended carried by the following roll call vote: 34 Council/PFA Regular Minutes February 6, 2024 Page 10 of 12 AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None 10. 24-090 Received and Filed Monthly Update of Activities for Citizen Boards, Commissions, Committees (BCCs) and Regional Agencies — December 2023 and January 2024 Councilmember Kalmick pulled this item to note that Councilmembers do not currently get Regional Board Liaison updates and noted that board, commission, committee or regional agency minutes do not appear in a timely fashion, especially for those groups that only meet quarterly. He added that Council Liaison reports are critical for being aware of current issues. Councilmember Bolton clarified for the public that this item concerns the reports on the activities of the citizen boards, commissions, committees and regional agencies which were discussed under Agenda Item #8. She noted that when she used the link provided in this Activity Report for the Orange County Sanitation District, for instance, there was nothing posted there about their January meeting. She asked for a return to the previous policy with timely written reports by the Council Liaison providing a summary for the meetings they attend. A motion was made by Kalmick, second Strickland to receive and file the Monthly Update of Activities for Citizen Boards, Commissions, Committees (BCCs) and Regional Agencies — December 2023 and January 2024. The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None 11. 24-037 Received and filed the City Clerk’s quarterly listing of professional services contracts filed in the City Clerk’s Office between October 1, 2023 and December 31, 2023 A motion was made by Strickland, second Kalmick to receive and file the "List of Professional Services Contracts Approved by Department Heads and Submitted to the Office of the City Clerk during the period of October 1, 2023 and December 31, 2023." The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None City Manager 12. 24-078 Adopted Resolution No. 2024-06 approving the 2024 Huntington Beach Legislative Platform Councilmember Kalmick pulled this item to acknowledge the Intergovernmental Relations Committee (IRC) work on this item, and suggested adding items like coastal cleanup, wetlands restoration, broadband and technology service improvements, cybersecurity initiatives, and air quality concerns. 35 Council/PFA Regular Minutes February 6, 2024 Page 11 of 12 Councilmember Strickland suggested approving this item as presented, and bringing it back in the future for further review and encouraged each Councilmember to add to the list as they become aware of additional federal or state resources. Councilmember Kalmick suggested the proper procedure should have been presenting this as a Study Session to allow for full Council discussion. A motion was made by Strickland, second Kalmick to adopt Resolution No. 2024-06, "A Resolution of the City Council of the City of Huntington Beach Adopting the City of Huntington Beach Legislative Platform." The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None Community Development 13. 24-069 Approved the Reappointment of Jeffrey Dahl to the Design Review Board for a second term A motion was made by Strickland, second Kalmick to approve the reappointment of Jeffrey Dahl as an At-Large member of the Design Review Board for a term to expire July 31, 2027. The motion carried by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, and Kalmick NOES: None COUNCILMEMBER ITEMS 14. 24-101 Approved as amended item submitted by Mayor Pro Tem Burns — Statement of Solidarity with Texas Councilmember Burns introduced this item by reading his letter of solidarity addressed to Texas Governor Abbott. Councilmember Bolton stated her alignment with the many public speakers who believe the Huntington Beach City Council has many other higher priorities they should be focused on, this item is not appropriate for Councilmember consideration, and added that Mayor Pro Tem Burns’ statement does not represent all residents. Councilmember Strickland shared his opinion that failed federal border policy affects every U. S. state and noted that a majority of state governors support Governor Abbott of Texas. The failed federal border policies affect all Americans when it comes to the availability of fentanyl and increased crime. He added this is a small way to document that many people throughout Huntington Beach want action on this issue regardless of whether they are Republican, Democratic or Independent. Councilmember Moser stated her opinion that each individual has a responsibility to advocate on this important issue with their congressional representatives, and this topic is not appropriate for Huntington Beach Councilmembers. She shared her opinion that this item is another divisive distraction from the work the City Council is responsible for: public safety, clean water, infrastructure, parks, beaches, 36 Council/PFA Regular Minutes February 6, 2024 Page 12 of 12 libraries, conducting an executive search for a City Manager, homelessness, and resident housing needs. Councilmember McKeon shared his opinion that the invasion of illegal migrants at the Texas border, which is exacerbated and allowed by failed federal policies, has made every town across the U. S. a "border" town and all taxpayers are bearing the cost and burden. He added it is estimated the cost to the U. S. taxpayer for the migrant invasion crisis is $451B per year. He believes there is nothing wrong with using the Councilmember platform to bring attention to this crisis and how it affects Huntington Beach. Councilmember Strickland reminded everyone that recently when there were many thefts in the Huntington Harbour and equestrian neighborhoods, District Attorney Todd Spitzer at the time stated many of the break-ins were by a south-of-the-border group. He added this is just one example of how Huntington Beach has been affected by failed federal border policies. Councilmember Kalmick stated some of these anecdotal stories are interesting, and noted he hasn't heard any solutions to the problem being presented. He shared his opinion that this issue is a non- municipal matter but rather is a "feel good" effort. He stated Councilmembers should be thinking about and preparing for issues that will directly impact Huntington Beach residents. He added he believes time is being wasted on a topic that Huntington Beach has no authority nor any control over, and it is time to get back to governing and addressing issues that Huntington Beach residents are concerned about. A motion was made by Burns, second Strickland to request the City Council adopt and sign a Statement of Solidarity with Texas, as amended to send a copy of the Statement of Solidarity to Texas Governor Abbott. The motion as amended carried by the following roll call vote: AYES: Burns, Van Der Mark, Strickland, and McKeon NOES: Moser, Bolton, and Kalmick ADJOURNMENT — At 9:27 PM a motion was made by Strickland, with a second by Burns, to adjourn to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Tuesday, February 20, 2024, 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 37 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-084 MEETING DATE:2/20/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Alisa Backstrom, City Treasurer VIA:Alisa Backstrom, City Treasurer PREPARED BY:Jennifer McCann, Accounting Technician Subject: Receive and File the City Treasurer’s Quarterly Investment Report for December 2023 Statement of Issue: Receive and File the City Treasurer’s Quarterly Investment Report for December 2023, pursuant to Section 18.0 of the Investment Policy of the City of Huntington Beach. Financial Impact: Not Applicable. Recommended Action: Receive and File the City Treasurer’s Quarterly Investment Report for December 2023, pursuant to Section 18.0 of the Investment Policy of the City of Huntington Beach. Alternative Action(s): Deny or Critique Quarterly Investment Report. Analysis: Not Applicable. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable - Administrative Item City of Huntington Beach Printed on 2/14/2024Page 1 of 2 powered by Legistar™38 File #:24-084 MEETING DATE:2/20/2024 Attachment(s): 1. Treasurer’s Quarterly Investment Report for December 2023 2. PowerPoint Presentation Treasurer’s Quarterly Investment Report for December 2023 City of Huntington Beach Printed on 2/14/2024Page 2 of 2 powered by Legistar™39 1 City of Huntington Beach Quarterly Investment Report December 2023 Prepared by: Alisa Backstrom, MBA, CCMT, CPFIM Elected City Treasurer Colin Stevens, MPP Treasury Manager a l--8 IIU NTINC TDN OCACII 40 2 INVESTMENT PORTFOLIO SUMMARY As of December 31, 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, money market funds, and corporate bonds. Only the investment types allowed under California Government code Section 53601 and the City’s Investment Policy Statement are utilized. Portfolio Statistics: The current market value of the portfolio as of December 31, 2023, was $364.0 million versus a book value of $373.4 million. As investments are primarily held to maturity, the market value is only a point - in-time measurement, and no loss is realized. As of December 31, the portfolio book yield was 2.65%, with an effective duration of 1.64 and a weighted average maturity of 1.77 years. Sector Breakdown: The largest holding by security type at month-end was U.S. Agency securities at approximately 49% of the total overall portfolio. This was followed by U.S. Treasury securities at approximately 19% of the total portfolio as of December 31, 2023. Cash held in the Local Government Investment Pools (“LGIP”) has been reduced as higher interest rates have become available in marketable securities. Maturity Distribution: As of December 31, 2023, approximately 37% of the portfolio matured in 0-1 year, with approximately 46% maturing from 1-3 years, and 17% maturing from 3-5 years. a l--8 IIUNTINCTDN OCAC II Portfoli o Investments I Par Value Book Value Market Value Book Value Book Yield Book Yield Days to % of Port Contributi on Maturity Cash / Money Market $1,209,450.90 $1,209,450.90 $1,209 ,450.90 0.32% 5.25 % 0.02% 1 Loca l Govt Inv Pools (LGIP) $31,891,026.62 $31 ,891,026.62 $31,891,026.62 8.54% 5.55 % 0.47% 1 U.S. Treasuries $73,000,000.00 $72 ,656,145.91 $70,349,700.00 19.46% 1.93% 0.38% 564 Supranational $35,000,000.00 $34,405,764.04 $33,574,200.00 9.21% 2.26 % 0.21% 1,017 U.S. Agencies $182,980,000.00 $182,696,557.42 $177,068,676.60 48.93% 2.31 % 1.13% 721 Corporates $51,571,000.00 $50,541,881.06 $49,956,448.85 13.54% 3.27 % 0.44% 664 Tota l $375 ,65 1,477.52 $373,400,825.95 $364,049,502.97 100.00% 2.65% 646 41 3 INVESTMENT PORTFOLIO EARNINGS As of December 31, 2023 Earnings for the month of December 2023 were $767,581, an increase of approximately 66% from the same month in the prior year. Fiscal year to date earnings of $4,581,569 were up approximately 105% 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 December was 2.56%, with a l--8 IIUNTINC TDN OCACII Portfolio Characteristics Portfolio Book Yield 2.65% Weighted Avg 2.43% Coupon Portfolio Market 4.65% Composite Rating Ml Y-leld Effective Duration L64 Number of Securities 74 Held Weighted Avg 1.77 Median Security Size $5,000,000.00 Maturity (Yrs)/WAL Held Weighted Avg 646 Net Asset Value $0.97496 Maturity (Days) (NAV) Issuer Holdings• Top 10 Callable Breakdown 0.00% 10.00% 20.00% 30.00% 40.00% Onetime (1x) 1.87% FHLB 36.60% T 19.46% Quarterly {Dq) 21.06% CAMP Anooal (Da) 3.03% IBRD FFCB Anytime (Cc) 7.32% FNMA Total 33.27% WMT FHLMC IBM CAT 4-SYr 7.07% 3-4Yr 10.05% 2-3Yr 24.79% U.S. Agencies 48,93'6 Maturity Distribution Book Value '6 of Portfollo Sector Breakdown CASH 8.86% 0 -1Yr 28.08% 1·2Yr 21.14% Cash/ Money ,------;====:::;-Market Book Value " of Port 0.32'6 Local Govt Inv Pools (LGIP) 8,54'6 U,S, Treasuries 19.46'6 Supr1n1tlon1I 9 .21'6 ______ Pe_r_io_d_E_a_r_n_in_g_s _S_um_m_a_ry_(3_1_D_a_y_s_) ___ __,I ..... I~ ________________ F=is=c=a_l_YT==D==S_u_m==m=a=ry=_(_1=8=4=D=a=y=s_) _______________ __,_ Net Pe r iod Ea rnings $7 67,580.82 La st FY Perio d N e t Ea rnings $4 6 2,45 9 .62 Avg D ai l y Book Ba lan ce $357,7 06.297.51 Net Effective Annu al Return 2.563% Net Per io d Earni ngs La st FY Pe ri od N e t Earni ngs Avg D a i ly B ook Balance N e t Effective Annual Re t urn $4 ,581,5 6 9 .04 $2 ,2 3 2 ,909.85 $356 ,1 74,314.8 1 2.575% 42 4 a fiscal year-to-date return of 2.58%. The benchmark has increased rapidly with the sharp rise in interest rates through 2022 into 2023. At the end of December, the 12-month moving average of the interpolated 1.5-year U.S. Treasury was 4.85%. 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 October 1 to December 31, 2023 For the quarter ending December 31, 2023, one U.S. Treasury was purchased totaling $5.0 million, two Supranationals was purchased totaling $10.0 million, one U.S. Agency was purchased totaling $4.5 million, and two Corporate Bonds totaling $10 million were purchased. One U.S. Agency matured for $3.0 million, and $2.87 million in Corporate Bonds matured. COMPLIANCE SUMMARY As of December 31, 2023 There were no compliance issues during this period. a l--8 IIU NTINC TDN OCACII $ in 000s Secu r ity Type U.S. Trea suries Supra nati onals U.S. Agencies Co r porate Bo nds TOTALS: INVESTMENT MAXIMUM TYPE MATURITY U .S. T reasuries 5 years U .S . Agencies 5 years Sup ranationals 5 years Corporate Bonds 5 years Money Market 60days Mutual Fu nds CA Asset Management N /A Program (CAMP) T ra ns a cti o n Ty p e: Purch ase Maturity/Sa le $5,000 $10,000 $4ASS $10,000 $29,455 MAXIMUM SPECIFIED % OF $0 $0 $3,000 $2,875 $5,875 MINIMUM QUALITY IN PORTFOLIO/ MAXIMUM PER REQUIREMENTS COMPLIANCE? ISSUE R None None YES None None YES 30% •AA• Rating Cat egory YES 30%/10% ·A · Rating C ate gory YES 1 5 %/10% •AAA. Ratin g Category YES Up t o $75,000,000 None YES Maximum Maturities No more than 50% of portfolio maturing o v er 4 y ears . YES 43 5 ECONOMIC AND MARKET OVERVIEW The Federal Open Market Committee (FOMC) met in December to discuss the current state of the economy and to examine potential future interest rate adjustments. They concluded that the growth of economic activity has slowed from its strong pace in the third quarter and maintained the federal funds rate at 5.25 to 5.50 percent. In determining the extent of additional policy firming that may be appropriate to return inflation to 2 percent over time, the Committee will take into account the cumulative tightening of monetary policy, the lags with which monetary policy affects econom ic activity and inflation, and economic and financial developments. Fixed Income / Equity Markets: The yield on the 10-year U.S. Treasury finished the quarter at 3.88%, down from 4.59% at the end of September, with the 2-year decreasing from 5.03% to 4.23% for the same period. While the Treasury yield curve fell, it remained inverted. The S&P 500 increased by 11.24% and the DJIA increased by 12.48% respectively, for the quarter ending December 31. Employment: Total nonfarm payroll employment rose by 216,000 in December, and the unemployment rate was little changed at 3.7 percent. Notable job gains occurred in government, health care, social assistance, and construction. a l--8 IIUNTINCTDN OCACII MARKET SUMMARY: SEPTEMBER 29, 2023 -DECEMBER 29, 2023 Fed Funds 2-Yr. 10-Yr. As of: Rate Treasury Treasury S&P 500 DJIA 9/29/2023 5.25-5 .50 % 5 .03% 4.59% $ 4 ,288.05 $ 33,507.50 12/29/2023 5.25-5 .50 % 4 .23% 3.88% $ 4,769.83 $ 37,689.54 % Change 0.00% -15.90% -15.47% 11.24% 12.48% 44 Par Value Book Value Market Value Book Value % of Port Book Yield Book Yield Contribution Days to Maturity Cash / Money Market Local Govt Inv Pools (LGIP) U.S. Treasuries Supranational U.S. Agencies Corporates Hold Total $1,209,450.90 $1,209,450.90 $1,209,450.90 0.32%5.25%0.02%1 $31,891,026.62 $31,891,026.62 $31,891,026.62 8.54%5.55%0.47%1 $73,000,000.00 $72,656,145.91 $70,349,700.00 19.46%1.93%0.38%564 $35,000,000.00 $34,405,764.04 $33,574,200.00 9.21%2.26%0.21%1,017 $182,980,000.00 $182,696,557.42 $177,068,676.60 48.93%2.31%1.13%721 $51,571,000.00 $50,541,881.06 $49,956,448.85 13.54%3.27%0.44%664 $375,651,477.52 $373,400,825.95 $364,049,502.97 100.00%2.65%646 Portfolio Investments 12/31/2023 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 December 19, 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) City Portfolio Certification Fiscal YTD Transactions Redemptions 0 Purchases 5 Total Activity 5 Period Transactions Redemptions 10 Purchases 8 Total Activity 18 Net Period Earnings $4,581,569.04 Last FY Period Net Earnings $2,232,909.85 Avg Daily Book Balance $356,174,314.81 $1.00 $1.00 Net Effective Annual Return 2.575% Net Period Earnings $767,580.82 Last FY Period Net Earnings $462,463.79 Avg Daily Book Balance $357,706,297.51 $1.00 $1.00 Net Effective Annual Return 2.563% Fiscal YTD Summary (184 Days)Period Earnings Summary (31 Days) __________________________________________________________________________ sum2 Total Market Value $1.00 $364,049,502.97 sum2 Total Book Value $2.00 $373,400,825.95 Market Value Book Value Par Value Portfolio Summary City of Huntington Beach Portfolio: CITY Reporting Date: (FY2024) 12/01/2023 - 12/31/2023 Full Accrual Basis sum2 Total Par Value $1.00 $375,651,477.52 The City Portfolio uses a 12 month moving average of the 1.5Yr Treasury for comparison purposes. This period, that rate is equal to: 4.850% ____________________________________________ 6 ' i -.: '.L' ~ -·c_ \ ! - ~~ .• -...:-_,,,, ~ l I l I l I I I I I I Ag l [ l I I I 45 Accounting ID Ticker Pool Description Type Par Value Book Value Market Value Rate % of Portfolio Rating 003 CAMP California Asset Management Program LGIP 31,891,026.62 31,891,026.62 31,891,026.62 5.55 8.54%NR 104 FUZXX First American Treasury Obligations Cash/Money Market 1,209,450.90 1,209,450.90 1,209,450.90 5.25 0.32%NR CITY Fund Total 33,100,477.52 33,100,477.52 33,100,477.52 8.86% Portfolio: CITYCash By Fund Report City of Huntington Beach Reporting Period: 12/31/2023 Report Run Date: Jan 19, 2024 7 46 Accounting ID CUSIP Ticker Coupon Maturity Date Short Description Trade Date Settlement Date Par Value Book Value Market Value Gain/Loss Book Yield Effective Duration Days to Maturity (%) of Portfolio Mdy/S&P/Fitch 4364 9128286Z8 T 1.750 06/30/2024 U.S. Treasury Note 04/29/2022 05/02/2022 7,000,000.00 6,967,170.27 6,883,240.00 (83,930.27)2.730 0.49 181 1.87%Aaa/AA+/AA+ 4370 912828XX3 T 2.000 06/30/2024 U.S. Treasury Note 05/26/2022 05/27/2022 5,000,000.00 4,988,909.31 4,922,050.00 (66,859.31)2.462 0.49 181 1.34%Aaa/AA+/AA+ 4353 912828Y87 T 1.750 07/31/2024 U.S. Treasury Note 01/13/2022 01/14/2022 5,000,000.00 5,020,652.31 4,905,650.00 (115,002.31)1.028 0.56 212 1.34%Aaa/AA+/AA+ 4358 912828Y87 T 1.750 07/31/2024 U.S. Treasury Note 02/10/2022 02/11/2022 4,000,000.00 4,003,510.59 3,924,520.00 (78,990.59)1.595 0.56 212 1.07%Aaa/AA+/AA+ 4361 912828D56 T 2.375 08/15/2024 U.S. Treasury Note 03/21/2022 03/22/2022 5,000,000.00 5,004,044.33 4,918,350.00 (85,694.33)2.240 0.60 227 1.34%Aaa/AA+/AA+ 4298 912828YH7 T 1.500 09/30/2024 U.S. Treasury Note 12/04/2019 12/05/2019 5,000,000.00 4,996,589.44 4,874,400.00 (122,189.44)1.595 0.73 273 1.34%Aaa/AA+/AA+ 4350 912828YM6 T 1.500 10/31/2024 U.S. Treasury Note 12/30/2021 12/31/2021 3,000,000.00 3,014,248.35 2,918,670.00 (95,578.35)0.920 0.81 304 0.81%Aaa/AA+/AA+ 4376 91282CEU1 T 2.875 06/15/2025 U.S. Treasury Note 11/17/2022 11/18/2022 3,000,000.00 2,942,668.95 2,932,020.00 (10,648.95)4.276 1.40 531 0.79%Aaa/AA+/AA+ 4330 91282CAB7 T 0.250 07/31/2025 U.S. Treasury Note 05/18/2021 05/19/2021 5,000,000.00 4,971,563.75 4,682,600.00 (288,963.75)0.615 1.54 577 1.33%Aaa/AA+/AA+ 4340 91282CAJ0 T 0.250 08/31/2025 U.S. Treasury Note 09/23/2021 09/27/2021 5,000,000.00 4,960,251.05 4,667,800.00 (292,451.05)0.735 1.62 608 1.33%Aaa/AA+/AA+ 4351 9128284Z0 T 2.750 08/31/2025 U.S. Treasury Note 12/30/2021 12/31/2021 5,000,000.00 5,133,859.90 4,867,400.00 (266,459.90)1.103 1.59 608 1.37%Aaa/AA+/AA+ 4341 91282CCP4 T 0.625 07/31/2026 U.S. Treasury Note 09/30/2021 09/30/2021 5,000,000.00 4,959,112.18 4,579,900.00 (379,212.18)0.950 2.50 942 1.33%Aaa/AA+/AA+ 4339 91282CCW9 T 0.750 08/31/2026 U.S. Treasury Note 09/23/2021 09/23/2021 1,000,000.00 996,357.32 916,800.00 (79,557.32)0.890 2.57 973 0.27%Aaa/AA+/AA+ 4342 91282CCW9 T 0.750 08/31/2026 U.S. Treasury Note 11/22/2021 11/23/2021 5,000,000.00 4,931,053.57 4,584,000.00 (347,053.57)1.285 2.57 973 1.32%Aaa/AA+/AA+ 4379 91282CEW7 T 3.250 06/30/2027 U.S. Treasury Note 12/28/2022 12/29/2022 5,000,000.00 4,881,054.14 4,886,150.00 5,095.86 4.000 3.25 1,276 1.31%Aaa/AA+/AA+ 4406 91282CEW7 T 3.250 06/30/2027 U.S. Treasury Note 12/21/2023 12/22/2023 5,000,000.00 4,885,100.47 4,886,150.00 1,049.53 3.960 3.25 1,276 1.31%Aaa/AA+/AA+ U.S. Treasuries 73,000,000.00 72,656,145.91 70,349,700.00 (2,306,445.91)19.46% 4323 459056HV2 IBRD 1.500 08/28/2024 Int'l Bank for Recon and Dev 04/21/2021 04/23/2021 5,000,000.00 5,035,087.80 4,885,000.00 (150,087.80)0.425 0.64 240 1.35%Aaa/AAA/AAA 4338 459058JE4 IBRD 0.376 07/28/2025 Int'l Bank for Recon and Dev 07/28/2021 07/30/2021 5,000,000.00 4,983,833.80 4,688,150.00 (295,683.80)0.583 1.53 574 1.33%Aaa/AAA/AAA 4319 459058JL8 IBRD 0.500 10/28/2025 Int'l Bank for Recon and Dev 01/08/2021 01/12/2021 5,000,000.00 4,998,953.22 4,659,700.00 (339,253.22)0.512 1.77 666 1.34%Aaa/AAA/AAA 4324 45906M2L4 IBRD 0.650 02/24/2026 Int'l Bank for Recon and Dev 04/28/2021 04/30/2021 5,000,000.00 4,976,908.07 4,603,800.00 (373,108.07)0.870 2.08 785 1.33%Aaa/AAA/AAA 4401 45818WEQ5 IADB 3.800 06/09/2028 Inter-American Development Bank 09/19/2023 09/21/2023 5,000,000.00 4,837,517.84 4,946,250.00 108,732.16 4.622 4.02 1,621 1.30%Aaa/AAA/AAA 4402 459058KT9 IBRD 3.500 07/12/2028 Int'l Bank for Recon and Dev 11/09/2023 11/13/2023 5,000,000.00 4,746,461.58 4,895,650.00 149,188.42 4.760 4.06 1,654 1.27%Aaa/AAA/AAA 4403 459058KT9 IBRD 3.500 07/12/2028 Int'l Bank for Recon and Dev 12/04/2023 12/06/2023 5,000,000.00 4,827,001.72 4,895,650.00 68,648.28 4.350 4.06 1,654 1.29%Aaa/AAA/AAA Supranational 35,000,000.00 34,405,764.04 33,574,200.00 (831,564.04)9.21% 4387 3130AUXN9 FHLB 5.000 02/15/2024 Federal Home Loan Bank 04/24/2023 04/25/2023 3,000,000.00 3,000,241.24 2,998,260.00 (1,981.24)4.923 0.12 45 0.80%Aaa/AA+/NR 4292 3133ECHX5 FFCB 2.260 03/13/2024 Federal Farm Credit Bank 05/22/2019 05/23/2019 5,000,000.00 5,000,224.74 4,969,550.00 (30,674.74)2.236 0.19 72 1.34%Aaa/AA+/AA+ 4378 3130ATVC8 FHLB 4.875 06/14/2024 Federal Home Loan Bank 12/27/2022 12/28/2022 5,000,000.00 5,002,711.50 4,992,300.00 (10,411.50)4.740 0.44 165 1.34%Aaa/AA+/NR 4348 3130AQD42 FHLB 0.920 06/28/2024 Federal Home Loan Bank 12/14/2021 12/28/2021 5,000,000.00 5,000,000.00 4,898,300.00 (101,700.00)0.920 0.48 179 1.34%Aaa/AA+/NR 4380 3134GYCP5 FHLMC 5.000 07/23/2024 Freddie Mac 01/05/2023 01/23/2023 5,000,000.00 5,000,000.00 4,997,650.00 (2,350.00)5.000 0.54 204 1.34%Aaa/AA+/AA+ 4344 3130AQ3C5 FHLB 1.000 08/28/2024 Federal Home Loan Bank 12/01/2021 12/02/2021 4,000,000.00 4,000,000.00 3,894,920.00 (105,080.00)1.000 0.64 240 1.07%Aaa/AA+/NR 4373 3133XVDG3 FHLB 4.375 09/13/2024 Federal Home Loan Bank 09/22/2022 09/23/2022 5,000,000.00 5,004,454.37 4,976,050.00 (28,404.37)4.240 0.68 256 1.34%Aaa/AA+/NR 4336 3130AMXJ6 FHLB 0.500 09/30/2024 Federal Home Loan Bank 06/17/2021 06/30/2021 5,000,000.00 5,000,000.00 4,834,400.00 (165,600.00)0.500 0.73 273 1.34%Aaa/AA+/NR 4346 3130AQD59 FHLB 1.000 09/30/2024 Federal Home Loan Bank 12/14/2021 12/30/2021 5,000,000.00 5,000,000.00 4,853,300.00 (146,700.00)1.000 0.73 273 1.34%Aaa/AA+/NR 4349 3130AQD59 FHLB 1.000 09/30/2024 Federal Home Loan Bank 12/22/2021 12/30/2021 5,000,000.00 5,000,000.00 4,853,300.00 (146,700.00)1.000 0.73 273 1.34%Aaa/AA+/NR 4334 3130AMW65 FHLB 0.500 12/30/2024 Federal Home Loan Bank 06/15/2021 06/30/2021 5,000,000.00 5,000,000.00 4,787,000.00 (213,000.00)0.500 0.97 364 1.34%Aaa/AA+/NR 4332 3130AMQ62 FHLB 0.625 03/14/2025 Federal Home Loan Bank 05/26/2021 06/14/2021 5,000,000.00 5,000,000.00 4,784,450.00 (215,550.00)0.625 1.17 438 1.34%Aaa/AA+/NR 4397 3130AWER7 FHLB 4.625 06/06/2025 Federal Home Loan Bank 06/14/2023 06/15/2023 3,000,000.00 2,998,631.01 3,016,740.00 18,108.99 4.659 1.37 522 0.80%Aaa/AA+/NR 4329 3135G04Z3 FNMA 0.500 06/17/2025 Fannie Mae 05/13/2021 05/14/2021 5,000,000.00 4,990,769.11 4,718,200.00 (272,569.11)0.628 1.42 533 1.34%Aaa/AA+/AA+ 4381 3135G04Z3 FNMA 0.500 06/17/2025 Fannie Mae 01/12/2023 01/13/2023 5,000,000.00 4,757,763.16 4,718,200.00 (39,563.16)4.013 1.42 533 1.27%Aaa/AA+/AA+ 4345 3130AQ5S8 FHLB 1.250 06/30/2025 Federal Home Loan Bank 12/08/2021 12/30/2021 4,650,000.00 4,650,000.00 4,439,727.00 (210,273.00)1.250 1.45 546 1.25%Aaa/AA+/NR 4327 3130AMDL3 FHLB 0.800 07/25/2025 Federal Home Loan Bank 05/11/2021 05/25/2021 5,000,000.00 5,000,000.00 4,729,650.00 (270,350.00)0.800 1.52 571 1.34%Aaa/AA+/NR 4360 3130AQT94 FHLB 1.600 08/28/2025 Federal Home Loan Bank 03/03/2022 03/04/2022 4,575,000.00 4,559,209.14 4,371,961.50 (187,247.64)1.816 1.60 605 1.22%Aaa/AA+/NR 4331 3130AMQ54 FHLB 0.700 09/16/2025 Federal Home Loan Bank 05/26/2021 06/16/2021 5,000,000.00 5,000,000.00 4,692,800.00 (307,200.00)0.700 1.66 624 1.34%Aaa/AA+/NR 4318 3135GA2Z3 FNMA 0.560 11/17/2025 Fannie Mae 01/08/2021 01/11/2021 3,000,000.00 3,001,277.66 2,786,820.00 (214,457.66)0.500 1.83 686 0.80%Aaa/AA+/AA+ 4320 3130AKN36 FHLB 0.525 01/15/2026 Federal Home Loan Bank 01/14/2021 01/15/2021 5,000,000.00 4,997,961.11 4,631,150.00 (366,811.11)0.545 1.98 745 1.34%Aaa/AA+/NR 4321 3130AKN85 FHLB 0.550 01/20/2026 Federal Home Loan Bank 01/14/2021 01/20/2021 5,000,000.00 4,998,973.61 4,631,150.00 (367,823.61)0.560 1.99 750 1.34%Aaa/AA+/NR 4322 3130AKUS3 FHLB 0.500 01/28/2026 Federal Home Loan Bank 01/26/2021 01/28/2021 5,000,000.00 5,000,000.00 4,622,400.00 (377,600.00)0.500 2.01 758 1.34%Aaa/AA+/NR 4333 3130ALEY6 FHLB 0.800 03/04/2026 Federal Home Loan Bank 06/09/2021 06/10/2021 5,000,000.00 5,000,000.00 4,632,150.00 (367,850.00)0.800 2.10 793 1.34%Aaa/AA+/NR 4328 3130AMJN3 FHLB 1.030 05/26/2026 Federal Home Loan Bank 05/12/2021 05/26/2021 5,000,000.00 5,000,000.00 4,624,400.00 (375,600.00)1.030 2.32 876 1.34%Aaa/AA+/NR 4335 3130AMFS6 FHLB 0.750 06/12/2026 Federal Home Loan Bank 06/16/2021 06/17/2021 5,000,000.00 4,985,275.77 4,605,350.00 (379,925.77)0.873 2.37 893 1.34%Aaa/AA+/NR 4388 3130AVWS7 FHLB 3.750 06/12/2026 Federal Home Loan Bank 05/08/2023 05/09/2023 3,000,000.00 2,996,699.22 2,973,540.00 (23,159.22)3.796 2.30 893 0.80%Aaa/AA+/NR Portfolio: CITYBond Holdings By Sector Report City of Huntington Beach Reporting Period: 12/31/2023 Report Run Date: Jan 19, 2024 8 - - - - - - - - - - - 47 Accounting ID CUSIP Ticker Coupon Maturity Date Short Description Trade Date Settlement Date Par Value Book Value Market Value Gain/Loss Book Yield Effective Duration Days to Maturity (%) of Portfolio Mdy/S&P/Fitch 4398 3133EPNG6 FFCB 4.375 06/23/2026 Federal Farm Credit Bank 06/22/2023 06/23/2023 3,000,000.00 2,998,885.00 3,013,320.00 14,435.00 4.391 2.32 904 0.80%Aaa/AA+/AA+ 4347 3130AQ7E7 FHLB 1.500 06/30/2026 Federal Home Loan Bank 12/14/2021 12/30/2021 5,000,000.00 5,001,109.88 4,666,250.00 (334,859.88)1.339 2.39 911 1.34%Aaa/AA+/NR 4384 3130AUMC5 FHLB 3.750 07/20/2026 Federal Home Loan Bank 01/17/2023 01/19/2023 5,000,000.00 5,000,000.00 4,950,400.00 (49,600.00)3.750 2.36 931 1.34%Aaa/AA+/NR 4356 3130AQS79 FHLB 1.375 08/07/2026 Federal Home Loan Bank 01/27/2022 02/07/2022 5,000,000.00 5,000,000.00 4,719,400.00 (280,600.00)1.375 2.46 949 1.34%Aaa/AA+/NR 4386 3133EPGT6 FFCB 3.875 04/26/2027 Federal Farm Credit Bank 04/21/2023 04/26/2023 5,000,000.00 4,995,228.30 4,971,100.00 (24,128.30)3.906 3.05 1,211 1.34%Aaa/AA+/AA+ 4389 3133EPJP1 FFCB 3.625 05/12/2027 Federal Farm Credit Bank 05/08/2023 05/12/2023 5,000,000.00 4,988,352.53 4,932,250.00 (56,102.53)3.700 3.10 1,227 1.34%Aaa/AA+/AA+ 4392 3130AW4N7 FHLB 3.630 06/04/2027 Federal Home Loan Bank 05/16/2023 05/18/2023 5,000,000.00 5,000,000.00 4,936,750.00 (63,250.00)3.630 3.16 1,250 1.34%Aaa/AA+/NR 4396 3133EPMV4 FFCB 4.125 06/15/2027 Federal Farm Credit Bank 06/09/2023 06/15/2023 5,000,000.00 4,999,179.31 5,011,300.00 12,120.69 4.130 3.17 1,261 1.34%Aaa/AA+/AA+ 4385 3134GYPF3 FHLMC 4.750 07/12/2027 Freddie Mac 04/21/2023 04/24/2023 3,300,000.00 3,295,855.43 3,268,617.00 (27,238.43)4.791 1.49 1,288 0.88%Aaa/AA+/AA+ 4405 3130AWWN6 FHLB 4.500 09/10/2027 Federal Home Loan Bank 12/04/2023 12/05/2023 4,455,000.00 4,472,128.51 4,528,151.10 56,022.59 4.383 3.31 1,348 1.20%Aaa/AA+/NR 4395 3130AWC24 FHLB 4.000 06/09/2028 Federal Home Loan Bank 06/09/2023 06/13/2023 5,000,000.00 5,004,092.87 5,017,500.00 13,407.13 3.979 4.01 1,621 1.34%Aaa/AA+/NR 4399 3130AWC24 FHLB 4.000 06/09/2028 Federal Home Loan Bank 06/26/2023 06/27/2023 5,000,000.00 4,997,533.95 5,017,500.00 19,966.05 4.012 4.01 1,621 1.34%Aaa/AA+/NR 4400 31422X5U2 FAMCA 5.100 08/07/2028 Farmer Mac 08/02/2023 08/07/2023 2,000,000.00 2,000,000.00 2,002,420.00 2,420.00 5.100 2.22 1,680 0.54%NR/NR/NR U.S. Agencies 182,980,000.00 182,696,557.42 177,068,676.60 (5,627,880.82)48.93% 4355 67066GAL8 NVDA 0.584 06/14/2024 Nvidia 01/20/2022 01/24/2022 5,000,000.00 4,985,187.85 4,892,450.00 (92,737.85)1.250 0.44 165 1.34%A1/A+/ 4325 91159HHX1 USB 2.400 07/30/2024 US Bank 04/28/2021 04/30/2021 3,809,000.00 3,848,872.09 3,743,142.39 (105,729.70)0.528 0.56 211 1.03%A3/A/A 4343 14913R2P1 CAT 0.600 09/13/2024 Caterpillar 11/30/2021 12/02/2021 5,000,000.00 4,986,896.50 4,840,450.00 (146,446.50)0.980 0.68 256 1.34%A2/A/A+ 4371 459200KS9 IBM 4.000 07/27/2025 IBM 08/09/2022 08/11/2022 6,000,000.00 6,016,725.14 5,933,700.00 (83,025.14)3.810 1.48 573 1.61%A3/A-/NR 4372 931142EW9 WMT 3.900 09/09/2025 Walmart 09/20/2022 09/22/2022 5,000,000.00 4,980,284.16 4,950,300.00 (29,984.16)4.150 1.60 617 1.33%Aa2/AA/AA 4382 717081DV2 PFE 2.750 06/03/2026 Pfizer Inc 01/13/2023 01/18/2023 5,000,000.00 4,844,116.54 4,792,850.00 (51,266.54)4.142 2.29 884 1.30%A2/A/A 4375 110122CN6 BMY 3.200 06/15/2026 Bristol-Myers Squibb 11/14/2022 11/16/2022 5,000,000.00 4,856,187.12 4,851,400.00 (4,787.12)4.480 2.28 896 1.30%A2/A/ 4390 931142EM1 WMT 3.050 07/08/2026 Walmart 05/11/2023 05/15/2023 4,257,000.00 4,186,525.57 4,130,269.11 (56,256.46)3.752 2.31 919 1.12%Aa2/AA/AA 4391 904764AU1 UNANA 2.000 07/28/2026 Unilever 05/11/2023 05/15/2023 2,505,000.00 2,399,426.44 2,360,887.35 (38,539.09)3.752 2.43 939 0.64%A1/A+/A 4404 037833DN7 AAPL 2.050 09/11/2026 Apple 12/04/2023 12/06/2023 5,000,000.00 4,682,678.39 4,709,900.00 27,221.61 4.583 2.54 984 1.25%Aaa/AA+/ 4407 713448DN5 PEP 2.375 10/06/2026 Pepsi 12/21/2023 12/26/2023 5,000,000.00 4,754,981.25 4,751,100.00 (3,881.25)4.273 2.58 1,009 1.27%A1/A+/WD Corporates 51,571,000.00 50,541,881.06 49,956,448.85 (585,432.21)13.54% Bond Holdings 342,551,000.00 340,300,348.43 330,949,025.45 (9,351,322.98)91.14% Portfolio: CITYBond Holdings By Sector Report City of Huntington Beach Reporting Period: 12/31/2023 Report Run Date: Jan 19, 2024 9 - - - - - 48 Cash/Money Market/LGIP Activity Report City of Huntington Beach Portfolio: CITY Reporting Date: 12/31/2023 Cash/Money Market Account Activity Accounting ID Description Activity Date Transaction Type Transaction Amount 003 California Asset Management Program 12/05/2023 Withdrawal ($6,600,000.00) 003 California Asset Management Program 12/01/2023 Interest Received $142,425.88 003 California Asset Management Program 12/11/2023 Withdrawal ($6,000,000.00) 003 California Asset Management Program 12/27/2023 Deposit $12,000,000.00 Activity Total ($457,574.12) 104 First American Treasury Obligations 12/04/2023 Deposit $4,159,500.00 104 First American Treasury Obligations 12/06/2023 Withdrawal ($7,543,415.21) 104 First American Treasury Obligations 12/07/2023 Deposit $84,263.34 104 First American Treasury Obligations 12/01/2023 Interest Received $1,379.63 104 First American Treasury Obligations 12/11/2023 Deposit $303,888.89 104 First American Treasury Obligations 12/12/2023 Deposit $18,750.00 104 First American Treasury Obligations 12/13/2023 Deposit $67,812.50 104 First American Treasury Obligations 12/14/2023 Deposit $136,475.00 104 First American Treasury Obligations 12/15/2023 Deposit $226,250.00 104 First American Treasury Obligations 12/18/2023 Deposit $25,000.00 104 First American Treasury Obligations 12/21/2023 Deposit $0.88 104 First American Treasury Obligations 12/22/2023 Deposit $5,038,524.18 104 First American Treasury Obligations 12/26/2023 Withdrawal ($4,714,513.89) 104 First American Treasury Obligations 12/28/2023 Deposit $23,000.00 Activity Total ($2,173,084.68) 10 49 Bond Redemption Activity Report City of Huntington Beach Portfolio: CITY Reporting Date: 12/31/2023 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 11 50 Bond Purchase Activity Report City of Huntington Beach Portfolio: CITY Reporting Date: 12/31/2023 Purchase Transactions Accounting ID Transaction Type Cusip Description Price Settlement Date Posted Date Par Value Principal Accrued Interest Total 4405 Buy 3130AWWN6 FHLB 4.500 09/10/2027 100.39200 12/05/2023 12/05/2023 4,455,000.00 $4,472,463.60 $60,699.38 $4,533,162.98 4403 Buy 459058KT9 IBRD 3.500 07/12/2028 96.48700 12/06/2023 12/06/2023 5,000,000.00 $4,824,350.00 $70,000.00 $4,894,350.00 4404 Buy 037833DN7 AAPL 2.050 09/11/2026 93.49000 12/06/2023 12/06/2023 5,000,000.00 $4,674,500.00 $24,201.39 $4,698,701.39 4406 Buy 91282CEW7 T 3.250 06/30/2027 97.68400 12/22/2023 12/22/2023 5,000,000.00 $4,884,200.00 $77,275.82 $4,961,475.82 4407 Buy 713448DN5 PEP 2.375 10/06/2026 95.07500 12/26/2023 12/26/2023 5,000,000.00 $4,753,750.00 $26,388.89 $4,780,138.89 Activity Total 24,455,000.00 $23,609,263.60 $258,565.48 $23,867,829.08 12 51 Bond Interest Received Activity Report City of Huntington Beach Portfolio: CITY Reporting Date: 12/31/2023 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 12/04/2023 $68,750.00 $68,750.00 4392 Interest Income 3130AW4N7 FHLB 3.630 06/04/2027 12/04/2023 $90,750.00 $90,750.00 4397 Interest Income 3130AWER7 FHLB 4.625 06/06/2025 12/06/2023 $67,062.50 $1,156.25 $65,906.25 4395 Interest Income 3130AWC24 FHLB 4.000 06/09/2028 12/11/2023 $104,444.44 $6,666.67 $97,777.77 4399 Interest Income 3130AWC24 FHLB 4.000 06/09/2028 12/11/2023 $104,444.45 $14,444.44 $90,000.01 4401 Interest Income 45818WEQ5 IADB 3.800 06/09/2028 12/11/2023 $95,000.00 $53,833.33 $41,166.67 4335 Interest Income 3130AMFS6 FHLB 0.750 06/12/2026 12/12/2023 $18,750.00 $18,750.00 4388 Interest Income 3130AVWS7 FHLB 3.750 06/12/2026 12/12/2023 $67,812.50 $1,250.00 $66,562.50 4355 Interest Income 67066GAL8 NVDA 0.584 06/14/2024 12/14/2023 $14,600.00 $14,600.00 4378 Interest Income 3130ATVC8 FHLB 4.875 06/14/2024 12/14/2023 $121,875.00 $121,875.00 4375 Interest Income 110122CN6 BMY 3.200 06/15/2026 12/15/2023 $80,000.00 $80,000.00 4376 Interest Income 91282CEU1 T 2.875 06/15/2025 12/15/2023 $43,125.00 $43,125.00 4396 Interest Income 3133EPMV4 FFCB 4.125 06/15/2027 12/15/2023 $103,125.00 $103,125.00 4381 Interest Income 3135G04Z3 FNMA 0.500 06/17/2025 12/18/2023 $12,500.00 $12,500.00 4329 Interest Income 3135G04Z3 FNMA 0.500 06/17/2025 12/18/2023 $12,500.00 $12,500.00 4398 Interest Income 3133EPNG6 FFCB 4.375 06/23/2026 12/26/2023 $65,625.00 $65,625.00 4348 Interest Income 3130AQD42 FHLB 0.920 06/28/2024 12/28/2023 $23,000.00 $23,000.00 Activity Total $1,093,363.89 $77,350.69 $1,016,013.20 13 52 Statement of Cash Receipts and Disbursements and Cash Receipts and Disbursements November 2023 December 2023 Receipts General Fund Property Tax 13,791,928$ 23,817,212$ Local Sales Tax 3,944,653 3,996,591 Public Safety Sales Tax 244,768 285,478 Transient Occupancy Tax (TOT)1,419,750 1,072,762 Utility Users Tax (UUT)2,091,183 1,642,396 Other Revenue 5,396,567 4,462,678 Total General Fund Revenue 26,888,849 35,277,117 Total All Other Funds Revenue 24,250,676 22,491,481 Total Receipts 51,139,525$ 57,768,599$ Disbursements General Fund Personnel Services (12,831,863)(16,299,110) Operating Expenses (4,421,467)(3,789,596) Capital Expenditures - - Non-Operating Expenses (5,688) (466,907) Total General Fund Disbursements (17,259,018)(20,555,613) Total All Other Funds Disbursements (20,257,979) (26,181,844) Total Disbursements (37,516,996)(46,737,457) Net Change in Cash Flow 13,622,529$ 11,031,142$ Summary of Cash by Fund November 2023 December 2023 General Fund 69,130,451$ 83,851,956$ General Fund Other 5,453,511 5,361,116 Capital Projects Funds 67,221,273 67,553,371 Debt Service Funds 31,743,448 29,577,241 Enterprise Funds 80,368,509 81,583,428 Trust and Agency Funds 2,965,717 3,362,860 Internal Service Funds 54,838,545 52,107,813 Special Revenue Funds 50,698,369 50,053,181 General Ledger Cash Balances *362,419,825$ 373,450,966$ 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 December 2023 14 53 Par Value Book Value Market Value Book Value % of Port Book Yield Book Yield Contribution Days to Maturity Cash / Money Market Local Govt Inv Pools (LGIP) U.S. Treasuries Supranational U.S. Agencies Corporates Hold Total $3,382,535.58 $3,382,535.58 $3,382,535.58 0.96%5.24%0.05%1 $32,348,600.74 $32,348,600.74 $32,348,600.74 9.18%5.58%0.51%1 $68,000,000.00 $67,762,050.02 $64,952,040.00 19.23%1.79%0.34%543 $30,000,000.00 $29,573,690.62 $28,321,850.00 8.39%1.92%0.16%943 $178,525,000.00 $178,209,322.88 $170,869,247.00 50.58%2.26%1.14%736 $41,571,000.00 $41,089,581.13 $40,200,737.02 11.66%3.00%0.35%619 $353,827,136.32 $352,365,780.96 $340,075,010.34 100.00%2.56%628 Portfolio Investments 11/30/2023 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) City Portfolio Certification Fiscal YTD Transactions Redemptions 0 Purchases 1 Total Activity 1 Period Transactions Redemptions 10 Purchases 3 Total Activity 13 Net Period Earnings $3,813,988.22 Last FY Period Net Earnings $1,770,450.23 Avg Daily Book Balance $355,867,918.27 $1.00 $1.00 Net Effective Annual Return 2.583% Net Period Earnings $723,286.07 Last FY Period Net Earnings $415,620.82 Avg Daily Book Balance $346,087,376.15 $1.00 $1.00 Net Effective Annual Return 2.580% Fiscal YTD Summary (153 Days)Period Earnings Summary (30 Days) __________________________________________________________________________ sum2 Total Market Value $1.00 $340,075,010.34 sum2 Total Book Value $2.00 $352,365,780.96 Market Value Book Value Par Value Portfolio Summary City of Huntington Beach Portfolio: CITY Reporting Date: (FY2024) 11/01/2023 - 11/30/2023 Full Accrual Basis sum2 Total Par Value $1.00 $353,827,136.32 The City Portfolio uses a 12 month moving average of the 1.5Yr Treasury for comparison purposes. This period, that rate is equal to: 4.860% ____________________________________________ 15 ' i -.: '.L' ~ -·c_ \ ! - ~~ .• -...:-_,,,, ~ l I l I l I I I I I I Ag l [ l I I I 54 Accounting ID Ticker Pool Description Type Par Value Book Value Market Value Rate % of Portfolio Rating 003 CAMP California Asset Management Program LGIP 32,348,600.74 32,348,600.74 32,348,600.74 5.58 9.18%NR 104 FUZXX First American Treasury Obligations Cash/Money Market 3,382,535.58 3,382,535.58 3,382,535.58 5.24 0.96%NR CITY Fund Total 35,731,136.32 35,731,136.32 35,731,136.32 10.14% Portfolio: CITYCash By Fund Report City of Huntington Beach Reporting Period: 11/30/2023 Report Run Date: Dec 22, 2023 16 55 Accounting ID CUSIP Ticker Coupon Maturity Date Short Description Trade Date Settlement Date Par Value Book Value Market Value Gain/Loss Book Yield Effective Duration Days to Maturity (%) of Portfolio Moodys Rating S&P Rating Fitch Rating 4364 9128286Z8 T 1.750 06/30/2024 U.S. Treasury Note 04/29/2022 05/02/2022 7,000,000.00 6,961,547.49 6,858,110.00 (103,437.49)2.730 0.56 212 1.98%Aaa AA+AA+ 4370 912828XX3 T 2.000 06/30/2024 U.S. Treasury Note 05/26/2022 05/27/2022 5,000,000.00 4,987,009.80 4,904,900.00 (82,109.80)2.462 0.56 212 1.42%Aaa AA+AA+ 4353 912828Y87 T 1.750 07/31/2024 U.S. Treasury Note 01/13/2022 01/14/2022 5,000,000.00 5,023,672.23 4,884,550.00 (139,122.23)1.028 0.65 243 1.43%Aaa AA+AA+ 4358 912828Y87 T 1.750 07/31/2024 U.S. Treasury Note 02/10/2022 02/11/2022 4,000,000.00 4,004,023.93 3,907,640.00 (96,383.93)1.595 0.65 243 1.14%Aaa AA+AA+ 4361 912828D56 T 2.375 08/15/2024 U.S. Treasury Note 03/21/2022 03/22/2022 5,000,000.00 5,004,596.64 4,898,450.00 (106,146.64)2.240 0.68 258 1.42%Aaa AA+AA+ 4298 912828YH7 T 1.500 09/30/2024 U.S. Treasury Note 12/04/2019 12/05/2019 5,000,000.00 4,996,202.16 4,848,650.00 (147,552.16)1.595 0.81 304 1.42%Aaa AA+AA+ 4350 912828YM6 T 1.500 10/31/2024 U.S. Treasury Note 12/30/2021 12/31/2021 3,000,000.00 3,015,701.30 2,900,400.00 (115,301.30)0.920 0.89 335 0.86%Aaa AA+AA+ 4376 91282CEU1 T 2.875 06/15/2025 U.S. Treasury Note 11/17/2022 11/18/2022 3,000,000.00 2,939,321.94 2,910,600.00 (28,721.94)4.276 1.46 562 0.83%Aaa AA+AA+ 4330 91282CAB7 T 0.250 07/31/2025 U.S. Treasury Note 05/18/2021 05/19/2021 5,000,000.00 4,970,035.98 4,636,150.00 (333,885.98)0.615 1.62 608 1.41%Aaa AA+AA+ 4340 91282CAJ0 T 0.250 08/31/2025 U.S. Treasury Note 09/23/2021 09/27/2021 5,000,000.00 4,958,224.37 4,621,100.00 (337,124.37)0.735 1.70 639 1.41%Aaa AA+AA+ 4351 9128284Z0 T 2.750 08/31/2025 U.S. Treasury Note 12/30/2021 12/31/2021 5,000,000.00 5,140,684.99 4,828,900.00 (311,784.99)1.103 1.67 639 1.46%Aaa AA+AA+ 4341 91282CCP4 T 0.625 07/31/2026 U.S. Treasury Note 09/30/2021 09/30/2021 5,000,000.00 4,957,766.62 4,517,000.00 (440,766.62)0.950 2.57 973 1.41%Aaa AA+AA+ 4339 91282CCW9 T 0.750 08/31/2026 U.S. Treasury Note 09/23/2021 09/23/2021 1,000,000.00 996,241.26 904,140.00 (92,101.26)0.890 2.65 1,004 0.28%Aaa AA+AA+ 4342 91282CCW9 T 0.750 08/31/2026 U.S. Treasury Note 11/22/2021 11/23/2021 5,000,000.00 4,928,856.92 4,520,700.00 (408,156.92)1.285 2.65 1,004 1.40%Aaa AA+AA+ 4379 91282CEW7 T 3.250 06/30/2027 U.S. Treasury Note 12/28/2022 12/29/2022 5,000,000.00 4,878,164.39 4,810,750.00 (67,414.39)4.000 3.27 1,307 1.38%Aaa AA+AA+ U.S. Treasuries 68,000,000.00 67,762,050.02 64,952,040.00 (2,810,010.02)19.23% 4323 459056HV2 IBRD 1.500 08/28/2024 Int'l Bank for Recon and Dev 04/21/2021 04/23/2021 5,000,000.00 5,039,529.29 4,862,550.00 (176,979.29)0.425 0.72 271 1.43%Aaa AAA AAA 4338 459058JE4 IBRD 0.376 07/28/2025 Int'l Bank for Recon and Dev 07/28/2021 07/30/2021 5,000,000.00 4,982,978.44 4,642,200.00 (340,778.44)0.583 1.61 605 1.41%Aaa AAA AAA 4319 459058JL8 IBRD 0.500 10/28/2025 Int'l Bank for Recon and Dev 01/08/2021 01/12/2021 5,000,000.00 4,998,905.42 4,610,450.00 (388,455.42)0.512 1.85 697 1.42%Aaa AAA AAA 4324 45906M2L4 IBRD 0.650 02/24/2026 Int'l Bank for Recon and Dev 04/28/2021 04/30/2021 5,000,000.00 4,976,011.88 4,547,550.00 (428,461.88)0.870 2.16 816 1.41%Aaa AAA AAA 4401 45818WEQ5 IADB 3.800 06/09/2028 Inter-American Development Bank 09/19/2023 09/21/2023 5,000,000.00 4,834,467.49 4,856,650.00 22,182.51 4.622 4.01 1,652 1.37%Aaa AAA AAA 4402 459058KT9 IBRD 3.500 07/12/2028 Int'l Bank for Recon and Dev 11/09/2023 11/13/2023 5,000,000.00 4,741,798.09 4,802,450.00 60,651.91 4.760 4.12 1,685 1.35%Aaa AAA AAA Supranational 30,000,000.00 29,573,690.62 28,321,850.00 (1,251,840.62)8.39% 4387 3130AUXN9 FHLB 5.000 02/15/2024 Federal Home Loan Bank 04/24/2023 04/25/2023 3,000,000.00 3,000,405.72 2,996,100.00 (4,305.72)4.923 0.21 76 0.85%Aaa AA+NR 4292 3133ECHX5 FFCB 2.260 03/13/2024 Federal Farm Credit Bank 05/22/2019 05/23/2019 5,000,000.00 5,000,318.38 4,955,900.00 (44,418.38)2.236 0.28 103 1.42%Aaa AA+AA+ 4378 3130ATVC8 FHLB 4.875 06/14/2024 Federal Home Loan Bank 12/27/2022 12/28/2022 5,000,000.00 5,003,210.55 4,985,350.00 (17,860.55)4.740 0.51 196 1.42%Aaa AA+NR 4348 3130AQD42 FHLB 0.920 06/28/2024 Federal Home Loan Bank 12/14/2021 12/28/2021 5,000,000.00 5,000,000.00 4,876,600.00 (123,400.00)0.920 0.56 210 1.42%Aaa AA+NR 4380 3134GYCP5 FHLMC 5.000 07/23/2024 Freddie Mac 01/05/2023 01/23/2023 5,000,000.00 5,000,000.00 4,988,850.00 (11,150.00)5.000 0.62 235 1.42%Aaa AA+AA+ 4344 3130AQ3C5 FHLB 1.000 08/28/2024 Federal Home Loan Bank 12/01/2021 12/02/2021 4,000,000.00 4,000,000.00 3,874,400.00 (125,600.00)1.000 0.72 271 1.14%Aaa AA+NR 4373 3133XVDG3 FHLB 4.375 09/13/2024 Federal Home Loan Bank 09/22/2022 09/23/2022 5,000,000.00 5,004,984.65 4,965,350.00 (39,634.65)4.240 0.76 287 1.42%Aaa AA+NR 4336 3130AMXJ6 FHLB 0.500 09/30/2024 Federal Home Loan Bank 06/17/2021 06/30/2021 5,000,000.00 5,000,000.00 4,804,450.00 (195,550.00)0.500 0.81 304 1.42%Aaa AA+NR 4346 3130AQD59 FHLB 1.000 09/30/2024 Federal Home Loan Bank 12/14/2021 12/30/2021 5,000,000.00 5,000,000.00 4,824,650.00 (175,350.00)1.000 0.81 304 1.42%Aaa AA+NR 4349 3130AQD59 FHLB 1.000 09/30/2024 Federal Home Loan Bank 12/22/2021 12/30/2021 5,000,000.00 5,000,000.00 4,824,650.00 (175,350.00)1.000 0.81 304 1.42%Aaa AA+NR 4334 3130AMW65 FHLB 0.500 12/30/2024 Federal Home Loan Bank 06/15/2021 06/30/2021 5,000,000.00 5,000,000.00 4,750,550.00 (249,450.00)0.500 1.05 395 1.42%Aaa AA+NR 4332 3130AMQ62 FHLB 0.625 03/14/2025 Federal Home Loan Bank 05/26/2021 06/14/2021 5,000,000.00 5,000,000.00 4,718,750.00 (281,250.00)0.625 1.25 469 1.42%Aaa AA+NR 4397 3130AWER7 FHLB 4.625 06/06/2025 Federal Home Loan Bank 06/14/2023 06/15/2023 3,000,000.00 2,998,551.27 2,988,360.00 (10,191.27)4.659 1.41 553 0.85%Aaa AA+NR 4329 3135G04Z3 FNMA 0.500 06/17/2025 Fannie Mae 05/13/2021 05/14/2021 5,000,000.00 4,990,242.63 4,675,350.00 (314,892.63)0.628 1.50 564 1.42%Aaa AA+AA+ 4381 3135G04Z3 FNMA 0.500 06/17/2025 Fannie Mae 01/12/2023 01/13/2023 5,000,000.00 4,743,947.37 4,675,350.00 (68,597.37)4.013 1.50 564 1.35%Aaa AA+AA+ 4345 3130AQ5S8 FHLB 1.250 06/30/2025 Federal Home Loan Bank 12/08/2021 12/30/2021 4,650,000.00 4,650,000.00 4,384,857.00 (265,143.00)1.250 1.52 577 1.32%Aaa AA+NR 4327 3130AMDL3 FHLB 0.800 07/25/2025 Federal Home Loan Bank 05/11/2021 05/25/2021 5,000,000.00 5,000,000.00 4,673,350.00 (326,650.00)0.800 1.60 602 1.42%Aaa AA+NR 4360 3130AQT94 FHLB 1.600 08/28/2025 Federal Home Loan Bank 03/03/2022 03/04/2022 4,575,000.00 4,558,415.63 4,332,342.00 (226,073.63)1.816 1.68 636 1.29%Aaa AA+NR 4331 3130AMQ54 FHLB 0.700 09/16/2025 Federal Home Loan Bank 05/26/2021 06/16/2021 5,000,000.00 5,000,000.00 4,645,050.00 (354,950.00)0.700 1.74 655 1.42%Aaa AA+NR 4318 3135GA2Z3 FNMA 0.560 11/17/2025 Fannie Mae 01/08/2021 01/11/2021 3,000,000.00 3,001,334.36 2,765,310.00 (236,024.36)0.500 1.91 717 0.85%Aaa AA+AA+ 4320 3130AKN36 FHLB 0.525 01/15/2026 Federal Home Loan Bank 01/14/2021 01/15/2021 5,000,000.00 4,997,877.78 4,568,200.00 (429,677.78)0.545 2.06 776 1.42%Aaa AA+NR 4321 3130AKN85 FHLB 0.550 01/20/2026 Federal Home Loan Bank 01/14/2021 01/20/2021 5,000,000.00 4,998,931.94 4,562,200.00 (436,731.94)0.560 2.07 781 1.42%Aaa AA+NR 4322 3130AKUS3 FHLB 0.500 01/28/2026 Federal Home Loan Bank 01/26/2021 01/28/2021 5,000,000.00 5,000,000.00 4,567,750.00 (432,250.00)0.500 2.09 789 1.42%Aaa AA+NR 4333 3130ALEY6 FHLB 0.800 03/04/2026 Federal Home Loan Bank 06/09/2021 06/10/2021 5,000,000.00 5,000,000.00 4,569,400.00 (430,600.00)0.800 2.18 824 1.42%Aaa AA+NR 4328 3130AMJN3 FHLB 1.030 05/26/2026 Federal Home Loan Bank 05/12/2021 05/26/2021 5,000,000.00 5,000,000.00 4,581,100.00 (418,900.00)1.030 2.39 907 1.42%Aaa AA+NR 4335 3130AMFS6 FHLB 0.750 06/12/2026 Federal Home Loan Bank 06/16/2021 06/17/2021 5,000,000.00 4,984,774.37 4,549,400.00 (435,374.37)0.873 2.44 924 1.41%Aaa AA+NR 4388 3130AVWS7 FHLB 3.750 06/12/2026 Federal Home Loan Bank 05/08/2023 05/09/2023 3,000,000.00 2,996,586.82 2,942,670.00 (53,916.82)3.796 2.33 924 0.85%Aaa AA+NR 4398 3133EPNG6 FFCB 4.375 06/23/2026 Federal Farm Credit Bank 06/22/2023 06/23/2023 3,000,000.00 2,998,847.50 2,988,360.00 (10,487.50)4.391 2.34 935 0.85%Aaa AA+AA+ 4347 3130AQ7E7 FHLB 1.500 06/30/2026 Federal Home Loan Bank 12/14/2021 12/30/2021 5,000,000.00 5,001,146.91 4,622,050.00 (379,096.91)1.339 2.46 942 1.42%Aaa AA+NR Portfolio: CITYBond Holdings By Sector Report City of Huntington Beach Reporting Period: 11/30/2023 Report Run Date: Dec 22, 2023 17 f-- f--- f---- f-- f--- f---- f- f- f-- f-- f--- 56 Accounting ID CUSIP Ticker Coupon Maturity Date Short Description Trade Date Settlement Date Par Value Book Value Market Value Gain/Loss Book Yield Effective Duration Days to Maturity (%) of Portfolio Moodys Rating S&P Rating Fitch Rating 4384 3130AUMC5 FHLB 3.750 07/20/2026 Federal Home Loan Bank 01/17/2023 01/19/2023 5,000,000.00 5,000,000.00 4,896,900.00 (103,100.00)3.750 2.43 962 1.42%Aaa AA+NR 4356 3130AQS79 FHLB 1.375 08/07/2026 Federal Home Loan Bank 01/27/2022 02/07/2022 5,000,000.00 5,000,000.00 4,670,600.00 (329,400.00)1.375 2.55 980 1.42%Aaa AA+NR 4386 3133EPGT6 FFCB 3.875 04/26/2027 Federal Farm Credit Bank 04/21/2023 04/26/2023 5,000,000.00 4,995,108.51 4,901,900.00 (93,208.51)3.906 3.12 1,242 1.42%Aaa AA+AA+ 4389 3133EPJP1 FFCB 3.625 05/12/2027 Federal Farm Credit Bank 05/08/2023 05/12/2023 5,000,000.00 4,988,063.99 4,861,450.00 (126,613.99)3.700 3.18 1,258 1.42%Aaa AA+AA+ 4392 3130AW4N7 FHLB 3.630 06/04/2027 Federal Home Loan Bank 05/16/2023 05/18/2023 5,000,000.00 5,000,000.00 4,864,650.00 (135,350.00)3.630 3.18 1,281 1.42%Aaa AA+NR 4396 3133EPMV4 FFCB 4.125 06/15/2027 Federal Farm Credit Bank 06/09/2023 06/15/2023 5,000,000.00 4,999,159.51 4,939,500.00 (59,659.51)4.130 3.18 1,292 1.42%Aaa AA+AA+ 4385 3134GYPF3 FHLMC 4.750 07/12/2027 Freddie Mac 04/21/2023 04/24/2023 3,300,000.00 3,295,757.61 3,249,048.00 (46,709.61)4.791 2.14 1,319 0.94%Aaa AA+AA+ 4395 3130AWC24 FHLB 4.000 06/09/2028 Federal Home Loan Bank 06/09/2023 06/13/2023 5,000,000.00 5,004,169.71 4,921,650.00 (82,519.71)3.979 3.99 1,652 1.42%Aaa AA+NR 4399 3130AWC24 FHLB 4.000 06/09/2028 Federal Home Loan Bank 06/26/2023 06/27/2023 5,000,000.00 4,997,487.65 4,921,650.00 (75,837.65)4.012 3.99 1,652 1.42%Aaa AA+NR 4400 31422X5U2 FAMCA 5.100 08/07/2028 Farmer Mac 08/02/2023 08/07/2023 2,000,000.00 2,000,000.00 1,985,200.00 (14,800.00)5.100 2.09 1,711 0.57%NR NR NR U.S. Agencies 178,525,000.00 178,209,322.88 170,869,247.00 (7,340,075.88)50.58% 4355 67066GAL8 NVDA 0.584 06/14/2024 Nvidia 01/20/2022 01/24/2022 5,000,000.00 4,982,461.69 4,872,850.00 (109,611.69)1.250 0.52 196 1.41%A1 A+ 4325 91159HHX1 USB 2.400 07/30/2024 US Bank 04/28/2021 04/30/2021 3,809,000.00 3,854,595.36 3,724,630.65 (129,964.71)0.528 0.64 242 1.09%A3 A A 4343 14913R2P1 CAT 0.600 09/13/2024 Caterpillar 11/30/2021 12/02/2021 5,000,000.00 4,985,336.56 4,817,150.00 (168,186.56)0.980 0.77 287 1.41%A2 A A+ 4371 459200KS9 IBM 4.000 07/27/2025 IBM 08/09/2022 08/11/2022 6,000,000.00 6,017,611.63 5,883,660.00 (133,951.63)3.810 1.55 604 1.71%A3 A-NR 4372 931142EW9 WMT 3.900 09/09/2025 Walmart 09/20/2022 09/22/2022 5,000,000.00 4,979,311.34 4,921,000.00 (58,311.34)4.150 1.67 648 1.41%Aa2 AA AA 4382 717081DV2 PFE 2.750 06/03/2026 Pfizer Inc 01/13/2023 01/18/2023 5,000,000.00 4,838,753.58 4,758,850.00 (79,903.58)4.142 2.34 915 1.37%A1 A+A 4375 110122CN6 BMY 3.200 06/15/2026 Bristol-Myers Squibb 11/14/2022 11/16/2022 5,000,000.00 4,851,306.59 4,808,000.00 (43,306.59)4.480 2.35 927 1.38%A2 A+ 4390 931142EM1 WMT 3.050 07/08/2026 Walmart 05/11/2023 05/15/2023 4,257,000.00 4,184,194.55 4,086,975.42 (97,219.13)3.752 2.42 950 1.19%Aa2 AA AA 4391 904764AU1 UNANA 2.000 07/28/2026 Unilever 05/11/2023 05/15/2023 2,505,000.00 2,396,009.82 2,327,620.95 (68,388.87)3.752 2.51 970 0.68%A1 A+A Corporates 41,571,000.00 41,089,581.13 40,200,737.02 (888,844.11)11.66% Bond Holdings 318,096,000.00 316,634,644.64 304,343,874.02 (12,290,770.62)89.86% Portfolio: CITYBond Holdings By Sector Report City of Huntington Beach Reporting Period: 11/30/2023 Report Run Date: Dec 22, 2023 18 f-- f--- f---- f---- 57 Cash/Money Market/LGIP Activity Report City of Huntington Beach Portfolio: CITY Reporting Date: 11/30/2023 Cash/Money Market Account Activity Accounting ID Description Activity Date Transaction Type Transaction Amount 003 California Asset Management Program 11/01/2023 Interest Received $156,647.74 003 California Asset Management Program 11/17/2023 Withdrawal ($6,000,000.00) 003 California Asset Management Program 11/28/2023 Deposit $5,000,000.00 Activity Total ($843,352.26) 104 First American Treasury Obligations 11/01/2023 Interest Received $580.02 104 First American Treasury Obligations 11/13/2023 Deposit $292,805.56 104 First American Treasury Obligations 11/17/2023 Deposit $8,400.00 104 First American Treasury Obligations 11/27/2023 Deposit $20,000.00 104 First American Treasury Obligations 11/28/2023 Deposit $25,750.00 104 First American Treasury Obligations 11/30/2023 Deposit $3,000,000.00 Activity Total $3,347,535.58 19 58 Bond Redemption Activity Report City of Huntington Beach Portfolio: CITY Reporting Date: 11/30/2023 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 20 59 Bond Purchase Activity Report City of Huntington Beach Portfolio: CITY Reporting Date: 11/30/2023 Purchase Transactions Accounting ID Transaction Type Cusip Description Price Settlement Date Posted Date Par Value Principal Accrued Interest Total 4402 Buy 459058KT9 IBRD 3.500 07/12/2028 94.78000 11/13/2023 11/13/2023 5,000,000.00 $4,739,000.00 $58,819.44 $4,797,819.44 Activity Total 5,000,000.00 $4,739,000.00 $58,819.44 $4,797,819.44 21 60 Bond Interest Received Activity Report City of Huntington Beach Portfolio: CITY Reporting Date: 11/30/2023 Bond Interest Received Accounting ID Transaction Type Cusip Description Date Posted Interest Received Purchased Interest Adjustment Net Interest 4389 Interest Income 3133EPJP1 FFCB 3.625 05/12/2027 11/13/2023 $90,625.00 $90,625.00 4318 Interest Income 3135GA2Z3 FNMA 0.560 11/17/2025 11/17/2023 $8,400.00 $8,400.00 4327 Interest Income 3130AMDL3 FHLB 0.800 07/25/2025 11/27/2023 $20,000.00 $20,000.00 4328 Interest Income 3130AMJN3 FHLB 1.030 05/26/2026 11/27/2023 $25,750.00 $25,750.00 Activity Total $144,775.00 $0.00 $144,775.00 22 61 Statement of Cash Receipts and Disbursements and Cash Receipts and Disbursements October 2023 November 2023 Receipts General Fund Property Tax 246,426$13,791,928$ Local Sales Tax 4,201,331 3,944,653 Public Safety Sales Tax 236,550 244,768 Transient Occupancy Tax (TOT)1,689,599 1,419,750 Utility Users Tax (UUT)2,417,455 2,091,183 Other Revenue 5,669,127 5,396,567 Total General Fund Revenue 14,460,488 26,888,849 Total All Other Funds Revenue 15,858,729 24,250,676 Total Receipts 30,319,217$ 51,139,525$ Disbursements General Fund Personnel Services (11,932,469) (12,831,863) Operating Expenses (5,094,618) (4,421,467) Capital Expenditures ‐‐ Non‐Operating Expenses (65,934)(5,688) Total General Fund Disbursements (17,093,021) (17,259,018) Total All Other Funds Disbursements (15,791,321) (20,257,979) Total Disbursements (32,884,342) (37,516,996) Net Change in Cash Flow (2,565,125)$ 13,622,529$ Summary of Cash by Fund October 2023 November 2023 General Fund 58,296,947$ 67,926,778$ General Fund Other 5,351,166 5,453,511 Capital Projects Funds 71,511,509 69,241,611 Debt Service Funds 30,297,321 31,743,448 Enterprise Funds 73,832,411 80,368,509 Trust and Agency Funds 4,536,235 2,965,717 Internal Service Funds 56,363,664 55,112,174 Special Revenue Funds 50,596,466 51,596,498 General Ledger Cash Balances * 350,785,718$ 364,408,247$ 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 November 2023 23 62 Par Value Book Value Market Value Book Value % of Port Book Yield Book Yield Contribution Days to Maturity Cash / Money Market Local Govt Inv Pools (LGIP) U.S. Treasuries Supranational U.S. Agencies Corporates Hold Total $35,000.00 $35,000.00 $35,000.00 0.01%5.24%0.00%1 $33,191,953.00 $33,191,953.00 $33,191,953.00 9.62%5.56%0.53%1 $68,000,000.00 $67,753,344.77 $64,447,770.00 19.63%1.79%0.35%573 $25,000,000.00 $24,831,484.32 $23,238,600.00 7.20%1.38%0.10%832 $178,525,000.00 $178,194,216.85 $169,069,305.25 51.64%2.26%1.17%766 $41,571,000.00 $41,074,940.83 $39,811,554.71 11.90%3.00%0.36%649 $346,322,953.00 $345,080,939.77 $329,794,182.96 100.00%2.51%645 Portfolio Investments 10/31/2023 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) City Portfolio Certification Fiscal YTD Transactions Redemptions 2 Purchases 0 Total Activity 2 Period Transactions Redemptions 10 Purchases 2 Total Activity 12 Net Period Earnings $3,090,702.15 Last FY Period Net Earnings $1,354,829.41 Avg Daily Book Balance $358,313,053.80 $1.00 $1.00 Net Effective Annual Return 2.589% Net Period Earnings $735,333.30 Last FY Period Net Earnings $403,240.70 Avg Daily Book Balance $347,214,453.47 $1.00 $1.00 Net Effective Annual Return 2.529% Fiscal YTD Summary (123 Days)Period Earnings Summary (31 Days) __________________________________________________________________________ sum2 Total Market Value $1.00 $329,794,182.96 sum2 Total Book Value $2.00 $345,080,939.77 Market Value Book Value Par Value Portfolio Summary City of Huntington Beach Portfolio: CITY Reporting Date: (FY2024) 10/01/2023 - 10/31/2023 Full Accrual Basis sum2 Total Par Value $1.00 $346,322,953.00 The City Portfolio uses a 12 month moving average of the 1.5Yr Treasury for comparison purposes. This period, that rate is equal to: 4.830% ____________________________________________ 24 ' i -.: '.L' ~ -·c_ \ ! - ~~ .• -...:-_,,,, ~ l I l I l I I I I I I Ag l [ l I I I 63 Accounting ID Ticker Pool Description Type Par Value Book Value Market Value Rate % of Portfolio Rating 003 CAMP California Asset Management Program LGIP 33,191,953.00 33,191,953.00 33,191,953.00 5.56 9.62%NR 104 FUZXX First American Treasury Obligations Cash/Money Market 35,000.00 35,000.00 35,000.00 5.24 0.01%NR CITY Fund Total 33,226,953.00 33,226,953.00 33,226,953.00 9.63% Portfolio: CITYCash By Fund Report City of Huntington Beach Reporting Period: 10/31/2023 Report Run Date: Nov 22, 2023 25 64 Accounting ID CUSIP Ticker Coupon Maturity Date Short Description Trade Date Settlement Date Par Value Book Value Market Value Gain/Loss Book Yield Effective Duration Days to Maturity (%) of Portfolio Mdy/S&P/Fitch 4364 9128286Z8 T 1.750 06/30/2024 U.S. Treasury Note 04/29/2022 05/02/2022 7,000,000.00 6,956,106.10 6,829,130.00 (126,976.10)2.730 0.64 242 2.02%Aaa/AA+/AA+ 4370 912828XX3 T 2.000 06/30/2024 U.S. Treasury Note 05/26/2022 05/27/2022 5,000,000.00 4,985,171.57 4,885,950.00 (99,221.57)2.462 0.64 242 1.44%Aaa/AA+/AA+ 4353 912828Y87 T 1.750 07/31/2024 U.S. Treasury Note 01/13/2022 01/14/2022 5,000,000.00 5,026,594.73 4,863,100.00 (163,494.73)1.028 0.73 273 1.46%Aaa/AA+/AA+ 4358 912828Y87 T 1.750 07/31/2024 U.S. Treasury Note 02/10/2022 02/11/2022 4,000,000.00 4,004,520.71 3,890,480.00 (114,040.71)1.595 0.73 273 1.16%Aaa/AA+/AA+ 4361 912828D56 T 2.375 08/15/2024 U.S. Treasury Note 03/21/2022 03/22/2022 5,000,000.00 5,005,131.13 4,879,700.00 (125,431.13)2.240 0.76 288 1.45%Aaa/AA+/AA+ 4298 912828YH7 T 1.500 09/30/2024 U.S. Treasury Note 12/04/2019 12/05/2019 5,000,000.00 4,995,827.37 4,824,800.00 (171,027.37)1.595 0.89 334 1.45%Aaa/AA+/AA+ 4350 912828YM6 T 1.500 10/31/2024 U.S. Treasury Note 12/30/2021 12/31/2021 3,000,000.00 3,017,107.39 2,885,640.00 (131,467.39)0.920 0.97 365 0.87%Aaa/AA+/AA+ 4376 91282CEU1 T 2.875 06/15/2025 U.S. Treasury Note 11/17/2022 11/18/2022 3,000,000.00 2,936,082.89 2,892,780.00 (43,302.89)4.276 1.54 592 0.85%Aaa/AA+/AA+ 4330 91282CAB7 T 0.250 07/31/2025 U.S. Treasury Note 05/18/2021 05/19/2021 5,000,000.00 4,968,557.50 4,594,350.00 (374,207.50)0.615 1.70 638 1.44%Aaa/AA+/AA+ 4340 91282CAJ0 T 0.250 08/31/2025 U.S. Treasury Note 09/23/2021 09/27/2021 5,000,000.00 4,956,263.08 4,578,300.00 (377,963.08)0.735 1.78 669 1.44%Aaa/AA+/AA+ 4351 9128284Z0 T 2.750 08/31/2025 U.S. Treasury Note 12/30/2021 12/31/2021 5,000,000.00 5,147,289.92 4,792,200.00 (355,089.92)1.103 1.74 669 1.49%Aaa/AA+/AA+ 4341 91282CCP4 T 0.625 07/31/2026 U.S. Treasury Note 09/30/2021 09/30/2021 5,000,000.00 4,956,464.46 4,455,300.00 (501,164.46)0.950 2.65 1,003 1.44%Aaa/AA+/AA+ 4339 91282CCW9 T 0.750 08/31/2026 U.S. Treasury Note 09/23/2021 09/23/2021 1,000,000.00 996,128.95 891,090.00 (105,038.95)0.890 2.73 1,034 0.29%Aaa/AA+/AA+ 4342 91282CCW9 T 0.750 08/31/2026 U.S. Treasury Note 11/22/2021 11/23/2021 5,000,000.00 4,926,731.13 4,455,450.00 (471,281.13)1.285 2.73 1,034 1.43%Aaa/AA+/AA+ 4379 91282CEW7 T 3.250 06/30/2027 U.S. Treasury Note 12/28/2022 12/29/2022 5,000,000.00 4,875,367.85 4,729,500.00 (145,867.85)4.000 3.34 1,337 1.41%Aaa/AA+/AA+ U.S. Treasuries 68,000,000.00 67,753,344.77 64,447,770.00 (3,305,574.77)19.63% 4323 459056HV2 IBRD 1.500 08/28/2024 Int'l Bank for Recon and Dev 04/21/2021 04/23/2021 5,000,000.00 5,043,970.79 4,837,350.00 (206,620.79)0.425 0.80 301 1.46%Aaa/AAA/AAA 4338 459058JE4 IBRD 0.376 07/28/2025 Int'l Bank for Recon and Dev 07/28/2021 07/30/2021 5,000,000.00 4,982,123.09 4,598,200.00 (383,923.09)0.583 1.69 635 1.44%Aaa/AAA/AAA 4319 459058JL8 IBRD 0.500 10/28/2025 Int'l Bank for Recon and Dev 01/08/2021 01/12/2021 5,000,000.00 4,998,857.62 4,564,200.00 (434,657.62)0.512 1.93 727 1.45%Aaa/AAA/AAA 4324 45906M2L4 IBRD 0.650 02/24/2026 Int'l Bank for Recon and Dev 04/28/2021 04/30/2021 5,000,000.00 4,975,115.69 4,487,200.00 (487,915.69)0.870 2.23 846 1.44%Aaa/AAA/AAA 4401 45818WEQ5 IADB 3.800 06/09/2028 Inter-American Development Bank 09/19/2023 09/21/2023 5,000,000.00 4,831,417.14 4,751,650.00 (79,767.14)4.622 4.08 1,682 1.40%Aaa/AAA/AAA Supranational 25,000,000.00 24,831,484.32 23,238,600.00 (1,592,884.32)7.20% 4387 3130AUXN9 FHLB 5.000 02/15/2024 Federal Home Loan Bank 04/24/2023 04/25/2023 3,000,000.00 3,000,570.21 2,994,120.00 (6,450.21)4.923 0.28 106 0.87%Aaa/AA+/NR 4292 3133ECHX5 FFCB 2.260 03/13/2024 Federal Farm Credit Bank 05/22/2019 05/23/2019 5,000,000.00 5,000,412.02 4,942,200.00 (58,212.02)2.236 0.36 133 1.45%Aaa/AA+/AA+ 4378 3130ATVC8 FHLB 4.875 06/14/2024 Federal Home Loan Bank 12/27/2022 12/28/2022 5,000,000.00 5,003,709.60 4,982,000.00 (21,709.60)4.740 0.59 226 1.45%Aaa/AA+/NR 4348 3130AQD42 FHLB 0.920 06/28/2024 Federal Home Loan Bank 12/14/2021 12/28/2021 5,000,000.00 5,000,000.00 4,851,000.00 (149,000.00)0.920 0.64 240 1.45%Aaa/AA+/NR 4380 3134GYCP5 FHLMC 5.000 07/23/2024 Freddie Mac 01/05/2023 01/23/2023 5,000,000.00 5,000,000.00 4,978,050.00 (21,950.00)5.000 0.70 265 1.45%Aaa/AA+/AA+ 4344 3130AQ3C5 FHLB 1.000 08/28/2024 Federal Home Loan Bank 12/01/2021 12/02/2021 4,000,000.00 4,000,000.00 3,852,760.00 (147,240.00)1.000 0.80 301 1.16%Aaa/AA+/NR 4373 3133XVDG3 FHLB 4.375 09/13/2024 Federal Home Loan Bank 09/22/2022 09/23/2022 5,000,000.00 5,005,514.93 4,954,550.00 (50,964.93)4.240 0.84 317 1.45%Aaa/AA+/NR 4336 3130AMXJ6 FHLB 0.500 09/30/2024 Federal Home Loan Bank 06/17/2021 06/30/2021 5,000,000.00 5,000,000.00 4,775,100.00 (224,900.00)0.500 0.89 334 1.45%Aaa/AA+/NR 4346 3130AQD59 FHLB 1.000 09/30/2024 Federal Home Loan Bank 12/14/2021 12/30/2021 5,000,000.00 5,000,000.00 4,797,150.00 (202,850.00)1.000 0.89 334 1.45%Aaa/AA+/NR 4349 3130AQD59 FHLB 1.000 09/30/2024 Federal Home Loan Bank 12/22/2021 12/30/2021 5,000,000.00 5,000,000.00 4,797,150.00 (202,850.00)1.000 0.89 334 1.45%Aaa/AA+/NR 4334 3130AMW65 FHLB 0.500 12/30/2024 Federal Home Loan Bank 06/15/2021 06/30/2021 5,000,000.00 5,000,000.00 4,718,750.00 (281,250.00)0.500 1.13 425 1.45%Aaa/AA+/NR 4332 3130AMQ62 FHLB 0.625 03/14/2025 Federal Home Loan Bank 05/26/2021 06/14/2021 5,000,000.00 5,000,000.00 4,683,350.00 (316,650.00)0.625 1.33 499 1.45%Aaa/AA+/NR 4397 3130AWER7 FHLB 4.625 06/06/2025 Federal Home Loan Bank 06/14/2023 06/15/2023 3,000,000.00 2,998,471.52 2,967,750.00 (30,721.52)4.659 1.49 583 0.87%Aaa/AA+/NR 4329 3135G04Z3 FNMA 0.500 06/17/2025 Fannie Mae 05/13/2021 05/14/2021 5,000,000.00 4,989,716.16 4,637,450.00 (352,266.16)0.628 1.58 594 1.45%Aaa/AA+/AA+ 4381 3135G04Z3 FNMA 0.500 06/17/2025 Fannie Mae 01/12/2023 01/13/2023 5,000,000.00 4,730,131.58 4,637,450.00 (92,681.58)4.013 1.58 594 1.37%Aaa/AA+/AA+ 4345 3130AQ5S8 FHLB 1.250 06/30/2025 Federal Home Loan Bank 12/08/2021 12/30/2021 4,650,000.00 4,650,000.00 4,349,935.50 (300,064.50)1.250 1.60 607 1.35%Aaa/AA+/NR 4327 3130AMDL3 FHLB 0.800 07/25/2025 Federal Home Loan Bank 05/11/2021 05/25/2021 5,000,000.00 5,000,000.00 4,630,400.00 (369,600.00)0.800 1.67 632 1.45%Aaa/AA+/NR 4360 3130AQT94 FHLB 1.600 08/28/2025 Federal Home Loan Bank 03/03/2022 03/04/2022 4,575,000.00 4,557,622.11 4,293,591.75 (264,030.36)1.816 1.75 666 1.32%Aaa/AA+/NR 4331 3130AMQ54 FHLB 0.700 09/16/2025 Federal Home Loan Bank 05/26/2021 06/16/2021 5,000,000.00 5,000,000.00 4,598,150.00 (401,850.00)0.700 1.82 685 1.45%Aaa/AA+/NR 4318 3135GA2Z3 FNMA 0.560 11/17/2025 Fannie Mae 01/08/2021 01/11/2021 3,000,000.00 3,001,391.07 2,732,970.00 (268,421.07)0.500 1.98 747 0.87%Aaa/AA+/AA+ 4320 3130AKN36 FHLB 0.525 01/15/2026 Federal Home Loan Bank 01/14/2021 01/15/2021 5,000,000.00 4,997,794.44 4,517,050.00 (480,744.44)0.545 2.13 806 1.45%Aaa/AA+/NR 4321 3130AKN85 FHLB 0.550 01/20/2026 Federal Home Loan Bank 01/14/2021 01/20/2021 5,000,000.00 4,998,890.28 4,516,900.00 (481,990.28)0.560 2.15 811 1.45%Aaa/AA+/NR 4322 3130AKUS3 FHLB 0.500 01/28/2026 Federal Home Loan Bank 01/26/2021 01/28/2021 5,000,000.00 5,000,000.00 4,507,650.00 (492,350.00)0.500 2.17 819 1.45%Aaa/AA+/NR 4333 3130ALEY6 FHLB 0.800 03/04/2026 Federal Home Loan Bank 06/09/2021 06/10/2021 5,000,000.00 5,000,000.00 4,522,850.00 (477,150.00)0.800 2.25 854 1.45%Aaa/AA+/NR 4328 3130AMJN3 FHLB 1.030 05/26/2026 Federal Home Loan Bank 05/12/2021 05/26/2021 5,000,000.00 5,000,000.00 4,514,400.00 (485,600.00)1.030 2.46 937 1.45%Aaa/AA+/NR 4335 3130AMFS6 FHLB 0.750 06/12/2026 Federal Home Loan Bank 06/16/2021 06/17/2021 5,000,000.00 4,984,272.98 4,480,400.00 (503,872.98)0.873 2.51 954 1.44%Aaa/AA+/NR 4388 3130AVWS7 FHLB 3.750 06/12/2026 Federal Home Loan Bank 05/08/2023 05/09/2023 3,000,000.00 2,996,474.42 2,906,430.00 (90,044.42)3.796 2.40 954 0.87%Aaa/AA+/NR 4398 3133EPNG6 FFCB 4.375 06/23/2026 Federal Farm Credit Bank 06/22/2023 06/23/2023 3,000,000.00 2,998,810.00 2,950,500.00 (48,310.00)4.391 2.42 965 0.87%Aaa/AA+/AA+ 4347 3130AQ7E7 FHLB 1.500 06/30/2026 Federal Home Loan Bank 12/14/2021 12/30/2021 5,000,000.00 5,001,183.95 4,553,900.00 (447,283.95)1.339 2.53 972 1.45%Aaa/AA+/NR 4384 3130AUMC5 FHLB 3.750 07/20/2026 Federal Home Loan Bank 01/17/2023 01/19/2023 5,000,000.00 5,000,000.00 4,833,400.00 (166,600.00)3.750 2.51 992 1.45%Aaa/AA+/NR Portfolio: CITYBond Holdings By Sector Report City of Huntington Beach Reporting Period: 10/31/2023 Report Run Date: Jan 19, 2024 26 - - - - - - - - - - - 65 Accounting ID CUSIP Ticker Coupon Maturity Date Short Description Trade Date Settlement Date Par Value Book Value Market Value Gain/Loss Book Yield Effective Duration Days to Maturity (%) of Portfolio Mdy/S&P/Fitch 4356 3130AQS79 FHLB 1.375 08/07/2026 Federal Home Loan Bank 01/27/2022 02/07/2022 5,000,000.00 5,000,000.00 4,597,550.00 (402,450.00)1.375 2.62 1,010 1.45%Aaa/AA+/NR 4386 3133EPGT6 FFCB 3.875 04/26/2027 Federal Farm Credit Bank 04/21/2023 04/26/2023 5,000,000.00 4,994,988.72 4,815,550.00 (179,438.72)3.906 3.20 1,272 1.45%Aaa/AA+/AA+ 4389 3133EPJP1 FFCB 3.625 05/12/2027 Federal Farm Credit Bank 05/08/2023 05/12/2023 5,000,000.00 4,987,775.45 4,773,250.00 (214,525.45)3.700 3.19 1,288 1.45%Aaa/AA+/AA+ 4392 3130AW4N7 FHLB 3.630 06/04/2027 Federal Home Loan Bank 05/16/2023 05/18/2023 5,000,000.00 5,000,000.00 4,774,500.00 (225,500.00)3.630 3.25 1,311 1.45%Aaa/AA+/NR 4396 3133EPMV4 FFCB 4.125 06/15/2027 Federal Farm Credit Bank 06/09/2023 06/15/2023 5,000,000.00 4,999,139.72 4,849,550.00 (149,589.72)4.130 3.25 1,322 1.45%Aaa/AA+/AA+ 4385 3134GYPF3 FHLMC 4.750 07/12/2027 Freddie Mac 04/21/2023 04/24/2023 3,300,000.00 3,295,659.78 3,213,408.00 (82,251.78)4.791 2.34 1,349 0.96%Aaa/AA+/AA+ 4395 3130AWC24 FHLB 4.000 06/09/2028 Federal Home Loan Bank 06/09/2023 06/13/2023 5,000,000.00 5,004,246.55 4,805,550.00 (198,696.55)3.979 4.06 1,682 1.45%Aaa/AA+/NR 4399 3130AWC24 FHLB 4.000 06/09/2028 Federal Home Loan Bank 06/26/2023 06/27/2023 5,000,000.00 4,997,441.36 4,805,550.00 (191,891.36)4.012 4.06 1,682 1.45%Aaa/AA+/NR 4400 31422X5U2 FAMCA 5.100 08/07/2028 Farmer Mac 08/02/2023 08/07/2023 2,000,000.00 2,000,000.00 1,957,040.00 (42,960.00)5.100 2.92 1,741 0.58%NR/NR/NR U.S. Agencies 178,525,000.00 178,194,216.85 169,069,305.25 (9,124,911.60)51.64% 4355 67066GAL8 NVDA 0.584 06/14/2024 Nvidia 01/20/2022 01/24/2022 5,000,000.00 4,979,735.52 4,847,600.00 (132,135.52)1.250 0.60 226 1.44%A1/A+/ 4325 91159HHX1 USB 2.400 07/30/2024 US Bank 04/28/2021 04/30/2021 3,809,000.00 3,860,318.62 3,702,576.54 (157,742.08)0.528 0.72 272 1.12%A3/A/A 4343 14913R2P1 CAT 0.600 09/13/2024 Caterpillar 11/30/2021 12/02/2021 5,000,000.00 4,983,776.62 4,788,150.00 (195,626.62)0.980 0.84 317 1.44%A2/A/A+ 4371 459200KS9 IBM 4.000 07/27/2025 IBM 08/09/2022 08/11/2022 6,000,000.00 6,018,498.12 5,840,340.00 (178,158.12)3.810 1.63 634 1.74%A3/A-/ 4372 931142EW9 WMT 3.900 09/09/2025 Walmart 09/20/2022 09/22/2022 5,000,000.00 4,978,338.52 4,884,400.00 (93,938.52)4.150 1.75 678 1.44%Aa2/AA/AA 4382 717081DV2 PFE 2.750 06/03/2026 Pfizer Inc 01/13/2023 01/18/2023 5,000,000.00 4,833,390.62 4,684,450.00 (148,940.62)4.142 2.41 945 1.40%A1/A+/A 4375 110122CN6 BMY 3.200 06/15/2026 Bristol-Myers Squibb 11/14/2022 11/16/2022 5,000,000.00 4,846,426.07 4,738,000.00 (108,426.07)4.480 2.41 957 1.40%A2/A+/ 4390 931142EM1 WMT 3.050 07/08/2026 Walmart 05/11/2023 05/15/2023 4,257,000.00 4,181,863.54 4,034,188.62 (147,674.92)3.752 2.48 980 1.21%Aa2/AA/AA 4391 904764AU1 UNANA 2.000 07/28/2026 Unilever 05/11/2023 05/15/2023 2,505,000.00 2,392,593.20 2,291,849.55 (100,743.65)3.752 2.58 1,000 0.69%A1/A+/A Corporates 41,571,000.00 41,074,940.83 39,811,554.71 (1,263,386.12)11.90% Bond Holdings 313,096,000.00 311,853,986.77 296,567,229.96 (15,286,756.81)90.37% Portfolio: CITYBond Holdings By Sector Report City of Huntington Beach Reporting Period: 10/31/2023 Report Run Date: Jan 19, 2024 27 - - - - 66 Cash/Money Market/LGIP Activity Report City of Huntington Beach Portfolio: CITY Reporting Date: 10/31/2023 Cash/Money Market Account Activity Accounting ID Description Activity Date Transaction Type Transaction Amount 003 California Asset Management Program 10/02/2023 Interest Received $164,269.68 Activity Total $164,269.68 104 First American Treasury Obligations 10/26/2023 Deposit $96,875.00 104 First American Treasury Obligations 10/25/2023 Deposit $4,000,000.00 104 First American Treasury Obligations 10/27/2023 Withdrawal ($4,096,875.00) 104 First American Treasury Obligations 10/19/2023 Deposit $3,000,000.00 104 First American Treasury Obligations 10/20/2023 Withdrawal ($3,000,000.00) 104 First American Treasury Obligations 10/30/2023 Deposit $12,500.00 104 First American Treasury Obligations 10/31/2023 Deposit $22,500.00 Activity Total $35,000.00 28 67 Bond Redemption Activity Report City of Huntington Beach Portfolio: CITY Reporting Date: 10/31/2023 Redemption Transactions Accounting ID Transaction Type Cusip Description Price Settlement Date Posted Date Par Value Principal Accrued Interest Total 4300 Maturity 254687CR5 DIS 4.000 10/01/2023 100.00000 10/01/2023 10/02/2023 $2,875,000.00 $2,875,000.00 $0.00 $2,875,000.00 4377 Maturity 313384ND7 FHDN 0.000 10/19/2023 100.00000 10/19/2023 10/19/2023 $3,000,000.00 $3,000,000.00 $0.00 $3,000,000.00 Activity Total $5,875,000.00 $5,875,000.00 $0.00 $5,875,000.00 29 68 Bond Purchase Activity Report City of Huntington Beach Portfolio: CITY Reporting Date: 10/31/2023 Purchase 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 ;j .. 1.1r ~~ ~ .f. ";:; .· ·, \ . ~ _-!L..!''' -.: , ' - r I T I I T 1 I T I 1 T 7 69 Bond Interest Received Activity Report City of Huntington Beach Portfolio: CITY Reporting Date: 10/31/2023 Bond Interest Received Accounting ID Transaction Type Cusip Description Date Posted Interest Received Purchased Interest Adjustment Net Interest 4298 Interest Income 912828YH7 T 1.500 09/30/2024 10/02/2023 $37,500.00 $37,500.00 4300 Interest Income 254687CR5 DIS 4.000 10/01/2023 10/02/2023 $57,500.00 $57,500.00 4336 Interest Income 3130AMXJ6 FHLB 0.500 09/30/2024 10/02/2023 $12,500.00 $12,500.00 4386 Interest Income 3133EPGT6 FFCB 3.875 04/26/2027 10/26/2023 $96,875.00 $96,875.00 4319 Interest Income 459058JL8 IBRD 0.500 10/28/2025 10/30/2023 $12,500.00 $12,500.00 4350 Interest Income 912828YM6 T 1.500 10/31/2024 10/31/2023 $22,500.00 $22,500.00 Activity Total $239,375.00 $0.00 $239,375.00 31 70 Statement of Cash Receipts and Disbursements and Cash Receipts and Disbursements September 2023 October 2023 Receipts General Fund Property Tax 999,234$246,426$ Local Sales Tax 3,935,747 4,201,331 Public Safety Sales Tax 231,199 236,550 Transient Occupancy Tax (TOT)1,671,484 1,689,599 Utility Users Tax (UUT)1,693,569 2,417,455 Other Revenue 4,620,877 5,669,127 Total General Fund Revenue 13,152,111 14,460,488 Total All Other Funds Revenue 20,570,921 15,858,729 Total Receipts 33,723,032$ 30,319,217$ Disbursements General Fund Personnel Services (11,240,451) (11,932,469) Operating Expenses (3,259,040) (5,094,618) Capital Expenditures ‐‐ Non‐Operating Expenses (3,831,000)(65,934) Total General Fund Disbursements (18,330,491) (17,093,021) Total All Other Funds Disbursements (26,126,206) (15,791,321) Total Disbursements (44,456,698) (32,884,342) Net Change in Cash Flow (10,733,666)$ (2,565,125)$ Summary of Cash by Fund September 2023 October 2023 General Fund 101,259,457$ 98,626,924$ General Fund Other 5,505,002 5,359,882 Capital Projects Funds 53,962,133 51,813,430 Debt Service Funds 27,479,838 27,329,640 Enterprise Funds 71,643,848 73,838,860 Trust and Agency Funds 10,245,364 11,074,223 Internal Service Funds 38,950,294 37,645,916 Special Revenue Funds 44,304,899 45,096,836 General Ledger Cash Balances * 353,350,836$ 350,785,712$ 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 October 2023 32 71 Quarterly Investment Report Alisa Backstrom, MBA, CCMT, CPFIM Elected City Treasurer Quarter Ended: December 31, 2023 72 INTEREST RATES – US TREASURY YIELD CURVE DECEMBER 31, 2023 5-YR = 3.85% 2-YR = 4.25% 1-MO = 5.4% INVERTED YIELD CURVE 1-MO. = 5.4% 2-YR = 4.25% 5-YR = 3.85% 73 INVESTMENT PORTFOLIO – SUMMARY QUARTER END 12/31/23 ($ in millions) Investment Type Book Value Market Value U.S. Agencies 182.7$177.1$ U.S. Treasuries 72.7$ 70.3$ Corporate Bonds 50.5$ 49.9$ CAMP Investment Pool 31.9$ 31.9$ Supranational Bonds 34.4$ 33.6$ Cash / Money Market 1.2$ 1.2$ TOTAL 373.4$364.0$ 1- I 74 INVESTMENT PORTFOLIO – INVESTMENTS BY TYPE QUARTER END 12/31/23 49%19%13%9%9%1% U.S. Agencies U.S. Treasuries Corporate Bonds Supranationals CAMP Cash / Money Market ::::::■::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::■::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::■::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ...................................................................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ::::::.::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::.::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ..................................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 INVESTMENT PORTFOLIO – BY MATURITYQUARTER END 12/31/23 4-SYr 7.07% 3-4Yr 10.05% 2 -3Yr 24.79% Maturity Distribution Book Value " of Portfollo CASH 8.86% 0 -1Yr 28.08% 1-2Yr 21.14% 76 INVESTMENT PORTFOLIO – SELECTED ACTIVITY QUARTER END 12/31/23 U.S. Agencies U.S. Treasuries Corporate Bonds Supranationals $4.5MM Purchases $3MM Maturities $5MM Purchases $10MM Purchases $2.9MM Maturities $10MM Purchases Total Purchases: $29.5 million Total Maturities: $5.9 million 77 INVESTMENT PORTFOLIO – EARNINGS QUARTER END 12/31/23 •$767,581 Up 66% Current Month: •$4,581,569 Up 105% Fiscal Year-to-date: •2.56 % Monthly Effective Annual Return: •2.58 % FYTD Effective Annual Return: 78 INVESTMENT PORTFOLIO – SELECTED COMPLIANCE QUARTER END 12/31/23 MAXI UM INVESTMENT MAXIMUM SPECIFIED o/o OF MINIMUM QUALITY IN PORTFOLIO/ TYPE MATURITY REQUIREMENTS COMPLIANCE? MAXIMUM PER ISSUER U.S . Treasuries 5 years None None YES U.S. Agenci;s 5 years Nono Nono YES Supranationa ls 5 years 30% •AA• Rating Category YES Corporate Bonds 5 years 30%!10% ·A-Rating Category YES Mon;y Mark;t 60 days 16%110% "AAA" Rating Mutua l Funds Category YES CA Asset Management N/A Up to $75,000,000 None Program (CAMP) YES Maximum Matur ities No morg than 50 % of portfolio maturing ovgr 4 years . YES 79 Questions? 80 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-113 MEETING DATE:2/20/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Jennifer Villasenor, Acting Director of Community Development PREPARED BY:Nicolle Aube, AICP, Senior Management Analyst Subject: Consider and direct staff to forward the 2023 Housing Element Annual Progress Report to the California Department of Housing and Community Development and the Governor’s Office of Planning and Research Statement of Issue: State law requires cities and counties to prepare a Housing Element Annual Progress Report (APR) to track progress made on their respective Housing Element implementation efforts. The APR is due to the California Department of Housing and Community Development (HCD) and Governor’s Office of Planning and Research (OPR) by April 1 every year to provide data on the prior calendar year. City staff has prepared Huntington Beach’s APR for calendar year 2023 for the City Council’s consideration. Filing an APR is required in order to continue receiving Permanent Local Housing Allocation funds (PLHA) for homelessness response programs, in addition to other regional and state funds. Pursuant to Government Code Section 65913.4(4)(a), proposed housing developments are entitled to SB 35 streamlining (ministerial approval) if the City fails to submit the APR by the April 1 deadline for two consecutive years. Financial Impact: There is no financial impact to filing the APR. By meeting this and other eligibility requirements, the City may continue to apply for certain, eligible state and regional grant funds. Recommended Action: Approve the 2023 Housing Element Annual Progress Report, and direct staff to submit the 2023 Housing Element APR to the California Department of Housing and Community Development and Governor’s Office of Planning and Research. Alternative Action(s): Do not approve the 2023 Housing Element Progress Report, and direct staff accordingly. Pursuant to Government Code Section 65913.4(4)(a), proposed housing developments are entitled to SB 35 streamlining (ministerial approval) if the City fails to submit the APR by the April 1 deadline for two City of Huntington Beach Printed on 2/14/2024Page 1 of 2 powered by Legistar™81 File #:24-113 MEETING DATE:2/20/2024 consecutive years. Analysis: The Housing Element APR represents a state-mandated report that details the City’s progress implementing the Housing Element in a given year. The APR lists entitlements received for housing projects, building permits issued, and associated affordability of the new units for the 2023 calendar year. In 2023, the City issued building permits for the construction of 399 market rate (above moderate income) housing units, 27 moderate income units, 107 low income units, and 21 very low income units. In 2023, the City issued permits to construct 84 Accessory Dwelling Units (ADU). ADU affordability is based on a HCD approved survey conducted by Southern California Association of Governments (SCAG) for use by SCAG jurisdictions. As such, ADUs contributed to meeting all of the very low and a portion of the low income RHNA units produced in 2023. Staff has prepared the report utilizing the forms adopted by HCD in accordance with the California Code of Regulations. A copy of the report is provided as Attachment No. 1. Upon approval by City Council, staff would submit the APR to HCD and OPR, as required under Section 65400 of the California Government Code. Environmental Status: This action is covered by the General Rule that the California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment (Section 15061.b.3 of the State CEQA Guidelines). It can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment. Therefore, this activity is not subject to CEQA. Strategic Plan Goal: Non Applicable - Administrative Item For details, visit www.huntingtonbeachca.gov/strategicplan <http://www.huntingtonbeachca.gov/strategicplan>. Attachment(s): 1. 2023 Housing Element Annual Progress Report City of Huntington Beach Printed on 2/14/2024Page 2 of 2 powered by Legistar™82 Jurisidiction Name Reporting Calendar Year First Name Last Name Title Click here to download APR Instructions Email Phone Street Address City Zipcode Please Start Here General Information 2023 Huntington Beach Contact Information Optional: Click here to import last year's data. This is best used when the workbook is new and empty. You will be prompted to pick an old workbook to import from. Project and program data will be copied exactly how it was entered in last year's form and must be updated. If a project is no longer has any reportable activity, you may delete the project by selecting a cell in the row and typing ctrl + d. Click here to add rows to a table. If you add too many rows, you may select a cell in the row you wish to remove and type ctrl + d. 2000 Main Street Huntington Beach 92648 Nicolle Aube Senior Analyst nicolle.aube@surfcity-hb.org 7143741529 Mailing Address Annual Progress Report January 202083 Optional: This runs a macro which checks to ensure all required fields are filled out. The macro will create two files saved in the same directory this APR file is saved in. One file will be a copy of the APR with highlighted cells which require information. The other file will be list of the problematic cells, along with a description of the nature of the error. Optional: Save before running. This copies data on Table A2, and creates another workbook with the table split across 4 tabs, each of which can fit onto a single page for easier printing. Running this macro will remove the comments on the column headers, which contain the instructions. Do not save the APR file after running in order to preserve comments once it is reopened. Optional: This macro identifies dates entered that occurred outside of the reporting year. RHNA credit is only given for building permits issued during the reporting year. Link to the online system:https://apr.hcd.ca.gov/APR/login.do Submittal Instructions Please save your file as Jurisdictionname2022 (no spaces). Example: the city of San Luis Obispo would save their file as SanLuisObispo2022 Housing Element Annual Progress Reports (APRs) forms and tables must be submitted to HCD and the Governor's Office of Planning and Research (OPR) on or before April 1 of each year for the prior calendar year; submit separate reports directly to both HCD and OPR pursuant to Government Code section 65400. There are two options for submitting APRs: 1. Online Annual Progress Reporting System - Please see the link to the online system to the left. This allows you to upload the completed APR form into directly into HCD’s database limiting the risk of errors. If you would like to use the online system, email APR@hcd.ca.gov and HCD will send you the login information for your jurisdiction. Please note: Using the online system only provides the information to HCD. The APR must still be submitted to OPR. Their email address is opr.apr@opr.ca.gov. 2. Email - If you prefer to submit via email, you can complete the excel Annual Progress Report forms and submit to HCD at APR@hcd.ca.gov and to OPR at opr.apr@opr.ca.gov. Please send the Excel workbook, not a scanned or PDF copy of the tables. 