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HomeMy WebLinkAbout2025-04-01 Agenda PacketIN-PERSON PUBLIC PARTICIPATION: Members of the public are welcome to attend City Council meetings in person. Alternate ways to view meetings live or on -demand include: livestreamed on HBTV Channel 3 (replayed on Wednesday at 10:00 a.m. and Thursday at 6:00 p.m.); live and archived meetings for on -demand viewing accessed from https://huntingtonbeach.legistar.com/calendar , https://bit.ly/SurfCityTV, or the City's YouTube Channel at https://www.youtube.com/cityofhb , or from any Roku, Fire TV or Apple device by downloading the Cablecast Screenweave App and searching for the City of Huntington Beach channel. PRESENTATION MATERIAL: Due to updates to City Council venue, digital presentations or videos will no longer be displayed at City Council meetings as part of public comment. To present images or materials to the City Council, please bring nine paper copies to the City Council meeting. Paper copies will be distributed to City Council Members at the meeting and will be made part of the public record. Please be advised that the rules concerning decorum, including the prohibition on members of the audience and speakers wearing or displaying signs or materials that obstruct the view of other audience members, remain in effect at the Library location. Signs shall remain with the holder and shall not be placed in the adjacent seats or in common areas. 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. Sign-ups to Request to Speak will begin in person 30 minutes prior to the start of Study Session, Closed Session, or Regular City Council Meeting, whichever comes first. Sign-ups will be accepted until the commencement of the public comment period. 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, April 1, 2025 4:00 PM - Closed Session 6:00 PM - Regular Meeting Central Library - Lower Level Theater 7111 Talbert Avenue Huntington Beach, CA 92648 MAYOR AND CITY COUNCIL PAT BURNS, Mayor CASEY MCKEON, Mayor Pro Tem ANDREW GRUEL, Councilman DON KENNEDY, Councilman BUTCH TWINING, Councilman GRACEY VAN DER MARK, Council Woman CHAD WILLIAMS, Councilman STAFF TRAVIS HOPKINS, City Manager MIKE VIGLIOTTA, City Attorney LISA LANE BARNES, City Clerk ALISA BACKSTROM, City Treasurer AGENDA April 1, 2025City Council/Public Financing Authority 4:00 PM - CENTRAL LIBRARY LOWER LEVEL THEATER CALL TO ORDER ROLL CALL Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, Williams 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 25-2501.CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Director of Human Resources; Mike Vigliotta, City Attorney and Robert Torrez, Interim Chief Financial Officer. Employee Organization: Huntington Beach Municipal Teamsters (HBMT). 25-2512.CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Director of Human Resources; Mike Vigliotta, City Attorney and Robert Torrez, Interim Chief Financial Officer. Employee Organization: Management Employees' Organization (MEO). 25-2523.CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Page 1 of 7 AGENDA April 1, 2025City Council/Public Financing Authority Manager; also in attendance: Marissa Sur, Director of Human Resources; Mike Vigliotta, City Attorney and Robert Torrez, Interim Chief Financial Officer. Employee Organization: Marine Safety Management Association (MSMA). 25-2534.CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Director of Human Resources; Mike Vigliotta, City Attorney and Robert Torrez, Interim Chief Financial Officer. Employee Organization: Surf City Lifeguard Employees’ Association (SCLEA). 25-2585.CONFERENCE WITH LEGAL COUNSEL-LITIGATION (Gov. Code section 54956.9(d)(4).): Number of matters: One (1). 25-2466.THREAT TO PUBLIC SERVICES OR FACILITIES (Gov. Code section 54957(a).) Consultation with Chief of Police, Huntington Beach Police Department. 6:00 PM – CENTRAL LIBRARY LOWER LEVEL THEATER RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING ROLL CALL Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, Williams 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. 25-2577.Huntington Beach Fire and Police Chaplain Roger Wing PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT BY CITY ATTORNEY CITY COUNCIL MEMBER COMMENTS (2-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. Page 2 of 7 AGENDA April 1, 2025City Council/Public Financing Authority ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS (3-Minute Time Limit) At this time, the City Council will receive comments from members of the public regarding any topic, including items on the open session agenda. Individuals wishing to provide a comment may do so in person by filling out a Request to Speak form delivered to the City Clerk. All speakers are encouraged, but not required to identify themselves by name. Each speaker may have up to 3 minutes unless the volume of speakers warrants reducing the time allowance. Please note that the Brown Act does not allow discussion or action on topics that are not on the agenda. Members of the public who would like to speak directly with a Councilmember on an item not on the agenda may consider scheduling an appointment by contacting the City Council's Administrative Assistant at (714) 536-5553 or emailing the entire City Council at city.council@surfcity-hb.org. While the City Council welcomes public involvement and supports and defends free speech, the City Council rejects comments from anyone that are discriminatory, defamatory or otherwise not protected free speech. Those comments will not inform nor be considered by the City Council and may be cause for the Mayor to interrupt the public speaker. Such public comments will not be consented to or otherwise adopted by the City Council in its discussions and findings for any matter tonight. COUNCIL COMMITTEE APPOINTMENT ANNOUNCEMENTS Councilmembers may make brief announcements on any appointments made to a board, committee, or commission. Councilmembers may not discuss or take any action on these announcements. Announcements are limited to 1 minute. AB 1234 REPORTING Per AB 1234 (Government Code Section 53232.3(d)) Councilmembers who attend a meeting, conference, or similar event at the expense of the City must provide a brief report of the meeting, conference, or similar event during the next regular City Council meeting. Reports are limited to 1 minute. OPENNESS IN NEGOTIATION DISCLOSURES Councilmembers must publicly disclose any meetings or communications with City employee associations, related to the negotiations of labor agreements. Disclosures are limited to 1 minute and must be made by the next regular City Council Meeting. CITY MANAGER'S REPORT 25-1688.Department Services and Budget Overview CONSENT CALENDAR (Items 9 - 14) Page 3 of 7 AGENDA April 1, 2025City Council/Public Financing Authority City Clerk 25-1739.Approve and Adopt Minutes Approve and adopt the City Council/Public Financing Authority regular meeting minutes of March 18, 2025. Recommended Action: Community Development 25-22510.Adopt Resolution No. 2025-19 declaring weeds and rubbish a public nuisance and scheduling a Public Hearing on May 6, 2025, at 6:00 p.m. to hear protests and objections to the abatement Adopt Resolution No. 2025-19, “A Resolution of the City Council of the City of Huntington Beach Finding and Declaring That Certain Weeds Growing in the City, and Rubbish and Refuse Deposited on Public Ways and Private Property are a Public Nuisance; and Fixing the Time for Hearing Protests and Objections to the Abatement Thereof.” Recommended Action: Police 25-16111.Approve and Accept the California Office of Emergency Services (Cal OES) Violence Against Women Act, Law Enforcement Specialized Units Grant (LE24026601) and approve a three-year contract with Waymakers for management of the Victim and Witness Assistance Services Program A)Accept the Law Enforcement Specialized Units grant between the State of California Governor’s Office of Emergency Services (Cal OES) and the City of Huntington Beach in the amount of $203,142; B)Assign authority to the Chief of Police as the official to execute and sign for the award and to approve appropriations, amendments, and extensions; C)Approve the appropriation and expenditure of $270,856 of which $203,142 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)Authorize the Mayor and City Clerk execute an Agreement between the City of Huntington Beach and Waymakers for Victim and Witness Assistance Services Program in the amount of $116,031 . Recommended Action: 25-16212.Approve contract for street sweeping enforcement with Universal Page 4 of 7 AGENDA April 1, 2025City Council/Public Financing Authority Protection Services, LP, DBA Allied Universal Security Services Approve and authorize the Mayor and City Clerk to execute the "Service Agreement Between the City of Huntington Beach and Universal Protection Services, LP OBA Allied Universal Security for Street Sweeping Enforcement Services" in an amount not to exceed $1,392,752.79 over a three-year term . Recommended Action: Public Works 25-21813.Approve and authorize execution of a Reinstatement and Third Amendment to Site Access Agreement Between the City and Chevron Environmental Management Company to conduct environmental work at APN: 159-031-16. Approve and authorize the Mayor and City Clerk to execute the Reinstatement and Third Amendment to Site Access Agreement between the City of Huntington Beach and Chevron Environmental Management Company (EMC). Recommended Action: City Treasurer 25-20714.Approve and authorize execution of a contract with Data Ticket, Inc., for the provision of Parking and Administrative Citation processing and Parking Permit Services (A)Approve and authorize the Mayor and City Clerk to execute “Service Agreement Between the City of Huntington Beach and Data Ticket, Inc. For Citation Processing and Parking Permit Solution Services” in an amount not to exceed $1,950,000 for a 3-year term with two additional one-year extensions; and (B) Authorize the City Manager to execute all documents in furtherance of this Agreement. Recommended Action: PUBLIC HEARING For the benefit of the public, prior to a public hearing item, each member of the City Council will disclose any ex parte communications they may have had pertaining to the item. In simple terms, public hearings are quasi -judicial proceedings and the information used by the City Council to make its decisions should be limited to that which is obtained during the public hearing. Ex parte communications, then, means any information obtained outside of a public hearing. In such public hearing proceedings, the City Council must uphold constitutional and statutory due process rights of present and non-present parties by disclosing ex parte communications. Ex parte communications include oral and written information, as well as visual or auditory information obtained during a site visit. Individuals wishing to provide a comment on an item scheduled for Public Hearing may do so in person by filling out a Request to Speak form delivered to the City Clerk. All speakers are Page 5 of 7 AGENDA April 1, 2025City Council/Public Financing Authority 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. 