84 Jurisdiction Huntington Beach Reporting Year 2023 Housing Element Planning Period 6th Cycle Current Year Deed Restricted 0 Non-Deed Restricted 21 Deed Restricted 71 Non-Deed Restricted 36 Deed Restricted 2 Non-Deed Restricted 25 399 554 Units by Structure Type Entitled Permitted Completed Single-family Attached 0 26 0 Single-family Detached 0 96 0 2 to 4 units per structure 0 2 0 5+ units per structure 0 346 0 Accessory Dwelling Unit 0 84 0 Mobile/Manufactured Home 0 0 0 Total 0 554 0 Infill Housing Developments and Infill Units Permitted # of Projects Units 189 554 00 5 15 15 0 0 0 Total Housing Applications Submitted: Number of Proposed Units in All Applications Received: Total Housing Units Approved: Total Housing Units Disapproved: Total Units Housing Applications Summary Use of SB 35 Streamlining Provisions - Applications Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of SB 35 Streamlining Applications Above Moderate Indicated as Infill Not Indicated as Infill Building Permits Issued by Affordability Summary Income Level (Jan. 1 - Dec. 31) 10/15/2021 - 10/15/2029 Number of SB 35 Streamlining Applications Approved Very Low Low Moderate 85 Income Rental Ownership Total Very Low 00 0 Low 00 0 Moderate 00 0 Above Moderate 00 0 Total 0 0 0 Streamlining Provisions Used - Permitted Units # of Projects Units SB 9 (2021) - Duplex in SF Zone 00 SB 9 (2021) - Residential Lot Split 00 AB 2011 (2022)00 SB 6 (2022)00 SB 35 (2017)00 Ministerial and Discretionary Applications # of Applications Units Ministerial 00 Discretionary 55 Density Bonus Applications and Units Permitted Number of Applications Submitted Requesting a Density Bonus 0 Number of Units in Applications Submitted Requesting a Density Bonus 0 Number of Projects Permitted with a Density Bonus 3 Number of Units in Projects Permitted with a Density Bonus 352 Housing Element Programs Implemented and Sites Rezoned Count 17 0 Programs Implemented Sites Rezoned to Accommodate the RHNA Units Constructed - SB 35 Streamlining Permits 86 Jurisdiction Huntington Beach ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2023 (Jan. 1 - Dec. 31)Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029 Date Application Submitted Total Approved Units by Project Total Disapproved Units by Project Streamlining 234 678 9 Prior APN+Current APN Street Address Project Name+Local Jurisdiction Tracking ID Unit Category (SFA,SFD,2 to 4,5+,ADU,MH) Tenure R=Renter O=Owner Date Application Submitted+ (see instructions) Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low-Income Deed Restricted Low-Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Total PROPOSED Units by Project Total APPROVED Units by project Total DISAPPROVED Units by Project Please select streamlining provision/s the application was submitted pursuant to. Did the housing development application seek incentives or concessions pursuant to Government Code section 65915? Summary Row: Start Data Entry Below 0 0 0 0 0 0 15 15 15 0 023-136-16 2114 PCH CDP 23-008 SFD O 9/13/2023 1 1 1 0 NONE No 114-494-09 9121 Christine Drive CUP 23- 002/CDP 23-003 SFD O 4/27/2023 1 1 1 0 NONE No 024-017-07 521 12th Street CUP 23-003 SFD O 5/11/2023 1 1 1 0 NONE No 023-134-12 209 19th Street CUP 23-009 SFD O 10/3/2023 1 1 1 0 NONE No 024-122-07 109 9th Street CDP 23- 002/VAR 23-001 SFD O 7/24/2023 1 1 1 0 NONE No 157-411-02 8341 Garfield Ave CUP 19- 012/TTM 18196 SFD O 11/28/2022 10 10 10 0 NONE No 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Table A Cells in grey contain auto-calculation formulas 51 Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bo Applica 10 Housing Development Applications Submitted 87 Jurisdiction Huntington Beach ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2023 (Jan. 1 - Dec. 31)Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 10/15/2021 - 10/15/2029 Table A2 Streamlining Infill Housing without Financial Assistance or Deed Restrictions Term of Affordability or Deed Restriction Notes 23 56 89 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Prior APN+Current APN Street Address Project Name +Local Jurisdiction Tracking ID Unit Category (SFA,SFD,2 to 4,5+,ADU,MH) Tenure R=RenterO=Owner Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted AboveModerate- Income EntitlementDate Approved # of Units issued Entitlements Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted AboveModerate- Income Building Permits Date Issued # of Units Issued Building Permits Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted AboveModerate- Income Certificates of Occupancy or other forms of readiness (see instructions) Date Issued # of Units issued Certificates of Occupancy or other forms of readiness How many of the units were Extremely Low Income? Please select the streamlining provision the project was APPROVED pursuant to. (may select multiple) Infill Units? Y/N+ Assistance Programs for Each Development (may select multiple - see instructions) Deed Restriction Type(may select multiple - see instructions) For units affordable without financial assistance or deed restrictions, explain how the locality determined the units were affordable(see instructions) Term of Affordability or Deed Restriction (years) (if affordable in perpetuity enter 1000)+ Number of Demolished/Destroye d Units Demolished or Destroyed Units Demolished/Destroyed Units Owner or Renter Total Density Bonus Applied to the Project (Percentage Increase in Total Allowable Units or Total Maximum Allowable Residential Gross Floor Area) Number of Other Incentives, Concessions, Waivers, or Other Modifications Given to the Project (Excluding Parking Waivers or Parking Reductions) List the incentives, concessions, waivers, and modifications (Excluding Parking Waivers or Parking Modifications) Did the project receive a reduction or waiver of parking standards? (Y/N) Notes+ Summary Row: Start Data Entry Below 0 0 0 0 0 0 0 0 0 217136 2 25399 554 0 0000 0 0 0 13 0 149-072-25 9402 Daytona Cir C2021004009 SFD O 0 1 2/2/2023 1 0NONEY 159-054-01 7691 Yukon Dr C2021007988 SFD O 0 1 4/14/2023 1 0NONEY 159-054-01 7699 Yukon Dr C2021007988 ADU R 0 1 4/14/2023 1 0NONEY Based on SCAG HCD certified ADU analysis for Orange County 159-054-01 7695 Yukon Dr C2021007988 ADU R 0 1 4/14/2023 1 0NONEY Based on SCAG HCD certified ADU analysis for Orange County178-402-18 3402 Gilbert Dr C2022001321 SFD O 0 1 6/21/2023 1 0NONEY 024-122-07 111 9th St C2022003407 SFD O 0 1 9/19/2023 1 0NONEY178-654-10 16941 Coral Cay Ln C2022003626 SFD O 0 1 10/25/2023 1 0NONEY 024-162-17 208 2nd St C2022003771 SFD O 0 1 3/1/2023 1 0NONEY024-162-04 227 1st St C2022004399 SFD O 0 1 11/17/2023 1 0NONEY 149-303-48 21172 Altair Ln C2022004639 SFD O 0 1 2/6/2023 1 0NONEY 149-303-47 21162 Altair Ln C2022004640 SFD O 0 1 2/6/2023 1 0NONEY 149-303-46 21152 Altair Ln C2022004641 SFD O 0 1 2/6/2023 1 0NONEY 149-303-45 21142 Altair Ln C2022004642 SFD O 0 1 2/6/2023 1 0NONEY 149-303-52 21141 Strathmoor Ln C2022004643 SFD O 0 1 2/6/2023 1 0NONEY 149-303-51 21151 Strathmoor Ln C2022004644 SFD O 0 1 2/6/2023 1 0NONEY 149-303-50 21161 Strathmoor Ln C2022004645 SFD O 0 1 2/6/2023 1 0NONEY 149-303-49 21171 Strathmoor Ln C2022004646 SFD O 0 1 2/6/2023 1 0NONEY149-303-11 9702 Daybreak Ln C2022007915 SFD O 0 1 2/22/2023 1 0NONEY 149-303-10 9692 Daybreak Ln C2022007916 SFD O 0 1 2/22/2023 1 0NONEY 149-303-09 9682 Daybreak Ln C2022007917 SFD O 0 1 2/22/2023 1 0NONEY 149-303-08 9672 Daybreak Ln C2022007918 SFD O 0 1 2/22/2023 1 0NONEY 149-303-07 9662 Daybreak Ln C2022007919 SFD O 0 1 2/22/2023 1 0NONEY 149-303-06 9652 Daybreak Ln C2022007920 SFD O 0 1 2/22/2023 1 0NONEY149-303-05 9642 Daybreak Ln C2022007921 SFD O 0 1 2/22/2023 1 0NONEY 157-343-27 8081 La Palma Dr C2021008349 2 to 4 R 0 2 2/8/2023 2 0NONEY 167-531-24 17941 Conch Ln C2022004443 SFA O 0 1 2 6/8/2023 3 0NONEY DB 45 5.0%3 Development Standards Modification Yes 167-531-24 17942 Olivia Ln C2022004802 SFA O 0 4 3/30/2023 4 0NONEY 167-531-24 17942 Sundial Ln C2022008831 SFA O 0 1 1 1 6/21/2023 3 0NONEY DB 45 5.0%3 Development Standards Modification Yes 159-121-26 18750 Delaware St C2022005722 5+ R 0 70 276 5/16/2023 346 0NONEY DB 55 48.0%4 Development Standards Modification No 167-531-24 17941 Sundial Ln C2022008832 SFA O 0 4 6/21/2023 4 0NONEY167-531-24 17942 Auger Ln C2022008833 SFA O 0 4 9/13/2023 4 0NONEY 167-531-24 17941 Auger Ln C2022008834 SFA O 0 4 9/13/2023 4 0NONEY167-531-24 17942 Seaglass Dr C2022008835 SFA O 0 4 9/13/2023 4 0NONEY 024-013-14 605 12th St C2022-008077 SFD O 0 1 4/7/2023 1 0NONEY024-013-14 607 12th St C2022-008080 SFD O 0 1 4/10/2023 1 0NONEY 149-303-04 9632 Daybreak Ln C2022-008503 SFD O 0 1 8/9/2023 1 0NONEY 149-303-03 9622 Daybreak Ln C2022-008504 SFD O 0 1 8/9/2023 1 0NONEY 149-303-02 9612 Daybreak Ln C2022-008505 SFD O 0 1 8/9/2023 1 0NONEY149-303-01 9602 Daybreak Ln C2022-008506 SFD O 0 1 8/9/2023 1 0NONEY 149-302-24 21121 Daylight Ln C2022-008507 SFD O 0 1 8/9/2023 1 0NONEY149-302-25 21131 Daylight Ln C2022-008508 SFD O 0 1 8/9/2023 1 0NONEY 149-302-26 21141 Daylight Ln C2022-008509 SFD O 0 1 8/9/2023 1 0NONEY149-303-12 9701 Gisler Dr C2022-008516 SFD O 0 1 3/1/2023 1 0NONEY 149-303-13 9691 Gisler Dr C2022-008517 SFD O 0 1 3/1/2023 1 0NONEY149-303-14 9681 Gisler Dr C2022-008518 SFD O 0 1 3/1/2023 1 0NONEY 149-303-15 9671 Gisler Dr C2022-008519 SFD O 0 1 3/1/2023 1 0NONEY149-303-23 9702 Gisler Dr C2022-008520 SFD O 0 1 3/1/2023 1 0NONEY 149-303-24 9692 Gisler Dr C2022-008521 SFD O 0 1 3/1/2023 1 0NONEY149-303-25 9682 Gisler Dr C2022-008522 SFD O 0 1 3/1/2023 1 0NONEY 149-303-26 9672 Gisler Dr C2022-008523 SFD O 0 1 3/2/2023 1 0NONEY149-303-16 9661 Gisler Dr C2022-008528 SFD O 0 1 6/15/2023 1 0NONEY 149-303-17 9651 Gisler Dr C2022-008529 SFD O 0 1 6/15/2023 1 0NONEY149-303-18 9641 Gisler Dr C2022-008530 SFD O 0 1 6/15/2023 1 0NONEY 149-303-19 9631 Gisler Dr C2022-008531 SFD O 0 1 8/30/2023 1 0NONEY 149-303-27 9662 Gisler Dr C2022-008532 SFD O 0 1 6/15/2023 1 0NONEY 149-303-29 9642 Gisler Dr C2022-008534 SFD O 0 1 6/15/2023 1 0NONEY 149-303-30 9632 Gisler Dr C2022-008535 SFD O 0 1 8/30/2023 1 0NONEY 149-303-20 9621 Gisler Dr C2022-008542 SFD O 0 1 8/30/2023 1 0NONEY 149-303-21 9611 Gisler Dr C2022-008543 SFD O 0 1 8/30/2023 1 0NONEY 149-303-22 9601 Gisler Dr C2022-008544 SFD O 0 1 8/30/2023 1 0NONEY 149-303-31 9622 Gisler Dr C2022-008545 SFD O 0 1 8/30/2023 1 0NONEY 149-303-32 9612 Gisler Dr C2022-008546 SFD O 0 1 8/30/2023 1 0NONEY149-303-33 9602 Gisler Dr C2022-008547 SFD O 0 1 8/30/2023 1 0NONEY 023-201-13 6842 Silver Beach Cir C2022-008888 SFD O 0 1 9/13/2023 1 0NONEY153-383-31 9541 Pollack Dr C2022-008967 SFD O 0 1 12/7/2023 1 0NONEY 024-106-10 423 9th St C2022-008991 SFD O 0 1 4/24/2023 1 0NONEY024-106-10 421 9th St C2022-008992 SFD O 0 1 4/24/2023 1 0NONEY 149-302-27 21151 Daylight Ln C2022-009050 SFD O 0 1 10/11/2023 1 0NONEY149-302-28 21161 Daylight Ln C2022-009051 SFD O 0 1 10/11/2023 1 0NONEY 149-302-29 21171 Daylight Ln C2022-009052 SFD O 0 1 10/11/2023 1 0NONEY149-302-30 21181 Daylight Ln C2022-009053 SFD O 0 1 10/11/2023 1 0NONEY 149-302-31 21191 Daylight Ln C2022-009054 SFD O 0 1 10/11/2023 1 0NONEY149-302-32 21201 Daylight Ln C2022-009055 SFD O 0 1 10/11/2023 1 0NONEY 149-302-33 21211 Daylight Ln C2022-009056 SFD O 0 1 10/11/2023 1 0NONEY149-302-34 9572 Dawning Dr C2022-009057 SFD O 0 1 10/11/2023 1 0NONEY 149-302-35 9582 Dawning Dr C2022-009058 SFD O 0 1 10/11/2023 1 0NONEY149-302-36 9592 Dawning Dr C2022-009059 SFD O 0 1 10/11/2023 1 0NONEY 149-302-37 9602 Dawning Dr C2022-009060 SFD O 0 1 10/11/2023 1 0NONEY149-303-34 9601 Dawning Dr C2022-009061 SFD O 0 1 10/11/2023 1 0NONEY 149-302-38 9612 Dawning Dr C2022-009062 SFD O 0 1 10/24/2023 1 0NONEY149-302-39 9622 Dawning Dr C2022-009063 SFD O 0 1 10/24/2023 1 0NONEY 149-302-40 9632 Dawning Dr C2022-009064 SFD O 0 1 10/24/2023 1 0NONEY149-302-41 9642 Dawning Dr C2022-009065 SFD O 0 1 10/25/2023 1 0NONEY 149-303-35 9611 Dawning Dr C2022-009066 SFD O 0 1 10/25/2023 1 0NONEY149-303-36 9621 Dawning Dr C2022-009067 SFD O 0 1 10/25/2023 1 0NONEY 149-303-37 9631 Dawning Dr C2022-009068 SFD O 0 1 10/25/2023 1 0NONEY 149-303-38 9641 Dawning Dr C2022-009069 SFD O 0 1 10/25/2023 1 0NONEY 149-302-42 9652 Dawning Dr C2022-009070 SFD O 0 1 11/9/2023 1 0NONEY149-302-43 9662 Dawning Dr C2022-009071 SFD O 0 1 11/9/2023 1 0NONEY 149-302-44 9672 Dawning Dr C2022-009072 SFD O 0 1 11/9/2023 1 0NONEY149-302-45 9682 Dawning Dr C2022-009073 SFD O 0 1 11/8/2023 1 0NONEY 149-303-39 9651 Dawning Dr C2022-009074 SFD O 0 1 11/8/2023 1 0NONEY149-303-40 9661 Dawning Dr C2022-009075 SFD O 0 1 11/8/2023 1 0NONEY 149-303-41 9671 Dawning Dr C2022-009076 SFD O 0 1 11/8/2023 1 0NONEY149-303-42 9681 Dawning Dr C2022-009077 SFD O 0 1 11/8/2023 1 0NONEY 149-302-46 9692 Dawning Dr C2022-009078 SFD O 0 1 11/22/2023 1 0NONEY149-302-47 9702 Dawning Dr C2022-009079 SFD O 0 1 11/22/2023 1 0NONEY 149-302-48 9712 Dawning Dr C2022-009080 SFD O 0 1 11/22/2023 1 0NONEY149-303-43 9691 Dawning Dr C2022-009081 SFD O 0 1 11/22/2023 1 0NONEY 149-303-44 9701 Dawning Dr C2022-009082 SFD O 0 1 11/22/2023 1 0NONEY178-421-08 3292 Easter Cir C2023-000762 SFD O 0 1 5/16/2023 1 0NONEY024-115-18 210 11th St C2023-001592 SFD O 0 1 10/4/2023 1 0NONEY023-124-30 422 20th St C2023-001602 SFD O 0 1 8/11/2023 1 0NONEY023-124-31 424 20th St C2023-001603 SFD O 0 1 8/10/2023 1 0NONEY114-492-16 9201 Christine Dr C2023-001694 SFD O 0 1 10/3/2023 1 0NONEY178-315-26 3872 Sirius Dr C2023-001716 SFD O 0 1 10/17/2023 1 0NONEY155-294-09 10142 Pua Dr C2023-002624 SFD O 0 1 11/16/2023 1 0NONEY 148-072-03 8650 Sable Dr C2022-001138 ADU R 0 1 1/25/2023 1 0 1 NONE Y Based on SCAG HCD certified ADU analysis for Orange County 110-301-11 17123 Treehaven Ln C2022-006626 ADU R 0 1 9/21/2023 1 0 1 NONE Y Based on SCAG HCD certified ADU analysis for Orange County 107-401-06 16525 Waite Ln C2022-007955 ADU R 0 1 6/8/2023 1 0NONEY Based on SCAG HCD certified ADUanalysis for Orange County 151-104-07 8320 Snowbird Dr C2022-008820 ADU R 0 1 11/30/2023 1 0NONEY Based on SCAG HCD certified ADU analysis for Orange County 157-381-07 8316 Talbert Ave C2022-008983 ADU R 0 1 6/19/2023 1 0 0 NONE Y Based on SCAG HCD certified ADU analysis for Orange County 145-096-01 6005 Royalist Dr C2023-000432 ADU R 0 1 5/15/2023 1 0 1 NONE Y Based on SCAG HCD certified ADU analysis for Orange County 107-601-38 8135 Terry Dr C2023-002044 ADU R 0 1 9/12/2023 1 0 0 NONE Y Based on SCAG HCD certified ADU analysis for Orange County 167-321-13 17100 A Ln C2023-003143 ADU R 0 1 4/27/2023 1 0 1 NONE Y Based on SCAG HCD certified ADU analysis for Orange County 107-395-01 8236 Brush Dr C2023-004305 ADU R 0 1 11/16/2023 1 0NONEY Based on SCAG HCD certified ADU analysis for Orange County 142-281-02 16355 Rhone Ln C2023-006294 ADU R 0 1 11/20/2023 1 0NONEY Based on SCAG HCD certified ADU analysis for Orange County 107-611-05 8275 Bryant Dr C2022-001105 ADU R 0 1 2/13/2023 1 0NONEY Based on SCAG HCD certified ADU analysis for Orange County 146-171-26 6401 Warner Ave #B20 C2022-004960 ADU R 0 1 5/3/2023 1 0 1 NONE Y Based on SCAG HCD certified ADU analysis for Orange County 145-242-01 15126 Hanover Ln C2022-007273 ADU R 0 1 1/10/2023 1 0 1 NONE Y Based on SCAG HCD certified ADU analysis for Orange County 025-054-26 909 Huntington St, #201 C2022-007321 ADU R 0 1 10/10/2023 1 0 0 NONE Y Based on SCAG HCD certified ADU analysis for Orange County 142-262-20 7726 Whitney Dr C2022-007606 ADU R 0 1 5/9/2023 1 0 0 NONE Y Based on SCAG HCD certified ADU analysis for Orange County 024-187-12 511 Alabama St, #101 C2022-007715 ADU R 0 1 9/21/2023 1 0NONEY Based on SCAG HCD certified ADU analysis for Orange County 145-291-36 6032 Welde Cir C2022-007895 ADU R 0 1 1/20/2023 1 0 0 NONE Y Based on SCAG HCD certified ADU analysis for Orange County 155-281-08 19095 Kipahulu Ln C2022-008100 ADU R 0 1 11/14/2023 1 0NONEY Based on SCAG HCD certified ADU analysis for Orange County 146-351-11 5502 Fernhill Cir, #C C2022-008552 ADU R 0 1 5/16/2023 1 0 1 NONE Y Based on SCAG HCD certified ADU analysis for Orange County 146-294-05 6806 Sylvia Dr C2022-009137 ADU R 0 1 8/2/2023 1 0 1 NONE Y Based on SCAG HCD certified ADU analysis for Orange County 178-062-46 4052 Humboldt Dr C2023-000410 ADU R 0 1 6/23/2023 1 0 0 NONE Y Based on SCAG HCD certified ADU analysis for Orange County 024-033-15 217 12th St, #D C2023-000715 ADU R 0 1 4/11/2023 1 0NONEY Based on SCAG HCD certified ADU analysis for Orange County 023-158-14 316 16th St, #13 C2023-001206 ADU R 0 1 12/12/2023 1 0 0 NONE Y Based on SCAG HCD certified ADU analysis for Orange County 023-232-09 6686 Morning Tide Dr C2023-002012 ADU R 0 1 7/6/2023 1 0 1 NONE Y Based on SCAG HCD certified ADU analysis for Orange County 145-063-11 15765 Swan Ln C2023-002715 ADU R 0 1 12/8/2023 1 0 0 NONE Y Based on SCAG HCD certified ADU analysis for Orange County 023-601-08 6605 Silent Harbor Dr C2023-002910 ADU R 0 1 11/28/2023 1 0 1 NONE Y Based on SCAG HCD certified ADU analysis for Orange County 145-042-12 15636 Pelican Ln C2023-003151 ADU R 0 1 7/27/2023 1 0 1 NONE Y Based on SCAG HCD certified ADU analysis for Orange County 151-361-02 8216 Kingfisher Dr C2023-004794 ADU R 0 1 8/28/2023 1 0 1 NONE Y Based on SCAG HCD certified ADU analysis for Orange County 025-168-14 919 England St C2023-005015 ADU R 0 1 10/24/2023 1 0 0 NONE Y Based on SCAG HCD certified ADU analysis for Orange County 157-342-07 8141 Forelle Dr, #5 C2023-005720 ADU R 0 1 10/18/2023 1 0 0 NONE Y Based on SCAG HCD certified ADU analysis for Orange County 157-342-08 8151 Forelle Dr, #5 C2023-005721 ADU R 0 1 10/27/2023 1 0 0 NONE Y Based on SCAG HCD certified ADU analysis for Orange County 146-171-26 6401 Warner Ave, #B21 C2022-004703 ADU R 0 1 8/28/2023 1 0 1 NONE Y Based on SCAG HCD certified ADU analysis for Orange County 165-311-44 7846 Speer Dr C2021-007047 ADU R 0 1 9/11/2023 1 0NONEY Based on SCAG HCD certified ADU analysis for Orange County 153-394-14 19476 Salmon Ln C2022-001454 ADU R 0 1 3/16/2023 1 0NONEY Based on SCAG HCD certified ADU analysis for Orange County 159-043-08 18345 Pammy Ln C2022-002109 ADU R 0 1 2/7/2023 1 0NONEY Based on SCAG HCD certified ADU analysis for Orange County 153-393-13 19455 Weakfish Ln C2022-004129 ADU R 0 1 4/5/2023 1 0NONEY Based on SCAG HCD certified ADU analysis for Orange County 153-394-07 19386 Salmon Ln C2022-005428 ADU R 0 1 11/30/2023 1 0NONEY Based on SCAG HCD certified ADU analysis for Orange County 195-195-02 5616 Nevada Dr C2022-005696 ADU R 0 1 5/24/2023 1 0NONEY Based on SCAG HCD certified ADU analysis for Orange County 153-332-08 19351 Jerrilyn Ln C2022-006300 ADU R 0 1 10/3/2023 1 0NONEY Based on SCAG HCD certified ADU analysis for Orange County 023-062-07 1819 Park St C2022-006609 ADU R 0 1 1/19/2023 1 0NONEY Based on SCAG HCD certified ADU analysis for Orange County 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certified ADU analysis for Orange County 146-382-03 6565 Edgemont Dr C2023-006109 ADU R 0 1 11/6/2023 1 0NONEY Based on SCAG HCD certified ADU analysis for Orange County 195-051-18 14855 Northridge Ln C2023-006871 ADU R 0 1 11/21/2023 1 0NONEY Based on SCAG HCD certified ADU analysis for Orange County 178-284-19 17005 Malta Cir C2022-008953 ADU R 0 1 5/18/2023 1 0NONEY Based on SCAG HCD certified ADU analysis for Orange County000NONEY 0 0 0NONEY000000000000000000000000 Note: "+" indicates an optional field Housing with Financial Assistance and/or Deed Restrictions Demolished/Destroyed UnitsProject Identifier Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Density Bonus 1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10 ---l 88 Jurisdiction Huntington Beach ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2023 (Jan. 1 - Dec. 31)Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 10/15/2021 - 10/15/2029 Note: "+" indicates an optional field 0 0 0000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 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0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 90 Jurisdiction Huntington Beach ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2023 (Jan. 1 - Dec. 31)Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 10/15/2021 - 10/15/2029 Note: "+" indicates an optional field 0 0 0000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 91 Jurisdiction Huntington Beach ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2023 (Jan. 1 - Dec. 31)Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029 1 Projection Period 34 RHNA Allocation by Income Level Projection Period - 06/30/2021- 10/14/2021 2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date (all years) Total Remaining RHNA by Income Level Deed Restricted - - 104 - - - - - - - Non-Deed Restricted 9 - 23 21 - - - - - - Deed Restricted - - - 71 - - - - - - Non-Deed Restricted 9 11 39 36 - - - - - - Deed Restricted - - 2 97 - - - - - - Non-Deed Restricted 4 1 30 25 - - - - - - Above Moderate 5,215 11 6 85 399 - - - - - - 501 4,714 13,368 33 18 283 649 - - - - - - 983 12,385 5 67 Extremely low-Income Need 2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date Total Units Remaining 1,831 - 110 13 - - - - - - 123 1,708 2,018 Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column. Total RHNA Total Units Income Level Very Low Low Extremely Low-Income Units* Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income houisng need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten. Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1). Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at apr@hcd.ca.gov. 2,149 157 This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs. 159 Moderate 3,661 2,184 2,308 Please contact HCD if your data is different than the material supplied here 166 2 Table B Regional Housing Needs Allocation Progress Permitted Units Issued by Affordability 3,504 I I I I I I I I I I I I I I I I 92 Jurisdiction Huntington Beach ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2023 (Jan. 1 - Dec. 31)Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029 Date of Rezone Rezone Type 2 4567 9 10 11 APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Date of Rezone Very Low- Income Low-Income Moderate-Income Above Moderate- Income Rezone Type Parcel Size (Acres) General Plan Designation Zoning Minimum Density Allowed Maximum Density Allowed Realistic Capacity Vacant/Nonvacant Description of Existing Uses Note: "+" indicates an optional field Cells in grey contain auto-calculation formulas Summary Row: Start Data Entry Below 83 Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C I I • 93 Jurisdiction Huntington Beach Reporting Year 2023 (Jan. 1 - Dec. 31) 123 4 Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Rehab Loan Program Assist 20 lower income households annually, or 160 over planning period 2013-2021 Between FY 2015-16 and 2021-22, the City has assisted 72 lower income households through the housing rehab loan and owner-occupied SF, Condo, and Mobile Home Grant Program. In FY 22-23, the City assisted 10 lower income households in these programs. MFR Acquisition/Rehab through Non-Profit Developers Acquire, rehabilitate, and establish affordability covenants on 20 to 40 rental units 2013-2021 The City has assisted in the acquisition/rehab and establishment of affordability covenants of 13 units within two projects. Neighborhood Preservation Conduct improvement activities in CDBG target areas. Conduct public forums for residents to discuss specific neighborhood issues and provide information on resources including rehabilitation assistance Conduct neighborhood forums on a monthly basis. Analyze CE complaint data on a monthly basis The City has maintained two full time code enforcement officers in the CDBG target areas throughout the planning period. During the 2023 calendar year, 3,383 inspections were conducted for 1,037 complaints received. The City supports the establishment of residential community groups within these neighborhood areas, such as the Oak View Task Force, and facilitates resident forums to discuss specific neighborhood issues and provide information on various resources for rehabilitation assistance. Code Enforcement also endeavors to expand its Neighborhood Preservation activities within CDBG areas. Code Enforcement Officers attend a monthly neighborhood cleanup event in the Oak View community to provide information and establish connections with community members. Code Enforcement Officers also attend regular Oak View Community Meetings and Oak View Community Cleanup Events to take resident feedback and provide updates on neighborhood improvements and issues in the area. ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. Table D Program Implementation Status pursuant to GC Section 65583 94 Preservation of Assisted Housing Continue to monitor Section 8 contract renewals in Huntington Villa Yorba and Huntington Gardens. As necessary, explore outside funding and preservation options; offer preservation incentives to owners; provide technical assistance and education to affected tenants. Contact property owners at least six months prior to Section 8 contract renewals In December 2013, the Huntington Beach City Council conducted a public hearing under the Tax and Equity Fiscal Responsibility Act (TEFRA) in support of a tax exempt bond issuance by the California Statewide Communities Development Authority (CSCDA) for the acquisition of Huntington Villa Yorba by Preservation Partners Management Group. A second TEFRA hearing was held by the City in August 2015 to approve the issuance of $13 million in bonds to allow the new property owner to refinance the property at a lower interest rate and maintain its affordability. Preservation Partners has agreed to the preservation of all 192 units - 10% at 50% area median income (AMI), and 90% at 60% AMI. Rental Assistance - Section 8 Continue current levels of Section 8; coordinate with OCHA; encourage landlords to register units 2013-2021 In 2023, a total of 651 Huntington Beach households received tenant-based Housing Choice Vouchers administired through OCHA: 80 of these were for Veterans Affairs Supportive Housing Vouchers, 23 were Family Unification Vouchers, 137 were for the disabled, 355 were for seniors, and 56 were for formerly homeless households. Based on HUD regulations, 75 percent of households admitted to the program must have incomes less than 30 percent of the area median, making Section 8 a key way in which the City addresses the needs of extremely low income households. Rental Assistance - TBRA Initiate local TBRA program, with goal to assist 168 households, with preference given to veterans, seniors, and victims of domestic violence. Initiate local TBRA program in FY 2015-16 Since the inception of the TBRA program, the City has partnered with three TBRA contractors including Interval House, Mercy House and Families Forward. The program will continue to target homeless, persons at risk of homelessness, veterans, seniors, and victims of domestic violence in Huntington Beach. The program assisted 336 households between FY 15/16 and FY 21/22. In FY 22/23, the program assisted 56 households. In November 2022, the City Council approved to expand the TBRA Program to include seniors earning below 50% of area median income that own a mobile home to pay for a portion of their space rent. The mobile home TBRA program was implemented in April 2023 and has provided space rent assistance to 23 senior households in FY 22-23, and a total of 52 senior households in 2023 (29 households in FY 23-24). In FY 22/23, the TBRA program assisted 56 households, including the aforementioned 23 mobile home senior households). Mobile Home Park Preservation Implement MHP Conversion Ordinance. Utilize Advisory Board to assist in resolving issues. Provide tenants info on MPROP funding. Assist tenants with subdivision map waiver process 2013-2021 The Mobile Home Advisory Board continued to meet quarterly and is made up of MHP owners, residents and at-large citizens. In 2014, the City adopted a Senior Residential Mobile Home Park Overlay and designated 8 mobile home parks in the City with the objective to retain existing affordable housing options for seniors. 95 Residential and Mixed Use Inventory Maintain current inventory of vacant and underutilized development sites, and provide to developers along with information on incentives. Monitor sites to ensure an adequate inventory is maintained to accommodate the RHNA, including rezoning as necessary. 2013-2021; Review sites annually throughout the planning period In 2020, the City adopted an amendment to the Housing Element, which included a review of the residential sites inventory. Sites were updated as necessary. The Housing Element including the sites inventory continues to be made available on the City's website and at the zoning counter. The City also tracks vacant sites citywide through GIS. The vacant sites inventory is updated periodically. Adequate Sites Program 1) Draft zoning text amendment to define Affordable Housing Overlay in BECSP; 2) Conduct public hearings on BECSP Amendment 3) Commence comprehensive review and revision of the BECSP. Amend BECSP concurrently with the Housing Element Amendment by March 2020 In Feb. 2020, the City adopted an amendment to the BECSP to implement this program. Development Fee Assistance Continue to offer fee reductions to incentivize affordable housing. Specify the waiver of 100% of application processing fees in the Code for projects with 10% ELI units. 2013-2021. Modify the Code in 2020 for ELI units The City's inclusionary ordinance has provisions that allow for projects that exceed inclusionary requirements on-site to be eligible for reduced City fees. In 2013, the City provided over one million dollars in Development Impact Fee exemptions for a 78- unit affordable rental project (8 ELI, 32 VL, 37 Low). Residential Processing Procedures Provide non-discretionary development review for sites in the Affordable Housing Overlay within the Beach and Edinger Corridors Specific Plan. Adopt streamlined review procedures for multi- family development on a Citywide basis Initiate study of streamlined procedures in 2015 and adopt by 2021 The City adopted an Affordable Housing Overlay in the BECSP which provides for non- discretionary project approval for residential projects with a minimum of 20% lower income units on-site. In 2018, the City commenced a multi-phased comprehensive zoning code update. The City has completed two phases to date and will evaluate streamlined review procedures for multi-family development for inclusion in future phases. 96 Zoning for Transitional and Supportive Housing Provide for transitional and supportive housing within the CV zone. Prepare a Policy Memo to clarify such uses are to be accommodated within zone districts similar to other residential uses within the Beach and Edinger Corridors, Downtown and Bella Terra specific plans Prepare Policy Memo in 2014 and modify the Code by 2020. Incorporate language into specific plans in conjunction with future plan amendments Residential is not a permitted use within the CV General Plan land use designation. As such, the code has not been amended. While the City has not amended the specific plans to expressly add supportive and transitional housing uses, the City treats these uses as residential uses for zoning purposes and would permit them in the same way residential uses are permitted. As an example, the City funded and acquired a property in the BECSP to be developed with affordable housing with supportive services. The property is currently utilized as a Navigation Center. The City is in the preliminary stages of planning for permanent affordable housing and supportive services on the site. An RFQ was issued in March 2022 and an exclusive negotiating agreement with Jamboree Housing was approved by the City Council on June 7, 2022. In July 2023, the City Council updated the development concept to reflect a Pathways Project that would consist of a multiuse facility containing permanent supportive housing and a navigation center. Jamboree Housing is actively exploring funding sources and financing options. It is anticipated that a combination of funding sources will be required to complete the project. Fair Housing Contract with Fair Housing provider; invite to speak at public events; assist in distributing brochures in community locations. Provide walk-in fair housing counseling at City Hall on a monthly basis. At least annually, invite fair housing contractor to City events and distribute brochures in community locations. Offer monthly walk- in clinic. The Fair Housing Foundation (FHF) assisted approximately 405 unduplicated Huntington Beach residents in 2023 with issues regarding tenant/landlord matters, and handles over a dozen fair housing cases each year on behalf of residents. In addition to the availability of counselors by toll-free telephone number and walk-in assistance at one of their two offices Monday-Friday, FHF also provides on-site walk-in counseling at Huntington Beach City Hall one time per month. FHF also regularly schedules certification and training programs locally for apartment owners and managers. Housing Opportunities for Persons Living with Developmental Disabilities Work with OCRC to publicize information on resources. Pursue State and Federal funding; meet with current affordable housing providers regarding options to serve disabled population in existing housing; contact supportive housing providers re:expanding the supply of housing for the developmentally disabled Pursue funds for supportive housing and services at least twice during planning period. Continue to meet with current housing providers and contact supportive housing providers as part of Huntington Beach Homeless Collaborative monthly meetings The City regularly meets with a variety of housing providers and supports various programs that address shelter and transitional housing needs of homeless individuals and families. The City has not obtained funding specific to this program, but will continue to monitor funding opportunities and pursue funding if feasible/available. 97 Homeless Assistance Continue participation in Regional Committee for the Continuum of Care. Annually allocate funds to agencies serving the homeless and at-risk population.Maintain a City Homeless Coordinator to serve as the City's point person on homelessness Attend periodic meetings of County Regional Committee. Annually allocate CDBG funds. The City’s strategy is to continue to support a continuum of programs, including homeless support services, emergency shelter, transitional housing, permanent affordable housing, and homeless prevention services. Specific City support into the County’s annual COC funding application to HUD includes: 1) data compilation on homeless services and facilities; 2) providing official letters of support for the funding application; and 3) participation in meetings of the Orange County Cities Advisory Committee, responsible for the regional COC Homeless Strategy, and meetings of the COC Board as necessary. The City has established a continuum of services and housing options that people experiencing homelessness can move through in order to achieve stability. First, the Police Department’s Homeless Task Force supplemented by BeWell OC – Huntington Beach case managers conduct street outreach to people experiencing homelessness. These teams assess each potential client and may refer people to the City’s Navigation Center for shelter and supportive services. Clients that are ready to exit the Navigation Center may be eligible for residence in a permanent supportive housing unit. The City's outreach efforts have grown to include a Homeless Task Force (consisting of up to 4 Case Managers and 4 Homeless Liaison Officers) and construction of the 174 bed Navigation Center that provides shelter for eligible people experiencing homelessness with ties to Huntington Beach. The City has also established a Homeless Services Manager to continue its System of Care development in addressing the needs of the homeless population. This multi-pronged approach includes weekly outreach to engage homeless individuals and determine their needs, reuniting individuals with family members, and working within the County's Coordinated Entry System to match people with housing opportunities, assisting in eviction prevention. Project Self Sufficiency Assist 90 households annually 2013-2021 Effective March 1, 2018, the Project Self Sufficiency program began operating independently as a nonprofit program, separate from the City of Huntington Beach. Although the City still provides some funding to the program, it now assist families in communities throughout the County including Huntington Beach. 98 Green Building and Sustainability Provide education/outreach to residents and development community on new Green Building Program. Implement comprehensive “HB Goes Green Program” to promote sustainable energy and water conservation, recycling, open space and transportation practices 2013-2021 Many green/sustainable programs have been implemented and marketed to the public citywide including: a Sustainable Business Certification Program, Recycling Market Development Zone, streamlined permitting for EV chargers, and expedited solar plan review. The City also provides information on programs and incentives of other agencies and companies on its website. In addition, in 2017, the City adopted a qualified Greenhouse Gas Reduction Program that would allow for streamlined CEQA review for development projects. 99 100 General Comments I 101 Jurisdiction Huntington Beach ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2023 (Jan. 1 - Dec. 31)Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029 Description of Commercial Development Bonus Commercial Development Bonus Date Approved 34 APN Street Address Project Name+Local Jurisdiction Tracking ID+ Very Low Income Low Income Moderate Income Above Moderate Income Description of Commercial Development Bonus Commercial Development Bonus Date Approved Summary Row: Start Data Entry Below Units Constructed as Part of Agreement Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E Note: "+" indicates an optional field Project Identifier 1 2 Cells in grey contain auto-calculation formulas (CCR Title 25 §6202) Annual Progress Report January 2020 I 102 Jurisdiction Huntington Beach ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2023 (Jan. 1 - Dec. 31)Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 10/15/2021 - 10/15/2029 The description should adequately document how each unit complies with subsection (c) of Government Code Section 65583.1+. For detailed reporting requirements, see the chcklist here: Extremely Low- Income+Very Low-Income+Low-Income+TOTAL UNITS+ Extremely Low- Income+ Very Low- Income+Low-Income+TOTAL UNITS+ https://www.hcd.ca.gov/community‐ development/docs/adequate‐sites‐checklist.pdf Rehabilitation Activity Preservation of Units At-Risk Acquisition of Units Mobilehome Park Preservation Total Units by Income Table F Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F. Activity Type Units that Do Not Count Towards RHNA+ Listed for Informational Purposes Only Units that Count Towards RHNA + Note - Because the statutory requirements severely limit what can be counted, please contact HCD at apr@hcd.ca.gov and we will unlock the form which enable you to populate these fields. Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2020103 Jurisdiction Huntington Beach ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2023 (Jan. 1 - Dec. 31)Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 10/15/2021 - 10/15/2029 Notes 23 6 Prior APN+Current APN Street Address Project Name+ Local Jurisdiction Tracking ID Unit Category (2 to 4,5+) Tenure R=Renter Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Total Moderate Income Units Converted from Above Moderate Date Converted Notes Summary Row: Start Data Entry Below 0 0 35 0 60 0 0 95 157‐471‐33 18504 Beach Boulevard Middle Income Housing None 5+R 35 18 53 12/31/2023 142‐181‐05 16761 Viewpoint Lane Middle Income Housing None 5+R 0 42 42 12/31/2023 Table F2 Above Moderate Income Units Converted to Moderate Income Pursuant to Government Code section 65400.2 For up to 25 percent of a jurisdiction’s moderate-income regional housing need allocation, the planning agency may include the number of units in an existing multifamily building that were converted to deed-restricted rental housing for moderate-income households by the imposition of affordability covenants and restrictions for the unit. Before adding information to this table, please ensure housing developments meet the requirements described in Government Code 65400.2(b). 5 Project Identifier Unit Types 1 4 Affordability by Household Incomes After Conversion Units credited toward Moderate Income RHNA --I • 104 Jurisdiction Huntington Beach Reporting Period 2023 (Jan. 1 - Dec. 31) Planning Period 6th Cycle 10/15/2021 - 10/15/2029 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation 23 4 APN Street Address Project Name+Local Jurisdiction Tracking ID+ Realistic Capacity Identified in the Housing Element Entity to whom the site transferred Intended Use for Site 1 Summary Row: Start Data Entry Below Note: "+" indicates an optional field Cells in grey contain auto-calculation formulas Table G Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year. I 105 Jurisdiction Huntington Beach Note: "+" indicates an optional field Reporting Period 2023 (Jan. 1 - Dec. 31) Cells in grey contain auto-calculation formulas Designation Size Notes 1234567 APN Street Address/Intersection Existing Use Number of Units Surplus Designation Parcel Size (in acres)Notes NOTE: This table must contain an invenory of ALL surplus/excess lands the reporting jurisdiction owns Summary Row: Start Data Entry Below Parcel Identifier ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation Table H Locally Owned Surplus Sites For Orange County jurisdictions, please format the APN's as follows:999-999-99 106 107 108 109 110 Jurisdiction Huntington Beach ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2023 (Jan. 1 - Dec. 31)Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029 Project Type Date Units (Beds/Student Capacity) Granted Density Bonus Notes 23 5 6 APN Street Address Project Name+Local Jurisdiction Tracking ID+ Unit Category (SH - Student Housing)Date Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Total Additional Beds Created Due to Density Bonus Notes Summary Row: Start Data Entry Below Note: "+" indicates an optional field Cells in grey contain auto-calculation formulas Table J Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915 Project Identifier Units (Beds/Student Capacity) Approved 1 4 NOTE: STUDENT HOUSING WITH DENSITY BONUS ONLY. This table only needs to be completed if there were student housing projects WITH a density bonus approved pursuant to Government Code65915(b)(1)(F) Annual Progress Report January 2020111 Jurisdiction Huntington Beach ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2023 (Jan. 1 - Dec. 31) Planning Period 6th Cycle 10/15/2021 - 10/15/2029 NoDoes the Jurisdiction have a local tenant preference policy? If the jurisdiction has a local tenant preference policy, provide a link to the jurisdiction's webpage on their internet website containing authorizing local ordinance and supporting materials. Notes Table K Tenent Preference Policy Local governments are required to inform HCD about any local tenant preference ordinance the local government maintains when the jurisdiction submits their annual progress report on housing approvals and production, per Government Code 7061 (SB 649, 2022, Cortese). Effective January 1, 2023, local governments adopting a tenant preference are required to create a webpage on their internet website containing authorizing local ordinance and supporting materials, no more than 90 days after the ordinance becomes operational. 112 Jurisdiction Huntington Beach Reporting Year 2023 (Jan. 1 - Dec. 31) Total Award Amount Total award amount is auto‐populated based on amounts entered in rows 15‐26. Task $ Amount Awarded $ Cumulative Reimbursement Requested Other Funding Notes 6th Cycle Housing Element Update $500,000.00 $357,315.28 None Represents all requests for reimbursement sumbitted to HCD in 2023. Work on the project occurred in 2023 and earlier years. Work related to LEAP grant funding concluded in 2023. Summary of entitlements, building permits, and certificates of occupancy (auto‐populated from Table A2) Current Year Deed Restricted 0 Non-Deed Restricted 0 Deed Restricted 0 Non-Deed Restricted 0 Deed Restricted 0 Non-Deed Restricted 0 0 0 Current Year Deed Restricted 0 Non-Deed Restricted 21 Deed Restricted 71 Non-Deed Restricted 36 Deed Restricted 2 Non-Deed Restricted 25 399 554 Current Year Deed Restricted 0 Non-Deed Restricted 0 Moderate Above Moderate Total Units Completed Entitlement Issued by Affordability Summary Income Level Very Low Low Moderate Above Moderate Total Units Building Permits Issued by Affordability Summary Income Level Very Low Low Certificate of Occupancy Issued by Affordability Summary Income Level Very Low ANNUAL ELEMENT PROGRESS REPORT Local Early Action Planning (LEAP) Reporting (CCR Title 25 §6202) Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable. 500,000.00$ Task Status Completed I I 113 Deed Restricted 0 Non-Deed Restricted 0 Deed Restricted 0 Non-Deed Restricted 0 0 0Total Units Low Moderate Above Moderate 114 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-076 MEETING DATE:2/20/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Jennifer Villasenor, Director of Community Development PREPARED BY:Hayden Beckman, Senior Planner Subject: Approve Final Tract Map No. 19118, accept bonds and authorize execution of a Subdivision Agreement for the Holly Triangle Townhomes subdivision by Bonanni Development Company IV, LLC at 19070 Holly Lane Statement of Issue: Presented for your consideration is Final Tract Map No. 19118 for the Holly Triangle Townhomes subdivision by Bonanni Development Company IV, LLC, at 19070 Holly Lane (east side of Holly Lane, south of Garfield Avenue). This map consolidates 12 lots into a 1.80 acre net lot condominium for the construction of 35 townhomes. Financial Impact: No fiscal impact Recommended Action: A) Approve Final Tract Map No. 19118 and accept the offer of easements pursuant to findings and requirements (Attachment No.1); and, B) Approve and authorize the Mayor and City Clerk to execute the Subdivision Agreement by and between the City of Huntington Beach and Bonanni Development Company IV, LLC (Attachment No. 6); and, C) Accept Faithful Performance Bond No. 4470394, Labor and Material Bond No. 4470394, and Monument Bond No. 4470395 as sureties (Attachment No. 7) for the installation of the subdivision’s required public improvements and survey monumentation; and, D) Instruct the City Clerk to file the respective bonds with the City Treasurer and notify the Surety, SureTec Insurance Company, of this action. Analysis: City of Huntington Beach Printed on 2/14/2024Page 1 of 3 powered by Legistar™115 File #:24-076 MEETING DATE:2/20/2024 A. PROJECT PROPOSAL Applicant/ Property Owner: Chris Segesman, Bonnani Development, 5500 Bolsa Avenue, Suite 120, Huntington Beach CA 92649 Surveyor: Jeffrey A. Walden, Walden & Associates, 2252 White Road, Suite B, Irvine CA 92614 Surety: SureTec Insurance Company Location: 19070 Holly Lane, 92648 (east side of Holly Lane, south of Garfield Avenue) General Plan: RM-sp (Residential Medium Density - Specific Plan Overlay) Zoning: SP9 (Holly Seacliff Specific Plan - Residential Medium Density) No. of Acres: 1.80 net No. of Numbered Lots: 1 No. of Lettered Lots: 0 No. of Units: 35 B. BACKGROUND On May 24, 2022, the Planning Commission approved Tentative Tract Map (TTM) No. 19118 to consolidate 12 lots into a one-lot condominium for the development of 35 townhomes. A motion was made by Scandura, seconded by Adam, to approve TTM No. 19118 with findings and conditions carried by the following vote: AYES: Adam, Rodriguez, Acosta-Galvan, Perkins, Mandic, Scandura, Ray NOES: None ABSTAIN: None ABSENT: None C. RECOMMENDATION The final map has been examined and certified by the City Engineer as being in substantial compliance with the conditions of approval of the tentative map, as approved by the Planning Commission. The conditions require certain easements to benefit the City for various purposes such as public utilities, police/fire access, and water quality facilities inspection. Also presented for City Council approval and execution are the required Subdivision Agreement City of Huntington Beach Printed on 2/14/2024Page 2 of 3 powered by Legistar™116 File #:24-076 MEETING DATE:2/20/2024 (between the City and Bonnani Development Company IV, LLC) and bonds pursuant to the Zoning and Subdivision Ordinance and Subdivision Map Act in order for the map to record prior to the required public improvements being completed. Environmental Status: This action to accept Final Tract Map No. 19118, the Subdivision Agreement, and bonds is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15268(b). Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Findings and Requirements for Acceptance of the Final Map 2. Vicinity Map 3. Final Tract Map. No. 19118 4. Planning Commission Notice of Action for Tentative Tract Map No. 19118 5. Tentative Tract Map No. 19118 6. Subdivision Agreement 7. Bonds (Faithful Performance, Labor and Material, Monument) City of Huntington Beach Printed on 2/14/2024Page 3 of 3 powered by Legistar™117 ATTACHMENT NO. 1 FINDINGS AND REQUIREMENTS FOR ACCEPTANCE OF FINAL MAP Findings for Acceptance of Final Map: 1. Final Tract Map No. 19118 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Zoning and Subdivision Ordinance, and Tentative Tract Map No. 19118 conditions of approval, as approved by the Planning Commission. Requirements: 1. Accept the easement dedications for public utilities, police/fire activities, and water quality facilities inspection. 2. The City Clerk shall affix her signature to the map and release it for recordation by the County of Orange. 118 VICINITY MAP TENTATIVE TRACT MAP NO. 19118 Garfield Avenue Project Site Ho l l y La n e I ii i ; I I ~ a . ·, = ! ~ ~ I INDWI.UOL1S I : ATLANTA. IIAMILTON : IWOONC I I • 119 SHEET 1 OF 4 NUMBER OF LOTS: 1 TRACT NO. 19118 ACCEPTED AND FILED AT THE REQUEST OF FIRST AMERICAN TITLE COMPANY ACREAGE: 2.105 ACRES GROSS 1.800 ACRES NET DATE OF SURVEY: JUNE 2020 ALL OF TENTATIVE TRACT NO. 19118 IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE STATE OF CALIFORNIA DATE TIME BEING A SUBDIVISION OF LOTS 1 THROUGH 6 INCLUSIVE, LOTS 8 THROUGH 11 INCLUSIVE, LOT 33, AND A PORTION OF LOT 7, IN BLOCK "A' OF THE GARFIELD STREET ADDITION TO HUNTINGTON BEACH FEE $ INSTRUMENT NO. ------ AS SHOWN ON THE MAP FILED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, RECORDS OF THE COUNTY RECORDER OF SAID COUNTY. BOOK PAGE FOR CONDOMINIUM PURPOSES HUGH NGUYEN COUNTY CLERK-RECORDER WALDEN & ASSOCIATES JEFFREY A. WALDEN, P.L.S. 7914 JUNE 2020 BY DEPUTY OWNERSHIP CERTIFICATE WE, THE UNDERSIGNED, BEING ALL PARTIES HAVING ANY RECORD TITLE INTEREST IN THE LAND COVERED BY THIS MAP, DO HEREBY CONSENT TO THE PREPARATION AND RECORDATION OF SAID MAP, AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE. WE HEREBY DEDICATE AN EASEMENT TO THE PUBLIC FOR STREET AND PUBLIC UTILITY PURPOSES AS SHOWN HEREON OVER: GARFIELD AVENUE (GARFIELD STREET), HOLLY LANE (HOLLY AVENUE, HOLLY STREET), AND MAIN STREET (TWENTY-THIRD STREET). WE ALSO HEREBY DEDICATE TO THE CITY OF HUNTINGTON BEACH: 1. AN EASEMENT OVER LOT 1 WITHIN SAID TRACT FOR POLICE AND FIRE DEPARTMENT ACCESS PURPOSES AS SHOWN ON SAID TRACT. 2. AN EASEMENT FOR ACCESS TO AND INSPECTION OF WATER QUALITY TREATMENT FACILITY AS SHOWN ON SAID TRACT. WE ALSO HEREBY RELEASE AND RELINQUISH TO THE CITY OF HUNTINGTON BEACH: ALL VEHICULAR ACCESS RIGHTS TO GARFIELD AVENUE (GARFIELD STREET), HOLLY LANE (HOLLY AVENUE, HOLLY STREET), AND MAIN STREET (TWENTY-THIRD STREET), EXCEPT AT ACCESS LOCATIONS APPROVED BY THE PLANNING COMMISSION. OWNERS: BONANNI DEVELOPMENT COMPANY IV LLC, A CALIFORNIA LIMITED LIABILITY COMPANY BY: ______________ _ BY: ______________ _ NAME: _____________ _ NAME: _____________ _ TITLE: _____________ _ TITLE: _____________ _ WATERFALL BRIDGE CAPITAL, LLC, BENEFICIARY OF A DEED OF TRUST RECORDED FEBRUARY 4, 2022 AS INSTRUMENT NO. 2022000049085 OF OFFICIAL RECORDS. BY: BY: ______________ _ NAME: _____________ _ NAME: _____________ _ TITLE: _____________ _ TITLE: _____________ _ SEE SHEET 2 FOR NOTARY ACKNOWLEDGMENTS. SIGNATURE OMISSIONS PURSUANT TO THE PROVISIONS OF SECTION 66436(a)(3)(A) OF THE SUBDIVISION MAP ACT, THE FOLLOWING SIGNATURES HAVE BEEN OMITTED: 1. STANDARD OIL COMPANY, A CALIFORNIA CORPORATION, ITS SUCCESSORS AND ASSIGNS, HOLDER OF AN EASEMENT FOR PIPELINES FOR THE TRANSPORTATION OF OIL, PETROLEUM, WATER AND TELEPHONE LINES AND POLES WITH THE RIGHT OF INGRESS OR EGRESS, RECORDED SEPTEMBER 07, 1920 IN BOOK 377, PAGE 303 OF DEEDS. PORTION OF THE RIGHTSASSIGNED TO CRIMSON CALIFORNIA PIPELINE, L.P., A CALIFORNIA LIMITED PARTNERSHIP, TO THE EXTENT THAT SUCH INTERESTS RELATE TO THE NORTHAM PIPELINE SYSTEM, RECORDED FEBRUARY 28, 2011 AS INSTRUMENT NO. 2011000107804, OF OFFICIAL RECORDS. 2. HOLLY SUGAR CORPORATION, A NEW YORK CORPORATION, HOLDER OF A PERPETUAL RIGHT OF WAY FOR THE CONSTRUCTION, MAINTENANCE AND OPERATION OF A SEWER OR DRAIN FROM THE SITE OF ITS SUGAR FACTORY TO THE PACIFIC OCEAN, RECORDED MAY 15, 1926 IN BOOK 652, PAGE 37, OF DEEDS. 3. STANDARD OIL COMPANY OF CALIFORNIA, A CORPORATION, ITS SUBSIDIARIES, THEIR SUCCESSORS AND ASSIGNS, AN EASEMENT FOR PIPELINES FOR THE TRANSPORTATION OF OIL, PETROLEUM, GAS, GASOLINE, WATER OR OTHER SUBSTANCES, WITH THE RIGHT OF INGRESS OR EGRESS, RECORDED APRIL 10, 1935 IN BOOK 746, PAGE 151, OF OFFICIAL RECORDS. 4. THE CITY OF HUNTINGTON BEACH, HOLDER OF AN EASEMENT FOR STREET PURPOSES AND PUBLIC UTILITIES, RECORDED MAY 22, 1963 IN BOOK 6557, PAGE 241, OF OFFICIAL RECORDS. 5. THE CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION, HOLDER OF AN EASEMENT FOR STREET AND PUBLIC UTILITY PURPOSES, RECORDED JULY 12, 1972 IN BOOK 10219, PAGE 605, OF OFFICIAL RECORDS. 6. THE CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION, HOLDER OF AN EASEMENT FOR ROAD AND PUBLIC UTILITY AND INCIDENTAL PURPOSES, RECORDED MARCH 17, 1995 AS INSTRUMENT NO. 95-0107964, OF OFFICIAL RECORDS. 7. PACIFIC COAST HOMES, A CALIFORNIA CORPORATION, HOLDER OF ALL RIGHTS TO WATER WITHIN, UNDERLYING OR PRODUCED FROM THE REAL PROPERTY; AN EXCLUSIVE, PERPETUAL RIGHT AND EASEMENT FOR WELLS AND APPURTENANCES; A NONEXCLUSIVE, PERPETUAL EASEMENT FOR INGRESS AND EGRESS WITH RESPECT TO THE WELLS, RECORDED MAY 09, 1996 AS INSTRUMENT NO. 19960234732, OF OFFICIAL RECORDS. 8. THE CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION, HOLDER OF A PERPETUAL EASEMENT AND RIGHT OF WAY FOR PUBLIC STREET AND UTILITIES PURPOSES, RECORDED MAY 19, 1997 AS INSTRUMENT NO. 19970231419, OF OFFICIAL RECORDS. PURSUANT TO THE PROVISIONS OF SECTION 66436(a)(3)(C) OF THE SUBDIVISION MAP ACT, THE FOLLOWING SIGNATURES HAVE BEEN OMITTED: 1. HUNTINGTON BEACH COMPANY, A CALIFORNIA CORPORATION, HOLDER OF ALL MINERALS, OIL, GAS, PETROLEUM, OTHER HYDROCARBON SUBSTANCES AND ALL UNDERGROUND WATER IN OR UNDER OR PRODUCED FROM SAID LAND, RECORDED JUNE 03, 1991 AS INSTRUMENT NO. 91-273901, OF OFFICIAL RECORDS. SURVEYOR'S STATEMENT THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF CHRIS SEGESMAN OF BONANNI DEVELOPMENT IN JUNE 2020. I HEREBY STATE THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED, OR THAT THEY WILL BE SET IN SUCH POSITIONS WITHIN 90 DAYS AFTER ACCEPTANCE OF IMPROVEMENTS AND THAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP. DEN N DATE: 12-31-23 CITY ENGINEER'S STATEMENT 08/17/2023 DATE I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND IT TO BE SUBSTANTIALLY IN CONFORMANCE WITH THE TENTATIVE MAP, AS FILED WITH, AMENDED, AND APPROVED BY THE CITY PLANNING COMMISSION; THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT AND CITY SUBDIVISION REGULATIONS HAVE BEEN COMPLIED WITH. THIS STATEMENT WILL TAKE EFFECT UPON THE DATE WHICH THE COUNTY OF ORANGE APPROVES THE MAP AS TECHNICALLY CORRECT. DATED THIS ___ DAY OF ________ ___, 20 __ THOMAS M. HERBEL R.C.E. 53300 CITY ENGINEER, CITY OF HUNTINGTON BEACH COUNTY SURVEYOR'S STATEMENT I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND THAT ALL MAPPING PROVISIONS OF THE SUBDIVISION MAP ACT HAVE BEEN COMPLIED WITH AND I AM SATISFIED SAID MAP IS TECHNICALLY CORRECT. DATED THIS ___ DAY OF ________ ___, 20 __ KEVIN R. HILLS, COUNTY SURVEYOR L.S. 6617 BY: LILY M. N. SANDBERG, DEPUTY COUNTY SURVEYOR P.L.S. 8402 CITY PLANNING COMMISSION CERTIFICATE I, URSULA LUNA-REYNOSA, SECRETARY TO THE PLANNING COMMISSION OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, DO HEREBY CERTIFY THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND IT TO BE SUBSTANTIALLY THE SAME AS THE TENTATIVE MAP AS FILED WITH, AMENDED, AND APPROVED BY THE HUNTINGTON BEACH CITY PLANNING COMMISSION. DATED THIS ___ DAY OF ----------~ 20 __ URSULA LUNA-REYNOSA SECRETARY TO THE PLANNING COMMISSION CITY OF HUNTINGTON BEACH CITY CLERK'S CERTIFICATE STATE OF CALIFORNIA ) CITY OF HUNTINGTON BEACH ) SS COUNTY OF ORANGE ) I HEREBY CERTIFY THAT THIS MAP WAS PRESENTED FOR APPROVAL TO THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AT A REGULAR MEETING THEREOF HELD ON THE ______ DAY OF ----------~ 20_~ AND THAT THEREUPON SAID COUNCIL DID, BY AN ORDER DULY PASSED AND ENTERED, APPROVE SAID MAP AND DID ACCEPT ON BEHALF OF THE PUBLIC, SUBJECT TO IMPROVEMENTS; THE EASEMENT DEDICATION FOR STREET AND PUBLIC UTILITY PURPOSES OF: GARFIELD AVENUE (GARFIELD STREET), HOLLY LANE (HOLLY AVENUE, HOLLY STREET) AND MAIN STREET (TWENTY-THIRD STREET). AND DID ALSO ACCEPT ON BEHALF OF THE CITY OF HUNTINGTON BEACH: THE EASEMENT OVER LOT 1 WITHIN SAID TRACT FOR POLICE AND FIRE DEPARTMENT ACCESS PURPOSES AS DEDICATED. THE EASEMENT FOR ACCESS TO AND INSPECTION OF WATER QUALITY TREATMENT FACILITY AS DEDICATED. THE VEHICULAR ACCESS RIGHTS TO GARFIELD AVENUE, HOLLY STREET AND MAIN STREET AS RELEASED AND RELINQUISHED. AND DID ALSO APPROVE SUBJECT MAP PURSUANT TO THE PROVISIONS OF SECTION 66436(a)(3)(A) OF THE SUBDIVISION MAP ACT. THIS STATEMENT WILL TAKE EFFECT UPON THE DATE WHICH THE COUNTY OF ORANGE APPROVES THE MAP AS TECHNICALLY CORRECT. ROBIN ESTANISLAU CITY CLERK OF HUNTINGTON BEACH COUNTY TREASURER-TAX COLLECTOR'S CERTIFICATE STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF MY OFFICE, THERE ARE NO LIENS AGAINST THE LAND COVERED BY THIS MAP OR ANY PART THEREOF FOR UNPAID STATE, COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOT YET PAYABLE. AND DO CERTIFY TO THE RECORDER OF ORANGE COUNTY THAT THE PROVISIONS OF THE SUBDIVISION MAP ACT HAVE BEEN COMPLIED WITH REGARDING DEPOSITS TO SECURE PAYMENT OF TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES ON THE LAND COVERED BY THIS MAP. DATED THIS ____ DAY OF _____ _, 20_. SHARI L. FREIDENRICH COUNTY TREASURER-TAX COLLECTOR 120 SHEET 2 OF 4 NUMBER OF LOTS: 1 TRACT NO. 19118 ACREAGE: 2.105 ACRES GROSS 1.800 ACRES NET DATE OF SURVEY: JUNE 2020 ALL OF TENTATIVE TRACT NO. 19118 IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE STATE OF CALIFORNIA BEING A SUBDIVISION OF LOTS 1 THROUGH 6 INCLUSIVE, LOTS 8 THROUGH 11 INCLUSIVE, LOT 33, AND A PORTION OF LOT 7, IN BLOCK ";,:: OF THE GARFIELD ADDITION TO HUNTINGTON BEACH AS SHOWN ON THE MAP FILED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, RECORDS OF THE COUNTY RECORDER OF SAID COUNTY. FOR CONDOMINIUM PURPOSES WALDEN & ASSOCIATES JEFFREY A. WALDEN, P.L.S. 7914 JUNE 2020 NOTARY ACKNOWLEDGMENT: A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA COUNTY OF ______ _ ) ) ss ON ___________ BEFORE ME, ____________ _ NOTARY PUBLIC, PERSONALLY APPEARED ________________ _ ______________ , WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND. MY PRINCIPAL PLACE OF BUSINESS IS IN ________ COUNTY. SIGNATURE __________ _ MY COMMISSION EXPIRES ____ _ MY COMMISSION NUMBER ____ _ (NAME PRINTED) NOTARY ACKNOWLEDGMENT: A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA COUNTY OF ______ _ ) ) ss ON ___________ BEFORE ME, ____________ _ NOTARY PUBLIC, PERSONALLY APPEARED ________________ _ ______________ , WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND. MY PRINCIPAL PLACE OF BUSINESS IS IN ________ COUNTY. SIGNATURE __________ _ MY COMMISSION EXPIRES ____ _ MY COMMISSION NUMBER ____ _ (NAME PRINTED) NOTARY ACKNOWLEDGMENT: A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA COUNTY OF ______ _ ) ) ss ON ___________ BEFORE ME, ____________ _ NOTARY PUBLIC, PERSONALLY APPEARED ________________ _ _ _____________ , WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND. MY PRINCIPAL PLACE OF BUSINESS IS IN ________ COUNTY. SIGNATURE __________ _ MY COMMISSION EXPIRES ____ _ MY COMMISSION NUMBER ____ _ (NAME PRINTED) NOTARY ACKNOWLEDGMENT: A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA COUNTY OF ______ _ ) ) ss ON ___________ BEFORE ME, ____________ _ NOTARY PUBLIC, PERSONALLY APPEARED ________________ _ _ _____________ , WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND. MY PRINCIPAL PLACE OF BUSINESS IS IN ________ COUNTY. SIGNATURE __________ _ MY COMMISSION EXPIRES ____ _ MY COMMISSION NUMBER ____ _ (NAME PRINTED) 121 SHEET 3 OF 4 NUMBER OF LOTS: 1 TRACT NO. 19118 ACREAGE: 2.105 ACRES GROSS 1.800 ACRES NET DATE OF SURVEY: JUNE 2020 ALL OF TENTATIVE TRACT NO. 19118 IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE STATE OF CALIFORNIA BEING A SUBDIVISION OF LOTS 1 THROUGH 6 INCLUSIVE, LOTS 8 THROUGH 11 INCLUSIVE, LOT 33, AND A PORTION OF LOT 7, IN BLOCK ";,:: OF THE GARFIELD ADDITION TO HUNTINGTON BEACH AS SHOWN ON THE MAP FILED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, RECORDS OF THE COUNTY RECORDER OF SAID COUNTY. FOR CONDOMINIUM PURPOSES WALDEN & ASSOCIATES JEFFREY A. WALDEN, P.L.S. 7914 JUNE 2020 BASIS OF BEARINGS: THE BEARINGS SHOWN HEREON ARE BASED UPON THE BEARING BETWEEN O.C.S. HORIZONTAL CONTROL STATION GPS NO. 5051 AND STATION GPS NO. 5052 BEING NORTH 89°43'02'' WEST, PER RECORDS ON FILE IN THE OFFICE OF THE ORANGE COUNTY SURVEYOR. SAID LINE ALSO BEING THE CENTERLINE OF GARFIELD AVENUE (GARFIELD STREET). DATUM STATEMENT: COORDINATES SHOWN ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM (CCS83), ZONE VI, 1983 NAD, (2017.50 EPOCH OCS GPS ADJUSTMENT). ALL DISTANCES SHOWN ARE GROUND UNLESS OTHERWISE NOTED. TO OBTAIN GRID DISTANCE MULTIPLY GROUND DISTANCE BY 0.999973025 (PROJECT SPECIFIC). SURVEYOR'S NOTES: THE LINES OF OCCUPATION APPEAR TO FIT THE EXTERIOR BOUNDARY (DISTINCTIVE BORDER) OF THIS MAP AS ESTABLISHED HEREON. (A) INDICATES VEHICULAR ACCESS RIGHTS TO GARFIELD AVENUE (GARFIELD STREET), HOLLY LANE "(HOLLY AVENUE, HOLLY STREET), AND MAIN STREET (TWENTY-THIRD STREET) RELEASED AND RELINQUISHED TO THE CITY OF HUNTINGTON BEACH EXCEPT AT LOCATIONS APPROVED BY THE PLANNING COMMISSION. (R1) INDICATES RECORD DATA PER GARFIELD STREET ADDITION TO HUNTINGTON BEACH, M.M. 7 /27-28. (R2) INDICATES RECORD DATA PER PARCEL MAP NO. 2000-207, P.M.B. 325/35-37, AS AMENDED BY CERTIFICATE OF CORRECTION RECORDED MARCH 10, 2004 AS INSTRUMENT NO. 2004000197305 OF OFFICIAL RECORDS. (R3) INDICATES RECORD DATA PER TRACT NO. 16497, M.M. 860/25-26. (R4) INDICATES RECORD DATA PER TRACT NO. 16289, M.M. 837 /44-45. (R5) INDICATES RECORD DATA PER TRACT NO. 18106, M.M. 982/46-48. C INDICATES CALCULATED FROM REFERENCED RECORD DATA. EASEMENT NOTES: @ INDICATES AN EASEMENT FOR PIPELINES, TELEPHONE LINES AND POLES WITH THE RIGHT OF WAY OF INGRESS OR EGRESS, IN FAVOR OF STANDARD OIL COMPANY, A CORPORATION, RECORDED SEPTEMBER 7, 1920 IN BOOK 377, PAGE 303, AND CRIMSON CALIFORNIA PIPELINE, L.P., A CALIFORNIA LIMITED PARTNERSHIP, RECORDED FEBRUARY 28, 2011 AS INSTRUMENT NO. 2011000107804, BOTH OF OFFICIAL RECORDS. @ INDICATES AN EASEMENT FOR PIPELINES AND INCIDENTAL PURPOSES WITH THE RIGHT OF WAY OF INGRESS OR EGRESS, IN FAVOR OF STANDARD OIL COMPANY, A CORPORATION, RECORDED APRIL 10, 1935 IN BOOK 746, PAGE 151 OF DEEDS. @ INDICATES AN EASEMENT AND RIGHT-OF-WAY FOR STREET PURPOSES AND PUBLIC UTILITIES IN FAVOR OF THE CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION, RECORDED MAY 22, 1963, IN BOOK 6557, PAGE 241 OF OFFICIAL RECORDS. @ INDICATES AN EASEMENT FOR STREET PURPOSES AND PUBLIC UTILITIES, IN FAVOR OF THE CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION, RECORDED JULY 12, 1972, IN BOOK 10219, PAGE 605 OF OFFICIAL RECORDS. (D INDICATES AN EASEMENT FOR STREET PURPOSES AND PUBLIC UTILITIES, IN FAVOR OF THE CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION, RECORDED MARCH 17, 1995, AS INSTRUMENT NO. 1995-0107964 OF OFFICIAL RECORDS. @ INDICATES AN EXCLUSIVE, PERPETUAL RIGHT AND EASEMENT TO DRILL; A NONEXCLUSIVE, PERPETUAL EASEMENT FOR INGRESS AND EGRESS WITH RESPECT TO THE FACILITIES AND APPURTANCES ABOVE, RESERVED BY PACIFIC COAST HOMES, A CALIFORNIA CORPORATION, RECORDED MAY 09, 1996 AS INSTRUMENT NO. 19960234732 OF OFFICIAL RECORDS. @ INDICATES A PERPETUAL EASEMENT AND RIGHT OF WAY FOR PUBLIC STREET AND UTILITIES PURPOSES, IN FAVOR OF THE CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION, RECORDED MAY 19, 1997 AS INSTRUMENT NO. 19970231419 OF OFFICIAL RECORDS. (D INDICATES AN EASEMENT FOR STREET AND PUBLIC UTILITY PURPOSES DEDICATED HEREON TO THE CITY OF HUNTINGTON BEACH. Q) INDICATES A 24.00' WIDE EASEMENT FOR POLICE AND FIRE DEPARTMENT ACCESS PURPOSES DEDICATED HEREON TO THE CITY OF HUNTINGTON BEACH. @ INDICATES AN EASEMENT FOR ACCESS TO AND INSPECTION OF WATER QUALITY TREATMENT FACILITY DEDICATED HEREON TO THE CITY OF HUNTINGTON BEACH. A PERPETUAL RIGHT OF WAY FOR THE CONSTRUCTION, MAINTENANCE AND OPERATION OF A SEWER OR DRAIN IN FAVOR OF HOLLY SUGAR CORPORATION, A NEW YORK CORPORATION, RECORDED MAY 15, 1926 IN BOOK 652, PAGE 37, OF DEEDS. (SAID EASEMENT IS FROM THE SITE OF ITS SUGAR FACTORY TO THE PACIFIC OCEAN AND NOT PLOTTABLE FROM RECORD DOCUMENT, NOT SHOWN HEREON) MONUMENT NOTES: A INDICATES FOUND O.C.S. GPS HORIZONTAL CONTROL STATION MONUMENT PER RECORDS ON FILE IN THE OFFICE OF THE ORANGE COUNTY SURVEYOR. DJ FOUND 2" IRON PIPE WITH BRASS TAG STAMPED "RCE 12589" IN WELL MONUMENT PER (R2, R3, & R4), DOWN 0.8'. POINT IS LOCATED AT CENTERLINE OF GARFIELD AVENUE AND GOLDENWEST STREET. SAID POINT BEING O.C.S. GPS NUMBER 5052, PER RECORDS ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR. [I] FOUND PUNCHED 3" BRASS DISK STAMPED "HB CITY SURVEYORS 'S' " IN STANDARD WELL MONUMENT, PER COUNTY OF ORANGE CORNER RECORD DOCUMENT NO. 2014-0638 AND (R2, R3 & R4), DOWN 0.9'. POINT IS LOCATED AT CENTERLINE OF MAIN STREET (SOUTH) AND GARFIELD AVENUE. SAID POINT BEING O.C.S. GPS NUMBER 5051, PER RECORDS ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR. e INDICATES FOUND MONUMENT AS NOTED BELOW. 0 FOUND PUNCHED 3" BRASS DISK STAMPED "HB CITY SURVEYORS 'N' " IN STANDARD WELL MONUMENT, PER COUNTY OF ORANGE CORNER RECORD DOCUMENT NO. 2014-0639, DOWN 0.9'. POINT IS LOCATED AT CENTERLINE OF MAIN STREET (NORTH) AND GARFIELD AVENUE. [I) FOUND 2" IRON PIPE WITH TAG STAMPED "LS 3341' PER COUNTY OF ORANGE CORNER RECORD DOCUMENT NO. 2003-1921 & 2014-0637 AND (R3), DOWN 1.1'. ~ FOUND 2" IRON PIPE WITH TAG STAMPED "LS 3341' PER PER COUNTY OF ORANGE CORNER RECORD DOCUMENT NO. 2003-1921 & 2014-0637 AND (R3), DOWN 1.1'. [§J FOUND BOAT SPIKE (RAILROAD SPIKE) AND ALUMINUM WASHER STAMPED "LS 3341' PER COUNTY OF ORANGE CORNER RECORD DOCUMENT NO. 2003-1921 AND (R3), FLUSH. ACCEPTED AS P.I. OF CURVE ALONG CENTERLINE OF MAIN STREET PER (R2) AND CR NO. 2003-1921. [zJ FOUND GEAR SPIKE (COTTON SPINDLE, SPOKE) AND BRASS WASHER STAMPED "LS 7707" PER COUNTY OF ORANGE CORNER RECORD DOCUMENT NO. 2014-0636, FLUSH. @:) FOUND 2" IRON PIPE WITH TAG, NO NUMBER, IN WELL MONUMENT PER COUNTY OF ORANGE CORNER RECORD DOCUMENT NO. 2004-0505, DOWN 1.2'. [2J SEARCHED, FOUND NOTHING. 0 INDICATES A 2" IRON PIPE WITH TAG STAMPED "PLS 7914" OR LEAD AND TAG STAMPED "PLS 7914" OR SPIKE AND WASHER STAMPED "PLS 7914'' TO BE SET AT TRACT AND LOT CORNERS AS SHOWN, WITHIN 90 DAYS AFTER ACCEPTANCE OF IMPROVEMENTS, UNLESS OTHERWISE NOTED. 122 Notice of Action: GPA 20-003/ZTA 20 -003/TTM 19118/CUP 20-025/EA 20-003 May 25 , 2022 Page 2 Mike Vigliotta, Chief Assistant City Attorney Bob Milani , Principal C ivil Engineer Jasmine Daley , Building Manager Property Owner Project File 126 ATTACHMENT N0.1 FINDINGS AND CONDITIONS OF APPROVAL ZONING TEXT AMENDMENT NO. 20-003/ TENTATIVE TRACT MAP NO. 19118/ CONDITIONAL USE PERMIT NO. 20-025 FINDINGS FOR APPROVAL-ZONING TEXT AMENDMENT NO. 20-003: 1. Zoning Text Amendment (ZTA) No. 20-003 to amend the existing zoning designation within the Holly-Seacliff Specific Plan (SP9) from Commercial (C) to Residential Medium Density • (RM) to allow for the development of up to 15 dwelling units per acre is consistent with the goals and policies of the General Plan .as identified below. A. Land Use Element Goal LU-1 -New commercial, industrial , and residential development is coordinated to ensure that the land use pattern is consistent with the overall goals and needs of the community. Policy LU-1C -Support infill development, consolidation of parcels , and adaptive reuse of existing buildings . Policy LU-1 D -Ensure that new development projects are of compatible proportion, scale and character to complement adjoining uses. Policy LU-2D -Maintain and protect residential neighborhoods by avoiding encroachment of incompatible land uses. Policy LU-2E -Intensify the use and strengthen the role of public art, architecture, landscaping, site design, and development patterns to enhance the visual image of Huntington· Beach . Goal LU-4 -A range of f10using types is available to meet the diverse economic, physical, and social needs of future and existing residents, while neighborhood character and residences are well maintained and protected. Goal LU-7 -Neighborhoods, corridors, and community subareas are well designed, and buildings, enhanced streets, and public spaces contribute to a strong sense of place. The project includes a ZTA to implement the land use designation proposed as part of General Plan Amendment No . 20-003 and enable the redevelopment of a primarily undeveloped site into a residential community consisting of 35 townhomes . The project also includes Tentative Tract Map (TTM) No. 19118 to consolidate 12 existing lots into a one lot condominium map for the development of the attached townhome units. Redevelopment of the primarily undeveloped site with a residential townhome project and approval of the TTM to consolidate G:PC\NOA\22\052422 GPA 20-003_ZTA 20-003_ TTM 1911 B_CUP 20-025_EA 20-003 (Holly Triangle)_ Attachment 1.1 127 the existing onsite lots into one lot would support the City's _goals and policies aimed at promoting infill residential development. The project will develop the property with three-story townhomes that will exhibit a modern coastal architectural style with elements of farmhouse and coastal design that are in keeping with the proportion, scale, and character of the neighborhood and will add to the range of housing types available in the community. Approval of the ZTA will ensure that the project is consistent with the development standards for RM uses as outlined in the Holly-Seacliff Specific Plan • and the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). The project also provides enhanced landscaping areas along each of the three streets that form the site boundaries-to enhance existing vehicular and pedestrian connections within the project area . B. Housing Element Policy 1.1 -Preserve the character , scale and quality of established residential neighborhoods . Goal 2 -Provide adequate housing sites through appropriate land use, zoning and specific plan designations to accommodate Huntington Beach's share of regional housing needs. Policy 2.1 . -Provide site opportunities for development of housing that responds to diverse community needs in terms of housing types, cost and location, emphasizing locations near services and transit that promote walkability. _Goal 3 -Enhance housing affordability so that modest -income households can remain an integral part of the Huntington Beach community. Policy 3.1 -Encourage the production of housing that meets all economic segments of the community , including lower, moderate , and upper income households, to maintain a balanced community . Policy 3.2 -Utilize the City's lnclusionary Housing:Ordinance as a tool to integrate affordable units within market rate developments . Continue to prioritize the construction of affordable units on-site, with provision of units off-site or payment of an in-lieu housing fee as a less preferred alternative. Policy 3 .3 -Facilitate the development of affordable housing through regulatory incentives and concessions, and/or financial assistance , with funding priority to projects that i nclude extremely low income units . Proactively seek out new models and approaches in the provision of affordable housing . Policy 3.4 -Explore collaborative partnerships with non-profit organizations, developers, the business community and governmental agencies in the provision of affordable housing. Policy 4.1 -Regulatory Incentives for Affordable Housing Support the use of density bonuses and other incentives, such as fee deferrals/waivers and parking reductions, to offset or reduce the costs of developing affordable housing while ensuring that potential impacts are addressed . The proposed project will develop a mostly vacant , underutilized site with 35 three-story townhomes that will be consistent with the scale and nature of residential land uses G:PC\NOA\22\052422 GPA 20 -003_ZTA 20-003_ TTM 19118_CUP 20-025_EA 20-003 (Holly Triangle)_ Attachment 1.2 128 surrounding the site . The project would respond to community needs for pedestrian infrastructure adjacent to housing by developing the subject property, which has an existing bus stop on Main Street, with a residential project and constructing a new sidewalk along Holly Lane. The project will comply with the Holly-Seacliff Specific Plan's affordable housing requirement to provide 15 percent of the proposed dwelling units as affordable units because the Applicant is providing 5 affordable units on the site. Due to the provision of affordable housing, the Applicant is entitled to a 10 percent density bonus, one incentive/concession, and an unlimited number of waivers of development standards as permitted by the California Density Bonus Law. The project includes a 10 percent density bonus to allow 16.59 units per -gross acre instead of the maximum density of 15 units per gross acre established in the Holly-Seacliff Specific Plan. The project is not requesting any incenti.ves/concessions, but does include waivers of development standards to allow for a reduced front yard setback along Holly Lane (10 feet instead of 15 feet) and a reduced building separation between several of the onsite buildings (15 -and 16-feet instead of 20- feet). Approval of the density bonus and the requested waivers would serve as mechanism to accommodate additional housing and add to the City's overall housing .stock . 2. The ZTA would -chaoge the land use designation of the subject property and modify text within the Holly-Seacliff Specific Plan to enable development of the site with a medium-density residential project. Conservatively, the addition of 35 units on the site has been reflected in the overall development capacity for the Specific Plan to ensure consiste·ncy with the proposed RM designation on the subj~ct property. However, because residential uses developed under the Specific Plan have largely been developed at l0wer densities than what was _permitted under the Specific Plan, the proposed ZTA will be consistent with the overall residential development capacity that was envisioned for the Specific Plan area . Furthermore, the ZTA will not affect the overall land use uses or the development standards prescribed for the. RM zoning district established in the Holly-Seacliff Specific Plan. 3. A community need is demonstrated for the change proposed because it will allow an underdeveloped site to be developed with a residential use that is consistent with the character oUhe area-and will add to the City's housing stock. 4 . Adoption of the ZTA will be in conformity with public convenience, general welfare and good zoning practices because residential uses are a more appropriate land use for the s1te than commercial uses. The site is surrounded by residential uses on all sides and development of-a commercial use on the subject property woUld result in greater impacts to existing residences than a residential use , such as the proposed project. Furthermore, a residential use is more appropriate than a commercial use on the property because the site -has been zoned for commercial uses since adoption of the Specific Plan and has yet to be developed with a commercial use outside of the glass shop on the northwest corner.· Therefore , adoption of the ZTA will implement the land use designation proposed with General Plan Amendment No . 20- 003 and the overarching goals and policies in the Specific Plan, and would result in a land use on the property that is more compatible with the surrounding neighborhood. FINDINGS FOR APPROVAL -TENTATIVE MAP NO. 19118: 1. Tentative Tract Map (TIM) No. 19118 to consolidate 12 lots into a 1.80 net acre lot for condominium purposes is consistent with the Holly-Seacliff Specific Plan land use designation of Residential Medium Density (RM) on the subject property, applicable provisions of the G:PC\NOA\22\052422 GPA 20-003_ZTA 20-003_ TTM 1911 B_CUP 20 -025_EA 20-003 (Holly Triangle)_ Attachment 1.3 129 Subdivision Map Act, and the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). The TTM complies with all development standards set forth in the Specific Plan, including minimum lot size and width. The proposed subdivision is also consistent with the goals , policies, and objectives of the General Plan Land Use Element that govern new subdivisions and residential development. These goals and policies call for a range of housing types to be available to meet the diverse economic, physical, and social needs of future and existing residents, while maintaining the neighborhood character of the surrounding area . 2. The site is physically suitable for-the type and density of development prop0sed as part of the project because the -subject property is located in a residential neighborhood with similar residential development under the same Residential Medium Density land use and zoning designations. The applicant will physically construct or pay fees for all infrastructure improvements required as part of the project. Access to the site will be provided off Holly Lane- to reduce the potential for traffic congestion and vehicular conflicts on Garfield Avenue and Main Street, and to foster a connection with existing residential neighborhoods across Holly Lane. Emergency access will be provided via Holly Lane and an emergency-vehicle-access- only access point off of Main Street. The private streets comply with the City 's standard drive aisle/fire lane width of 24 feet and will provide direct access to each unit and its attached garage . The project will also provide 82 parking spaces, including 70 spaces within 2-car attached garages associated with each unit and 12 off-street guest spaces . Pedestrian access to the site will be provided by existing sidewalks along Main Street and Garfield Avenue and a new sidewalk to be constructed along Holly Lane. Therefore, the project site suitable to accommodate the type of development proposed . The proposed subdivision would result in a density of 16.59 units per gross acre, which is allowed under the California Density Bonus law and _i s consistent with the request for this property to be designated Residential Medium Density. The proposed density would be consistent with the character of other higher density multi-family residential uses in the proj_ect vicinity. Therefore, the site's size, shape, and topography are conducive to the development of a new residential development that con.forms to the Holly-Seacliff Specific Plan, the General Plan, HBZSO, and other city requirements and is in keeping. with the character of the surrounding neighborhood. 3. The design of the subdivision or the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat because the site has been previously been disturbed and is void of any wildlife habitat. However, because oil drilling -operations previously occurring on the site, the project includes the re-abandonment of two onsite wells and the installation of a methane barrier system under the proposed residences pursuant to City Specification 422 and 429 to avoid any health hazards associated with the oil wells onsite. Project design features , compliance with regulatory requirements, and implementation of modified mitigation measures outlined in Environmental Assessment No. 20-003 (Addendum No. 1 to the Holly- Seacliff Specific Plan Environmental Impact Report [EIR]) will ensure that the subdivision will not cause serious health problems or substantial environmental damage. 4. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision unless alternative easements, for access or for use, will be provided. The only existing easement on the property is a private utility easement for the benefit of Standard Oil or its successors and was originally granted to lay down an oil pipeline on the site. This G:PC\NOA\22\052422 GPA 20-003_ZTA 20-003_ TTM 1911 B_CUP 20-025_EA 20-003 (Holly Triangle)_ Attachment 1.4 130 easement will continue to be in place on the property following project implementation . The subdivision will provide all necessary streets, sidewalk, and utility easements to_serve the new development. FINDINGS FOR APPROVAL -CONDITIONAL USE PERMIT NO. 20-025: 1. Conditional Use Permit No. 20-025 to develop 35 three-story attached townhomes up to 40 feet tall, and allow 43-inch and 6-foot tall walls in lieu of 42-inch walls in the 10-foot front yard setback along Holly Lane and 6-foot tall walls in lieu of 42 -inch walls in the 15 -foot front yard setback area along Main Street will not be detrimental to the general welfare of persons working or residing_ in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The project will improve an existing underutilized site with a residential development consistent with other uses in the vicinity. The project will also result in a visual and economic improvement from existing conditions on the site, which largely consists of an undeveloped dirt lot and a small glass shop, and will assist in meeting the changing housing needs of the community . The project will comply with development standards in the Specific Plan, including building height, lot -coverage, and landscaping and will be consistent with -the overall bulk and scale of existing residential uses in the project vicinity. The project also includes fac_;:ade breaks, a variation in the color scheme for each elevation, and roof variations into the design of each plan to minimize overall building mass and · scale for each of the proposed units. The proposed units will be designed to reflect a modern coastal/farmhouse architectur:al style and will use of durable high quality building materials to enhance the project design and ensure its compatibility with the surrounding area. The 43-inch and 6-foot tall walls in the 10-foot front yard setback along Holly Lane and 6-foot tall walls in the 15-foot front yard setback area along Main S.treet will buffer -onsile activities from surrounding uses. The project also includes a 15-foot landscaped area within the front yard setback along Main Street and an approximately 2.5-foot landscaped area within the front yard setback along Holly Lane, which would soften the appearance -of the walls and enhance the streetscape within the reduced fror:it yard setback area . Existing roadways forming the boundaries of the site will also provide an adequate setback to buffer onsite activity from adjacent uses and - minimize any· impacts to the general welfare of people working or residing in the vicinity of the site. Furthermore, as-demonstrated in Addendum No . 1 to the Holly-Seacliff Specific Pian EIR, the project will not result in any adverse or significant environmental impacts, including traffic, noise, lighting, aesthetics, or hazardous materials, that would be detrimental to the general welfare of people in the vicinity of the site. 2. The granting of the conditional use permit to develop -35 three-story attached townhomes up to 40 feet taii·, and allow 43-inch and· 6-foot tall walls in lieu of 42:...inch walls in the 10-foot front yard setback along Holly Lane and 6-foot tall walls in lieu of 42-inch walls in the 15-foot front yard setback area along Main Street, will not adversely affect the General Plan because once approved, the project will be consistent with the Residential Medium Density Land Use Element designation established within the Holly-Seacliff Specific Plan. The proposed project is also consistent with the General Plan goals and policies listed below. A. Land Use Element Goal LU-1 -New commercial, industrial, and residential development is coordinated to ensure that the land use pattern is consistent with the overall goals and needs of the community. G :PC\NOA\22\052422 GPA 20-003_ZTA 20-003_ TTM 1911 S_CUP 20-025_EA 20-003 (Holly Triangle)_ Attachment 1.5 131 Policy LU-1 C -Support infill development, consolidation of parcels, and adaptive reuse of existing buildings. Policy LU-1 D -Ensure that new development projects are of compatible proportion, scale and character to complement adjoining uses. Policy LU-2D -Maintain and protect residential neighborhoods by avoiding encroachment of incompatible land uses. Policy LU-2E -Intensify the use and strengthen the role of public art, architecture, landscaping, site design, and development patterns to enhance the visual image of Huntington Beach. Goal LU-4 - A range of housing types is available to meet the diverse economic, physical, and social needs of future and existing residents, while neighborhood character and residences are well maintained and protected. Policy LU-4D -Ensure that single-family residences are of compatible proportion, scale and character to surrounding neighborhoods . Goal LU-7 Neighborhoods, corridors, and community subareas are well designed, and buildings, enhanced streets, and public spaces contribute to a strong sense of place. The proposed 35-unit development will continue the land use pattern of medium-density- residential uses in the surrounding area. The project also supports infill development, as the project is located on an underutilized lot with a singular retail _building that will be demolished as part of the proposed project. The proposed project wifl be compatible in proportion, scale, and character with the surrounding neighborhood because there are similar medium-density residential units surrounding the site. Furthermore, the attached town homes will provide a-mix of housing types to meet the diverse economic, social, and housing needs of the cummunity . The proposed residential plans illustrate a modem coastal architectural style with elements of farmhouse and coastal design that are in keeping-with the proportion, scale, and character of the neighborhood. The project also provides enhanced landscaping areas along each of the three primary streets that form the site boundaries and at each of the three street corners to enhance existing streets and pedestrian connections within the project area. B. Housing Element Policy 1.1-Preserve the character, scale and quality of established residential neighborhoods. Goal 2 -Provide adequate housing sites through appropriate land use, zoning and specific plan designations to accommodate Huntington Beach's share of regional housing needs. Policy 2.1. -Provide site opportunities for development of housing that responds to diverse community needs in terms of housing types, cost and location, emphasizing locations near services and transit that promote walkability. Goal 3 -Enhance housing affordability so that modest income households can remain an integral part of the Huntington Beach community . G:PC\NOA\22\052422 GPA 20-003_ZTA 20 -003_ TTM 1911 B_CUP 20-025_EA 20-003 (Holly Triangle)_ Attachment 1.6 132 Policy 3.1 -Encourage the production of housing that meets all economic segments of the community, including lower, moderate, and upper income households, to maintain a balanced community. Policy 3.2 -Utilize the City 's lnclusionary Housing Ordinance as a tool to integrate affordable units within market rate developments. Continue to prioritize the construction of affordable units on-site , with provision-of units off-site or payment of an in-lieu housing fee as a less preferred alternative-. Policy 3.3 -Facilitate the development of affordable housing through regulatory incentives and concessions, and/or financial assistance, with funding priority to projects that include extremely low income units. Proactively seek out new models and approaches in the provision of affordable housing . Policy 3.4 -Explore collaborative partnerships with non-profit organizations, developers, the business community and governmental agencies in the _provision of affordable housing. Policy 4.1 -Regulatory Incentives for Affordable Housing Support the use of density-bonuses and other incentives, such .as fee deferrals/waivers and parking reductions, to offset or reduce the costs of developing affordable housing while ensuring that potential impacts are addressed. The proposed project . will develop a mostly vacant, underutilized site with -35 three-story townhomes that will be consiste □t with the scale and: nature of residential !and uses surrounding the site. The project-will comply· with the Holly-Seacliff Specific Plan's affordable housing requirement to provide 15 percent of the proposed dwelling units as affordable units because the applicant is providing 5 units for families . Therefore, approval of project will accommodate additional housing and add to the City's _overall housing stock. 3. The proposed project will comply with the provisions of the RM (Residential Medium Density) district and other applicable provisions in Titles 20-25 or the Huntington Beach Zoning and Subdivision Ordinance . With the exception of two waivers of development standards and a Conditional Use Permit to allow walls exceeding 42 inches within the front yard setback areas along Holly Street and Main Street, development of the project will occur in accordance with the development standards outlined in the Specific Plan and applicable provisions of the California Density Bonus Law. The project includes a density bonus of rn percent to_ allow 16.59 units per gross acre instead of the maximum density of 15 units per gross acre established in the Holly-Seacliff Specific Plan and waivers of development standards to allow for a reduced front yard setback along Holly Lane (from 15 feet to 10 feet) and a reduced building separation between several of the onsite buildings (from 20 feet to 15-and 16-feet). The project Conditional Use Permit request will allow 43-inch and 6-foot tall walls in lieu of 42- inch walls in the 10-foot front yard setback along Holly Lane, and to allow 6-foot tall walls in lieu of 42-inch walls in the 15-foot front yard setback area along Main Street to provide privacy to onsite residents. The project also includes a 15-foot landscaped area within the front yard setback along Main Street and an approximately 2.5-foot landscaped area within the front yard setback along Holly Lane, which would soften the aesthetic appearance of the walls and enhance the streetscape within the reduced front yard setback area. The configuration of these walls provides for a varied setback along the street frontage, in accordance with the City's Urban Design Guidelines, and a green-space buffer adjacent to the sidewalk. In G :PC\NOA\22\052422 GPA 20-003_ZTA 20-003_ TIM 1911 B_CUP 20-025_EA 20-003 (Holly Triangle)_ Attachment 1.7 133 addition , the provision of private patio areas along Holly Lane will contribute to the sense of community and provide more "eyes" on the street consistent with principles .of Crime Prevention through Environmental Design. With the exception of the CUP request for wall heights, the only deviations from applicable development standards established in the base zoning district and other applicable provisions in Titles 20-25 are related to the requested waivers of development standards, density bonus, and reduced parking ratio included as part of the project as permitted under the California Density Bonus Law. CONDITIONS OF APPROVAL-TENTATIVE TRACT MAP NO . 19118: 1. Tb.e Tentative Tract Map No. 19118 received and dated September 1, 2021 shall be the approved layout with the following modifications : a. The text indicating, "ALLEY TO BE VACATED", shown within Lot 33 shall be removed from the subject Tentative Tract Map . (PW) b. The text, "LOT 33 (PRiVATE ALLEY) TO BE ABANDONED BY CiTY OF HUNTINGTON BEACH PER FINAL MAP" shall be revised to indicate, IT LOT 33 TO BE TRANSFERRED TO THE ADJACENT PROPERTY OWNER". (PW) c. Identify the location of the existing pipeline and associated easement on all TTM plans and construction-related documents. (PC) 2. Prior to recordation of the final map fo[ Tentative Tract Map No . 19118, the transfer of Lot 33 (to the adjacent property owner) srrali be finalized with the City and recorded with the CouAty Recorder. (PW) 3. Pursuant to Section 230.14 of the HBZSO, the final map for Tentative Tract Map-No. 19118 shall -not be approved by the City Council until an Affordable Housing Agreement has been approved by the City Council. 4. Prior to issuance of a grading permit and at least 14 days prior to any grading activity, the applicant/developer shall provide notice in writing to property owners of record and tenants of properties within a 500-foot radius of the project site as noticed for the public hearing. The notice -shall include a general description oL planned -grading activities and an estimated timeline for commencement and completion of work and a contact person name with phone number. Prior to issuance of the grading permit, a copy of the notice and list of recipients shall be submitted to the Community Development Department. 5. Prior to issuance of Building Permits, an Affordable Housing Agreement in accordance with the Affordable Housing Program shall be submitted to the Community Development Department for review and approval by the City Attorney, and accepted by the City Council. Said agreement shall be recorded with the Orange County Recorder's Office prior to issuance of the first building permit for the tract. The Agreement shall comply with HBZSO Section 230.14 and include, but not be limited to, the following items: a. The project shall include a total of five onsite units that are affordable to Moderate Income Households for a duration of 45 years; b. The method in which the developer and the City are to monitor the affordability of the G:PC\NOA\22\052422 GPA 20-003_ZTA 20-003_ TTM 1911 S_CUP 20-025_EA 20-003 (Holly Triangle)_ Attachment 1.8 134 subject affordable units and the eligibility of the tenants or owners of-those units over the period of the agreement; c. The method in which vacancies will be marketed and filled; d . A description of the location and unit type (bedrooms, floor area, etc.) of the affordable units within the project. Affordable units shall be located throughout the project and shall include a mixture of unit types in the same ratio as provided throughout the project; and e. Standards for maximum qualifying household incomes and standards for maximum rents or sales prices. 6. Prior to submittal of the final tract and at -least 90 days before City Council action on the final map , Conditions Covenants & Restrictions (CC&Rs) • shail be submitted to the Community Development Department, Public Works, Fire, and City Attorney's office for review and approval. The CC&Rs shall identify the common driveway access easements, and maintenance, repair and replacement of all walls, common landscape areas, irrigation, drainage facilities, water quality BMP's, water system lines, fire system lines, sewer system lines, and private service lines by the Homeowners' Association . The CC&Rs shall restrict any revision or amendment of the WQMP except as may be dictated by either local , state, or federal law and the LIP . The CC&Rs shall include notification to all potential buyers and renters of the effects resulting from on-site and off-site oil infrastructure (including oil wells and an active pipeline), oil production activities and other adjacent industrial uses including the frequency and locations of maintenance and service· operations, noise levels, and potential odors. The CC&Rs shall include the allowable and prohibited encroachments into or on the pipeline easement, the contact information for the applicable regulatory agencies (City and state), and emergency procedures, as well as the contact information and responsibilities of the pipeline operator and all other relevant information to ensure no damage would occur to the pipeline during operation and to protect the health and safety of onsite residents . The CC&Rs shall also include a parking management plan to ensure the ongoing control of availability of on-site parking including but not limited to: the implementation of a parking permit system, restricting garages from being converted to living quarters, workshops, or storage that will preclude the parking of two vel'licles, all open parking spaces within the project shaii be unassigned and available for visitors and guests; no boat, trailer, camper, off-road vehicle , golf cart, commercial vehicle, mobile home, motor home, bus, or other recreational. vehicle or any non-operating vehicle shall be parked or stored in any open sparking spaces ; and towing of any vehicles violating the restrictions within the CC&Rs. The CC&Rs shall also include disclosure to homebuyers that the property is adjacent to and in the vicinity of industrial sites . The CC&Rs must be in recordable form prior to recordation of the map . (HBZSO Section 253 .12 .H) 7. Block wall/fencing plans (including a site plan, section drawings, and elevations depicting the height and material of all retaining walls, walls, and fences) consistent with the grading plan shall be submitted to and approved by the Community Development Department. Double walls shall be avoided to the greatest extent feasible. Prior to the construction of any new walls, a plan must be submitted identifying the removal of any existing walls located on the subject property. The plans shall identify materials , seep holes and drainage. 8. Comply with all applicable mitigation measures adopted for the project in conjunction with the Environmental Assessment No . 20-003 (Addendum No. 1 to the certified Final Environmental G:PC\NOA\22\052422 GPA 20-003_ZTA 20-003_TTM 1911 B_CUP 20-025_EA 20-003 (Holly Triangle)_ Attachment 1.9 135 Impact Report for the Holly-Seacl iff Specific Plan). 9. Incorporating sustainable or "green" building practices into the . design of the proposed structures and associated site improvements is highly encouraged . Sustainable building practices may include (but are not limited to) those recommended by the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) Program certification (http://www.usgbc.org/DisplayPage .aspx?CategorylD=19) or Build It Green's Green Building Guidelines and Rating Systems (http ://www.builditgreen.org/green-building-guidelines-rating). 10 . The development services departments (Community Development Department, Fire Department, and Public Works) shall be responsible for ensuring compliance with all applicable code requirements and conditions of approval. The Director of Community Development may approve minor amendments to the plans and/or conditions of approval as appropriate based on changed circumstances , new information or other relevant factors . Final map review and permits shall not be issued until the development services departments have reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action. If the proposed changes are of a substantial nature ; an amendment to the original entitlement reviewed by the Planning~ Commission may be required pursuant to the provisions of HBZSO-Section 241.18. CONDITIONS OF APPROVAL -CONDITIONAL USE PERMIT NO. 20-025: 1. The site plan, floor plans, elevations, landscaping plan, fencing plan , and colors/materials board received and dated February 11, 2022 shall be the conceptually approved design with the following modifications subject to the approval of -Planning staff: a. Paint the exposed headers on the third floor to match the dark grey in lieu -of the existing wood finish (ORB). b. Add horizontal sliders to the upper story windows (ORB). c. Modify the maximum height of the 3-foot, 6:.inch high precision CMU wall within the front yard setback area along Holly Lane to be a total of 43 inches . (HBZSO Chapter 210.06.0.2.C) d. Identify the location of the existing pipeline and associated easement on all plans and construction-related documents . (PC) 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval, mitigation measures identified in Addendum No. 1 to the Holly-Seac!iff Specific Plan EIR, and Code Requirements provided in the letter dated April, 12, 2022 shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. b. Submit three (3) copies of the site plan and the processing fee to the Community Development Department for addressing purposes after street name approval by the Fire Department. G:PC\NOA\22\052422 GPA 20-003_ZTA 20-003_ TTM 19118_CUP 20-025_EA 20-003 (Holly Triangle)_ Attachment 1.10 136 c. Submit a copy of the revised plans to the Community Development Department pursuant to Condition 1 for review , approval, and inclusion in the entitlement file. 3. Prior to issuance of building permits , the following shall be completed: a. Block wall/fencing plans (including a site plan , section drawings, and elevations depicting the height and material of all retaining walls, walls, and fences) consistent with the grading plan shall be submitted to and approved by the Community Development Department. Double walls shall be avoided to the greatest extent feasible . Prior to the construction of any new walls, a plan must be submitted identifying the removal of any existing walls located on the subject property . The plans shall identify materials, seep holes and drainage. b. Contact the United States Postal Service for approval of mailbox location(s). c. An interim parking and building materials storage plan shall be submitted to the Community DevBlopment Department to assure adequate parking and restroom facilit ies are available for employees, customers , and contractors during the project 's construction phase and that adjacent properties will not be impacted by their location. The plan shall also be reviewed and approved by the Fire Department and Public Works Department. The applicant shall obtain any necessary encroachment permits from the Department of Public Works . d. The applicant shall obtain any necessary permits from the South Coast Air Quality Management District and submit a copy to Community Development Department (AQ MD Rule 1403). 4 . During demolition, grading , site development, and/or construction, the following shall be adhered to : a. Construction equipment shall be maintained in peak operating condition to reduce emissions . b. Use low sulfur (0.5%) fuel by weigh t for construct ion equipment.. c. Truck idling shall be prohibited for periods longer than 10 minutes . ·d. Attempt to phase and schedule activities to avoid high ozone days first stage smog alerts. e.. Discontinue operation during second stage smog alerts . f. Ensure clearly visible signs are posted on the perimeter of the site identifying the name and phone number of a field supervisor to contact for information regarding the development and any construction/grading activity . g. All Huntington Beach Zoning and Subdivision Ordinance and Municipal Code requirements including the Noise Ordinance. All activities including truck deliveries associated with construction, grading , remodeling, or repair shall be limited to Monday-Saturday 7:00 AM to 7:00 PM . Such activities are prohibited Sundays and Federal holidays (HBMC 8.40.090). G:PC\NOA\22\052422 GPA 20-003_ZTA 20-003_TTM 19118_CUP 20~025_EA 20-003 (Holly Triangle)_ Attachment 1.11 137 5. The structure cannot be occupied, the final building permit cannot be approved, and utilities cannot be released for the first residential unit until the following have been completed : a. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Community Development Department (AQMD Rule 1403). b. Compliance with all condit ions of approval specified herein shall be accomplished and verified by the Community Development Department. c. All building spoils , such as unusable lumber, wire, pipe, arid other surplus or unusable material , shall be disposed of at an off-site facility equipped to handle them. d. All Development Impact Fees shall be paid to the Community Development Department (City of Huntington Beach Community Development Department Fee Schedule). (HB ZS O Section 254.16). 6. Signage shall be reviewed under separate permits and applicable processing (HBZSO Chapter 233). 7. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all plaos and information submitted to the ·City for review and approval. 8. Tentative Tract No . 19118 , Conditional Use Permit No. Z0-025, and Design Review No. 21- 008 shall bec0me null and void unless exercised within two -(2) years of the date of final approval. An extension of time may be granted by the Community Development Director pursuant to a written request submitted to the Planning Division a minimum 60 days prior to the expiration date. (HB Z SO Section 251.14 and 251.16) 9. Tentative Tract Map No . 19118 and Conditional Use Permit No. 20-025 shall not -become effective until General Plan Amendment No. 20-003 and Zoning_ Text Amendment No. 20-003 are approved by City Council and in effect. 10. The development services departments (Community Development Department, Fire Department , and Public Works) shall be responsible for ensuring compliance with all applicable code requirements and conditions of approval. The Director of Community Development may approve minor amendments to plans and/or conditions of approval as appropriate based on changed circumstances , new information or other relevant factors . Any proposed plan/project revisions shall be called out on the _plan sets submitted for building permits . Permits shall not be issued until the Development Services Departments have reviewed and approved the proposed changes for conformance with the intent of the Planning Commission 's action. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the provisions of HBZSO Section 241.18 . INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend , indemnify G :PC\NOA\22\052422 GPA 20-003_ZTA 20 -003_ TTM 1911 S_CUP 20-025_EA 20-003 (Holly Triangle)_ Attachment 1.12 138 and hold harmless the City of Huntington Beach-and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. G :PC\NOA\22\052422 GPA 20-003_ZTA 20-003_ TIM 1911 B_CUP 20-025_EA 20-003 (Holly Triangle)_ Attachment 1.13 139 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND BONANNIDEVELOPMENTCOMPANYIV,LLC FOR TRACT NO. 19118 THIS AGREEMENT ("Agreement") is entered into this ______ d.ay of ___________ 2. ___ , by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and BONANNI DEVELOPMENT COMPANY IV, LLC, a California LIMITED LIABILITY COMPANY, hereinafter referred to as "SUBDIVIDER." RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is seeking to subdivide into lots and to dedicate certain streets, alleys, and other improvements therein to public use, and is about to file with CITY a map of the tract ofland known as Tract No. 19118; and As a condition of the approval of and prior to the recordation of this subdivision map, SUBDIVIDER is required to improve and dedicate the streets and alleys, and to perform certain other improvements in the subdivision; and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain portions of the work; to agree to perform this work as herein provided; and to execute and deliver to CITY bonds for the faithful performance of this agreement, for the payment of all labor and material in connection therewith, and for the guarantee and warranty of the work for a period of one (1) year following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, as required by Sections 66499 and g/agree/ surfnet/subdivision 1 of 13 141 66499.3 of the California Government Code, and Chapter 255 of CITY'S Zoning and Subdivision Ordinance. NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows: 1. GENERAL IMPROVEMENTS SUBDIVIDER hereby agrees to do and perform and pay for all of the work in said tract required by the conditions of approval of the subdivision map not completed at the time of the recordation thereof, including, but not limited to, the construction of: streets, including excavation, paving, curbs, gutters, sidewalks, trees and landscaping; sewers, including construction of main lines and lot laterals and structures; street lights; street signs; and domestic water systems, including the construction of water mains, services and installation of meters. SUBDIVIDER also agrees to pay all engineering costs and any other deposits, fees or conditions as required by CITY ordinance or resolution and as may be required by the City Engineer. All of the work shall be done and performed in accordance with the plans, specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer. All of the work shall be done at the sole cost and expense of SUBDIVIDER. All of the work shall be completed on or before two (2) years from the date hereof, unless the conditions of approval of the subdivision map require an earlier completion date. All labor and material bills therefor shall be paid solely by SUBDIVIDER. CITY may withhold all occupancy permits until completion of all these improvements. g/agree/ surfnet/subdivision 2 of 13 142 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by the conditions of approval of the subdivision map, prior to release or connection of utilities for occupancy for any lot in the tract. 3. GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligations as stated herein for a period of one ( 1) year following the date of City Council acceptance of same. 4. PLANT-ESTABLISHMENT WORK SUBDIVIDER agrees to perform plant-establishment work for landscaping installed under this Agreement. This plant-establishment work shall consist of adequately watering plants, replacing unsuitable plants, performing weed, rodent and other pest control and other work determined by CITY'S Public Works Department to be necessary to ensure establishment of plants. This plant-establishment work shall be performed for a period of one (1) year from and after the date City Council accepts the work as complete. 5. IMPROVEMENT PLAN WARRANTY SUBDIVIDER warrants the improvement plans for the work are adequate to accomplish the work as promised herein and as required by the conditions of approval of the subdivision map. If at any time before the City Council accepts the work as complete or during the one (1) year guarantee period, the improvement plans prove to be inadequate in any respect, SUBDIVIDER shall make whatever changes, at its own cost and expense, as are necessary to accomplish the work as promised. g/agree/ surfnet/subdivision 3 of 13 143 6. NO W AIYER BY CITY Inspection of the work and/or materials, or approval of work and/or materials, or any statement by any officer, agent or employee of CITY indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of the work and/or materials, or payments therefor, or any combination of all of these acts, shall not relieve SUBDIVIDER of its obligations to fulfill this Agreement as prescribed; nor shall CITY be stopped from bringing any action for damages arising from SUBDIVIDER'S failure to comply with any of the terms and conditions hereof. 7. COSTS SUBDIVIDER shall, at its own cost and expense, pay when due, all the costs of the work, including inspections thereof and relocation of existing utilities required thereby. 8. SURVEYS SUBDIVIDER shall set and establish survey monuments in accordance with the filed map and to the satisfaction of CITY before acceptance of any work as complete by the City Council. 9. IMPROVEMENT SECURITY Upon executing this Agreement, SUBDIVIDER shall, pursuant to California Government Code Section 66499, and the Huntington Beach Zoning and Subdivision Ordinance, provide as security to CITY: A. Faithful Performance: g/agree/ surfnet/subdivision For performance security, m the amount of NINE HUNDRED SEVENTY SEVEN THOUSAND TWO HUNDRED TWENTY NINE Dollars ($977,229), which is one hundred percent (100%) of the 4 of13 144 estimated cost of the work. SUBDIVIDER shall present such additional security in the form of: __ Cash, certified check, or cashier's check. K.__Acceptable corporate surety bond. __ Acceptable irrevocable letter of credit. With this security, SUBDIVIDER guarantees performance under this Agreement and maintenance of the work for one (I) year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Labor and Material: Security in the amount of FOUR HUNDRED EIGHTY EIGHT THOUSAND SIX HUNDRED FIFTEEN Dollars ($488,615), which is fifty percent (50%) of the estimated cost of the work. SUBDIVIDER shall present such security in the form of: __ Cash, certified check, or cashier's check. K.__Acceptable corporate surety bond. __ Acceptable irrevocable letter of credit. With this security, SUBDIVIDER guarantees payment to the contractor, to its subcontractors, and to persons renting equipment or furnishing labor or materials to them or to SUBDIVIDER. SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney; however, any bond or other security given in satisfaction of this condition shall remain in full g/agree/ surfnet/subdivision 5 of 13 145 force and effect until one (I) year after the work of improvement is finally accepted in writing by CITY, and SUBDIVIDER may be required by CITY to provide a substitute security at any time. 10. INDEMNIFICATION. DEFENSE. HOLD HARMLESS SUBDIVIDER 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) allegedly suffered, incurred or threatened, including personal injury, death, property damage, inverse condemnation, or any combination of these, and resulting from any act or omission (negligent or nonnegligent) in connection with the matters covered by this Agreement, but save and except those that arise from the sole active negligence or willful misconduct of CITY. SUBDIVIDER will conduct all defense at its sole cost and expense and CITY shall approve selection of SUBDIVIDER'S counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by SUBDIVIDER. The promise and agreement in this Section are not conditioned or dependent on whether or not CITY has prepared, supplied, or reviewed any plan( s) or specifications( s) in connection with this work or subdivision, or has insurance or other indemnification covering any of these matters. g/agree/ surfnet/subdivision 6 of 13 146 11. INSURANCE In addition to SUBDIVIDER'S covenant to defend, hold harmless and indemnify CITY, SUBDIVIDER shall obtain and furnish to CITY a policy of general public liability insurance, including motor vehicle coverage. Said policy shall indemnify SUBDIVIDER, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with this Agreement, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be less than One Million Dollars ($1,000,000). This policy shall name City of Huntington Beach, its officers, officials, employees, agents and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to this Agreement shall be deemed excess coverage and that SUBDIVIDER'S insurance shall be primary. The abovementioned insurance shall not contain a self-insured retention, or a "deductible" or any other similar form of limitation on the required coverage, except with the express written consent of CITY. Prior to commencing performance of the work hereunder, SUBDIVIDER 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: I. 2. g/agree/ surfnet/subdivision provide the name and policy number of each carrier and policy; state that the policy is currently in force; and 7 of 13 147 3. promise to provide that such policy will not be canceled or modified without thirty (30) days' prior written notice of CITY. SUBDIVIDER shall maintain the foregoing insurance coverage in full 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 SUBDIVIDER'S defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representatives shall at all times have the right to demand the original or a copy of the policy of insurance. SUBDIVIDER shall pay. in a prompt and timely manner, the premium on all insurance hereinabove required. 12. NONPERFORMANCE AND COSTS If SUBDIVIDER fails to complete the work within the time specified in this Agreement, and subsequent extensions, if any, or fails to maintain the work, CITY may proceed to complete and/or maintain the work by contract or otherwise, and SUBDIVIDER agrees to pay all costs and charges incurred by CITY (including, but not limited to: engineering, inspection, surveys, contract, overhead, etc.) immediately upon demand. SUBDIVIDER hereby consents to entry on the subdivision property by CITY and its forces, including contractors, in the event CITY proceeds to complete and/or maintain the work. Once action is taken by CITY to complete or maintain the work, SUBDIVIDER agrees to pay all costs incurred by CITY, even if SUBDIVIDER subsequently completes the work. g/agree/ surfnet/subdivision 8 of 13 148 13. RECORD MAP In consideration hereof, CITY shall allow SUBDIVIDER to file and record the Final Map or Parcel Map for the Subdivision. 14. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to SUBDIVIDER 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 SUBDIVIDER may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight courier or U.S. certified mail-return receipt requested: TO CITY: City of Huntington Beach ATTN: Director of Public Works 2000 Main Street Huntington Beach, CA 92648 15. CONSENT TO SUBDIVIDER: BONANNIDEVELOPMENT COMPANY IV, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY ATTN: BRET BONANNI 15132 BOLSA CHICA STREET HB, CA 92649 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. 16. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. g/agree/ surfnet/subdivision 9 of13 149 17. 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. 18. 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 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. g/agree/ surfnet/subdivision 10 of 13 150 19. 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. 20. IMMIGRATION SUBDIVIDER 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. 21. LEGAL SERVICES SUBCONTRACTING PROHIBITED SUBDIVIDER 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. SUBDIVIDER 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 SUBDIVIDER. 22. 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. g/agree/ surfnet/subdivision 11 of 13 151 23. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 24. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 25. 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. 26. 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. This Agreement contains the entire agreement between the parties respecting the subject matter of this Agreement and supersedes all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. g/agree/ surfnet/subdivision 12 of 13 152 FAITHFUL PERFORMANCE BOND BOND NO. 4470394 PREMIUM $17,658.00 WHEREAS, the City Council of the City of Huntington Beach, State of California, and Bonanni Development Company IV, LLC (hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete designated public improvements, which said agreement, dated ________ ~ 20 __ , and identified as projectTRACT NO. 19118 is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now, therefor, we, the principal and, __ _;S:.:u::.re=-T:ce:.:c:..l:::n:::su:cr..:ac:n.:.ce=-=C-=o:..cmo:p-=a:..cny,_ ___ ~ as surety, are held and firmly bound unto the City of Huntington Beach, hereinafter called "City", the penal sur'n of Nine Hundred Seventy-Seven Thousand Two Hundred Twenty-Nine dollars ($977,229.00 lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenant, condition and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless "Cify", its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees incurred by" City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. FAITHFULL PERFORMANCE BOND FM 156 The surety hereby stipulates and agrees that no charge , extension of lime , alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond , and it does hereby waive notice of any change, extension of lime , alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof, this instrument has been duly executed by the principal and surety above named , on ____ ....;D=-e=.cc::.:e:..:..mc:.:b:..:e:..:..r-=6..::.th.:.._ _______ , 20::.23=----- Bonanni Deve lopment Company IV, LL~ as Principal By~ ---, ,,~..,,vt ,·-1"'""'"'<,4[1- SureTec Insurance Company , as Surety sC[ ___ _ By Esteban Flores , Attorney-in-Fact FAITHFULL PERFORMANCE BOND FM. APPROVED AS ,-o ,=oRM ((¥' ~AEl.E,GATES l M\Cn NEY C\i'l AiiOciroN BEACI-I C \iY OF 1-\UNilN 157 BOND NO. 4470394 PREMIUM Included in Performance Bond LABOR AND MATERIAL BOND WHEREAS, the City Council of the City of Huntington Beach, State of California, and Bonanni Development Company IV, LLC (hereinafter designated as "Principal") have entered into an agreement whereby principal agrees to install and complete designated public improvements, which said agreement, dated----~ 20 ___ , and identified as project __ T"RA"'-'::,Cc,T..:N.:.O::c.. _,.1 :,9.,_11.::Bc:._ __ ~ is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of Civil Code of the State of California. Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City of Huntington Beach and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of Four Hundred Eighty-Eight Thousand Six Hundred Fifteen dollars ($,_4.:;8"8"-,6"1"5"".-"0"0 __________ ~}, for materials furnished for labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by "City" in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. I G.\Engineering Division\DEVELOPMENTI.Fo!llls\Bond Forms\Labor & Material Bond Word -City Atty rcvd 0l-15-08.doc 161 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-119 MEETING DATE:2/20/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Ashley Wysocki, Director of Community & Library Services PREPARED BY:Carrie Gonzales, Management Aide Subject: Approve and execute a 5-year Joint Use Agreement between the City of Huntington Beach and the Westminster School District for Clegg-Stacey Park on 6161 Larchwood Drive Statement of Issue: The Joint Use Agreement for Clegg-Stacey Park between the City of Huntington Beach (City) and Westminster School District (District) expired on October 15, 2023. A contract renewal is necessary to continue use of Clegg-Stacey Park for public park purposes. Financial Impact: Not applicable. Recommended Action: Authorize the Mayor and City Clerk to execute and approve a Joint Use Agreement between the City of Huntington Beach and the Westminster School District for use of Clegg-Stacey Park. Alternative Action(s): Do not approve the Joint Use Agreement, and direct staff accordingly. Analysis: Clegg-Stacey Park on 6161 Larchwood Drive is owned by the District, however, has been developed and is maintained by the City to allow its public use under a Joint Use Agreement. Park construction began in 1971 and concluded with its dedication as a public park on April 8, 1972. Since then, the City has operated and maintained the park for public use under prior agreements with the District; the City has also made certain improvements such as replacing a play unit that was beyond repair. The latest Agreement expired on October 15, 2023, and staff has worked closely with the District on a new, proposed five-year Joint Use Agreement that will continue the public use of Clegg-Stacey Park while maintaining the general conditions of past agreements and addressing certain park improvements. City of Huntington Beach Printed on 2/14/2024Page 1 of 2 powered by Legistar™170 File #:24-119 MEETING DATE:2/20/2024 The terms of this new proposed Joint Use Agreement include the following: a. District shall make available to City school facilities as identified in Exhibit A for use as a public park and community recreational activities and shall have the right to use the Facilities during school hours from 8:00 a.m. to 3:15 p.m., Monday through Friday; District shall be consulted and advised regarding all community recreational activities conducted by the City at the Facilities. b. City's use of District's Facilities shall be in accordance with District policies and procedures; City shall have the right to use the Facilities for public park purposes when not in use by the District and the non-exclusive use of any existing parking spaces located at the school site at all times other than normal school hours; custodial and maintenance services shall be provided by CITY and paid for by the CITY. c.City and District agree that within thirty (30) days from the date of execution of this Agreement, City and District shall establish a system to provide for the coordination and scheduling of the use of the Facilities. The District will be given first priority in the use of the Facilities and shall be established by mutual written agreement of the City's Director of Community & Library Services and the District superintendent or designated representative. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Joint Use Agreement between the City of Huntington Beach and Westminster School District. 2. Westminster School District PowerPoint. City of Huntington Beach Printed on 2/14/2024Page 2 of 2 powered by Legistar™171 JOINT USE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE WESTMINSTER SCHOOL DISTRICT THIS AGREEMENT is made and entered into this __ day of ______ 2023, by and among the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY", and the WESTMINSTER SCHOOL DISTRICT, a public school District duly organized and operated under the laws of the State of California, hereinafter referred to as "DISTRICT," both of whom shall be collectively referred to as the "PARTIES." RECITALS WHEREAS, Chapter 10, Part 7 of Division I of Title I of the Education Code of the State of California, commencing with Section 10900 et seq. authorizes the CITY and the DISTRICT to contract with one another to establish, construct, improve, operate, and maintain community recreational facilities and programs; WHEREAS, in 1970, the CITY and the DISTRICT entered into a Joint Development and Community Development Agreement to develop and use a p01iion of Clegg-Stacey School for public park purposes; WHEREAS, the CITY and the DISTRICT desire to promote and preserve the health and general welfare of the people of the CITY, and to cultivate the development of good citizenship by providing for a public park and adequate program of community recreation and to conduct such a program of community recreation as will contribute to the attainment of general education and recreational objectives for the children and adults of said CITY; WHEREAS, since 1985, the CITY and the DISTRICT have provided such a public park and program of community recreation by DISTRICT making available to the CITY ce1iain of its school facilities; WHEREAS, the CITY and the DISTRICT entered into an agreement dated November 7, 1985 to set forth the terms and conditions of their understanding for the public park and community recreation program which was terminated by the CITY on August 26, 2013; WHEREAS, the CITY and the DISTRICT then entered into a joint use agreement dated June 2, 2014 which established the cooperative use of two DISTRICT sites, identified as the Clegg- Stacey Site and the Franklin Site (the "First Joint Use Agreement"); WHEREAS, on July 9, 2018, the DISTRICT unilaterally terminated the First Joint Use Agreement by issuing written notification which terminated the Agreement on September 7, 2018 1 23-134 I 0/318392 Joint Use Agreement WSD/City of HB 172 pursuant to Section 2 of the First Joint Use Agreement which allows either Party to terminate the Joint Use Agreement at any time upon sixty (60) day written notice; WHEREAS, the CITY and the DISTRICT entered into an agreement dated October 15, 2018 for a term of five (5) years, which commenced on September 8, 2018, to continue the public park and community recreation program as set forth in the First Joint Use Agreement at the Clegg- Stacey Site (the "Second Joint Use Agreement"); WHEREAS, the term for the Second Joint Use Agreement expired as of September 8, 2023;and WHEREAS, the CITY and the DISTRICT now desire to enter into a new agreement for another term of five (5) years, commencing September 8, 2023, to continue the public park and community recreation program at the Clegg-Stacey Site as set forth in the First and Second Joint Use Agreements in order to continue to promote and preserve the health and general welfare of the people of the CITY as authorized by Education Code section 10900 et seq. NOW, THEREFORE, for and in consideration of the mutual covenants and promises of the Parties hereto, the Parties hereby covenant and agree as follows: 1. JOINT USE OF FACILITIES a. DISTRICT shall make available to CITY certain of their school facilities (hereinafter referred to as "Facilities") for use as a public park and community recreational activities. The Facilities available for use by CITY are located at the Clegg-Stacey Site ("Site"), highlighted in Exhibit "A" attached hereto and incorporated herein by reference. The Facilities available for use by the CITY shall be selected by DISTRICT and may be changed by the DISTRICT depending on the educational programs of the DISTRICT. b. CITY's use of DISTRICT's Facilities shall be m accordance with DISTRICT policies and procedures. c. With advanced notice to CITY, DISTRICT shall have the right to use the Facilities during normal school hours. For the purposes of this Agreement, the term "nmmal school hours" shall be from 8:00 a.m. to 3:15 p.m., Monday through Friday, for each day that school is in session, including lunch hour. It is understood and agreed that the starting and ending times for school hours may change from school year to school year, and that for each school year, the actual starting and ending times will be those hours that school classes start and end as determined for each school year by the DISTRICT. 2 23-13410/318392 Joint Use Agreement WSD/City of HB 173 d. CITY shall have the right to use the Facilities for public park purposes when not in use by the DISTRICT and the non-exclusive use of any existing parking spaces located at the school site at all times other than normal school hours. e. CITY and DISTRICT agree to use the system established pursuant to Section 1.e. of the Second Joint Use Agreement to provide for the coordination and scheduling of the use of the Facilities. The DISTRICT will be given first priority in the use of the Facilities. Schedules for use of the Facilities for community recreational activities shall be established by mutual written agreement of the CITY's Director of Community & Library Services and the DISTRICT superintendent or designated representative. f. DISTRICT shall be consulted and advised regarding all community recreational activities conducted by the CITY at the Facilities. g. All fees and charges assessed for community recreational activities under this Agreement shall be used for furthering the recreational activities of the students and in performance of this Agreement. 2. TERM OF AGREEMENT/RENEWAL OPTION/OPTION TO TERMINATE The term of this Agreement shall be for five ( 5) years and shall commence on September 8, 2023 and shall continue in effect through September 7, 2028 unless terminated by CITY or DISTRICT, upon sixty (60) days prior written notice to the other party specifying the desired date of termination. The PARTIES may agree to extend this Agreement subject to terms and conditions agreeable to the PARTIES and set forth in a written amendment to this Agreement. If DISTRICT desires to exercise its right to terminate this Agreement, DISTRICT shall reimburse CITY for the improvements placed on the Site by CITY, including but not limited to the playground and accessory structures, benches, landscaping, walkways, and signage (the "Improvements") in an amount equal to the fair market value of said Improvements as of the date the cancellation is to be effective. In the event the PARTIES cannot agree upon the fair market value of the Improvements, such value will be determined by an independent appraiser appointed by and satisfactory to DISTRICT and CITY. The expense or such appraisal shall be borne equally by both PARTIES. In the event the PARTIES shall not agree upon said appraiser, the presiding judge of the Superior Court for the State or California, County of Orange, shall appoint the appraiser. In the event CITY chooses to exercise its right to terminate this Agreement, all Improvements placed on the Site shall become the property of DISTRICT without the necessity 3 23-13410/318392 Joint Use Agreement WSD/City of HB 174 of formal documentation of transfer. Should DISTRICT not want such Improvements, CITY shall remove said Improvements within six (6) months or less, from date of notice, and return the Site to its original condition insofar as possible. Upon any cancellation of this Agreement, CITY shall remove all Improvements belonging to CITY. CITY's liability insurance shall be written to cover any cancellation period until Improvements are removed or title is received by DISTRICT. All Improvements constructed on the Site and all Improvements placed or installed thereon by CITY and owned by CITY shall remain the property of CITY. At the termination of this Agreement, CITY shall remove from the Site all Improvements belonging to CITY and shall return the Site to its original condition insofar as possible unless DISTRICT indicates its desire, within thirty (30) days after such termination, to assume title to such Improvements. In which case, title thereto shall vest in DISTRICT without the necessity of formal documentation of transfer. 3. PERSONNEL All CITY personnel employed to conduct community recreational activities shall be under the supervision of CITY and shall be employed and paid by CITY. CITY shall select and provide only qualified personnel to conduct community recreational activities and events which take place at the Facilities after school hours, on weekends, and during holiday and vacation periods. 4. MAINTENANCE OF FACILITIES a. Custodial and maintenance services for the Facilities utilized for a public park and community recreational activities shall be provided by CITY and paid for by the CITY. However, CITY may submit a written request for the DISTRICT to provide such services for a particular activity or event. DISTRICT and CITY shall mutually agree in writing to the costs of providing custodial and maintenance service requested by City for the activity or event. b. CITY shall provide and pay for all expendable materials and supplies necessary for conducting community recreational activities for all ages. Custodial and maintenance equipment (the "Equipment") may be provided by DISTRICT for community recreational use, and Equipment provided by CITY for community recreational use and suitable for school use may be provided by CITY for school use. c. CITY shall not be responsible to repair or replace any of the Facilities if they are partially or totally damaged or destroyed by an act of God, including, but not limited to, occurrences such as earthquake, flood, fire or sto1m. In the event of such occurrence, the PARTIES will consider what action, if any, shall be taken to restore the affected Facilities. 4 23-13410/318392 Joint Use Agreement WSD/City of HB 175 d. The PARTIES shall be responsible to take appropriate action to abate any dangerous conditions during its usage of any of the Facilities. e. Any maintenance procedure by DISTRICT which shall require the temporary closure of any Facility for more than twenty-four (24) hours shall occur at times mutually agreed upon in writing between the PARTIES. f. District shall provide for and install all utilities necessary for the proper functioning of the Facilities. CITY shall pay all costs for the operation, repair and maintenance of the utilities in proportion to its usage of the Facilities during the term of this Agreement and any extensions thereof. 5. CONTRACT ADMINISTRATOR The CITY Contract Administrator for this Agreement shall be the CITY's Director of Community & Library Services. 6. INDEMNIFICATION/INSURANCE a. Indemnification by CITY. Neither DISTRICT nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any activities described in this Agreement. Pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and hold DISTRICT haimless from any liability imposed for injury (as defined by Government Code Section 810.8), occurring by reason of anything done or omitted to be done by City under or in connection with any activities described in this Agreement. Neither DISTRICT nor any officer or employee of District shall be responsible for any personal injury or property damage or liability occurring by reason of any negligent acts or negligent omissions on the part of the CITY, its officers, employees or agents in connection with this Agreement. CITY shall fully indemnify, defend and hold DISTRICT harmless from and against any liability imposed as a result of any injury whatsoever occurring by reason of any negligent acts or negligent omission on the part of the CITY, its officers, employees or agents in connection with this Agreement. b. Indemnification by DISTRICT. Neither CITY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by DISTRICT under or in connection with any activities described in this Agreement. Pursuant to Government Code Section 895.4 DISTRICT shall fully defend, indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government Code Section 810.8), occurring by reason of anything done or omitted to be done by DISTRICT under 5 23-13410/318392 Joint Use Agreement WSD/City of HB 176 or in connection with any activities described in this Agreement. Neither CITY nor any officer or employee of CITY shall be responsible for any personal injury or property damage or liability occurring by reason of any negligent acts or negligent omissions on the part of DISTRICT, its officers, employees or agents in connection with this Agreement. DISTRICT shall fully indemnify, defend and hold the CITY harmless from and against any liability imposed as a result of any injury whatsoever occurring by reason of any negligent acts or negligent omissions on the part of the DISTRICT, its officers, employees or agents in connection with this Agreement. c. DISTRICT's Insurance Obligations. DISTRICT shall furnish properly executed certificates of insurance to CITY within thirty (30) days of CITY's written request for such certificates, which certificates shall clearly evidence all coverages required by CITY and provide that such insurance shall not be materially changed, terminated or allowed to expire except on thirty (30) days prior written notice to CITY. Such insurance shall name CITY, its officers, and employees as additional insured. d. CITY's Insurance Obligations. CITY shall furnish properly executed certificates of insurance to DISTRICT within thirty (30) days of DISTRICT's written request for such certificates, which certificates shall clearly evidence all coverages required by DISTRICT and provide that such insurance shall not be materially changed, terminated or allowed to expire except on thirty (30) days prior written notice to DISTRICT. Such insurance shall name DISTRICT, its officers, and employees as additional insured. 7. GENERAL PROVISIONS a. Notice. Every notice, demand, request, designation, consent, approval or other document or instrument delivered pursuant to this Agreement shall be in writing and shall be either personally delivered, sent by Federal Express or other reputable overnight courier, sent by facsimile transmission with the original subsequently delivered by other means within three (3) working days of the facsimile transmission, or sent by registered or certified United States Mail (postage prepaid, return receipt requested), to the addresses set forth below or to such other addresses as the PARTIES may designate from time to time: 6 23-13410/318392 Joint Use Agreement WSD/City of HB 177 If to District: Westminster School District 14121 Cedarwood A venue Westminster, California 92683 Ifto City: Attn: Assistant Superintendent, Business Services City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 Attn: Director, Community & Library Services Written notice served by registered or certified mail shall be deemed delivered three (3) days after the date mailed. Other notices shall be effective upon delivery. b. Covenants and Conditions. Each term and each provision of this Agreement performable by either party shall be deemed both a covenant and a condition. c. Partial Invalidity. If any term or provision of this Agreement or any extension or application thereof to any party or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement or any extension or application shall be valid and enforced to the fullest extent pe1mitted by law. d. Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. CITY's consent or approval of any action by the DISTRICT requiring CITY's consent or approval shall not be deemed to waive or render unnecessary CITY's consent to or approval of any subsequent act of DISTRICT. DISTRICT's consent or approval of any action by the CITY requiring DISTRICT's consent or approval shall not be deemed to waive or render unnecessary DISTRICT's consent to or approval of any subsequent act of CITY. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. e. No Assignment. This Agreement and the duties and responsibilities of the PARTIES shall not be assigned by the PARTIES. f. Entire Agreement. This Agreement represents the entire understanding of the PARTIES as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered by this Agreement. This Agreement may not be modified, altered or amended except in writing by the PARTIES. g. Headings. Headings at the beginning of each numbered article and section of this Agreement are solely for the convenience of the PARTIES and are not part of this 7 23-13410/318392 Joint Use Agreement WSD/City of HB 178 Agreement. As they are intended for reference only, no legal significance of any kind shall be attached to such headings. h. Governing Law. This Agreement shall be governed by the laws of the State of California and construed as if drafted by both CITY and DISTRICT. IN WITNESS WHEREOF, the PARTIES hereto have caused this Agreement to be executed by and through their authorized officers on the day, month and year first above written. WESTMINSTER SCHOOL DISTRICT CITY OF HUNTINGTON BEACH By_/p,'----><-~+-----''. '=-+-~-,-,........,,1 ~-t-t-1/ L_l /7~L! S1g~e By ____________ _ Mayor Manuel Cardoso ATTEST: Print Name Assistant Superintendent, Business Services By _____________ _ Title 8 23-13410/318392 City Clerk APPROVED AS TO FORM: By ___________ ~f City Attorney APPROVED AS TO CONTENT By ____________ _ City Manager INITIATED AND APPROVED By _____________ _ Director of Community & Library Services Joint Use Agreement WSD/City of HB 179 Joint Use Agreement with Westminster School District February 20, 2024 184 History Since 1985, the City of Huntington Beach has had a Joint Use Agreement (Agreement) between the CITY and various elementary school districts within the City, including Westminster School District (DISTRICT). The current Joint Use Agreement with the DISTRICT for Clegg/ Stacey Park has expired on October 15, 2023. This park was developed and is maintained by the CITY, however it is located on DISTRICT property. 185 Responsibilities • DISTRICT shall make available to CITY certain of their school facilities (Facilities) for use as a public park and community recreational activities. The Facilities available for use by the CITY shall be selected by DISTRICT and may be changed by the DISTRICT depending on the educational programs of the DISTRICT. • CITY's use of DISTRICT's Facilities shall be in accordance with DISTRICT policies and procedures. 186 Responsibilities • With advanced notice to CITY, DISTRICT shall have the right to use the Facilities during normal school hours. For the purposes of this Agreement, the term "normal school hours" shall be from 8:00 a.m. to 3:15 p.m., Monday through Friday, for each day that school is in session, including lunch hour. It is understood and agreed that the starting and ending times for school hours may change from school year to school year, and that for each school year, the actual starting and ending times will be those hours that school classes start and end as determined for each school year by the DISTRICT. 187 Responsibilities • CITY shall have the right to use the Facilities for public park purposes when not in use by the DISTRICT and the non-exclusive use of any existing parking spaces located at the school site at all times other than normal school hours. • DISTRICT shall be consulted and advised regarding all community recreational activities conducted by the CITY at the Facilities. • All fees and charges assessed for community recreational activities under this Agreement shall be used for furthering the recreational activities of the students and in performance of this Agreement. 188 Agreement Term The term of this Agreement shall be for five (5) years and shall commence on September 8, 2023, and shall continue in effect through September 7, 2028, unless terminated by CITY or DISTRICT, upon sixty (60) days prior written notice to the other party specifying the desired date of termination. The PARTIES may agree to extend this Agreement subject to terms and conditions agreeable to the PARTIES and set forth in a written amendment to the Agreement. 189 Questions? 190 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-120 MEETING DATE:2/20/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Ashley Wysocki, Director of Community & Library Services PREPARED BY:Carrie Gonzales, Management Aide Subject: Approve and execute a 5-year Recreation Facility Use Agreement between the City of Huntington Beach and the Huntington Beach City School District for joint use of school recreation facilities Statement of Issue: An existing Recreation Facility Agreement between the City of Huntington Beach (City) and Huntington Beach City School District (District) for joint use of school recreation facilities is set to expire on June 2, 2024. A new agreement is proposed to continue this joint use arrangement over the next five years. Financial Impact: Not applicable. Recommended Action: Authorize the Mayor and City Clerk to execute and approve a Recreation Use Agreement between the City of Huntington Beach and Huntington Beach City School District for joint use of school recreation facilities. Alternative Action(s): Do not approve the Recreation Use Agreement and direct staff accordingly. Analysis: Since 1985, the City of Huntington Beach has had a Recreation Facility Use Agreement (Agreement) between the City and various elementary school districts within the City, including the Huntington Beach City School District (District). The current Recreation Facility Use Agreement with the District will expire June 2, 2024. A new Recreation Facility Use Agreement has been prepared for joint use of school recreation facilities with a term of five (5) years. City of Huntington Beach Printed on 2/14/2024Page 1 of 2 powered by Legistar™191 File #:24-120 MEETING DATE:2/20/2024 As referenced in Exhibit A of the agreement, a total of nine (9) school facilities are included: • Isaac L. Sower Middle School • John H. Eader Elementary School • Ralph E. Hawes Elementary School • Huntington Seacliff Elementary School • S.A. Moffet Elementary School • Joseph R. Perry Elementary School • John R. Peterson Elementary School • Agnes L. Smith Elementary School • Ethel R. Dwyer Middle School The responsibilities of this new proposed Agreement include the following: a.District may make available to City those certain school facilities listed in Exhibit “A” for community recreational activities; shall have first priority and exclusive use of all School Facilities for public school and educational program, activities, or recreational uses in conjunction with the operation of each school site during regular public-school hours each day, including summer school. b.City shall provide certain expendable material and supplies necessary for conduction community recreational programs for all ages; City agrees to pay a pro rata share of the expenses for all School Facilities utilized for community recreational programs. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Recreation Facility Use Agreement between the City of Huntington Beach and the Huntington Beach City School District for joint use of school recreation facilities. 2. Huntington Beach City School District PowerPoint. City of Huntington Beach Printed on 2/14/2024Page 2 of 2 powered by Legistar™192 RECREATION FACILITY USE AGREEMENT BETWEEN CITY OF HUNTINGTON BEACH AND HUNTINGTON BEACH CITY SCHOOL DISTRICT FOR JOINT USE OF SCHOOL RECREATION FACILITIES THIS AGREEMENT is made and entered into this 1st day of June, 2024 (the "Effective Date"), by and among the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY", and HUNTINGTON BEACH CITY SCHOOL DISTRICT, a political subdivision of the State of California, hereinafter collectively referred to as "DISTRICT." WHEREAS, the parties hereto desire to promote and preserve the health and general welfare of the people of the CITY and District, and to cultivate and develop good citizenship by providing for an adequate program of community recreation and to conduct such a program of community recreation as will contribute to the attainment of general education and recreational objectives for the children and adults of said CITY and DISTRICT; and WHEREAS, DISTRICT and CITY are authorized to jointly exercise any common powers pursuant to Title 1, Division 7, Chapter 5 of the Government Code of the State of California (Section 6500 et seq.) and under the Joint Use provisions of the Education Code Section 17527 et. seq.; and WHEREAS, the parties hereto desire to cooperate with each other to carry out the provisions of Chapter 10, Part 7 of Division 1 of Title 1 of the Education Code of the State of California (Section 10900 et seq.), and to that end enter into an agreement with each other to promote and preserve the health and general welfare of the people of said CITY and DISTRICT, NOW, THEREFORE, for and in consideration of the mutual covenants and promises of the parties hereto, the parties hereby covenant and agree as follows: 1. USE OF SCHOOL FACILITIES a. DISTRICT may make available to CITY those certain school facilities listed in Exhibit "A" for community recreational activities, subject to the terms and conditions set forth in this Agreement ( collectively, the "School Facilities"). The School Facilities so utilized as needed shall be selected by CITY out of those facilities made available to CITY by DISTRICT. DISTRICT shall provide CITY with a minimum of thiliy (30) days advance notice of any changes to the list of available School Facilities. Upon the effective date of any such change(s), the existing Exhibit "A" shall be replaced with an updated Exhibit "A". b. CITY use of School Facilities shall be in accordance with pe1iinent DISTRICT 1 23-13784/323656 193 policies in granting permits for non-school use of facilities, and the Civic Center Act commencing at Education Code Section 38130. c. DISTRICT shall have first priority and exclusive use of all School Facilities for public school and educational program, activities, or recreational uses in conjunction with the operation of each school site during regular public school hours each day, including summer school, and at such other times as the School Facilities may be needed for school purposes or are not being used by CITY. d. Schedules for use of said School Facilities for community recreational activities shall be established by mutual agreement of the Director of Community & Library Services of CITY and DISTRICT superintendent or designated representative. 2. FEES AND SCHEDULING OF SCHOOL FACILITIES IN GENERAL a. Consistent with Section l .c above, DISTRICT programs, events and required maintenance shall have first scheduling priority for the use of the School Facilities. Schedules for non-DISTRICT use of the School Facilities may be altered by mutual consent of the parties. The parties agree to use their best efforts so as to avoid scheduling disputes and conflicts. b. CITY shall select and provide certain qualified personnel to conduct recreational activities and events which take place after school hours, on weekends, and during holiday and vacation periods on the various selected DISTRICT School Facilities. c. CITY shall consult with and obtain DISTRICT's written consent, which shall not be umeasonably denied or delayed, prior to conducting any recreational activities on the School Facilities. 3. PERSONNEL All personnel employed to conduct community recreational activities shall be under the supervision of CITY and shall be employed by CITY. Expenses, including but not limited to, salaries, cost of supplies, and general maintenance shall be met by CITY out of its own resources. All personnel selected by CITY to provide services on the School Facilities shall be required to comply with the applicable requirements of Education Code section 45125.1 with respect to fingerprinting of employees and shall complete the Criminal Records Check Ce1iification form provided by DISTRICT. 4. MATERIALS AND MAINTENANCE OF FACILITIES a. CITY shall provide certain expendable material and supplies necessary for conducting community recreational programs for all ages. Equipment provided by the DISTRICT 2 23-13784/323656 194 as part of the school program and suitable for community recreational use, and equipment and supplies provided by CITY and suitable for school use, shall be mutually interchangeable for the common use of CITY and DISTRICT. b. CITY agrees to pay a pro rata share of the expenses for all School Facilities utilized for community recreational programs to: (i) maintain the School Facilities in good order, condition and repair; (ii) provide utility services used on the School Facilities; (iii) provide custodial service to keep the School Facilities, including applicable restrooms, in a neat, orderly and sanitary condition; (iv) mow the lawn, trim lawn edges, remove weeds, repair and replace broken sprinkler heads as needed, and otherwise maintain the School Facilities, for all periods when the School Facilities are being used by CITY for community recreation programs. c. If DISTRICT determines that the School Facilities, in whole or in part, must be closed due to work on adjacent property or for repair, renovation or maintenance, DISTRICT shall give CITY a minimum of ten (10) days advance notice prior to the closure, unless DISTRICT determines that an emergency condition exists which may threaten the health or safety of persons using the affected School Facilities. In such case, DISTRICT shall have the right to immediately close the affected School Facilities. In the case of an emergency of the type described above, DISTRICT agrees to make a good faith effort to give CITY notice of the closure within twenty- four (24) hours of learning of the emergency condition necessitating the closure of the affected School Facilities. Upon completion of the work on the adjacent property or the repair, renovation or maintenance of the affected School Facilities, DISTRICT shall give CITY notice that the affected School Facilities are available for use. d. CITY agrees to repair, replace or pay for any damage done to the School Facilities while under CITY control that is the direct result of the use by CITY for its community recreational programs. CITY shall give written notice to DISTRICT of any such damage within three (3) working days of the discovery of the damage. 5. CONTRACT ADMINISTRATOR The CITY Contract Administrator for this Agreement shall be the Director of Community & Library Services of CITY. The DISTRICT Contract Administrator for this Agreement shall be the District Superintendent. 6. TERM AND OPTION TO TERMINATE The term of the Agreement shall be for five (5) years and commence on June 1, 2024, the Effective Date, and shall continue in effect through June 30, 2029, unless terminated by 3 23-13784/323656 195 CITY or DISTRICT, upon sixty (60) days prior written notice to the other party specifying the desired date of termination. Upon the Effective Date of this Agreement, all prior agreements between the paiiies regarding the use of the School Facilities for community recreational programs shall be terminated without further action or liability by either party. The parties may agree to extend this Agreement, subject to terms and conditions agreeable to the parties and set fmih in a written amendment to this Agreement. 7. INDEMNIFICATION, DEFENSE, HOLD HARMLESS a. Neither DISTRICT nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any activities described in this Agreement. Pursuant to Government Code Section 895 .4, CITY shall fully defend, indemnify and hold DISTRICT harmless from any liability imposed for injury (as defined by Government Code Section 810.8), occurring by reason of anything done or omitted to be done by CITY under or in connection with any activities described in this Agreement. b. Neither CITY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by the DISTRICT under or in connection with any activities described in this Agreement. Pursuant to Government Code Section 895.4 the DISTRICT shall fully defend, indemnify and hold CITY harmless from the liability imposed for injury ( as defined by Government Code Section 810. 8), occurring by reason of anything done or omitted to be done by the DISTRICT under or in connection with any activities described in the Agreement. 8. INSURANCE a. CITY agrees to either self-insure for at least the minimum liability coverage set forth below or maintain comprehensive general liability insurance either through an insurance carrier licensed to do business in the State of California or a joint powers insurance authority with the amount of said insurance required to be at least Two Million Dollars ($2,000,000) per occurrence and Five Million Dollars ($5,000,000) aggregate. CITY agrees to name DISTRICT as an additional insured on the applicable insurance policies and to provide thirty (30) days prior written notice to DISTRICT if it proposes to change, or modify the aforementioned insurance coverage which will result in a decrease in the scope or the amount of such coverage. 4 23-13784/323656 196 b. CITY shall ensure that all persons or organizations desiring to use the School Facilities, as paii of their community recreational programs, shall have in effect at the time of such use, the above-referenced general liability insurance coverage. 9. AMENDMENTS This Agreement may be amended from time to time by mutual agreement in writing of the parties hereto. 10. NON-DISCRIMINATION CITY covenants by and for itself, its administrators and assigns, and all persons claiming under or through it, that this Agreement is made subject to the following condition: There shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, ethnicity, national origin, ancestry, religion, gender, sexual orientation, age, disability, or material status, in the use, occupancy or enjoyment of the School Facilities subject to this Agreement. 11. COUNTERPARTS This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one in the same Agreement. 12. NOTICES Any notices pursuant to this Agreement shall be deemed delivered, if in writing, deposited in the United States Postal Service with postage prepaid and addressed to each party as follows: CITY: Attn: Director, Community & Library Services 2000 Main Street Huntington Beach, CA 92648 23-13784/323656 5 DISTRICT: Attn: Superintendent 8750 Dorsett Drive Huntington Beach, CA 92646 197 IN WITNESS WHEREOF, the pa1iies hereto have caused this Agreement to be executed by and through their authorized officers on the day, month and year first above written. APPROVED AS TO CONTENT: By _________ _ City Manager HUNTINGTON BEACH CITY SCHOOL DISTRICT By ::CJ~ Superintendent 23-13784/323656 6 CITY OF HUNTINGTON BEACH By __________ _ Mayor ATTEST: By __________ _ City Clerk APPROVED AS TO FORM: By ____________ _ City Attorney t-iP INITIATED AND APPROVED: By ____________ _ Director, Cmmmmity & Library Services 198 EXHIBIT "A" LIST OF SCHOOL FACILITIES Huntington Beach City School District Schools • Isaac L. Sowers Middle School 9300 Indianapolis Avenue Huntington Beach, CA 92646 • John H. Eader Elementary School 9291 Banning Avenue Huntington Beach, CA 92646 • Ralph E. Hawes Elementary School 9682 Yellowstone Drive Huntington Beach, CA 92646 • Huntington Seacliff Elementary School 6701 Garfield Avenue Huntington Beach, CA 92648 • S.A. Moffett Elementary School 8800 Burlcrest Drive Huntington Beach, CA 92646 • Joseph R. Perry Elementary School 19231 Haring Lane Huntington Beach, CA 92646 • John R. Peterson Elementary School 20661 Farnsworth Lane Huntington Beach, CA 92646 • Agnes L. Smith Elementary School 77 0 17 th Street Huntington Beach, CA 92648 • Ethel R. Dwyer Middle School 1502 Palm Avenue Huntington Beach, CA 92648 23-13784/323656 7 200 CERTIFICATE NO. ISSUE DATE GL2-2026 Al I CERTIFICATE OF COVERAGE I 07/03/2023 Public Risk Innovation, 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 BELOW. THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITUTE A Solutions, and Management CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, ANO THE CERTIFICATE HOLDER. C/O ALLIANT INSURANCE SERVICES, INC. 18100 VON KARMAN AVENUE, 10TH FLOOR IMPORTANT: If lhe certificate holder is an ADDITIONAL INSURED and/or requesting a WAIVER OF SUBROGATION, the IRVINE, CA 92612 Memorandums of Coverage must be endorsed. A statement on this certificate does not confer rtghls lo the certificate holder in lieu of such endorsemenl(s). PHONE (949) 756-0271 / FAX (619) 699-0901 COVERAGE LICENSE #OC36861 AFFORDED BY: A-Public Risk Innovation, Solutions, and Management Member: COVERAGE B CITY OF HUNTINGTON BEACH AFFORDED BY: ATTN: DEANNA SORIA 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 COVERAGE AFFORDED BY: C COVERAGE AFFORDED BY: D Coverages THIS IS TO CERTIFY THAT THE MEMORANDUMS OF COVERAGE LISTED BELOW HAVE BEEN ISSUED TO THE MEMBER NAMED ABOVE FOR THE 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 COVERAGE AFFORDED BY THE MEMORANDUMS DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH MEMORANDUMS. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co TYPE OF COVERAGE MEMORANDUM/ COVERAGE EFFECTIVE COVERAGE EXPIRATION LIABILITY LIMITS LTR POLICY# DATE DATE A ~ Excess General Liability PRISM PE 23-GL2-25 07/01/2023 07/01/2024 Difference between $2,000,000 and Member's Self-Insured Retention of $1,000,000 and/or applicable additional member and pooled layers of coverage Completed Operations Aggregate Applies Program Aggregate Applies Description of Operations/LocationsNehicles/Special Items: AS RESPECTS AGREEMENT BETWEEN CITY OF HUNTINGTON BEACH AND HUNTINGTON BEACH CITY SCHOOL DISTRICT FOR USE OF FACILITIES THROUGHOUT THE POLICY TERM. HUNTINGTON BEACH CITY SCHOOL DISTRICT, ITS BOARD, OFFICERS, AGENTS, VOLUNTEERS AND EMPLOYEES ARE INCLUDED AS ADDITIONAL COVERED PARTIES, BUT ONLY INSOFAR AS THE OPERATIONS UNDER THIS CONTRACT ARE CONCERNED. COVERAGE FOR SEXUAL MISCONDUCT IS INCLUDED IN THE EXCESS GENERAL LIABILITY LIMITS SUBJECT TO TERMS, CONDITIONS AND EXCLUSIONS OF THE MEMORANDUM OF COVERAGE. Certificate Holder Cancellation SHOULD ANY OF THE ABOVE DESCRIBED MEMORANDUMS OF COVERAGES BE CANCELLED HUNTINGTON BEACH CITY SCHOOL DISTRICT BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE MEMORANDUMS OF COVERAGE PROVISIONS. 8750 DORSETT DRIVE HUNTINGTON BEACH, CA 92646 !AUTHORIZED REPRESENTATIVE ~► Public Risk Innovation. Solutions, and Management PAGE 1 OF 2 201 Recreation Facility Use Agreement with Huntington Beach City School District February 20, 2024 203 History Since 1985, the City of Huntington Beach has had a joint use agreement (Agreement) between the CITY and various elementary school districts within the City, including the Huntington Beach City School District (DISTRICT). The current Agreement is set to expire on June 2, 2024. 204 Responsibilities DISTRICT may make available to CITY those certain school facilities for community recreational activities, subject to the terms and conditions set forth in this Agreement (collectively, the “School Facilities”). The School Facilities so utilized as needed shall be selected by CITY out of those facilities made available to CITY by DISTRICT. DISTRICT shall provide CITY with a minimum of thirty (30) days advance notice of any changes to the list of available School Facilities. 205 Responsibilities CITY use of School Facilities shall be in accordance with pertinent DISTRICT policies in granting permits for non- school use of facilities, and the Civic Center Act commencing at Education Code Section 38130 . DISTRICT shall have first priority and exclusive use of all School Facilities for public school and educational program, activities, or recreational uses in conjunction with the operation of each school site during regular public- school hours each day, including summer school, and at such other times as the School Facilities may be needed for school purposes or are not being used by CITY. 206 Responsibilities Schedules for use of said School Facilities for community recreational activities shall be established by mutual agreement of the Director of Community & Library Services of CITY and DISTRICT superintendent or designated representative. 207 Agreement Term The term of the agreement shall be five (5) years from the effective date of this agreement, subject to earlier termination, if needed. The lease includes one (1) option to extend the term for a period of five (5) years upon mutual, written consent of both parties. The new agreement reflects the necessary changes to the joint use of facilities and memorializes the desire for the City of Huntington Beach and the DISTRICT to work together collaboratively. 208 Questions? 209 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-137 MEETING DATE:2/20/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager PREPARED BY:Ashley Wysocki, Director of Community & Library Services Subject: Approve the formal naming of parkland located at 17281 Eucalyptus Lane as “Vella Park ,” as recommended by the Community & Library Services Commission Statement of Issue: Parkland located at 17281 Eucalyptus Lane has not yet been formally named . The Community and Library Services Commission recently made a recommendation to name it “Vella Park” in honor of fallen Police Officer, Nicholas Vella. Financial Impact: Not applicable. Recommended Action: Approve the naming of parkland located at 17281 Eucalyptus Lane, “Vella Park,” in honor of fallen Police Officer Nicholas Vella, as recommended by the Community & Library Services Commission. Alternative Action(s): Do not approved the recommended action, and direct staff accordingly. Analysis: The parkland at 17281 Eucalyptus Lane is a 1.7-acre neighborhood park built in 2018 by Shea Homes in conjunction with the development of the Parkside Estates Community. In 2019, the park was dedicated to the City, consisting of a playground, walking paths, passive areas, picnic shelter with tables, bench seating, public art, and a restroom building. The park landscaping and restrooms are maintained by the Homeowners Association (HOA), while the hardscape, playground, picnic shelter and other equipment is maintained by the City. Up until now, this park has not been formally named and has been informally listed as “Parkside Estates Park” on the City’s website. On September 13, 2023, the Community & Library Services Commission approved the activation of the Park Naming and Memorials Committee (PNMC). As part of that action, Vice Chair Lolly McHardy and Commissioners Lisa-Lane Barnes and Laura Costelloe were appointed to serve. City of Huntington Beach Printed on 2/14/2024Page 1 of 3 powered by Legistar™210 File #:24-137 MEETING DATE:2/20/2024 In December 2023, the public was notified of the naming opportunity through a posting in the “HB Wave” newspaper. Additionally, 2,031 letters were delivered to all homes within a 1,500-foot radius of the park. Per Resolution 2017-25, the naming of parks and park amenities is vetted through the Community & Library Services Commission. On January 9, 2024, the PNMC held a public meeting to deliberate on the topic. Three public comments were received, including naming suggestions for Mr. Frank Ciarelli, honoring the history of the Tongva Native American Tribe who once inhabited the area, and fallen Officer Nicholas Vella. The PNMC voted to unanimously recommend the park be named after Officer Vella. On February 7, 2024, the Community & Library Services Commission deliberated and also unanimously approved the recommendation to formally name the parkland “Vella Park.” Nicholas (Nick) Vella was born in Whittier, CA on March 11, 1977 to his parents John and Marcella Vella. He lived in Mexico City with his family during his early high school years and eventually graduated from St. Margaret’s High School in San Juan Capistrano with the class of 1995. While at St. Margaret’s, Nick was a dedicated Tartan who played basketball and football and sang in the Highlander Chorale. Nick began serving the public by working as a lifeguard at the Laguna Niguel city pool. In 2002, he was hired by the City of Laguna Beach as a seasonal beach patrol officer, which eventually led Nick to a career in law enforcement when on December 8, 2003, Nick became an officer for the Laguna Beach Police Department. He worked in Laguna Beach for nearly five years, when his ultimate goal to fly helicopters led him to the City of Huntington Beach. Nick was hired as an officer for the Huntington Beach Police Department (HBPD) on April 15, 2008, and a few months later was married to his wife, Kristi. While at HBPD, Nick served as a Patrol Officer, a SWAT Officer, a SWAT Sniper, and for the last six years, was assigned to the Air Support Unit. Additionally, Nick represented the police department with the highest degree of professionalism in the community and participated in events such as Operation Surf, Baker to Vegas, Adaptive Freedom Foundation, the Huntington Beach Police Officers’ Foundation, and Wounded Warriors. On February 19, 2022, Officer Nicholas Vella was selflessly serving the City of Huntington Beach when he was taken from us far too early. Nick led a true hero’s life and was a civil servant until the very end. Nick is survived by his wife Kristi, daughter Dylan, father John, mother Marcella, brother John Arthur and countless extended family members, including his law enforcement family. 