25-24215.Approve Zoning Text Amendment No. 25-001 (Smoke/Tobacco Shop Regulations) by approving for the introduction of Ordinance Nos. 4331, 4332, 4333, and 4334 continued from the March 18, 2025, City Council Meeting A)Find Zoning Text Amendment No. 25-001 exempt from the California Environmental Quality Act (CEQA) pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the zoning ordinance that does not change the development standards intensity or density; and, B)Approve Zoning Text Amendment No. 25-001 with findings (Attachment No. 1) and approve for introduction: 1.Ordinance No. 4331, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 204 Use Classifications of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 25-001)”; (Attachment No. 2) 2.Ordinance No. 4334, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 211 C Commercial Districts of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 25-001)”; (Attachment No. 3) 3.Ordinance No. 4333, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 212 I Industrial Districts of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 25-001)”; (Attachment No. 4) 4.Ordinance No. 4332, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 230 Site Standards of the Huntington Beach Zoning Code and Subdivision Ordinance (Zoning Text Amendment No. 25-001)”; (Attachment No. 5) Recommended Action: COUNCIL MEMBER ITEMS 25-24816.Item Submitted by Mayor Pro Tem Casey McKeon and Mayor Pat Burns - Contracts - Milestone Payment Policy Direct staff to create a milestone payment policy. Recommended Action: CITY COUNCIL MEMBER REQUESTS ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, April 15, 2025, at the Central Library, 7111 Talbert Ave, Huntington Beach, California 92648. Page 6 of 7 AGENDA April 1, 2025City 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 7 of 7 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-250 MEETING DATE:4/1/2025 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Director of Human Resources; Mike Vigliotta, City Attorney and Robert Torrez, Interim Chief Financial Officer. Employee Organization: Huntington Beach Municipal Teamsters (HBMT). City of Huntington Beach Printed on 3/26/2025Page 1 of 1 powered by Legistar™ City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-251 MEETING DATE:4/1/2025 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Director of Human Resources; Mike Vigliotta, City Attorney and Robert Torrez, Interim Chief Financial Officer. Employee Organization: Management Employees' Organization (MEO). City of Huntington Beach Printed on 3/26/2025Page 1 of 1 powered by Legistar™ City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-252 MEETING DATE:4/1/2025 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Director of Human Resources; Mike Vigliotta, City Attorney and Robert Torrez, Interim Chief Financial Officer. Employee Organization: Marine Safety Management Association (MSMA). City of Huntington Beach Printed on 3/26/2025Page 1 of 1 powered by Legistar™ City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-253 MEETING DATE:4/1/2025 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Director of Human Resources; Mike Vigliotta, City Attorney and Robert Torrez, Interim Chief Financial Officer. Employee Organization: Surf City Lifeguard Employees’ Association (SCLEA). City of Huntington Beach Printed on 3/26/2025Page 1 of 1 powered by Legistar™ City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-258 MEETING DATE:4/1/2025 CONFERENCE WITH LEGAL COUNSEL-LITIGATION (Gov. Code section 54956.9(d)(4).): Number of matters: One (1). City of Huntington Beach Printed on 3/26/2025Page 1 of 1 powered by Legistar™ City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-246 MEETING DATE:4/1/2025 THREAT TO PUBLIC SERVICES OR FACILITIES (Gov. Code section 54957(a).) Consultation with Chief of Police, Huntington Beach Police Department. City of Huntington Beach Printed on 3/27/2025Page 1 of 1 powered by Legistar™ City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-257 MEETING DATE:4/1/2025 Huntington Beach Fire and Police Chaplain Roger Wing City of Huntington Beach Printed on 3/26/2025Page 1 of 1 powered by Legistar™ City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-168 MEETING DATE:4/1/2025 Subject: Department Services and Budget Overview City of Huntington Beach Printed on 3/26/2025Page 1 of 1 powered by Legistar™ City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-173 MEETING DATE:4/1/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Lisa Lane Barnes, City Clerk PREPARED BY:Lisa Lane Barnes, City Clerk Subject: Approve and Adopt Minutes Statement of Issue: The City Council/Public Financing Authority regular meeting minutes of March 18, 2025, require review and approval. Financial Impact: None. Recommended Action: Approve and adopt the City Council/Public Financing Authority regular meeting minutes of March 18, 2025. Alternative Action(s): Do not approve and/or request revision(s). Analysis: None Environmental Status: Non-Applicable Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1.March 18, 2025 CC/PFA regular meeting minutes City of Huntington Beach Printed on 3/26/2025Page 1 of 1 powered by Legistar™ Minutes City Council/Public Financing Authority City of Huntington Beach Tuesday, March 18, 2025 4:00 PM — Council Chambers 6:00 PM — Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 A video recording of the 4:00 PM and 6:00 PM portions of this meeting is on file in the Office of the City Clerk, and archived at https://huntingtonbeach.legistar.com/Calendar.aspx 4:00 PM — COUNCIL CHAMBERS CALLED TO ORDER — 4:00 PM ROLL CALL Present: Twining, Kennedy, Burns, Van Der Mark, and Williams Absent: McKeon Pursuant to Resolution No. 2001-54 Mayor Pro Tem McKeon requested permission and, with no objections, was granted permission to be absent from this meeting. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO STUDY AND/OR CLOSED SESSION ITEMS (Received After Agenda Distribution) — None PUBLIC COMMENTS PERTAINING TO STUDY AND/OR CLOSED SESSION ITEMS — None STUDY SESSION 1. 25-081 Joint Study Session of the Citizen Participation Advisory Board (CPAB) and City Council to review funding recommendations for the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) programs for 2025-26 CPAB ROLL CALL Present: Vice Chair Padhiar, and Board Members Pappas and Quinn Absent: Chair Hammel, and Secretary Pena Charles Kovac, Housing Manager, presented a PowerPoint communication titled Joint Study Session of the City Council and Citizen Participation Advisory Board with slides entitled: Background, 2025-26 Estimated Funding Levels, Public Participation, CDBG Objectives, CDBG Local Priority Objectives, CDBG Allocations, CDBG Public Services, CDBG CAPITAL & HOUSING PRESERVATION PROJECTS, CDBG Administration, HOME Program Objectives, HOME Local Priority Objectives, HOME Allocations (2), Available HOME Admin (Carryover), Upcoming Actions, and QUESTIONS? Vice Chair Padhiar expressed appreciation for the opportunity to present the CPAB recommendations and gratitude for the number of non-profits in Huntington Beach that are focused on helping the community. Council/PFA Regular Meeting Minutes March 18, 2025 Page 2 of 10 Councilmember Kennedy clarified with Housing Manager Kovac the application and eligibility processes, as well as HUD's detailed documentation requirements for all recipients; Councilmember Twining and Housing Manager Kovac discussed that HUD determines the amount of available funds each year using a formula that is determined by and known only to HUD, and noted HUD's actual award amount is usually announced in late March or April; Council Woman Van Der Mark clarified with Housing Manager Kovac the Girls and Boys Club referenced is in the Oak View neighborhood; and Councilmember Williams and CPAB Vice Chair Padhiar discussed some of the criteria used by the CPAB Board in determining award recipients. Mayor Burns read titles for Closed Session Item #3 25-198 regarding Conference with Labor Negotiators and Employee Organization: Huntington Beach Municipal Teamsters (HBMT); Item #4 25-199 regarding Conference with Labor Negotiators and Employee Organization: Management Employees' Organization (MEO); Item #5 25-200 regarding Conference with Labor Negotiators and Employee Organization: Marine Safety Management Association (MSMA); and Item #7 25-203 regarding Conference with Real Property Negotiators Dave Clapp DBA Jack's Beach Concessions: Price and terms of lease. A motion was made by Burns, with a second by Van Der Mark, to recess to Closed Session RECESSED TO CLOSED SESSION — 4:24 PM CLOSED SESSION 2. 25-197 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 Byrne, et al. v. Rule, et al.; Court of Appeal Case No. B332962. 3. 25-198 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Director of Human Resources; Mike Vigliotta, City Attorney and David Cain, Interim Chief Financial Officer. Employee Organization: Huntington Beach Municipal Teamsters (HBMT). 4. 25-199 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Director of Human Resources; Mike Vigliotta, City Attorney and David Cain, Interim Chief Financial Officer. Employee Organization: Management Employees’ Organization (MEO). 5. 25-200 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Director of Human Resources; Mike Vigliotta, City Attorney and David Cain, Interim Chief Financial Officer. Employee Organization: Marine Safety Management Association (MSMA). 6. 25-201 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Southwest Voter Registration Education Project, et al. v. City of Huntington Beach; OCSC Case No. 30-2024-01397379-CU- CR-NJC. Council/PFA Regular Meeting Minutes March 18, 2025 Page 3 of 10 7. 