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: City of Huntington Beach Printed on 2/14/2024Page 2 of 3 powered by Legistar™211 File #:24-137 MEETING DATE:2/20/2024 Non Applicable - Administrative Item Attachment(s): 1. Resolution 2017-25 - Name of City Parks, Park Features and Community Facilities. 2. PowerPoint naming of the parkland located at 17281 Eucalyptus Lane. City of Huntington Beach Printed on 2/14/2024Page 3 of 3 powered by Legistar™212 RESOLUTION NO. 2017-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A POLICY FOR THE NAMING OF CITY PARKS, PARK FEATURES AND COMMUNITY FACILITIES AND REPEALING CONFLICTING RESOLUTIONS WHEREAS, it is desirable that appropriate names be chosen when naming City parks, park features and community facilities which in some instances recognizes donations of furniture and/or park play equipment and other amenities, and that a policy be adopted by the City Council to accomplish this purpose, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. That the policies contained in this Resolution shall be instituted for the naming of the City's parks, park features and community facilities, and in some cases will recognize donations of furniture and park/play equipment and other amenities. 2. That parks adjacent to schools be named the same as the school. 3. That if an entire park or sizable portion of a park which is not adjacent to a school is donated by an individual or family, it may be named after the donor. 4. That if the park is neither adjacent to a school nor donated, all or in part, it may be named after past Huntington Beach mayors who are no longer members of the City Council ("Former Mayors"). In addition, other individuals, including past council members, (or other names) may be proposed. The names of these persons may be considered when their unique contributions have had a City, state or national impact, are marked by excellence and are worthy of honor. 5. That in addition to parks, other community facilities such as lakes, park features of Huntington Central Park, structures (other than restrooms and benches), groves of trees, walkways, playing fields, group camp and picnic sites, gardens, play equipment areas, meadows, amphitheaters, vistas, bridges and wildlife refuges may be named after former mayors to honor them for their service to the City. In addition, other individuals, including past council members, may be proposed when their unique contributions have had a City, state or national impact, are marked by excellence and are worthy of honor. In addition, other individuals or other names may be proposed. 6. That if a park, park feature or other community facility is to be named based on a finding of historical significance, in addition to review by the Community Services Commission, the City of Huntington Beach Historic Resources Board will be consulted prior to a recommendation from the Community Services Commission to City Council. 17-5896/16 I 355/mv 213 Formal Naming of parkland located at 17281 Eucalyptus Lane as “Vella Park February 20, 2024 216 Resolution No. 2017-25 Naming of City Parks, Park Features and Community Facilities 217 Resolution No. 2017-25 1.That the policies contained in this Resolution shall be instituted for the naming of City’s parks, park features and community facilities, and in some cases will recognize donations of furniture and park/play equipment and other amenities. 2. Not Pertinent – Naming of parks adjacent to schools. 3. Not Pertinent – Named in honor of donor. 4. That if the park is neither adjacent to a school nor donated, all or in part, it may be named after past Huntington Beach mayors who are no longer members of the City Council (“Former Mayors”). In addition, other individuals, including past council members, (or other names) may be proposed. The names of these persons may be considered when their unique contributions have had a City, state or national impact, are marked by excellence and are worthy of honor. 218 Resolution No. 2017-25 5. That in addition to parks, other community facilities such as lakes, park features of Huntington Central Park, structures (other than restrooms and benches), groves of trees, walkways, playing fields, group camp and picnic sites, gardens, play equipment areas, meadows, amphitheaters, vistas, bridges and wildlife refuges may be names after former mayors to honor them for their service to the City. In addition, other individuals, including past council members may be proposed when their unique contributions have had a City, state or national impact, are marked by excellence and are worthy of honor. In addition, other individuals or other names may be proposed. 6. That if a park, park feature or other community facility is to be named based on a finding of historical significance, in addition to review by the Community Services Commission, the City of Huntington Beach Historic Resources Board will be consulted prior to a recommendation from the Community Services Commission to City Council. 219 Resolution No. 2017-25 7. Not pertinent – Donated amenities, such as park benches. 8. Not pertinent – Paid sponsorship naming criteria. 9. That only one park, park feature or community facility shall be named for an individual. 10.That all recommendations for park/pier memorial naming be processed through the Community Services Commission which shall make a recommendation to the City Council for final approval or denial. City Council retains all authority to name a park, park features and community facilities without returning to the Community Services Commission. 220 Park Location Located at 17281 Eucalyptus Lane, west of Graham Street, south of Warner Avenue, and bounded by the East Garden Grove Wintersburg Channel, the park is within the Parkside Estates Community, a Shea Homes development. Pick Up Shx Ju,ce I Up G') al =r Qj 3 V) ,.. 221 About the Parkland This 1.7-acre neighborhood park consists of a playground area, walking paths, passive areas, picnic tables, bench seating, a picnic shelter, public art, and a restroom building. 222 Background of the Parkland • 2018 – Shea Homes developed the Parkside Estates Community, which included a 1.7-acre park. • 2019 – The Park was dedicated to the City and opened to the public in the summer 2019. • The Park became the 78 th park in the City’s inventory. • The Park landscape is maintained by the HOA, while the hardscape, playground, picnic, and other equipment are maintained by the City. • 2023 – In December, the public was notified of the naming opportunity through the HB Wave newspaper and 2,031 letters were delivered within a 1,500 ft. radius of the Park. 223 Park Naming & Memorials Committee • The Commission reactivated the Park Naming & Memorials Committee (PNMC) at the September 13, 2023 meeting. • The PNMC met on January 9, 2024, to review naming recommendations received through supplemental communications and public speakers. These included Frank Ciarelli, a past City employee who was instrumental in several citywide programs, the Tongva Native American Tribe, who once inhabited the area, and fallen Officer Nicholas Vella. 224 Park Naming & Memorials Committee • On February 7, 2024, the Commission unanimously approved to recommend the park be formally named “Vella Park.” 225 Recommended Action Approve naming the parkland located at 17281 Eucalyptus Lane, “Vella Park,” in honor of fallen Officer Nicholas Vella. 226 Questions? 227 Monument Sign & Plaque Example 228 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-144 MEETING DATE:2/20/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Ashley Wysocki, Director of Community & Library Services PREPARED BY:Molly Uemura, Community & Library Services Manager Subject: Approve and execute a five-year Professional Services Contract between the City of Huntington Beach and PSQ Productions for production and management service of the annual Independence Day Celebration Statement of Issue: In order to facilitate the City’s annual Independence Day celebration, there is a need to approve a professional services contract between the City and PSQ Productions (Contractor), to manage and produce the 2024, 2025, 2026, 2027, and 2028 Independence Day Celebration events, which include the annual Surf City 5K Run, 4th of July Parade, and Fireworks over the ocean. Financial Impact: Sufficient appropriations are budgeted in the General Fund Fourth of July account 10045302 to cover payments due to PSQ Productions through the end of this fiscal year. Future fiscal years will be budgeted accordingly. Compensation through the five-year life of the contract is set at the following: • $150,000 in 2024. • $160,500 in 2025. • $171,735 in 2026. • $183,756 in 2027. • $196,619 in 2028. Recommended Action: Approve and authorize the Mayor and City Clerk to execute a Professional Services Contract between the City of Huntington Beach and PSQ Productions for production and management service of the annual Independence Day Celebration. Alternative Action(s): Do not approve the recommended action and direct staff accordingly. City of Huntington Beach Printed on 2/14/2024Page 1 of 3 powered by Legistar™229 File #:24-144 MEETING DATE:2/20/2024 Analysis: The previous contractor’s professional services contract expired September 30, 2023. Per Municipal Code 3.03, all professional services contracts over $30,000 must be competitively bid. Given the scope of services needed for the production and management of the Independence Day Celebration, as well as the direction from Independence Day Board council liaisons, a new Request for Proposal (RFP) was released for contracted services to manage and produce the City’s Celebration, including the annual Surf City 5K Run, 4th of July Parade, and Fireworks over the ocean. On September 7, 2023, the RFP was released. A total of three firms responded by the closing of the qualification process on Friday, October 20, 2023. A review panel was established to evaluate and score each submittal. The review panel, comprised of City staff representing three different City departments, thoroughly reviewed all three proposals based on objective evaluation criteria and established a weighted score for each qualified applicant. Based on the scores, all three firms were invited to present their proposals to the panel via in-person interview, with PSQ being the recommended contractor. Upon approval, the Professional Services Contract (Contract) will have a five-year term and will automatically terminate five (5) years after commencement on September 1, 2028. The Contract may be extended up to five (5) one-year terms upon mutual consent of both parties. The Contract establishes areas of responsibility of the City and PSQ Productions for the production and management service of the annual Independence Day Celebration. A summary of responsibilities for the Independence Day celebration is listed below. A more detailed listing is included in Exhibit B of the Contract (Attachment 1). PSQ Production Responsibilities: a) Planning and execution of the 4th of July Parade, Run, and Fireworks Show . b) Sponsorship procurement and sponsor recognition. c) Merchandise, overall event logistics. d) VIPs, entertainment, and public relations; music and entertainment procurement if applicable. e) Sub-contractor agreements, management, and payment. f) Volunteer development. g) Public/media relations. h) Implement all logistical plans. i) Provide general event production and management. j) Provide research and planning. k) Marketing services. l) Budget development, management, reconciliation, and regular reporting to the City . m) Collaborate with the Independence Day Board for community sponsorships and development of the event theme, logo, and selection of parade participants and grand marshals. City Responsibilities: a) Assign a staff coordinator to work directly with Contractor. b) Provide a contingency allowance of no more than $10,000 to cover variations that may occur in the expected values of elements of cost or schedule. City of Huntington Beach Printed on 2/14/2024Page 2 of 3 powered by Legistar™230 File #:24-144 MEETING DATE:2/20/2024 c) Assist with promotion and marketing of the event. With regard to other event costs, any additional event expenses will be covered through other revenue streams (i.e., parade entry fees, event ticket sales, entry fees, merchandise sales, and sponsorships), which will be coordinated and handled directly by the Contractor. Historically, the increased parking charge collected at the south beach attended lots and the Main Promenade Parking Structure over the three-day period raises between $120,000 and $135,000 (depending on the day of the week that July 4th falls on) and have been used to offset the Contractor’s fee. Within 30 days of the Event, Contractor and City will reconcile all revenues and expenses for the Event. If there is a net positive in the account, the funds will remain in the established Independence Day account to fund the Event in upcoming years. If expenses exceed revenues, the City may be responsible for reimbursing PSQ Productions pending a review by City and Contractor of the Event budget and all approved expenses and revenue opportunities. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Professional Services Contract between the City of Huntington Beach and PSQ Productions for production and management service of the Annual Independence Day Celebration. 2. PSQ Productions PowerPoint. City of Huntington Beach Printed on 2/14/2024Page 3 of 3 powered by Legistar™231 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND PSQ PRODUCTIONS. FOR PRODUCTION AND MANAGEMENT SERVICE OF THE ANNUAL INDEPENDENCE DAY CELEBRATION 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 PSQ Productions, LLC., a corporation, hereinafter referred to as "CONTRACTOR". WHEREAS, CITY desires to engage the services of a CONTRACTOR in producing the 2024, 2025, 2026, 2027, and 2028 Independence Day Celebration; 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 CONTRACTOR has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONTRACTOR as follows: 1. SCOPE OF SERVICES CONTRACTOR shall provide all services as described in Exhibit "A", which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONTRACTOR hereby designates Mark Entner, who shall represent it and be its sole contact and agent in all communications with CITY and CONTRACTOR during the performance of this Agreement. 1 232 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONTRACTOR in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONTRACTOR are to commence on ______ (the "Commencement Date"). This Agreement shall automatically terminate five (5) years after commencement on September I, 2028, unless extended or sooner terminated as provided herein. Upon mutual agreement by both Parties, the Agreement may be extended up to five (5) I-year terms. All tasks specified in Exhibit "A" shall be completed on or before July 4 of each year in 2024, 2025, 2026, 2027, and 2028. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A". This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONTRACTOR. In the event the Commencement Date precedes the Effective Date, CONTRACTOR shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONTRACTOR a fixed Fee in quarterly installments as specified in Exhibits "B", which is attached hereto and incorporated by reference into this Agreement. The Fee, including all costs and expenses, not to exceed ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000) in 2024; ONE HUNDRED SIXTY THOUSAND, FIVE HUNDRED DOLLARS ($160,500) in 2025; ONE HUNDRED SEVENTY-ONE 2 233 THOUSAND, SEVEN HUNDRED THIRTY-FIVE DOLLARS ($171,735) in 2026; ONE HUNDRED EIGHTY THREE THOUSAND, SEVEN HUNDRED FIFTY SIX DOLLARS ($183,756) in 2027; and ONE HUNDRED NINETY SIX THOUSAND, SIX HUNDRED NINETEEN DOLLARS ($196,619) in 2028. Compensation for CONTRACTOR and CITY shall also include additional revenue opportunities as specified in Exhibit "B". 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", CONTRACTOR 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 PAYMENTS CONSULTANT shall be paid pursuant to the terms of Exhibit "B". 7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, site plans, vendor lists, sponsor contracts and agreements, parade entry contact information, timelines, runner and volunteer databases, service provider invoices and contact information, parade scripts, web domains, login and passwords for websites and social media accounts, maps/routes, memoranda, letters, spreadsheets, and other documents, shall belong to CITY, and CONTRACTOR shall turn these materials over to CITY immediately upon request, or 3 234 upon expiration or termination of this Agreement, or upon completion of PROJECT, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. CONTINGENCY ALLOWANCE CITY shall provide a Contingency Allowance of no more than TEN- THOUSAND DOLLARS ($10,000) to cover variations that may occur in the expected values of elements of cost or schedule, however, do not apply to scope or quality. City must preapprove at its sole discretion any Contingency Allowance. 9. HOLD HARMLESS CONTRACTOR hereby 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, judgements, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out ofor in connection with CONTRACTOR's (or CONTRACTOR's sub-contractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONTRACTOR, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONTRACTOR. 4 235 10. PROFESSIONAL LIABILITY INSURANCE CONTRACTOR shall obtain and furnish to CITIY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONTRACTOR's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above- mentioned insurance shall not contain a self-insured retention, "deductible" or any other similar form oflimitation on the required coverage except with the express written consent of CITY. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONTRACTOR shall notify CITY of circumstances or incidents that might give rise to future claims. CONTRACTOR will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONTRACTOR agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONTRACTOR fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY' s election, to forthwith terminate this Agreement. Such termination shall not affect 5 236 CONTRACTOR's right to be paid for its time and materials expended prior to notification of termination. CONTRACTOR waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 11. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the ce1iificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. promise that such policy shall not be suspended, voided or canceled by either paiiy, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (I 0) days' prior written notice if the event of cancellation for nonpayment of premium. CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by City. The requirement for carrying the forgoing insurance coverage shall not derogate from CONTRACTOR's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 6 237 12. INDEPENDENT CONTRACTOR CONTRACTOR is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 13. TERMINATION OF CONTRACT A. CITY may terminate this Agreement without cause, effective after 30 days' prior written notice to CONTRACTOR ("Notice Period"). In the case of termination without cause: (i) CITY shall release CONTRACTOR from all obligations under this contract, and shall assume full liability for all existing vendor, subcontractor, supplier, sponsor, talent and venue contracts that have been entered into as part of the Event and previously approved by CITY. (ii) CONTRACTOR shall be entitled to payment for the current PROJECT year up until the date of termination and shall be paid the outstanding balance of the fee within seven (7) days of receiving a final invoice detailing work completed. CONTRACTOR shall also be entitled to retain all commissions 7 238 earned through the sales of CITY-approved sponsorships prior to the date of termination, and, in the case of multi-year sponsorship agreements, CONTRACTOR may retain said commissions, however, the City shall not be responsible for the payment thereof. (iii)CONTRACTOR shall deliver an audit repoti to CITY detailing the status of the PROJECT budget and all accounts payable/receivable and transfer the balance of all funds held on behalf of CITY, less applicable sponsor commissions due to the CONTRACTOR, to CITY's designated fiduciary or account no later than the conclusion of the Notice Period. (iv)CONTRACTOR shall work amicably with CITY to effectively transfer all PROJECT communications, contacts, materials and operations to CITY-designated agents and assignees. 14. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONTRACTOR to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and sub-contractors must satisfy the insurance requirements as set forth in Section 9 and l O hereinabove. 8 239 15. 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. 16. CITY EMPLOYEES AND OFFICIALS CONTRACTOR 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. 17. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designed in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates, electronic correspondence, or other communications will be sent by notifying the other party via personal delivery, or reputable overnight carrier or U.S. certified mail-return receipt requested, or electronic mail system: TO CITY: City of Huntington Beach ATfN: City Manager 2000 Main Street Huntington Beach, CA 92648 9 TO CONTRACTOR: PSQ Productions, LLC. ATTN: Mark Entner 48 Waterworks Way Irvine, CA 92618 240 18. CONSENT When CITY's consent/approval is required under this Agreement, its eonsent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 19. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 20. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in 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. 21. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or 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 10 241 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, or ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 22. DUPLICATE ORIGINAL The original of this Agreement and one 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. 23. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 24. LEGAL SERVICES SUB-CONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services 11 242 expenses incurred by CONTRACTOR. 25. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 26. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of the Agreement, shall so survive. 27. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 28. SIONA TORIES Each undersigned represents and warrants that its signature herein below 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. 29. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, 12 243 promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on the party's behalf, which are not embodied in this Agreement, and 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. 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. 30. EFFECTIVE DA TE This agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. 13 244 A. EXHIBIT "A" CONTRACTOR SCOPE OF SERVICES PSQ PRODUCTIONS, LLC STATEMENT OF WORK: The CONTRACTOR is required to attend planning meetings with the BOARD and CITY staff as needed. CONTRACTOR shall assume responsibility, with oversight from the CITY and in collaboration with the BOARD when deemed necessary by CITY, for all planning; sponsorship procurement; music and entertainment procurement; sub-contractor management; volunteer development; pre-, day-of, and post-event public / media relations; pre-, day-of, and post-event production and management; and all other facets of event production and management. Of note, deliverables must communicate the CITY's message of "family-friendly" events and activities. B. CONTRACTOR'S DUTIES AND RESPONSIBILITIES: In general, CONTRACTOR will provide or sub-contract the following services. These services are general in nature and are not all-inclusive of the duties and responsibilities of the CONTRACTOR. • Research & Monthly Planning • Legacy review of prior Event years to ascertain and evaluate best practices, budget history and preferred vendor relationships. • Conduct surveys of previous Event partners to solicit feedback and identify key success elements. • Attend and contribute to monthly Independence Day Board meetings. Marketing & Sponsorship 15 247 • Develop and manage omni-channel online/social, OOH and print marketing campaign concepts and fulfillment. • Review overall Event sponsorship program and recommend strategies and activations to maximize revenue potential. • Solicit, negotiate, and implement/manage all sponsorship contracts. • Coordinate a sponsor recognition package and/or event as well as VIP amenities for CITY dignitaries, as agreed upon in writing by CITY and CONTRACTOR no less than 30 days prior to EVENT. Financial Planning • Develop a comprehensive Event budget for approval by the CITY. • Manage all Budget and Scope changes as required to deliver the Event within the approved budget. • Manage, collect, and securely hold all sponsorship, booth sales, donations, food, beverage, merchandise cash receipts collected during the Event, and other forms of revenue. • Settlement of all vendors and invoices within the Scope of Services. • Reconciliation of budgets and weekly/monthly financial reporting to the CITY as requested. • Produce a final audit and settlement of all revenues and expenses within 30 days after the completion of the Event. • Parade Planning • Develop/distribute parade qualifications and application. • Once CONTRACTOR has selected final Parade entries, present to BOARD for their knowledge. 16 248 • Develop parade site map, including route, staging areas, VIP areas, announcer and media coverage areas, and grandstand seating areas, if applicable. • Conduct appropriate outreach to ensure the parade contains at least 200 entries and to meet budget expectations and timing for television coverage of the Event. • Develop parade regulations and procedures for participants and distribute to all attendees. • Coordinate logistics, security, route closures & equipment needs with City Staff and departments, or other authorized agencies. • Oversee media credentialing and coverage opportunities with media affiliates and approved media outlets in coordination with the City's Office of Communications. • Develop parade scripts for all announcers along the parade route, in addition to media coverage announcers, for consistency. • Oversee parade line-up, staging, and disbanding. • Secure and setup adequate VIP area staging and seating and required AV production elements for parade coverage/announcers. • Fireworks Planning • Oversee RFP process to award fireworks display contract. • Oversee and manage winning bidder for execution of all deliverables. • Coordinate security and logistical planning with CITY Staff and departments. 17 249 C. • Obtain required permits from appropriate CITY and County authorities, if applicable. • Develop/approve musical programming and secure all required licensing/clearances. • Coordinate Pier seating for Fireworks show, including sale of ticket packages, Pier seating layout, rental equipment, and any applicable VIP amenities. • Run Event Planning • Oversee subcontractors and/or provide primary run program management. • Manage t-shi11, runner medals and branded merchandise program. • Coordinate event marketing and oversee/develop rnnner registration, ensuring participation of over 3,500 runners to meet budget expectations. • Provide professional timing services and runner results. • Coordinate logistics, route planning, safety and street closures with City Staff and departments or other authorized agencies. • Coordinate runner's expo event if so authorized as pai1 of final Event budget/scope. • Collaborate with other contractors, consultants, and vendors CITY may hire in the course of presenting the event. • Specific Event Permit -CONTRACTOR shall apply for and obtain a City of Huntington Beach Specific Event Permit in accordance with Municipal Code 13 .54. Specific Event Permit fees to be waived by CITY. ADDITIONAL ACTIVATIONS CITY and CONTRACTOR agree that in 2024, the Event shall include the Parade, Run, and Fireworks Events. Should the CONTRACTOR wish to expand the 18 250 activations of the Event in future contract years to include additional festivals, block parties, community parades, or other elements, CONTRACTOR may propose the new elements in writing for approval by CITY. Any new Event activations shall be funded by CONTRACTOR through the Event budget and/or sponsorships and shall not be the financial responsibility of CITY. D. CITY'S DUTIES AND RESPONSIBILITIES: 1. CITY will designate a staff liaison through the Director of Community & Library Services and any change in that person will be noticed in writing. 2. CITY shall provide meeting rooms for meetings, when available, at no cost to CONTRACTOR. 3. CITY will assist with promotion and marketing of the event through social media, SANDS Recreation Guide, placing information on the CITY' s website, and allowing promotional materials to be placed in City Hall and community facilities, such as community centers and libraries, with the approval of the City's Office of Communication. 4. The CITY's staff liaison will work with CONTRACTOR on providing a VIP and dignitary list. D. WORK PROGRAM/PROJECT SCHEDULE: I. Work shall commence upon execution of the Agreement by both patiies and approval by the City Council of the City of Huntington Beach. 2. All tasks specified in Exhibit "A" shall be completed on or before July 4 of each year in 2024, 2025, 2026, 2027, and 2028. 3. This schedule may be amended to benefit the Project if mutually agreed to in writing by CITY and CONTRACTOR. 4. In the event the Commencement Date precedes the Effective Date, CONTRACTOR shall be bound by all terms and conditions as provided herein. 19 251 5. CITY shall apply for and obtain Caltrans street closure permits related to the 4th of July Parade. 20 252 EXHIBIT "B" Payment Schedule (2024 -$150,000; 2025 -$160,500; 2026 -$171,735; 2027 -$183,756; 2028 -$196,619 1. CONTRACTOR shall be entitled to three (3) installment payments toward the fixed Fee set f01th herein in accordance with the following progress and payment schedules. Upon submission of any invoice, if CITY is satisfied that CONTRACTOR is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve and process the appropriate installment payments, within thirty (30) days of receipt of said invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONTRACTOR in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONTRACTOR is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. Such invoices shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONTRACTOR's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. 2. CONTRACTOR shall use the Fee Schedule as included in the City Council approved Master Fee and Charges Schedule, Community Services-Charges, Resolution #2019-87, and any subsequently updated Fee Resolution during the Term of the Agreement: 21 253 3. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. I. BUDGET, FEES & TERMS OF PAYMENT a. CONTRACTOR shall provide the Services described herein for a Fee of ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000) during the first year of the Agreement. For each subsequent year during the Term related to the 2025, 2026, 2027, and 2028 Events, the Fee shall be increased in accordance with the schedule provided by CONTRACTOR to CITY during negotiations. b. The Fee shall be paid to CONTRACTOR in installments during the first year of the Agreement as follows: (i) 50% due upon execution of Agreement; (ii) 25% due no later than April 30, 2024; (iii) 25% due no later than July 31, 2024; c. The Fee for each subsequent year in the Term, related to the 2025 and 2026, 2027, and 2028 Events and any option years exercised, shall be due with a 50% first installment due by December 31 st of the preceding year and two (2), 25% installments on April 30 th and July 31 st of the event year. d. All revenues from the Event shall be accounted for in the following order: (i) Revenues, including but not limited to ticket sales, sponsorships, parade entries, and donations shall offset 22 254 expenses incurred by CONTRACTOR in the production of the Event in accordance with the Event budget. (ii) If revenues exceed the expenditures and there is a net positive in the Event account, CONTRACTOR will be eligible to earn additional compensation on sponsorship and donations as follows: (a) 25% of total revenue generated during the event from new vendors; I 0% ofrevenues from returning 2023 vendors with 25% of new revenues over 2023 revenues. (b) Ticket sales and parade entries will not be eligible for the revenue split and shall be deposited directly into the account to fund the Event. (iii) If Event expenses exceed total revenue, the CITY would be responsible for reimbursement of CONTRACTOR direct Event expenses, pending a review of the mutually approved event budget and the reconciliation of expenditures with invoices or receipts from vendors as agreed upon by both parties no more than 30 days following July 4 each year. (iv) CONTRACTOR may provide subcontractor services required for the Event that are within CONTRACTOR's direct capabilities, provided that CONTRACTOR charge competitive market rates for such services and provide advance disclosure to the CITY of the areas in which it intends to provide the services. e. In consultation with the CITY, CONTRACTOR will develop an initial Budget Estimate for the entire Event to be submitted for adoption by CITY no later than 14 days after completion of the Legacy Review. f. During the Term, CONTRACTOR shall notify the CITY of any anticipated or known material increase to the EVENT Budget, defined as any change 23 255 due to an individual line item or group of related items which change in price for any reason, increase the EVENT Budget by more than $5,000.00 and represent an unfunded budget expense against known revenues. The CITY shall have 72 hours from receipt of notice to approve, modify or cancel the relevant Scope of Work related to the material increase. Failure of the CITY to modify or cancel the relevant scope of work within the notice period shall constitute approval of the material increase and financial obligations associated therewith. g. From time to time, the CITY may request changes to the Scope of Work or Services, which must be submitted to CONTRACTOR in writing, at which time CONTRACTOR shall provide the CITY with a written analysis and financial estimate as soon as is reasonably possible, detailing the costs and feasibility of the CITY request. The CITY request shall not become binding upon CONTRACTOR nor be included in the Services, unless and until the CITY approves the financial estimate and revenue allocation recommended by CONTRACTOR, and CONTRACTOR ce1iifies the request as feasible within the Scope of the Services. h. CONTRACTOR shall operate and maintain a special purpose dedicated checking account for the EVENT, and make all deposits and payments related to the EVENT using the dedicated account. The CITY shall be granted access to the account for repmiing/audit purposes and furnished with copies of each monthly statement from the account. i. CONTRACTOR shall maintain copies of all purchase orders, 111vo1ces, contracts, receipts, deposits and expenses paid on behalf of the EVENT and provide CITY with copies of same. J. All payments due to CONTRACTOR are to be made by wire transfer or direct deposit. 24 256 POLICY NUMBER: CPV0036 I 54 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 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/sl Or Oraanization/sl City of Huntington Ileach, its officers, elected 01· appointed officials, employees, agents and volunteers Information reauired to comolete this Schedule, if not shown above, will be shown in the Declarations. 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: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 258 Policy Number: CPV0036154 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 City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers The following is added to the Other Insurance Condition and supersedes any provision to lhe contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available lo an additional insured under your policy provided that: The additional insured is a Named Insured under such other insurance; and 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 lo the additional insured. CG 20 01 0413 © Insurance Seivices Office, Inc., 2012 Page 1 of 1 259 POLICY NUMBER: PI 00.691.568.3 (HNO) COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 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!sl Or Oraanlzatlon!sl City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers Information reauired lo comolete this Schedule, if not shown above, will be shown in the Declarations. 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: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 260 PSQ Productions Professional Services Agreement February 20, 2024 261 Statement of Issue PSQ Productions will manage and produce the 2024, 2025, 2026, 2027, and 2028 Independence Day Celebration events, which include the annual Surf City 5K Run, 4th of July Parade, and Fireworks over the Ocean. 262 History • The previous contract expired on September 30, 2023 • A Request for Proposals (RFP) was released on September 7, 2023 • Three (3) firms responded to the RFP by the closing process on Friday, October 20, 2023, after extending original deadline of Friday, September 29, 2023, to allow for additional submissions. 263 Contractor • PSQ Productions was selected and will manage and produce the 2024, 2025, 2026, 2027 and 2028 Independence Day Celebration events, which include the annual Surf City 5K Run, 4 th of July Parade, and Fireworks over the Ocean. • The Contract will have a five-year term and will automatically terminate five (5) years after commencement on September 1, 2028, or may be extended up to five (5) one-year terms upon mutual consent of the parties. 264 Responsibilities A summary of PSQ Productions responsibilities for the Independence Day celebration: • planning and execution of the 4 th of July Parade, Run, and Fireworks Show • sponsorship procurement and sponsor recognition • merchandise, overall event logistics • VIPs, entertainment and public relations; music and entertainment procurement if applicable • sub-contractor agreements, management and payment • volunteer development • public / media relations 265 Responsibilities • implement all logistical plans • provide general event production and management • provide research and planning • marketing services • budget development, management, reconciliation, and regular reporting to the City • collaborate with the Independence Day Board for community sponsorships and development of the Event theme, logo, and selection of parade participants and grand marshals 266 Responsibilities City responsibilities: • Assign a staff coordinator to work directly with Contractor. • Provide a contingency allowance of no more than $10,000 to cover variations that may occur in the expected values of elements of cost or schedule. • Assist with promotion and marketing of the event. 267 Agreement Term Compensation through the five-year life of the contract is set at the following: One Hundred Fifty Thousand Dollars ($150,000) in 2024; One Hundred Sixty Thousand, Five Hundred Dollars ($160,500) in 2025; One Hundred Seventy-One Thousand, Seven Hundred Thirty- Five Dollars ($171,735) in 2026; One Hundred Eighty-Three Thousand, Seven Hundred Fifty-Six Dollars ($183,756) in 2027; One Hundred Ninety-Six Thousand, Six Hundred Nineteen Dollars ($196,619) in 2028. 268 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-154 MEETING DATE:2/20/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Ashley Wysocki, Director of Community & Library Services PREPARED BY:Molly Uemura, Community & Library Services Manager Subject: Adopt Resolution No 2024-08 revising and restating Resolution No. 2016-01 related to implementing Charter Section 805 and Municipal Code Chapter 5.90 regarding the number of permits issued for Safe and Sane Fireworks from fifteen (15) to sixteen (16) Statement of Issue: It is necessary to revise and restate Resolution No 2016-01 and approve a new resolution that will allow for one additional Safe and Sane Fireworks booth permit to be exclusively issued to a Foundation that directly financially supports City operations through a Memorandum of Understanding between the City and the Foundation. Financial Impact: Not applicable. Recommended Action: Adopt Resolution No 2024-08, “A Resolution of the City Council of the City of Huntington Beach revising and restating Resolution No. 2016-01 related to implementing Charter Section 805 and Municipal Code Chapter 5.90 regarding safe and sane fireworks.” Alternative Action(s): Do not approve the recommended action and direct staff accordingly. Analysis: On February 2, 2015, City Council adopted Resolution 2015-04 which approved a maximum of fifteen (15) permits to be issued allowing for the sale of Safe and Sane Fireworks within the city each year to non-profit organizations using a lottery system. Historically, the 15 permits have been issued to applicants in three (3) categories, with a maximum of five (5) permits per category: Youth Sports, High School Education Institutions, and Civic Organizations. Resolution 2024-08 would increase the number of permits from fifteen (15) to sixteen (16). City of Huntington Beach Printed on 2/14/2024Page 1 of 2 powered by Legistar™269 File #:24-154 MEETING DATE:2/20/2024 This increase of one permit shall be issued to a City Foundation which directly financially supports City operations through a Memorandum of Understanding between the Foundation and the City. Sixty percent (60%) of the proceeds from this booth will be given to the Foundation and forty percent (40%) will be provided to the City of Huntington Beach to help offset the costs related to the City’s Independence Day events. The awarded Foundation will rotate annually, with applicable Foundations eligible to apply for other categories during non-award years. No Foundation may be awarded or operate two booths in the same year. Foundations will not be entered into the annual lottery. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Resolution No 2024-08, “A Resolution of the City Council of the City of Huntington Beach revising and restating Resolution No. 2016-01 related to implementing Charter Section 805 and Municipal Code Chapter 5.90 regarding safe and sane fireworks.” City of Huntington Beach Printed on 2/14/2024Page 2 of 2 powered by Legistar™270 RESOLUTION NO. 2024-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REVISING AND RESTATING RESOLUTION NO. 2016-01 RELATED TO IMPLEMENTING CHARTER SECTION 805 AND MUNICIPAL CODE CHAPTER 5.90 REGARDING SAFE AND SANE FIREWORKS WHEREAS, the voters of the City of Huntington Beach approved an amendment to the Huntington Beach Charter adding Section 805 permitting the sale and discharge of Safe and Sane Fireworks subject to City Council regulations; and The Council finds that orderly distribution and sale of Safe and Sane Fireworks will be accomplished by setting forth rules and procedures via resolution, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: SECTION 1. The City Manager is hereby authorized to implement this Resolution, Huntington Beach Municipal Code (HBMC) Chapter 5.90 and Charter Section 805. SECTION 2. No Permit, as defined by the HBMC, shall be issued to any Qualified Organization that does not satisfy the requirements provided in this Resolution or HBMC Chapter 5.90. A. The maximum number of Permits that may be issued shall be sixteen (16) Permits during any one calendar year as follows: one (1) Permit issued to a City Foundation and a maximum of five Permits shall be issued to Qualified Organizations in each of the three categories provided below, to which an applicant may apply for only one of the categories: Youth Sports -Youth sports organizations operating within the City whose main purpose is to benefit a valid youth sports activity. Examples include but are not limited to Little League, "A YSO" soccer, youth football, basketball, tennis, or golf. This category does not include individual club or travel sports teams, or high school extracurricular activities/sp01is. High School -High schools operating within the City that agree to use the proceeds for the benefit of valid student extracurricular activities/sports shall be allowed to submit one application. Civic Organizations -Civic organizations operating within the City whose sole purpose is for civic betterment, or charitable or religious purposes to and for the citizens of Huntington Beach, shall be allowed to submit one application. This category does not include high school extracurricular activities or youth or adult sports organizations. 271 RESOLUTION NO. 2024-08 B. Each year, one (1) Permit shall be issued to a Foundation which directly financially supports City operations through a Memorandum of Understanding between the Foundation and the City. Sixty percent of the proceeds from this booth will be given to the Foundation and forty percent will be provided to the City of Huntington Beach to help offset the costs related to the City's Independence Day festivities. The awarded Foundation will rotate annually, with applicable Foundations eligible to apply for other categories during non-award years. No Foundation may be awarded or operate two booths in the same year. Foundations will not be entered into the annual lottery. C. Applications may be filed with the City Clerk beginning March 1st, continuing up to 5:00 p.m. on the last business day in March of the same year, at which time the filing period for that year will be closed. D. The City Clerk shall conduct a lottery to choose fifteen qualified Permittees that may sell fireworks in the City pursuant to HBMC Chapter 5.90. The lottery will be conducted during a City Council meeting with the City Clerk using some means of random selection. E. In addition to the requirements ofHBMC Chapter 5.90, Qualified Applicants must be organized primarily for veterans, patriotic, welfare, civic betterment, religious, athletic, educational, youth development or charitable purposes; must have their principal and permanent meeting place within the City; and provide direct and regular community services and benefits to the residents of the City. F. If more than one application is submitted on behalf of any nonprofit organization or affiliated organization, the City may disregard one or all of the applications at its sole discretion. Any attempt to transfer an application shall void that application and may preclude an applicant from participating in the lottery in future years. G. On a form provided by the City, Qualified Organizations shall provide: the proposed location of the fireworks stand; the name, address and 24-hour telephone number of one or more responsible adults who will be in charge of and responsible for the fireworks stand during the period fireworks are sold, displayed or stored at such location; and written permission from the owner of record and/or lessor and/or management company of the property upon which said fireworks stand is proposed to be located; the proof of the applicant's status as a qualified organization; date when the applicant was organized and established; the names and addresses of the officers, if any, of the applicant; the name, address, and California State Fire Marshal's license number of any wholesaler or distributor from whom the Qualified Applicant or retailer proposes to purchase for resale; the applicant's State Board of Equalization sales lax permit number; the manner, method and times regarding how the applicant proposes to sell Safe and Sane Fireworks; a copy of the requisite retail sales permit issued by the Office of the California Slate Fire Marshal; and evidence of a temporary sales tax permit from the California State Board of Equalization. 24-14157/331590 2 272 RESOLUTION NO. 2024-08 SECTION 3. Permittees shall provide certificates of insurance evidencing the following minimum coverage and limits. Insurance shall be provided by an insurer authorized to do business in California with a current A.M. Best's rating ofno less than an A-:Vl. A. General Liability: Commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000.00) per occurrence, two million dollars ($2,000,000.00) general aggregate, for bodily injury, personal injury, and property damage without limitation, blanket contractual liability. General liability policies shall provide or be endorsed using Insurance Services Office forms CG 20 26 or equivalent, to provide that City and its officers, elected or appointed officials, employees, agents and volunteers shall be additional insureds under such policies. There shall be no exclusions, included in or added to the policy, for fireworks sales or similar activities allowable under this permit. B. The insurance coverage provided and limits required hereunder are minimum requirements and are not intended to limit Permittee's indemnification obligations under Section 4 below, nor do the indemnity obligations limit the rights of the insured parties to the coverage afforded by their insured status. Requirements of specific coverage features or limits contained in this Section 3 are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. C. Any deductibles, self-insured retentions or similar forms of coverage limitations or modifications must be declared to and approved by the City. D. Permittee shall include all sub-Permittees or subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements to each sub-Permittee. E. Permittee shall provide to City, certificates of insurance and endorsements, as required, as evidence of the insurance coverage required herein. SECTION 4. Permittees agree, as a condition of receiving a Permit, to protect, defend, indemnify, and hold harmless, the City, the City Council, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all third party claims, damages, losses, expenses, judgments, demands and defense costs, however caused, resulting from death or injury to Permittee employees, volunteers, customers, and/or any third party, and/or damage to Permittee property, arising directly or indirectly out of the obligations or operations undertaken by Permittee by virtue of the Permit issuance, caused in whole or in part by any act or omission of the Permittee, any subcontractors, anyone directly or indirectly employed or volunteers or anyone for whose acts any of them may be liable, including but not limited to, concurrent active negligence, except where caused by the sole active negligence, or willful misconduct of the City. 24-14157/331590 3 273 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-1050 MEETING DATE:2/20/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Scott M. Haberle, Fire Chief PREPARED BY:Janice Van Mullem, Fire Marshal Bonnie To, Principal Management Analyst Subject: Approve and authorize execution of three (3) contracts: Oil Well Abandonment, Civic Center Lease Closure, and Miley Keck Tank Farm Lease Closure and approve an appropriation of $1,236,763 in HB Recovery Funds for the Project Statement of Issue: The City’s oil production wells, located at the Civic Center, are not economically viable due to aging infrastructure, cost of maintenance and compliance, and expected loss in revenue. A presentation to City Council during a study session was provided on March 21, 2023 (attached) where the Fire Department was given direction to proceed with abandonment. The decision to proceed to well abandonment and lease restoration was based on several factors: 1. Production. Civic Center wells have averaged production of 16.4 barrels of oil per day from January 2010 through June 2017. At that time, pressure support was provided from another nearby production unit (Springfield), allowing the relatively high level of production. After the pressure support ended, Civic Center lease averaged 5.5 barrels per day. 2. Profit and Loss. The City performed a 3rd party economic analysis which concluded that the Civic Center will not be profitable considering oil production, fixed costs, maintenance required, and the expected price of oil. The lease has shown negative profits since at least 2015 (general fund). The breakeven oil price for the Civic Center lease is $214 a barrel (current market price is $80 per barrel, and the City receives at least 10% less than market price). 3. Aging Infrastructure.The Civic Center wells and associated equipment are aging and need significant investment to maintain. There are significant known repair costs totaling roughly $750k . 4. Tank farm lease expiration 2024. The tank farm is leased, and the lease will expire on Sept City of Huntington Beach Printed on 2/14/2024Page 1 of 6 powered by Legistar™275 File #:23-1050 MEETING DATE:2/20/2024 30, 2024. The abandonment is timed to coincide with the lease expiration. Lease costs will continue until abandonment is complete. The Fire Department, as the oil well managers, prepared three bids for service to abandon the three wells, remove the equipment and piping, and restore the well site at Civic Center and the Miley Keck Tank Farm (MKTF) to California Department of Conservation, Geologic Energy Management (CalGEM) standards. Vendors submitted their RFP submissions and costs, and based on the RFP evaluation criteria the following firms were selected. The Fire Department requests City Council to provide funding and approve selected contractors for the three bids. In order to account for unanticipated costs, the Fire Department would like to incorporate 15% contingency for the projects as shown in the following table: City of Huntington Beach Printed on 2/14/2024Page 2 of 6 powered by Legistar™ Projec t Vend o r Con tract Ty pe Cost Su bm itted 1 5 % Cost in RFP Con t ingen cy Submitte d in RFP plu s 15% Co nting e ncy Oil We ll Aband o nmen t Exc a li bu r We ll T ime & Mat e r ia ls $ 1 ,0 9 9,770 $ 164,966 $ 1 ,2 64 ,736 Se rv ices Go r p. Civ ic Ce nt e r Lease o .c . v acuum , Inc . F ixed Pr ice/Lump $ 405,5 1 4 $ 60,827 $ 4 66 ,34 1 Closu re Su m Mil ey Kec k Tan k Fa rm Ame rican Inte g rat ed F ixed Pr ice/Lump $ 1 8 9 ,9 3 2 $ 2 8,4 90 $ 21 8,422 Lease Rest or at ion Se rv ices, Inc. Su m T ot al $ 1 ,6 9 5 ,2 16 $ 254,2 8 2 $ 1 ,94 9,49 8 276 File #:23-1050 MEETING DATE:2/20/2024 There may be additional contingency funding needed in the future depending on the progress of the work for the three projects. Financial Impact: City Council previously approved budget related to oil wells. These budgeted funds have accumulated from unused Equipment Replacement Funds for well repair and Capital Improvement Program (CIP) Infrastructure Funds for oil well abandonment. The following table shows the remaining balance available to be used toward the project: City of Huntington Beach Printed on 2/14/2024Page 3 of 6 powered by Legistar™ Projec t Ve ndor Est imated Est imat ed Est imated Es t ima t ed Total Est imat ed Scope of Cost s in FY Cost s in FY Cost s in FY Cost across All W ork Comp letion 23 /24 with 1 5% 24 /25 with 1 5% 25/26 with 15% FY w ith 15% Cont ingency Contingency Con t ingency Conti nge ncy Oil We ll A bandonmen t Exca libur We ll Services $ 632 ,368 $ 632 ,368 $ 1,264,736 Estim at ed sco pe of Corp _ work complet ion betw een FY 24/25 an d FY 25 /26 Civ ic Cen te r Le ase o _c _ V arnum. Inc _ $ 349,583 $ 116 ,528 $ 466 ,111 75% of work est imated Closu re t o be complet ed in FY 23 /24 , t hen rema ining 25% of work t o be comp let ed in FY 25 /26 Mil ey Kec k T ank Fa rm American Integ rat ed $ 218,422 $ 2 18,422 Est ima t ed sco pe of Lease Rest orat ion Se rv ices , Inc _ work complet ion FY 24 /25 T ot al $ 568 ,005 $ 632 ,368 $ 748 ,896 $ 1,949 ,268 277 File #:23-1050 MEETING DATE:2/20/2024 The total project cost is estimated at $1,949,268, which includes a 15% contingency. Staff is requesting an appropriation of $1,236,763 in HB Recovery Funds to Business Unit 31465001 to cover the remaining cost of the project. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute a $1,099,770 “Agreement between the City of Huntington Beach and Excalibur Well Services Corp. for Oil Well Abandonment;” and, B) Approve and authorize the Mayor and City Clerk to execute a $405,514 “Service Agreement between the City of Huntington Beach and O.C. Vacuum, Inc. for Civic Center Lease Closure;” and, C) Approve and authorize the Mayor and City Clerk to execute a $189,932 “Service Agreement between the City of Huntington Beach and American Integrated Services, Inc. for Miley Keck Tank Farm Lease Closure”. D) Authorize the appropriation and transfer of $1,236,763 in HB Recovery Reserves to Business Unit 31465001 (Oil Well Abandonment) to fund the unbudgeted portion of the project. Alternative Action(s): Do not approve the agreement(s); and/or Request staff to obtain additional bids through the RFP process; and/or Request staff to re-evaluate bids based on additional criteria; and/or Request staff to evaluate cost and liability of idling the wells to CalGEM standards. Analysis: Three RFPs were posted through Planet Bids on August 2, 2023. A mandatory pre-bid meeting occurred on August 16, 2023. Bids were due to the City by September 15, 2023. Additional negotiation for best and final were conducted for the oil well abandonment project. Bids were received on September 16, 2023. The bids were evaluated and scores were based on multiple factors including: • Compliance with RFP requirements - 5% • Firm qualifications - 25% • Experience and License requirements - 25% • Understanding of project - 20% • Cost/price - 15% City of Huntington Beach Printed on 2/14/2024Page 4 of 6 powered by Legistar™ Descriptio n ~pproved Budget Expe nditures Bala nce FY20/21 Equ ipment Rep lacement $324,640 $111,905 $212,735 FY21/22 GIP $250,000 $0 $250 ,0 00 FY22/23CIP $250,000 $0 $250,000 Tota l $824,640 $111,905 $712 ,735 278 File #:23-1050 MEETING DATE:2/20/2024 • References - 10% The bids were evaluated and scored independently by the three evaluators, and the results tallied by Contracting staff in Finance. For the Oil Well Abandonment Project, due to the high dollar amount and the technical complexity of the job, the evaluation also included a reference check and a 30- minute Teams interview to ask each bidder additional questions to help determine the best bid for the City. The bidders were also asked additional clarifying questions and asked to provide a “best and final” cost proposal. Both contractors were highly rated, the ultimate decision was based on the large cost differential between the two firms. Oil Well Abandonment Scope of this work includes abandonment of three wells at the Civic Center. The bids assumed that the three wells would be abandoned without a time gap. Well abandonment includes obtaining CalGEM permits for abandonment and all work to sufficiently abandon wells to CalGEM standards. Due to the complexity of well abandonment and the known issues down hole with Civic Center #3, this project is bid as time and materials. Civic Center Lease Closure Scope of this work includes removing all above ground equipment, removing any pipelines under Civic Center property, and inerting and capping the pipeline between Civic Center and MKTF. It will also include repaving at Civic Center 2, repaving any pipeline trenches, and providing clean dirt to grade at Civic Center 1 and 3 to allow for later phase improvements. This project is fixed price bid. Miley Keck Tank Farm Closure Scope of this work includes removing all above ground equipment, removing the secondary containment wall, removing underground pipeline under pavement, removing gravel and dirt inside the containment wall to hard-pan. The area of secondary containment will be left as exposed clean dirt and any trenches will be refilled with clean dirt to slab grade. This project is fixed price bid. Bid Selection After taking into consideration the evaluation criteria, the following firms with their associated costs were selected. In order to account for contingency, the Fire Department would like to incorporate 15% contingency for the projects as shown in the following table: City of Huntington Beach Printed on 2/14/2024Page 5 of 6 powered by Legistar™279 File #:23-1050 MEETING DATE:2/20/2024 Environmental Status: The requested action to approve a contract award for well abandonment and lease restoration is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Furthermore, since the proposed well abandonment and lease restoration activities are considered ministerial, the project for which the contract is being awarded, is statutorily exempt from CEQA in accordance with Section 15268 of the CEQA Guidelines. The awarded contractor will obtain permits from the California Geologic Energy Management Division (Cal-GEM) consistent with applicable requirements. Strategic Plan Goal: Goal 2 - Fiscal Stability, Strategy A - Consider new revenue sources and opportunities to support the City's priority initiatives and projects. By reducing loses to General Fund due to aging oil production infrastructure, increased operational costs, and decreased production. Attachment(s): 1. Service Agreement between the City of Huntington Beach and Excalibur Well Services Corp. for Oil Well Abandonment 2. Service Agreement between the City of Huntington Beach and O.C. Vacuum, Inc. for Civic Center Lease Closure 3. Service Agreement between the City of Huntington Beach and American Integrated Services, Inc. for Miley Keck Tank Farm Lease Closure 4. Presentation to Council-May 16, 2023 5. Presentation to Council-February 20, 2024 City of Huntington Beach Printed on 2/14/2024Page 6 of 6 powered by Legistar™ Project Ve nd or Cont ract Type Cost Subm itted 1 5% Cost in RFP Cont ingency Submitte d in RFP plus 15% Co nting e ncy Oil We ll Ab an don ment Exca li bu r We ll T ime & Mate rials $ 1 ,099,7 70 $ 1 64 ,966 $ 1,264 ,73 6 Services Co rp. Civ ic Ce nter Lease o .c . Vacuum , Inc. F ixed Price/Lump $ 405,514 $ 60 ,8 2 7 $ 4 66 ,34 1 Clos ure su m Mil ey Kec k Tank Fa rm American Integ rated F ixed Price/Lump $ 1 89 ,932 $ 2 8 ,490 $ 218 ,42 2 Le ase Rest orat ion Se rv ices. Inc . Sum Tot al $ 1 ,695,2 16 $ 254 ,282 $ 1,94 9 ,498 280 SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND EXCALIBUR WELL SERVICES, CORP. FOR CIVIC CENTER WELL ABANDONMENT 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 called "City," and Excalibur Well Services, Corporation, hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of Well Abandonment. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field. Contractor has been selected to perform these services pursuant to Huntington Beach Municipal Code Chapter 3.02. NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. Scope of Services Contractor shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "Project." Contractor hereby designates Steve Martinez 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 Contractor in the performance of this Agreement. 23-13803/324318 1 281 3. Compensation a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit "B." The total sum to be expended under this Agreement, shall not exceed One Million Ninety-Nine Thousand Seven Hundred Seventy Dollars ($1,099, 770.00) during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Contractor shall be paid pursuant to the terms of Exhibit "B." 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence ____ , or as soon as practicable after the execution of this Agreement by City (the "Commencement Date") and terminate three (3) years from Commencement Date, unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for 2 additional one-year periods if mutually agreed to in writing by both parties. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. 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," Contractor 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. Disposition of Plans, Estimates and Other Documents Contractor 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, date or programs, maps, memoranda, letters and other documents, shall belong to City, and Contractor 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. 23-13803/324318 2 282 7. Hold Harmless Contractor 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, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to Contractor's employees and damage to Contractor's property, arising directly or indirectly out of the obligations or operations herein undertaken by Contractor, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractor's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 8. Workers Compensation Insurance Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; Contractor covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Contractor shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Contractor shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. 9. General Liability Insurance In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend, hold harmless and indemnify City, Contractor shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service. This policy shall indemnify Contractor, 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 Project/Service, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, 23-13 803/324318 3 283 the aggregate limit must be no less than One Million Dollars ($1,000,000) 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) for this Project/Service. This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be pnmary. 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. 10. Automobile Liability Insurance Contractor shall obtain and furnish to City an automotive liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and a separate "Additional Insured Endorsement" page listing both the policy number and naming the "City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers" as additional insured on the endorsement. The above-mentioned insurance shall not contain a self-insured retention, "deductible" or any similar form of limitation on the required coverage except with the express written consent of City. 11. Certificate of Insurance Prior to commencing performance of the work hereunder, Contractor shall furnish to City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: a. provide the name and policy number of each carrier and policy; b. state that the policy is currently in force; and c. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. Contractor shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by City. This requirement for carrying the foregoing insurance coverage shall not derogate from Contractor's defense, hold harmless and indemnification obligations as set forth in this Agreement. City or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. Contractor shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 23-13 803/324318 4 284 12. Independent Contractor Contractor is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City. Contractor shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for Contractor and its officers, agents and employees and all business licenses, if any, in connection with the Project and/or the services to be performed hereunder. 13. Conflict of Interest Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 14. Termination This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. Exclusivity and Amendment This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 23-13 803/324318 5 285 16. Assignment Inasmuch as to this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 17. City Employees and Officials Contractor 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. 18. Notices Any notices, certificates, or other communications hereunder shall be given either by personal delivery to Contractor'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 below. City and Contractor may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U.S. certified U.S. certified mail-return receipt requested: To City: City of Huntington Beach Attn: Fire Chief 2000 Main Street Huntington Beach, CA 92648 19. Consent Contractor: Excalibur Well Services Corporation Attn: Steve Martinez 22034 Rosedale Highway Bakersfield, CA 93 314 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 transactions or event. 20. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 23-13 803/324318 6 286 21. 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. 22. 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 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. 23. Duplicate Original The original of this Agreement and one or more copies hereto have been prepared and signed in counterpaiis 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. 24. Immigration Contractor shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 25. Legal Services Subcontracting Prohibited Contractor and City agree that City is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. Contractor understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for City; 23-13803/324318 7 287 and City shall not be liable for payment of any legal services expenses incurred by Contractor. 26. Confidentiality Contractor recognizes that in the performance of its duties under this Agreement, it must conduct its activities in a manner designed to protect information of a sensitive nature from improper use or disclosure. Contractor warrants that it will use reasonable efforts consistent with practices customary in the facilities management industry in recruiting, training and supervising employees and in otherwise performing its duties hereunder in order to achieve this result. In the furtherance of this, Contractor agrees, at the request of the City, to require its employees to execute written undertakings to comply with the foregoing confidentiality provision. 27. Discrimination Contractor shall not discriminate because ofrace, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 28. Jurisdiction -Venue This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 29. Professional Licenses Contractor shall, through the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Huntington Beach and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 23-13803/324318 8 288 30. California Prevailing Wage Law A. The City has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by 14 16-5195/City Funded Construction Contract.docx -revised 04/2016 resolution on file in the office of the City Clerk of City. Contractor and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, Contractor agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, Contractor shall, as penalty to City, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid ( either by Contractor or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 31. 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. 32. Survival Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 33. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of California. 34. 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. 35. Entirety (a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that 23-13 803/324318 9 289 REVIEWED AND APPROVED: City Manager 23-13803/324318 11 291 EXHIBIT II A II A. STATEMENT OF WORK: (Narrative of work to be performed) See attached Exhibit A. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: C. D. SEE A TT ACHED EXHIBIT A CITY'S DUTIES AND RESPONSIBILITIES: WORK PROGRAM/PROJECT SCHEDULE: 23-13803/324318 11 292 EXHIBIT A \\'El .I. SER\'ICES C< )!{I! Progra1n Steps ·Huntington Beach Field Civio Center Lease Civic Center 1 API # 04-059-02421 • Mobilize rig and a11 equipment to Civic Center 1. • Move in rig up hoist, mud pump, 2.5 power swivel, storage tank, catch tank, pipe trailer, & BOPE. • Monitor atmosphere for H2S, gases, and all other hazards. Monitor tubing and casing pressures. (Report to Cotnpany Representative). NOTE: According to lease operator, all 3 wells have less than 20 . ps1. • Install rod BOPE and function test (Report to Company Representative). Rig up rod equipn1ent and lay down rod assembly on a trailer, so we n1ay haul the rods off and properly dispose of. • Nipple up 8" 900 series BOPE (blow out prevention equipment) with accun11llator and function test BOPE per CalGEM's requirements. NOTE: Will nipple up BOPE onto an 8" non API well head. CalGEM to witness BOPE test. • Pull out of hole with original production string. All tubing will be laid onto a pipe trailer and hauled off. 22034 'Roseaa(e :J-figliway, 'Bafi.ersfie(c(, C.'A. 93314 Pfione: 661.589.5338 :fax: 661.58.9.1089 293 • Run in hole with 7" all weight scraper to 2175' +/-with 2-7 /8" 6.5# N-80 eue tubing. • Run in hole with 7" 20/23# bridge plug to 2175' +/-with 2-7 /8" 6.5# N-80 eue tubing. Set bridge plug@ 2175' +/-and pull out of hole with tubing assen1bly. • Fill 7" casing with water and 1nonitor well for any gases. Pressure test casing to 500 psi (Report to Co1npany Representative). • Nipple down 6" 900 series BOPE. • Cold cut 7" casing one foot below original well head and weld on 6" 900 series slip on well head flange. NOTE: Hot work permit will be required. • Nipple up 6" 900 series BOPE (blow out prevention equipment) with accumulator and function test BOPE per CalGEM's requirements (Report to Cmnpany Representative). CalGEM to witness BOPE test. • Run in hole with 7" bridge plug retrieving tool and 2-7 /8" tubing to top of bridge plug@ 2175' +/-. Release bridge plug and monitor well pressure before atte1npting to pull out of hole (Report to Co1npany Representative). • Pull out of the hole with 7" bridge plug and 2-7/8" tubing assembly. • Run in hole with 5-1/2" 15# casing spear, bumper sub, hydraulic jars, energizer, and 2-7 /8" 6.5# N-80 eue tubing to the top of the 5- 1/2" 15# sleeve @ 2184'. Spear in to 5-1/2" casing and work 5- 1 /2" casing sleeve free. 22034 'Roseaa{e J-{fgfiway, 'Bafiersfie{c(, CJl 93314 Pfione: 661,589,5338 :fax: 661.589.1089 294 • Pull out of hole with 5-1/2" 15# casing sleeve, 2-7 /8" tubing assembly. Rig up 5-1/2" casing tongs and lay down 306' (7 or 8 sticks) of 5-1/2" 15# casing on a trailer, so we n1ay haul the casing off and properly dispose of. • Run in hole with 4-3/4" drill bit and 2-7 /8" 6.5# N-80 eue tubing while possibly having to clean out from 2950' to 4003' (Report to Company Representative). NOTE: CalGEM to witness cleanout tag. • Rig up wireline and install wireline 2M lubricator (function test). Fill hole with water. Log (CBL) cased hole from cleanout depth to surface (Report to Con1pany Representative). NOTE: Squeeze jobs 111ay not be necessary based on CBL. • Run in hole with 2-7 /8" 6.5# N-80 eue open ended tubing to 4003' and rig up cement equip111ent. Pump class G ce1nent from 4003' to 3403' in two 300' stages. NOTE: CalGEM to witness. • Run in hole with 2-7 /8" tubing and tag top of ce1nent plug @ 3403' (CalGEM to witness). Rig up cen1ent equipment and pump class G ce1nent fron13403' to 2803' in two 300' stages. NOTE: CalGEM to witness. • Run in hole with 2-7 /8" tubing and tag top of cement plug @ 2803' (CalGEM to witness). Rig up cement equipment and pump class G cement fron12803' to 2490' in one stage. NOTE: CalGEM to witness. • Run in hole with 2-7 /8'' tubing and tag top of cen1ent plug@ 2490' (CalGEM to witness). Rig up cement equipment and pump class G ce111ent from 2490' to 2355' in one stage. NOTE: CalGEM to witness. 22034 'Rosec(a(e .Higfnvay, 'Bafi.ersfie(c{, C.'A 93314 Pfione: 661,589,5338 :fax: 661.589.1089 295 • Run in hole with 2-7/8" tubing and tag top of ce1nent plug@ 2355' . (CalGEM to witness). Rig up cement equipn1ent and pump class G cen1ent fron1 2355' to 1800' in two 277.5' stages. NOTE: CalGEM to witness. • Run in hole with 2-7/8" tubing and tag top of cen1ent plug@ 1800' (CalGEM to witness). Rig up cen1ent equipn1ent and pump class G cement from 1800' to 1400' in one stage. NOTE: CalGEM to witness. • Run in hole with 2-7/8" tubing and tag top of cement plug@ 1400' (Cal GEM to witness). Pmnp 52 barrels of 73# 26 shear abandon1nent 1nud. Abandonn1ent will be placed from 1400' to 150' from surface. NOTE: CalGEM to witness. • Rig up wireline and install wireline 2M lubricator (function test). Perforate 4 half inch holes per foot from 150' to 145', 20 total shots. (Report to Company Representative). • Run in hole with 2-7/8" tubing to 150'. Rig up cen1ent equipment and pun1p class G cen1ent from 150' to surface (inside and outside of casing. NOTE: CalGEM and Huntington Beach Fire Department to witness. • Nipple down 8" 900 series BOPE and secure well. Rig down hoist and rig out all equipment. • Witness cen1ent at surface, perform leak test(?), cut casing between 5' and 10' from surface grade, tac weld metal top plate onto casing with required information, install vent cone and c01nplete surface restoration (restore job sit). NOTE: CalGEM and Huntington Beach Fire Department to witness. "Job Complete" 22034 'Roseaa(e J-figfiway, 'Bafiersfie{d; CJ\ 93314 Plione: 661.589.5338 :fax: 661-589.1089 296 Location Layout Civic Center 1 -04-059-02421 Excalibur's Best Practice is Right in / Right out when arriving and departing location. (Safe Meeting areas and Entrances may change due to well, site, and safety considerations) 297 Proposed Equipment Layout Civic Center 1 -04-059-02421 298 Haul Route Excalibur Well Service Satellite Yard to Civic Center 1 t Head west toward S Main St SO ft r'Turn right onto main st Q.2mi rrurn right onto E Sepulveda Blvd 1.2mi ~Turn left onto S Wilmington Ave 1.4 r Turn right onto the 1-405 S ramp 0.2 1' Merge onto 1-405 S (24 miles) ~Keep left at the fork to stay on 1-405 S 2.9 r>"rake exit 18 for Bolsa Ave toward Goldenwest St Q.1 mi r>" Keep right to stay on Exit 18 follow signs for Bolsa Ave Golden West College 0.2 mi ~Turn left onto Westminster Mall 350ft rTurn right onto Goldentwest St 4.6 ~ Turn left onto Yorktown Ave 0.4ml rrurn right onto Union Ave 50ft Huntington Beach Civic Center 2000 Main St Huntington Beach, Ca. 299 Emergency Route Civic Center 1 to nearest Hospital (2.5 mile) t Exit location heac:I Northeast on Union Ave toward Yorktown Ave 50ft PTurn right onto Yorktown Ave 0.6mi ~ Turn left onto Beach Blvd 150ft PTurn right Ronalc;I Dr 135ft P Turn right 171ft ~ Turn left 410ft ~Turn left 207ft P Turn right 1(>7ft Huntington Beach Hospital-HB Hospital 17772 Beach Blvd, Huntington Beach, Ca. 92647 300 Route for First Aid Civic Center 1 to CareOnSite (25.7 miles) t Exit location head Northeast on Union Ave toward Yorktown Ave 50ft rTurn right onto Yorktown Ave 0.6mi +i Turn left onto Beach Blvd 3.7mi rTurn right onto the 1-405 N ramp 0.6ft ~ Merge onto 1-405 N 5.9mi +, Keep left to stay on 1-405 N 14mi ~Take exit 36 for Main St Q.3mi ~Turn left onto Figueroa St 0.7ml rrurn right onto W Del Amo Blvd 0.3 rrurn right 100ft +irurn left 150ft CareOnSlte 20300c S Vermont Ave, Terrace CA 90502 301 Progra111 Steps Huntington Beach Field Civic Center Lease Civic Center 2 API # 04-059-02447 • Mobilize rig and all equipn1ent to Civic Center 2. • Move in rig up hoist, mud pump, 2.5 power swivel, storage tank, catch tank, pipe trailer, & BOPE. • Monitor atmosphere for H2S, gases, and all other hazards. Monitor tubing and casing pressures. (Report to Con1pany Representative). NOTE: According to lease operator, all 3 wells have less than 20 ps1. • Install rod BOPE and function test (Report to Company Representative). Rig up rod equipn1ent and lay down rod assembly on a trailer, so we may haul the rods off and properly dispose of. • Nipple up 1 0" 900 series BOPE (blow out prevention equiptnent) with accumulator and function test BOPE per CalGEM's require1nents. NOTE: CalGEM to witness. • Pull out of hole with original production string. All tubing will be laid onto a pipe trailer and hauled off. 22034 'RoseaaCe Jfigfiway, 'Bali.ersfie{c{, CJ\. 93314 Plione: 661,589.5338 :Fax: 661,589.1089 302 • Run in hole with 7-5/8" drill bit, four 4-3/4" drill collars, and 2- 7 /8" 6.5# N-80 eue tubing to top of 8-5/8" 32/36# casing stub @ 2550'. Enter 8-5/8" casing and continue running in hole to top of cement plug@ 2732'. Rig up 2.5 power swivel, bi-eak circulation with working n1ud, and clean out from 2732' to 2750'. Ce111ent plug and wood plug fron1 2732' to 2750'. Cavity shot from 2743' to 2750'. Continue running in hole to top of 6-5/8" 26# casing stub @ 3265'. (Report to Company Representative). • Run in hole with 5-5/8" drill bit, four 4-3/4" drill collars, and 2- 7 /8" 6.5# N-80 eue tubing to top of cen1ent and wooden plug@ 3243'. Rig up 2.5 power swivel, break circulation with working 111y, and clean out fron1 3243' to 3265'. Tag 6-5/8" 26# casing stub @ 3265'. Enter 6-5/8" casing and continue running in hole while cleaning out to top of cement plug@ 3442' (Report to Company Representative,). • Rig up wireline and install 2M lubricator (function test). Fill hole with water. Log (CBL) cased hole fron1 cleanout depth to surface (Report to Con1pany Representative). NOTE: Squeeze jobs may be necessary based on top ofUSDW and BFW, according to estin1ated top of cement outside 11-3/4" casing. • Run in hole with 2-7/8" 6.5# N-80 eue open ended tubing to 3442' and rig up ce111ent equipment. Pun1p class G ce1nent from 3442' to 3165' in one stage (estimated 100' on top of6-5/8" stub). NOTE: CalGEM to witness. • Run in hole with 2-7 /8" tubing and tag top of cen1ent plug @ 3165' (CalGEM to witness). Rig up ce1nent equipment and pump class G cen1ent from 3165' to 2732' in two 216.5' stages. NOTE: CalGEM to witness. 22034 'lwseaafe J[igfi:way, 'Bafier~f{e{c(, CJ\. 93314 'Plione: 661,589.5338 :fax: 661,589.1089 303 • Run in hole with 2-7 /8" tubing and tag top of cement plug @ 2732' (CalGEM to witness). Rig up cen1ent equipn1ent and pump class G cen1ent from 2732' to 2450' in one stage (esti111ated 100' on top of 8-5/8" st11b ). NOTE: Cal GEM to witness. • Run in hole with 2-7 /8" tubing and tag top of cement plug@ 2450' (CalGEM to witness). Pressure test casing to 500 psi. Rig up ce111ent equipment and pump class G cement from 2450' to 2030' in one stage (estimated top of ce111ent on the outside of the 11-3/4" casing. NOTE: CalGEM to witness. • Rig up wireline and install wireline 2M lubricator (f·unction test). Perforate 4 half inch holes per foot fron1 1900' to 1895', 20 total shots (Report to Company Representative). CalGEM to witness. • Run in hole with 2-7/8" tubing and tag top of cement plug@2030' (CalGEM to witness). Rig up cen1ent equipment and pump class G cement fron1 2030' to 1800' in one stage. Braden head squeeze 100 linear feet outside 11-3/4" casing. NOTE: CalGEM to witness. • Rig up wireline and install wireline 2M lubricator (function test). Perforate 4 half inch holes per foot from 1500' to 1495', 20 total shots (Report to Co1npany Representative). CalGEM to witness. • Run in hole with 2-7/8" tubing and tag top of ce1nent plug@ 1800' (CalGEM to witness). Rig up ce111ent equipment and pmnp class G cement fron1 1800' to 1400' in one stage. Braden head squeeze 100 linear feet outside 11-3/4" casing. NOTE: CalGEM to witness. • Run in hole with 2-7 /8" tubing and tag top of cement plug@ 1400' (Cal GEM to witness). Pump 150 barrels of 73# 26 shear abandon1nent n1ud. Abando11111ent mud will be placed from 1400' to 150' fron1 surface. NOTE: CalGEM to witness. 22034 'RosecCa(e :Higfi:way, 'Bafiersfie(c(, C.'A 93314 Plione: 661,589.5338 :Jax: 661.589.1089 304 • Rig up wireline and install wireline 2M lubricator (function test). Perforate 4 half inch holes per foot from 150' to 145', 20 total shots. (Report to Company Representative). • Run in hole with 2-7 /8" tubing to 150'. Rig up cement equip1nent and pump class G cement from 150' to surface (inside and outside of casing. NOTE: CalGEM and Huntington Beach Fire Department to witness. • Nipple down 1 0" 900 series BOPE and secure well. Rig down hoist and rig out all equip1nent. • Witness ce1nent at surface, perform leak test(?), cut casing between 5' and 10' from surface grade, tac weld n1etal top plate onto casing with required information, install vent cone and con1plete surface restoration (restore job sit). NOTE: CalGEM and Huntington Beach Fire Department to witness. "Job Complete" 22034 'Roseaale Jfigliway, 'Bafi.ersfie(a, CJl 93314 'Phone: 661,589,5338 :fax: 661,589.1089 305 Location Layout Civic Center 2 -04-059-0244 7 Excalibur's Best Practice is Right in I Right out when arriving and departing location. (Safe Meeting areas and Entrances may change due to well, site, and safety considerations) 306 Proposed Equipment Layout Civic Center 2 -04-059-0244 7 307 Haul Route Excalibur Well Service Satellite Yard to Civic Center 2 t Head west toward S Main St 50 ft rTurn right onto main st Q.2mi rTurn right onto E Sepulveda Blvd 1.2ml ~Turn left onto S Wilmington Ave 1.4 r Turn right onto the 1-405 S ramp Q.2 ?:. Merge onto 1-405 S (24 miles) ~ Keep left at the fork to stay on 1-405 S 2.9 r-"' Take exit 18 for So Isa Ave toward Goldenwest St 0.1 mi ~ Keep right to stay on Exit 18 follow signs for Bolsa Ave Golden West College 0.2 ml ~Turn left onto Westminster Mall 350ft rrurn right onto Goldentwest St 4.6 ~ Turn left onto Yorktown Ave 0.4ml rrurn right onto Union Ave 150ft rrurn right left Huntington Beach Civic Center 2000 Main St Huntington Beach, Ca. 308 Emergency Route Civic Center 2 to nearest Hospital (2.5 mile) 1' Exit location head south towards Union Ave toward Yorktown Ave 100ft +i Turn left onto Union Ave 100ft f4Turn right onto Yorktown Ave 0.6mi +i Turn left onto Beach Blvd 1. 7mi f4Turn right Ronald Or 150ft f4 Turn right 150ft fi Turn left 400ft +irurn left 200ft f4 Turn right 150ft Huntington Beach Hospital -HB Hospital 17772 Beilch Blvd, Huntington Beach, Ca. 92647 309 Route for First Aid Civic Center 1 to CareOnSite (2S,7 miles) 1' 1' Exit loc;ation head south towards Union Ave toward Yorktown Ave 100ft r-Turn right onto Union Ave 250ft rrurn right onto Huntington Beach City Hall 250ft ~Turn left onto Yorktown Ave Q.3mi r Turn right onto Goldenwest st 4. 7mi rt Use the right lane to take 1-405 N ramp 0.3 ~ Merge onto 1-405 N 14ml ~ l<eep left to stay on 1-405 N 14mi rt rake exit 36 for Main St 0.3mi ~Turn left onto Figueroa St Q.7mi rTurn right onto W Del Amo Blvd Q.3 rTurn right 100ft f-iTurn left 150ft CareOnSite 20300c S Vermont Ave, Torrace CA 90502 310 \\'El .J. SERVICES l'<)RI~ Progra1n Steps Huntington Beach Field Civic Center Lease Civic Center 3 API # 04-059-02422 • Mobilize rig and all equipment to Civic Center 3. • Move in rig up hoist, mud pu111p, 2.5 power swivel, storage tank, catch tank, pipe trailer, & BOPE. • Monitor atn1osphere for H2S, gases, and all other hazards. Monitor tubing and casing pressures. (Report to Company Representative). NOTE: According to lease operator, all 3 wells have less than 20 ps1. • Install rod BOPE and function test (Report to Company Representative). Rig up rod equipn1ent and lay down rod asse111bly on a trailer, so we 111ay haul the rods off and properly dispose of. • Nipple up 8" 900 series BOPE (blow out prevention equip1nent) with accumulator and function test BOPE per CalGEM's requirements. NOTE: CalGEM to witness. • Pull out of hole with original production string. All tubing will be laid onto a pipe trailer and hauled off. • Run in hole with 4-3/4" drill bit, four 3-1 /8" drill collar, and 2-7 /8" 6.5# N-80 eue tubing and clean out to top of2-7/8" inner liner@ 22034 'Roseaa{e 3figfiway, 'Bafiersfie(c{, C.JI. 93314 Pfwne: 661.589,5338 j'ax: 661.589.1089 311 2345'. NOTE: Inner liner must come out before cementing the holes fron1 2345' to 2304' due to possibility of not being able to recover/fish inner liner. • Run in hole with 4-11/16" overshot, four 3-1/8" drill collars, 3- 1/8" hydraulic jars, energizer, and 2-7/8" 6.5# N-80 eue tubing to top of 2-7 /8" inner liner @ 2345 '. Engage onto 2-7 /8" inner liner and work free. Pull out of hole with 2-7 /8" inner liner and lay down 306' of2-7/8" tubing (10 joints) (Report to Company Representative). • Run in hole with 4-3/4" drill bit, four 3-1/8" drill collar, and 2-7 /8" 6.5# N-80 eue tubing and clean out to top of2-3/8" fish@ 3654'. • Run in hole with 4-11/16" overshot, four 3-1/8" drill collars, 3- 1/8" hydraulic jars, energizer, and 2-7 /8" 6.5# N-80 eue tubing to top of 2-3/8" fish@ 3654'. Engage onto 2-3/8" fish and work free. Pull out of hole with 2-3/8" fish and lay down 346' of 2-3/8" tubing (11 joints) (Report to Company Representative). • Run in hole with 4-3/4" drill bit and 2-7 /8" 6.5# N-80 eue tubing and clean out to 4094'. NOTE: CalGEM to witness. • Rig up wireline and install 2M lubricator (function test). Fill hole with water. Log (CBL) cased hole fron1 cleanout depth to surface (Report to Company Representative). • Run in hole with 2-7 /8" 6.5# N-80 eue open ended tubing to 4094' and rig up ce111ent equipment. Pmnp class G cement fro111 4094' to 3494' in two 300' stages. NOTE: CalGEM to witness. • Run in hole with 2-7 /8" tubing and tag top of cement plug@ 3494' (CalGEM to witness). Rig up cement equipment and pump class G 22034 1{osecCa{e ,1{igfiway, 'Baliersfie{c{, CJ\ 93314 Plione: 661,58.9.5338 ]'ax: 661,589.1089 312 ce111ent from 3494' to 2894' in two 300' stages. NOTE: CalGEM to witness. • Run in hole with 2-7/8" tubing and tag top of ce111ent plug@ 2894' (CaIGEM to witness). Rig up cement equip111ent and pump class G cement from 2894' to 2399' in two 247.5' stages. NOTE: CalGEM to witness. • Run in hole with 2-7 /8" tubing and tag top of ce1nent plug@ 2399' (CalGEM to witness). Pressure test casing to 500 psi. Rig up cement equipment and pump class G cement fron1 2399' to 1799' in two 300' stages. NOTE: CaIGEM to witness. • Run in hole with 2-7/8" tubing and tag top of cement plug@ 1799' (CalGEM to witness). Rig up cen1ent equipment and pun1p class G cement fron1 1799' to 1315' in two 242' stages. NOTE: CalGEM to witness. • Run in hole with 2-7 /8" tubing and tag top of cen1ent plug @ 1315' (CalGEM to witness). Pump 46 barrels of 73# 26 shear abandonment 111ud. Abandonment 111ud will be placed from 1315' to 150' fron1 surface. NOTE: CalGEM to witness. • Rig up wireline and install wireline 2M lubricator (function test). Perforate 4 half inch holes per foot fron1 150' to 145 ', 20 total shots. (Report to Company Representative). • Run in hole with 2-7 /8" tubing to 150'. Rig up ce1nent equipment and pump class G ce111ent fron1 150' to surface (inside and outside of casing: NOTE: CalGEM and Huntington Beach Fire Department to witness. • Nipple down 8" 900 series BOPE and secure well. Rig down hoist and rig out all equipment. 22034 'lwsec(a{e J-figfiwa.y, 13af<.ersfieCc(, C.'A 93314 Pfione: 661,589.5338 j'ax: 661,589.1089 313 • Witness ce1nent at surface, perform leak test(?), cut casing between 5' and 1 0' from surface grade, tac weld 1netal top plate onto casing with required inforn1ation, install vent cone and complete surface restoration (restore job sit). NOTE: CalGEM and Huntington Beach Fire Department to witness. "Job Co1nplete" 22034 'Rosecfa(e Jfigliway, 'Ba.fi.ersfie{c[, C.'A 93314 1lfione: 661.589,5338 :ra.x: 661,589.1089 314 Location Layout Civic Center 3 -04-059-02422 Excalibur's Best Practice is Right in / Right out when arriving and departing location. (Safe Meeting areas and Entrances may change due to well, site, and safety considerations) 315 Proposed Equipment Layout Civic Center 3 -04-059-0242Z 316 Haul Route Excalibur Well Service Satellite Yard to Civic Center 3 t Heacj west towar<f s Main St SQ ft rn1rn right onto main st ().2mi ~Turn right onto E Sepulveda Blvd 1.2ml ~Turn left onto S Wilmington Ave 1.4 r Turn right onto the 1-405 S ramp 0.2 1' Merge onto 1-405 S (24rniles) ~ l<eep left at the fork to stay on 1-405 S 2.9 ytTake exit 18 for Bolsa Ave toward r::nlrl,::,nw,::,<:t <an 1 mi ~ l<eep right to stay on Exit 18 follow signs for Bolsa Ave Golden West College 0.2 mi ~TtJrn left onto Westminster Mall 350ft ~Turn right onto Goldentwest St 4.6 ~ Turn left onto Yorktown Ave 0.4ml ~Turn right onto Huntington Beach City Hall 50ft Huntington Beach Civic Center 2000 Main St Huntington Beach, Ca. 317 Emergency Route Civic Center 3 to nearest Hospital (2.2 mile) t Exit location head north on Huntington Beach City Hall towards Yorktown Ave 50ft +i Turn left onto Yorktown Ave 300ft rTurn right onto Main St 1.3mi +i Turn left onto Beach Blvd 0.7mi rrurn right Ronald Dr 150ft r Turn right 150ft +i Turn left 400ft +iTurn left 200ft r Turn right 150ft l-luntingtc;m Beach Hospital -HB Hospital 17772 Beach Blvd, Huntington Beach, Ca. 92647 318 Route for First Aid Civic Center 1 to CareOnSite (25 miles) t Exit location head north on towards Huntington Beach City Hall towards Yorktown Ave 50ft ~Turn left onto Yorktown Ave Q.3mi f"7 Turn right onto Goldenwest st 4.7ml ~ Use the right lane to take 1-405 N ramp 0,3 ~ Merge onto 1-405 N 14mi ~ l<eep left to stay on 1-405 N 14mi ~Take exit 36 for Main St 0.3ml ~Turn left onto Figueroa St 0.7mi f"7Turn right onto W Del Amo Blvd 0.3 1"7Turn right 100ft firurn left 150ft CareOnSite 20300c S Vermont Ave, Torrace CA 90502 319 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 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 CONSULT ANT 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. CONSUL TANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) B) C) D) E) completed. Reference this Agreement; Describe the services performed; Show the total amount of the payment due; 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 For all payments include an estimate of the percentage of work 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 CONSULT ANT in writing of the reasons for non-approval and the schedule of performance set 23-13803/324318 12 320 forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULT ANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 23-13803/324318 13 321 EXHIBIT B Civic Center 1 -API 04-059-02421 Estimated Rig Days to Complete Abandonment: _1_7 __ (Include all taxes, surcharges, chargebacks to be added to 3rd party invoices) (Bidders may use their own form, but it must be as detailed / more detailed than this form) Service Rig and Crew (specify staffing) 1 Operator & 2 hands Rig Safety Anchors • Power Swivel BOPE (specify equipment) 6" 900 series Mud Pump • Bottom Hole Assembly (spet1ty equip) 61/8 bit, 4 3/4 bit, 4-4 3/4 drill ~ollars pac;kage casing spear, bumper sub, jars & energizers, scraper, travel time and service and for 2 dayi Mobilization Fee Diesel for ·equipment Work Strlng Inspection Work String Rental (specify equipment) 2 7 /8 N 80 tubing Packers (specific sizes to be used) 7" 20#-23# bridge plug to install new well head Surface Equipment ·(specify) Private Fencing APandonment Muo / working mud Trash Container Cement Bond Log Perforating Job City Water Cement Bulk Truck Cement Pump Truck Cement (detail cement and additives) Class G Cement Tank Rentals/ storage tank & catch tank Vacuum Trucks Mud/ Fluid Disposal ( end of job) • Cellar / Pad Removal / Site Restoration MumlnlScranve I....OSC/ only on Excalibur invoices Site Security Porta Potty Rental Rig Supervision Rig Crew Per Diem Cement Supervision Cement Crew Per Diem Rig Stanooy 1....nargestvn,yITtnefl!ISOONnnM~•Y·u=· Totals Unit Unit Cost Hour $999 $699.00 Job N/A Monthly • $5,000.00 Monthly $8,200.00 Monthly $10,000.00 Job Lump Sum Monthly $9,750.00 Job $8,000.00 Gallon $9.00 per gallon Per Foot N/A Per Foot / Day $0.30 Job $9,500.00 Month $2,500.00 Barrel $23.00 Monthly N/A job $10,000.00 Job $10,000.00 Gallon $0.18 Hour $170.00 Hour $590.00 Cubic Foot $17.00 Monthly $1,000.00 Hour $232.00 Barrel $23.00 Job $35,871.00 Job 6% Monthly $3,800.00 Monthly $200.00 Oay / Shift $1,200.00 Day/ Employee $600.00 Day/ Shift $1,200.00 Day/ Employee $600.00 (detail) 4 hrs a day at $699 BEST AND FINAL IN UPDATED DOCUMENT Units Estimated Cost 500 138 $96,462.00 N/A N/A 1 ·ss,000.00 1 $8,200.00 l • $10,000.00 1 1 $9,750.00 1 $8,000.00 138 $1,242.00 N/A N/A 34,000 $10,200.00 1 $9,500.00 1 $2,500.00 265 $6,095.00 N/A N/A 1 $10,000.00 1 $10,000.00 16,800 $3,024.00 55 $9,350.00 35 $20,650.00 507 $8,619.00 1 $1,000.00 100 • $23,200.00 544 $12,512.00 1 $35,871.00 $173,678.00 $10;420.00 1 $3,800.00 1 $200.00 17 $20,400.00 17 $10,200.00 7 $8,400.00 7 $4,200.00 .00 $358,795.00 322 Civic Center 2 -API 04-059-02447 Estimated Rig Days to Complete Abandonment: _1_6 __ (Include all taxes, surcharges, chargebacks to be added to 3rd party invoices) (Bidders may use their own form, but it must be as detailed / more detailed than this form) Service Rig and Crew (specify staffing) Rig Safety Anchors Power Swivel BOPE ( specify equipment) 10" 900 Series Mud Pump Bottom Hole Assembly (specify equip) 61/8 bit, 4 3/4 bit & 4-4 3/4 drill collar package Mobilization Fee/ move rig to next location Diesel for equipment Work String Inspection Work String Rental (specify equipment) 2 7 /8 N80 Tubing Packers (specific sizes to be used) Surface Equipment (specify) Private Fencing Abandonment Mud / Wor1dng Mud Trash Container Cement Bond Log Perforating Job City Water Cement Bulk Truck Cement Pump Truck Cement (detail cement and additives) Class G Cement Tank Rentals/ Storge & catch tank Vacuum Trucks Mud/ Fluid Disposal (end of job) Cellar/ Pad Removal / Site Restoration Aam1rnstrat1ve c.;ost / Only on Excalibur Invoices Site Security Porta Potty Rental Rig Supervision Rig Crew Per Diem Cement Supervision Cement Crew Per Diem Ria Standbv Charaesfonly~therig~downmonday-friday Totals . . Unit Unit Cost Hour $699.00 Job N/A Monthly $5,000.00 Monthly $8,200.00 Monthly $10,000.00 Job $5,160.00 Job $5,000.00 Gallon $9.00 Per Foot N/A Per Foot / Day $0.30 Job N/A Month $2,500.00 6arrel $23.00 Monthly N/A Job $10,00.00 Job $30,000.00 Callon $0.18 Hour $170.00 Hour $590.00 Cubic Foot $17.00 Monthly $1,000.00 Hour $232.00 Barrel $23.00 Job $38,896.00 Job 6% Monthly $3,800.00 • Monthly $200.00 Day/ Shift $1,200.00 Day /Employee $600.00 l)ay / Shift $1,200.00 Day/ Employee $600.00 (detail) 4 hrs a day at BEST AND FINAL IN UPDATED DOCUMENT $6< Units Estimated Cost 126 $88,074.00 N/A N/A i $5,000.00 1 $8,200.00 1 $10,000.00 1 $5,160.00 1 $5,000.00 126 $1,134.00 NJA N/A 30,000 $9,000.00 N/A N/A 1 $2,500.00 572 $13,156.00 N/A N/A 1 $10,000.00 1 $30,000.00 16,800 $3,024.00 75 $12,750.00 40 $23,600.00 1,387 $23,579.00 1 $1,000.00 90 $20,880.00 924 $21,252.00 1 $38,896.00 $191,647.00 $11,498.00 1 $3,800.00 1 $200.00 16 $19,200.00 16 $9,600.00 7 $8,400.00 7 $4,200.00 s.oo $389,103.00 323 Civic Center 3 -API 04-059-02422 Estimated Rig Days to Complete Abandonment:_1_6 __ (Include all taxes, surcharges, chargebacks to be added to 3rd party invoices) (Bidders may use their own form, but it must be as detailed / more detailed than this form) Service Rig and Crew (specify staffing) Rig Safety Anchors Power Swivel BOPE (specify equipment) 611 900 Series Mud Pump Bottom Hole Assembly (specify equip) 4 3/4" bit, 4-3 1/8" Drill Collar package 4 11/16" overshot, bumper sub, jars & energizers, impression block, 4 3/4" concave mill & service man Mobilization Fee/ Back to yard Diesel for equipment Work String Inspection Work String Rental (specify equipment) Packers (specific sizes to be used) Surface Equipment (specify) Private Fencing Abandonment Mud/ Working Mud Trash Container Cement Bond Log Perforating Job City Water Cement Bulk Truck Cement Pump Truck Cement (detail cement and additives) Class G Cement Tank Rentals Vacuum Trucks Mud/ Fluid Disposal (end of job) Cellar/ Pad Removal / Site Restoration Administrative Cost/ Only on Excalibur Invoices Site Security Porta Potty Rental Rig Supervision Rig Crew Per Diem Cement Supervision Cement Crew Per Diem Ria Standbv Charaes/Onlylftheriglsdownmonday-friday Totals Unit Unit Cost Hour $699.00 Job N/A Monthly $5,000.00 Monthly $8,200.00 Monthly $10,000.00 Job $20,227.00 Job $10,000.00 Gallon $9.00 Per Foot $1.30 Per Foot / Day $0.30 Job N/A Month $2,500.00 ~arrel $23.00 Monthly N/A Job $10,000.00 Job $10,000.00 Gallon $0.18 Hour $170.00 Hour $590.00 Cubic Foot $17.00 Monthly N/A Hour $232.00 Ba·rrel $23.00 Job $38,896.00 Job 6% Monthly $3,800.00 Monthly $200.00 Day/ Shift $1,200.00 Day/ Employee $600.00 bay/ Shift $1,200.00 [)ay / Employee $600.00 (detail) 4 hrs a day@ $699.l ~ BEST AND FINAL IN UPDATED DOCUMENT Units Estimated Cost 128 $89,472.00 N/A N/A 1 $5,000.00 1 $8,200.00 1 $10,000.00 1 $20,227.00 1 $10,000.00 128 $1,152.00 4094 $5,322.00 32087 $9,626.00 N/A N/A 1 $2,500.00 261 $6,003.00 N/A N/A 1 $10,000.00 1 ~10,000.00 16,800 $3,024.00 45 $7,650.00 30 $17,700.00 535 $9,095.00 N/A N/A 90 $20,880.00 490 $11,270.00 1 $38,896.00 $204,252.20 $12,255.00 1 $3,800.00 1 $200.00 16 $19,200.00 16 $9,600.00 6 $7,200.00 6 $3,600.00 $351,872.00 324 SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND O.C. VACUUM, INC. FOR CIVIC CENTER LEASE CLOSURE 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 called "City," and O.C. Vacuum, Inc., a California Corporation, hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of Hazardous Substances Removal and Remedial Actions. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field. Contractor has been selected to perform these services pursuant to Huntington Beach Municipal Code Chapter 3.02. NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. Scope of Services Contractor shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "Project." Contractor hereby designates David Carrasco 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 Contractor in the performance of this Agreement. 23-13 802/324317 1 325 3. Compensation a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit "B." The total sum to be expended under this Agreement, shall not exceed Four Hundred Five Thousand Five Hundred Fourteen Dollars ($405,514.00) during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Contractor shall be paid pursuant to the terms of Exhibit "B." 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence ____ , or as soon as practicable after the execution of this Agreement by City (the "Commencement Date") and terminate three (3) years from Commencement Date, unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for 2 additional one-year periods if mutually agreed to in writing by both parties. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. 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," Contractor 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. Disposition of Plans, Estimates and Other Documents Contractor 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, date or programs, maps, memoranda, letters and other documents, shall belong to City, and Contractor 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. 23-13 802/324317 2 326 7. Hold Harmless Contractor 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, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to Contractor's employees and damage to Contractor's property, arising directly or indirectly out of the obligations or operations herein undertaken by Contractor, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractor's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 8. Workers Compensation Insurance Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; Contractor covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Contractor shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Contractor shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. 9. General Liability Insurance In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend, hold harmless and indemnify City, Contractor shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service. This policy shall indemnify Contractor, 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 Project/Service, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, 23-13802/324317 3 327 the aggregate limit must be no less than One Million Dollars ($1,000,000) 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) for this Project/Service. This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be pnmary. 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. 10. Automobile Liability Insurance Contractor shall obtain and furnish to City an automotive liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and a separate "Additional Insured Endorsement" page listing both the policy number and naming the "City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers" as additional insured on the endorsement. The above-mentioned insurance shall not contain a self-insured retention, "deductible" or any similar form of limitation on the required coverage except with the express written consent of City. 11. Certificate of Insurance Prior to commencing performance of the work hereunder, Contractor shall furnish to City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: a. provide the name and policy number of each carrier and policy; b. state that the policy is currently in force; and c. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. Contractor shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by City. This requirement for carrying the foregoing insurance coverage shall not derogate from Contractor's defense, hold harmless and indemnification obligations as set forth in this Agreement. City or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. Contractor shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 23-13802/324317 4 328 12. Independent Contractor Contractor is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City. Contractor shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for Contractor and its officers, agents and employees and all business licenses, if any, in connection with the Project and/or the services to be performed hereunder. 13. Conflict of Interest Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 14. Termination This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. Exclusivity and Amendment This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the paiiies. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 23-13 802/324317 5 329 16. Assignment Inasmuch as to this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 17. City Employees and Officials Contractor 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. 18. Notices Any notices, certificates, or other communications hereunder shall be given either by personal delivery to Contractor'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 below. City and Contractor may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U.S. ce1iified U.S. certified mail-return receipt requested: To City: City of Huntington Beach Attn: Fire Chief 2000 Main Street Huntington Beach, CA 92648 19. Consent Contractor: O.C. Vacuum, Inc. Attn: David Carrasco 9635 Santa Fe Springs Rd. Santa Fe Springs, CA 90670 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 transactions or event. 20. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both pa1iies. 23-13802/324317 6 330 21. 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. 22. 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 Av,reement. 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 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. 23. 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. 24. Immigration Contractor shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in paiiicular, comply with the provisions of the United States Code regarding employment verification. 25. Legal Services Subcontracting Prohibited Contractor and City agree that City is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. Contractor understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for City; 23-13 802/324317 7 331 and City shall not be liable for payment of any legal services expenses incurred by Contractor. 26. Confidentiality Contractor recognizes that in the performance of its duties under this Agreement, it must conduct its activities in a manner design0d to protect information of a sensitive nature from improper use or disclosure. Contractor warrants that it will use reasonable efforts consistent with practices customary in the facilities management industry in recruiting, training and supervising employees and in otherwise performing its duties hereunder in order to achieve this result. In the furtherance of this, Contractor agrees, at the request of the City, to require its employees to execute written undertakings to comply with the foregoing confidentiality provision. 27. Discrimination Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 28. Jurisdiction -Venue This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 29. Professional Licenses Contractor shall, through the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Huntington Beach and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 23-13 802/324317 8 332 30. 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. 31. Survival Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 32. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of California. 33. Signatories Each undersigned represents and waiTants 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. 34. Entirety (a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement warranty, fact or circumstance not expressly set forth in this Agreement. (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 23-13802/324317 9 333 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) See attached Exhibit A. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: SEE ATTACHED EXHIBIT A C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: 23-13802/324317 11 336 EXHIBIT A City of Huntington Beach Request for Proposals No. 23-0915-3 CIVIC CENTER LEASE CLOSURE RFP Due Date: Friday, September 15, 2023 by 4:00pm RFP Administrator: Jennifer Anderson, Senior Buyer Jennifer.Anderson@surfcity-hb.org Submitted By: PO Box 91951 City of Industry, CA 91715 Toll Free: (877) 984-8178 Phone: (562} 984-8178 Fax: (562) 984-7559 9635 Santa Fe Springs, Ca. 90670 562.984.8178 Fax 562.984.7559 337 To Whom It May Concern, O.C. Vacuum, Inc. is a fully licensed, General A Contractor with a Certification in Hazardous Substances Removal and Remedial Actions. O.C. Vacuum, founded by Oscar Carrasco in 1978, is a California Corporation and a certified SBE (Small Business Enterprise) and WMBE (Woman/Minority Business Enterprise), providing 24-hour emergency response, over the water spill response, storm water services, and hazardous and non-hazardous waste remediation, transportation services, well abandonment and Lease closure. O.C. Vacuum, Inc. is focused on providing effective and sustainable environmental services and solutions serving businesses, large and small, as well as state and federal agencies. With over 44 years of waste remediation and transportation experience, O.C. Vacuum prides itself in providing quality and reliable service to our customers. O.C. Vacuum, Inc. 's fleet is unmatched, new; clean air certified equipment ensures our ability to handle any project, at any time. Employees are 40-Hour HAZWOPER Certified, Confined Space Certified, Confined Space Rescue Certified, and TWIC (Transportation Worker Identification Credential) Certified. We are confident that with our experienced workforce, we will be able to service your needs with consistency and a high level of professionalism. O.C. Vacuum, Inc. is committed to keeping our land, lakes, rivers, and coastal waters protected. With a knowledgeable workforce, and a great support staff we are able to stay competitive and well informed in this ever-changing, dynamic industty. Our team is prepared to respond to your waste management and emergency response needs both effectively and efficiently, 24 hours a day, 7 days a week. All work shell be done by O.C. Vacuum, Inc. no subcontractors will be needed. Scope O.C. Vacuum, Inc. agrees to provide to the city all materials, equipment, labor, travel, and services to abandon facilities according to specifications listed in the Well Conditions and Abandonments Specifications. We agree to start work no later than (30) days after City approval, or mutually agreed upon time and to complete the work by the end of contract term, Well work and services shall be performed on the Civic Center lease located at 2000 Main Street, Huntington Beach, California as well the public right away from the Civic Center to the Miley Keck Tank Farm. See specific well locations in the Well Conditions and Abandonments Specifications Work shall not commence until: 1. The Contract has been awarded, executed, and approved by the City. 2. All California Geologic Energy Management Division (Cal-GEM) and Huntington Beach Fire Department permits have been obtained by the Contractor and made available to the City upon request. 9635 Santa Fe Springs, Ca. 90670 562.984.8178 Fax 562.984.7559 338 The operating hours shall be no earlier than 7:00am and no later than 7:00pm due to well proximity to residents. The activity shall comply with the noise control requirements stated in Section 8.40.090(D) of the Huntington Beach Municipal Code. City of Huntington Beach Civic Center Facilities Location: The Civic Center facilities are located just north of Civic Center 1 in the parking lot of the City of Huntington Beach Civic Center, located at 2000 Main Street, Huntington Beach, CA 92648. The scope includes the removal or abandonment of flowlines and pipelines that connect the three oil wells to the Miley Keck Tank Farm. Condition: The facilities are Active [Shut-In (non-operating)]. Equipment: Flowlines: Civic Center 2 and 3 connect to the manifold adjacent to Civic Center 1 Gas Lines: Civic Center 2 and 3 connect to the manifold adjacent to Civic Center 1 Gathering Line: Civic Center 1 to Miley Keck Tank Farm Gas Separator 1: Located adjacent to the Civic Center 1 Gas Separator 2: Located adjacent to the Civic Center 1 Ball Separator: Located adjacent to the Civic Center 1 Gas Release Vent: Located adjacent to the Civic Center 1 The following operations will be performed to remove and dispose of the Civic Center lease facilities: 1. All tanks, vessels, above-ground pipelines, debris, and other facilities shall be decommissioned and removed. Toxic or hazardous materials shall be removed and disposed of in accordance with Department of Toxic Substances Control requirements. a. LEL meter will be used to monitor air around work area. b. Vacuum truck will be used to pump liquids from tanks, Vessels and pipelines. c. Technicians will unbolt flanges to drain any liquids from pipelines in to vacuum truck. When necessary, pipes may be cold cut to drain and remove, then loaded into scrap bin. Tanks will be emptied, and pressure washed (hot water) till LEL is at 0%. Tanks will then be disconnected and removed for scrap. d. All tanks, vessels and pipelines will be hot water washed to the extend that they will be excepted at the metal recycler. e. All liquids will be profiled, manifested and hauled to Disposal facility. f. Break and remove all concrete and asphalt associated with tanks, vessels and pipelines then loaded into roll-off bins and hauled to concrete recycler. 2. O.C. Vacuum, Inc. will conduct daily tailgate safety meeting with all crew members. Topics shall include trip, slip, and fall, proper PPE, chemical awareness, safe driving protocols, emergency driving procedures in case of an accident, and evacuation procedures in case of a natural disaster. The meeting will be noted on the tailgate safety meeting form, along with the names and signatures of all personnel present. All O.C. Vacuum, Inc. personnel are confine space and rescue trained. All drivers and technical have 40hour haz-mat training. Construction shall be conducted, with minimum practicable surface disturbance. 9635 Santa Fe Springs, Ca. 90670 562.984.8178 Fax 562.984.7559 339 LEASE RESTORATION GUIDELINES Lease restoration leaves the site in a condition that blends with and is compatible with the surrounding land. It involves the plugging and abandonment of wells, and the removal of all surface facilities and oilfield related refuse from the property. Unless required in Well Conditions and Abandonment Specifications section, the City does not require the re-grading of well sites to match surrounding land contours, reseeding, or removal of roads. Restoration shall include compliance with Section 15.32.060 of the Huntington Beach Oil Code and include the following: 1. Construction, with minimum practicable surface disturbance, of temporary vehicle access to all wells and facilities. 2. Removal of any identifiable drums of chemicals that may be on the lease. a. O.C. Vacuum Inc. is a license hazardous waste transporter. All drums will be profiled and manifested for proper disposal. 3. Sampling and running sufficient tests on unknown fluids remaining in tanks, sumps and other containers, as directed, to categorize their contents as hazardous or nonhazardous as defined in Section 25117, Division 20, Chapter 6.5, of the California Health and Safety Code. a. On Site Raz cat of unknown fluids and solids from tanks, sumps, and containers. Materials will be profiled and manifest for proper disposal. 4. Sampling and running agricultural geochemical water analysis of produced water in tanks/sumps, as directed, if the water will not be disposed of on site. a. Produced water will be profiled and manifested for off site disposal. 5. Proper disposal of all produced water. (Sell/ship all oil, if applicable, retain invoices.) 6. Sampling of sump sludge, tank bottoms, unknown fluid filled drums, and facilities, as directed, for hazardous materials. a. On Site Haz cat of unknown fluids and solids from tanks, sumps, and containers. Materials will be profiled and manifest for proper disposal. 7. The performance of subsurface well work, removal of surface facilities not requiring the results of the laboratory analysis, and cleanup of oilfield refuse. Refuse and facilities removal includes, but is not limited to, removal of all: surface flowlines, electrical lines and power poles to the utility company meter, and production facilities and equipment. 8. Dispose or road mix tank bottoms and sump sludge iflaboratory results show wastes are non-hazardous. Hazardous wastes must be disposed of in accordance with DTSC requirements. 9. Hazardous wastes must be disposed of in an appropriate manner. a. All waste will be profiled and manifested for disposal per DTSC requirements 10. Purging of oil from all buried pipelinr.R and filling them with inert an inert fluid and verifying that the purged oil and fluid has exited the pipeline and performing the proper collection and disposal. The pipelines serving the three Civic Center lease wells shall be drained of fluids and cleaned. a. Vacuum tmck will pump all fluids from pipelines flushing with hot water. Fluids will be profiled and manifested for proper disposal. The portions of these pipelines, including underground lines, within the property shall be removed, 9635 Santa Fe Springs, Ca. 90670 562.984.8178 Fax 562.984.7559 340 a. Above and underground lines will be excavated and removed to scrap bin. If needed we may vacuum excavate underground pipelines if near any utilities that are suspected in the area. and the portions of the pipelines located outside of the property shall be filled with controlled low strength material (CLSM). The ends of the lines shall be capped as per industry standards. The gathering line used to transfer oil and water to the Miley Keck Tank Farm (MKTF) shall be drained of fluids and cleaned, Portion of this gathering line within the Civic Center parking lot shall be removed. The Civic Center parking lot end of this gathering line shall be capped as per industry standards. a. Lines will be fitted with 2" valves on both ends to fill pipelines with cement slurry using a cement pumper, cement truck and vacuum truck to pump till lines are full. All lines outside of property will be capped. 11. Complete the restoration and contact Cal-GEM for approval of work. Note: It is the responsibility of the Contractor to complete a satisfactory lease restoration per the Lease Restoration Guidelines References: 1. Excalibur Well Service 22034 Rosedale Hwy. Bakersfield, Ca. 93314 Kevin Araebaio (661) 978-1457 Well service support Vacuum trucks, roll-off trucks, Backhoe, cellar demo, vapor cone placement. 2. Rival Well Service 18812 Highway 65 Bakersfield Ca. 93308 Bob Gracin (661) 978-1461 Well service support Vacuum trucks, roll-off trucks, Backhoe, cellar demo, vapor cone placement 3. Craig Krummrich 1536 Eastman Ave.B Ventura, Ca. 93003 Phone(805)766-1611 Huntington Beach project Removed Process tanks, pump jack, pipelines and placed vapor cone. 4. Galitzen Properties 3153rd St. Huntington Beach Ca. 92648 Don Galitzen (714) 362-4651 Well service support Vacuum trucks, roll-offtmcks, Backhoe, cellar demo, vapor cone placement 9635 Santa Fe Springs, Ca. 90670 562~984.8178 Fax 562.984.7559 341 Licenses & Permits O.C. Vacuum, lnc.'s equipment and personnel are fully permitted to handle, package, transport, and dispose of various non-hazardous and hazardous waste streams in the State of California. Copies of all licenses & permits listed below are kept on file and available upon request. 1. State of California Contractors State License Board Number: 70671 O; General A Contractor; Hazardous Substances Removal and Remedial Actions Certification 2. State of California Department of Fish and Wildlife OSRO Rating Later 3. State of California Department of Fish and Wildlife Certificate of Financial Responsibility (OSRO) Certificate #3-2474-00-026 4. State of California Department of Fish and Wildlife Mobile Transfer Unit Facility Contingency Plan Approval #T 4-20-3223 5. United States Coast Guard Facility Response Plan Approval 6. Department of Toxic Substances Control -Hazardous Waste Transporter Registration #0420 7. State of California Department of California Highway patrol -Hazardous Materials Transportation License #54136 Control #206604 CHP Carrier #519 8. State of California Department of Motor Vehicles -Motor Carrier Permit #0000519 9. U.S. Department of Transportation -Hazardous Materials Certificate of Registration Reg. #050712 553 091 UW; HM Company ID #057340 10. Alliance for Uniform HazMat Transportation Procedures ID #UPM-498967-NV 11. State of California Department of Resources Recycling and Recovery -Registered Waste Tire Hauler #1489835 12. United States Environmental Protection Agency -Notification of PCB Activity TSCA #CAW000000729 13. City of Long Beach, Certified United Program Agency Permit #HC00002650 14. State of California Health and Human Services Agency, Department of Health Services -Medical Waste Transporter #420 15. Department of Public Health Medical Waste Management Program -Trauma Scene Waste Management Practitioner #260 16. County of Los Angeles -Public Health License -Sewage Pumper Truck License 17. California Environmental Protection Agency Air Resources Board -Certificate of Reporting Completion Truck and Bus Regulation ID #39875 18. Federal Motor Carrier -Motor Carrier Permit No. MC257168 19. Environmental Protection Agency -EPA ID No. CAT080032253 20. Huntington Beach Business Lie. 9635 Santa Fe Springs, Ca. 90670 562.984.8178 Fax 562.984.7559 343 SUPPLIER CLEARINGHOUSE CERTIFICATE OF ELIGIBILITY CERTIFICATION EXPIRATION DATE: December 28, 2025 The Supplier Clearinghouse for the Utility Supplier Diversity Program of the California Public Utilities Commission hereby certifies that it has audited and verified the eligibility of: 0. C. Vacuum, Inc. Women Business Enterprise (WBE) pursuant to Commission General Order 156, and the terms and conditions stipulated in the Verification Application Package. This Certificate shall be valid only with the Clearinghouse seal affixed hereto. Eligibility must be maintained at all times, and renewed within 30 days of any changes in ownership or control. Failure to comply may result in a denial of eligibility. The Clearinghouse may reconsider certification if it is determined that such status was obtained by false, misleading or incorrect information. Decertification may occur if any verification criterion under which eligibility was awarded later becomes invalid due to Commission ruling. The Clearinghouse may request additional information or conduct on-site visits during the term of verification to verify eligibility. This certification is valid only for the period that the above firm remains eligible as determined by the Clearinghouse. Utility companies may direct inquiries concerning this Certificate to the Clearinghouse at (800) 359-7998. VON: 94ES0050 DETERMINATION DATE: December 28, 2022 347 SUPPLIER CLEARINGHOUSE CERTIFICATE OF ELIGIBILITY CERTIFICATION EXPIRATION DATE: December 28, 2025 The Supplier Clearinghouse for the Utility Supplier Diversity Program of the California Public Utilities Commission hereby certifies that it has audited and verified the eligibility of: .0. C. Vacuum, Inc. Minori-ty Business Enterprise (MBE) pursuant to Commission General Order 156, and the terms and conditions stipulated in the Verification Application Package. This Certificate shall be valid only with the Clearinghouse seal affixed hereto. Eligibility must be maintained at all times, and renewed within 30 days of any changes in ownership or control. Failure to comply may result in a denial of eligibility. The Clearinghouse may reconsider certification if it is determined that such status was obtained by false, misleading or incorrect information.. Decertification may occur if any verification. criterion. under which eligibility was awarded later becomes invalid due to Commission ruling. The Clearinghouse may request additional information or conduct on-site visits during the term of verification to verify eligibility. This certification is valid only for the period that the above firm remains eligible as determined by the Clearinghouse. Utility companies may direct inquiries concerning this Certificate to the Clearinghouse at (800) 359-7998. VON: 94ES0050 DETERMINATION DATE: December 28, 2022 348 Supplier Profile Printed on: 1/10/2022 1:30:15 PM To verify most current certification status go to: https://www.caleprocure.ca,gov □GS CAt.lFORIII,\ OSPARTM~t-lT OF GENERAL SERVICES Office of Small Business & DVBE Services Certification ID: 38539 Legal Business Name: 0 C VACUUM INC Doing Business As (DBA) Name 1: 0 C VACUUM INC Doing Business As (DBA) Name 2: Address: PO Box 91951 City of Industry CA 91715 Certification Type SB Status Approved Email Address: jr@oc-vac.com Business Web Page: http://www.oc-vac.com Business Phone Number: 562/984-8178 Business Fax Number: 562/984-7559 Business Types: Construction , Service From 01/10/2022 To 01/31/2024 Stay informed! KEEP YOUR CERTIFICATION PROFILE UPDATED! -LOG IN at CaleProcure.CA.GOV Questions? Email: OSDSHELP@DGS.CA.GOV Call OSDS Main Number: 916-375-4940 707 3rd Street, 1-400, West Sacramento, CA 95605 https://caleprocure.ca.gov/pages/SupplierProflle/suppller-proflle-prlnt.html 1/10/22, 1:31 PM Page 1 of 1 349 Ramon Ortiz Manager, Certification Diversity & Economic Opportunity Department 352 Diversity, Equity, and Inclusion Diversity, Equity, and Inclusion (DEI) is a conceptual framework that promotes the fair treatment and full participation of all people, especially populations that have historically been underrepresented or subject to discrimination because of their background, identity, disability, etc. Diversity refers to the representation or composition of various social identity groups in a work group, organization, or community. Equity involves providing resources according to the need to help diverse populations achieve their highest state of health and other functioning. Inclusion strives for an environment that offers affirmation, celebration, and appreciation of different approaches, styles, perspectives, and experiences. O.C. Vacuum, Inc. Diversity, Equity and Inclusion Policy is committed to workforce diversity, creating equity across our systems and fostering and advancing a culture of inclusion. Our culture of belonging is about uniting different backgrounds, beliefs and experiences in an environment where everyone feels valued and works together to achieve greater outcomes. Our Credo outlines our responsibility to create an inclusive environment and respect the dignity and diversity of all people. It guides how we engage with one another and inspires us to take purposeful action to support the consumers, customers, employees and communities we serve. This makes diversity, equity and inclusion (DEI) everyone's responsibility-that of every employee. The Diversity, Equity & Inclusion Policy, DEI Strategy, sets out the principles and requirements by which O.C. Vacuum, Inc. will enhance diversity, equity and inclusion throughout the organization. The Policy is applicable-but not limited-to our practices and policies on recruitment and selection; compensation and benefits; professional development and training; promotions; transfers; social and recreational programs; layoffs; terminations; and the ongoing development of a work environment built on the premise of gender and diversity equity. The Policy applies to all employees and anyone conducting work on behalf of O.C. Vacuum Inc. or any of its operating companies. The O.C. Vacuum Inc. Office of Diversity, Equity & Inclusion is responsible for building and leading the Company's global evidence- based strategy to advance DEL Our Global DEI strategy is based on four strategic pillars designed to accelerate how we bring innovative environmental solutions to an increasingly diverse world. Our Global DEI strategy enables us to foster our culture of inclusion and belonging, build a workforce that reflects the diverse communities we serve, infuse DEI into all areas of our business to drive innovation and growth, and transform talent and business systems to achieve equitable access and outcomes for all. The four pillars within the Company's evidence-based strategy are intentionally interconnected and must work together. The outcome is to foster a culture of belonging aligned around a global inclusion strategy that reflects local nuances and regional priorities across the globe. It is also critical to embed DEI into our business strategies to better serve the needs of our diverse consumers and customers. We believe this positions our businesses to deliver on our promise to solve the world's most challenging environmental issues. We are continuing our work to build a workforce that reflects the diversity of our communities. We seek to create a globally diverse workforce that 9635 Santa Fe Springs, Ca. 90670 562.984.8178 Fax 562.984.7559 364 better reflects the vast range of communities we serve, to ensure that we really understand and serve global and local markets. We are also elevating our focus on achieving equitable access and outcomes. Policy Guidelines Diversity, Equity & Inclusion Vision: Be yourself, change the world. Our vision at O.C. Vacuum Inc. is for every person to use their unique experiences and backgrounds together-to spark solutions that create a better, healthier world. Diversity, Equity & Inclusion Mission: Make diversity, equity and inclusion how we work every day. Our mission is to make diversity, equity and inclusion our way of doing business. We will advance our culture of belonging where open hearts and minds combine to unleash the potential of the brilliant mix of people, in O.C. Vacuum Inc. Diversity, Equity & Inclusion every corner of O. C. Vacuum, Inc. We will create equity by tailoring tools and resources to meet individual needs, and by continuously improving our systems and processes so everyone has the opportunity to reach their full potential. Employee Responsibilities: DEI is everyone's responsibility at O.C. Vacuum, Inc. It requires purposeful action every day. Every employee is responsible for: • Respecting the dignity and diversity of all people. • Creating an inclusive environment that is free from discrimination, harassment and bullying. • Enhancing their awareness of potential unconscious bias and how that might hinder our ability to be more inclusive and collaborative with one another. • Focusing on conscious inclusion to be more intentional with their actions to drive diversity, equity and belonging. • Committing to an individual goal as patt of annual goals and objectives-setting to O.C. Vacuum, Inc. meet our DEI responsibilities. People Leader Responsibilities: Additionally, people leaders are accountable for specific DEI responsibilities and for achieving DEI outcomes as part of their job performance. These responsibilities include but are not limited to: • Ensuring that employment-related decisions are free from discrimination. • Setting individual DEI goals to foster diverse representation and an inclusive environment within their teams. • Engaging in conscious inclusion and other behaviors that promote equity. 9635 Santa Fe Springs, Ca. 90670 562.984.8178 Fax 562.984.7559 365 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: Operator Lease Well API Tot.JI Cost,$ salvage Value, $ Net Cost,$ CityofHB Civic Removal of $205,617.30 0 $105,617.30 Center Facilities CityofHB Civic Le11se $199,896.70 0 $199,896.70 Center Restoration 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 CONSULT ANT 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) B) C) D) E) completed. Reference this Agreement; Describe the services performed; Show the total amount of the payment due; Include a certification by a principal member of CONSUL TANT's firm that the work has been performed in accordance with the provisions of this Agreement; and For all payments include an estimate of the percentage of work Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks 23-13802/324317 12 366 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 "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULT ANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 23-13802/324317 13 367 GEC300 138905 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 Or~anization(s): The City of Huntington Beach, Its Officers, Elected or Appoin ted Officials, Employees, Agents, and Vo lunteers. 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 organiza ti on(s) shown in the Schedule, but on ly with respect to liabi lity for "bodily injury", "property damage" or "persona l and advertis in g injury" caused, in whole or in part, by you r 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 addition al insured on ly app li es to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or ag reement, 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 th e insurance afforded to these add iti onal in sureds, the following is add ed 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 applicab le Limits of In surance 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 1 775 92441 I 23 -2 4 All L ines I Cory Hospedales j 1 2/12/20 2 3 8 :5 5 :52 AM (PST) I Pag e 3 of 7 369 ENDORSEMENT# This endorsement, effective 12:01 a.m., 1/1/2023 forms a part of Policy No. GEC300138905 by Greenwich Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE CLAUSE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS COVERAGE PART It is agreed that to the extent that insurance is afforded to any Additional Insured under this policy, this insurance shall apply as primary and not contributing with a ny insurance carried by such Additional Insured, as required by written cont ract. All other terms and conditions of this policy remain unchanged. XIL 424 0605 ©, 2005, XL America, Inc. 7759244 1 I 23-24 All Lines I Cory Hospedale s I 12/12/2023 8:55:52 AN (PST) I Page 4 o f 7 370 POLICY NUMBER: AEC005115105 XIC4111013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM A. COVERED AUTOS LIABILITY COVERAGE, Who Is An Insured, is amended to include as an "insured" any person or organization you are required in a written contract to name as an additional insured, but only for "bodily injury" or "property damage" otherwise covered under this policy caused, in whole or in part, by the negligent acts or omissions of: 1. You, while using a covered "auto"; or 2. Any other person, except the additional insured or any employee or agent of the additional insured, operating a covered "auto" with your permission; Provided that: a. The written contract is in effect during the policy period of this policy; b. The written contract was signed by you and executed prior to the "accident" causing "bodily injury" or "property damage" for which liability coverage is sought; and c. Such person or organization is an "insured" solely to the extent required by the contract, but in no event if such person or organization is solely negligent. B. The Limits of Insurance provided for the Additional Insured shall not be greater than those required by contract and, in no event shall the Limits of Insurance set forth in this policy be increased by the contract. C. General Conditions, Other Insurance is amended as follows: Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether such insurance is primary, excess, contingent or on any other basis unless the contract specifically requires that this policy be primary. All terms, conditions, exclusions and limitations of this policy shall apply to the liability coverage provided to any additional insured, and in no event shall such coverage be enlarged or expanded by reason of the contract. All other terms and conditions of this policy remain unchanged. XIC 411 1013 © 2013 X.L. America, Inc. All Rights Reserved. Page 1 of 1 May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission. r/592441 I 23-24 All Lines I Cory Hospedales I 12/12/2023 8:55;52 AM {PST) ] Page 2 of 7 371 GEC300138905 IL00 171198 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declara- tions may cancel this policy by mailing or deliv- ering to us advance written notice of cancella- tion. 2. We may cancel this policy by mailing or deliver- ing to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancel- lation if we cancel for nonpayment of premi- um; or b. 30 days before the effective date of cancel- lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named lnsured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be ef- fective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be suffi- cient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and rec- ords as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any time; b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to in- surability and the premiums to be charged. We do not make safety inspections. We do not un- dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes in- surance inspections, surveys, reports or rec- ommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recom- mendations we may make relative to certifica- tion, under state or municipal statutes, ordi- nances or regulations, of boilers, pressure ves- sels or elevators. E. Premiums The first Named Insured shown in the Declara- tions: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representa- tive. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 77592441 I 23-24 All I,ines ! Coi;y Hospedales I 12/12/2023 8:55:52 AM (PST) I Page 5 of 7 □ 372 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY CALIFORNIA CANCELATION ENDORSEMENT WC 04 06 01 A (Ed. 12-93) This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page. The cancelation condition in Part Six (Conditions) of the policy is replaced by these conditions: Cancelatlon: 1. You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancelation is to take effect. 2. We may cancel this policy for one or more of the following reasons: a. Non-payment of premium; b. Failure to report payroll; c. Failure to permit us to audit payroll as required by the terms of this policy or of a previous policy issued by us; d. Failure to pay any additional premium resulting from an audit of payroll required by the terms of this policy or any previous policy issued by us; e. Material misrepresentation made by you or your agent; f. Failure to cooperate with us in the investigation of a claim; g. Failure to comply with Federal or State safety orders; h. Failure to comply with written recommendations of our designated loss control representatives; i. The occurrence of a material change in the ownership of your business; j. The occurrence of any change in your business or operations that materially increases the hazard for frequency or severity of loss; k. The occurrence of any change in your business or operation that requires additional or different classification for premium calculation; I. The occurrence of any change in your business or operation which contemplates an activity excluded by our reinsurance treaties. 3. If we cancel your policy for any of the reasons listed in (a) through (f), we will give you 10 days advance written notice, stating when the cancelation is to take effect. Mailing that notice to you at your mailing address shown in Item 1 of the Information Page will be sufficient to prove notice. If we cancel your policy for any of the reasons listed in Items (g) through (1), we will give you 30 days advance written notice; however, we agree that in the event of cancelation and reissuance of a policy effective upon a material change in ownership or operations, notice will not be provided. 4. The policy period will end on the day and hour stated in the cancelation notice. This endorsement changes the policy to which It ls attached and Is effective on the dale Issued unless otherwise stated. (The Information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 1/1/2023 Insured O.C. Vacuum Inc. Policy No. WEC300139005 Insurance Company Greenwich Insurance Company Countersigned By Endorsement No. ©1998 by Workers' Compensation Insurance Rating Bureau of California. All rights reserved. 7?592441 I 23-24 All Lines I Cm.y Hospedales I 12/12/2023 8:55:52 11.H (PST) I Page 7 of ? 374 SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND AMERICAN INTEGRATED SERVICES, INC. FOR MILEY KECK TANK FARM LEASE CLOSURE 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 called "City," and American Integrated Services, Inc., a California Corporation, hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of Hazardous Substances Removal and Remedial Actions. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field. Contractor has been selected to perform these services pursuant to Huntington Beach Municipal Code Chapter 3.02. NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. Scope of Services Contractor shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "Project." Contractor hereby designates Joseph Reilly 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 Contractor in the performance of this Agreement. 23-13803/324318 1 375 3. Compensation a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit "B." The total sum to be expended under this Agreement, shall not exceed One Hundred Eight Nine Thousand Nine Hundred Thirty Two Dollars ($189,932.00) during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Contractor shall be paid pursuant to the terms of Exhibit "B." 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence ---~ or as soon as practicable after the execution of this Agreement by City (the "Commencement Date") and terminate three (3) years from Commencement Date, unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for 2 additional one-year periods if mutually agreed to in writing by both parties. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. 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," Contractor 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. Disposition of Plans, Estimates and Other Documents Contractor 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, date or programs, maps, memoranda, letters and other documents, shall belong to City, and Contractor 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. 23-13 803/324318 2 376 7. Hold Harmless Contractor 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, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to Contractor's employees and damage to Contractor's property, arising directly or indirectly out of the obligations or operations herein undertaken by Contractor, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractor's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 8. Workers Compensation Insurance Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; Contractor covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Contractor shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Contractor shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. 9. General Liability Insurance In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend, hold harmless and indemnify City, Contractor shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service. This policy shall indemnify Contractor, 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 Project/Service, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, 23-13 803/324318 3 377 the aggregate limit must be no less than One Million Dollars ($1,000,000) 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) for this Project/Service. This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Contractor'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. 10. Automobile Liability Insurance Contractor shall obtain and furnish to City an automotive liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and a separate "Additional Insured Endorsement" page listing both the policy number and naming the "City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers" as additional insured on the endorsement. The above-mentioned insurance shall not contain a self-insured retention, "deductible" or any similar form of limitation on the required coverage except with the express written consent of City. 11. Certificate of Insurance Prior to commencing performance of the work hereunder, Contractor shall furnish to City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: a. provide the name and policy number of each carrier and policy; b. state that the policy is currently in force; and c. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. Contractor shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by City. This requirement for carrying the foregoing insurance coverage shall not derogate from Contractor's defense, hold harmless and indemnification obligations as set forth in this Agreement. City or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. Contractor shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 23-13803/324318 4 378 12. Independent Contractor Contractor is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City. Contractor shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for Contractor and its officers, agents and employees and all business licenses, if any, in connection with the Project and/or the services to be performed hereunder. 13. Conflict of Interest Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 14. Termination This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. Exclusivity and Amendment This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The paiiies agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any paiiy, or anyone acting on behalf of any paiiy, which are not embodied herein. 23-13 803/324318 5 379 16. Assignment Inasmuch as to this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 17. City Employees and Officials Contractor 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. 18. Notices Any notices, certificates, or other communications hereunder shall be given either by personal delivery to Contractor'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 below. City and Contractor may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U.S. certified U.S. certified mail-return receipt requested: To City: City of Huntington Beach Attn: Fire Chief 2000 Main Street Huntington Beach, CA 92648 19. Consent Contractor: American Integrated Services, Inc. Attn: Joseph Reilly 1502 E. Opp Street Wilmington, CA 907 44 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 transactions or event. 20. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 23-13803/324318 6 380 21. 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. 22. 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 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. 23. 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. 24. Immigration Contractor shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 25. Legal Services Subcontracting Prohibited Contractor and City agree that City is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. Contractor understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for City; 23-13803/324318 7 381 and City shall not be liable for payment of any legal services expenses incurred by Contractor. 26. Confidentiality Contractor recognizes that in the performance of its duties under this Agreement, it must conduct its activities in a manner designed to protect information of a sensitive nature from improper use or disclosure. Contractor warrants that it will use reasonable efforts consistent with practices customary in the facilities management industry in recruiting, training and supervising employees and in otherwise performing its duties hereunder in order to achieve this result. In the furtherance of this, Contractor agrees, at the request of the City, to require its employees to execute written undertakings to comply with the foregoing confidentiality provision. 27. Discrimination Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 28. Jurisdiction -Venue This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 29. Professional Licenses Contractor shall, through the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Huntington Beach and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 23-13803/324318 8 382 30. 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. 31. Survival Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 32. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of California. 33. 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. 34. Entirety (a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement warranty, fact or circumstance not expressly set forth in this Agreement. (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 23-13 803/324318 9 383 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) See attached Exhibit A. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: SEE ATTACHED EXHIBIT A C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: 23-13803/324318 11 386 EXHIBIT A Response ta Miley Keck Tank Farm Lease Closure RFP #23-0915-2 Presented ta Jennifer Anderson City of Huntington Beach September 15, 2023 American Integrated Services, Inc. 1502 E. Opp Street Wilmington, CA 90744 888-423-6060 www.americanintegrated.com 387 TRUCK ROUTE TO MINIMIZE IMPACT TO HUNTINGTON ST. COMMUNITY -... --- 401 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 CONSUL TANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSUL TANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 23-13803/324318 13 404 Waiver Procedure To request a waiver, indicate hereiZ] and provide a brief description ( 1 -2 sentences) of the proposed work/project, its dollar value (if not a specific dollar amount, use an average, annual estimate or non-profit) and projected timeframe (per job or as-needed basis). For substantial dollar deductible/SIR amounts, a financial statement is required (Balance Sheet, Budget Reports, Dun & Bradstreet Report, etc.). Waiver Requested: __ D_e_d_uc_t_ib_l_e_li_n_1i~t._O_u_r~p_o_li~cy~is_,~v_ri~tt_e1_1 ~w~i~th~a~$~1~0~,0~0~0_d~e~d~u~c~ti_bl_e~, _ Encroachment PermitO Private Property Work PermitO Consultant Services □ Other: Construction Contractor Proposed Work: Decontamination/Demolition of Miley Keck Tank Farm Lease Dollar Value: $189,932 Projected Timeframe: _2_n_10_n~t_h_s~el_1e~d~u~le~------------------- 406 Balance Sheet Continued ... Due From Cost in Excess of Billings Inventory *"'*Startup Inventory Prepaid Insurance Prepaid Expenses Prepaid Fuel Prepaid Federal Taxes Prepaid State Taxes Total Current Assets: WIPAssets 'WORK IN PROCESS WIP-Costs Total WIP Assets: Long Term Assets 'FIXED ASSETS Investments Right of Use (ROU) Asset Equip Module Asset Equipment & Machinery Trucks & Autos Office Equipment Furniture and Fixture Computers Leasehold Improvements Building Land Fixed Assets -Gulf Fixed Assets -Gulf Region Organizational Cost Total Long Term Assets: Accumulated Depreciation 'ACCUM DEPREC Equipment Accum Depree Accum Depree -M&E Accum Depree-Trucks & Auto Accum Depree-Office Equipment Accum Depree-F&F Accum Depree-Computers Accum Amort -Leasehold Imp. Report 2-2-0-21 lhuizenga 374,566.75 7,018,348.95 0.00 0.00 3,279,247.35 558,712.84 0.00 0.00 231,003.00 0.00 0.00 0.00 0.00 0.00 0,00 31,536,316.24 5,914,199.96 144,643.40 65,521.60 397,495.43 472,203.80 0.00 0.00 0.00 6,941,108.53 0.00 45,471,488.96 0.00 0.00 (26,740,410.14) (5,159,127.29) (28,859.34) (49,096.13) (391,259.11) (514,315.81) Page 2 $83,307,121.85 0.00 12/11/23 12/11/23 10:32AM 408 Balance Sheet Continued ... Org Cost Amortization Total Accumulated Depreciation: Net Long Term Assets: Other Assets 'OTHER ASSETS Deposits Equipment Clearing Receivable from PDHlnvictus Goodwill Accumulated Amortization -Goodwill AIS-TN&A JV-Investment AIS/TN&A JV-Distribution Prepaid Income Tax -FTB Allowance for Bad Debt (LT AR) Suspense Right of Use (ROU) Asset Total Other Assets: Total Assets: Liabilities Current Liablllties 'CURRENT LIABILITIES Accounts Payable *Startup AP Accrued Accounts Payable Notes Payable Notes Payable (Leases) Notes Payable (Cap Leases) ST Lease Liability Due to Officers-DH Customer Deposits Sales Tax Payable Use Tax Payable State Income Taxes Payable Billings in Excess of Costs Wages Payable FIT Withholding Medicare Payable FICA Payable FUTA Payable Report 2-2-0-21 lhuizenga 0.00 (32,883,067.82) 0.00 271,485.09 0.00 1,829,964.23 408,750.00 (97,500.00) 0.00 0.00 0.00 (700,000.00) 76,294.43 196,121.00 0.00 4,997,307.33 0.00 87,093.79 419,096.35 0.00 13,386.33 65,233.00 0.00 89,770.63 0.00 1,644.73 144,499.58 3,003,352.97 0.00 0.00 0.02 Page 3 (0.01) 0.00 12,588,421.14 1,985,114.75 $97,880,657.74 12/11/23 12/11/23 10:32AM 409 Balance Sheet Continued ... SIT Withholding-CA SIT Witholdings SUI/ETT Payable SUIIETT Payable SDI Payable Health/Dental Benefits Payable Benefits Payable (by Employee) 401 k Withheld 401K Loan Payments Garnishments Payable Worker's Comp Payable Commissions Payable Commissions Payable Other Payables Due To Scrap Proceeds Due Vacation Dues Unapplied Cash Deferred tax -current Deferred tax -long term Accrued payroll Accrued P/R Taxes Accrued 401 K Profit Sharing Accrued Payroll Liabilities Accrued Vacation Payable Accrued Sick Pay Bonus Accrual Accrued Expenses Accrued Insurance Accrued Interest CitiBank AMEX Business Management AMEX Platinum Chase (Southwest Airlines) Union Bank FEDEX Hotel Engine Shell Wex Home Depot Divvy DEFERRED COMPENSATION LIABILITY Total Current Liabilities: Long Term Liabilities 'LONG TERM LIAB Report 2-2-0-21 lhuizenga 0.00 0,00 0,00 119.86 (3.06) 14,907.25 0.00 42,431.58 11,608.39 (3,125.05) 527,183.50 0,00 0.00 104,423.68 18,410.50 35,874.05 13,147.06 4,763.88 583,000.00 (297,622.00) 0.00 0.00 626,814.64 0.00 962,117.17 0.00 0.00 884,583.37 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Page 4 12,350,019.54 12/11/23 12/11/23 10:32AM 410 Balance Sheet Continued ... Equip LT Liab Notes Payable -LIT Notes Payable -LT (Leases) Notes Payable -Shareholder Deferred Comp Liability LT Lease Liability Total Long Term Liabilities: Total Liabilities: Equity Equity/Capital 'EQUITY Common Stock Treasury Stock Paid in Capital-David H. Distribution-DH Distribution-GR Distribution DH Trust Distribution LH Trust Distribution IH Trust Distribution SH Trust Retained Earn. (Current Year) Accumulated Earnings PYs "'Startup Equity Subtotal Equity/Capital: Owner's Drawing/Dividend 'OWNERS DRAWING Total Owner's Drawing/Dividend: Current Profit (Loss): Report 2-2-0-21 lhuizenga Total Equity/Capital: Total Liabilities+ Equity: 0,00 4,939,751.43 192,921.79 0.00 245,083.00 133,808.00 0.00 1,500.00 (13,039,998.67) 1,096,928.61 (14,649,192.85) 0.00 (3,139,113.44) (3, 139, 113.44) 0.00 0.00 73,693,192.16 12,753,915.75 0.00 53,578,118.12 0.00 0.00 26,440,955.86 Page 5 of 5 5,511,564.22 17,861,583.76 80,019,073.98 $97,880,657.74 12/11/23 12/11/23 10:32AM 411 Attachment Code: D638427 Certificate ID: 20116555 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION -ONGOING OPERATIONS -COVERAGE A, B, D.1 &D.4 Polley Number Policy Effective Date Policy Expiration Date Endorsement Effective Date ECP2041242-10 8/31/2023 8/31/2024 12/7/2023 This endorsement modifies Insurance provided under the following: ENVIRONMENTAL COMBINED POLICY SCHEDULE Name Of Additional Insured Person(s) Or Location(s) Of Covered Operations Organization(s) City of Huntington Beach, its officers, elected or appointed Miley Keck Tank Farm officials, employees, agents, and volunteers 19081 Huntington Street Huntinaton Beach CA 92648 I. SECTION Ill -WHO IS AN INSURED is amended to include as an additional Insured, the person(s) or organization(s) shown in the SCHEDULE, with whom you have agreed under a written contract or written agreement, in effect during this policy period, that such person(s) or organization(s) be added as an additional Insured on this policy. Such contract or agreement must be executed and in effect prior to the performance of your work which is the subject of such contract or agreement. The insurance provided to the additional insured person(s) or organization(s) applies only with respect to liability for bodily Injury or property damage covered under SECTION I -COVERAGE A -BODILY INJURY AND PROPERTY DAMAGE, Coverage D.1 -Contractors Pollution Legal Liability and Coverage D.4-Microbial Substance Contractors Pollution Liability, or personal injury or advertising injury covered under SECTION I -COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY directly caused by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. We will not extend any insurance coverage to any additional insured that is not provided to you in this policy; and 3. 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. II. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to bodily injury or property damage occurring after: 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. Ill. With respect to the insurance afforded to these additional insureds, the following is added to SECTION V -LIMITS OF INSURANCE: 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; 413 Attachment Code: D638427 Certificate ID: 20116555 whichever is less, This endorsement shall not increase the applicable limits of insurance, IV. With respect to the insurance afforded to these additional insureds, the following is added to SECTION VI - REPORTING, DEFENSE, SETTLEMENT & COOPERATION: 1. Duties •· Additional Insured An additional insured must see to it that: a, We are notified In writing as soon as practicable of an occurrence or offense which may result in a claim or suit; b. We receive written notice of a claim or suit as soon as practicable; and c, A request for defense and indemnity of the claim or suit will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the contract or agreement requires that this coverage be primary and noncontributory. V. SECTION VII -CONDITION 10. -Other Insurance is amended by the addition of the following which 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 the additional Insured person(s) or organization(s) shown in the SCHEDULE of this endorsement provided that: 1. The additional insured person(s) or organization(s) is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement, in effect during this policy period, that this insurance would be primary and would not seek contribution from any other insurance available to the additional Insured person(s) or organization(s). Such contract or agreement must be executed and in effect prior to the performance of your work which is the subject of such contract or agreement. However, this provision does not apply if the other insurance available to the person(s) or organization(s) included as an additional Insured is Owners and Contractors Protective Liability, Railroad Protective Liability, or similar project- specific, primary insurance. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. ECP 1247 01 21 Includes copyrighted material of Insurance Services Office, Inc., used with Its permission. Page 2 of 2 414 Attachment Code: D638428 Certificate ID: 20116555 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION --COMPLETED OPERATIONS-COVERAGE A, D.1 & D.4 Policy Number Polley Effective Date Policy Expiration Date Endorsement Effective Date ECP2041242-10 8/31/2023 8/31/2024 12/7/2023 This endorsement modifies insurance provided under the following: ENVIRONMENTAL COMBINED POLICY SCHEDULE Name Of Additional Insured Person(s) Or Location(s) And Description Of Completed Organization(s): Operations: City of Huntington Beach, its officers, elected or appointed Miley Keck Tank Farm officials, employees, agents, and volunteers 19081 Huntington Street Hunflnnton Bea~h CA 92AAA I. SECTION Ill -WHO IS AN INSURED is amended to include as an additional insured, the person(s) or organization(s) shown in the SCHEDULE, with whom you have agreed under a written contract or written agreement, in effect during this policy period, that such person(s) or organization(s) be added as an additional insured on this policy. Such contract or agreement must be executed and in effect prior to the performance of your work included in the products- completed operations hazard which is the subject of such contract or agreement. The insurance provided to the additional insured person(s) or organization(s) applies only with respect to liability for bodily injury or property damage covered under SECTION I -COVERAGE A -BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Coverage D.1 -Contractors Pollution Legal Liability and Coverage D.4 -Microbial Substance Contractors Pollution Liability, directly caused by your work at the location designated and described in the SCHEDULE of this endorsement performed for that additional Insured and included in the products-completed operations hazard. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. We will not extend any insurance coverage to any additional insured that is not provided to you in this policy; and 3. 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. II. With respect to the insurance afforded to these additional insureds, the following is added to SECTION V -LIMITS OF INSURANCE: 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; whichever is less. This endorsement shall not increase the applicable limits of insurance. Ill. With respect to the insurance afforded to these additional Insureds, the following is added to SECTION VI - REPORTING, DEFENSE, SETTLEMENT & COOPERATION: 1. Duties --Additional Insured An additional insured must see to it that: a. We are notified In writing as soon as practicable of an occurrence which may result in a claim or suit; b. We receive written notice of a claim or suit as soon as practicable; and c. A request for defense and indemnity of the claim or suit will promptly be brought against any policy issued by 415 Attachment Code: D638428 Certificate ID: 20116555 another insurer under which the additional insured may be an Insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, If the written contract or written agreement requires that this coverage be primary and noncontributory. IV. SECTION VII -CONDITION 10. -Other Insurance is amended by the addition of the following which 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 the additional insured person(s) or organization(s) shown in the SCHEDULE of this endorsement provided that: 1. The additional insured person(s) or organization(s) is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement, in effect during this policy period, that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured person(s) or organization(s). Such contract or agreement must be executed and in effect prior to the performance of your work included in the products-completed operations hazard which is the subject of such contract or agreement. However, this provision does not apply if the other insurance available to the person(s) or organization(s) included as an additional insured is Owners and Contractors Protective Liability, Railroad Protective Liability, or similar project- specific, primary insurance. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. ECP 1249 01 21 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 2 of 2 416 Attachment Code: D501438 Certificate ID: 20116555 POLICY# ECP2041242-10 behalf of or for the benefit of you or others, to determine or warrant that such property or operations are safe or in compliance with environmental law, or any other law. b. We may be permitted, but not obligated, to interview persons employed by the insured; c. The insured agrees to provide appropriate personnel to assist our.representatives during any inspection. 8. Legal Action Against Us No person or organization has the right under this policy: a. To join us as a party or otherwise bring us into a suit asking for damages from an insured; or b. To sue us on this policy unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an Insured; but we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the Insured and the claimant or the claimant's legal representative. For purposes of this condition, a consent judgment, stipulated judgment, agreed judgment, consent decree or consent order reached without our written agreement is neither an agreed settlement nor a final judgment. 9. Limitation of Damages Our damages for extra-contractual liability, bad faith, or similar damages under this policy is limited to one (1) times the relevant policy limit applicable to the underlying matter. 