25-203 CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Property: 21091 Pacific Coast Highway, Huntington Beach, CA, 92648 (APN 024-281-16). Agency Negotiators: Travis Hopkins, City Manager; Ashley Wysocki, Director of Community and Library Services; Chris Cole, Community and Library Services Manager; William Krill, Real Estate Project Manager. Negotiating Parties: (Not Present) Dave Clapp DBA Jack’s Beach Concessions. Under negotiation: Price and terms of lease. 8. 25-211 CONFERENCE WITH LEGAL COUNSEL-LITIGATION (Gov. Code section 54956.9(d)(4).): Number of matters: One (1). 6:00 PM — COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:02 PM ROLL CALL Present: Twining, Kennedy, Burns, Van Der Mark, and Williams Absent: McKeon Pursuant to Resolution No. 2001-54 Mayor Pro Tem McKeon requested permission and, with no objections, was granted permission to be absent from this meeting. INVOCATION 9. 25-185 Huntington Beach Police Chaplain James Pike 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. PLEDGE OF ALLEGIANCE — Led by Council Woman Van Der Mark CLOSED SESSION REPORT BY CITY ATTORNEY — City Attorney Vigliotta announced City Council unanimously approved Amicus support in the case of Byrne v. Rule; Court of Appeal Case No. B332962. CITY COUNCIL MEMBER COMMENTS (2-Minute Time Limit) Council Woman Van Der Mark noted the safe return of NASA's SpaceX Crew-9 after an extended time at the International Space Station. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, City Clerk Lisa Lane Barnes announced supplemental communications received by her office following distribution of the Council Agenda packet which were all uploaded to the City's website and Councilmember iPads: City Manager's Report Item #11 (1 email communication); Consent Calendar Item #14 (1 email communication); Administrative Items #10 (4 email communications); and #20 (2 email communications and 1 staff communication). PUBLIC COMMENTS (2-Minute Time Limit due to number of speakers) — 31 Speakers The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in the archived video located at https://huntingtonbeach.legistar.com/Calendar.aspx. Council/PFA Regular Meeting Minutes March 18, 2025 Page 4 of 10 Andrew Einhorn commented on the current City Councilmember actions. (00:31:21) Unnamed Speaker commented on the proposed book review committee. (00:33:03) Unnamed Speaker commented on the library initiatives. (00:34:50) James Elder commented on the selection of a candidate for appointment to the vacated City Council seat. (00:36:40) Unnamed Speaker commented on the library initiatives. (00:38:09) Unnamed Speaker commented on the selection of a candidate for appointment to the vacated City Council seat. (00:39:17) Unnamed Speaker commented on current City Councilmember actions. (00:41:22) Damien commented on the selection of a candidate for appointment to the vacated City Council seat. (00:43:10) Amory Hanson commented on the lease agreement with Southern California Edison Company for land to be used as a community garden. (00:44:33) Unnamed Speaker commented on commemorative plaques to honor heroes and the selection of a candidate for appointment to the vacated City Council seat. (00:45:03) Unnamed Speaker commented on the budget townhall meetings, the Housing Element and zoning overlays. (00:46:40) Tim Geddes commented on the time allotted for speakers changes from meeting to meeting. (00:49:26) Diana Lithgow commented on the budget and the City's press reputation. (00:51:42) Chris Kluwe commented on current City Councilmember actions. (00:54:06) Unnamed Guest commented on current City Councilmember actions. (00:55:41) Sue Kingman commented on recent City Councilmember actions. (00:57:06) Hannah E. commented on the selection of a candidate for appointment to the vacated City Council seat. (00:58:50) Chris Rini commented on recent City Councilmember actions. (01:00:10) Emily Sharp commented on recent City Councilmember actions. (01:01:40) Mayor Burns called a short recess. Unnamed Guest played a video of a conversation with a library petitioner. (01:04:27) Valentine Bankhead announced her withdrawal as a candidate for appointment to the vacated City Council seat and declined to be considered for the position. (01:07:33) Council/PFA Regular Meeting Minutes March 18, 2025 Page 5 of 10 Ken Babineau announced his withdrawal as a candidate for appointment to the vacated City Council seat and declined to be considered for the position. (01:09:05) Jignesh Padhiar commented on the selection of a candidate for appointment to the vacated City Council seat. (01:09:44) Brian Vea commented on the selection of a candidate for appointment to the vacated City Council seat. (01:12:04) Jacob Showalter commented on recent City Councilmember actions. (01:13:56) Bryan Schauer commented on his experiences related to the enforcement of 72-hour parking in Huntington Beach. (01:16:15) Unnamed Speaker commented on the library initiatives. (01:18:30) Nathan commented on recent City Councilmember actions. (01:20:11) Justine Makoff announced the Hug and Groom Event on the first Sunday of every month at the Equestrian Center sponsored by the Free Rein Foundation, and announced the free 3K Poppy Stroll on Saturday, April 26, 2025, at the Equestrian Center. (01:21:46) Russ Neal commented on the library initiatives. (01:23:53) Unnamed Speaker commented on the budget townhall meetings and recently approved plaque to commemorate the Public Library's 50th Anniversary. (01:25:37) ADMINISTRATIVE ITEMS 10. 25-204 Appointed Andrew Gruel to Vacated City Council Seat Mayor Burns cleared the council chambers of members of the public. A motion was made by Burns, second Van Der Mark to nominate Andrew Gruel for appointment to the vacated City Council seat. The motion carried by the following roll call vote: AYES: Twining, Kennedy, Burns, Van Der Mark, and Williams NOES: None ABSENT: McKeon ADMINISTERED OATH OF OFFICE TO NEWLY APPOINTED COUNCILMEMBER GRUEL Council Woman Van Der Mark administered the Oath of Office for newly appointed Councilmember Gruel. Mayor Burns called a short recess. ROLL CALL Council/PFA Regular Meeting Minutes March 18, 2025 Page 6 of 10 Present: Twining, Kennedy, Burns, Van Der Mark, Gruel, and Williams Absent: McKeon Pursuant to Resolution No. 2001-54 Mayor Pro Tem McKeon requested permission and, with no objections, was granted permission to be absent from this meeting. COUNCIL COMMITTEE APPOINTMENT ANNOUNCEMENTS Councilmember Williams announced his appointment of Michelle Schutze to the Investment Advisory Board. AB 1234 REPORTING — None OPENNESS IN NEGOTIATION DISCLOSURES — None CITY MANAGER’S REPORT 11. 25-167 Department Services and Budget Overview City Manager Travis Hopkins introduced Jennifer Carey, Deputy City Manager who presented a PowerPoint communication titled City Manager’s Office with slides entitled City Manager’s Office Budget, City Manager’s Office, City Manager’s Office Divisions & Services, Operations & Performance Data, and Questions? 12. 25-215 Mid-Year Budget Update Serena Bubenheim, Assistant Chief Financial Officer (CFO), presented a PowerPoint communication titled FY 2024/25 Mid-Year Budget Update with slides entitled City Budget and Financial Position – FY 2023/24, City Budget and Financial Position – FY 2024/25, City Projected Financial Position – FY 2024/25, General Fund Long—Term Financial Plan, and Questions? Councilmembers Twining, Williams and Kennedy discussed with Assistant CFO Bubenheim whether the increased property tax revenue is expected to offset the decrease in sales tax revenue as well as any consideration for projected and realized increase in property values. It was noted that 4th Quarter results are expected in a few weeks and could change the current projections. Councilmember Kennedy asked if "pro-forma" or uncertain numbers could be included as a new category in future Budget Update reports. CONSENT CALENDAR (Items 13 - 18) City Clerk 13. 25-158 Approved and Adopted Minutes A motion was made by Van Der Mark, second Burns to approve and adopt the City Council/Public Financing Authority regular meeting minutes of March 4, 2025, and special meeting minutes of March 11, 2025. The motion carried by the following roll call vote: Council/PFA Regular Meeting Minutes March 18, 2025 Page 7 of 10 AYES: Twining, Kennedy, Burns, Van Der Mark, Gruel, and Williams NOES: None ABSENT: McKeon Community and Library Services 14. 25-163 Approved and authorized execution of a five-year (5) License Agreement with Southern California Edison Company for public parkland located at Arevalos Park A motion was made by Van Der Mark, second Burns to approve the License Agreement with Southern California Edison Company for the use of the 2.58-acre parcel commonly known as Arevalos Park and authorize the Mayor and City Clerk to execute any and all documents necessary to conclude this transaction. The motion carried by the following roll call vote: AYES: Twining, Kennedy, Burns, Van Der Mark, Gruel, and Williams NOES: None ABSENT: McKeon 15. 25-164 Approved and authorized execution of a five-year (5) License Agreement with Southern California Edison Company for use of 2.48 acres of land southeast of Atlanta Avenue and Brookhurst Street to be used as a Community Garden A motion was made by Van Der Mark, second Burns to approve the License Agreement with Southern California Edison Company for the use of the 2.48-acre parcel to be used for the Huntington Beach Community Garden and authorize the Mayor and City Clerk to execute any and all documents necessary to conclude this transaction. The motion carried by the following roll call vote: AYES: Twining, Kennedy, Burns, Van Der Mark, Gruel, and Williams NOES: None ABSENT: McKeon Community Development 16. 25-138 Directed staff to forward the 2024 Housing Element Annual Progress Report to the California Department of Housing and Community Development and the Governor’s Office of Land Use and Climate Innovation (formerly the Office of Planning and Research) A motion was made by Van Der Mark, second Burns to approve the 2024 Housing Element Annual Progress Report, and direct staff to submit the 2024 Housing Element APR to the California Department of Housing and Community Development and Governor's Office of Land Use and Climate Innovation (formerly the Office of Planning and Research) The motion carried by the following roll call vote: AYES: Twining, Kennedy, Burns, Van Der Mark, Gruel, and Williams NOES: None Council/PFA Regular Meeting Minutes March 18, 2025 Page 8 of 10 ABSENT: McKeon Public Works 17. 