1 O. Other Insurance With respect to COVERAGES A, Band C, if other valid and collectible insurance is available to the Insured for a loss we cover under COVERAGES A, B or C of this policy, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when Paragraph (2) below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph (3) below. b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (i) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for your work; (Ii) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (iii) That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner; or (iv) If the loss arises out of the maintenance or use of aircraft, unmanned aircraft, autos or watercraft to the extent not subject to Exclusion a. of SECTION I -COVERAGE A -BODILY INJURY AND PROPERTY DAMAGE LIABILITY. (bl Any other primary insurance available to you covering liability for damages arising out of the premises or operations, or the products and completed operations, for which you are an additional insured. (2) When this insurance is excess, we will have no duty under this policy to defend the insured against any suit, if any other insurer has a duty to defend the Insured against that suit. If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. (3) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds: (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 deductibles and self-insured amounts under all that other insurance. (4) 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 policy. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable Limits of Insurance of all insurers, With respect to COVERAGES D and E, if other valid and collectible insurance is available to any Insured covering bodily injury, property damage, loss, cleanup costs, emergency remediation costs, claim(s), suit(s), damages and/or Supplementary Payments, including but not limited to defense costs, also covered by this policy, other than a policy that is specifically written to apply in excess of this policy, the insurance afforded by this policy shall apply in ECP 1200 03 22 Page 27 of 37 417 Attachment Code: D564113 Certificate ID: 20116555 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO DESIGNATED PERSON OR ORGANIZATION Policy Number Policy Effective Date Policy Expiration Date Endorsement Effective ECP2041242-10 8/31/2023 This endorsement modifies insurance provided under the following: ENVIRONMENTAL COMBINED POLICY 8/31/2024 The following is added to SECTION VII -CONDITIONS 2. Cancellation: SCHEDULE Number of Days Advance Notice Of Cancellation: thirty (30) Days Name and Address of Designated Person(s) or AS PER SCHEDULE ON FILE Organization(s): Additional Premium: $0 Date 8/31/2023 In consideration of the payment of an additional premium, and notwithstanding anything contained in the policy to the contrary, it is understood and agreed that if we cancel this policy on or before the expiration date set forth in the Declarations, we will mail or deliver to the first Named Insured at the last known address, and the person(s) or organization(s) at the address designated in the SCHEDULE above, written notice of cancellation not less than the number of days shown in the SCHEDULE before the effective date of cancellation. Proof of mailing of notice shall be sufficient proof of notice. The effective date and hour of cancellation stated in the notice shall be the end of the policy period. This endorsement shall not apply if: 1. We cancel due to non-payment of premium, or 2. The policy is non-renewed for any reason. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. ECP 1234 10 21 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 1 of 1 418 Attachment Code: D472048 Certificate ID: 20116555 POLICY #BAP2041402-10 BENVCA06 ENDORSEMENT This endorsement forms a part of the policy to which it is attached. Please read it carefully. Business Auto • Additional Insured When Required by Contract or Agreement This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section II -Liability Coverage A. -Coverage, 1. Who is an Insured, is amended to add: d. Any person or organization to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into, excluding contracts or agreements for professional services, which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of your operations or premises owned by or rented to you. However, the insurance provided will not exceed the lesser of: 1. The coverage and/or limits of this policy; or 2. The coverage and/or limits required by said contract or agreement. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. Includes copyrighted material of Insurance Services Office, lnc., used by permission BENVCA06 Page 1 of 1 419 Attachment Code: D5070 I 5 Certificate ID: 20116555 POLICY #BAP2041402-10 COMMERCIAL AUTO CA04491116 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM 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. A. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance -Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 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 such 11 insured 11 • B. The following is added to the Other Insurance Condition in the Auto Dealers Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage and General Liability Coverages are primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 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 such "insured". CA 04 49 11 16 © Insurance Services Office, Inc., 2016 Page 1 of 1 420 Attachment Code: D576883 Certificate ID: 20116555 ENDORSEMENT Policy #BAP2041402-10 This endorsement forms a part of the policy to which It is attached. Please read It carefully. NO I ICE IO O I HERS OF CAN CELLA I ION, NON RENEWAL OR MA I ERIAL CHANGE Business Auto Policy If we cancel, non-renew or make a material change to the policy, we will provide written notice of same to the person(s) or organization(s) listed in the SCHEDULE below. The Notice will provide the effective date/hour of the cancelation/non-renewal/material change, and will be sent by Certified Mail -Return Receipt Requested, in accordance with the SCHEDULE below. Proof of mailing will be sufficient proof of notice. For purposes of this endorsement only, "material change" means a change to: Policy term; Removal of a Coverage Section; Reduction in any of the Limits of insurance specified in ITEM 2. Schedule of Coverage and Covered Autos on the Declarations page, or a reduction in any of the Limits of Insurance as modified by endorsement, where said reduction Is not the result of a reserve or payment of ciaim(s) or claim expenses; or Removal of an insured specifically identified by name in the policy. SCHEDULE Name and Address of Other Person(s) or Organization(s): PER SCHEDULE ON FILE Number of Days' Prior Notice: ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. Includes copyrighted material of Insurance Services Office, Inc., with Its permission. BENV CA 13 (01 23) Page 1 of 1 II 421 Attachment Code: D576966 Certificate ID: 20116555 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY ENDORSEMENT· NOTICE TO OTHERS OF CANCELLATION, NONRENEWAL OR MATERIAL CHANGE This endorsement is used to add the following to Part Six of the policy. PART SIX CONDITIONS If we cancel, non-renew or make a material change to the policy, we will provide written notice of same to the person(s) or organization(s) listed in the SCHEDULE below. The Notice will provide the effective date/hour of the cancelation/non-renewal/material change, and will be sent by Certified Mail -Return Receipt Requested, in accordance with the SCHEDULE below. Proof of mailing will be sufficient proof of notice. For purposes of this endorsement only, "material change" means a change to: Policy period; Removal of a Coverage Section; Reduction in the Limits of Insurance for Coverage B, Employer's Liability, specified in Coverage 3.8 on the Worker's Compensation Information Page, where said reduction is not the result of a reserve or payment of claim(s); or Removal of an insured specifically identified by name in the policy. SCHEDULE Name and Address of Other Person(s) or Organization(s): Number of Days prior Notice: PER SCHEDULE ON FILE All other terms and conditions of this policy remain unchanged. Endorsement Effective 9/ l/2023 Policy No. WCA2041241-l 0 Endorsement No. Insured American Integrated Services, Inc. Premium $ Insurance Company: Great Divide Insurance C Countersigne"d-"b"':'----------------~ WC 99 06 08 CA (01 23) 422 Miscellaneous Attachment: M71951 Certificate ID: 20116555 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY (Ed. 04-84) 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 perform 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 2 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description PER SCHEDULE ON FILE Notes: 1. This endorsement may be used to waive the company's right of subrogation against named third parties who may be responsible for an injury. 2. The sentence in () is optional with the company. It limits the endorsement to apply only to specific jobs of the insured, and only to the extent that the insured is required to obtain this waiver. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below Is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 9/1/2023 Policy No. WCA2041241-10 Endorsement No. Insured: American Integrated Services, Inc. Insurance Company: Great Divide Insurance Co. Countersigned By WC 04 03 86 (Ed.84) 423 Economic Feasibility of Oil Wells Owned and Operated by the City Scott M. Haberle, Fire Chief Thomas Walker, Evans and Walker Study Session - March 21, 2023 ------------ 424 Table of Contents •Background •Civic Center & Huntington Beach Oil Field •Analyzing Civic Center Oil Operations •Conditions Assessment •Cost to Reactivate Oil Production & Plan to Resume Operations •Options 425 Background ------------ 426 Huntington Beach Oil Field ŝƐĐŽǀĞƌĞĚ ϭϵϮϬ KŝůͲ ϯ͕ϰϴϬďĂƌƌĞůƐ tĂƚĞƌͲ ϭϰϳ͕ϲϳϬďĂƌƌĞůƐ ϮϮϯĂĐƚŝǀĞǁĞůůƐ ϴϲйƉƌŽĚƵĐĞĚǁĂƚĞƌʹ ƌĞͲŝŶũĞĐƚĞĚ ϰϲŝŶũĞĐƚŝŽŶǁĞůůƐ ŝǀŝĐĞŶƚĞƌʹ ŶĞǀĞƌŝŶũĞĐƚĞĚďƵƚ ďĞŶĞĨŝƚĞĚĨƌŽŵŶĞĂƌďLJǁĂƚĞƌŝŶũĞĐƚŝŽŶ ϰϮ 'ĂůůŽŶƐсϭ ĂƌƌĞů ;>Ϳ ............... ............... ~ ............... 427 Civic Center Wells •The City owns three oil wells, the Civic Center 1, 2 & 3 •The wells are located in the Civic Center parking lot •The wells were acquired as a part of the City acquisition of the Civic Center property in 1971 Civic Center 3 Civic Center 2 Civic Center 1 htlpsNo-.gaog'e.cxm......,,._d\"1U<tnglon+bo_.,1@33.81862927 ,• 117.9991!i8:18.1 7.8!18511271■,TT a.fl 11711Cl&l.35ll,Oh.Cl.O<d■IPC...lJIACi\J...og.,ZGQrHOfy2jl()O.),YiU!IM~c»IWVkOO"!.... 1/ 1 428 Five Areas of Interest in Analyzing Oil Operations WƌŽĐĞƐƐ Kŝů͕'ĂƐ ĂŶĚtĂƚĞƌ WƌŽĚƵĐƚŝŽŶ WƌŽĚƵĐƚ WƌŝĐŝŶŐ KƉĞƌĂƚŝŶŐ džƉĞŶƐĞƐ ƐƐĞƐƐ ŽŶĚŝƚŝŽŶ ϭ Ϯ ϯ ϰ ϱ 429 Anatomy of Production :l T ubing--~~..,.,..~-1 )ii r ..... _. .. 430 Process 'ĂƐ &ůĂƌĞĚ WƌŽĚƵĐƚŝŽŶ&ůƵŝĚн'ĂƐ ;ϭϭйŽŝůͬϴϵйǁĂƚĞƌͿ 'ĂƚŚĞƌĞĚĨƌŽŵϯǁĞůůƐ WƌŽĚƵĐƚŝŽŶ&ůƵŝĚ WŝƉĞůŝŶĞƚŽdĂŶŬ&Ăƌŵ Kŝů^ŽůĚ ;ǀŝĂdƌƵĐŬͿ tĂƚĞƌ ŝƐĐŚĂƌŐĞƚŽ ^ĂŶŝƚĂƌLJ^ĞǁĞƌ WĂLJϭͬϲZŽLJĂůƚLJ dŽDŝŶĞƌĂůZŝŐŚƚƐ>ĞĂƐĞ tĂƚĞƌ WƌĞƚƌĞĂƚĞĚʹ 'ƌĂǀŝƚLJ^ĞƉĂƌĂƚŝŽŶ 431 Process ŝǀŝĐĞŶƚĞƌKŝůtĞůůƐ DŝůĞLJ<ĞĐŬdĂŶŬ&Ăƌŵ WŝƉĞůŝŶĞ ŽŶŶĞĐƚŝŶŐǁĞůůƐƚŽƚĂŶŬĨĂƌŵ ƉƉdž͘ЪŵŝůĞ͕ϲ͟ƐƚĞĞůƉŝƉĞ ŶŐƵƐWĞƚƌŽůĞƵŵ ^ƉƌŝŶŐĨŝĞůĚhŶŝƚ EĞĂƌĞƐƚǁĂƚĞƌŝŶũĞĐƚŝŽŶǁĞůůƐ 432 Production –Springfield Unit KƉĞƌĂƚŽƌĐĞĂƐĞĚǁĂƚĞƌ ŝŶũĞĐƚŝŽŶ;ƉƌĞƐƐƵƌĞƐƵƉƉŽƌƚͿ ŝŶ:ƵůLJϮϬϭϳ KŝůƉƌŽĚƵĐƚŝŽŶĚƌŽƉƉĞĚ ƐŝŐŶŝĨŝĐĂŶƚůLJͲ ƐŚŽƌƚůLJĂĨƚĞƌ ƚŚĞůŽƐƐŽĨƉƌĞƐƐƵƌĞƐƵƉƉŽƌƚ N.e:.Ld: HunUngtoc. Be --:ch C:a.:se N~e : Sp ~in gf i e ld Unit 'ie ll.: Al .l OV 'f' I l l :S"B ~-J~o ~ ~ .... ~ -~-. §BQ -~~ -- g o ..... "t"--r--r- ~~ t . I I I I I I 09 10 11 Hi s t Oi1 Cu:a.~ 1.,85?.9S Mbhl Oil Rem: 0 . D~ !!bbl Oil Em!: l, 8l;7. So Mb-bl ~ I I I 12 ~ .M. -- Lr ' J \.. ,._. ~A -.A -~ -- h I I 1J l. . I 11 I I I 13 14 15 16 - ,..._ .. "'-J ~ . • .. "" '\. I ,, •--...l', ,-1 ~""\~ 17 18 AS OF{NON il ~~~ «>J J ~~~ I i::o ~ a.:!:& I ~~ ----~ ---§o I I ~ ~ . ... --~-§ ' .., r\ , "" ,,,__ .I\ " -V -,n V" /\ (\& o:....s . I• • I . 0 -' 19 .... o 20 21 22 Mi st G..:a.:5 CU!II..: 9-43 .4 1 Ml!!:c.f Ga 3 'Rem: 0 .0 0 MMe-£ Ga., Wll: ~~a.n l!l!d - 433 Production –Civic Center ŝǀŝĐĞŶƚĞƌůĞĂƐĞĂǀĞƌĂŐĞĚ ϭϲ͘ϰďĂƌƌĞůƐŽĨŽŝůƉĞƌĚĂLJĨƌŽŵ :ĂŶƵĂƌLJϮϬϭϬƚŚƌŽƵŐŚ:ƵŶĞ ϮϬϭϳ;ƉƌŝŽƌƚŽůŽƐƐŽĨƉƌĞƐƐƵƌĞ ƐƵƉƉŽƌƚͿ ŝǀŝĐĞŶƚĞƌůĞĂƐĞĂǀĞƌĂŐĞĚϱ͘ϱ ďĂƌƌĞůƐŽĨŽŝůƉĞƌĚĂLJĨƌŽŵ:ƵůLJ ϮϬϭϳƚŚƌŽƵŐŚEŽǀĞŵďĞƌϮϬϮϭ ;ĂĨƚĞƌůŽƐƐŽĨƉƌĞƐƐƵƌĞƐƵƉƉŽƌƚͿ͘ dŚŝƐŝƐĂĚĞĐƌĞĂƐĞŽĨϭϬ͘ϵ ďĂƌƌĞůƐŽĨŽŝůƉĞƌĚĂLJ͘ N.e:.Ld: Hu:n:t.ir.gt oc. Be..tch C:a.:se N~-e: C.i'fi.ric Ce :c.t:er ~~11.: Al .l OV 'f' I l l :S"B ~-J~o s o ..,..;:;. ~i ~ r ... ,. i ~J yvv V \ 0 T" -.. ....... ~ 0 §..- ... ........ I I I I I I 1□ 11 ,_ I\ . y "\ ..... I I I 12 Hi st-Oil.. Cum..: 56 '1 . 1 a !!bbl Oil Rem: O.D~ !!bbl Oil Em!: &i7_73 Hbbl § - I . lh l'N V1 ~ IP '\\ J ~ ~ .... I I I I I I I I I I I I 13 14 15 16 ;. &>~ '"C'> .-~ s. --~ £ ..,,,,,,,,~ §s --~ ' .. -I ' I ' ~ .... g o -I • 0 ,I■ -• -, I I I I I .I I J ~:.... 17 8 19 20 21 , 22 Mi st-G.a :5 C . 214 _ ?'1 Ml!!:c.f G : 6 . DO !!Md Ga. Ull: 21¼. 77 Klkf - 434 Product Price Historical and Forecast Oil Prices Ͳ ϮϬ͘ϬϬ ϰϬ͘ϬϬ ϲϬ͘ϬϬ ϴϬ͘ϬϬ ϭϬϬ͘ϬϬ ϭϮϬ͘ϬϬ ϭϰϬ͘ϬϬ :ĂŶͲϭϰ :ĂŶͲϭϱ :ĂŶͲϭϲ :ĂŶͲϭϳ :ĂŶͲϭϴ :ĂŶͲϭϵ :ĂŶͲϮϬ :ĂŶͲϮϭ :ĂŶͲϮϮ :ĂŶͲϮϯ :ĂŶͲϮϰ :ĂŶͲϮϱ :ĂŶͲϮϲ Kŝ ů W ƌ ŝ Đ Ğ Ă Ŷ Ě ŝ Ĩ Ĩ Ğ ƌ Ğ Ŷ ƚ ŝ Ă ů ͕ Ψ ͬ > ƌĞŶƚ^ƉŽƚWƌŝĐĞ͕Ψͬ>ŝƚLJŽĨ,KŝůWƌŝĐĞ͕Ψͬ> ŝĨĨĞƌĞŶƚŝĂů;ƌĞŶƚŵŝŶƵƐ,Ϳ͕Ψͬ>ǀĞƌĞĂŐĞŝĨĨĞƌĞŶƚŝĂů͕Ψͬ> EzD yƌĞŶƚ&ƵƚƵƌĞƐWƌŝĐĞƐ;ǀŐŽĨtĞĚƐŝŶĞĐϮϬϮϮͿ &ŽƌĞĐĂƐƚŽĨ,KŝůWƌŝĐĞ͕Ψͬ> t t t t +-+-+-+- + +- + t + + • t t +-+- + +-+ , +-+ ""'1ttt4tttttttttttffltttttt · Wt ♦Mtttt J,,. • + t + +- +- + t + + + +-+ +- 'tt t t t t t t t t t' tt t t t t t t tt t' tt t t t t t t t t t 435 Production and Gross Revenue - Civic Center zĞĂƌ ǀŐWƌŝĐĞ ;WĂŝĚͿ͕ĂƌƌĞů Kŝů^ĂůĞƐ͕ ĂƌƌĞůƐ 'ƌŽƐƐ^ĂůĞƐ͕Ψ ϮϬϭϱ Ψϰϭ͘Ϯϵ ϱ͕ϰϲϯ ΨϮϮϱ͕ϱϲϬ ϮϬϭϲ ΨϮϵ͕ϰϭ ϰ͕ϲϴϬ Ψϭϯϳ͕ϲϰϯ ϮϬϭϳ ΨϰϮ͘ϯϯ ϱ͕ϰϲϬ ΨϮϯϭ͕ϭϯϴ ϮϬϭϴ Ψϲϭ͘ϳϭ Ϯ͕ϭϯϯ Ψϭϯϭ͕ϲϮϲ ϮϬϭϵ Ψϱϴ͘ϴϳ Ϯ͕ϭϯϬ Ψϭϭϵ͕ϬϬϵ ϮϬϮϬ ΨϮϳ͘ϬϬ ϭ͕ϰϳϬ Ψϯϵ͕ϲϴϳ ϮϬϮϭ Ψϲϭ͘Ϯϲ ϭ͕ϮϮϯ Ψϳϰ͕ϵϮϯ >ŽƐƐŽĨŝŶũĞĐƚŝŽŶƐƵƉƉŽƌƚ ĨƌŽŵ^ƉƌŝŶŐĨŝĞůĚhŶŝƚ DŝĚͲϮϬϭϳ 436 Average Monthly Revenue Ͳ ϱ͕ϬϬϬ͘ϬϬ ϭϬ͕ϬϬϬ͘ϬϬ ϭϱ͕ϬϬϬ͘ϬϬ ϮϬ͕ϬϬϬ͘ϬϬ Ϯϱ͕ϬϬϬ͘ϬϬ ϮϬϭϱ ϮϬϭϲ ϮϬϭϳ ϮϬϭϴ ϮϬϭϵ ϮϬϮϬ ϮϬϮϭ 'ƌŽƐƐZĞǀĞŶƵĞ͕Ψ >ŽƐƐŽĨŝŶũĞĐƚŝŽŶƐƵƉƉŽƌƚ ĨƌŽŵ^ƉƌŝŶŐĨŝĞůĚhŶŝƚ ŽůůĂƉƐĞŝŶŽŝůƉƌŝĐĞƐ ĚƵĞƚŽŽǀŝĚͲϭϵ ■ 437 Average Monthly Revenue, Expense, and Net Profit ;ϮϬ͕ϬϬϬ͘ϬϬͿ ;ϭϱ͕ϬϬϬ͘ϬϬͿ ;ϭϬ͕ϬϬϬ͘ϬϬͿ ;ϱ͕ϬϬϬ͘ϬϬͿ Ͳ ϱ͕ϬϬϬ͘ϬϬ ϭϬ͕ϬϬϬ͘ϬϬ ϭϱ͕ϬϬϬ͘ϬϬ ϮϬ͕ϬϬϬ͘ϬϬ Ϯϱ͕ϬϬϬ͘ϬϬ ϯϬ͕ϬϬϬ͘ϬϬ ϮϬϭϱ ϮϬϭϲ ϮϬϭϳ ϮϬϭϴ ϮϬϭϵ ϮϬϮϬ ϮϬϮϭ 'ƌŽƐƐZĞǀĞŶƵĞ͕Ψ džƉĞŶƐĞƐ;ŝŶĐůƵĚŝŶŐĂů' DƐƐĞƐƐŵĞŶƚĂŶĚZŽLJĂůƚLJWĂLJŵĞŶƚͿ͕Ψ EĞƚWƌŽĨŝƚ͕Ψ ΎŽĞƐŶŽƚŝŶĐůƵĚĞƐƚĂĨĨĐŽƐƚ͘ ϮϬϮϮ ■ ■ ■ I I I 438 Monthly Operating Expenses džƉĞŶƐĞ DŽŶƚŚůLJŽƐƚ dĂŶŬďĂƚƚĞƌLJůĞĂƐĞ Ψϳ͕ϭϱϬ WƵŵƉĞƌ ĐŚĂƌŐĞ Ψϯ͕ϴϬϬ DĂŝŶƚĞŶĂŶĐĞ Ψϱ͕ϱϱϬ ŽŵƉůŝĂŶĐĞ ΨϮ͕ϮϬϬ dŽƚĂů Ψϭϴ͕ϳϬϬ 439 Remaining Reserves (Capacity) •Reserves (SPEE) “Those quantities of petroleum anticipated to be commercially recoverable by application of development projects to know accumulations from a given date forward under defined conditions.” EŽƚ ĐŽŶŽŵŝĐ EŽ ZĞƐĞƌǀĞƐ •Civic Center is not economic and therefore reserves are zero •Civic Center will produce 5.5 BBLs/day with full production 440 Decision to Halt Production 2021-22 Factors •Loss of Springfield Unit injection •Collapse in oil prices •3rd party economic analysis •Aging infrastructure •Potential Redevelopment •Tank farm lease expiration 2024 Decision •Halt production •Investigate cost of abandonment •Minimize expenditures where possible 441 Conditions Assessment ------------ 442 Condition - Wells tĞůů ŽŵƉŽŶĞŶƚ ŽŶĚŝƚŝŽŶ ŽƐƚĨŽƌ<ŶŽǁŶ ŽŶĚŝƚŝŽŶƐƐĞƐƐŵĞŶƚ ŽƌDĂŝŶƚĞŶĂŶĐĞ sĞŶĚŽƌ ŽǁŶŚŽůĞ ŝǀŝĐĞŶƚĞƌϭ͕Ϯ͕ϯ WKKZͬ/EKW Z> ŝƐĐƵƐƐĞĚŝŶ tĞůůZĞĂĐƚŝǀĂƚŝŽŶ ƐůŝĚĞƐ KŝůtĞůů ^ĞƌǀŝĐĞƐ WƵŵƉŝŶŐ hŶŝƚƐ &/Zͬ'KK Ψϯ͕ϳϬϬ WƵŵƉŝŶŐ hŶŝƚZĞƉĂŝƌ ůĞĐƚƌŝĐDŽƚŽƌƐ ^ƚĂƌƚĞƌ ŶŽƚƵƉƚŽĐŽĚĞ WKKZͬ/EKW Z> ŝƐĐƵƐƐĞĚŝŶ tĞůůZĞĂĐƚŝǀĂƚŝŽŶ ƐůŝĚĞƐ /ŶŶŽǀĂƚŝǀĞ ůĞĐƚƌŝĐ 443 Condition –Piping and Tanks tĞůů ŽŵƉŽŶĞŶƚ ŽŶĚŝƚŝŽŶ ŽƐƚĨŽƌ<ŶŽǁŶ ŽŶĚŝƚŝŽŶƐƐĞƐƐŵĞŶƚŽƌ DĂŝŶƚĞŶĂŶĐĞ sĞŶĚŽƌ WŝƉŝŶŐĂŶĚdĂŶŬƐ &/Zͬ'KKΨϮϲ͕Ϯϱϱ ƉƉůƵƐ dĂŶŬ&Ăƌŵ^ĞĐŽŶĚĂƌLJ ŽŶƚĂŝŶŵĞŶƚ &/Zͬ'KKΨϭϰ͕ϵϳϱ ZDĂŬĞƌ /ŶƚĞƌŶĂƚŝŽŶĂů dKd>͗Ψϰϭ͕ϮϯϬ Q I nd l:l'ffMlll'!lf U ri . i!IVIK!ldc lliil llWI 444 Cost to Re-activate Oil Production ------------ 445 Known Repair Costs tĞůů ŽŵƉŽŶĞŶƚ ŽƐƚ ƐƚŝŵĂƚĞ ƐƚŝŵĂƚĞ &ƌŽŵ ŝǀŝĐĞŶƚĞƌϭ Ψϰϲ͕ϯϬϬ KŝůtĞůů^ĞƌǀŝĐĞƐ ŝǀŝĐĞŶƚĞƌϯ Ͳ ZĞŵŽǀĞĨŝƐŚϮͲϳͬϴΗ ůŝŶĞƌĂŶĚũƵŶŬ Ͳ ĂƐŝŶŐƌĞƉĂŝƌ Ψϱϰϰ͕ϵϱϬ Ψϴϵ͕ϬϬϬ KŝůtĞůů^ĞƌǀŝĐĞƐ KŝůtĞůů^ĞƌǀŝĐĞƐ WƵŵƉŝŶŐhŶŝƚ ůĞĐƚƌŝĐĂů Ψϲϱ͕ϮϬϬ /ŶŶŽǀĂƚŝǀĞ ůĞĐƚƌŝĐƐ &ĞŶĐŝŶŐ ΨϮ͕ϳϱϬ EŽǁůŝŶ&ĞŶĐŝŶŐ/ŶĐ dŽƚĂů͗Ψϳϰϴ͕ϮϬϬ ΎŽĞƐŶŽƚŝŶĐůƵĚĞƌĞƋƵŝƌĞĚŵĂŝŶƚĞŶĂŶĐĞĂŶĚƌĞƉĂŝƌĨƌŽŵĐŽŶĚŝƚŝŽŶƐĂƐƐĞƐƐŵĞŶƚ 446 Breakeven Oil Price ƐƐƵŵƉƚŝŽŶƐ͗ •ϱ͘ϱĂƌƌĞůƐŽĨŽŝůƉĞƌĚĂLJ •Ψϳϵϯ͕ϭϯϬ ŝŶƌĞĂĐƚŝǀĂƚŝŽŶĐŽƐƚƐ •Ψϭϴ͕ϳϬϬŵŽŶƚŚůLJĞdžƉĞŶƐĞƐ ZĞƐƵůƚ͗ •ΨϮϭϰƉĞƌďĂƌƌĞů Ͳ Ϯϱ͘ϬϬ ϱϬ͘ϬϬ ϳϱ͘ϬϬ ϭϬϬ͘ϬϬ ϭϮϱ͘ϬϬ ϭϱϬ͘ϬϬ ϭϳϱ͘ϬϬ ϮϬϬ͘ϬϬ ϮϮϱ͘ϬϬ :ĂŶͲϭϰ :ĂŶͲϭϱ :ĂŶͲϭϲ :ĂŶͲϭϳ :ĂŶͲϭϴ :ĂŶͲϭϵ :ĂŶͲϮϬ :ĂŶͲϮϭ :ĂŶͲϮϮ :ĂŶͲϮϯ :ĂŶͲϮϰ :ĂŶͲϮϱ :ĂŶͲϮϲ :ĂŶͲϮϳ :ĂŶͲϮϴ Kŝ ů W ƌ ŝ Đ Ğ Ă Ŷ Ě ŝ Ĩ Ĩ Ğ ƌ Ğ Ŷ ƚ ŝ Ă ů ͕ Ψ ͬ > ,ŝƐƚŽƌŝĐĂůĂŶĚ&ŽƌĞĐĂƐƚKŝůWƌŝĐĞƐ ƌĞŶƚ^ƉŽƚWƌŝĐĞ͕Ψͬ>ŝƚLJŽĨ,KŝůWƌŝĐĞ͕Ψͬ> ŝĨĨĞƌĞŶƚŝĂů;ƌĞŶƚŵŝŶƵƐ,Ϳ͕Ψͬ>ǀĞƌĞĂŐĞŝĨĨĞƌĞŶƚŝĂů͕Ψͬ> EzD yƌĞŶƚ&ƵƚƵƌĞƐWƌŝĐĞƐ;ǀŐŽĨtĞĚƐŝŶĞĐϮϬϮϮͿ &ŽƌĞĐĂƐƚŽĨ,KŝůWƌŝĐĞ͕Ψͬ> ƌĞĂŬ ǀĞŶKŝůWƌŝĐĞ͕Ψͬ>• ....... + + - + + 1 ~ttdtttttttttttttttttttWIIMlttt A • T T + + + + t I II It I It I It I Ill I It I It I It t to tot tot tot 447 Plan to Resume Operations ZĞƐƚĂƌƚtĞůůƐ ŽŶƚƌĂĐƚ WƵŵƉĞƌ KƚŚĞƌ ŽŶƚƌĂĐƚƐΘ WĞƌŵŝƚƐ EĞŐŽƚŝĂƚĞ dĂŶŬ&Ăƌŵ >ĞĂƐĞ EĞŐŽƚŝĂƚĞKŝů ĂŶĚ'ĂƐ DŝŶĞƌĂů>ĞĂƐĞ WŚLJƐŝĐĂůŽƵƚůĂLJŽĨ ĨƵŶĚƐŶĞĞĚĞĚƚŽƌĞͲ ƐƚĂƌƚǁĞůůĂŶĚƚĂŶŬ ďĂƚƚĞƌLJ ƐƚĂďůŝƐŚĐŽŶƚƌĂĐƚ ǁŝƚŚƉƵŵƉĞƌƚŽ ŽƉĞƌĂƚĞƚŚĞǁĞůůƐ ^ĞƚƵƉŽŝůǁĞůů ĐŚĞŵŝĐĂůƐ͕ǁĂƚĞƌ ƚĞƐƚŝŶŐ͕ŐĂƐƚĞƐƚŝŶŐ͕ ĞƚĐ͘ĨŽƌĐŽŵƉůŝĂŶĐĞ ĂŶĚŽƉĞƌĂƚŝŽŶƐ EĞŐŽƚŝĂƚĞŶĞǁ ĂŐƌĞĞŵĞŶƚǁŝƚŚdĂŶŬ &Ăƌŵ>>Ăƚ ƐŝŐŶŝĨŝĐĂŶƚůLJůŽǁĞƌ ĐŽƐƚ EĞŐŽƚŝĂƚĞŽŝůĂŶĚŐĂƐ ůĞĂƐĞǁŝƚŚ ůLJƐŝƵŵƚŽ ůŽǁĞƌƌŽLJĂůƚLJƌĂƚĞ ϭ Ϯ ϯ ϰ ϱ 448 Options ------------ 449 Full Production ŽƐƚƐ;KŶĞ dŝŵĞĂŶĚŶŶƵĂůͿ ƐƐĞƐƐŵĞŶƚƐ;ǁĞůůƐ͕ƚĂŶŬƐͬƉŝƉŝŶŐͿ Ψϰϰ͕ϵϯϬ <ŶŽǁŶZĞƉĂŝƌƐ Ψϳϰϴ͕ϮϬϬ hŶŬŶŽǁŶ ZĞƉĂŝƌƐʹ ĨƌŽŵƐƐĞƐƐŵĞŶƚƐ d dŽƚĂůKŶĞdŝŵĞŽƐƚƐ Ψϳϵϯ͕ϭϯϬ ƉůƵƐdĐŽƐƚƐ dŽƚĂůŶŶƵĂůŽƐƚƐ;KƉĞƌĂƚŝŽŶĂŶĚ DĂŝŶƚĞŶĂŶĐĞŽƐƚƐͿ ΨϮϮϰ͕ϰϬϬ dŽƚĂůKŶĞdŝŵĞŽƐƚƐƉůƵƐdŽƚĂůŶŶƵĂůŽƐƚƐ Ψϭ͕Ϭϭϳ͕ϱϯϬ ZĞǀĞŶƵĞ;ŶŶƵĂůͿ Kŝů ƌĞǀĞŶƵĞ ;Ϯ͕ϬϬϬ ďĂƌƌĞůͬLJƌΛΨϴϬ͘ϬϬͬďĂƌƌĞůͿ Ͳ DŝŶƵƐZŽLJĂůƚLJWĂLJŵĞŶƚ ΨϭϲϬ͕ϬϬϬ ΨϮϲ͕ϲϲϳ dŽƚĂůŶŶƵĂůZĞǀĞŶƵĞ WƌŽƐ ŽŶƐ DĂŝŶƚĂŝŶŝŶŐŽŝů ƉƌŽĚƵĐƚŝŽŶ ŽŶƚŝŶƵĞĚůŝĂďŝůŝƚLJƵŶƚŝůǁĞůůĂďĂŶĚŽŶŵĞŶƚ ŽŶƚŝŶƵĞĚĐŽƐƚƐƚŚĂƚŽƵƚǁĞŝŐŚƌĞǀĞŶƵĞƐ ŐŝŶŐŝŶĨƌĂƐƚƌƵĐƚƵƌĞ Ψϭϯϯ͕ϯϯϯ 450 Sell Wells/Lease ŽƐƚƐ ZĞǀĞŶƵĞ hŶŬŶŽǁŶ dEŽŶĞ Eͬ WƌŽƐ ŽŶƐ ůůŽǁƐƉŽƚĞŶƚŝĂůĨƵƚƵƌĞŝƚLJŽŝůƉƌŽĚƵĐƚŝŽŶ hŶůŝŬĞůLJŝŶƚĞƌĞƐƚ hŶŬŶŽǁŶĐŽƐƚƚŽ ƉƌĞƉĂƌĞŽŝůƵŶŝƚĨŽƌ ƐĂůĞͬůĞĂƐĞ ^ƚŝůůŶĞĞĚƚŽĂĚĚƌĞƐƐƚĂŶŬĨĂƌŵůĞĂƐĞ tŝůůŝŵƉĂĐƚĚĞǀĞůŽƉŵĞŶƚŽĨŝǀŝĐĞŶƚĞƌ 451 Idle Wells ŽƐƚƐ ZĞǀĞŶƵĞ KŶĞƚŝŵĞͲ ƵŶŬŶŽǁŶ ;ŵŝŶŝŵƵŵƌĞƉĂŝƌ ƚŽǁĞůůϯͿ DŝŶŝŵƵŵͲ Ψϱϰϰ͕ϵϱϬ EŽŶĞ Eͬ ŶŶƵĂů ĐŽƐƚƐ d WƌŽƐ ŽŶƐ WŽƐƐŝďůĞ ƌĞͲĂĐƚŝǀĂƚŝŽŶĂƚůĂƚĞƌƚŝŵĞ ^ƚŝůůƌĞƋƵŝƌĞƐĐĂƐŝŶŐƌĞƉĂŝƌŽŶǁĞůůηϯ ZĞƋƵŝƌĞƐŽŶŐŽŝŶŐĐŽŵƉůŝĂŶĐĞĂŶĚ ŵĂŝŶƚĞŶĂŶĐĞĐŽƐƚƐ ŝƚLJƌĞƚĂŝŶƐĐůŽƐƵƌĞůŝĂďŝůŝƚLJ ZĞƚĂŝŶƚĂŶŬĨĂƌŵůĞĂƐĞ 452 Abandonment ŽƐƚƐ;KŶĞ ƚŝŵĞͿ ZĞǀĞŶƵĞ ďĂŶĚŽŶ tĞůůƐʹ ƚŽďĞ ƐƚƵĚŝĞĚŝĨƌĞƋƵĞƐƚĞĚďLJ ŽƵŶĐŝů Ɛƚ͘Ψϭ͕ϱϬϬ͕ϬϬϬ EŽŶĞ Eͬ WƌŽƐ ŽŶƐ ZĞŵŽǀĞƐůŝĂďŝůŝƚLJ džƉĞŶƐŝǀĞŽŶĞͲƚŝŵĞŝŶǀĞƐƚŵĞŶƚ WŽƚĞŶƚŝĂůƚŽƌĞͲĚĞǀĞůŽƉŽǀĞƌǁĞůůƐ WĞƌŵĂŶĞŶƚĐůŽƐƵƌĞʹ ŶŽŽƉƚŝŽŶ ĨŽƌĨƵƚƵƌĞ ŽŝůƉƌŽĚƵĐƚŝŽŶ ĂŶƉŚĂƐĞ ƚŚĞĂďĂŶĚŽŶŵĞŶƚŝŶƚŽŵƵůƚŝͲ LJĞĂƌ ŶĚŽĨůŝĨĞŝƐƐƵĞƐǁŝƚŚƚĂŶŬĨĂƌŵůĞĂƐĞ 453 Summary &ƵůůWƌŽĚƵĐƚŝŽŶ ^Ğůůͬ>ĞĂƐĞ /ĚůĞ ďĂŶĚŽŶ ŽƐƚƐ Ͳ KŶĞdŝŵĞ Ͳ ŶŶƵĂů Ͳ ZĞƉĂŝƌ Ͳ Ɛƚ͘dŽƚĂů ͲΨϳϵϯ͕ϭϯϬ ͲΨϮϮϰ͕ϬϬϬ Ͳd ĨƌŽŵĂƐƐĞƐƐŵĞŶƚ ͲΨϭ͕Ϭϭϳ͕ϱϯϬ ƉůƵƐdĐŽƐƚƐ Ͳd ͲEͬ ͲdKŶĞdŝŵĞŽƐƚƐ ͲΨϱϰϰ͕ϵϱϬ ŵŝŶŝŵƵŵ Ͳd ͲΨϱϰϰ͕ϵϱϬŵŝŶƉůƵƐdĐŽƐƚƐ ͲΨϭ͕ϱϬϬ͕ϬϬϬĞƐƚŝŵĂƚĞĚ ͲEͬ ͲΨϭ͕ϱϬϬ͕ϬϬϬĞƐƚŝŵĂƚĞĚ ZĞǀĞŶƵĞ Ͳ ŶŶƵĂů Ψϭϯϯ͕ϯϯϯ EͬEͬEͬ WƌŽƐ •DĂŝŶƚĂŝŶŝŶŐŽŝů ƉƌŽĚƵĐƚŝŽŶ •ůůŽǁƐƉŽƚĞŶƚŝĂůĨƵƚƵƌĞŝƚLJŽŝů ƉƌŽĚƵĐƚŝŽŶ •WŽƐƐŝďůĞƌĞͲĂĐƚŝǀĂƚŝŽŶĂƚůĂƚĞƌƚŝŵĞ •ZĞŵŽǀĞƐůŝĂďŝůŝƚLJ •WŽƚĞŶƚŝĂůƚŽƌĞͲĚĞǀĞůŽƉŽǀĞƌǁĞůůƐ •ĂŶƉŚĂƐĞ ƚŚĞ ĂďĂŶĚŽŶŵĞŶƚ ŝŶƚŽ ŵƵůƚŝͲLJĞĂƌ ŽŶƐ •ŽŶƚŝŶƵĞĚůŝĂďŝůŝƚLJƵŶƚŝůǁĞůů ĂďĂŶĚŽŶŵĞŶƚ •ŽŶƚŝŶƵĞĚ ĐŽƐƚƐ ƚŚĂƚ ŽƵƚǁĞŝŐŚ ƌĞǀĞŶƵĞƐ •ŐŝŶŐ ŝŶĨƌĂƐƚƌƵĐƚƵƌĞ •hŶůŝŬĞůLJŝŶƚĞƌĞƐƚ •hŶŬŶŽǁŶĐŽƐƚ ƚŽ ƉƌĞƉĂƌĞŽŝů ƵŶŝƚ ĨŽƌ ƐĂůĞͬůĞĂƐĞ •^ƚŝůůŶĞĞĚƚŽĂĚĚƌĞƐƐƚĂŶŬ ĨĂƌŵůĞĂƐĞ •tŝůůŝŵƉĂĐƚĚĞǀĞůŽƉŵĞŶƚ ŽĨŝǀŝĐ ĞŶƚĞƌ •^ƚŝůůƌĞƋƵŝƌĞƐĐĂƐŝŶŐƌĞƉĂŝƌŽŶǁĞůůηϯ •ZĞƋƵŝƌĞƐ ŽŶŐŽŝŶŐ ĐŽŵƉůŝĂŶĐĞ ĂŶĚ ŵĂ ŝŶƚĞŶĂŶĐĞ ĐŽƐƚƐ •ŝƚLJƌĞƚĂŝŶƐ ĐůŽƐƵƌĞůŝĂďŝůŝƚLJ •DƵƐƚƌĞƚĂŝŶƚĂŶŬĨĂƌŵůĞĂƐĞ • džƉĞŶƐŝǀĞŽŶĞͲƚŝŵĞŝŶǀĞƐƚŵĞŶƚ •WĞƌŵĂŶĞŶƚ ĐůŽƐƵƌĞͲ ŶŽ ŽƉƚŝŽŶ ĨŽƌ ĨƵƚƵƌĞŽŝů ƉƌŽĚƵĐƚŝŽŶ • ŶĚŽĨůŝĨĞŝƐƐƵĞƐǁŝƚŚƚĂŶŬĨĂƌŵ ůĞĂƐĞ 454 Questions? 455 Request for City Council Action on Oil Wells Owned and Operated by the City Scott M. Haberle, Fire Chief Thomas Walker, Evans and Walker City Council Meeting – February 20, 2024 ~ ))'1, :---....... ~------ • •r . - 456 Agenda • Action to be taken • Background • Rationale for abandonment and lease restoration • Process employed to obtain bids for work • Results of bidding process 457 Civic Center Wells Acquired as a part of City acquisition of the Civic Center property in 1971. Uneconomic since 2014 and idle since 2021. Civic Center 3 Civic Center 2 Civic Center 1 Miley Keck Tank Farm Located ~1 mile north of the Civic Center at 19081 Huntington Street. Rented from Tank Farm LC through October 2024. Action Abandon wells and restore the two sites 458 Background Production – Civic Center Civic Center lease averaged 16.4 barrels of oil per day from January 2010 through June 2017 (prior to loss of pressure support) Civic Center lease averaged 5.5 barrels of oil per day from July 2017 through November 2021 (after loss of pressure support). This is a decrease of 10.9 barrels of oil per day. f':.c:ld : !luntington &e a ch Ca..sc: Naac:: Civic Cc:.nt c:it Wc:11 : All OV't' ffi ~~i i~o s <> -r j ,. " ' §~J vv-.,. V ~ ---........ 0 §~ I I I I I I 10 11 " y "\ -- I I I 12 !u .•t Ol. C'wa : 567 . 72 Mbbl O:.l item: 0 .00 Xbbl 0:.l ~tril : 567 . 73 Xbbl ~ fl ,M NV V iN ,1\ ~ I I I I I I I I I 13 14 15 i f &>;; -~~ .-~ /"" §s -.. .. -I ' \u i ' ~~ 0 0 ~ 0 • ~ l I I I I I I I I 11 ' ' 22 :.. 16 17 8 19 20 2 1 !u•t G a .s C' . 2'14.17 !Df:cf .. : 0 .00 MMc f .. : 271 . 77 )Qlcf -- 459 Rationale Average Monthly Revenue, Expense, and Net Profit (Lease lost money from 2015 through 2021) (20,000.00) (15,000.00) (10,000.00) (5,000.00) ‐ 5,000.00 10,000.00 15,000.00 20,000.00 25,000.00 30,000.00 2015 2016 2017 2018 2019 2020 2021 Gross Revenue, $ Expenses (including CalGEM Assessment and Royalty Payment), $Net Profit, $ *Does not include staff cost. • • • I I I • I I I I I I I I I I 460 Process • Divided project into 3 components: • Remove Miley Keck Tank Farm and restore lease (site) • Remove Civic Center equipment and partially restore lease • Abandon Civic Center wells and complete lease restoration • Submit Request for Proposals for 3 components • RFPs released August 2, 2023 • Job walk on August 16, 2023 • Receive bids on September 15, 2023 • Analyzed bids and requested clarification from bidders • Determined most responsive bidders and prepared Request for City Council Action 461 Results •Miley Keck Tank Farm Removal and Site Restoration • 3 firms submitted bids • American Integrated Services, Inc. was the most responsive bidder • Vendor submitted cost of $189,932 in the RFP •Proposed Costs with 15% Contingency: $218,422 •Civic Center Equipment Removal and Partial Site Restoration • 2 firms submitted bids • O.C. Vacuum, Inc. was the most responsive bidder • Vendor submitted cost of $405,514 in the RFP •Proposed Costs with 15% Contingency: $466,341 •Civic Center Well Abandonment and Final Site Restoration • 2 firms submitted bids • Excalibur Well Services was the most responsive bidder • Vendor submitted cost of $1,099,770 in the RFP. •Proposed Costs with 15% Contingency: $1,264,746 • Time & Materials contract which may require additional contingency funds to account for unknown well conditions •Estimated total cost will be $1,949,498 when including a 15% contingency. 462 Questions? 463 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-123 MEETING DATE:2/20/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Scott M. Haberle, Fire Chief PREPARED BY:Bonnie To, Principal Management Analyst Subject: Approve and authorize execution of a “Health Plan-Provider Agreement - Intergovernmental Transfer Rate Range Program Agreement” between CalOptima Health and the City of Huntington Beach Statement of Issue: On November 7, 2023, City Council approved the Fire Department’s participation in the Voluntary Rate Range Intergovernmental Transfer Program (VRRP IGT) to help recover unreimbursed City costs for service to CalOptima patients. This RCA is the second agreement needed to finalize the intergovernmental transfer. Financial Impact: If the attached Health Plan-Provider Agreement with CalOptima is approved, the City will receive a $ 5,525,810 disbursement, which is detailed below: $5,525,810 Estimated Disbursement to Huntington Beach after CalOptima’s 2% Share - $2,282,450 Total Amount that Huntington Beach Pays (Budget Appropriation Approved 11/7/2023) $3,243,360 Estimated Net Revenue that Huntington Beach Receives (98% Share) in FY 2023/24 Recommended Action: Approve and authorize execution of a “Health Plan-Provider Agreement - Intergovernmental Transfer Rate Range Program Agreement” between CalOptima Health and the City of Huntington Beach Alternative Action(s): Do not approve the recommended action, and direct staff accordingly. Analysis: On November 7, 2023, City Council approved and authorized execution of an agreement with the California Department of Health Care Services (DHCS) to participate in the Voluntary Rate Range City of Huntington Beach Printed on 2/14/2024Page 1 of 2 powered by Legistar™464 File #:24-123 MEETING DATE:2/20/2024 Intergovernmental Transfer Program to help recover unreimbursed City costs for service to CalOptima patients. As part of this action, the City Council also approved a budget appropriation of $2,282,450 to provide a required upfront contribution, in order to participate in the program and eventually receive a larger disbursement of $5,525,810 through intergovernmental transfer with CalOptima and DHCS. The proposed Health Plan-Provider Agreement with CalOptima Health must be approved and executed in order to receive this disbursement, resulting in a net revenue of approximately $3,243,360 for additional reimbursement of Medi-Cal Managed Care services that were incurred and unreimbursed for the service period of January 1, 2022 through December 31, 2022. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Goal 2 - Fiscal Stability, Strategy A - Consider new revenue sources and opportunities to support the City's priority initiatives and projects. Attachment(s): 1. Agreement between CalOptima Health and the City of Huntington Beach 2. File # 23-949 from the November 7, 2023 Council Meeting 3. VRRP IGT PowerPoint from The November 7, 2023 Council Meeting City of Huntington Beach Printed on 2/14/2024Page 2 of 2 powered by Legistar™465 HEALTH PLAN-PROVIDER AGREEMENT INTERGOVERNMENTAL TRANSFER RATE RANGE PROGRAM AGREEMENT This Agreement is made this 1st day of November, 2023, by and CALOPTIMA HEAL TH, a California public agency hereinafter referred to as "PLAN", and the City of Huntington Beach, a California municipal corporation operating through its Fire Department, hereinafter referred to as "PROVIDER". RECITALS: WHEREAS, PLAN is a public agency formed pursuant to California Welfare and Institutions Code Section 14087.54 and Orange County Ordinance No. 3896 as amended by Ordinance Nos. 00-8, 05-008, 06-012, 09-001, 11-013, 14-002 and 16-001, and is party to a Medi-Cal managed care contract with DHCS, entered into pursuant to Welfare and Institutions Code Section 14087.3, under which PLAN arranges and pays for the provision of covered Medi- Cal health care services to eligible Medi-Cal members residing in Orange County; WHEREAS, the City of Huntington Beach is an emergency transport provider who provides transportation on a non-contract basis, including to Cal Optima Health Medi-Cal Members; WHEREAS, PLAN and PROVIDER desire to enter into this Agreement to provide for Medi-Cal managed care capitation rate increases to PLAN as a result of intergovernmental transfers ("IGTs") from City of Huntington Beach (GOVERNMENTAL FUNDING ENTITY) to the California Department of Health Care Services ("State DHCS") to maintain the availability of Medi-Cal health care services to Medi-Cal beneficiaries. NOW, THEREFORE, PLAN and PROVIDER hereby agree as follows: IGT MEDI-CAL MANAGED CARE CAPITATION RATE RANGE INCREASES 1. IGT Capitation Rate Range Increases to PLAN A. Payment Should PLAN receive any Medi-Cal managed care capitation rate increases from State DHCS where the nonfederal share is funded by the GOVERNMENTAL FUNDING ENTITY specifically pursuant to the provisions of the Intergovernmental Agreement Regarding Transfer of Public Funds, CONTRACT# 22-0007, ("Intergovernmental Agreement") effective for the period of and January 1, 2022 through December 31, 2022 for Intergovernmental Transfer Medi-Cal Managed Care Rate Range Increases ("IGT MMCRRis"), PLAN shall pay to PROVIDER the amount of the IGT MMCRRis received from State DHCS, in accordance with paragraph 1.E below regarding the form and timing of Local Medi-Cal Managed Care Rate Range ("LMMCRR") IGT Payments. LMMCRR IGT Payments paid to PROVIDER shall not replace or supplant any other amounts paid or payable to PROVIDER by PLAN. 466 B. Health Plan Retention (1) a. PLAN shall retain two percent (2.0%) of the net proceeds (after reimbursing PROVIDER's initial contribution for the transaction), from the Medi-Cal managed care rate increases paid to PLAN by DHCS as described in this agreement prior to disbursing LMMCRR IGT Payments to PROVIDER. The retained funds will be expended by PLAN for Covered Services under PLAN's contract with DHCS for Medi-Cal, in either the State fiscal year received, or in subsequent State fiscal years, as appropriated by the Cal Optima Health Board of Directors. Each provider's share of the retained funds shall be calculated based on the provider's proportionate share of the LMMCRR IGT payment made by PLAN in Orange County. b. The amounts referenced in this agreement are estimates. The parties understand and agree that the total amount of the Medi-Cal managed care capitation rate increases paid by DHCS to PLAN may fluctuate as a result of enrollment. The parties further understand and agree that any such fluctuations will likewise affect the amount to be retained by the PLAN and the amount payable to PROVIDER by the same percentage as the variance in the capitation rate increases, if any. (2) PLAN will not retain any other portion of the IGT MMCRRis received from the State DHCS other than those mentioned above. C. Conditions for Receiving Local Medi-Cal Managed Care Rate Range IGT Payments As a condition for receiving LMMCRR IGT Payments, PROVIDER shall, as of the date the particular LMMCRR IGT Payment is due: (1) continue to provide emergency transport services to PLAN Members promptly and in a manner which ensures access to care consistent with PROVIDER's regular business practices for providing such services; and (2) not discriminate against PLAN Members or in any way impose limitations on the acceptance of PLAN Members for care or treatment that are not imposed on other patients of PROVIDER. D. Schedule and Notice of Transfer of Non-Federal Funds 1. PROVIDER shall provide PLAN with a copy of the schedule regarding the transfer of funds to State DHCS referred to in the Intergovernmental Transfer Agreement within fifteen (15) calendar days of establishing such schedule with State DHCS. Additionally, PROVIDER shall notify PLAN, in writing, no less than seven (7) calendar days prior to any changes to an existing schedule, including but not limited to, changes to the amounts specified therein. 2 467 2. PROVIDER shall provide PLAN with written notice of the amount and date of the transfer within seven (7) calendar days after funds have been transferred to State DHCS for use as the nonfederal share of any IGT MMCRRis. E. Form and Timing of Payments PLAN agrees to pay LMMCRR IGT Payments to PROVIDER in the following form and according to the following schedule: (1) PLAN agrees to pay the LMMCRR IGT Payments to PROVIDER using the same mechanism through which compensation and payments are normally paid to PROVIDER ( e.g., electronic transfer). (2) PLAN will pay the LMMCRR IGT Payments to PROVIDER no later than thirty (30) calendar days after receipt of the IGT MMCRRis from State DHCS. F. Consideration (1) As consideration for the LMMCRR IGT Payments, PROVIDER shall use the LMMCRR IGT Payments for the following purposes and shall treat the LMMCRR IGT Payments in the following manner: (a) The LMMCRR IGT Payments shall represent compensation for emergency ambulance services rendered to Medi-Cal PLAN members by PROVIDER between January 1, 2022, and December 31, 2022, and shall be used by PROVIDER solely to fund the costs that exceed the fee-for-service rates paid by Medi-Cal PLAN for covered services provided to Medi-Cal PLAN Members during that period. (b) To the extent that total payments received by PROVIDER for any State fiscal year under this Agreement exceed the cost of Covered Services provided to Medi-Cal PLAN members by PROVIDER during that fiscal year, any remaining LMMCRR IGT Payment amounts shall constitute an overpayment, and shall by returned to Medi-Cal PLAN pursuant to the provisions of Section 1.K., below (2) Both parties agree that none of these funds, either from the GOVERNMENTAL FUNDING ENTITY or federal matching funds will be recycled back to the GOVERNMENTAL FUNDING ENTITY'S general fund, the State, or any other intermediary organization. Payments made by the health plan to providers under the terms of this Agreement constitute patient care revenues. G. PLAN's Oversight Responsibilities PLAN's oversight responsibilities regarding PROVIDER's use of the LMMCRR IGT Payments shall be limited as described in this paragraph. PLAN shall request, within thirty (30) calendar days after the end of each State fiscal year in which LMMCRR IGT Payments were transferred to PROVIDER, a written confirmation that states whether and how PROVIDER complied with the provisions set forth in Paragraph 1.F above. In each instance, PROVIDER 3 468 shall provide PLAN with written confirmation of compliance within thirty (30) calendar days of PLAN' s request. H. Cooperation Among Parties Should disputes or disagreements arise regarding the ultimate computation or appropriateness of any aspect of the LMMCRR IGT Payments, PROVIDER and PLAN agree to work together in all respects to support and preserve the LMMCRR IGT Payments to the full extent possible on behalf of the safety net in Orange County. I. Reconciliation Within one hundred twenty (120) calendar days after the end of each of PLAN's fiscal years in which LMMCRR IGT Payments were made to PROVIDER, PLAN shall perform a reconciliation of the LMMCRR IGT Payments transmitted to the PROVIDER during the preceding fiscal year to ensure that the supporting amount of IGT MMCRRis were received by PLAN from State DHCS. PROVIDER agrees to return to PLAN any overpayment ofLMMCRR IGT Payments made in error to PROVIDER within thirty (30) calendar days after receipt from PLAN of a written notice of the overpayment error, unless PROVIDER submits a written objection to PLAN. Any such objection shall be resolved in accordance with the dispute resolution process set forth in Section 1.H. The reconciliation processes established under this paragraph are distinct from the indemnification provisions set forth in Paragraph 1.J below. PLAN agrees to transmit to the PROVIDER any underpayment ofLMMCRR IGT Payments within thirty (30) calendar days of PLAN' s identification of such underpayment. J. Indemnification PROVIDER agrees to and acknowledges the following: (1) PLAN has no obligation to make any payments hereunder until PLAN has received IGT MMCRRis from State DHCS; (2) that PLAN is not responsible for State DHCS payments to PLAN, including any mathematical calculations made by DHCS, and (3) PLAN is not responsible for the timing of the payments from DHCS to PLAN (including the conditions precedent to the timing of such payments which includes the timing of DHCS submission to CMS and/or CMS review and approval). In addition, PLAN and PROVIDER agree and acknowledge that nothing herein is intended to create an obligation on the part of PLAN to agree to delays in capitation payment(s) from DHCS in order to accommodate this IGT. K. Overpayments and CalOptima Health Right to Recover PROVIDER has an obligation to report any overpayment identified by PROVIDER, and to repay such overpayment to Cal Optima Health within sixty (60) days of such identification by PROVIDER, or of receipt of notice of an overpayment identified by CalOptima Health. PROVIDER acknowledges and agrees that, in the event that Cal Optima Health determines that an amount has been overpaid or paid in duplicate, or that funds were paid which were not due under this Contract to PROVIDER, Cal Optima Health shall have the right to recover such amounts from PROVIDER by recoupment or offset from current or future amounts due from CalOptima Health to PROVIDER, after giving notice and an opportunity to return/pay such amounts. This right to recoupment or offset shall extend to any amounts due from 4 469 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-949 MEETING DATE:11/7/2023 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:Jeff Lopez, Fire Division Chief Bonnie To, Principal Management Analyst Subject: Approve and authorize execution of an agreement between the California Department of Health Care Services (DHCS) and City of Huntington Beach; authorize designated City staff to execute the agreement; and , approve an appropriation of $2,282,450 for the agreement during FY 23/24 Statement of Issue: City Council is requested to approve and authorize execution of an agreement between the California Department of Health Care Services (DHCS) and City of Huntington Beach to participate in the Voluntary Rate Range Intergovernmental Transfer Program (VRRP IGT) to help recover unreimbursed City costs for service to CalOptima patients. City Council is also requested to designate and authorize the City Manager, Chief Financial Officer, and/or Fire Chief to sign the agreement to obtain funding as stated in the agreement between DHCS and City of Huntington Beach and approve an appropriation of $2,282,450 to execute the agreement. Financial Impact: A new appropriation of $2,282,450 to business unit 10065403 is requested pursuant to Exhibit 1 of the attached agreement. Sufficient funding is available for this request from the planned FY 2023/24 year-end General Fund surplus. With this agreement and Huntington Beach’s payment of $2,282,450, it is anticipated that an estimated $5,525,810 in funds will be distributed to Huntington Beach, resulting in a net revenue of approximately $3,243,360 for additional reimbursement of Medi-Cal Managed Care services that were incurred and unreimbursed for the service period of January 1, 2022 through December 31, 2022. Recommended Action: City of Huntington Beach Printed on 11/1/2023Page 1 of 4 powered by Legistar™ File #:23-949 MEETING DATE:11/7/2023 471 File #:23-949 MMEETING DATE:11/7/2023 A) Approve and authorize execution of an agreement between the California Department of Health Care Services (DHCS) and City of Huntington Beach; and B) Authorize the designation of the City Manager, Chief Financial Officer, and/or Fire Chief to execute the agreement; and C) Approve an appropriation of $2,282,450 to business unit 10065403 as required by the agreement. Alternative Action(s): Do not approve the recommended action(s), and direct staff accordingly. Analysis: Background In March of 2023, the Fire Department and Finance Department reached out to CalOptima to inquire about our potential participation in their Voluntary Rate Range Intergovernmental Transfer Program (VRRP IGT) to help recover unreimbursed City costs for service to CalOptima patients. During FY 22/23, the City was notified of eligibility to participate in the VRRP IGT . Per the CalOptima Health Board of Directors Regular Meeting Minutes, dated September 7, 2023: The Voluntary Rate Range IGT program allows DHCS and CalOptima Health to secure additional Medi-Cal dollars for eligible Orange County entities. For each IGT transaction, DHCS identifies the estimated member months for rate categories (e.g., adult, adult optional expansion, child, long term care, seniors and persons with disabilities, and whole child model) and provides the total amount available for Orange County to contribute through funding entities. To receive funds, entities provide a dollar amount to DHCS, which is then used to obtain a federal match. DHCS distributes the funds and the match to the eligible entities through CalOptima Health. To date, CalOptima Health has participated in eleven Voluntary Rate Range IGT transactions. The City’s ongoing participation in the program is dependent on available federal funding for the program and the City’s ability to provide the upfront contribution required. The contribution and net revenue received annually by the City is also dependent on other factors, such as the number of program participants in the County and number of Medi-Cal calls for service. The City of Newport Beach and the City of Orange have participated in the VRRP IGT for over five years and have received net revenue. Other entities eligible for this year’s VRRP IGT through CalOptima include: First 5 Orange County, Orange County Health Care Agency, and UCI Health. Recommended Action: If City Council approves the recommended actions, the agreement with DHCS would require an upfront payment of $2,282,450. Once paid, an estimated $5,525,810 will be disbursed to Huntington Beach within approximately 60 days through CalOptima, for a net revenue of approximately $3,243,360. The 60-day time estimate is based on the actual transfer dates of last year’s VRRP IGT. The required upfront payment and subsequent disbursement from CalOptima are calculated below City of Huntington Beach Printed on 11/1/2023Page 2 of 4 powered by Legistar™472 File #:23-949 MMEETING DATE:11/7/2023 and are based on Medi-Cal managed care services provided by the City during the January 1, 2022 - December 31, 2022 period: $1,902,041 Estimated Contribution (Non-Federal Share) that Huntington Beach Pays + $ 380,409 20% DHCS Fee that Huntington Beach Pays $2,282,450 Total Amount that Huntington Beach Pays (New Appropriations Request) $5,525,810 Estimated Disbursement to Huntington Beach after CalOptima’s 2% Share - $2,282,450 Total Amount that Huntington Beach Pays $3,243,360 Estimated Net Revenue that Huntington Beach Receives (98% Share) The agreement was emailed to Huntington Beach on October 16, 2023 and is required to be executed on or before November 24, 2023 per DHCS. The upfront payment of $2,282,450 from Huntington Beach to DHCS is due by February 16, 2024. The amount the City initially transfers shall be calculated using the Estimated Member Months (refer to Exhibit 1 in IGT Agreement Regarding Transfer of Public Funds with DHCS), which will be reconciled to actual enrollment for the service period of January 1, 2022 through December 31, 2022 using actual enrollment figures taken from DHCS records. Enrollment reconciliation will occur on an ongoing basis as updated figures are made available. If, after the enrollment reconciliation, there is an increase to the amount needed to fund the nonfederal share, the City will be required to transfer additional funds to cover the difference. If, after the reenrollment reconciliation there is a decrease to the amount needed to fund the nonfederal share, the City can choose to receive the additional funds from DHCS. If mutually agreed upon by DHCS and the City, amounts due to or owed by City may be offset against future transfers. Actual enrollment figures for this IGT capitation rate period will be considered final two years after December 31, 2022. In addition, the City of Huntington Beach would need to sign a separate agreement with CalOptima regarding the payment of the estimated $5,525,810 from CalOptima to Huntington Beach (CalOptima agreement). CalOptima did not send their finalized CalOptima agreement to the City by the time this staff report was issued; therefore, staff will bring back a future Request for Council Action agenda item within FY 2023/24 to receive the $5,525,810. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Goal 2 - Fiscal Stability, Strategy A - Consider new revenue sources and opportunities to support the City's priority initiatives and projects. City of Huntington Beach Printed on 11/1/2023Page 3 of 4 powered by Legistar™ In addition, the City of Huntington Beach would need to sign a separate agreement with CalOptimayggpg p regarding the payment of the estimated $5,525,810 from CalOptima to Huntington Beach (CalOptimaggpyp g (p agreement). CalOptima did not send their finalized CalOptima agreement to the City by the time thisg)p pg yy staff report was issued; therefore, staff will bring back a future Request for Council Action agendapg item within FY 2023/24 to receive the $5,525,810. 473 File #:23-949 MMEETING DATE:11/7/2023 Attachment(s): 1. Agreement between the California Department of Health Care Services (DHCS) and City of Huntington Beach 2. CalOptima Health Board of Directors Regular Meeting Minutes dated 09/07/2023 3. VRRP IGT PowerPoint City of Huntington Beach Printed on 11/1/2023Page 4 of 4 powered by Legistar™474 Minutes City Co uncil/Public Financing Authority Cit y of Hu nt ington Beach T uesday, November 7, 2023 4:00 PM -Counci l Chambers 6 :00 PM -Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 A video re cording of the 4:00 PM and 6:00 PM portions of this meeting is on file in t he Office of the City C lerk, a nd archived at www.surfcity-hb.org/government/agendas/ 4:00 PM -COU NCIL CHAMBERS CALLED TO ORDER -4 :01 PM ROLL CALL Present: Absent: Kalmick , Natalie Moser, Van Der Mark, St rickland , McKeon, Bolton, and Burns None City Manager Al Z elinka was granted permission to be absent pursuant to City Charter Section 400. CITY COUN C ILMEMBER COMMENTS (3-M inute Time Limit) Mayor Strickland and Councilmembers Burns and McKeon honored the ISA World Para Surfing Event ; Councilmember Moser recognized the passing of beloved community member Diane Dwyer of the Assistance League, and Jan Tyler, former member of the Human Relations Task Force; Councilmember Bolton acknowledged November as Native American Heritage Month; and, Council member McKeon recognized World Series winner Texas Ranger s Relief Pitcher and Huntington Beach resident Ian Kennedy. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAIN ING TO CLOSED SESSION ITEMS (Received After Agenda Distribution): Pursuant to the Brown "Open Meetings" Act , City Clerk Rob in 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: Closed Session: Item #5-One (1) e-mail communication . PUBLIC COMMENTS (3-Minute Time Limit) - 3 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/governmentlagendas. Shirley Dettloff was called to speak and stated her concern regarding Closed Session Items #4 Public Employee Appointment for City Manager, and #5 Public Employee Performance Evaluation of the City 475 Council/PFA Minutes November 7, 2023 Page 10 of 14 16. 23-939 Approved and authorized execution of a contract between the City of Huntington Beach and Wittman Enterprises, LLC to provide bi lling services for emergency paramedic and ambulance services A motion was made by Strickland, second Van Der Mark to approve and authorize the Mayor and City Clerk to execute the "Professional Services Contract Between the City of Huntington Beach and W ittman Enterprises, LLC for Billing Se rvices for Emergency Paramedic and Ambulance Service" in an amount not to exceed $1,400,000 over three years. T he motion carried by the following roll call vote: A Y ES : NOES: 17. 23-949 Kalm ick, Natali e Moser, Van Der Mark, St rickland, Mc Keon , Bolton, and Burns None Approved and authorized execution of an ag reement between the Cal ifornia Department of Health Care Services (DHCS) and City of Huntington Beach; authorized designated City staff to execute the agreement; and aJ?proved an appropriation of $2,282,450 for the agreement during FY 23/24? Councilmember McKean pulled this item to invite Fi re Chief Haberle to p rovide details on the benefits of this p rogram. Division Chief L opez , the staff membe r responsi ble for b ringing this opportun ity forwar~ resented a PowerPoint communication titled Voluntary Rate Range /GT Program (VRRP /GT with slides e ntitled: Recommendat"o • Background (2); Steps; Future; and Questions. A motion was made by Strickland, se cond Kalm ick to approve and authorize execution of an agreement between the California Depart ment of Health Care Services (D HCS) and City of Huntington Beach; and aut horize the designation of the City Manager, Chief Financial Officer, and/or Fire Chief to execute the agr eement; and approve an al2J)ropr iation of $2,282,450 to business u nit 10065403 as required b the agreement. T he mot io n ca r ried by the following roll ca ll vote: YES: NOES: Kalmick Natalie Moser, Van Der Mark, Strickland, McKean, Bolton, and Burns N one HUMAN RESOURCES 18. 23-962 Adopted Resolut ion No. 2023-57 authorizing the City Manager to submit disability applications for all members of the Public Employees Retirement System (PERS) and make determinations of disability for local safety members A motion was m ade by Strickland , second Van Der Ma r k to adopt Resolution No. 2023-57, "A Resolution of the City Coun cil of the C ity of Huntington Beach authorizi n g the City Manager to submit disability applications for all members of the Public Employees Retirement System and make determ inations of disability for local safety members", and repeal Resolu tion No. 2016-4 3. T he motion carried by the following roll call vote: A YES: NO ES: Kalmick, Natalie Moser, Van Der Mark, Strickland, McKeon , Bolton, and Burns N one 476 Voluntary Rate Range IGT Program (VRRP IGT) Huntington Beach Fire Department November 7, 2023¼~))~ ~ --~ . .,._ ~ 477 Recommendation A) Approve and authorize execution of an agreement between the California Department of Health Care Services (DHCS) and City of Huntington Beach; B) Authorize designated city staff to execute the agreement; and C) Approve an appropriation of $2,282,450 for the agreement during FY 23/24. 478 Background During FY 22/23, the City was notified of eligibility to participate in the Voluntary Rate Range IGT program (VRRP IGT) The City of Newport Beach and the City of Orange have participated in the VRRP IGT for over five years and have received net revenue. Other entities eligible for this year’s VRRP IGT through CalOptima include First 5 Orange County, Orange County Health Care Agency, UCI Health. 479 Background The CalOptima Health Board Action Agenda Referral dated 08/31/2023 states: The Voluntary Rate Range IGT program allows DHCS and CalOptima Health to secure additional Medi-Cal dollars for eligible Orange County entities. For each IGT transaction, DHCS identifies the estimated member months for rate categories (e.g., adult, adult optional expansion, child, long term care, seniors and persons with disabilities, and whole child model) and provides the total amount available for Orange County to contribute through funding entities. To receive funds, entities provide a dollar amount to DHCS, whichis then used to obtain a federal match. DHCS distributes the funds and the match to the eligible entities through CalOptima Health. To date, CalOptima Health has participated in eleven Voluntary Rate Range IGT transactions. 480 Step 1 A) Approve and authorize execution of an agreement between the California Department of Health Care Services (DHCS) and City of Huntington Beach; B) Authorize designated city staff to execute the agreement; and C) Approve an appropriation of $2,282,450 for the agreement during FY 23/24. Step 2 Huntington Beach transfers funds/pays DHCS $2,282,450 a in FY 23/24. Step 3 DHCS pays the IGT funds. Then CalOptima, the managed care plan, pays Huntington Beach $2,282,450 + $3,243,360 = $5,525,810 in FY 23/24. Therefore, Huntington Beach’s estimated net revenue is $3,243,360. Steps 481 Future The City’s ongoing participation in the program is dependent on available federal funding for the program and the City’s ability to provide the upfront contribution required. The contribution and net revenue received annually by the City is also dependent on other factors, such as the number of program participants in the County and number of Medi-Cal calls for service. 482 Questions? 483 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-087 MEETING DATE:2/20/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Eric Parra, Chief of Police PREPARED BY:Lt. Thoby Archer and Ingrid Ono, Executive Assistant Subject: Approve and authorize a six-month extension to a Service Agreement with the City of Newport Beach for Public Safety Helicopter Services Statement of Issue: The City of Newport Beach is requesting a six-month extension to a service agreement with the City of Huntington Beach for Public Safety Helicopter Services. The current three-year agreement expired on December 31st, 2023. Financial Impact: The proposed six-month extension will generate up to $400,000 in General Fund revenue for the City of Huntington Beach During the proposed extension, revenues will be deposited into Business Unit 10000100. Recommended Action: Approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Services Agreement For Public Safety Helicopter Support Between the City of Huntington Beach and the City of Newport Beach.” Alternative Action(s): Do not approve, and direct staff accordingly. Analysis: On June 30, 2011, the Airborne Law Enforcement Services (ABLE), a Joint Powers Authority, was dissolved, leaving the City of Newport Beach without public safety helicopter support services. Since then, the City of Newport Beach has contracted with the City of Huntington Beach for these services. st City of Huntington Beach Printed on 2/14/2024Page 1 of 2 powered by Legistar™484 File #:24-087 MEETING DATE:2/20/2024 The current agreement with the City of Newport Beach expired on December 31st, 2023. The City of Newport Beach requests a six-month extension of the contract from January 1, 2024 through June 30, 2024. The extension would allow up to 500 hours of exclusive public safety helicopter services to the City of Newport Beach at an hourly rate of $840, generating up to $420,000 in General Fund revenue for the City of Huntington Beach. 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. Services Agreement for Public Safety Helicopter Support Between the City of Huntington Beach and the City of Newport Beach 2. Proposed Amendment No. 1 to Services Agreement 3. Certificate of Self Insurance 4. Certificate of Insurance City of Huntington Beach Printed on 2/14/2024Page 2 of 2 powered by Legistar™485 SERVICES AGREEMENT FOR PUBLIC SAFETY HELICOPTER SUPPORT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE CITY OF NEWPORT BEACH This Services Agreement for Public Safety Helicopter Support ("Agreement") is made by and between the City of Huntington Beach, a California Municipal Corporation ("Huntington Beach") and the City of Newport Beach, a California Municipal Corporation ("Newport Beach") based on the following: A. Huntington Beach employs, maintains, trains and equips personnel capable of responding to requests for public safety helicopter services from ground based public safety personnel. B. Newport Beach is responsible for providing public safety services within its jurisdiction, which include public safety helicopter services. C. Newport Beach requires the services of Huntington Beach to provide public safety helicopter services to its land and residents. TERM This Agreement shall commence on the date it is last executed by a party and end on December 31, 2023 unless terminated earlier as set forth herein. I PURPOSE 1.01 The purpose of this Agreement is to provide public safety helicopter services to Newport Beach's land and residents and for Newport Beach to pay an all-inclusive flat rate per hour for the cost of the services provided by Huntington Beach. 1.02 Nothing in this Agreement shall be interpreted to give Newport Beach a right to services from Huntington Beach. Huntington Beach expressly retains all rights and powers to direct, manage, maintain, train, employ, equip, operate and control all equipment, facilities, properties and personnel in providing public safety helicopter services to Newport Beach pursuant to this Agreement. Newport Beach acknowledges and agrees that the efficient use of public safety helicopter services requires a timely and prioritized response of a helicopter. Newport Beach agrees that Huntington Beach will have the sole discretion to determine the priority of calls for service and when an assignment of an air crew to a call will be terminated. 1.03 Notwithstanding anything in the Agreement to the contrary, the Newport Beach expressly retains all rights and powers to direct, manage, maintain, train, employ, equip, operate and control all equipment, facilities, prope1iies and personnel in providing ground based public safety services to its land and residents. 20-8633/229965 1 486 II SERVICES 2.01 Huntington Beach will furnish Newport Beach with public safety helicopter services that will include a helicopter aircrew comprised of a pilot and tactical flight officer that are both sworn peace officers and specially trained to conduct public safety helicopter services. Huntington Beach and the helicopter aircrews retain the sole and exclusive discretion as to the specific type, nature, timing and duration of the services performed pursuant to this Agreement. 2.02 Huntington Beach certifies that all helicopter aircrews providing public safety helicopter services to Newport Beach under this Agreement currently possess, and shall maintain for the life of this Agreement, all permits, licenses, certifications, and training required from any federal, state or local governmental entity to provide public safety helicopter services. 2.03 In no event shall Huntington Beach or the helicopter aircrew be responsible for the direction and control of ground based public safety personnel and equipment of Newport Beach during the course and scope of the public safety helicopter services performed pursuant to this Agreement. 2.04 In the event of a natural disaster or local or regional emergency, Huntington Beach shall take all reasonable steps to provide Newport Beach with public safety helicopter service that is dedicated to the exclusive use of Newport Beach. This shall include an obligation on the part of Huntington Beach to "hold over" any on-duty and/or "call in" any off-duty helicopter aircrew(s) or personnel necessary to provide Newport Beach with public safety helicopter service that is dedicated to the exclusive use of Newport Beach. Additionally, in the event of a natural disaster or local or regional emergency, Huntington Beach shall provide Newport Beach with a first right of refusal to have public safety helicopter services prior to allowing or releasing said public safety helicopter services to other governmental agencies for use or deployment during said natural disaster or local or regional emergency. III COMPENSATION 3.01 Newport Beach shall pay Huntington Beach for the public safety helicopter services provided on an hourly basis in accordance with the provisions of this Section. Huntington Beach's total compensation for all services performed in accordance with this Agreement shall not exceed Two Million Four Hundred Thousand Dollars and no/100 ($2,400,000.00) without prior written authorization from Newport Beach. Furthermore, Huntington Beach's total compensation in any single Fiscal Year ( defined as July 1st through June 30th) shall not exceed Eight Hundred Thousand Dollars and no/100 ($800,000.00) without prior written authorization from Newport Beach. Services Agreement For Public Safety Helicopter Support 2 487 3.02 Huntington Beach shall provide public safety helicopter services to Newport Beach at an all-inclusive flat rate as set forth in this Agreement. Newport Beach shall incur no other direct or indirect costs or fees for the services provided by Huntington Beach under this Agreement. Huntington Beach shall bill Newport Beach for all public safety helicopter services provided under this Agreement in tenth of an hour increments. 3.03 Huntington Beach shall submit monthly invoices to Newport Beach describing the public safety helicopter services provided in the preceding month. Huntington Beach will also provide Newport Beach with a monthly statement detailing all calls for service and time spent on routine patrol over Newport Beach's jurisdiction. The monthly statement shall include the names of the helicopter aircrew who performed the services, a brief description of the services performed and/or the specific task performed, the date the services were performed, the number of hours spent on all services billed on an hourly basis in tenth of an hour increments. 3.04 Newport Beach's Chief of Police, or the Chiefs designee (the "Chief'), shall notify the Huntington Beach Air Support Unit Commander ("Unit Commander") within twenty (20) days ofreceipt of the monthly statement of any disputed calls for service or time spent on routine patrol over Newport Beach's jurisdiction. The Unit Commander and the Chief will review the public safety helicopter service provided by Huntington Beach on an as needed basis to ensure that it coincides with the service level desired by Newport Beach. The Unit Commander and the Chief will be responsible for cooperatively resolving any disputes over services provided under this Agreement and adjusting the service level to coincide with that desired by Newport Beach. 3.05 Should Huntington Beach provide over One Thousand (1000) hours of public safety helicopter services to Newport Beach in any single Fiscal Year under this Agreement, Huntington Beach acknowledges and agrees that it shall not receive any compensation for said services without the prior written authorization from Newport Beach. 3.06 Huntington Beach shall provide public safety helicopter services to Newport Beach at an all-inclusive flat rate of Eight Hundred Dollars ($800) per hour of service for the first year of service. Commencing on July 1, 2020, the hourly fee for Air Support Services shall be adjusted on July 1 of each year based on the change in the Metropolitan Consumer Price Index. The change will be conducted using the "Consumer Price Index for All Urban Consumers (CPI-U), for the Los Angeles-Riverside-Orange County, California area; All items not seasonally adjusted, 1982-1984=100 reference base." The adjustment will be based on the current contract rate using the January index of the current year and the January index of the preceding year. The Huntington Beach Police Chief shall adjust the fees set forth in the MOU by such percentage change and rounded to the next highest dollar amount. Should the Consumer Price Index be revised or discontinued, the Police Chief shall use the revised or a comparable index as approved by the City Council. Services Agreement For Public Safety Helicopter Support 3 488 IV NEWPORT BEACH DUTIES 4.01 Newport Beach shall pay Huntington Beach an all-inclusive flat rate per hour for the cost of the services provided by Huntington pursuant to Paragraph 3.01 -3.06 of this Agreement, for services provided by Huntington Beach under this Agreement. The public safety helicopter services performed by the Huntington Beach shall be deemed to commence as of the date and time the aircraft is dispatched to, or arrives over, the airspace of Newport Beach, whichever occurs first. These services shall continue until the aircrew notifies Newport Beach that the assignment is complete or that the assignment must be terminated due to a higher priority assignment. Huntington Beach helicopter aircrew shall be responsible to notify Newport Beach's dispatch center that the assignment is complete or that the assignment must be terminated due to a higher priority assignment. Services performed by Huntington Beach aircraft for Newport Beach shall be defined as: A. A direct request for public safety helicopter services by Newport Beach where a Huntington Beach aircraft is dispatched to or arrives over the incident ( operationally identified as a "D-1" call) or; B. Any public safety call generated by Newport Beach and monitored by a Huntington Beach helicopter aircrew in which the aircraft arrives over the incident ( operationally identified as a "D-2" call) or; C. Routine patrol over Newport Beach's jurisdictional areas, in which case Huntington Beach's aircrew shall notify Newport Beach's dispatch center upon their arrival and depart from Newport Beach's jurisdictional area. Newport Beach may authorize its ground based public safety supervision to cancel a response by a Huntington Beach aircrew. 4.02 Newport Beach agrees to comply with the FAR Part 91 and Operations Manual section 4085 in making calls for services, which establishes priority for calls to Huntington Beach. 4.03 Newport Beach agrees to install within its communications/dispatch center any radio equipment necessary to communicate directly with Huntington Beach on the designated frequency (800 MHz Talk Group) agreed upon by Huntington Beach and Newport Beach. All costs associated with said installation shall be paid by Newport Beach. V INDEMNIFICATION AND WAIVER 5.01 Newport Beach agrees that Huntington Beach should be fully protected from any loss, injury, damage, claim, lawsuit, cost or expense arising out of, or in any way related, to the performance of services pursuant to this Agreement that is in excess of Huntington Beach's requirement to carry and maintain certain policies of insurance and name Newport Beach as an Additional insured as set forth below in section VI. Subject to Huntington Beach's requirement Services Agreement For Public Safety Helicopter Support 4 489 to carry and maintain certain policies of insurance and name Newport Beach as an additional insured as set forth below in section VI, the provisions of this Agreement should be construed and interpreted to provide the fullest possible protection to Huntington Beach. Newport Beach acknowledges that Huntington Beach would not provide services in the absence of the commitments of Newport Beach as specified in this Agreement. Huntington Beach acknowledges that Newport Beach would not enter into this Agreement in the absence of Huntington Beach's commitment and obligation to carry and maintain certain policies of insurance and name Newport Beach as an additional insured as set forth below in section VI. 5.02 To the fullest extent permitted by law, Newport Beach shall indemnify, defend and hold harmless Huntington Beach, its boards, officers, agents and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any services provided under this Agreement including, but not limited to, activities that relate in any way to this Agreement (including the negligent and/or willful acts, errors and/or omissions of Newport Beach, its council members, officers, agents, employees, and anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them) that is in excess of Huntington Beach's requirement to carry and maintain certain policies of insurance and name Newport Beach as an additional insured as set forth below in section VI. Notwithstanding the foregoing, nothing herein shall be construed to require Newport Beach to indemnify the Indemnified Parties from any Claim arising from the negligence or willful misconduct of the Indemnified Parties. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. 5.03 Huntington Beach shall defend, indemnify and hold harmless Newport Beach and its officers, employees, contractors, agents and representatives, with respect to any claim, loss, liability, damage, lawsuit, cost or expense that arises out of, or is in any way related, to the negligence or willful misconduct by Huntington Beach, including its boards, officers, agents and employees, within the Newport Beach's jurisdiction. The obligation of Huntington Beach pursuant to this section extends, without limitation, to any injury, death, loss or damage which occurs within Newport Beach's jurisdiction and which is sustained by any third party, any employee or contractor of Newport Beach and to such contractor's employees. VI INSURANCE 6.01 Without limiting Huntington Beach's indemnification of Newport Beach, and prior to commencement of Work, Huntington Beach shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to Newport Beach. Services Agreement For Public Safety Helicopter Support 5 490 6.01.1 Proof of Insurance. Huntington Beach shall provide certificates of insurance to Newport Beach as evidence of the insurance coverage required herein. Insurance certificates and endorsement must be approved by Newport Beach's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with Newport Beach at all times during the term of this contract. Newport Beach reserves the right to require complete, certified copies of all required insurance policies, at any time. Huntington Beach shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Huntington Beach, his agents, representatives, employees or subconsultants. The cost of such insurance shall be included in Huntington Beach's bid. 6.01.2 Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A-(or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the Newport Beach's Risk Manager. 6.01.3 Coverage Requirements. 6.01.3.1 Workers' Compensation Coverage. Huntington Beach shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least one million dollars ($1,000,000)) for Huntington Beach's employees in accordance with the laws of the State of California, Section 3 700 of the Labor Code. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by Newport Beach at least thirty (30) calendar days (ten (10) calendar days written notice of non- payment of premium) prior to such change. Huntington Beach shall submit to Newport Beach, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Newport Beach, its officers, agents, employees and volunteers. 6.01 .3.2 Aircraft Liability Coverage. Huntington Beach shall maintain commercial aircraft liability insurance in an amount not less than twenty-five million dollars ($25,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability including war risk and premises liability insurance to include property damages incidental to the operations of the named insured 6.01.3.3 Automobile Liability Coverage. Huntington Beach shall maintain automobile insurance covering bodily injury and property damage for all activities of the Huntington Beach arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. Services Agreement For Public Safety Helicopter Support 6 491 6.01.4 Other Insurance Provisions or Requirements. The policies are to contain, or be endorsed to contain, the following provisions: 6.01.4.1 Additional Insured. Endorsement naming the City of Newport Beach as respects the Aircraft Liability coverage with primary non-contributory and severability of interest language. 6.01.4.2 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against Newport Beach, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Huntington Beach or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Huntington Beach hereby waives its own right of recovery against Newport Beach, and shall require similar written express waivers and insurance clauses from each of its subconsultants. This waiver of subrogation extends to hull loss and property damage. 6.01.4.3 Enforcement of Contract Provisions. Huntington Beach acknowledges and agrees that any actual or alleged failure on the part of the Newport Beach to inform Huntington Beach of non-compliance with any requirement imposes no additional obligations on the Newport Beach nor does it waive any rights hereunder. 6.01 .4.4 Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 6.01.4.5 Notice of Cancellation. Huntington Beach agrees to oblige its insurance agent or broker and insurers to provide to Newport Beach with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. 6.01.5 Timely Notice of Claims. Huntington Beach shall give Newport Beach prompt and timely notice of claims made or suits instituted that arise out of or result from Huntington Beach's performance under this Agreement. 6.01.6 Additional Insurance. Huntington Beach shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. VII MISCELLANEOUS PROVISIONS 7.01 Each of the Parties to this Agreement shall immediately notify the other of any litigation or claim that is asserted by or against either party regarding this Agreement. In the Services Agreement For Public Safety Helicopter Support 7 492 event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 7.02 Each of the Parties to this Agreement shall cooperate with one another in the defense of any lawsuit or claim filed against either party, arising out of, or in any way related, to this Agreement, as well as any effort of Huntington Beach to collect money from persons or entities responsible for any request for public safety helicopter services. 7.03 The public safety helicopter services provided by Huntington Beach under this Agreement shall not be assigned, transferred, contracted or subcontracted out without the prior written approval of Newport Beach. 7.04 Each of the Parties to this Agreement may terminate this Agreement without cause upon sixty (60) days prior written notice. 7.05 The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 7.06 If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 7.07 This Agreement may be modified or amended only by a written document executed by both Huntington Beach and Newport Beach. 7.08 The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 7.09 This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 7 .10 A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 7 .11 Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred, contracted or subcontracted out without the prior written approval of Huntington Beach and Newport Beach. 7.12 This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument. Services Agreement For Public Safety Helicopter Support 8 493 7 .13 The Parties shall at their own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. 7 .14 The Parties each represent that they are an equal opportunity employer and they shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 7.15 All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Huntington Beach to Newport Beach shall be addressed to Newport Beach at: Attn: Chief Jon T. Lewis Newport Beach Police Department 870 Santa Barbara Drive Newport Beach, CA 92658 Phone:949-644-3701 Fax: 949-718-1082 All notices, demands, requests or approvals from Newport Beach to Huntington Beach shall be addressed to Huntington Beach at: Attention: Robert Handy Huntington Beach Police Department 2000 Main Street P.O. Box 70 Huntington Beach, CA 92648 Phone:714-536-5903 Fax: 714-536-5605 Services Agreement For Public Safety Helicopter Support 9 494 AMENDMENT NO. 1 TO SERVICES AGREEMENT FOR PUBLIC SAFETY HELICOPTER SUPPORT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE CITY OF NEWPORT BEACH THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "Huntington Beach," and the CITY OF NEWPORT BEACH, a California municipal corporation, hereinafter referred to as "Newp01t Beach." WHEREAS, Huntington Beach and Newport Beach are parties to that certain agreement, dated September 15, 2020, entitled "Services Agreement for Public Safety Helicopter Support Between the City of Huntington Beach and the City of Newport Beach" which agreement shall hereinafter be referred to as the "Original Agreement"; WHEREAS, the Original Agreement is set to expire December 31, 2023; and WHEREAS, Huntington Beach and Newport Beach wish to amend the Original Agreement to extend the term. NOW, THEREFORE, it is agreed by Huntington Beach and Newport Beach as follows: 1. TERM The term of the Agreement is extended for an additional six ( 6) months until June 30, 2024. 2. REAFFIRMATION Except as specifically modified herein, all othe1· terms and conditions for the Original Agreement shall remain in full force and effect. 23~ 13630/321754 496 fN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on , 2024. CITY OF NEWPORT BEACH BEACH ATTEST: Date: /. /0. � �J,� ity Clerk, City o-Newport13eac1 each APPROVED AS TO FORM: OFFICE OF THE CITY ATI'ORNEY ATTORNEY Date: I I / A f> / 1-.f) t-J P.,/City Attorney, City of Newport Beach Beach I IYJs 23-13630/321754 1/�li'/./(j 2 --------CITY OF HUNTINGTON Date: ---------- Mayor, City of Huntington Beach ATTEST: Date: ---------- City Clerk, City of Huntington APPROVED AS TO FORM: OFFICE or THE CITY Date: __________ _ ntington 497 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-103 MEETING DATE:2/20/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Eric Parra, Chief of Police PREPARED BY:Lt. Thoby Archer and Ingrid Ono Subject: Approve and authorize a one-year contract extension with Universal Protection Services, LP, DBA Allied Universal Security Services (UASS) for street sweeping parking enforcement services Statement of Issue: In 2019, Council approved a three-year contract with Allied Universal Security Services to outsource the City’s street sweeping parking enforcement. This contract was awarded through a competitive bid process. The current contract allows for two (2) one-year extensions to continue services, the first of which was exercised. Based on Allied Universal Security Services’ (Allied) performance, staff recommends approving a contract extension for one additional year. Financial Impact: The cost of the initial three years of the City’s contract with Allied was $362,000, $373,000, and $384,000 for a total of $1,119,000. A CPI adjustment of $399,272.14 was approved for the first one- year extension. A CPI adjustment for the final one-year contract extension will cost $411,269.45. The additional sum shall be added to the current contract amount of $1,518,272.14, for a new total contract amount not to exceed $1,929,541.59. Funding for these services is included in the FY 2023- 24 budget, and no additional funding is requested. Recommended Action: Approve and authorize “Amendment No. 2 to Service Agreement between the City of Huntington Beach and Universal Protection Services, LP DBA Allied Universal Security Services (UASS) for Street Sweeping Enforcement Services” not to exceed $411,269.45 for the next calendar year; and authorize the Mayor and City Clerk to execute the attached contract. Alternative Action(s): City of Huntington Beach Printed on 2/14/2024Page 1 of 2 powered by Legistar™501 File #:24-103 MEETING DATE:2/20/2024 Do not approve and direct staff accordingly. Analysis: The City’s agreement with Allied for street sweeping parking enforcement services has allowed the Police Department to replace five parking control officer positions and decommission three parking control vehicles and maintenance. By contracting for these services, the Police Department was able to realize cost savings while also increasing the reliability of street sweeping enforcement in the City. As such, staff recommends extending the service agreement with Allied for an additional one-year period and increasing the contract amount by $411,269.45. This Amendment No. 2 will extend the agreement through December 31, 2025. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Original RCA (19-967) and contract 2. Amendment No. 1 3. Amendment No. 2 4. Certificate of Insurance City of Huntington Beach Printed on 2/14/2024Page 2 of 2 powered by Legistar™502 File #: 19-967 MEETING DATE: 11'/18/2019 Over a three-year period, the total amount of this contract is $1,119,000. Annual costs for services is $362,000 for year 1, $373,000 for year 2, and $384,000 for year 3. Sufficient appropriations are budgeted in the current fiscal year in the Police Department. Funds for future years will be budgeted accordingly. With an approved service agreement, the annual cost savings will be approximately $117,000. This savings will be realized with the defunding of five (5) parking enforcement officer positions and decommissioning of three (3) vehicles. Any increase to revenue is unknown at this time. Recommended Action: Approve and authorize the Mayor and City Clerk to execute "Service Agreement Between the City of Huntington Beach and Universal Protection Services, LP OBA Allied Universal Security (UASS) for Street Sweeping Enforcement Services" in an amount not to exceed $1,119,000 over a three-year term; and authorize the City Manager to execute the attached contract. Alternative Action(s): Do not approve and direct staff accordingly. Analysis: It is important that street sweeping enforcement is efficient and effective. Our Parking Control Officer's (PCO) are often pulled from street sweeping enforcement duties due to other priority calls for service and citizen complaints. With increased housing, more community events, homeless issues, recreational vehicle parking complaints, and inconsistent street sweeping enforcement, it becomes even more important that the City find ways to improve the reliability of street sweeping enforcement. By contracting with a private company, the City can redirect existing personnel and resources to handle quality of life issues, citizen complaints, and other community priorities. Based on a thorough evaluation of all proposals, and a review of the cost for services for maintaining in-house street sweeping enforcement, it was determined the proposal submitted by Allied Universal Security Services represents the best value to the City. The initial annual cost for services is $362,000, which represents a significant one-time and annual cost savings when compared to maintaining the services in-house. The annual cost in the two subsequent years is anticipated to be approximately $373,000 and $384,000 respectively. The contracted company will be driving fuel-efficient vehicles which will be branded to match the existing fleet. Allied Universal will use improved technology and analytics to more effectively monitor their employees and street sweeping enforcement efforts. This will lead to positive outcomes for the City and the community by further supporting Department and City strategic goals. The Huntington Beach Police Department has met with Allied Universal Security Services leadership and outlined the street sweeping enforcement route information as well as the expectations of the City to improve street sweeping enforcement services while improving customer service. Allied Universal Security Services has clearly demonstrated their ability and commitment to meet the City's expectations with their written proposal as well as during the interview process. City of Huntington Beach Page 2 of 3 Printed on 11/13/2019 powered4:,1,, Legistarn• 504 City Council/ ACTION AGENDA November 18, 2019 Public Financing Authority 14. 15. 16. Recommended Action: A) Approve an additional appropriation of $150,000 for Fire Prevention inspection , plan check and environmental engineering services as these expenditures are primarily cost-neutral and generally offset by reimbursements from developers and revenues generated from inspection and plan review services ; and , B) Increase the Fire Department's professional services authority by $150 ,000 to ensure compliance with Administration Regulation No. 228 . Approved 7-0 19-967 Approved contract for street sweeping enforcement with Universal Protection Services, LP, DBA Allied Universal Security Services Recommended Action: Approve and authorize the Mayor and City Clerk to execute "Service Agreement Between the City of Huntington Beach and Universal Protection Services , LP DBA Allied Universal Security (UASS) for Street Sweeping Enforcement Services " in an amount not to exceed $1 ,119 ,000 over a three-year term ; and authorize the City Manager to execute the attached contract. Approved 7-0 as amended to document defunding of five (5) parking enforcement officer positions; return to Council in six months with an update on enforcement 19-1038 Approved First Amendment to Lease between the City and Kokomo's Surfside Grill, Inc., for a Beach Food Concession at the Marine Safety Education Center and approved Consent to Assignment and Assumption of Lease for Kokomo's Concession Recommended Action: A) Approve and authorize the City Manager to execute the Consent to Assignment and Assumption of Lease Agreement for Kokomo 's Concession ; and 8) Approve and authorize the City Manager to execute the First Amendment to Lease dated September 5 , 2017 between the City of Huntington Beach and Kokomo 's Surfside Grill , a California Corporation for a Beach Food Concession on the first floor level of the Marine Safety Education Center. Approved 7-0 19-1129 Adopted Resolution 2019-11 approving a summary vacation of an easement over a portion of 13th Street and Crest Avenue; adopted Resolution 2019-77 declaring a strip of City-owned property as surplus property; approved Quitclaim Deed for ownership of easement and the agreement for sale of surplus real property between the City and Dawn and Naomi Shimoda; and, authorized recordation of resolutions and exhibits with the Orange County Page 4 of 8 506 SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND UNIVERSAL PROTECTION SERVICES, LP DBA ALLIED UNIVERSAL SECURITY SERVICES (UASS) FOR STREET SWEEPING ENFORCEMENT SERVICES 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 called "City," and Universal Protection Services, LP DBA Allied Universal Security Services (AUSS}, a California corporation, hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of street sweeping enforcement services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field. Contractor has been selected to perform these services pursuant to Huntington ,Beach Municipal Code Chapter 3.02. NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. Scope of Services Contractor shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "Project." Contractor hereby designates Steve Clayton, Regional President, Southwest Division (UASS), 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 Contractor in the performance of this Agreement. 