25-136 Approved the West Orange County Water Board (WOCWB) Fiscal Year 2025/26 Budget in the amount of $1,683,800 A motion was made by Van Der Mark, second Burns to approve the WOCWB Proposed budget for Fiscal Year 2025/26, with the City of Huntington Beach amount of $1,046,624. The motion carried by the following roll call vote: AYES: Twining, Kennedy, Burns, Van Der Mark, Gruel, and Williams NOES: None ABSENT: McKeon 18. 25-134 Accepted the lowest responsive bid and authorized execution of a construction contract with Crosstown Electrical & Data, Inc., in the amount of $242,967.80, for the construction of a fiber optic communication system for traffic signal communication along Bolsa Chica Street corridor (CC-1622) A motion was made by Van Der Mark, second Burns to accept the lowest responsive and responsible bid submitted by Crosstown Electrical & Data, Inc., in the amount of $242,967.80; and authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. The motion carried by the following roll call vote: AYES: Twining, Kennedy, Burns, Van Der Mark, Gruel, and Williams NOES: None ABSENT: McKeon PUBLIC HEARING 19. 25-143 CONTINUED OPEN TO April 1, 2025 — Public Hearing to Approve Zoning Text Amendment No. 25-001 (Smoke/Tobacco Shop Regulations) by approving for the introduction of Ordinance Nos. 4331, 4332, 4333, and 4334 Mayor Burns opened the Public Hearing. A motion was made by Burns, second Kennedy to CONTINUE this Open Public Hearing to Tuesday, April 1, 2025, to find Zoning Text Amendment No. 25-001 exempt from the California Environmental Quality Act (CEQA) pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the zoning ordinance that does not change the development standards intensity or density; and, approve Zoning Text Amendment No. 25-001 with findings (Attachment No. 1) and approve for introduction: 1. Ordinance No. 4331, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 204 Use Classifications of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 25-001)"; (Attachment No. 2) 2. Ordinance No. 4334, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 211 C Commercial Districts of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 25-001)"; (Attachment No. 3) Council/PFA Regular Meeting Minutes March 18, 2025 Page 9 of 10 3. Ordinance No. 4333, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 212 I Industrial Districts of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 25-001)"; (Attachment No. 4) 4. Ordinance No. 4332, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 230 Site Standards of the Huntington Beach Zoning Code and Subdivision Ordinance (Zoning Text Amendment No. 25-001)"; (Attachment No. 5) The motion carried by the following roll call vote: AYES: Twining, Kennedy, Burns, Van Der Mark, Gruel, and Williams NOES: None ABSENT: McKeon ADMINISTRATIVE ITEMS 20. 25-202 Adopted Resolution No. 2025-26 appointing Robert Torrez as Interim Chief Financial Officer and approving the Employment Agreement. City Manager Travis Hopkins introduced Marissa Sur, Director of Human Resources, who provided a PowerPoint communication titled Interim Chief Financial Officer Employment Agreement, with slides entitled Contract Overview, Recommended Action, and Questions? Councilmember Kennedy suggested that since unforeseen circumstances prevented Mr. Torrez from attending this meeting, he would like Mr. Torrez's appearance rescheduled so that discussion on Mr. Torrez's impressive past experience could take place. A motion was made by Van Der Mark, second Twining to adopt Resolution No. 2025-26, "A Resolution of the City Council of the City of Huntington Beach Appointing Robert Torrez as Interim Chief Financial Officer;" and approve and authorize the City Manager to execute the "Employment Agreement between the City of Huntington Beach and Robert Torrez" The motion carried by the following roll call vote: AYES: Twining, Kennedy, Burns, Van Der Mark, Gruel, and Williams NOES: None ABSENT: McKeon Mayor Burns invited newly appointed Councilmember Gruel, as well as the other Councilmembers, to take a few moments to make comments on his appointment. Councilmember Gruel expressed his appreciation for the appointment to represent true American values for the greatest city in California. He added that chefs are always cutting waste, and he finds resident passions inspiring. As a Huntington Beach small business owner who is raising his family in Huntington Beach, he expects to have safe drinking water, streets and parks for everyone, good schools and opportunities for new small businesses. He believes he will bring unique and creative ways to reach compromises and understands that Councilmember decisions will have an effect on the future of Huntington Beach. He closed his remarks by stating he will always be a transparent, honest and thorough Councilmember. Council/PFA Regular Meeting Minutes March 18, 2025 Page 10 of 10 Mayor Burns and Councilmembers Kennedy, Twining, Van Der Mark, and Williams congratulated and thanked Councilmember Gruel for his past demonstrations of leadership, his unique approach to solving issues, having genuine character and a record of excellence. CITY COUNCIL MEMBER REQUESTS — None ADJOURNMENT — At 8:02 PM a motion was made by Gruel, with a second by Van Der Mark, to adjourn to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Tuesday, April 1, 2025, at the Central Library, 7111 Talbert Ave, Huntington Beach, California 92648. INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT http://www.huntingtonbeachca.gov _______________________________________ City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach and Secretary of the Public Financing Authority of the City of Huntington Beach, California ATTEST: ______________________________________ City Clerk-Secretary ______________________________________ Mayor-Chair City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-225 MEETING DATE:4/1/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager VIA:Jennifer Villasenor, Director of Community Development PREPARED BY:Jimmy Hoang, Code Enforcement Manager Subject: Adopt Resolution No. 2025-19 declaring weeds and rubbish a public nuisance and scheduling a Public Hearing on May 6, 2025, at 6:00 p.m. to hear protests and objections to the abatement Statement of Issue: Each year,the City identifies privately-owned properties with excessive weeds and/or rubbish that constitute a public nuisance.To address these concerns,the City Council adopts a Resolution declaring the City’s intent to abate the nuisance on the identified properties. Financial Impact: Declaring properties as a public nuisance has no financial impact on the City. After the Public Hearing and subsequent removal of weeds and/or rubbish,the City will recover the costs of abatement by assessing the property owners through their property tax bills. Recommended Action: Adopt Resolution No.2025-19,“A Resolution of the City Council of the City of Huntington Beach Finding and Declaring That Certain Weeds Growing in the City,and Rubbish and Refuse Deposited on Public Ways and Private Property are a Public Nuisance;and Fixing the Time for Hearing Protests and Objections to the Abatement Thereof.” Alternative Action(s): Do not adopt the resolution and provide alternative direction to staff. Analysis: The California Government Code authorizes local governments to declare weeds and rubbish a public nuisance as a necessary step before initiating abatement.Consistent with this authority,the City of Huntington Beach has incorporated weed abatement requirements into Municipal Code Chapter 8.16 (Weed Abatement). City of Huntington Beach Printed on 3/26/2025Page 1 of 2 powered by Legistar™ File #:25-225 MEETING DATE:4/1/2025 Under HBMC Section 8.16.020 (Nuisance Declared),property owners must keep their land free of weeds or other flammable materials that pose a fire hazard. To enforce these requirements,the City Attorney’s Office has prepared Resolution No.2025-19, which: ·Declares certain weeds, rubbish, and refuse on specific properties are a public nuisance. ·Sets May 6,2025,at 6:00 p.m.as the date and time for a Public Hearing to consider objections. ·Authorizes the City to post notices and proceed with abatement if necessary. Property Identification & Notification: ·This year,134 undeveloped or vacant properties have been identified as requiring abatement (see Attachment 1, Exhibit A). ·Affected properties will be posted with a Notice to Destroy Weeds and Remove Rubbish and Refuse. ·Property owners will also receive official letters notifying them of the May 6 Public Hearing and the City’s pending weed abatement efforts. After the Public Hearing,if no valid objections are raised,the City will proceed with abatement of non- compliant properties.The cost of the abatement will then be assessed to the property owners through their property tax bills, ensuring that there is no fiscal impact on the City. Environmental Status: The removal of weeds,refuse,and rubbish from undeveloped private properties is categorically exempt from the California Environmental Quality Act (CEQA)pursuant to CEQA Guidelines Section 15301(h), which exempts the maintenance of existing landscaping and native growth. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1.Resolution No.2025-19,“A Resolution of the City Council of the City of Huntington Beach Finding and Declaring that Certain Weeds Growing in the City,and Rubbish and Refuse Deposited on Public Ways and Private Property are a Public Nuisance;and Fixing the Time for Hearing Protests and Objections to the Abatement Thereof,”including Exhibit A:2025 Weed Abatement - Vacant Parcels Private Ownerships 2.PowerPoint Presentation City of Huntington Beach Printed on 3/26/2025Page 2 of 2 powered by Legistar™ RESOLUTION NO. 2025-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH FINDING AND DECLARING THAT CERTAIN WEEDS GROWING IN THE CITY AND RUBBISH AND REFUSE DEPOSITED ON PUBLIC WAYS AND PRIVATE PROPERTY ARE A PUBLIC NUISANCE; AND FIXING THE TIME FOR HEARING PROTESTS AND OBJECTIONS TO THE ABATEMENT THEREOF WHEREAS, it has come to the attention of the City Council of the City of Huntington Beach that certain weeds more particularly described below are growing upon certain streets, sidewalks , parkways and private property in the City of Huntington Beach, and that rubbish and refuse are found upon parkways, sidewalks and private property in the City, and that the same are a public nuisance; and The City Council of the City of Huntington Beach determines that said weeds and rubbish and refuse should be removed and abated as a public nuisance in accordance with the provisions of Division 3, Chapter 13, Article 2 of the California Government Code, commencing with Section 39560. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows : 1. Pursuant to the provisions of Division 3, Chapter 13, Article 2 of the California Government Code commencing with Section 39560 and Huntington Beach Municipal Code , Chapter 8.16 , the City Council of the City of Huntington Beach hereby determines and declares that weeds that bear seeds of a downy or winged nature, and weeds that attain such a large growth as to become, when dry, a fire menace, and dry grass, stubble , brush, litter or other flammable material which endangers the public safety by creating a fire hazard, and weeds that are otherwise noxious or dangerous , are growing upon certain streets, sidewalks, parkways and private property in the City, and that rubbish and refuse are found upon parkways , sidewalks and private property in the City, and the same are hereby declared to be a public nuisance. The names of such streets as they are commonly known, and the property fronting such streets , sidewalks or parkways, or where such nuisance exists are hereinafter particularly described according to the official assessment maps of the County of Orange , as set forth in Exhibit A, attached hereto and incorporated by this reference. 2. The Director of Public Works of the City of Huntington Beach for the purpose of this Resolution, and pursuant to Section 39560, et seq ., of the California Government Code, is hereby designated as the person to perform the duties imposed by law, and is hereby instructed and directed to prepare and post notices, to destroy weeds, or to remove said rubbish and refuse as required by law. Such notices shall be in accordance with the requirements contained in Government Code Sections 39564 through 39567, and shall be conspicuously posted on or in front of the property where the nuisance exists or, if the property has no frontage , upon any street, highway or road most likely to give actual notice to the owner. The notices shall be 25-16035/370315 1 RESOLUTION NO. 2025-19 posted as follows: One notice to each piece or parcel of property in separate ownership of not over fifty (50) feet frontage; not more than two (2) notices to any s uch parcel of property in separate ownership with a frontage of one hundred (100) feet or less ; and if the frontage of any place or parcel of property in separate ownership is greater than one hundred (100) feet, such notices shall be posted at not more than one hundred (100) feet apart. Such notice shall be posted at least ten ( 10) days prior to the time of hearing of objections. 3. The City Council does hereby set May 6 , 2025 at 6:00 p.m., as the time, or as soon thereafter as the matter may be heard , in the Council Chambers in the Civic Center, Huntington Beach, California as the place for h ea ring objections and protests to the proposed removal of such weeds, rubbi sh and refuse. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof h e ld on the _____ day of ____________ , 2025 . Mayor REVIEWED AND APPROVED: INITIATED AND APPROVED: City Manager Director of Community Development APPROVED AS TO FORM: ~~ City Attorney 25-16035/3703 15 2 2025 Vacant Parcels Private Ownership 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3 1 32 3 3 34 35 36 37 38 39 40 41 42 4 3 44 45 46 47 48 49 50 51 52 APN 023 -093-28 023 -114-14 023-124-04 023-124-28 023-124-29 023-124-30 023-124-31 023-127-27 023-134-12 023-136-16 023-137-02 023-141-17 023-147-24 023-147-25 023 -156-14 023 -167-04 023-167 -16 024-011-25 024-038-23 024-038-24 024-107-09 02 4 -1 13-19 024-116-11 024-117-12 024-123-07 024-123-08 024-123-09 024-124 -18 024-134-15 024-141-27 024-144-10 024-151-35 024-162-04 024-181-24 025-200-73 107-691 -20 110-017-26 110-01 7-27 110-021-23 110 -151-10 110-151-11 110-152-07 110-152-09 110-152-23 110-153-05 110-162-19 110-163-17 110-164-08 110-164-11 110-164-12 110-164-15 110-164-18 LOCATION CORNER 14TH & MAIN S/E CORNER 20TH & ACACIA S/SIDE 20TH BTW PECAN & ORANGE S/SIDE 20TH@ PECAN S/SIDE 20TH @ PECAN S/SIDE 20TH@ PECAN S/SIDE 20TH@ PECAN S/SIDE 21 ST BTW OLIVE & ORANGE N/SIDE 19TH BTW OLIVE & WALNUT E/SIDE PCH S OF 22ND STREET S/SIDE 21 ST BTW PCH & WALNUT S/E CORNER 19TH & ACACIA N/W CORNER ACACIA & 16TH N/W CORNER ACACIA & 16TH N/SIDE 17TH BTW OLIVE & ORANGE CORNER OF 17TH AND PCH CORNER OF 16TH AND PCH 14th @ACACIA E/SIDE OF PCH N OF 11TH STREET E/SIDE OF PCH N OF 11TH STREET N/W CORNER 8TH & PECAN N/SIDE OF 8TH STREET N OF OLIVE N/SIDE OF 9TH STREETS OF OLIVE AVE N/SIDE OF 8TH ST S OF OLIVE AVENUE N/SIDE OF 8TH ST ; BTW PCH & WALNUT CORNER PCH & 9TH E/SIDE PCH S OF 19TH STREET PCH BTW 7TH & 8TH TRIANGLE E/S LAKE BTW ALLEY & ORANGE S/SIDE 7TH STREET S OF ORANGE 3RD ST , BTW OLIVE AND ORANGE PCH SO . CORNER OF 7TH 1 ST ST S OF OLIVE W/SIDE HUNTINGTON S OF INDIANAPOLIS S/SIDE UTICA W OF BEACH SECORNERBEACH&TERRY S/SIDE TALBERT W OF EDWARDS S/SIDE TALBERT W OF EDWARDS WARNER @ SANDRALEE ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/O.F ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPED IA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS Page 1 of 3 Reso. No . 2025-19 Exhibit A SIZE SQ. FT. 59 X 105 6 ,664 117 .5X50 5,875 50X117.5 5,875 25X 117 .5 2,938 25X117.5 2 ,938 25X117.5 2 ,938 25 X 117 .5 2,938 25 X 117.5 2 ,938 25 X 95 2 ,375 Unknown 3,900 117 ,5X37.5 4,406 117.5X50 5,875 117.5X25 2 ,938 117 .5X25 2 ,938 117 .5X25 2 ,938 163 X 50 8,150 163 X 25 4,075 25X117.5 2 ,938 Unknown 2,875 Unknown 12,200 50 X 117.5 5,875 ODD 6 ,380 ODD 2 ,875 ODD 5,800 62 .5 X 117.5 7 ,343 150 .7 X 74 .5 11,788 ODD 8,000 25 X 110 2750 ODD 5,640 Unknown 2 ,900 117 .5x75 8,812 100 X 108 10 ,800 25X117.5 2,937 Unknown 3,400 Unknown 9,000 150X150 22 ,500 ODD 82,753 ODD 2,350 ODD 6,500 112 X 25 2,800 112 X 25 2 ,800 112 X 25 2 ,800 112 X 25 2 ,800 1"12X25 2 ,800 112 X 25 2 ,800 112 X 25 2 ,800 112 X 25 2 ,800 112 X 25 2,800 112 X 25 2 ,800 112 X 25 2 ,800 112 X 50 5,600 112 X 25 2 ,800 2025 Vacant Parcels Private Ownership 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 7 0 71 72 7 3 74 75 76 77 78 79 80 81 82 83 84 85 8 6 87 88 89 90 91 92 9 3 94 95 96 97 98 99 100 101 102 103 104 APN 110-165-05 110-182-03 110-182-11 110-184-04 110-184-10 110-186-04 110-186-07 110-186-09 110-186-14 110-186-16 110-211-01 110-211-04 110-211-05 111-022-07 111 -074-02 111-120-11 111-120-12 111-130-07 111-130-08 111--130-09 111-130-10 111-130-14 111-130-39 142-172-01 145-092-27 146-211-24 146-311-17 153-051-11 153-201-27 153-421-01 157-411-02 159-102-14 159-151 -16 159-282-14 159-393-24 159-393-59 159-393-60 159-393-67 159-393-68 159-393-69 159-471-15 159-541-51 163-302-34 163-361-09 163-361-10 165-261-44 165-281-04 165-311-16 167-311-02 167-321-10 167-325-19 167-325-20 LOCATION ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLI$ ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS ENCYCLOPEDIA -N/OF ELLIS W/SIDE GOLDENWEST S/OF ELLIS W/SIDE GOLDENWEST S/OF ELLIS W/SIDE GOL:DENWEST S/OF ELLIS S/SIDE OF WARNER, E/OF GOTHARD NE CORNER GARFIELD & GOTHARD N/E CORNER GARFIELD & GOLDENWEST N/E CORNER GARFIELD & GOLDENWEST S/SIDE GARFIELD E OF GOLDENWEST S/SIDE GARFIELD E OF GOLDENWEST S/E CORNER GARFIELD & GOLDENWEST S/E CORNER GARFIELD & GOLDENWEST S/SIDE GARFIELD E OF GOLDENWEST S/E CORNER GARFIELD & GOLDENWEST S/SIDE HEIL @ BEACH ROYALIST W OF PLYMOUTH E/SIDE GRAHAM PLACE S OF HEIL NW CORNER WARNER AND LARK E/S BEACH N/OF YORKTOWN S/SIDE GARFIELD W/O BROOKHURST S/SIDE GARFIELD W OF MAGNOLIA N/SIDE OF GARFIELD W OF NEWLAND E/SIDE OF FLORIDA S OF MAIN GARFIELD E/OF DELAWARE N/SIDE CLAY BTW HOLLY AND HUNTINGTON ENCYCLOPEDIA -S/SIDE ELLIS ENCYCLOPEDIA -S/SIDE ELLIS ENCYCLOPEDIA -S/SIDE ELLIS ENCYCLOPEDIA -S/SIDE ELLIS ENCYCLOPEDIA -S/SIDE ELLIS ENCYCLOPEDIA -S/SIDE ELLIS W/SIDE HUNTINGTON N OF MAIN E/SIDE GOTHARD N OF GARFIELD LYNN (cl) LOS PATOS E/SIDE BOLSA CHICAS OF LOS PATOS E/SIDE BOLSA CHICAS OF LOS PATOS E/SIDE SAMPSON S OF SLATER S/SIDE CYPRESS W OF ASH W/SIDE OF BEACH S OF SPEER E/SIDE BEACH BTW HOLLAND & BLAYLOCK W/SIDE "B" St. N/OF BLAYLOCK E/SIDE BEACH BTW HOLLAND & BLAYLOCK E/SIDE BEACH BTW HOLLAND & BLAYLOCK Page 2 of 3 Reso . No. 2025-19 Exhibit A SIZE SQ.FT. 112 X 25 2 ,800 112 X 25 2,800 112 X 25 2 ,800 112 X 25 2,800 112 X 25 2 ,800 112 X 50 5,600 112 X 25 2 ,800 112 X 25 2 ,800 112 X 25 2,800 112 X 25 2,800 25X 87 2 ,175 25X 87 2 ,175 175 X 87 15,225 97 .5 X 80 7,800 ODD 362,870 20 X 100 2,000 115 X 50 5 ,750 ODD 5 ,850 ODD 5 ,850 100 X 117 11,700 50 X 117 5 ,850 Unknown 23 ,750 51 X 117 5 ,851 ODD 7 ,600 36 X 100 3,700 Unknown 13,000 120 X 177 21,240 100 X 442 44,200 75 X 400 30,000 Unknown 5,800 ODD 106 ,100 Unknown 16,200 77 X 150 11,550 ---------49 ,800 112 X 25 2,800 112 X 25 2,800 112 X 25 2 ,800 50 X 112 5 ,600 50 X 112 5 ,600 ODD 96,416 Unknown 11 ,000 Unknown 53 ,300 109 X 95.5 10,409 ODD 11 ,500 ODD 212 ,719 Unknown 10 ,200 Unknown 7 ,700 ODD 22,500 264 X 174 45,936 45 X 116 5,220 95 X 100 9 ,500 100 X 103 10,300 2025 Vacant Parcels Private Ownership 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 APN 167-325-21 167-341-01 178-071-21 178-161-35 178-201-28 178-201-29 178-201-30 178-201-31 178-201-32 178-201-33 178-201-37 178-201-41 178-201-47 178-201-48 178-201-50 178-201-51 178-201-73 178-201-74 178-201-75 178-411-17 178-411-19 178-432-03 178-523-09 178-532-45 178-532-77 178-532-78 178-543-19 178-551-13 178-651-36 195-053-18 LOCATION E/SIDE BEACH BTW HOLLAND & BLAYLOCK S/SIDE OF WARNER W OF NEWLAND S/SIDE EDINGER W/OF BOLSA CHICA N/S HEIL E/OF LE GRANDE GREEN BTW PIERCE & NEELY · GREEN BTW PIERCE & NEELY GREEN BTW PIERCE & NEELY GREEN BTW PIERCE & NEELY GREEN BTW PIERCE & NEELY GREEN BTW PIERCE & NEELY W/SIDE GREEN N OF PEARCH W/SIDE GREEN N OF PEARCH W/SIDE GREEN N OF PEARCH W/SIDE GREEN N OF PEARCH W/SIDE GREEN N OF PEARCH W/SIDE GREEN N OF PEARCH W/SIDE GREEN N OF PEARCH W/SIDE GREEN N OF PEARCH W/SIDE GREEN N OF PEARCH END OF MALDEN CIRCLE END OF MALDEN CIRCLE CHM~NEL S/OF ADMIRAL TY PCH/18TH ST -SUNSET BEACH END OF PARK AVE@ PCH -SUNSET BEACH END OF PARK AVE@ PCH -SUNSET BEACH S/SIDE PCH W OF WARNER -SUNSET BEACH PCH/6TH ST -SUNSET BEACH S/SIDE PCH W OF WARNER -SUNSET BEACH S/SIDE PCH W OF WARNER -SUNSET BEACH N/SIDE BOLSA E OF SPRINGDALE Page 3 of 3 Reso. No. 2025-19 Exhibit A SIZE SQ. FT. 30 X 198 5,940 Unknown 2,000 145 X 147. 