19-8160/217547 1 507 3. Compensation a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit "B." The total sum to be expended under this Agreement, shall not exceed Three Hundred Sixty Two Thousand Dollars ($362,000) during the first year of the contract, Three Hundred Seventy Three Thousand Dollars ($373,000) during the second year of the contract, and Three Hundred Eighty Four Thousand Dollars ($384,000) during the third year of the contract. During the life of the three (3) year contract, the cost is anticipated to not exceed One Million One Hundred Nineteen Thousand Dollars ($1,119,000). b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Contractor shall be paid pursuant to the terms of Exhibit "B." 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence January 1, 2020, or as soon as practicable after the execution of this Agreement by City (the "Commencement Date") and terminate January 1, 2023, unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for 2 additional one-year periods if mutually agreed to in writing by both parties. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. 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," Contractor 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. Disposition of Plans, Estimates and Other Documents Contractor 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, date or programs, maps, memoranda, letters and other documents, shall belong to City, and Contractor shall turn these materials over to 19-8160/217547 2 508 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. 7. Hold Harmless Contractor 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, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to Contractor's employees and damage to Contractor's property, arising directly or indirectly out of the obligations or operations herein undertaken by Contractor, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractor's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 8. Workers Compensation Insurance Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3 700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; Contractor covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Contractor shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Contractor shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. 9. General Liability Insurance In addition to the workers' compensation and employer's liability insurance and .Contractor's covenant to defend, hold harmless and indemnify City, Contractor shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service. This policy shall indemnify Contractor, 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 Project/Service, and shall provide coverage in not less than the following amount: combined single limit bodily 19-8160/217547 3 509 injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) 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) for this Project/Service. This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Contractor'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. 10. Automobile Liability Insurance Contractor shall obtain and furnish to City an automotive liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and a separate "Additional Insured Endorsement" page listing both the policy number and naming the "City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers" as additional insured on the endorsement. The above-mentioned insurance shall not contain a self-insured retention, "deductible" or any similar form of limitation on the required coverage except with the express written consent of City. 11. Certificate of Insurance Prior to commencing performance of the work hereunder, Contractor shall furnish to City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: a. provide the name and policy number of each carrier and policy; b. state that the policy is currently in force; and c. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. Contractor shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by City. This requirement for carrying the foregoing insurance coverage shall not derogate from Contractor's defense, hold harmless and indemnification obligations as set forth in 19-8160/217547 4 510 this Agreement. City or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. Contractor shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 12. Independent Contractor Contractor is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City. Contractor shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for Contractor and its officers, agents and employees and all business licenses, if any, in connection with the Project and/or the services to be performed hereunder. 13. Conflict of Interest Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 14. Termination This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. Exclusivity and Amendment This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, 19-8160/217547 5 511 orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 16. Assignment Inasmuch as to this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 17. City Employees and Officials Contractor 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. 18. Notices Any notices, certificates, or other communications hereunder shall be given either by personal delivery to Contractor'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 below, City and Contractor may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U.S. certified U.S. certified mail-return receipt requested: To City: City of Huntington Beach Attn: Lieutenant David Dereszynski 2000 Main Street Huntington Beach, CA 92648 19-8 l 60/217547 Contractor: Universal Protection Services, LP DBA Allied Universal Security Services Attn: Steve Clayton 1551 N. Tustin Ave., Suite 650 Santa Ana, CA 92869 6 512 19. 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 transactions or event. 20. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 21. 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. 22. 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 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. 23. 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. 19-8160/217547 7 513 24. Immigration Contractor shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 25. Legal Services Subcontracting Prohibited Contractor and City agree that City is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. Contractor understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for City; and City shall not be liable for payment of any legal services expenses incurred by Contractor. 26. Confidentiality Contractor recognizes that in the performance of its duties under this Agreement, it must conduct its activities in a manner designed to protect information of a sensitive nature from improper use or disclosure. Contractor warrants that it will use reasonable efforts consistent with practices customary in the facilities management industry in recruiting, training and supervising employees and in otherwise performing its duties hereunder in order to achieve this result. In the furtherance of this, Contractor agrees, at the request of the City, to require its employees to execute written undertakings to comply with the foregoing confidentiality provision. 27. Discrimination Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 28. Jurisdiction -Venue This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, pe1formance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19-8160/217547 8 514 29. Professional Licenses Contractor shall, through the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Huntington Beach and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 30. 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. 31. Survival Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 32. Governing Law This Agreement. shall be governed and construed in accordance with the laws of the State of California, 33. 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. 34. Entirety (a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement warranty, fact or circumstance not expressly set forth in this Agreement. 19-8160/217547 9 515 EXHIBIT A 1. SCOPE OF PROJECT I. CONTRACTOR QUALIFICATIONS CONTRACTOR must meet all of the following requirements, which may be waived only at CITY's sole and absolute discretion: Personnel Information The names and resumes of the principal officers, partners, and or officials shall be submitted to the City for review. The names(s) and resume(s) of the individual(s) who will be considered in responsible charge of the City of Huntington Beach street sweeping enforcement contract shall be clearly indicated. Parking Enforcement Officer's (PEO), including the Parking Enforcement Supervisor, must be capable of communicating effectively in English in order to communicate with City staff and residents, if needed. CONTRACTOR's drivers shall maintain safety and driving records in accordance with Federal, State, County, and City regulations. The names and years of experience of each PEO and backup personnel with copies of State of California Department of Motor Vehicles records are also to be submitted. PEO's must have at least three years of driving experience. PEOs' DMV record shall not have 2 or more violation points in a 12-month period. A DUI and Hit & Run each constitute 2 violation points (Vehicle code section 12810). PEOs shall be equipped with cellular phones. Operators shall be required to answer or return any cell phone calls within five minutes. Operators must adhere to California Senate Bill 1613 requiring the use of a hands-free device when using a cell phone while driving. Subcontractors If applicable, the CONTRACTOR must include in their proposal complete identification of all subcontractors, including business address, telephone number, point of contact and work to be performed. For subcontractors performing the work called out in this agreement, the same information requested of CONTRACTOR must also be provided for the subcontractor. Equipment CONTRACTOR shall furnish five (5) primary street sweeping enforcement vehicles. Four (4) shall be for the Parking Enforcement Officers (PEO) and one (1) shall be for the supervising PEO. Each vehicle shall be no more than one-year-old at the time the contract begins and is good working order. It shall be branded in accordance with the agreed upon images, language, and markings. 1 517 EXIDBITA CONTRACTOR must have sufficient back-up vehicles to perform services when primary vehicles are unavailable due to repairs or maintenance. The equipment shall be sufficient to perform the work required herein during the hours specified. In the event a primary street sweeping enforcement v~hicle requires repair or replacement, a back-up vehicle must be available so that the established sweeping schedule does not fall behind. The successful CONTRACTOR shall be responsible for the repair, maintenance, and service of its street sweeping enforcement equipment. Existing Inventory CONTRACTOR must provide a detailed inventory of the CONTRACTOR's equipment and accessories that will be used to fulfill this contract. The inventory of the street sweeping enforcement vehicle equipment shall include the following: • Type, model/brand, year of manufacture, and the date the vehicle was acquired. • Service records for each vehicle with total number of miles and hours (miles only, if vehicle is not equipped with an hour :meter) each vehicle has been in service. • Anticipated remaining useful life as of the date of inventory. • Type and manufacturer of recording device for hour of operation, miles per hour, and Global Positioning System (GPS) tracking system. All initial vehicles used shall not exceed one (1) year in age. Age of vehicle shall be determined and verified by California Department of Motor Vehicle (DMV) registration. All vehicles shall be in "good" condition. A vehicle in good condition, on the whole, must not have any major flaws (no body damage). The interior and exterior must have very few, if any, apparent dings, scratches, or defects, and the paint is still intact. The body of the vehicle should be rust-free or have very little rust. The tires must all match with little wear. Vehicles shall be subject to inspection by the Fleet Supervisor or his designee. The Fleet Supervisor or his designee reserves the right to require any corrections deemed necessary to reflect acceptable service standards. Vehicles must have means to monitor locations, speeds, hours of operation for reporting purposes. **"Refer to Track, Gather, and Provide Real-Time Data in this section." Vehicles shall have the City logo on the front driver and passenger doors, the Allied Universal logo on the rear driverMside and passengerwside doors, and have must include the phrase "Under contract with The City of Huntington Beach" in six-inch (6) letters on both sides of the vehicles. Final approval of signs must be granted by the Traffic/Special Events Unit Commander or his designee prior to use. 2 518 EXHIBIT A Leased Equipment All leased equipment shall be listed separately with the same detailed existing inventory listing from the previous section; the time remaining on each vehicle's lease and options for renewal, where applicable, shall be stated. II. SCOPE OF WORK CONTRACTOR shall use and furnish, at the firm's own expense, all labor, equipment, and materials necessary for the satisfactory performance of the street services set forth herein. The work to be performed under these specifications consist of providing street sweeping enforcement services for the City of Huntington Beach in pre-designated areas of the CITY on CITY determined schedules and at CITY selected hours of each day of the week. Street Sweeping Enforcement Description General -The service provider will provide street sweeping enforcement services to approximately 1,121 miles of mostly residential roadways. There are four (4) daily street sweeping routes, which take place between 8:00 am and 4:00 pm. Some routes have different start times and the CONTRACTOR will be provided with a detailed schedule by the CITY. During periods when there is no scheduled street sweeping (i.e. holidays, fifth weeks of the month), the PEO's will not be needed. The CITY will only be billed for services rendered. If services are not needed, the CITY will make our best efforts to provide 24 hour notice to the CONTRACTOR. In situations where this is not possible, or the CONTRACTOR reports for duty to find a full day of services is not needed, the CITY intends to utilize the PEO's for a minimum of four hours of work. During these periods, the PEO's will be tasked with patrolling on-street and off-street parking areas to enforce fire lane violations, disabled parking violations, scofflaw violations, report signage and markings deficiencies, or perform other mutually agreed upon tasks/enforcement. Pre-designated areas consist of the following: • Various districts of residential local streets. • Various areas posted for one side sweeping per sweeping day within posted time frames. 3 519 EXHIBIT A • Various areas of residential local streets posted for days of the week and at posted time frames, • Arterial Highways, Majors, Primaries, and Secondaries. • Curb and Gutter sides, curb and gutter medians, curb and gutter one side, i.e. perimeters. • Painted medians. • City parking lots. • Commercial/ Industrial areas. Pre-Determined Schedules Residential local streets shall be swept once per week or twice per month as directed, on various days of either 1st, 2nd, 3rd, or 4th week of the month. Posted residential locals have time frames in addition to the daily schedules that must be adhered to. Arterial median, painted median lanes, and intersections shall be swept in conjunction with Route 4, or as directed by the City. III. GENERAL SPECIFICATIONS Holidays CONTRACTOR shall not provide street sweeping enforcement services on any of the following Holidays: New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, Friday after Thanksgiving, and Christmas Day. Street sweeping enforcement does still take place on Martin Luther King Day and Veteran's Day. Prior to commencement of contract work, agreement on days of make-up sweeping due to holidays shall be reached by comparing those recognized by the bargaining units of the City, CONfRACTOR's operators, and refuse disposal personnel. Those holidays that are the same in all three groups shall become the official list for this contract and shall be recorded as such by a letter to file. Sweeping Services Management Plan CONTRACTOR shall have a plan for ensuring all street sweeping routes are enforced. The Management Plan must include solutions that consider population growth, parked cars, refuse pickup services, etc. CONTRACTOR is encouraged to use the latest technological advances in their plan to achieve their management plan objectives. In order to give CONTRACTOR a more accurate idea of the scope of work, the approximate annual curb miles are as follows: 4 520 Residential Streets: Arterial Streets: Raised and Painted Medians: EXHIBIT A 30,060 CM 700CM 1,030 CM Delays in Street Sweeping Enforcement In the event of inclement weather, CONTRACTOR shall not be required to perform regular scheduled street sweeping enforcement. CONTRACTOR shall, immediately upon direction from the Public Works Street Department Lead Worker or authorized designee, sweep any streets that become littered with storm debris or become impassable due to collected water. During inclement weather which prevents adherence to the regular sweeping schedule for two (2) or less days in a given week, the sweeping areas so affected by the weather shall be swept within five (5) days of the scheduled sweeping without interruption of the regular sweeping schedule. The Maintenance Operations Manager or authorized designee reserves the right to determine what constitutes inclement weather. CONTRACTOR shall perform all extra work required by such inclement weather without additional charge and shall provide CITY with a schedule of when the makeup sweeping will be completed. Track, Gather, and Provide Real-Time Data The selected vendor must have the ability to track, gather, and provide real-time data with the use of a GPS tracking system, or acceptable alternate system, for each PEO vehicle while performing services for the CITY. Real time access to GPS shall be provided to CITY. CITY will request a report, on an as-needed basis, that includes, but not limited to the following: a. Speed b. Direction c. Location on map d. Address e. Distance traveled The recorded data intervals must not exceed one (1) minute between records (Ping Rate equal to or less than one (1) minute) and the searchable records must be kept for a minimum of six (6) months. Communication CONTRACTOR shall provide equipment for two-way voice or text message communication between the City of Huntington Beach and the individual sweepers. Contractor Response CONTRACTOR shall respond within 24 hours to requests or complaints from the CITY. Speed Limit of Street Sweeper Enforcement Vehicles 5 521 EXIIlBIT A Sweepers shall not operate above posted speed limits. Street Sweeping Enforcement Complaints CONTRACTOR shall investigate any resident complaints that may concern or involve the performance of the PEO and their operation. CONTRACTOR shall report to the Traffic/Special Events Unit Commander or authorized designee on the following working day as to the action or procedure taken with reference to any complaints. Storage of Equipment The CITY shall provide five parking spaces at the Public Works-City Corporation Yard at 17371 Gothard St. for the storage of the CONTRACTOR vehicles during periods of non-use. While these vehicles are in use, the CITY will allow the CONTACTOR's employees to park their personal vehicles in this space. The CITY will provide a location for the CONTRACTOR to retrieve, store, charge, the hand-held ticket writing devices. Courteous Operation CONTRACTOR shall perform street sweeping enforcement operations in a manner that causes a minimum inconvenience to the residents and businesses within the CITY. CONTRACTOR shall ensure that PEO's conduct their activities in a professional and courteous manner. Accident Reports CONTRACTOR shall provide a copy of a detailed written report of any and all accidents involving CONTRACTOR's vehicles, personnel and/or equipment while operating within the City to the designated City representative within twenty-four (24) hours from the date and time of the accident. Said report shall include the date and time of the accident and a copy of any law enforcement reports or reference identification resulting from the accident. CONTRACTOR shall provide the name and contact information of CONTRACTOR's safety officer, including cell phone for emergency contact. Record Keeping CONTRACTOR shall maintain a daily log detailing enforcement areas each day, scheduled areas missed, date and time missed areas, reasons scheduled enforcement was not performed or completed as scheduled, and total citations/warnings written in the City of Huntington Beach. The report shall also specify the number and nature of complaints received, when they were responded to, and how the complaints were resolved. CONTRACTOR shall submit to the City a monthly and an annual report that summarizes curb mileage for residential, arterial, and industrial areas enforced. CONTRACTOR shall meet all Federal, State, or Locai regulations pertaining to street sweeping enforcement equipment operation. 6 522 EXHIBIT A CONTRACTOR shall provide all necessary operational information and data that may be required to complete the reporting requirements of any legally established regulatory agency. Compensation & Invoicing Compensation for all services shall be based on the proposed and awarded fee schedule, per the specifications and details in this Agreement. Invoices submitted by CONTRACTOR shall be paid in accordance with the terms stated on the signed Agreement. The approved pricing shall remain in effect unless modified by mutual written consent of both parties. CITY requires the CONTRACTOR to provide monthly invoices for services. Upon the request of· the City, the CONTRACTOR shall submit the following information per vehicle: • GPS Data • Water usage and meter reads including the date the meter was read • Sweeper CNG usage • Routes completed • Curb miles swept • Complaint log Liquidated Damages Failure of the CONTRACTOR to complete the work in accordance with the specifications will result in damages being sustained by the CONTRACTOR. The following are cause for liquidated damages: a. Missing scheduled sweeping days without providing prior notice to, and acknowledgement by, the Operations Manager, or authorized designee (including inclement weather). b. Poor results. c. Any failure or refusal by CONTRACTOR to perform in accordance with the terms of this contract. Upon the first occurrence of any of the foregoing acts, CONTRACTOR will be notified in writing by the City. CONTRACTOR shall respond within five (5) days with a written plan stating how compliance with the requirements of the agreement must be met. If there is a second occurrence of the same act by CONTRACTOR within a thirty-day (30) period, the City shall have the right to withhold payment of $500.00, Each separate and subsequent occurrence of the same act shall result in a liquidated-damages charge in the amount of $500.00, Additional/ Added Posted Streets In the event of additional posted streets are added in the City of Huntington Beach, the Public Works Street Department Lead Worker or his designee shall place them on the appropriate Sweep Schedule. CITY will provide thirty (30) days, written advance notice of changes to the route or the frequency. 7 523 EXHIBIT A Measurements It is the responsibility of CONTRACTOR to make all measurements to determine his proposal price. The City of Huntington Beach will not be responsible for determining the quantities of materials necessary to complete the work specified. City of Huntington Beach Business License CONTRACTOR and any Subcontractors are required to obtain a City of Huntington Beach Business License prior to award of Contract, and to maintain the license for the entire term of the Agreement. Uniforms The CONTRACTOR will provide uniforms to the PEO's and PEO Supervisor. The uniforms shall consist of: A white military type shirt with shoulder epaulets, two pleated chest pockets with three-point flaps, permanent military creases, reinforced sewn-in badge tab, pleated pockets with pen slot, and three-point scalloped flaps. The shoulders shall be adorned with Allied Universal shouldn't patches, the employee shall wear a badge with identification number clearly visible, and a name plate over the right chest pocket to include the first name initial and last name. Black uniform pants or shorts are authorized to be worn with a duty belt. Employees can wear a black baseball cap with the Allied Universal marking on the front. Black crew or ankle height socks are authorized with black shoes. Term of Agreement The City, at its option and with CONTRACTOR concurrence, may renew this Agreement for two (2) additional one-year (1) periods on the same terms and conditions as provided herein, including a provision for a Consumer Price Index (CPI) adjustment in the cost of the Agreement. This option may be exercised only if the CONTRACTOR demonstrates superior performance in providing services during the prior three-year (3) Agreement term and in each successive one-year (1) term thereafter. If an increase in compensation for service in succeeding option periods is requested, the CONTRACTOR must provide detailed supporting documentation to justify the requested rate increase. The requested increase will be evaluated by the City, and the City reserves the right to negotiate, accept, or reject the CONTRACTOR's requested compensation increase. This Agreement's compensation terms may be adjusted by a mutually agreeable amount based on and no greater than the Consumer Price Index for All Urban Consumers (CPI-U) for Los Angeles•Riverside-Orange County, CA, changes over the previous contract period. Requests for price changes must be made by the CONTRACTOR in writing sixty (60) days before the end of the then-current agreement period and is subject to negotiation or rejection by the City. Compensation increases shall only be considered at the expiration of each two- year (2) contract extension period. 8 524 EXHIBITB Payment Schedule A. Rate All rates and charges per the attached Exhibit A. B. Billing 1. All billing shall be done monthly for services completed the prior month. 2. CONTRACTOR 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 number of citations written, complaints received, miles driven, or other mutually agreed upon details. 3. Upon request of CITY, CONTRACTOR shall submit the following: A) GPS Data B) Routes completed C) Complaint log 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. C. Liquidated Damages Failure of CONTRACTOR to complete work in accordance with the terms and conditions of this contract will result in damages being sustained by CONTRACTOR. The following are cause for liquidated damages: 1. Missing scheduled sweeping days without providing prior notice to, and acknowledgement by, the Maintenance Operations Manager or authorized designee (including inclement weather). C. Liquidated Damages (continued) 4. Poor results. 5. Any failure or refusal by CONTRACTOR to perform in accordance with the terms of this contract. City Wide Street Sweeping: Exhibit B I of2 525 Upon the first occurrence of any of the foregoing acts, Contractor will be notified in writing by the City. Contractor shall respond within five (5) days with a written plan stating how compliance with the requirements of the agreement must be met. If there is a second occurrence of the same act by Contractor within a thirty-day (30) period, the City shall have the right to withhold payment of$500.00. Each separate and subsequent occurrence of the same act shall result in a liquidated damages charge in the amount of $500.00. City Wide Street Sweeping: Exhibit B 2 of2 526 ACORD• CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 1111412019 ~ 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 lieu of such endorsement(s). PRODUCER CONTACT tJ6UE• MARSH USA INC rA~~N,_t "•"• I FAX 1717 Arch Slreet IA/C Nol : Philadelphia, PA 19103 E-MAIL annDt:<l<l • Attn : Philadelphia .certs@marsh .com I Fax : (212) 948-0360 INSURERIS) AFFORDING COVERAGE NAIC# CN118025105-ALL-Prof-19-20 INSURER A : Lexinaton Insurance Comoanv 19437 INSURED INSURER B : Greenwich Insurance Comoanv 22322 Allied Universal Topco , LLC 24554 (See Altached for Additional Named Insureds) INSURER c : XL Insurance America 161 Washington Street, Suite 600 INSURER D : Indian Harbor Insurance Comoanv 36940 Conshohocken , PA 19428 37885 INSURER E : XL Specialty Insurance Comoanv INSURERF : COVERAGES CERTIFICATE NUMBER: CLE-006502213-07 REVISION NUMBER: 5 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 IADDL SUBR POLICY EFF POLICY EXP LTR oucn wvn POLICY NUMBER IMM/DD/YYYYJ lMM/DD/YYYYl LIMITS A X COMMERCIAL GENERAL LIABILITY 082695264 11/01/2019 11/0112020 EACH OCCURRENCE s 10,000,000 -□ CLAIMS-MADE 0 OCCUR UAMA<.>t: TO 'lt:r< I t:U PREMISES lEa occurrence! $ 10,000 ,000 Professional Llabilijy is included -MED EXP (Any one person) $ X SIR $1,750,000 in the General Liability limit. PERSONAL & ADV INJURY $ 10,000,000 - GEN'l AGGREGATE LIMIT APPLIES PER : GENERAL AGGREGATE $ 10,000,000 ~ □PRO• □Loe PRODUCTS • COMP/OP AGG $ 10,000 ,000 POLICY JECT OTHER : $ B AUTOMOBILE LIABILITY RAD9437818-03 11/0112019 11/01/2020 f.,~~~~~l;,~llNGLE LIMIT $ 5,000,000 -X ANY AUTO BODILY INJURY (Per person) $ -OWNED -SCHEDULED X BODILY INJURY (Per accident) s -AUTOS ONLY -AUTOS APPROVED AS TO FORM X HIRED X NON -OWNED f0f!_<;'~~~J!_fi>AMAGE s -AUTOS ONLY -AUTOS ONLY ~-----L !=~£' s u UMBRELLA LIAB MOCCUR tJ --11/01/2019 11/0112020 EACH OCCURRENCE $ 10,000,000 -~g~~GATI:S X EXCESS LIAB CLAIMS-MADE EXC ITY AGGREGATE $ 10,000 ,000 OED I I RETENTION $ CITY OF HUNTINGTON BEACH $ C WORKERS COMPENSATION RWD3001203-03(AOS) 11/01/201\1 11/01/zuzu X I ~¥fTuTE I I OTH-ER E AND EMPLOYERS' LIABILITY Y/N RWR3001204-03(WI) 11/0112019 11/01/2020 ANYPROPRIETOR/PARTNER/EXECUTIVE 0 E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED? N/A (Mandatory In NH) E.L. DISEASE· EA EMPLOYEE $ 1,000,000 glsMrmt~ ~~PERATIONS below E.L. DISEASE · POLICY LIM IT $ 1,000,000 A PROFESSIONAL LIABILITY 082695264 11/01/2019 11/0112020 LIMIT 2,000,000 COMBINED WITH GL LIMIT DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) The City of Huntington Beach, its officers, elected or appointed officials, employees, agents, and volunteers are Included as addilional insured where required by wrillen contract with respect to General LlablHty and Aulo Liability. Liabi li ty coverage shell be primary and non-<:ontributory where required by written contract. Waiver of subrogation Is applicable where required by written contract. . CERTIFICATE HOLDER CANCELLATION The City of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn: David Dereszynskl THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. I Manashi Mukherjee ...M.o.'VUIIOIM ~ © 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 528 AMENDMENT NO. I TO SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND UNIVERSAL PROTECTION SERVICES, LP OBA ALLIED UNIVERSAL SECURITY SERVICES (UASS) FOR STREET SWEEPING ENFORCEMENT SERVICES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred lo as "City," and UNIVERSAL PROTECTION SERVICE, LP. DBA ALLIED UNIVERSAL SECURITY SERVICES, a California limited partnership, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated January 1, 2020, entitled "Service Agreement Between the City of Huntington Beach and Universal Protection Service, LP dba Allied Universal Security Services (AUSS)" 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 perfonned 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 Ninety Nine Thousand TWo Hundred Seventy Two Dollars and Fourteen Cents ($399,272.14). The additional sum shall be added to the original sum of One Million One Hundred Nineteen Thousand Dollars ($1,119,000.00), for a new contract amount not to exceed One Million Five 22• I I 9891294208 535 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DONYYY) ~ 01/23/2024 ...---, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy{les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Marsh I U.S. Operations MARSH USA LLG NAME: 1717 Arch Street PHONE 866-9664664 I /,6~ Nol: IAIC No E··"• Philadelphia, PA 19103 E-MAIL Philadelphia.Certs@marsh.com Attn: Philadelphia.certs@marsh.com / Fax: (212) 948-0360 ADDRESS: INSURER/SI AFFORDING COVERAGE NAIC# GN118025105-ALL-ST AND-24-25 INSURER A: Indian Harbor Insurance Comoanv 36940 INSURED INSURER e : Greenwich Insurance Comoanv 22322 Allied Universal Topco, LLC (See Attached for Additional Named Insureds) INSURER C : XL Insurance America 24554 161 Washington Street, Suite 6-00 INSURER o : lndemnitv Insurance Comnanv of North America 43575 Conshohocken, PA 19428 INSURER E : XL Snecialtv Insurance Comnanv 37885 INSURERF: COVERAGES CERTIFICATE NUMBER· GLE-000502213•24 REVISION NUMBER· 11 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 AOOL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE '""" ' ...... POLICY NUMBER IIMM/0D~ I IMMIDONYYY\ LIMITS A X COMMERCIAL GENERAL LIABILITY RES943799404 01/0112024 01/01/2025 EACH OCCURRENCE s 30,000,000 -- ~·-1 CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED PREMISES /Ea occurrence\ s 30,000,000 X CONTRACTUAL LIABILITY -MED EXP (Any ona l}erSon) s X SIR $1,750,000 PERSONAL & ADV INJURY s 30,000,000 - ~ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s 55,000,000 POLICY □ ~r8i 0 LOG PRODUCTS+ COMP/OP AGG s 55,000,000 OTHER: s B AUTOMOBILE LIABILITY RA0943781807 01/01/2024 - 01/01/2025 n:~tl!~d~~ti>INGLE LIMIT s 5,000,000 X ANY AUTO BOO!L Y INJURY (Per person) s -OWNED ~ SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) s -HIRED f--NON-OWNED fp~?:~d~RMtAGE AUTOS ONLY AUTOS ONLY s -~ s u UMBRELLA UAB !~OCCUR XSM G72500027 004 01/01/2024 01/01/2025 EACH OCCURRENCE s 10,000,000 - Excess of General liability, X EXCESS LIAB CLA!MS•MADE AGGREGATE s 10,000,000 OED I I RETENTION s Auto Liability, and Workers' Comp s G WORKERS COMPENSATION RWD300120308 (AOS) ' ............ 01/01/2025 X 1 ~ffruTE I I OTH- AND EMPLOYERS' LIABILITY ER G YIN RWR300120408 (WI) 01/0112024 01/0112025 1,000,000 ANYPROPRIETOR/PARTNER/EXECUT!VE 0 E.l. EACH ACCIDENT s E OFFICER/MEMBER EXCLUDED? N/A 01/01/2024 01/01/2025 (Mandatory ln NH) RWE943548208 (GA, OH) E.l. DISEASE -EA EMPLOYEE s 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.l. DISEASE -POLICY LIMIT s 1,000,000 A Professional Liability RES943799404 01/01/2024 01/01/2025 Claim 2,000,000 SIR: $1,750,000 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached Jf more space Is required) The City or Huntington Beach, its officers, elected or appointed officials, employees, agents, and volunteers are included as addiUona! Insured (except workers' compensation and crime) where required by wri11en contract. Liability coverage shall be primary and non-contributory where required by written contract, Waiver of subrogation is applicable where required by written contract. CERTIFICATE HOLDER CANCELLATION The City of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn: David Dereszynski THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE I ~ =s.-..e.ee ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 541 AGENCY CUSTOMER ID: _C~N~11~8~0~2~5_10~5~------------ LOC #: Philadelphia ~ ACORD® ~ ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED MARSH USA LLC Allied Universal Topco, LLC (See Attached for Additional Named Insureds) POLICY NUMBER 161 Washington Street, Suite 600 Conshohocken, PA 19428 CARRIER I NAICCODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Excess Workers' Compensation Policy No.: RWE943548208 Insurer. XL Specialty Insurance Company Effective Dates: 1/112024-1/112025 Limit: Employers liability Each Accident: $1,000,000 Employers Liability Disease-Policy limit: $1,000,000 Employers Liability Disease-Each Employee: $1,000,000 SIR: $1,000,000 Crime Policy No. 03-824--02-02 Insurer. National Union Fire Insurance Co. Effective Dates: 08/1512023 -0811512024 Limit: Employee Thell or Dishonesty: $2,000,000 Clien!s' Property: $2,000,000 Deductible: $750,000 Contractors Pollution Liability Policy No.: CPO13303734 Insurer: Commerce and Industry Insurance Company Effe<:tiva Dates: 01/0112024-01!0112026 Limit: 5,000,000 Deductible: $250,000 The General Liability and Professional Liability policies evidenced above share in the limits shovm. The limits do not apply separately to the individual coverages Page 2 of 2 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 542 ENDORSEMENT #181 This endorsement, effective on 01/01/2024 at 12:01 A.M. standard time, forms a part of Policy No. RES943799404 of the INDIAN HARBOR INSURANCE COMPANY Issued to ALLIED UNIVERSAL TOPCO , LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION (Based on CG2026 04/13) This endorsement modifies insurance provided by the following : COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of Add itional Insured Person(s) or Organlzatlon(s) City of Huntington Beach, its officers, elected or appointed officials, employees agents and vo lunteers 200 Main Street Huntington Beach, CA 92648 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is an Insured is amended to 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 whol e 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 in surance 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 addi tional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: MANUS @ 2024 X. l. A merica Inc. All Rights Reserved May not be copied without permlss!on Include s co pyrizhtcd mat e rial of Insurance S"vice s Offtc e, Inc. with its pcrmlssion 544 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. All other terms and conditions of the policy remain the same. MANUS @ 2024 X. L America Inc, All Rlghts Reserved May not be copied without permission Includes copyrighted material of ln1urance Servkes Office, Inc with Its permission 545 ENDORSEMENT t#OSO This endorsement, effective on 01/01/2024 at 12:01 A.M. standard lime, forms a part of Policy No. RES943799404 of the INDIAN HARBOR INSURANCE COMPANY Issued to ALLIED UNIVERSAL TOPCO, LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED· DESIGNATED PERSON OR ORGANIZATION This endorsement modifies in sura nce provided by the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. SECTION II -Who Is an Insured i s amended to include as an additional insured a person(s) or organization(s) who is requi re d to be added by written contract or written agreement which does not require that a specific form number be us ed. B. The insurance provided to add itional insureds applies only to "bodily injury", "property damage", "professional liability" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf In the performance of your ongoing operations for the additional insured; or "your work" performed for that additional insured and included in the "products-completed operations hazard" However: 1. The insurance afforded to such additional insured only applies to the exten t permitted by l aw; and 2. If coverage provided to the additional insured is required by a contract or agreement, th e insurance afforded to such additional in sured will not be broader than that which you are required by the contract or agreement t o provide for such additional insured. C. With respect to the in sura nce afforded to these additional insureds, the following i s added to Section Ill -Limits of In surance: If coverage provided to the add itional insured is r equ ired by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance : 1. Requ ired by the contrac t or agreement; or 2. Available under the appli cable limi t s of Insurance shown in the Declarations; whichever i s less . This endorsement shall not increa se the applicable limits of Insurance shown in the Declarations. MANUS @ 2024 X. L. America In c. All Rights Reserved May not b e copied without permission Includes copyrighted material of Insurance Services Office, Inc. with I ts permission 546 D. The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim. 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured also has rights an insured or additional insured. E. Thi s in surance i s p r i ma ry t o and wi ll not seek co nt rib utio n fro m any other ins ura nce ava il able to an additional insured under your policy provided that: 1. The additional insured is a Named Insured under such other insurance; and 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. All other terms and conditions remain as written. MANUS @ 2024 X. L. America Inc. All Rights Reserved May not be copied without permission Includes copyrighted material of Insurance Services Office, Inc. with its permission 547 ENDORSEMENT #024 This endorsement, effective on 01/01/2024 at 12:01 A.M. standard time, forms a part of Policy No. RES943799404 of the INDIAN HARBOR INSURANCE COMPANY Issued to ALLIED UNIVERSAL TOPCO, LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of person or Organization: Where required by written contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) The TRANSFER OF RECOVERY AGAINST OTHERS TO US Condition (Section IV -CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard." This waived applies only to the person or organization shown in the Schedule above. All other terms and conditions remain as written. MANUS @2024 X. L. America Inc. All Rights Reserved May not be copied without permisslOn Includes copyrighted material of Insurance Services Offke, Inc, with its permission 548 POLICY NUMBER: RAD943781807 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies insurance prm,ided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM XIC4141013 With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. Schedule Additional lnsured(s) Work Any person or organization you have agreed to All Operations Include as an additional Insured under written contract, provided such contract was executed prior to the date of loss. COVERED AUTOS LIABILITY COVERAGE, Who Is An Insured, is amended to include as an "insured" the person or organization listed In the Schedule abm.e, but only with respect to liablllty for "bodily Injury" or "property damage" otherwise covered under this policy caused, in whole or in part, by the negligent acts or omissions of: 1. You, while using a covered "auto"; or 2. Any other person, except the additional insured or any employee or agent of the additional insured, operating a covered "auto" with your permission; in the performance of your work as described in the Schedule above. In no event shall any person or organization listed in the Schedule become an "insured" pursuant to this Endorsement if such person or organization is solely negligent. IT IS FURlHER AGREED THAT IN NO EVENT SHALL ANY CONTRACT OR AGREEMENT ALTER THE CONDITIONS, COVERAGES OR EXCLUSIONS SET FORTH IN THIS POLICY. All other terms and conditions of this policy remain unchanged. XIC4141013 VHAR 12/02/2019 © 2013 XL. America, Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 550 POLICY NUMBER: RAD943781807 COMMERCIAL AUTO CA 04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to co-..,rage provided by this endorsement, the provisions of the Co\erage Form apply unless modified by the endorsement. This endorsement changes the policy effecti\e on the inception date of the policy unless another date is indicated below. Named Insured: ALLIED UNIVERSAL TOPCO, LLC Endorsement Effective Date: January 1, 2024 SCHEDULE Name(s) Of Person(s) Or Organlzation(s): Any person or organization where waiver of our right to recover is required by written contract with such person or organization provided such contract was executed prior to the date of loss. Information reouired to comnlete this Schedule, if not shown abo-..,, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown In the Schedule, but only to the extent that subrogation is wal\ed prior to the "accident" or the "loss" under a contract with that person or organization. CA04441013 © Insurance Services Office, Inc., 2011 Page 1 551 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-083 MEETING DATE:2/20/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Eric Parra, Chief of Police PREPARED BY:Lt. Julio Mendez and Ingrid Ono Subject: Approve and accept the California Office of Emergency Services (Cal OES) Violence Against Women Act Grant (LE23 07 6860); authorize the Chief of Police to execute documents; approve appropriations and contract Amendment No. 3 with Waymakers in the amount of $116,032 for continued management of the Victim and Witness Assistance Services Program Statement of Issue: The Huntington Beach Police Department (HBPD) applied for and received a $203,143 Cal OES grant to help fund the Victim and Witness Assistance Services Program (“Program”) managed by Waymakers. City Council is requested to approve the grant award for 2024 and approve Amendment No. 3 to the City’s existing contract with Waymakers for the continued management of the Program for services rendered through 2024. Financial Impact: To receive the Cal OES grant, the City must provide a match of $67,714, which is already budgeted in HBPD General Fund Account Number 10070203. The cost for the Program in 2024 is $270,857, with the grant award offsetting $203,143 in new revenue. A new grant fund will be established upon approval by City Council, and no additional appropriation of funds is necessary at this time. The Waymakers agreement is contingent upon receiving the Cal OES grant. Upon receipt, sufficient appropriations will be made available to fund the Waymakers contract into 2024. Recommended Action: A) Accept the grant between the State of California, Governor’s Office of Emergency Services (Cal OES) and the City of Huntington Beach; City of Huntington Beach Printed on 2/14/2024Page 1 of 3 powered by Legistar™552 File #:24-083 MEETING DATE:2/20/2024 B) Assign authority to the Chief of Police as the official to execute and sign for the award and to approve amendments and extensions; C) Approve the appropriation and expenditure of $270,857 of which $203,143 is to be fully reimbursed by the grant from Cal OES. The remaining $67,714 will be funded from appropriations in the Police Department’s budget; and D) Approve and authorize “Amendment No. 3 to Agreement between the City of Huntington Beach and Waymakers for Victim and Witness Assistance Services.” Alternative Action(s): Do not approve and direct staff accordingly. Analysis: The Police Department applied for and was awarded a grant by Cal OES to prevent, investigate and prosecute crimes involving domestic violence, sexual assault, and stalking. The majority of this grant funding of $270,857 (which includes the $67,714 match), will pay for the services of a Victim Advocate, who assists victims and survivors as they navigate the legal processes including obtaining restraining orders. Additionally, the Victim Advocate provides other support services to victims and survivors including temporary housing placement and referrals to counseling and legal aid. The Victim Advocate is contracted through Waymakers Victim Assistance Program and Interval House. The remaining funds will pay for two part-time domestic violence investigators who perform case follow-up and investigative work related to the domestic violence caseload. These investigators assist a full-time detective, allowing the police department to investigate domestic violence incidents in a timely manner, resulting in improved services to victims and a greater likelihood that future incidents will be prevented. This collaboration has been in effect since 1998, and since the inception of the Violence Against Women Project, the Advocate position has been continuously funded through a series of grants. The grant also provides for the continued agreement with Interval House, offering priority shelter for domestic violence victims from Huntington Beach and their children on a 24-hour basis. The goal of the programs funded through the grant is to help heal families and thereby stop the cycle of violence. Without this grant, the current “wrap-around” model whereby victims receive services while the Advocate works closely with a Police Department investigator to form a cohesive team throughout the process would not be possible. The acceptance of the grant will pay for the collaboration involving the Police Department through December 31, 2024, and the cash match of $67,714 is available within the existing Police Department budget for FY 23/24. 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. City of Huntington Beach Printed on 2/14/2024Page 2 of 3 powered by Legistar™553 File #:24-083 MEETING DATE:2/20/2024 Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Grant award letter 2. CalOES Grant packet 3. Amendment No. 3 City of Huntington Beach Printed on 2/14/2024Page 3 of 3 powered by Legistar™554 The California Governor's Office of Emergency Services (Cal OES) has approved your Grant Subaward application in the amount of $203,143, subject to enactment of applicable State Budget Act. A copy of your approved Grant Subaward is enclosed for your records. Dear Lt. Julio Mendez: Subject: Julio Mendez Lieutenant Huntington Beach City - Police Department 2000 Main Street Huntington Beach, CA 92648-2702 January 8, 2024 Grant Subaward Application Approval Law Enforcement Specialized Units Program Grant Subaward #: LE23 07 6860 Cal OES will make every effort to process payment requests within 45 days of receipt of your Report of Expenditures & Request for Funds (Cal OES Form 2-201). This Grant Subaward is subject to the Cal OES Subrecipient Handbook. You are encouraged to read and familiarize yourself with the Cal OES Subrecipient Handbook, which can be viewed on the Cal OES website at www.caloes.ca.gov. Please contact your Program Specialist Elizabeth Wilder, at Elizabeth.Wilder@caloes.ca.gov with questions. Sincerely, Victim Services Grants Processing Unit cc:Subrecipient’s file Program Specialist 3650 SCHRIEVER AVENUE, MATHER, CA 95655 www.CalOES.ca.gov GAVIN NEWSOM NANCY WARD GOVERNOR DIRECTOR-CalOES GOVE RNOR 'S OHICE OF EMERGENCY SERVICES 555 SPECIAL CONDITION Grant Subaward No. LE23 07 6860 is hereby approved with the following condition: x The 2023 STOP funds in the amount of $270,858 cannot be expended until Cal OES has access to funds through the applicable FY2023-24 Federal award. Should the Federal award(s) be reduced, you will be notified and required to amend the Grant Subaward. Failure to comply with these requirements may result in the withholding and disallowance of grant payments, the reduction or termination of the Grant Subaward and/or the denial of future grant funds. 556 /( 5HFHLYHGE&DO2(6/RUQD$OOHQ 0DLO/RJ 50RQGD\2FWREHU 059-36000-04 059-36000 ENY: 2023-24 Chapter: 12 SL: 18413 Item: 0690-102-0890 Pgm: 0385FAIN #: 15JOVW-23GG-00561-STOP 07/01/23-06/30/25Fund: Federal Trust Fund AL#: 16.588 Program: Law Enforcement Specialized Units ProgramMatch Req.: 25%, C/IK based on TPCProject ID: OES23STOP000012 SC: 2023-18413 Amount: $203,143 (Col OES Use Only) .___c_a_l _O_ES_# __ ,.__ ________ ,.__ __ FI_PS_# __ ~-----'--1 ___ VS_# __ ~ _____ __,___su_b_a_w_a_rd_#_____,'--------'l(W CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES GRANT SUBAWARD FACE SHEET The California Govern o(s Office of Emergency Services (Cal OES) hereby makes a Grant Suboward of funds to the following: 1. Subreclplenl: City of Huntington Beach lo. UEI#: LKKFRC4PW7L4 2. Implementing Agency: Huntington Beach Police Deportment 2a. UEI#: LKKFRC4PW7 L4 3. lmplemenllng Agency Address: 2000 Main Street Huntington Beach (Stre et) (Ci ty) 4. Location of Project: Huntington Beach Orange (City) (County) 5. Disaster/Program Tille: LE -Law Enforcement Specialized Units Program 6. Performance/ 1 /l 12024 Budget Perlod:-~,s-ta_rt_D_a_t_e~) -to SMc 92648-2702 (Zip+4) 92648-2702 (Z ip+4) 12/3 1/2024 (End Dale) 7. Indirect Cost Role: N/A Federally Approved ICR (if applicable): ______ % Item Grant Fund A. State B. federal C . Total D. Cash Maleh E. In-Kind Match F. Total Maleh G. Total Cost Number Year Source 8. 2023 STOP $203, )43 $67,715 $67,7 15 $270,858 9. Select Select 10. Select Select 11. Select Select 12. Select Select Total Project Cost $203,143 $203,143 $67,715 $67,715 $270,858 13. Certification -This Grant Suboword consists of !his tit le page, the application for the grant. which is allached and made a parl hereof. and lhe Assurances/Cerliticati ons. I hereby certify I am vested wilh lhe authonly to enler into this Granl Suboward, and have the approval of the Cily/County Financial Officer, Cily Manager, County Adminislra tor, Governing Boord Chair, or other Approving Body. The Subrecipient certifies lhal all fun d s received p ursuant to lhis agreemenl will be spent exclusively o n the purposes specified in th e Grant Subaword. The Subrecipient accepls this Grant Subaword and agrees l o administer the grant projecl in accordance with the Grant Subaward as well as all a pplicable sla le and fe deral laws, audit requiremenl s, federal program guidelines, and Cal OES policy and program guidance. The Subrecipienl furlher agrees lhal the allocation of funds may be contingent on l he enaclment of the Stale Budge!. 14. CA Publfc Records Act -Granl applicalions are subject to the California Public Records Act. Government Code sec lion 6250 el seq. Do not pul any personally identifiable informalion or private information on this application. If you believe thal any of the information you are pulling on this applica lion is exempl from lhe Public Records Act, please allach a statemenl thal indicales what porlions of the application and lhe basis for the exemption. Your statement lhot the information is not subject to the Public Records Act will not guarantee that the informalion will not be disclosed. 15. Official Authorized to Sign for Subreclplenl: Name: Enc Parra Tille: Chief o f Police Payment Mailing Address: ~ain S Signature: ~ City; Huntingto n Beach Zip Code+4: 92648-2702 Da te: __ \_l_~_'l_{ _L _,3 ____ _ 16.Federol Employer ID Number: 956000723 (FOR Col OES USE ONLY) I hereby certify upon my personal knowledge lhal budgeted funds a re available for the period and purposes of lhis expenditure stoled above. (Col OES fiscal Officer) (Dote) (Col OES Director or Deslgnee) (Dole) G rant Subaward Face Sheet Cal OES 2-1 0 1 (R evis ed 8/2023) J(j 557 Supplemental Grant Subaward Information – Cal OES 2-101a (11/2022) CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES SUPPLEMENTAL GRANT SUBAWARD INFORMATION 1. Cal OES Contact Information Section: Governor’s Office of Emergency Services Nancy Ward, Director 3650 Schriever Avenue Mather, CA 95655 (916) 845-8506 (phone) 2. Federal Awarding Agency Section: 3. Project Description Section: x Project Acronym (Please choose from drop down): Law Enforcement Specialized Units Program (LE) x Project Description: The purpose of the Program is to create or enhance specialized units to provide a coordinated response to victims/survivors of domestic violence and their children. 4. Research & Development Section: x Is this Subaward a Research & Development grant? Yes տ No ܈ Fund Year Federal Program Fund / AL# Federal Awarding Agency Total Federal Award Amount Total Local Assistance Amount 2023 Violence Against Women Act (STOP) / 16.588 Office of Violence Against Women $16,562,077 $14,905,869 558 e,CalOES 00YER H0n·s 0f PI CB OF eMenoeHcv senv 1ces Grant Subaward Contact Information Groht Sub award #: LE23 07 6860 ------------------------- Sub recipient: C lly of Huntington Be ach 1 . Grant Subaward Director: Name: Julio Mendez Ti11 e: Ll eutenanl -------------- Te I e phone#: 7 14 •374 -1736 Email Address: ~jm_e_n_d_e_z@_h_b...._p_d_.o~rg~------- Address/Ci ty/ Zip Code (9 -digit): 2000 Main St re e t Huntington Beach. CA 926 48•2702 2. Flnanclal Officer: Name: Kathy Baldwin Titl e: A c count ing Technician II Telephone#: 7 14 -536 -5935 Email Address: _kl_)a_ld_w_i_n@_h_b_,_p_d_.o....,rg=--------- Address/Cify/ Zip Code (9-digi t): 2000 Main Stre e t Hunting lon Beac h , CA 926 48-2702 3. Programmatic Point of Contact: Name: Jana Ha rde n Te lephone#: 714-536·5957 Titl e: Vic tim Advocate Email Address: Jharde n@hbpd.org Address/Ci t y/ Zip Code (9-digit): 2000 Main Stre e t Hunting ton Beac h, C A 92648-2702 4 . Financlal Point of Contact: Name: Kathy !laldwln Title: Acc oun tin g Te c h hlc ion II Te lephone#: 714-536 -5935 Email Address: _kb_o_ld_w_i_n@_h_b_,.p_d_.o_;rg><.... _______ _ Address/C i1 y/ Zip Code j9 "d ig lt): 2000 Main Slreel Huntington Beach, CA 926 48-2702 5. Executive Director of a Non-Governmental Organizo1i on or 1h e Chief Executive Officer (i.e ., ch ie f of polic e, superintend e n t o f sc hools) of the implementing agen cy: Name: Eri c Pa rra Title: C hie f of Polic e -------------- Te I e phone#: 714 -536-590 5 Email Address : _e.a...p _arr_o_@_h_b.;._p_d _.o-=rg;__ _______ _ Address/City/ Zip Code (9 -d igit): 2000 Main Str eet Hunllnglon Beach. CA 92648-2702 6. Offlclal Deslgnee, as sta1ed in Sec1 ion 15 of the Grant Su baward Face Shee t: Name: Eric Parra Ti11 e: C hief of .Police -------------- Te I e phone#: 714 -536 -590 5 Email Address: _e"""p_an_a_@_h_b.,_p _d _.o-=rg'------------- Address/City / Zip Code (9-digit): 2000 M a in Street Hunlingto n Be a c h, C A 92648-27 02 7. Chair of the Governing Body of the Subrecipienf: Name: Tony Strickland Titl e : M a yor -------------- Te I e phone #: 714 -536-5553 Email Address: to ny.s trl c kland@su rfcll y-hb.o rg Address/Ci ty / Zip Code (9-digit}: 2000 Main Stree t Huntington Beac h, CA 92648-2702 G rant Subaward Con t a c t Information -Cal OES 2-102 (Revised 10/2020} 559 (-J-CalOES ~ oov1nNOR 'S OFFICl ~ OF EME RO ENCV SE RVICES Grant Subaward Signature Authorization Gra nt Subawa rd #: LE23 07 6860 ----------------------- Sub recipient: City of Huntington Beach Implementing Agency: Huntington Beach Police Department The Grant Subaward Director a nd Financial Officer are REQUIRED to sign this form. Grant Subaward Director: Printed Name: Julio Mendez Signa ture : __ ...,_~-;,,~'/-_____ _ Date: __ __._A'"-~-·~-· 'I""'---· _Z -=5 ___ _ The following persons are authorized to sign for the Grant Subaward Director: Signature: ~--/G_ ...... ~_f:~----- KevU,n Johnson Printed Name: ________ _ Signa ture: _________ _ Printed Name: ________ _ Signa tur e: _________ _ Printed Name: ________ _ Signatu re: _________ _ Printed Name: ________ _ Signature: _________ _ Prin ted Name: ________ _ Financial Officer: Printed Name: Kathy Baldwin Signatu~~f&;;@~ Date: It:./~,{( ~~ Th e foll owing p e rsons a re authorized to sign tor the Fln tt~ Sig nature : -~-.=->l"'"'-"------ Printed Name: Kristin Miller --------- Signature: _________ _ Printed Name: ________ _ Signa ture: _________ _ Printed Name: ________ _ Sig na ture: _________ _ Printed Name: ________ _ Signature : _________ _ Printed Name: ________ _ Grant Sub award Signature Authori zation -Cal OES 2-103 (Revised 10/2020 ) 560 the Grant Subaward, during the close-out process, and for seven years after the Subrecipi ent makes fina l payments and all other pending matters are closed, unless a d ifferen t retention period appli es. Subrecipients (and a ny Second-Tier Subrecipients) mus t p rovide access to performance measurement in format ion, financia l records, supporti ng documents, statistical records, and any other pert inen l records indicated a t 2 C .F.R . 200.334. 3. Requi rements Relat e d to System fo r Awa rd Mana ge ment and Uniqu e Entity Identifi e rs Subrecipien ts (and any Second-Tier Subrecipients) must comply with applicable requ irements regard ing the System for Award Management (SAM), current ly accessible a t htt ps://www.sam.gov/. This includes appllcable requiremen ts regarding registra ti on with SAM, as well as maintaining the current Informa tion in SAM . Subrecipients also mus t comply wi th applicable res trictions for Second-T ier Subawards, including restr ictions on Grant Subawards to entitles that do not acquire and provide (to Subrecipients) the unique enti1y identifier assigned by SAM. The details of the Subrec ipients' obllgafions re lated to SAM and to unique en tity iden1 itie rs are posted on the OVW webs ite a t https://www.justlce.gov/ovw/award- conditions (Award Condition: Requirements re lated t o System for Award Management (SAM) and un ique entily identifiers) and are incorporated by reference here. 4 . Requirement to Re port Actual or Imminent Breac h of Personally Identifiable Information Subrec ipients (and any Second -Tier Subrecipients) must have written procedures in place t o respond In the event of an adual or imminent "breach" (as defined in 0MB M" 17" 12) if they: • Create, collect, use, process, store, maintain, disseminat e, disclose, or d ispose of "Personally ldehtifi able lnformdtion (P ll)'1 (ds defined in 2 C .F.R. 200.1) wi thin the scope of an OVW grant-funded program or activity, or • Use or operate a "Federal information system 1' ( as defined In 0MB C ircu lar A-130). Subrecipi ent s (and any Second-Tier Subrecipient s} must have breach procedures that mus1 Include a requirement to repor t actual or imminent breach o f Pll lo Cal OES no later t han 24 hours after an occurrence of an actual breach, or 1he detedlon of an imminent breach. 2-109d Federa l Fund Grant Subaward Assurances -STOP {Revised 11 /2022 ) 3 566 5 , Requirements Pertaining to Prohibited Conduct Related to Trafficking In Persons (Including reporting requirements and OVW authority to terminate Grant Subaward) Subrecipients (and any Second-T ie r Subreciplent s) mu s1 comply with a ll applicable requirements (i ncluding requirem e nts to re port allegations) p ertaining to p ro hibited conduct re la t ed to th e trafficking of p erso ns, whethe r on the part o f Subrecipien ts (and any Second-Tier Subrecipients), or indi viduals defined (f or purposes of thi s condi ti o n) as "employees" of Subreclplents (and any Second -Ti e r Subreci pi ent s). Th e details o t th e Subrecipients ' obli gati ons re la ted t o prohibited conduct re lated to tra ffi cking in persons are pos t ed on t he OVW webs ite at https ://www.just ice.gov/ovw/awa rd-conditions (Award Condition; Pro hibited conduct by Subrecipie nts rela ted to 1ra fti cking in persons (including re p o r1in g requirements and O VW a utho rity l o terminate award)), and are in corporated by re fe re nce here . 6. Determination of Suitability to Interact with Participating Minors Th is conditioh appli es to th e G rant Su baward (if It is indica ted) when some o r a ll of the activi t ies to be carri ed out under th e Gran t Subaward (whe th er b y Subrecipients, or Seco nd-Ti er Sub reciplents ) is to benefit a se t of individuals under 18 years of age. Subrecipients (and dny Second-Tier Subrecipient s) must make det ermination s o f su itability before certain individuals may interact w ith par ti cipating minors. Thi s . requirement applies regatdless of an individua l's empl oyme nt status. Th e details o f thi s requirement are posted on th e OVW website a t https ://www.just ice.gov/ovw/award-conditlons (Award condition: De te rminatio n of su it ability required, ih advance, for certain In dividuals who m ay int eract with par ti cipating minors), and are incorporated by re ference h ere. 7. Compliance with Appllcable Rules Regarding Approval, Planning, and Reporting of Conferences, Meetings, Trainings , and Other Events Subrecipients (and any Second-T ier Subrecipients) must comply with a ll applicable laws, regula ti ons, p olicies, and official DOJ g uidance (including speci fi c cos t limits, prio r approval and reportin g requiremen ts, where applicable) governin g the use of federal funds for expenses re lated to conferences (as that t erm is defi ned by DOJ), includin g the provision o f food and/or beverages a t such confere nces, a nd cos ts of a tte ndance at suc h conferences. Informa ti on on th e pertinent DO J definiti o n o f conferences and th e rul es applicable lo thi s Grant Subaward appears on the OVW websi1 e at ht1p s://www.just lce.gov/ovw/conference-plannlng. 2-109d Federa l Fund Gran t Subaward Assu rances "STOP (R ev ised 11 /2022) 4 567 8. OVW Training Guiding Principles Subrecipients (and any Secon d -Ti er Sub reci pie nts) understa nd a nd agree that any train ing o r tra ining materi als develo p ed or de li ve red with fun d in g under thi s G rant Suboward must o dhere t o th e OY W Tra ini ng Gui d in g Princip le for Gran t ee a nd Subgra nt ees , av ailable at h i tps:/ /www.justice ,gov /ovw /resou rces-a nd-faqs- gra ntees# Disc re ti on a ry. 9. Potential Imposition of Addition al Requirements Su brecipie nts (a nd a ny Second-Tier Sub recipien t s} agree to com p ly Wilh a ny a ddit ion al require ments that may be im p osed by OVW during th e period o f p e rform a nce for I hi s G rant Subaward, If Subreciplents are d es ig nated os 1'h ig h-risk" for p urposes o f the DO J l1 lgh -ri sk gra ntee list. 10. Compliance with DOJ Regulations Pertaining to Clvll Rlghts and Nondlscrlmlnatton • 28 C.F.R . Part 42 Su b recipienfs (a n d any Seco nd-Ti er Subrecip ien t s) must comply w ith a ll a p pli cable req uirements o f 28 C.F.R. Par t 42, speci ficall y in cludin g any appllcable requ irements In Sub p ari E of 28 C.F.R. Part 42 th a t re la te t o an equal e m p loym ent opportunity pro g ra m . 11 , Compliance with DOJ Regulations Pertaining to Civil Rights and Nondiscrimination - 28 C,F,R. Part 38 Subrecipient s (and any Seco nd-Tier Subrec i pien ts) mus t comply with a ll appli cable requirem ent s o f 28 C .F .R . Pa rt 38. Am o ng o th er things, 28 C.F.R. Part 38 in cl udes rul es t hat pro hib i t specilic forms o f disc rimin a ti on on the bas is o f re li g io n, a re li gious b e li e f, a re fusa l to hold a re li g ious beli ef, o r refusa l to a tt end or par ti cipate In a rellg ious p ractice. Part 38 also se ts out rul es and requ irements that pert a in to Sub reclpi ent o rganiza tions (a n d any Second - Tier Sub recipien t org a niza ti o ns) tha t engage in or conduct expl ici tl y re li g ious acti v ities, as well as ru les a nd requirements t hat pertain to Subrecipien ts (a nd any Second -Ti er Sub recipie nt s) t ha t a re fa ith-based or reli g io u s orga nizatio n s. 12 . Compliance with DOJ Regulations Pertaining to Civil Rights and Nondiscrimination - 28 C.F.R. Part 54 Sub recipients (and any Secon d-Ti er Subrecipient s} mus t comply w ith a ll appli cable req uirements o f 28 C .F.R. Par t 54, w hich re la tes i o no ndiscri m ina ti on o n th e bas is o f sex In certain "educationq l progra m s." 2-10 9d Federa l Fu n d Grant Subaward Ass ura n ces -STO P (Rev ised 11 /2022) 5 568 13. Restrtctlons on "Lobbying'' and Policy Development In general, as a matter of federal law, federal funds may not be used by Subrecipients (and any Second-Ti er Subrecip ien ls], either directly or indire c t ly, to support th e enactment, repeal. modification, or adoption o f any law, regula t ion , o r policy, at any leve l of government, in order to avoid violo1ion o f 18 U.S.C . 1913 . Subreclpients (or any Second-Ti e r Subrecipients ) may, however, use federal fu nds to colla bora te with and provide information f o federal, stcHe, local, trib a l a nd terr ito ri a l public officials and agencies to develop and im p lement po licies and develop ond promote state, local, or tribal legis lation or model codes designed to reduce or elimi na t e domest ic violence, dating violence, sexual qssau lt, and stalkin g (as th ose terms are defined in 34 U.S.C . 1229 l(a)) when such coll aboration and provision o f Information is consis te nt wi th the activiti es otherwise a uthorized under this grant program. Ano ther federal law generall y p rohibit s federal funds awarded by OVW fr om be ing used by Subreclpient s (and any Second-T ier Sub recipie nt s), to pay any person to influence [or atl empt 1o influence) a federa l agency, a Member of Congress, or Congress (o r an official or employee o f any of them) w ith respect to th e awarding o f a federal gran 1 or cooperativ e agreement, subgrant, contract, subcon1rac1 , or loan, or w i1h respect t o actions suc h as renewing, extending, or modifying dny su c h award. See 3 1 U.S.C, 1352. Cert ain exceptions to thi s law apply, including an excepti on th at applies i o Indian tribes and trib a l organizations. Sho uld a ny question a ri se as to whe th er a parti c ul ar use o f federal funds by a Subrecipien t (or any Seco nd-Tier Subrecipien l) would o r might fa ll w it hin th e scope o f these prohibitions, the Subrecipien t is t o contact Ca l OES fo r guidance, and may no t proceed w it hout th e express p rior written approval of Cal OES. 14. Compliance with Gen eral Appropriations-law Restrictions on the use of Federal Funds Subrec ip ien ts (and any Second-Tier Subrecip ie nt s) mus t comply witl'"1 all applicdble res tric tions on the use of fed e ral funds se t ou t in federal appropria ti ons sta tut es. Pertinent res tri ctions, for each fis cal year, a re set o ut a t h tt ps://www.justice .gov/ovw/award -conditio ns (Award Conditi on: General a p propriations-law restrictions o n use of federa l award funds), an d are in corporated by re f erence h ere. Sh ou ld a ques ti on arise as to whether a partic ular use o f federal funds by Su b recipie nl s (and a ny Second-Ti er Subrec ipients) would or might fall wlthin the scope of an appropriations or law restriction, Subrecipients a re to cont act Cal OES for guidance, and may not proceed withou t the express prior w ritt en approval of Cal OES. 2-109 d Federa l Fund Grant Subaward Assurances -STOP (Revised 11 /2022) 6 569 15. Reporting Poten11al Fraud , Waste , and Abuse, and Slmllar Misconduct Sub reclplents (and any Second-Tier Subrecipie nts) must promp tl y re fer t o Cal OES any c red ibl e evidence 1ha1 a prin cipal, ernployee, agent , Sub recipient, cont ractor, subcontractor, or o th er person has, in connec ti on wi th funds under this G ran t Subawa rd--( 1] sub mitted a claim ihat violates the False Cla im s Act; or (2) committ ed a c riminal or civil v io lation of laws pertaining to fra ud, con fli c t of interest, bribe ry, g ratuity, or si milar mis conduct. Potential fraud, waste , abuse. or misconduct inv olvin g or re la tin g to fu n ds under th is Grant Suboward shou ld must a lso be reported to Cal OES. Additi onal in forma ti on is avail able fr om the DOJ OIG websit e a t https;//oig.justi ce.gov/hotline. 16 . Restrictions and Certifications Regarding Non-disclosure Agreements and Related Matters No Subrecipients (and any Second-T ier Subrecipients) under this Grant Subaward, or e ntity that receives a procurement con1ract o r subcontract with any fun ds under thi s Gra n1 Subawa rd , may require any employee o r contracto r to sign an int erna l confidentiality agree ment or sta t emen t that prohibits or o therwise res 1ri c ts, or purport s to prohibit or res1rl c t, the reporting (ln accordance with law) o f was t e, fra ud, or abuse t o an investigative or l aw enforcement representative o f a f ederal department or agency authorized t o receive such inform a ti on . The foregoing is n o t inte nded, a nd sha ll not b e underst ood by th e agency making this Grdn t Subaward, to contra vene requirements applicable to St andard Form 3 12 (whic h relat es t o classified informati on), Fo rm 4414 (w hi c h relates t o se nsitive compartmented information), or any ot her form issued by a federal department or agency governing t he nondisclosure of c lass ifi ed informati on. Q. In acceptin g this Gran t Subaward, Subrec ipients (a nd any Second-Tier Subrecipien ts]: 1) Represent that they ne ither require, n or have required , Int ernal confid e ntiality agreement s or statements fr om employees or con tractors th at currently prohibit or o th erwise current ly restric1 (o r p ur port to prohibit or res tr ict) employees or contractors from reporting waste, fraud, or abuse as described above: cmd 2) Certify that, if t hey learn, or are notifi ed, that 1h ey have, or have been, requiring th e ir employees or contrac t o rs to execut e agreements or sta t ements tha t prohlbii or o th eiwise restr ic t (or purport to p rohib lt or restrlc 1). reporting o f waste, fraud, or abuse as described above, th e y will im mediately stop any furth er obligations o f Grant Subaward funds , w ill provid e prompt w ritten 2-109d Federal Fun d Gran t Subaward Assurances -STOP (Rev ised 11 /2022) 7 570 nofifi ca ti on to Cal OES, and w ill resume (or permlt resumption o f) such obligations only if exp ressly authorized t o do so by Cal OES. b. If Subrecipients a re authorized under this award to make Second-Ti er Subawards, procurement contracts, or both: 1) Subrecipients represen t t hat; a ) No o ther entity (whether through a Second-Tier Subawdrd ("subgrant"}, procurement contract or subcont ract under a p rocurement contract) that t hey pass funds to either requ ires or has required internal confidentiali t y agreement s or sta tements from employees or con tr actors i hat curre ntly pro hibi t or o therwise currently res trict (or purport to prohibit or restrict) employees or contractors fr om reporti ng waste, fraud, or abuse as described above; and b) Appropriat e inquiry has been made, or o t herwise Sub recip ie n ts have an adequa te factual bas is, to support this representation; and 2) If learned or noti fied that any Second-Tier Subreciplent, contract or, or subcontractor entit y that receives fu nds under t his Grant Suboward Is, or has been, requiring Its employees or contract ors to execute agreements or statements that p ro hi bit or otherwise res trict (or purport to prohibit or res trict), reporting o f waste, fraud, or abuse as described above, th ey wil l immediate ly stop any further obligations of G rant Subaward funds to o r by t hat entity, w il l provide prompt writ ten notifica tion t o Cal OES, and w ill resume ( or permit resumption o f} such obligations on ly if express ly au th orized to do so by Cal OES. 17. Compllance with 41 U.S.C. 4712 (Including prohibitions on re prisal; notice to employees) Subrecipients (and any Second-T ier Subrecip ien ts) mus t comply w it h, and are subject to, all appli cable prov isions of 41 U .S.C. 4712, Including a ll applicable provis ions that prohibit, under specified circumstances, discr iminati on against an employee as reprisa l for the employee's disc losu re of information related t o gross mismanagement of a federal gra nt, a g ross waste of fede ra l funds, an abuse of authority re la t ing to a federal grant , a subs tantial and specific danger t o public health or safety, or a vio lation o f law, ru le, or regu latio n re lated to a federal granf. Subrecipienl s (and any Second-Tier Subreclpients) also mus I inform l heir employees, in wr1 1ing (and in the predominant native language o f the workforce), o f employee righ ts and remedies under 4 1 U.S.C. 47 12. 2-109d Federal Fund Grant Subaword Assurance s -STOP /Rev ised 11 /2022 } 8 571 18. Encouragement of Policies to Ban Text Messaging while Driving Pu rsuant to Execut ive Order 135 13, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 5 1225 (October l, 2009), th e DOJ encourages Subrecipients (and any Second-Tier Subreciplen ts) to adopt and enforce policies bannin g employees from text messaging while driving any vehicle during the course of performing work funded by this Grant Subaward, and to estab lish work p lace safety policies and conduct education, awareness, and other outreach to decrease cras h es caused by d istracted drivers. 19. Compliance with Statutory and Regulatory Requirements Subrecipienls (and any Second-Ti er Subreciplents) agree to comply wi th all relevant sta tut o ry and regu latory requirements, which may include, among other relevant au th ori t ies, the Violence Against Women Act of 1994, P,L 103-322, the Vio lence Agains t Women Act o f 2000, P.L. 106-386, the Violence Again st Women and Department of Justice Reauthorization Act o t 2005, P.l. 109-162, the Vio lence Agains t Women Reauthorization Act o f 20 13, P.L. 11 3-4, the Omnibus Crime Con tro l a nd Sdfe Stree ts Act of 1968, 34 U.S.C. 10101 et seq., and OVW's implementlng regulations a t 28 C.F.R. Part 90. 20 . VAWA 2013 Nondiscrlmlnaflon Condition Subrecipients (and any Second-Tier Subreclp ients) acknowledge that 34 U.S.C . 1229 1 (b) ( 13) prohibits Subrecipients o f ovw awards from excluding, denying benefits to, or discrimin atin g again st any person on th e basis of actual or perceived race, color, religion, national origin , sex, gender identity, sexua l orlen1ation, or d isabi lity in a ny program or activity funded in whole or In part by OYW. Subreclpients may provide sex-seg regated or sex-specific programming if doing so is necessary to the essentia l operati ons of the program, so long as th e Subrecipient provides comparable services to those who cannot be provided with th e sex-segrega ted or sex-s pecific programming. The Subrecipient I and any Second-Tier Subrecipient) agrees t hat It wi ll comply w it h this provision, 21. Misuse of Award Funds Subrecipients (and any Second-T ier Subrecipients) understand and agre e that misuse of award funds may result in a range of penalti es, including suspension of current and future funds, suspension or debarment from federal grants, recoupment of monies prov id ed under an award, and c ivil and/or criminal penaltles. 22. Confldentlality and Information Sharing Subrecipients (and any Second-Ti er Subrecipients) agrees to comply with the prov isions of 34 U.S.C. 1229 1 (b)(2), nondisclosure of confidential or private infon-natlon, Which in cl udes c reatiri g and maintaining document a ti o n of 2-109d Federal Fund Grant Subaward Assurances -STOP (Revised 11 /2022) 9 572 complia nce, such as policies and procedures for re lease o f victim Information. Subrecipient s (a nd any Second -Ti er Subreclpients) a lso agree to comply with the regulations implementing thi s provision a t 28 CFR 90.4 (b) and "F requ en t ly Asked Questions (F AQs ) on th e VAWA Confiden tialit y Provision 134 U.S.C. 12291 (b )(2))'' on th e OVW website at https://www.ju stice.gov/ovw/resou rces-and-foqs-gran tees. 23. Activities that Compromise Victim Safety and Recovery or Undermine Offender Accountablllty Sub recip ien t s jand any Second-Tier Subreciplents ) agree tha t Grant Su baward fun ds wi ll not support ac1ivities that compromise victim safety and recovery or u ndermine ortender accountabili ty, suc h as: procedures or policies th a t exclude victims from receiving sa fe she lt er, advocacy se1Vices, counseling, and o ther ass istance based on th eir actual or perceived sex, age. immigra tion status, race, religion, sex u a l or ientation, gender identity, mental health conditi on, phys ical health cond iti on, crim inal record, W6rk In the sex industry, or the age and/or sex of th eir c hild reni procedures or policies that compromise the con fi denti a lily o f in forma ti on and privacy o f perso ns recelvlhg OVW-f unded services; procedures or policies that impose requirement s on vlctims in order to receive serv ices (e.g., see k an order of prot ection, receive counsel ing, parti cipa te in couples' counseling or mediation, report t o law e nforcement, seek civil or c riminal remedies, etc.); procedures or policies that foil to ens ur e se1Vice providers conduct safety planning with victims: project des ign and budgets that fail to account for th e access needs of participan ts w ith d isabiliti es and parti cipant s who have limited English proficiency or are Deaf o r hard o f hearing; or any o th er activiti es ou tlined ln th e so li ci tation or compani on guide under which the application was subm itted. 24. Polley for Response to Workplace-related Incidents of Sexual Misconduct, Domestic Violence, and Doting Violence Subreciplents (and a ny Second-Tier Subrec ip ient s) must hav e a policy, or Issue a policy w ithin 270 days of th e award date, to address work p lace-related in cidents o f sex u al misconduct, domestic v io le nce, and dating vio lence involving an employee, vo lunteer, consultant, or contractor. The details of this requiremen t are posted on th e OVW webs it e a t https://www.justice.gov/ovw/award~conditions (Award Conditi on: Poli cy for response t o workplace-related sexual rnisconduct, domes tic vio lence, a nd dating violence), and are 1ncorporated by re ference here. 25. Performance Progress Reports and Flnal Report Submission Subrecipients agree to provide Cal OES w ith speci fi c In fo rm ation regarding G rant Subawards. Subrecipients agree to submit an annual report that includes: a) an assessment of whether stated goals and objecti ves were achi eved; b ) in formati on on t he effectiveness o f activ iti es carri ed out with g rdnt fun ds. includin g the nu mber of persons served and the number of persons seeking se1Vices who could not be served; c ) information on each Grant Subaward made; and d) such o ther 2-109d Federal Fund Gran t Subaward Assurances -STOP !Rev ised. 11 /2022) 10 573 information as OVW may prescribe. Subrec ip ients musl use the designated forms and/or sys t ems made available by OVW for performance reporting, which identify the in formation th at Subrecipienfs must collect and report ds a conditi on of receivin g funding under this award, • 26 , Publlcatlon s Dlsclalm e r fo r STOP Formula Subreclp fents Subrecipien1s l and any Second-Tier Subrec l p ien t s) agree that a ll materia ls and publi cations (written, web-based, audio-visua l, or any olher format) resu lti ng from subaward activities shall contain the fo ll owing stat ement: "This project was support ed by Subgran t No . LE23076B60 awarded by the state adminlsteting o ffi ce for the Offi ce on Vio lence Against Women, U.S, Department of Justice's STOP Formula Grant Program. The opinions, findings, conclusions, and recommendations expressed in t hi s publicati on/program/exhibi tion are t hose of t he author(s) and do no t necessarll y reflect t he views of t he sta te or t he U.S. Department of Justice." 27 . Copyrighted Works Pu rsuant to 2 C.F.R. 200.3 15 {b), Sub recipients (and any Second-Tier Subreclpients) may copyright any work that Is subject to copyright and was developed, or for which ownership was acquired, under th is Grant Subaward. OVW reserves a royalt y- free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use lhe work, in whole or In part (including In t h e crea tion.of derivat ive works), for federal p u rposes, a nd to aut horize others to do so. OVW a lso rese rves a royalty-free, nonexclusive, and Irrevocable right t o reproduce, publish, or otherwise use, in whole or in part (Including in the creation of deriva ti ve works }, any work developed by a Sub recipient (and any Second-T ier Sub recipient), o f t hi s G rant Subaward, for fede ral purposes, and to authori ze o t hers to do so. In addition, Subrecipients (and any Second-T ier Subreclplents or contrac tors) must ob ta in advance written approval from Cal OES, and must comply with a ll condftl ons specified by Cal OES in connec ti on wi t h tha t approval, before: 1) using Grant Subaward funds to purchase ownership of. or a license to use, a copyright ed work; or 2) lhcorporating any copyrighted work, or porti on thereoL In to a new work developed under t his Grant Subaward. It is the respons ibilit y of Subrecipienfs (and any Second-T ie r Subrecipients, con tractors. or subcontractors as applicable) to ensure t hat this condit io n is included in any subaward, cont ract , or subcontract under 1his award. 