21,344 131 X 120 15,720 25X49 1,225 25X49 1,225 50X49 2,450 25X49 1,225 25X49 1,225 51 X49 2 ,499 ODD 1,225 ODD 1,280 ODD 1,225 ODD 1,225 ODD 1,225 ODD 1,225 ODD 1,280 ODD 2,450 ODD 2 ,450 ODD 9,000 ODD 9,000 125 X 61 7,625 80 X 71 5,647 ODD 3,471 ODD 4,738 Unknown Unknown 30 X 90 2,700 30 x74 2 ,250 Unknown Unknown Unknown 22 ,300 Annual Weed Abatement Program - Declaration of Public Nuisance and Public Hearing Schedule Community Development April 1, 2025 Background •Each year, the City conducts a Weed Abatement Program to address fire hazards and public nuisances on vacant private properties. •The City Council declares a public nuisance at its first April meeting. •A Public Hearing is scheduled for May 6, 2025, to allow property owners to raise objections. •134 vacant parcels were identified through research and field inspections as requiring abatement. PROGRAM TIMELINE • Mid-April 2025: Property Posting & Notification • Affected properties will be posted with a Notice to Destroy Weeds and Remove Rubbish and Refuse. • Letters will be mailed to property owners informing them of the May 6, 2025 Public Hearing and abatement process. Recommended Action •Adopt Resolution No. 2025-19 declaring identified weeds and rubbish a public nuisance. •Approve abatement measures and set a Public Hearing on May 6, 2025. •No fiscal impact to the City (abatement costs are recovered through property tax assessments). Questions? City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-161 MEETING DATE:4/1/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager VIA:Eric Parra, Chief of Police PREPARED BY:Lieutenant Julio Mendez & Kimberly Rodriguez, Management Analyst Subject: Approve and Accept the California Office of Emergency Services (Cal OES)Violence Against Women Act,Law Enforcement Specialized Units Grant (LE24026601)and approve a three-year contract with Waymakers for management of the Victim and Witness Assistance Services Program Statement of Issue: The Huntington Beach Police Department (HBPD)applied for and received a $203,142 Cal OES Law Enforcement Specialized Units grant to help fund the Victim and Witness Assistance Services Program (“Program”)managed by Waymakers.City Council is requested to approve and accept the grant award for 2025;approve a three-year contract with Waymakers for the continued management of the Victim and Witness Assistance Services Program;and approve the compensation for Waymakers in the amount of $116,031 for services rendered through calendar year 2025. Financial Impact: To receive the Cal OES grant,the City must provide a match of $67,714,which has been budgeted in HBPD General Fund Account Number 10070203. The cost for the Program in 2025 is $270,856,with the grant award offsetting $203,142 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. Upon receipt of the Cal OES grant funds,sufficient appropriations will be made available to fund the Waymakers contract into 2025. Recommended Action: A)Accept the Law Enforcement Specialized Units grant between the State of California Governor’s Office of Emergency Services (Cal OES)and the City of Huntington Beach in the amount of $203,142; City of Huntington Beach Printed on 3/26/2025Page 1 of 3 powered by Legistar™ File #:25-161 MEETING DATE:4/1/2025 B)Assign authority to the Chief of Police as the official to execute and sign for the award and to approve appropriations, amendments, and extensions; C)Approve the appropriation and expenditure of $270,856 of which $203,142 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)Authorize the Mayor and City Clerk execute an Agreement between the City of Huntington Beach and Waymakers for Victim and Witness Assistance Services Program in the amount of $116,031 . 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.Most of this grant funding of $270,856 (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 HBPD proposes contracting with Waymakers for Victim Advocate services.Funding 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 funds for 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 program,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 for three- years,with current funding through December 31,2025,and the cash match of $67,714 is located within the existing Police Department budget. 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 City of Huntington Beach Printed on 3/26/2025Page 2 of 3 powered by Legistar™ File #:25-161 MEETING DATE:4/1/2025 resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Goal 8 - Public Safety, Strategy A - Community-wide comprehensive risk reduction program to optimize public safety's emergency response and reduce the number of calls. Attachment(s): 1.Notice of Intent to Fund via CalOES 2.Waymakers Contract 3.Waymakers Certificate of Insurance City of Huntington Beach Printed on 3/26/2025Page 3 of 3 powered by Legistar™ Notice of Intent to Fund Archive 12/24/2024 1:35 PM To: Jana Harden Your proposal has been selected to receive funding through the Law Enforcement Specialized Units - LE24 of the California Governor’s Office of Emergency Services (Cal OES). Provided there are no successful appeals, and pending completion and/or revision of all required application forms, your agency will be awarded the amount of $203,142 for the Grant Subaward performance period beginning Jan 01, 2025 and ending Dec 31, 2025. Subrecipient - Accept Archive 1/7/2025 1:30 PM To: Jana Harden This is to acknowledge acceptance of funding for the LE24026601 proposal submitted for the Law Enforcement Specialized Units - LE24 Program. PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND WAYMAKERS FOR VICTIM AND WITNESS ASSISTANCE 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 referred to as "CITY," and Waymakers, a non-profit California Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide victim and witness assistance services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULT ANT hereby designates Ronnetta Johnson who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULT ANT in the performance of this Agreement. 25-15954/368954 I of 12 3. TERM: TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULT ANT are to commence on January I, 2025 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit II A 11 shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit II A 11 are generally to be shown in Exhibit II A. 11 This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULT ANT. In the event the Commencement Date precedes the Effective Date, CONSULT ANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULT ANT on a time and materials basis at the rates specified in Exhibit 11 B, 11 which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed One Hundred Sixteen Thousand Thirty One Dollars ($116,031). 5. EXTRA WORK In the event CITY reqmres additional services not included in Exhibit 11 A 11 or changes in the scope of services described in Exhibit II A, 11 CONSULT ANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSUL TANT shall be paid pursuant to the terms of Exhibit 11 B. 11 25-15954/368954 2 of 12 7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULT ANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULT ANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS A. CONSULT ANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's ( or CONSULT ANT's subcontractors, if any) negligent ( or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSUL TANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSUL TANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULT ANT. B. To the extent that CONSUL TANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: 25-15954/368954 3 of 12 "CONSULT ANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULT ANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULT ANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is nnable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULT ANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULT ANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($ I ,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance 25-15954/368954 4 of 12 policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULT ANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULT ANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULT ANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULT ANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to fmihwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSUL TANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSUL TANT 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: 25-15954/368954 A. B. provide the name and policy number of each carrier and policy; state that the policy is currently in force; and 5 of 12 C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSUL TANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULT ANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSUL TANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSUL TANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULT ANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSUL TANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the 25-15954/368954 6 of 12 event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its prope1ty and shall be promptly delivered to it by CONSULT ANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSUL TANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section I hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULT ANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-retum receipt requested: 25-15954/368954 7 of 12 TO CITY: City of Huntington Beach ATTN: Lt. Julio Mendez 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: Waymakers ATTN: Ronnetta Johnson 440 Exchange, Suite 250 Irvine, CA 92602 When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases al the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or 25-15954/368954 8 of 12 neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterpaiis as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delive1y, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULT ANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULT ANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 25-15954/368954 9 of 12 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this 25-159541368954 IO of 12 Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. 25-15954/368954 11 of 12 CONSUL TANT, Waymakers By ~~~O print name ITS: (circle one) Chairman/Presi denUVice Pre si dent AND By ,~/2_ Me ltodc, Roooo< • C.,fo print name I ITS: (circle one) Secretary/Ch ief Financ ial Officer/Asst. Secretary -Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk ~~D Police Chief REVIEWED AND APPROVED : City Manager APPROI2:TO~ le· 1ty Attorney ~ 25 -1 5954/368954 12 of 12 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) The purpose of this contract is to continue the efforts of law enforcement agencies to enhance or create specialized units to focus special effort on the handling of violent crimes against adult women, including sexual assault, domestic violence, and stalking. The specialized unit will accomplish this purpose through thorough investigation, immediate victim advocacy, and training for law enforcement officers. Thorough investigation leads to successful prosecution of cases, immediate victim advocacy provides victims with the support and resources to help disrupt the cycle of violence, and training assists departments in providing a consistent, effective, and compassionate response to female victims of violent crime. The Victim Advocate/Program Manager will collect and report demographic information on victims served. The project contracts with a local victim service agency (rape crisis or domestic violence agency) for one full-time advocate (or full-time equivalent). The advocate must meet the requirements of a domestic violence or sexual assault counselors as defined by the Evidence Code (Section 1035-1036.2 for sexual assault counselors and Section 1037-1037.7 for domestic violence counselors), The Huntington Beach Victim Advocate/Program Manager must have experience in assisting victims of domestic violence, sexual assault, and stalking crimes. The agreement shall cover a period beginning January 1, 2025 through December 31, 2027, unless terminated earlier for cause or availability of funding. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: Project Scone: This project will provide comprehensive services for victims/witnesses of crime. The goals include providing services that will alleviate the trauma and devastating impact of crime on the lives of victims and their family members. Additionally, it is necessaty to provide information to victims/witnesses of crime regarding the processes of the criminal justice system in order to encourage cooperation in the investigation and prosecution of the case. I. Victim/Witness Services. The Huntington Beach Victim Advocate/Program 2. Manager will facilitate the development and/or revision of officer and advocate protocols for responding to victims and their children; facilitate training for law enforcement officers; maintain statistical and historical documentation relevant to the fulfillment of the LE grant requirements; assist with the preparation of grant progress reports; and participate and respond to funder site monitoring visits. The Victim Advocate/Program Manager is additionally responsible for the provision of comprehensive victim services as described in the California Penal Code Section 13835.5. Both the mandatory and optional services listed in the Penal Code will be provided including: • Crisis intervention-provide timely and comprehensive responsive to the individual needs of crime victims. • Emergency assistance -directly or indirectly providing food, housing, clothing and cash, if necessary. • • • • • • • • • • • • Resource and referral counseling -direct victims to agencies within theco1111111111ity. Follow-up counseling -provide counseling to victims with problems resulting from crime. Filing of compensation claims -assist victims in filing claims for compensation through the Victim Compensation and Government Claims Boards. Property returns assistance -upon request of the victim, assist in obtaining the return of a victim's property held as evidence by law enforcement agencies. Orientation -provide orientation to the criminaljustice system . Court accompaniment -provide accompaniment andsupport the vietim in the courtroom. Presentations ( criminal justice agencies) provide presentations to and training of criminal justice system agencies. Presentations (public) -provide presentations to public agencies and community groups. Case status -monitor appropriate court cases to keep victims and witnesses apprised of the progress and disposition of their case. Notification -upon request of the victim, provide notification to friends, relatives and employers of the occurrence of the crime. Employer notification -upon request of the victim or witness, inform the employer that the employee was a victim or witness to a crime. Restitution assistance -upon request of the victim, assist in the process of obtaining restitution for the victim. • Optional Services -as outlined in the Penal Code shall include but is not limitedto: • • • • • • Employer intervention -assist the victim in resolving employment issues that arise as the result of the crime. Creditor intervention -assist the victim in resolving creditor issues that arise as the result of the crime. Crime prevention -provide information regarding crime prevention to individuals or community groups. Temporaty restraining orders-provide assistancein obtaining temporaty restraining orders for victims. Transpotiation -arrange for transportation to court for victims required to testify. Waiting area -arrange for the provision of a victim/witness waiting room. Victim Impact Statements -provide victims assistance in the preparation of victim impact statements for probation reports, sentencing and parole hearings. EXHIBIT A 3. Staffing Requirements. All staff must have met minimum education and experience requirements for the position, and be carefully screened for suitability. Offers of employment will be contingent upon successfully passing fingerprint and background checks. Supervision of staff will be the sole responsibility of the contracted agency. The following outlines general training requirements for the position. Victim Advocate/Program Manager. Staff assigned to provide victim/witness services by the contracted agency must complete the Entty Level and Advanced Advocate certification training requirements as established by the California Crime Victims Assistance Association and the California Office of Emergency Services. The contracted agency must provide specific training in domestic violence, sexual assault and stalking for advocates specializing in those areas of concern. Additionally, each advocate must be given no less than 16 hours of in service training each year. The position requires a minimum of five years experience in victim services. The current assigned Victim Advocate/Program Manager has 31 years of experience. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Pay contractor after an invoice is received from the contractor. 2. Negotiate rates with the contractor, as necessmy. 3. Provide overall review of the services. D. WORK PROGRAM/PROJECT SCHEDULE: These services will be conducted within the contract period. It is understandable that some services will continue beyond the contract period if the services are ongoing. These ongoing services will not have any costs that will be assessed beyond the contract period. EXHIBIT A EXHIBIT "B" PaymentSchedule (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 CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULT ANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSUL TANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify 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. I Exhibit B 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B rts '-...::YWaymakers VAWA -Hu11tlngto11 Beach PD January 1, 2025 through December 31, 2025 BUDGET CATEGORY AND LINE ITEM DETAIL 25•25 A, PERSONNEL SERVICES COST SALARIES: Mo, Sa1aey Months FTE Victim Advocate/Project Manager $7,915 10.35 1.00 81,920 TOTAL SALARIES 81,920 BENEFITS: Social Security/Medicare 7.65% 6,267 Workers Compensation Insurance 0.35% 287 State Unemployment Insurance 3.5% on 1st $7,000 per employee. 211 Health Insurance Cost established by Individual employee plan. 5,834 Dental Insurance Cost established by Individual employee plan. 422 Vision Insurance Cost estab\lshed by Individual employee plan. 61 WAYPOINTS -Employer Contribution to Flexible Benefits Plan 1,035 $50/$75/$100 per month based on length of seJVice Basic Life & AD&D $4.35 per monlh per eligible employee. 45 Long Term Dlsab1flly $14.11 pe, month per elfgible employee. 146 Retirement Plan and Admln Fees 4% after 12 mo. of emp!oymenl 3,277 Paid Leave Paid Out (as a Benefit) 918 1% of salary plus appl!cabla payroll taxes (FICA, Workers Comp., ReUrement) 918 1% ofTotal Salary and Wages 819 FICA 63 w.c 3 ReUrement 33 TOTAL BENEFITS 18,503 TOTAL SALARY AND BENEFITS 100,423 B, OPERATING EXPENSES Flnanclal Audit 351 90,000 total agency audit cost X 0.390% Allocated shared cost of agency wide audit conducted under the guldetlnes of 0MB Offlco Expenses 563 663 $ 6.96 per month X 10.35 months Email Subscription 72 $ 37.78 per month X 10.35 months Payroll Subscripl!on 391 $ 2.42 per month X 10.35 months Cyber Security Subse<lpti 25 $ 7.25 per month X 10.35 months Postage 75 Program Related Expenses 425 Office and Program Supplies 41.06 per month X 10.35 months 425 Slaff MIieage -!raining, Case Management 225 226 28.84 miles per month X 10.35 months X $0.67/ mite 200 Subscription for mlleages 2.42 per month X 10,35 monlhs 26 Llablllty Insurance 685 $ 56.52 per month X 10.35 months Local Training 567 $ 567.00 per FTE X 1 person INDIRECT COST: 12,5¼ DE MINIMIS OF MODIFIED TOTAL DIRECT COST (MTDC) 12,892 Waymakers eloc!od to charge 12.5% of the Program MTOG Costs. {less than the approved 15% de M!nlmls indirect rate) 12.5% X MTDC Is calculated as follows: 10% X MTOC {January 25-June 25) and 15% X MTDC (July 25-December 26) 12.5% X $103,139 (MTDC)=$12,892 MTDC= $103 139: Proaram Salaries and Benefits $100 423+ Prooram Direct Ooerallno $2,716 TOTAL OPERATING EXPENSES 15,608 PROJECT TOTAL 116,031 ,e_,Ro® CERTIFICATE OF LIABILITY INSURANCE I OATE{f.lM/ODNYYY) 10/15/2024 ____...., 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 pollcy(ies) must have ADDITIONAL INSURED provisions or be endorsed, If SUBROGATION IS WAIVED, subject to tho 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 cndorsomentis), PRODUCE!t ~i~i~cr Rachael Orman Arthur J. Gallagher Risk Management Services, LLC 500 N Brand Boulevard, Sulle 100 J1J8NJo...Exl), 818-539-9422 I ft}~ No\: 818-539-1510 Glendale CA 91203 ~~cfJ~ss• Rachael Orman@aja.com INSURER'Sl AFFORDING COVERAGE NAIC# ll""'IlS:"11, nona293 INSURER A: Nonnronts' Insurance Alliance of CA 10023 INSURED WAYMAJ<E,01 INSURER o: Service American lndemn\lv Comnanv 39152 Waymakers 440 Exchange, Suite 250 INSU/lERC: Irvine, CA 92602 INSURERD: JNSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER• 1353366788 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE AODL 1SIJl_3_R l,~3M%'(!:ff_ I ,i\27Ji'(~~!'