28 , Ongoing Complian c e with Statutory Ce rtifi c ations Sub recipients (and any Second-Tier Sub reclpients ) agree that compliance with the statu t ory certi lication requ irements ls an ongoing respons ibi li ty during the Grant Subaward period and t hat. a t a minimum, a hold may be p loced on the 2-109d Federal Fund Grant Subaward Assurances -STOP (Rev ised 11 /2022 ) 11 574 Subrecipi ent 's funds for noncompliance wi th any of th e requirements of 34 U.S.C. 10449 (regarding rape exam paymen ts), 34 U.s.c. 10449(e) (regarding judicial notifi ca ti on), 34 U.S.C. 10450 (regarding cer ta in fees and costs), and 34 U.S.C. 10451 (regarding polygraph ing o f sexual assau lt victims ). Non-compli ance with any of the foregoing may a lso result in t ermin ation or suspension of t he grant or o ther remedial measures, in accordance with appllcable laws and regu la ti ons. 29. Requirements for Subreclplents Providing Legal Assistance Subrecipients (and any Second-Tier Subreciplents) agree that the legal assistance ell glbili1y requirements, as set for th below, are a continuing obligation on the part of Subrecipients (and any Second-Tier Subreciplents). a. The legal assistance e ligibilit y requirements are: 1) any person providing legal assistance through a program fun ded under this grant p rogram a ) has demonstrated experti se in providing legal assistance t o victims of domestic vio lence, dating vio lence, sexua l assault, or st alking in the targeted populati on: or b ) is partnered wi th an en tit y or person that hos demonstrated expertise described in subparagraph (a); and c ) has completed or w ill complete training in connection with domestic violence, dating vio lence, stalkin g, or sexual assault and related legdl issues, Including training on evidence-based risk factors for domestic and ddting violence homicide; 2) any training program conducted in sa ti sfaction of the requirement of paragraph ( 1) has been or w ill be developed with In put from and in collaboration with a sta te, local. territorial, or tribal domestic vio lence, dat ing violence, sexual assault. or s1a lki ng victim service provider or coalition, as well as appropriate state, local, territorial, and tribal law enforcement officials; 3) any person or organizat ion provid in g legal ass istance through this grant program has info rm ed and will continue to in form state, local. territorial, or tribal domestic violence, dating violence. stalking, or sexual assau lt programs and coalitions, as well as appropriate state and local law enforcemen t officials of their work; and 4) Subreclp ients' (and any Second-Tier Subreclpients') organiza ti onal policies do not require mediation or counseling involving offenders and vict i ms physicall y together, in cases where sexua l assault. dating vio lenc e, domestic vio lence, or 2-109d Federol Fund Grant Subaword Assurances -STOP (Revi sed 11 /2022 ) 12 575 chil d sex ual abuse is an lssue . Subrecip le nt s also agree to ensure that any Second-Tie r Subrecipient wi ll comply w ith t his condition. 30. Federal Funding Accounting and Transparency Act (FFATA) Yes 00 □ □ No □ Has the Subrecipient received $25,000,000 or more in federal funds in t he preceding fiscal year? I!] If the answer is yes, does th e amount of federal fu nds received equal 80% or more o f th e Subreclpient's annual gross revenue? □ If the answer ls yes to the above two questions, d id t he Subrecipient report t o th e U.S . Securi ty and Exchange Commiss ion? For additional information re f erence: Award Condition : Reporting Subawards and Execu tive Compensation (Updated as of September 2016} I Office of Justice Programs (ojp .gov). CERTIFICATION I certify the Subreciplent identified above w ill comply with the requirements o f the Su·b· recipient Ha ndbook and the federal fund~rant baward assu rances outlined above. <- Official Deslgnee 1s Signature: ~ Official Designee' s Typed Name : _E_ri_c_P_a_r_ra _____________ _ Official Designee' s Titl e: _C_h_i_e_f _o_f _P...,..o_li c----=e=----------------- Da te Executed: ____ l _~_z.._--<_(_z.,_3 _____________ _ 2-109d Federal Fund Grant Subawa rd Assurances -STOP (Revised 11 /2022) 13 576 F/S/L Funding Source Budget Amount Paid/Expended Balance Pending Pending Balance F 23STOP 63,520 0 63,520 0 63,520 L 23STOP 67,715 0 67,715 0 67,715 Total A Personnel Services - Salaries/Employee Benefits 131,235 0 131,235 0 131,235 F/S/L Funding Source Budget Amount Paid/Expended Balance Pending Pending Balance F 23STOP 139,623 0 139,623 0 139,623 L 23STOP 0 0 0 0 0 Total B. Operating Expenses 139,623 0 139,623 0 139,623 B. Operating Expenses F/S/L Funding Source Budget Amount Paid/Expended Balance Pending Pending Balance F 23STOP 0 0 0 0 0 L 23STOP 0 0 0 0 0 Total C. Equipment 0 0 0 0 0 C. Equipment A Personnel Services - Salaries/Employee Benefits F/S/L Funding Source Budget Amount Paid/Expended Balance Pending Pending Balance Total F/S/L (Funding Types): F=Federal, S=State, L=Local Match Paid/Expended=posted in Ledger w/Claim Schedule, Pending=Processsed, but not yet in Claim Schedule 01/08/2024 Budget Summary Report LE23 Law Enforcement Specialized Units Program Huntington Beach, City of Law Enforcement Specialized Units Program Subaward#: LE23 07 6860 Subaward Period: 01/01/24 - 12/31/24 Latest Request: 580 Budget Amount Paid/Expended Balance Pending Pending Balance Total Local Match:67,715 0 0 0 67,715 Total Funded:203,143 0 203,143 0 203,143 Total Project Cost:270,858 0 270,858 0 270,858 F/S/L (Funding Types): F=Federal, S=State, L=Local Match Paid/Expended=posted in Ledger w/Claim Schedule, Pending=Processsed, but not yet in Claim Schedule 01/08/2024 Budget Summary Report LE23 Law Enforcement Specialized Units Program Huntington Beach, City of Law Enforcement Specialized Units Program Subaward#: LE23 07 6860 Subaward Period: 01/01/24 - 12/31/24 Latest Request: 581 -& 9 XXXXX 059-36000 CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES SUBRECIPIENT GRANTS MANAGEMENT ASSESSMENT Subreclplent: City of Huntin gton Beach I UEI #LKKFRC4PW7L4 Grant Disaster/Program Title : Law Enforce ment Sp eclall ze d Un its Program (L E) I FIPS #: 06059 Performance Period: 01/01/24 to 12/31/24 I Subaward Amount Requested ; $ 270 ,857 Type of Non -Federal Entity I □ State Govt Iii local Govt D JPA D Non -Profit □ Tribe (Ch eck Aocllcable Box) Per Tille 2 CFR § 200.332, Cal OES is required to evaluate the risk of noncompliance with federa l statutes, regula tions and grant terms and conditions posed by each subreciplent of pass-through funding. This assessmen t Is made In order to determine a nd provide an appropriate level of technical assistance, training, and grant oversigh t lo subreclplents for the award re ferenced above. The following are questions related to your organization's experience In the management of federal grant owords, This questionnaire mus t be completed and returned with your g rant applica ti on materials , For purposes of comple ting th is questionnaire, grant manager Is the Individ u a l who has primary responslblllly fo r day-to-day administration of the gran t, bookkeeper/accounting sta ff means the Individual who hos responslblllly for reviewing a nd dete rmining expendit ures to be c h arged t o the grant award, and orgonizoffon re fers to the subreclplent applying for the award, and/or t he governmenta l Implementing agency, as applicable. Assessment Factors Respons e 1. How many years o f experience does your curren t gran t manager have managing >5 yea rs gran ts? 2. How many years o f experience does your current bookkeep er/accounting sta ff have >5 years managing grants? 3, How many grants does your organization c urren tly receive? >10 grant 4, What ls the approximate total dollar amoun t of all grants your organization receives? $47,000,000 5. Are Individual sta ff members ass igned to work on multiple grants? Yes 6. Do you use limesheets to track the time sta ff spend working on specific Yes activlties/proJects? 7, How often does your o rganiza ti on have a fin a n cial audit? Ann ually 8, Has your organization received a ny audit fi ndings In lhe las t three years? Yes 9, Do you have a wri tten p lan lo c ha rge cos ts lo grants? Yes Io. Do you have w ritten procurement policies? Yes 11. Do you get multipl e quotes or bids when buying Items o r services? So metlmei 12. How many years do you maintain receipts, deposits, can celled checks, Invoices? >5 years 13 . Do you have procedures l o monitor grant funds passed through l o o ther entllles? Yes Certifi c ation : This Is to certify that, to the best o f our knowledge and be/let, the data furnish ed above Is accurate, complete and current, Signature: (Aul Dote : \ D\ L\..{ / 2.. 1 e: Eric Parra , Chief of Police Phone Number:714-536-5902 Cal OES Slaff Only: SUBAWARD # Sub recipient Grants Management Assessment (Rev.3/17 /22) ,JG 590 ~I £'!ilS~,~s ~ OF EMEROEtlCY HRVI CE5 Grant Subaword Service Area Information G ra nt Su b award 4t-: LE 23 07 6860 ----------------------- Sub recip ie nt: Cl1y of Hunti n g to n Beach 1. County or Counti es Se rved: Ora n ge County w he re p rin c ipal o ffi ce is located: _O_ra_n.....;g::::....e __ ~-------- 2. U.S. Congress ional Di st rict(s) Se rved : 4 8 U.S. Con gressio na l Dist ri ct w here prihclpal o ffi ce is locat ed: _4_8 _____ _ 3 . St d te Assemb ly Di strict(s) Served: 72 Sta te Assemb ly Distri ct w h ere principal office is located : _7_2 ______ _ 4. Sta te Senat e Di stri c t(s) Served: 37 State Se nate District where p ri nclpal o ffi ce is located: _3_7 _______ _ 5. Pop ul a tion o f Serv ice Area: 19 4,310 US Census popula ti on estimat e July 1,2022 G rant Su baward Serv ice A rea Inform a ti on -Cal OES 2-154 (Rev ised 11 /2020) 591 CAL OES LAW ENFORCEMENT GRANT Grant Period : 1/1/2024 -12/31/2024 Huntington Beach Police Department Allocation to Interval House 1.0 FTE Domestic Violence Victim Advocate as of Jan 1, 2024 Domestic Violence Counselor ($67 ,000 x 1.0 FTE) Benefits 36 .04% Amount paid by HBPD: Amount paid by Interval House: Actual Monthly Cost: # of months to be billed: 25.88% 74 .12% 7,595.58 3 67 ,000.00 24,147.00 Total Cost: 23,591.00 91 ,147.00 23,591 .00 67 ,556.00 602 the Grant Subaward, during the close-out process, and for seven years afler the Subrecipient makes final payments and all other pending matters are closed, unless a different retention period applies. Subrecipients (and any Second-Tier Subrecipients) must provide access to performance measurement information, financial records, supporting documents, statistical records, and any other pertinent records indicated at 2 C.F.R. 200.334. 3. Requirements Related to System for Award Management and Unique Entity Identifiers Subrecipients (and any Second-Tier Subrecipients) must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible athttps://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the current information in SAM. Subrecipients also must comply with applicable restrictions for Second-Tier Subawards, including restrictions on Grant Subawards to entities that do not acquire and provide !lo Subrecipients) the unique entity identifier assigned by SAM. The details of the Subrecipienls' obligations related to SAM and to unique entity identifiers are posted on the OVW website at https://www.justice.gov/ovw/award- conditions (Award Condition: Requirements related lo System for Award Management (SAM) and unique entity identifiers) and are incorporated by reference here. 4. Requirement to Report Actual or Imminent Breach of Personally Identifiable Information Subrecipients (and any Second-Tier Subrecipients) must have written procedures in place lo respond in the event of an actual or imminent "breach" (as defined in 0MB M-17-12) if they: • Create, collect, use, process, store, maintain, disseminate, disclose, or dispose of "Personally Identifiable Information IPII)" (as defined in 2 C.F.R. 200.1) within the scope of an OVW grant-funded program or activity, or • Use or operate a "Federal information system" I as defined in 0MB Circular A-130). Subrecipients (and any Second-Tier Subrecipients) must have breach procedures that must include a requirement to report actual or imminent breach of PII to Cal OES no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. 2-109d Federal Fund Grant Subaward Assurances -STOP (Revised 11 /2022) 3 611 5. Requirements Pertaining to Prohibited Conduct Related to Trafficking in Persons (Including reporting requirements and OVW authority to terminate Grant Subaward) Subrecipients (and any Second-Tier Subrecipients] must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of Subrecipients (and any Second-Tier Subrecipients), or individuals defined (for purposes of this condition) as "employees" of Subrecipients (and any Second-Tier Subrecipients). The details of the Subrecipients' obligations related to prohibited conduct related to trafficking in persons are posted on the OVW website at https://www.justice.gov/ovw / award-conditions ( Award Condition: Prohibited conduct by Subrecipients related to trafficking in persons (including reporting requirements and OVW authority to terminate award]), and are incorporated by reference here. 6. Determination of Suitability to Interact with Participating Minors This condition applies to the Grant Subaward {if it is indicated) when some or all of the activities to be carried out under the Grant Subaward {whether by Subrecipients, or Second-Tier Subrecipients] is to benefit a set of individuals under 18 years of age. Subrecipients (and any Second-Tier Subrecipients) must make determinations of suitability before certain individuals may interact with participating minors. This . requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OVW website at https://www.justice.gov/ovw/award-conditions (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here. 7. Compliance with Applicable Rules Regarding Approval, Planning, and Reporting of Conferences, Meetings, Trainings, and Other Events Subrecipients (and any Second-Tier Subrecipients) must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this Grant Subaward appears on the OVW website at https://www.justice.gov/ovw /conference-planning. 2-109d Federal Fund Grant Subaward Assurances -STOP (Revised 11 /2022) 4 612 8. OVW Training Guiding Principles Subrecipients (and any Second-Tier Subrecipients) understand and agree that any training or training materials developed or delivered with funding under this Grant Subaward must adhere to the OVW Training Guiding Principle for Grantee and Subgrantees, available at https://www.justice.gov/ovw/resources-and-faqs- grantees#Discretionary. 9. Potential Imposition of Additional Requirements Subrecipients (and any Second-Tier Subrecipients) agree to comply with any additional requirements that may be imposed by OVW during the period of performance for this Grant Subaward, if Subrecipients are designated as "high-risk" for purposes of the DOJ high-risk grantee list. 10. Compliance with DOJ Regulations Pertaining to Civil Rights and Nondiscrimination - 28 C.F.R. Part 42 Subrecipients (and any Second-Tier Subrecipients) must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. 11. Compliance with DOJ Regulations Pertaining to Civil Rights and Nondiscrimination - 28 C.F.R. Part 38 Subrecipients (and any Second-Tier Subrecipients) must comply with all applicable requirements of 28 C.F.R. Part 38. Among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38 also sets out rules and requirements that pertain to Subrecipient organizations (and any Second- Tier Subrecipient organizations) that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to Subrecipients (and any Second-Tier Subrecipients) that are faith-based or religious organizations. 12. Compliance with DOJ Regulations Pertaining to Civil Rights and Nondiscrimination - 28 C.F.R. Part 54 Subrecipients (and any Second-Tier Subrecipients) must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "educational programs." 2-109d Federal Fund Grant Subaward Assurances -STOP (Revised 11/2022) 5 613 15. Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct Subrecipients (and any Second-Tier Subrecipients) must promptly refer to Cal OES any credible evidence that a principal, employee, agent, Subrecipient, contractor, subcontractor, or other person has, in connection with funds under this Grant Subaward--(1) submitted a claim that violates the False Claims Ad; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this Grant Subaward should must also be reported to Cal OES. Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline. 16. Restrictions and Certifications Regarding Non-disclosure Agreements and Related Matters No Subrecipients (and any Second-Tier Subrecipients) under this Grant Subaward, or entity that receives a procurement contract or subcontract with any funds under this Grant Subaward, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this Grant Subaward, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. a. In accepting this Grant Subaward, Subrecipients (and any Second-Tier Subrecipients): 1) Represent that they neither require, nor have required, internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above;and 2) Certify that, if they learn, or are notified, that they have, or have been, requiring their employees or conlractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, they will immediately stop any further obligations of Grant Subaward funds, will provide prompt written 2-109d Federal Fund Grant Subaward Assurances -STOP (Revised 11 /2022) 7 615 notification to Cal OES, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by Cal OES. b. If Subrecipients are authorized under this award to make Second-Tier Subawards, procurement contracts, or both: 1) Subrecipients represent that: a) No other entity (whether through a Second-Tier Subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) that they pass funds to either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b) Appropriate inquiry has been made, or otherwise Subrecipients have an adequate factual basis, to support this representation; and 2) If learned or notified that any Second-Tier Subrecipient, contractor, or subcontractor entity that receives funds under this Grant Subaward is, or has been, requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, they will immediately stop any further obligations of Grant Subaward funds to or by that entity, will provide prompt written notification to Cal OES, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by Cal OES. 17. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) Subrecipients (and any Second-Tier Subrecipients) must comply with, and are subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. Subrecipients (and any Second-Tier Subrecipients) also must inform their employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. 2-109d Federal Fund Grant Subaward Assurances -STOP (Revised 11 /2022) 8 616 18. Encouragement of Policies to Ban Text Messaging while Driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), the DOJ encourages Subrecipients (and any Second-Tier Subrecipients) to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this Grant Subaward, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 19. Compliance with Statutory and Regulatory Requirements Subrecipients (and any Second-Tier Subrecipients) agree to comply with all relevant statutory and regulatory requirements, which may include, among other relevant authorities, the Violence Against Women Act of 1994, P.L. 103-322, the Violence Against Women Act of 2000, P.L. 106-386, the Violence Against Women and Department of Justice Reauthorization Act of 2005, P.L. 109-162, the Violence Against Women Reauthorization Act of 2013, P.L. 113-4, the Omnibus Crime Control and Safe Streets Act of 1968, 34 U.S.C. 10101 et seq., and OVW's implementing regulations at 28 C.F.R. Part 90. 20. VAWA 2013 Nondiscrimination Condition Subrecipients (and any Second-Tier Subrecipients) acknowledge that 34 U.S.C. 12291 (b) ( 13) prohibits Subrecipients of OVW awards from excluding, denying benefits to, or discriminating against any person on the basis of actual or perceived race, color, religion, national origin, sex, gender identity, sexual orientation, or disability in any program or activity funded in whole or in part by OVW. Subrecipients may provide sex-segregated or sex-specific programming if doing so is necessary to !he essential operations of the program, so long as the Subrecipient provides comparable services to those who cannot be provided with the sex-segregated or sex-specific programming. The Subrecipient (and any Second-Tier Subrecipient) agrees that it will comply with this provision. 21. Misuse of Award Funds Subrecipients (and any Second-Tier Subrecipienls) understand and agree that misuse of award funds may result in a range of penalties, including suspension of current and future funds, suspension or debarment from federal grants, recoupment of monies provided under an award, and civil and/or criminal penalties. 22. Confidentiality and Information Sharing Subrecipients (and any Second-Tier Subrecipients) agrees to comply with the provisions of 34 U.S.C. 12291 (b) (2), nondisclosure of confidential or private information, which includes creating and maintaining documentation of 2-109d Federal Fund Grant Subaward Assurances -STOP (Revised 11 /2022) 9 617 information as OVW may prescribe. Subrecipients must use the designated forms and/or systems made available by OVW for performance reporting, which identify the information that Subrecipients must collect and report as a condition of receiving funding under this award. 26. Publications Disclaimer for STOP Formula Subreclpients Subrecipients (and any Second-Tier Subrecipients) agree that all materials and publications (written, web-based, audio-visual, or any other format) resulting from subaward activities shall contain the following statement: "This project was supported by Subgrant No. LE23076860 awarded by the state administering office for the Office on Violence Against Women, U.S. Department of Justice's STOP Formula Grant Program. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the state or the U.S. Department of Justice." 27. Copyrighted Works Pursuant to 2 C.F.R. 200.315(b), Subrecipients (and any Second-Tier Subrecipients) may copyright any work that is subject to copyright and was developed, or for which ownership was acquired, under this Grant Subaward. OVW reserves a royalty- free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use the work, in whole or in part (including in the creation.of derivative works), for federal purposes, and to authorize others to do so. OVW also reserves a royalty-tree, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use, in whole or in part (including in the creation of derivative works), any work developed by a Subrecipient (and any Second-Tier Subrecipient), of this Grant Subaward, for federal purposes, and to authorize others to do so. In addition, Subrecipients (and any Second-Tier Subrecipients or contractors) must obtain advance written approval from Cal OES, and must comply with all conditions specified by Cal OES in connection with that approval, before: l) using Grant Subaward funds to purchase ownership of, or a license to use, a copyrighted work; or 2) incorporating any copyrighted work, or portion thereof, into a new work developed under this Grant Subaward. It is the responsibility of Subrecipients (and any Second-Tier Subrecipients, contractors, or subcontractors as applicable) to ensure that this condition is included in any subaward, confract, or subcontract under this award, 28. Ongoing Compliance with Statutory Certifications Subrecipients (and any Second-Tier Subrecipients) agree that compliance with the statutory certification requirements is an ongoing responsibility during the Grant Subaward period and that, at a minimum, a hold may be placed on the 2-l09d Federal Fund Grant Subaward Assurances -STOP (Revised 11 /2022) 11 619 Subrecipient's funds for noncompliance with any of the requirements of 34 U.S.C. 10449 (regarding rape exam payments), 34 U.S.C. 10449(e) (regarding judicial notification), 34 U.S.C. 10450 (regarding certain fees and costs), and 34 U.S.C. 10451 (regarding polygraphing of sexual assault victims). Non-compliance with any of the foregoing may also result in termination or suspension of the grant or other remedial measures, in accordance with applicable laws and regulations. 29. Requirements for Subrecipients Providing Legal Assistance Subrecipients (and any Second-Tier Subrecipients) agree that the legal assistance eligibility requirements, as set forth below, are a continuing obligation on the part of Subrecipients (and any Second-Tier Subrecipients). a. The legal assistance eligibility requirements are: 1) any person providing legal assistance through a program funded under this grant program a) has demonstrated expertise in providing legal assistance to victims of domestic violence, dating violence, sexual assault, or stalking in the targeted population; or b) is partnered with an entity or person that has demonstrated expertise described in subparagraph {a); and c) has completed or will complete training in connection with domestic violence, dating violence, stalking, or sexual assault and related legal issues, including training on evidence-based risk factors for domestic and dating violence homicide; 2) any training program conducted in satisfaction of the requirement of paragraph { 1) has been or will be developed with input from and in collaboration with a state, local, territorial, or tribal domestic violence, dating violence, sexual assault, or stalking victim service provider or coalition, as well as appropriate state, local, territorial, and tribal law enforcement officials; 3) any person or organization providing legal assistance through this grant program has informed and will continue to inform state, local, territorial, or tribal domestic violence, dating violence, stalking, or sexual assault programs and coalitions, as well as appropriate state and local law enforcement officials of their work; and 4) Subrecipients' {and any Second-Tier Subrecipients') organizational policies do not require mediation or counseling involving offenders and victims physically together, in cases where sexual assault, dating violence, domestic violence, or 2-109d Federal Fund Grant Subaward Assurances -STOP (Revised 11 /2022) 12 620 child sexual abuse is an issue. Subrecipients also agree to ensure that any Second-Tier Subrecipient will comply w ith this condition. 30. Federal Funding Accounting and Transparency Act (FFATA) Yes [!] □ □ No D Has the Subrecipient received $25,000,000 or more in federal funds in the preceding fiscal year? □ If the answer is yes, does the amount of federal funds received equal 80% or more of the Subrecipient's annual gross revenue? If the answer is yes to the above two questions, did the Subrecipient report to the U.S. Security and Excha nge Commission? For additional information reference : Award Condition: Reporting Subawards and Executive Compensation (Updated as o f September 2016) I Office of Justice Programs ( ojp.gov}. CERTIFICATION I certify the Subrecipient identified above will comply with the requirements of the Subrecipient Handbook and the federal fund Grant Subaward assurances outlined above. Official Designee's Signature: ___________________ _ Official Designee 's Typed Name: _E_r°_1c_P_a_rr_a ______________ _ Official Designee's Title: _C_h_i_e_f _o_f_P_o_li_c_e ______________ _ Date Executed : ________________________ _ 2-109d Federal Fund Grant Subaward Assu rances -STOP (R e vise d 11 /2022) 13 621 CALIFORN I A GOVERNOR'S OFFICE OF EMERGENCY SERVICES SUBRECIPIENT GRANTS MANAGEMENT ASSESSMENT Subreclplent: City of Huntington Beach I UEI #LKKFRC4PW7L4 Grant Disaster/Program Title: Law Enforcement Specialized Units Program (LE) I FIPS #:06059 Performance Period: 01/01/24 to 12/31/24 I Subaward Amount Requested: $ 270,857 Type of Non-Federal Entity I □ State Govt l!l Local Govt □ JPA □ Non-Profit □ Tribe (Check Aoollcable Box) Per Title 2 C FR § 200.332, Cal O ES is required to evalua t e the risk of no ncom pliance with federal statu tes, regula ti ons a n d grant terms an d conditions posed by each sub recipient o f pass-through fund ing. This assessment is m a de in order to determine and provide a n appropriate level of technical assis tance, tra ining, and gra nt oversig h t to subrecipients for the award re fe re nced above. The followin g are ques tio ns rel ated to your organiza tion's experience i n the management of federa l grant awards. This questionnaire mus t be completed a n d returned w ith your grant a p plication materials. Fo r purposes of completing this questionn aire, grant manager is t he individual who has p ri mary responsibilit y for day-t o-d ay admini strat io n of th e grant, bookkeeper/accounting staff means the individual who has responsibili ty for reviewing a nd determining expenditures to be c harged to the g rant award, and organizatio n refers to the subrecipie nt applying for the award, a nd/or th e governmenta l implementing agen cy, as applicable. Asse ssment Factors Response l. How ma ny years o f experience does your current grant manager have managing >5 years grants? 2. How many years of experience d oes your current bookkeeper/a ccoun ting staff h ave >5 years managing g rants? 3. How many g rants does your organizat io n currentl y receive? >10 grant 4. What is t he approximate total doll ar amount of a ll grants your organiza t ion receives? $47,000,000 5. Are Indivi dual sta ff mem bers assig ned to work on multiple grants? Yes 6. Do you use ti meshee ts to track the time st aff spend working on specific Yes activities/proj ects? 7. How o ft en does your o rganiza tion have a financial audit? Annua lly 8. Has your organization received any a udit fin dings in th e las t three years? Yes 9. Do you have a written p lan to charge costs to grants? Yes 1 o. Do you have written procurement policies? Yes l l. Do you get multiple quotes or bids w hen buying items o r services? Someti me~ 12. How many years do you maintain receip ts, deposits, cancelled checks, invoices? >5 years 13. Do you have procedures to monitor grant fu nds passed through to other entities? Yes Certification : This is to certify that, to the best of our knowledge and belief, the data furn ished above is accurate, complete and curren t. Signature: (Author ized Agent) Date: Pr int Nam e and Title : E . p Ch' f f p I' Ph one Number : nc arra , 1e o o ice 714-536-5902 Cal OES Staff Only: SUBAWARD # Subrecipient Grants Manage ment Assessmen t (Rev.3/I7 /22) 622 ~ £~!. .. 2,~S ~ OF EMERGENCY SERVICES Grant Subaward Service Area Information Grant Subaward #: LE23 07 6860 ------------------------- Sub recipient: City of Huntington Beach 1. County or Counties Served: Orange County where principal office is located: _O_r_a_n=g_e ___________ _ 2. U.S. Congressional District(s) Served: 48 U.S. Congressional District where principal office is located: _4_8 ______ _ 3. State Assembly District(s) Served: 72 State Assembly District where principal office is located: _7_2 _______ _ 4. State Senate District(s) Served: 37 State Senate District where principal office is located: _3_7 ________ _ 5. Population of Service Area: 194,310 US Census population estimate July 1,2022 Grant Subaward Service Area Information -Cal OES 2-154 (Revised 11 /2020) 623 OPERATIONAL AGREEMENT This Operational Agreement shall stand as evidence that the Huntington Beach Police Department, Waymakcrs, and Interval House intend to work together as part of the Huntington Beach Collaboration: Violence Against Women Project to provide a coordinated response to victims/survivors of domestic violence and their children in Huntington Beach. To this end, each agency agrees to participate in the program by coordinating and providing the following services. Victim advocacy personnel will: Provide consultation, rnsource materials and outreach materials to the Huntington Beach Police Depa11ment for first responders and other relevant department personnel; assist with the development and/or revision of officer and advocate protocols for responding to victims/survivors of domestic violence and their children; assist with training first responders, and other relevant depai1ment personnel, on best practices in responding to victims/survivors of domestic violence and their children. The Waymakers Victim Advocate will be on-site at the Huntington Beach Police Department on a 4/10 schedule Monday-Thursday. The Waymakers Victim Advocate will maintain contact with the investigating officer on assigned cases to ensure that all victims receive all services necessary to encourage continued cooperation in the investigation and subsequent prosecution. The Waymakers Victim Advocate will provide the following services to victims/survivors of domestic violence and their children: A. Crisis Intervention and follow up counseling: response to crime victims' immediate emotional and/or physical needs, telephone and in-person support counseling services B. Court Related Services: assisting the victim with participating in the judicial process, including court support and accompaniment, Marsy's Law rights C. Support Services: advocacy on behalf of the victim; i.e., filing crime victim compensation claims, intervention with employers, case information and disposition, emergency services for basic needs, community resource referrals D. Civil Legal advocacy: restraining order assistance, family law legal resources, civil justice legal resources Interval House will provide one FTE Domestic Violence Counselor to accept referrals from this project. The Interval House Domestic Violence Counselor will provide the following services to victims/survivors of domestic violence and their children: A. In-person or telephone response: respond to requests for advocacy from HBPD and victims/survivors of domestic violence on a 24-hour basis B. 24-hour hotline: hotline operation to facilitate emergency needs of victims/survivors of domestic violence and their children C. Priority shelter: provide priority shelter on a 24 hour basis for domestic violence victims and their children from Huntington Beach including but not limited to a hotel when shelters are full The Huntington Beach Police Department will coordinate the following services in the Huntington Beach Collaboration: Violence Against Women Project: A. Refer victims to the Waymakers Victim Advocate following the crime incident. Refer victims to the Interval House via the 24-hom· hotline. B. The Huntington Beach Police Department provide office space, furniture, a telephone, and a computer for the Waymakers Victim Advocate, on site at the department. Reasonable work This Operational Agreement shall ht no way be construed as a contract. All parties have the right to tenninale this Operational Agreement without cause at any time. TI1is Operational Agreement ls effective January I, 2024 through December 31, 2024. 628 Operational Agreement January 1, 2024 -December 31, 2024 This Operational Agreement shall stand as evidence the Huntington Beach Police Department (HBPD) and Interval House intend to work together as part of the Huntington Beach Collaboration: Violence Against Women Project with lhe mutual goal of providing a coordinated response to victims of domestic violence and their children in Huntington Beach, The agreement is dependent upon a grant award from the Cal OES Law Enforcement Specialized Units Program for the purposes of creating or enhancing our coordinated response to victims of domestic violence and their children, and the approval of a Professional Services Contract between the City of Huntington Beach and Interval House. To this end, each organization agrees to participate in the Project by coordinating and providing the following: Victim Advocacy Interval House is contracted as the local Cal OES-funded Domestic Violence Assistance (DV) Program recipient for one full-time equivalent Domestic Violence Counselor, pursuant to Evidence Code· tl37,l(a)(I). The Interval House Domestic Violence Counselor will: Provide immediate in-person response to requests for advocacy by the Huntington Beach Police Department on a 24-hour basis. Provide priority shelter for domestic violence victims and their children from Huntington Beach on a 24-hour basis including but not limited to a hotel when shelters are full. Provide consultation, resource materials and outreach materials to the Huntington Beach Police Department for the purpose of patrol officers/first responders, and other relevant department personnel. Assist with the development and/or revision of officer and advocate protocols for responding to victims of domestic violence and their children. Assist with the training of patrol officers/first responders, and other relevant department personnel, on responding to victims of domestic violence and their children. Serve as a point of contact with the Huntington Beach Police Department for developing and initiating mechanisms of interagency accountability. Investigation and Coordination The Huntington Beach Police Department will commit at least one full-time investigator to the Huntington Beach Collaboration: Violence Against Women Project. The investigator will act in both an investigative and coordinating capacity, and will: 1 630 Review arrest and preliminary investigation reports to evaluate cases and provide supplemental reports for issues requiring further Investigation within 48 hours of the arrest. Gather and document evidence including witness statements, the identities of all children in the home, previous incidents of domestic violence and violent crimes, as well as civil restraining order information from the California LawEnforcementTelecommunlcation System (CLETSJ. Provide or facilitate training for patrol officers/first responders on responding to victims of domestic violence and their children. Assist with the development of protocols for ensuring consistent and appropriate response by officers to violations of protective orders in order to ensure family safety. Oversee the completion of domestic violence case follow-up requests or evidence requests by the District Attorney's Office. Provide consultation and resources for officers, and other relevant personnel employed by the Huntington Beach Police Department, on effective domestic violence intervention and response techniques. Serve as a point of contact with the domestic violence service provider and the Domestic Violence Counselor for developing and initiating mechanisms ofinteragency accountability. Work in close cooperation with victim advocacy personnel. Training The Huntington Beach Police Department and Interval House will collaborate to provide training to patrol officers/first responders, and other relevant department personnel, on effective domestic violence intervention and response techniques. The training must include, but is not limited to: The dynamics of power and control in violence against victims of domestic violence Understanding the concept of dominate aggressor Crime scene investigation, including: o Conducting thorough victim interviews with detailed accounts of the crime o Treating the physical space as a crime scene and dlllgently documenting, collecting and booking physical evidence that corroborates the victim's(s') accounts o Photographing victim injuries o Noting children with detail on reports as being present and/or witnesses to the crime o Taping victim interviews/statements whenever possible o Writing detail-specific and comprehensive crime reports that can be effectively used in prosecution, court hearings, civil restraining order cases, child protection and custody hearings and conservatorships o Medical release and confidentiality information o Officer safety 2 631 Protocols for Sustainable Response The Huntington Beach Police Department will contact Interval House with each domestic violence call. Interval House domestic violence counselors will ensure an immediate response to victims of domestic violence referred by the Huntington Beach Police Department. The response may be to the scene, in person, or by phone 24 hours a day, as determined appropriate by law enforcement. Interval House domestic violence counselors will provide emotional support and crisis counseling, legal advocacy, social services assistance, and other support, as needed. Interval House and the Huntington Beach Police Department will work together to strengthen interagency accountability, protocols, resources, and cross-training to address the specialized needs of domestic violence victims. In the event of concern or conflict, The Huntington Beach Police Project Director and Interval House Supervisor will communicate the concerns and develop a resolution. Interval House and the Huntington Beach Police Department will work together to develop a long-term plan for sustaining effective domestic violence responses after the grant cycle has expired. Co-location The Huntington Beach Police investigators and Waymakers staff are co-located inthe HBPD Investigation Division, au the Interval House Domestic Violence Counselor is conveniently located nearby atthe Interval House business office and confidential shelter location so victims of domestic violence can meet them for shelter and support services in the community. Reasonable work space, interview rooms, and meeting rooms are available to all project partners at the Huntington Beach Police Department. Representatives from the Huntington Beach Police Department and Interval House will meet regularly through phone and scheduled face-to-face meetings. The frequency and duration of such meetings will be based on the needs of the program, but should occur at least quarterly to discuss strategies, effectiveness and the implementation of services. Reporting, Invoicing and Payment For January 1, 2024 to December 31, 2024, the Huntington Beach Police Department will subcontract to Interval House the amount of $23,591 (grant award funds) towards one full-time equivalent Domestic Violence Counselor dedicated to this program. The Cal OES LE Grant will fund approximately 27% of the cost and hterval House will fund the remaining 73% of cost from other funding sources. Interval House will submit to the Huntington Beach Police Department an invoice and functional time sheet, with source documentation, for services provided during the funded months. This documentation shall be submitted by the 15 th of every month for the previous month. 3 632 AMENDMENT NO. 3 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND WAYMAKERS FOR VICTIM AND WITNESS ASSISTANCE 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 Waymakers, a non-profit California Corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are patties to that certain agreement, dated January I, 2021, entitled "Professional Services Contract Between the City of Huntington Beach and Waymakers for Victim and Witness Assistance Services" which agreement shall hereinafter be referred to as the "Original Agreement"; and City and Consultant wish to amend the Original Agreement to extend the term and 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 which is attached hereto and incorporated by reference into this Agreement. City further agrees to pay Consultant an additional sum not to exceed One Hundred Sixteen Thousand Thirty Two Dollars ($116,032.00). The additional sum shall be added to the original sum of Three Hundred Forty One Thousand Eight Hundred Fifty Four Dollars ($341,854.00), for a new contract amount not to exceed Four Hundred Fifty Seven Thousand Eight Hundred Eighty Six Dollars ($457,886.00). 23-13801/324020 634 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-079 MEETING DATE:2/20/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Chau Vu, Director of Public Works PREPARED BY:Max Olin, Capital Projects Administrator Subject: Accept the lowest responsive and responsible bid and authorize execution of a construction contract with R.J. Noble Company in the amount of $4,044,900 for the Residential Zone 1 Street Maintenance Project, CC-1743 Statement of Issue: On January 9, 2024, bids were publicly opened for the Residential Zone 1 Street Maintenance Project. City Council action is requested to award the construction contract to R.J. Noble Company, the lowest responsive and responsible bidder. Financial Impact: The total cost of the project, including contingency and supplemental expenses, is $4,774,990. Sufficient funds are available in the current fiscal year budget in the Infrastructure Fund Account 31490022.82300 ($2,536,852),Gas Tax Account 20790061.82300 ($1,988,138), Water Fund Account 50685202.82100 ($150,000) and Sewer Fund Account 51185102.82600 ($100,000). Recommended Action: A) Accept the lowest responsive and responsible bid submitted by R.J. Noble Company in the amount of $4,044,900; 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, and direct staff accordingly. Analysis: This project will rehabilitate the pavement for approximately 60 residential street segments in Maintenance Zone 1, the first zone to be completed under the City’s 12-year Zone Maintenance City of Huntington Beach Printed on 2/14/2024Page 1 of 2 powered by Legistar™637 File #:24-079 MEETING DATE:2/20/2024 Program. Maintenance Zone 1 is generally bound by Yorktown Avenue to the north, Magnolia Street to the east, Pacific Coast Highway to the south, and Lake Street to the west. Work will include limited localized pavement repairs, crack sealing, cold milling, striping, and an asphalt overlay. Bids for this project were publicly opened on January 9, 2024, with the following results: BIDDER'S NAME BID AMOUNT R.J. Noble Company $4,044,900.00 All American Asphalt $4,225,250.00 Excel Paving $4,397,875.00 Hardy & Harper $4,477,000.00 R.J. Noble Company has provided acceptable experience on similar projects in the past. Therefore, staff recommends awarding a contract to R.J. Noble Company in the amount of $4,774,990, which includes the construction contract of $4,044,900, a ten percent (10%) construction contingency of $404,490, supplemental expenses of $75,600 for inspection,and $250,000 for survey monument preservation. The engineer’s estimate for this project was $4,700,000. Project Costs: Construction Contract $4,044,900 Construction Contingency (10%)$404,490 Soft Cost (Inspection, Survey Monument)$325,600 Total $4,774,990 Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Vicinity Map 2. PowerPoint Presentation City of Huntington Beach Printed on 2/14/2024Page 2 of 2 powered by Legistar™638 ~ <( u I u z z _J :::) a <( (/) ' z _J ,~ 0 i-: 0 -...:' c., (/) m _J <( ' BOLSA AVE. ~ McFADDEN AVE. i-: i-: (/) (/) EDINGER :::iE HEIL <( I <( 0::: c., 0::: a.. (/) (/) 0 0::: ~ 0 w i-: (/) z w Cl i-: (/) Cl 0:::: <( :r: I- C) AVE. 0 ::j AVE. m ERT c5 ELLIS AVE. C) AVE. PROJECT LOCATION OVERLAY CONSTRUCTION INCLUDES REPORTING DISTRICT'S (RD) 433, 442, 443, 452, 453, 462, 463, 464, 472, 473, and 474. ZONE 1 RESIDENTIAL OVERLAY PROJECT PROJECT LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS NTS 1 OF 1 639 Zone 1 Street Maintenance Project Zone 1 ■ t:; BOLSA g tii t; () EDIN GER ~ 1.1.1 HEIL -~'>·f-•::ej'j--~ ~ ~ ~fill!JLW;~""-'9--,--~--,-~ "-'.:....~-\_ CI TY OF H UNTINGTON B EA CH DEPARTME NT OF PU BLIC WORKS I 1 OF 1 640 Residential Zone Maintenance Program Residential Paving Phases within program • Tree Maintenance - Fall • Concrete Rehabilitation/ADA Ramps –Winter/Spring • Street Paving - Spring • Street Slurry Seal – Early Summer Zonel/2023-24 •zone2120Z4-25 Zone4l2026-Z7 •zone512027-28 •zone7/2029-30 •zonee/2030-31 Zone912031-32 •zonel0/2032-33 Zone1112033-34 •zone1212034-35 C> C> oc,tyBoondar, 0Hairbol'tChiW1neliJRM!r CJ Beach&$ -ReportingOistriclGrld~ ,.,..., -PublH;Streets OtherSlreeu v .. ,.0ept~Sourwj,,9 Malnten111Ce Zone Numben 0 C, 0 ~ .., Public Works Maintenance Zones City of Huntington Beach ~ w w t:: s 641 Zone 1 Street Maintenance Project •This project will rehabilitate the pavement for approximately 60 residential street segments in Maintenance Zone 1. Work will include limited localized pavement repairs, crack sealing, cold milling, striping, and an asphalt overlay. PROJECT LO CATION. MAl~CEZONC11NCUJDEREPOR11NC ~~T'~R0)433,443,«2,452, LEGEND -1,!»flUW-ICEZOl£I OOON~ ••••••RCOOONr».RY RE SIDE NTIA L OVERLA Y >---~c~c~-~1~7~4=3~P~R~O~J=E=C~T~L=O=C~A~T~IO~N~M~A~P ____ ~ CIT Y OF HUNTING TON BEACH ~ DEP ARTMEN T OF PUBU C WO RK S 1 OF 1 642 Zone 1 Residential Overlay Street Construction 643 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-094 MEETING DATE:2/20/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Chau Vu, Director of Public Works PREPARED BY:Max Olin, Capital Projects Administrator Subject: Accept the lowest responsive and responsible bid and authorize execution of a construction contract with Nobest, Inc. in the amount of $315,000 for the Residential Zone 1 Curb Ramp Project, CC-1742 Statement of Issue: On November 28, 2023, bids were publicly opened for the Residential Zone 1 Curb Ramp Project. City Council action is requested to award the construction contract to Nobest Inc., the lowest responsive and responsible bidder. Financial Impact: The total cost of the project, including contingency and supplemental expenses, is $388,900. Funds for this project are available in the current fiscal year budget in the Measure “M” Account 21390035.82300 ($261,402) and CDBG Account 23980358.82300 ($127,498). Recommended Action: A) Accept the lowest responsive and responsible bid submitted by Nobest Inc. in the amount of $315,000; 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, and direct staff accordingly. Analysis: The Residential Zone 1 Curb Ramp project consists of installing curb ramps predominately in Maintenance Zone 1 (Attachment 1) to facilitate ongoing compliance with the Americans with Disabilities Act (ADA). This project will occur in coordination with the City’s annual pavement City of Huntington Beach Printed on 2/14/2024Page 1 of 2 powered by Legistar™644 File #:24-094 MEETING DATE:2/20/2024 maintenance project in Zone 1 where 60 street segments that require rehabilitation will be overlaid with new asphalt. Bids were publicly opened on November 28, 2023, with the following results: BIDDER'S NAME BID AMOUNT Nobest Inc.$315,000.00 Garcon Construction $357,973.00 Addison-Miller Inc.$368,900.00 Aster Construction Services $376,900.00 Onyx Paving Company $396,000.00 Leonida Builders Inc $408,600.00 CT&T Concrete Paving Inc.$426,000.00 We R Builders, Inc.$440,250.00 ANEEN CONSTRUCTION, INC.$450,700.00 Gentry General Engineering, Inc.$756,130.00 TVR Construction Engineering LLC Non-Responsive Nobest Inc. has provided acceptable experience on similar projects in the past. Therefore, staff recommends awarding a contract to Nobest Inc. in the amount of $315,000. The total cost of the project is $388,900 and includes the construction contract of $315,000 plus ten percent (10%) construction contingency of $31,500and supplemental expenses of $42,400 for inspection and labor compliance. The engineer’s estimate for this project was $400,000. The total cost of the project, including contingency and supplemental expenses, is as follows: Project Costs: Construction Contract $315,000 Construction Contingency (10%)$31,500 Soft Cost (Inspection, labor compliance)$42,400 Total $388,900 Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Vicinity Map 2. PowerPoint Presentation City of Huntington Beach Printed on 2/14/2024Page 2 of 2 powered by Legistar™645 Zone 1 Residential Curb Ramp Project Zone 1 Zon~ I I t -/ I I I \ ' ' ,"' cJ {" ~·q,"f q~ <,· PROJECT LOCATION CM:Rl.,l,Y CONSTRUC TION INCLUDES -REPORTING DISTRICT'S (RO) <IJJ, «2. 443, 452, 453, 462 , 46J, 464, 472, 473, and 474 - ZO NE 1 RES IDENT IAL OVERLAY PRO JE CT I L-----:'."~P~R~O~JE~C~T~LO~C~A~T~IO~N~M;;:A~PrH ___ I ~ CITY OF HUNTINGTO N BE AC H DEP A RTME NT OF PUBLIC WORKS 1 OF 1 646 Residential Zone Maintenance Program Residential Paving Phases within program • Tree Maintenance - Fall • Concrete Rehabilitation/ADA Ramps/Sidewalks – Winter/Spring • Street Paving - Spring • Slurry Seal – Early Summer Zonel/2023-24 • Zone2/202-4-25 _J zone 312025-2B 3 Zone412026-27 • ZoneS/2027-28 _J zone61 2028-29 •Zone7/2029-30 -ZoneB /2030-31 □CityBoorJOary □ Harbor/C hannelstflive.- D Beaches ~ RepOlti-JgDistrictGrid lines -Zone 10 1 2032-33 Varklus()epthSoondngs I Zone 11 12033-34 Maintenance Zone Numbers •200012/2034-35 0 Public Works Maintenance Zones City of Huntington Beach 647 Zone 1 Residential Curb Ramp Project • This project consists of approx. 35 curb access ramps (comply with the American Disabilities Act - ADA). • Includes ramps for streets to be paved within zone 1 I ' I \ i J ' Q,#f,, ~'+' ..... Q,,t} ~- PROJECT I OCAT IQN -OYERl.,lirCONSlRUCllONINCLUO ~~~;~ ~!1~~4~~ l~? .•ti' 46<l.472,47J.and 474, ZONE 1 RESIDENTIAL OVERLAY PROJECT PROJECT LOCATIO N MAP ~ 1------------'-'-~----'---------I . CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 1 OF 1 648 Zone 1 Residential Curb Ramp Project Curb Ramp Construction Completed Curb Ramp 649 ~ <( u I u z z _J :::) a <( (/) ' z _J ,~ 0 i-: 0 -...:' c., (/) m _J <( ' BOLSA AVE. ~ McFADDEN AVE. i-: i-: (/) (/) EDINGER :::iE HEIL <( I <( 0::: c., 0::: a.. (/) (/) 0 0::: ~ 0 w i-: (/) z w Cl i-: (/) Cl 0:::: <( :r: I- C) AVE. 0 ::j AVE. m ERT c5 ELLIS AVE. C) AVE. PROJECT LOCATION OVERLAY CONSTRUCTION INCLUDES REPORTING DISTRICT'S (RD) 433, 442, 443, 452, 453, 462, 463, 464, 472, 473, and 474. ZONE 1 RESIDENTIAL OVERLAY PROJECT PROJECT LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS NTS 1 OF 1 650 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-124 MEETING DATE:2/20/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Chau Vu, Director of Public Works PREPARED BY:Bob Stachelski, Traffic and Transportation Manager Subject: Adopt Resolution No. 2024-07 approving the submittal of two applications to the Orange County Transportation Authority (OCTA) for grant funding for Special Event Shuttle Services and the HB Circuit Program Statement of Issue: Staff has prepared two applications to the Orange County Transportation Authority (OCTA) for grant funding for alternative transportation services. The proposed services - special events shuttle services and the HB Circuit Program - are eligible for partial funding under OCTA’s Community Based Transit/Circulators program. Per grant guidelines, the City Council must adopt Resolution No. 2024- 07 approving the submittal of the applications and the provision of a local match. City Council has directed staff that no General Fund monies will be used to fund the Circuit program. If a non-General Fund local match is not identified by Circuit or City staff before OCTA makes its final grant funding recommendations, the City will withdraw its application. Financial Impact: Annual local match funds required for the Special Event Shuttle Service are $8,000-12,000 in FY24/25, $16,000-30,000 for FY25/26, escalating to $19,000-35,000 in FY 30/31. Funding is available from Air Quality Management District Subvention funds for the anticipated annual City cost share of the Special Event Shuttle. The City receives about $250,000 annually; however, those funds are also used to purchase fleet vehicles that comply with California’s Clean Air Act zero and near-zero emission vehicle acquisition requirements. Allocation of funds from the AQMD Subvention funds would reduce the City’s ability to fund these statutory obligations. Annual match funds required for the HB Circuit program are estimated to be $314,000 in FY 2026/27, escalating annually up to $352,500 in FY 2030/31. Over the five years of the program, the estimated local match required is $1,665,000. City Council has directed staff that no General Fund monies will be used to fund the Circuit program.If a non-General Fund local match is not identified by Circuit or City staff before OCTA makes its final grant funding recommendations, the City will withdraw its City of Huntington Beach Printed on 2/14/2024Page 1 of 3 powered by Legistar™651 File #:24-124 MEETING DATE:2/20/2024 application. Recommended Action: Adopt Resolution No. 2024-07, “A Resolution of the City Council of the City of Huntington Beach Authorizing the Submittal of Two Project Applications: Special Event Shuttle Service and HB Circuit Rideshare Program to the Orange County Transportation Authority for Funding Under the Project V Community-Based Transit/Circulators Program”. Alternative Action(s): 1. Direct staff to modify the resolution to support only the submittal of the Special Event Shuttle Service project application and approve the revised Resolution; 2. Direct staff to modify the resolution to support only the submittal of the HB Circuit project application and approve the revised Resolution; 3. Do not approve the Resolution; therefore, submitting no grant applications to OCTA. Analysis: Staff identified two potential projects eligible under the current request for project submittals under the Community-Based Transit/Circulators Program. Preliminary applications have been submitted for both programs with the applications pending receipt of the Resolution from the City indicating the support and commitment for both projects. Special Event Shuttle Service (Traditional Services Category) The first project is a multi-year funding proposal (up to 7 years) of a Special Event Shuttle Service that would provide remote parking options for up to eight events annually (e.g. 4 th of July, U.S. Open of Surfing, Air Show, Concerts at the Beach). The City previously operated a similar service and the current submittal was based on this program. The shuttle would be free to patrons and provide access to remote free parking to help reduce impacts to parking near the various events. The grant application identified up to nine days of services for events. Overall annual costs would be dependent on the number of events when the services are provided and the level of use. The minimum annual local funding required is about $16,000 in the first full year of use (FY25/26) and could be as high as $35,000 if ridership is not sufficient to stay below the maximum cost per user value established by OCTA. Based on the amount of remote parking available (generally a maximum of several hundred spaces) and the practical number of buses that could be operated for various events, it is estimated that a maximum total number of people that could be moved daily for an event is about 4,000-6,000 people. Our largest events typically draw up to 100,000 spectators daily. The shuttle service would provide service to about three to seven percent of the overall estimated attendance at these events. Project Funding Summary Funding Year FY24/25 FY25/26 FY26/27 FY27/28 FY28/29 FY29/30 FY30/31 Funding Request$56,970 $109,470 $113,250 $117,750 $196,050 $128,100 $133,500 City Local Match$8,830 $16,330 $16,750 $17,250 $25,950 $18,400 $19,000 Project Annual Cost$65,800 $125,800 $130,000 $135,000 $222,000 $146,500 $152,500 Project Total Cost$977,600 City of Huntington Beach Printed on 2/14/2024Page 2 of 3 powered by Legistar™652 File #:24-124 MEETING DATE:2/20/2024 HB Circuit Service (On-Demand Services Category) The second project is a multi-year funding proposal (up to five years) to support the continuation of the current Circuit program. The City currently has sufficient funding to support fiscal years 2024/25 and 2025/26. The proposed application would provide funding beginning FY 2026/27. The program would continue the paid, on-demand service provided by Circuit within the downtown area. The program will continue to subsidize the cost of the service to patrons. The projected annual operating cost for FY 2026/27 is $628,000, with a required local match of $314,000 (50%). The 5-year estimated City contribution is $1,665,000 (excluding any fares collected). Proposed funding submitted is based on the minimum local match for this program which is 50% for on-demand services and the maximum annual OCTA funding allocation shown below: Project Funding Summary Funding Year FY24/25 FY25/26 FY26/27 FY27/28 FY28/29 FY29/30 FY30/31 Max Funding Request$0 $0 $314,000 $323,500 $332,500 $342,500 $352,500 City Local Match$0 $0 $314,000 $323,500 $332,500 $342,500 $352,500 Project Annual Cost$0 $0 $628,000 $647,000 $665,000 $685,000 $705,000 Project Total Cost$3,330,000 Environmental Status: This action is covered by the General Rule that the California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment (Section 15061.b.3 of the State CEQA Guidelines). It can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment. Therefore, this activity is not subject to CEQA. Strategic Plan Goal: Goal 6 - Infrastructure Investment, Strategy B - Explore additional sports and concert venues to bolster tourism and provide world class amenities for community members. The proposed services would directly support events that would bolster tourism and improve amenities offered to the public attending the events. For details, visit www.huntingtonbeachca.gov/strategicplan <http://www.huntingtonbeachca.gov/strategicplan>. Attachment(s): 1. Resolution No. 2024-07 by the City Council approving the submittal of two project applications under the Community-Based Transit/Circulations Program 2.Project V Council Resolution Presentation City of Huntington Beach Printed on 2/14/2024Page 3 of 3 powered by Legistar™653 RESOLUTION NO. 2024-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE SUBMITTAL OF TWO PROJECT APPLICATIONS: SPECIAL EVENT SHUTTLE SERVICE AND HB CIRCUIT RIDESHARE PROGRAM TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE PROJECT V COMMUNITY-BASED TRANSIT/CIRCULATORS PROGRAM WHEREAS, the Orange County Transportation Authority Community-Based Transit/Circulators program (Project V under Measure M2) establishes a competitive funding program to enable local jurisdictions to develop, test and provide community-based local transit services that complement regional transit services and meets the needs in areas not adequately serviced by regional transit; and WHEREAS, the Orange County Transportation Authority intends to allocate Project V funds to the incorporated cities and the County of Orange, as applicable; and WHEREAS, the Orange County Transportation Authority has established the procedures and criteria for selecting projects for funding through a competitive process as identified in the Comprehensive Transportation Funding Program (CTFP) Project V Guidelines; and WHEREAS, the City of Huntington Beach desires to provide local community based transit services; and WHEREAS, the City of Huntington Beach authorizes the nomination of the Special Event Shuttle Service and HB Circuit Rideshare Program, including all understanding and assurances contained therein; and WHEREAS, the City of Huntington Beach has been declared by the Orange County Transp01iation Authority to meet the eligibility requirements to receive Measure M2 funds, including Project V funds; and WHEREAS, the City of Huntington Beach must include all projects funded by Net Revenues in the seven-year Capital Improvement Program as part of the Measure M2 funds, including Project V funds; and WHEREAS, the City of Huntington Beach authorizes a formal amendment to the seven- year Capital Improvement Program to add projects approved for funding upon approval from the Orange County Transportation Authority Board of Directors; and WHEREAS, the City of Huntington Beach Circulation Element is consistent with the County of Orange Master Plan of A1ierial Highways; and WHEREAS, the City of Huntington Beach will comply where applicable with provisions of the Americans and Disabilities Act, and any other federal, state, and/or local laws, rules and/or regulations; and 24-14096/331454 654 RESOLUTION NO. 2024-07 WHEREAS, the City of Huntington Beach will consult with Orange County Transportation Authority regarding the need for ADA/paratransit services and/or plan prior to starting operations; and WHEREAS, the City of Huntington Beach will provide a minimum of 13% in matching funds for the Special Event Shuttle Service and 50% in matching funds for the HB Circuit Rideshare Program, excluding non-Project V subsidies or net fares co llected, as required by the Project V CTFP Guidelines and shall fund its share of the project costs and any additional costs over the identified programmed amount; and WHEREAS, the City of Huntington Beach will not use Measure M funds to supplant Developer Fees or other commitments; and WHEREAS, the City of Huntington Beach will give the Orange County Transportation Authority's representative access to and the right to examine all data, records, books, papers or documents related to the Project(s). NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: SECTION 1. Authorizes the Deputy Director of Public Works as the official representative of the City of Huntington Beach to submit an application for the Orange County Transportation Authority Project V Community-Based Transit/Circulators Program through the Comprehe nsive Transportation Funding Program (CTFP). SECTION 2. The City of Huntington Beach agrees that funds received from the Orange County Transp01tation Authority pursuant to this Resolution shall be matched by funds from the City of Huntington Beach as required and shall be used as supplemental funding to aid the City of Huntington Beach in the implementation of the proposed transit service. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 20th day of Februa1y, 2024. Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City Manager City Attorney INITIATED AND APPROVED: ~~~ Directfu?6f Public Works 2 655 Community Based Transit/Circulator Project Funding Application February 20, 2024 656 Special Events Shuttle Service ~ --~ --~---=--=-=--~~-=--~ ---=-= -==--=---_ ...:=----·- --..... --~ ----------=--~ --~ _---____,_ 657 Grant Application #1 • Program would provide scalable shuttle service for up to 8 events over a total of 9 days throughout the year • Shuttle service from remote parking to event and back • Total 7-year estimated program costs - $977,600 • Grant funding total request - $855,090 • Local Match requirement - $122,500 - $213,830 total ($16,000 -$35,000 annually) • Funding Source – AQMD Subvention Fund • Reduces funding available for other uses of AQMD funds • Service likely to serve 3-7% of event attendees 658 HB Circuit Service ~ --~ --~---=--=-=--~~-=--~ ---=-= -==--=---_ ...:=----·- --..... --~ ----------=--~ --~ _---____,_ 659 Grant Application #2 • Program supports continued funding for current on- demand low speed electric vehicle transportation • Limited service area near downtown (Beach Blvd- Goldenwest; PCH to Yorktown) • Provides funding from FY26/27-FY30/31 • Currently funded thru FY 25/26 • Significant local matching funds - $314,000+/yr • Matching Fund Source – TBD 660 Recommended Action • Approve Resolution for both projects, affirming commitment to fund local match and other requirements • Alternative 1: Approve only submittal of Special Event Shuttle Service application, including funding and other requirements • Alternative 2: Approve only submittal of HB Circuit application, including funding and other requirements • Alternative 3: Decline approval of Resolution and direct staff to rescind grant applications 661 Questions? 662 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-127 MEETING DATE:2/20/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Chau Vu, Director of Public Works PREPARED BY:Jonathan Claudio, Senior Civil Engineer Subject: Adopt Resolution No. 2024-05 certifying that the City has the resources to implement the projects to be included in the FY 2024/25 - FY 2029/30 Federal Transportation Improvement Program (FTIP) as required by the Orange County Transportation Authority (OCTA) Statement of Issue: The Orange County Transportation Authority (OCTA) requires the submittal of a resolution certifying that the City has the resources to implement the projects to be included in the Federal Transportation Improvement Program (FTIP). Financial Impact: There is no fiscal impact. Recommended Action: Adopt Resolution No. 2024-05, “A Resolution of the City Council of the City of Huntington Beach Certifying that the City has the Resources to Fund the Projects in the FY 2024/25 - 2029/30 Transportation Improvement Program and Affirms its Commitment to Implement All Projects in the Program.” Alternative Action(s): Do not adopt the resolution, and do not receive FTIP funding through OCTA. Analysis: The City Council has committed local funding, in the past, to match federally funded grants through the Federal Transportation Improvement Program (FTIP), which is a database that includes projects that are programmed with state and federal funds as well as projects of regional significance. The following is a list of the City’s both recently completed projects and future planned projects that are currently included in the FTIP: City of Huntington Beach Printed on 2/14/2024Page 1 of 2 powered by Legistar™663 File #:24-127 MEETING DATE:2/20/2024 1. Utica Avenue Bicycle Boulevard (Construction completed in FY 23/24) 2. Saybrook Lane Rehabilitation (Construction completed in FY 23/24) 3. Admiralty Drive Bridge Rehabilitation (Construction to begin by March 2024) 4. Humboldt Drive Bridge Rehabilitation (Construction tentatively scheduled for September 2025) 5. Davenport Drive Bridge Preventive Maintenance (Currently in design) 6. Gilbert Drive Bridge Preventive Maintenance (Requesting federal funds for design and construction) 7. Banning Avenue Roundabout & Southeast Corridors Complete Streets Improvements (Requesting grant funding for design and construction) 8. Magnolia Street Corridor Complete Streets Improvements (Requesting grant funding for design and construction) 9. Hamilton Avenue Corridor Complete Streets Improvements (Requesting grant funding for design and construction) In order for the City to maintain eligibility to receive federal grant funds for these projects, OCTA, which administers the programming of these grant funds, is requiring that all Orange County agencies have their respective council or board approve a resolution reaffirming that it has the resources to fund the projects submitted for inclusion in the FTIP. Public Works Commission Action: Not required for this action. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Resolution No. 2024-05, “A Resolution of the City Council of the City of Huntington Beach Certifying that the City has the Resources to Fund the Projects in the FY 2024/25 - 2029/30 Transportation Improvement Program and Affirms its Commitment to Implement All Projects in the Program.” 2. PowerPoint Presentation City of Huntington Beach Printed on 2/14/2024Page 2 of 2 powered by Legistar™664 Resolution for Projects included in the Federal Transportation Improvement Program (FTIP) February 20, 2024 Council Meeting 666 Background •Federal Transportation Improvement Program (FTIP) • Database that programs funding for all State and Federal Funded transportation projects as well as projects of regional significance. •Orange County Transportation Authority (OCTA) • Regional Transportation Planning Agency • Assists local agencies in the programming of their grant funded projects into the FTIP •Resolution No. 2024-05 • In order for the City to remain eligible to receive the grant funding for the projects included in the FTIP, OCTA is requiring that all Orange County agencies have their respective Council or Board approve a resolution reaffirming that it has the resources to fund the projects submitted for inclusion in the FTIP. 667 City Projects included in FTIP •Utica Ave. Bicycle Boulevard (Construction completed in FY 23/24) •Saybrook Ln. Rehabilitation (Construction completed in FY 23/24) •Admiralty Dr. Bridge Rehabilitation (Construction to begin by March 2024) •Humboldt Dr. Bridge Rehabilitation (Requesting federal funds for construction; Construction tentatively scheduled to begin in September 2025) •Davenport Dr. Bridge Preventive Maintenance (Currently in design) •Gilbert Dr. Bridge Preventive Maintenance (Requesting federal funds for design and construction) •Banning Ave. Roundabout (Requesting grant funds for design and construction) •Magnolia St. Corridor (Requesting grant funds for design and construction) •Hamilton Ave. Corridor (Requesting grant funds for design and construction) 668 Questions? 669 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:24-143 MEETING DATE:2/20/2024 Item Submitted by Council Member Moser - Request for Transparency and Detailed Reporting on the Implementation of Resolution 2023-41 Regarding Library Material Accessibility I request City staff to prepare and present a comprehensive report on the various aspects related to the implementation of Resolution 2023-41. This includes criteria for material assessment and relocation; list of relocated materials; newly acquired materials; library access changes; community engagement and feedback process; digital assets; and clarification on youth re-carding process. This report is requested to be prepared and presented at the next available City Council meeting. In the interim, staff is also asked to make (1) the criteria for assessment and re-location; and (2) the list of relocated books and materials available to the public as soon as possible (available at each library location and via the library website) to ensure ongoing transparency and community engagement. City of Huntington Beach Printed on 2/14/2024Page 1 of 1 powered by Legistar™670 CI T Y O F H U N T I N G T O N B E A C H CI T Y C O U N C I L M E E T I N G – CO U N C I L M E M B E R I T E M S R E P O R T TO : CI T Y C O U N C I L FR O M : NA T A L I E M O S E R , CI T Y CO U N C I L M E M B E R DA T E : FE B R U A R Y 20 , 2 0 2 4 SU B J E C T : RE Q U E S T F O R T R A N S P A R E N C Y A N D D E T A I L E D R E P O R T I N G O N T H E I M P L E M E N T A T I O N O F RE S O L U T I O N 20 2 3 -41 R E G A R D I N G L I B R A R Y M A T E R I A L A C C E S S I B I L I T Y BAC K G R O U N D Fo l l o w i n g t h e e n a c t m e n t o f R e s o l u t i o n 2 0 2 3 -41 b y t h e Ci t y C o u n c i l (4 -3; Bo l t o n , M o s e r , K a l m i c k vo t i n g N o ) on O c t o b e r 1 7 , 2 0 2 3 , s i g n i f i c a n t c h a n g e s h a v e b e e n m a d e t o t h e a c c e s s i b i l i t y o f l i b r a r y m a t e r i a l s b a s e d o n wh e t h e r t h e ma t e r i a l s c o n t a i n “ co n t e n t o f se x u a l na t u r e .” As I u n d e r s t a n d , th e c h a n g e s in c l u d e t h e re l o c a t i o n o f c e r t a i n m a t e r i a l s fr o m t h e C h i l d r e n ’ s s e c t i o n a n d t h e T e e n s e c t i o n to a n ” ad u l t -on l y ” se c t i o n , an d t h e r e q u i r e m e n t f o r p a r e n t a l c o n s e n t f o r m i n o r s u n d e r t h e a g e o f 1 8 t o a c c e s s t h e s e m a t e r i a l s . Ad d i t i o n a l l y , t h e r e o r g a n i z a t i o n h a s l e d t o t h e r e m o v a l o f s i g n a g e f o r s p e c i f i c l i b r a r y a r e a s , n o t a b l y t h e Te e n C e n t r a l a r e a , a n d t h e i n t r o d u c t i o n o f n e w g u i d e l i n e s f o r l i b r a r y a c c e s s b a s e d o n a g e a n d c a r d t y p e . RA T I ON A L E Th e i m p l e m e n t a t i o n o f R e s o l u t i o n 2 0 2 3 -41 h a s r a i s e d c o n c e r n s a m o n g c o m m u n i t y m e m b e r s r e g a r d i n g ac c e s s t o l i b r a r y m a t e r i a l s a n d t h e c r i t e r i a u s e d f o r r e s t r i c t i n g s u c h a c c e s s . P r o v i d i n g c l e a r , t r a n s p a r e n t in f o r m a t i o n a n d e n g a g i n g w i t h t h e c o m m u n i t y o n th e s e c h a n g e s i s e s s e n t i a l t o u p h o l d t h e p u b l i c ' s t r u s t an d e n s u r e t h a t t h e l i b r a r y r e m a i n s a w e l c o m i n g , i n c l u s i v e s p a c e f o r a l l u s e r s . RE Q U E S T : I r e q u e s t t h e c i t y s t a f f t o p r e p a r e a n d p r e s e n t a c o m p r e h e n s i v e r e p o r t o n t h e f o l l o w i n g a s p e c t s r e l a t e d t o th e i m p l e m e n t a t i o n o f R e s o l u t i o n 2 0 2 3 -41 : 1. Cr i t e r i a f o r M a t e r i a l A s s e s s m e n t a n d R e l o c a t i o n : A d e t a i l e d e x p l a n a t i o n o f t h e s p e c i f i c c r i t e r i a u s e d t o d e t e r m i n e w h e t h e r a b o o k o r m a t e r i a l c o n t a i n s "c o n t e n t o f s e x u a l n a t u r e " a s d e f i n e d b y R e s o l u t i o n 2 0 2 3 -41 . Th i s s h o u l d i n c l u d e e x a m p l e s o f c o n t e n t th a t l e d t o t h e r e l o c a t i o n o f m a t e r i a l s t o t h e a d u l t s e c t i o n . 2. Li s t o f R e l o c a t e d M a t e r i a l s : A tr a n s p a r e n t , a c c e s s i b l e , a n d r e a d i l y a v a i l a b l e l i s t o f a l l b o o k s a n d m a t e r i a l s t h a t h a v e b e e n m o v e d t o co m p l y w i t h th e r e s ol u t i o n . T h e l i s t s h o u l d d e t a i l t h e s p e c i f i c po r t i o n (s ) of a b o o k o r m a t e r i a l th a t tr i g g e r e d e a c h r e l o c a t i o n (e . g . p a g e # ) , w h i c h o f t h e a b o v e c r i t e r i a a p p l i e d , th e d a t e w h e n e a c h re s h e l v i n g o c c u r r e d , a n d th e q u a n t i t y o f a bo o k o r m a t e r i a l t h a t w a s r e s h e l v ed . 3. Ne w l y Ac q u i r e d M a t e r i a l s : A d e s c r i p t i o n o f h o w b o o k s a n d m a t e r i a l s co m i n g i n t o t h e l i b r a r y ’ s c o l l e c t i o n w i l l b e a s s e s s e d , w h e r e th e b o o k s a n d m a t e r i a l s w i l l r e s i d e wh i l e a w a i t i n g a s s e s s m e n t , a n d w h e r e s u c h b o o k s a n d m a t e ri a l s wi l l b e l o c a t e d t o co m p l y w i t h Re s o l u t i o n 2 0 2 3 -41 . mn ~ 671 CI T Y O F H U N T I N G T O N B E A C H CI T Y C O U N C I L M E E T I N G – CO U N C I L M E M B E R I T E M S R E P O R T 4. Li b r a r y A c c e s s C h a n g e s : Cl ar i f i c a t i o n o n t h e p h y s i c a l c h a n g e s m a d e t o l i b r a r y a r e a s , p a r t i c u l a r l y r e g a r d i n g a c c e s s f o r t e e n s a n d yo u n g a d u l t s . T h i s s h o u l d i n c l u d e a n e x p l a n a t i o n o f t h e e n f o r c e m e n t m e c h a n i s m s f o r t h e n e w ac c e s s ru l e s b a s e d o n a g e , c a r d t y p e , a n d g u a r d i a n p r e s e n c e . 5. Co m m u n i t y E n g a g e m e n t a n d F e e d b a c k P r o c e s s : De s c r i p t i o n o f t h e p r o c e s s f o r c o m m u n i t y m e m b e r s t o p r o v i d e f e e d b a c k o r c o n t e s t t h e r e l o c a t i o n o f sp e c i f i c m a t e r i a l s , i n c l u d i n g t h e s t e p s f o r c o m p l e t i n g a M a t e r i a l E v a l u a t i o n F o r m a n d t h e r e v i e w pr o c e s s . 6. Di g i t a l A s s e t s Th e r e h a s b e e n a l m o s t n o d i s c u s s i o n o f h o w t h i s p r o c e s s w o r k s w i t h r e g a r d t o d i g i t a l a s s e t s t h e l i b r a r y of f e r s o u r r e s i d e n t s . P r o v i d e a d i s c u s s i o n o f h o w n e w “ Y o u t h ” c a r d s w i l l b e a b l e t o ac c e s s t h e re s o u r c e s p r o v i d e d o n l i n e . 7. Cl a r i f i c a t i o n o n Y o u t h R e -ca r d i n g P r o c e s s : In l i g h t o f t h e c h a n g e s i n t r o d u c e d b y R e s o l u t i o n 2 0 2 3 -41 , t h e r e i s a s i g n i f i c a n t n e e d f o r a c l e a r un d e r s t a n d i n g o f t h e n e w y o u t h r e -ca r d i n g p r o c e s s , w h i c h w i l l a f f e c t y o u t h li b r a r y c a r d h o l d e r s a n d th e i r p a r e n t s / g u a r d i a n s . Th i s se c t i o n o f t h e r e p o r t s h o u l d c o v e r : a. Re -ca r d in g P r o c e d u r e : A d e t a i l e d o v e r v i e w o f t h e p r o c e s s f o r t r a n s i t i o n i n g c u r r e n t y o u t h l i b r a r y c a r d h o l d e r s t o th e n e w ca r d s y s t e m , i n c l u d i n g a n y s t e p s t h a t n e e d t o b e c o m p l e t e d b y p a r e n t s o r g u a r d i a n s . T h i s s h o u l d sp e c i f y w h e t h e r t h e p r o c e s s c a n b e i n i t i a t e d b y a n y p a r e n t / g u a r d i a n o r m u s t b e c o n d u c t e d b y t h e in d i v i d u a l w h o o r i g i n a l l y s i g n e d t h e y o u t h u p f o r l i b r a r y a c c e s s . b. In -Pe r s o n R e q u i r e m e n t s a n d A l t e r n a t i ve s : Cl a r i f i c a t i o n o n w h e t h e r t h e r e -ca r d i n g p r o c e s s m u s t b e c o m p l e t e d i n p e r s o n a t l i b r a r y f a c i l i t i e s an d , i f s o , w h a t a l t e r n a t i v e s e x i s t f o r p a r e n t s o r g u a r d i a n s w h o a r e u n a b l e t o c o m p l y w i t h i n - pe r s o n r e q u i r e m e n t s (f o r e x a m p l e , d u e t o l o g i s t i c a l c o n s t r a i n t s o r h e a l t h c o n c e r n s ). c. Di s p u t e R e s o l u t i o n : Gu i d e l i n e s o n h o w d i s a g r e e m e n t s b e t w e e n p a r e n t s o r g u a r d i a n s r e g a r d i n g t h e a p p r o p r i a t e c a r d ty p e f o r t h e i r c h i l d w i l l b e r e s o l v e d b y l i b r a r y s t a f f . T h i s i n c l u d e s s c e n a r i o s w h e r e p a r e n t s m a y ha v e d i f f e r i n g v i e w s on t h e a c c e s s i b i l i t y o f c e r t a i n m a t e r i a l s f o r t h e i r c h i l d r e n . d. Im p a c t o n L i b r a r y R e s o u r c e s a n d S e r v i c e s : An a s s e s s m e n t o f h o w t h e r e -ca r d i n g p r o c e s s a n d t h e a s s o c i a t e d c h a n g e s i n l i b r a r y a c c e s s w i l l im p a c t l i b r a r y r e s o u r c e s a n d s e r v i c e s . T h i s s h o u l d c o n s i d e r b o t h t h e l o g i s t i c a l a s p e c t s o f im p l e m e n t i n g t h e r e -ca r d i n g p r o c e s s a n d t h e b r o a d e r i m p l i c a t i o n s f o r l i b r a r y s e r v i c e s a v a i l a b l e to yo u t h i n t h e c o m m u n i t y . mn ~ 672 CI T Y O F H U N T I N G T O N B E A C H CI T Y C O U N C I L M E E T I N G – CO U N C I L M E M B E R I T E M S R E P O R T TI M I N G Th i s r e p o r t i s r e q u e s t e d t o b e p r e p a r e d a n d p r e s e n t e d a t t h e n e x t a v a i l a b l e C i t y C o u n c i l me e t i n g . I n t h e in t e r i m , s t a f f i s a l s o a s k e d t o m a k e (1 ) th e cr i t e r i a f o r a s s e s s m e n t an d r e -lo c a t i o n ; a n d ( 2 ) th e li s t o f re l o c a t e d b o o k s a n d m a t e r i a l s a v a i l a b l e t o t h e p u b l i c a s s o o n a s p o s s i b l e ( a v a i l a b l e a t e a c h l i b r a r y l o c a t i o n an d v i a t h e l i b r a r y we b s i t e ) t o e n s u r e o n g o i n g t r a n s p a r e n c y a n d c o m m u n i t y e n g a g e m e n t . En v i r o n m e n t a l S t a t u s : Th i s a c t i o n i s n o t s u b j e c t t o t h e C a l i f o r n i a E n v i r o n m e n t a l Q u a l i t y A c t ( C E Q A ) p u r s u a n t t o S e c t i o n s 1 5 0 6 0 ( c ) ( 2 ) (t h e a c t i v i t y w i l l n o t r e s u l t i n a d i r e c t o r r e a s o n a b l y f o r e s e e a b l e i n d i r e c t p h y s i c a l c h a n g e i n t h e en v i r o n m e n t ) an d 1 5 0 6 0 ( c ) ( 3 ) ( t h e a c t i v i t y i s n o t a p r o j e c t a s d e f i n e d i n S e c t i o n 1 5 3 7 8 ) o f t h e C E Q A G u i d e l i n e s , C a l i f o r n i a Co d e o f R e g u l a t i o n s , T i t l e 1 4 , C h a p t e r 3 , b e c a u s e i t h a s n o p o t e n t i a l f o r r e s u l t i n g i n p h y s i c a l c h a n g e t o t h e en v i r o n m e n t , d i r e c t l y o r i n d i r e c t l y . St r a t e g i c P l a n G o a l : No n A p p l i c a b l e - Ad m i n i s t r a t i v e I t e m mn ~ 673