-LIMITS LTR POLICY NUMBER A X COMMERCIAL GENERAL LIABILITY y y 2024-12069 10/1/2024 10/1/2025 EACH OCCURRENCE s 1,000,000 -:J CLAIMS-MADE 0 OCCUR PRE~~~SYd!~1~nro' -S 500,000 MEO EXP 1Mu one pe1son' S 20,000 - PERSONAL & ADV INJURY $1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $3,000,000 ~ □PRO· DLoc PRODUCTS -COMP/OP AGG $3,000,000 POLICY JECT OTHER: $ A AUTOl,lOll!lELIABILITY y y 202•M2069 10/1/2024 10/1/2025 i~"!~d~~1~1NGLE LIMIT S 1,000,000 - X ANY AUTO BOOIL Y INJURY (Per pe1soo) $ -OWNED -SCHEDULED 80Dll Y INJURY (P(lf occidont) $ -AUTOS ONLY -AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ ·-AUTOS ONLY -AUTOS ONLY Comn/Colls!on S 500/$500 A X UMDRELLA UAD ~OCCUR 2024-12069-UMB 10/112024 10/1/2025 EACH OCCURRENCE $2,000,000 - EXCESS LIAO CLAIMS•MAOE AGGREGATE $2,000,000 OED I X I RETENTION s ~ $ B WORKERS COMPENSATION y SAT!S0352404 1011/2024 10/1/2025 X l~f~llJTE I I OTH-ER AND EMPLOYERS' LIABILITY Y/N MIYPROPR!ETOR.IPARTNERIEXECUTIVE □ N/A EL EACH ACCIDENT S 1,000,000 OFFICERIJ.IEMSEREXCLUOEO? {Mandatory In tlH) E.l. DISEASE-EA EMPLOYEE S 1,000,000 ~li~~~j~~ iidgPERATIONS below E,l, DISEASE· POLICY LIMIT S 1,000,000 A ~:~is fun al llab. 2024-12069-DO 101112024 10/1/2026 ~~l~fa~~ege!o/Rol $1M/$1Mf$50,000 A 2024-12069 10/1/2024 10/1/2025 $1,000,000 Doduciib!e: None Aggroga!o $3,000,000 ' DESCRIPTION Of OPERATI0HS /LOCATIONS /VEHICLES (ACORD 101, Addlllon,1 """~' s,1,,,,1,, m,y ,, ,11a<1"d II mo,, 'P"' ,, ,oq,l<Od) \_))~ Nonprofits' Insurance Alliance of CA-A.M. Best#: 011846 Al'PHOVED AS TO FOH Po!ioy: Improper Sexual Conduct Policy/I: 2024-12069 ID'! Policy lerm: 10/1/2024 to 10/1/2025 MICHAELE, OATES Cartier; Nonprofits' Insurance Alliance of CA ·y A'f"fOnNEY Per Claim: $1,000,000, Aggregate: $1,000,000 Cl1 r:ACH Deductible: None CITY or-HUNTINGTON B' See Attached... ' CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE Will BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Clly of Hunlinglon Beach Office of Business Development 2000 Main St. Huntington Beach, CA 92648 I ACORD 25 (2010/03) ·~r·~ © 1988-2015 ACORD CORPORATION, All rlghls reserved, The ACORD namo and logo are registered marks of ACORD AGENCY CUSTOMER ID: -'-W"A""Y"-M"'A"-K-"E'---0'-1'--------------- LOC II: _______ _ ADDITIONAL REMARKS SCHEDULE AG!::NCV UAMEDINSUHEO Arthur J. Gallagher Risk Managemenl Se1vices, LLC Waymakers 440 Exchan~e, Suito 250 POLICY llUMllf:R hvlne, CA 9 602 CARRIER I NAICCOOI; EFFECllVJ:: PATfi: ADDITIONAL REMARKS THIS ADDITIONAL REMARl(S FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Polley: Cybor Llabl!lty Polley/I: ESN0440093234 Poltcy lerm: 10/1/2024 to 10/1/2025 Carrier: Underwriters al Lloyd's, London Aggregate Limit: $2,000,000 RE: 7291 Talbert Ave., Huntington Beach, CA 92648. Page of The City of Hunlington Beach, 11s officers, elected or appointed officials, omployees, agents, and vo\un\cers are named addltlona! Insured on General Uabfllty and Alita Uabllity with, respect to the operations of the named Insured, Ir required by written contract or agreement. The insurance provided In the General Uab!l!ly Is primaIy and any other Insurance shall be excess only, and not contribu!lng. Waiver of Subrogation on General Liability, Auto Uabltlly and Workers' Compensation applles in favor of additional insureds. The umbrella and excess coverage does drop down per occ:urrance and In tho aggregate for general !iabllily, sexual misconduct, and professional liability, ACORD 101 (2008101) © 2008 ACORD CORPDRATION. All rights reserved. The ACORD name and louo are registered marks of ACORD POLICY NUMBER: 2024-12069 Named Insured: Waymakers COMMERCIAL GENERAL LIABILITY CG 20 2612 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-DESIGNATED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organlzatlon(s): City of Hunllngton Beach, its officers, elected or appointed officials, employees, agents and volunteers. Information required to complete this Schedule, if not shown above, will be shown in the Declaralions. A. Section II -Who Is An Insured Is amended to Include as an addlllonal insured lhe person(s) or organization(s) shown In the Schedule, but only wilh respect to liability for "bodily Injury'', "property damage" or "personal and adverllsing Injury'' caused, In whole or In parl, by your acts or omissions or the acts or omissions of those acllng on your behalf: 1. In the performance of your ongoing operallons; or 2. In connecllon wilh your premises owned by or rented to you. However: 1. The Insurance afforded to such addlllonal Insured only applies to the extent permitted by law; and 2. If coverage provided to the addlllonal insured Is required by a contract or agreement, the insurance afforded to such additional Insured will not be broader than that which you are required by the contract or agreement to provide for such additional Insured. B, Wllh respect to the Insurance afforded to these additional insureds, the following Is added to Section Ill -Limits Of Insurance: If coverage provided to the additional Insured Is required by a contract or agreement, the most we will pay on behalf of the addlllonal Insured Is the amount of Insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown In the Declarallons; whichever Is less. This endorsement shall not Increase the applicable Limits of Insurance shown In the Declarallons. CG 20 261219 © Insurance Services Office, Inc., 2012 Page 1 of 1 A Head for Insurance. A Heart for Nonprofits. POLICY NUMBER: 2024-12069 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT FOR PUBLIC ENTITIES This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: A. Section II -WHO IS AN INSURED Is amended to Include: 4. Any public entity as an additional Insured, and the officers, officials, employees, agents and/or volunteers of that public entity, as applicable, who may be named In the Schedule above, when you have agreed In a written contract or written agreement presently in effect or becoming effective during the term of this policy, that such public entity and/or Its officers, officials, employees, agents and/or volunteers be added as an additional lnsured(s) on your policy, but only with respect to liablllty for "bodily Injury", "property damage" or "personal and advertising Injury" caused, In whole or In part, by: a. Your negligent acts or omissions; or b. The negligent acts or omissions of those acting on your behalf; in the performance of your ongoing operations. No such public entity or Individual Is an additional insured for liability arising out of the sole negligence by that public entity or Its designated individuals. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. B. Section Ill -LIMITS OF INSURANCE Is amended to Include: 8. The limits of Insurance applicable to the public entity and applicable individuals identified as an additional lnsured(s) pursuant to Provision A.4. above, are those specified in the written contract between you and that public entity, or the limits available under this policy, whichever are less. These limits are part of and not In addition to the limits of Insurance under this policy. C. With respect to the Insurance provided to the additional lnsured(s), Condition 4. Other Insurance of SECTION tV -COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 4. Other Insurance a, Primary Insurance This Insurance Is primary If you have agreed In a wrltlen contract or written agreement: (1) That this Insurance be primary. If other insurance Is also primary, we will share with all that other insurance as described in c. below; or NIAC-E61 02 19 Page1of2 NONPROFITS INSURANCE ALLIANCE OF CALIFORNIA A Head for /11s11ranco. A Heart for Nonpro/Jts. POLICY NUMBER: 2024-12069 (2) The coverage afforded by this Insurance Is primary and non-contributory with the additional lnsured(s)' own Insurance. Paragraphs (1) and (2) do not apply to other Insurance to which the addltlonal lnsured(s) has been added as an addltlonal Insured or to other Insurance described In paragraph b. below. b. Excesslnsurance This Insurance Is excess over: 1. Any of the other Insurance, whether primary, excess, contingent or on any other basis: (a) That Is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work 11 ; (b) That Is fire, lightning, or explosion Insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That Is Insurance purchased by you to cover your liability as a tenant for "property damage" to premises temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of SECTION I -COVERAGE A-BODILY INJURY AND PROPERTY DAMAGE. (e) Any other Insurance available to an additional lnsured(s) under this Endorsement covering liability for damages which are subject to this endorsement and tor which the additional lnsured(s) has been added as an additional Insured by that other Insurance. (1) When this Insurance Is excess, we will have no duty under Coverages A or B to defend the additional lnsured(s) against any "suit" If any other Insurer has a duty to defend the additional lnsured(s) against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the additional lnsured(s)' rights against all those other Insurers. (2) When this Insurance Is excess over other Insurance, we will pay only our share of the amount of the loss, If any, that exceeds the sum of: (a) The total amount that all such other Insurance would pay for the loss in the absence of this Insurance; and (b) The total of all deductible and self-Insured amounts under all that other Insurance. (3) We will share the remaining loss, If any, with any other insurance that is not described In this Excess Insurance provision and was not bought specifically to apply In excess of the Limits of Insurance shown In the Declarations of this Coverage Part. c. Methods of Sharing If all of the other insurance available to the addlllonal insured(s) permits contribution by equal shares, we will follow this method also. Under this approach each Insurer contributes equal amounts until it has paid Its applicable limit of Insurance or none of the loss remains, whichever comes first. If any other the other Insurance available to the additional lnsured(s) does not permit contribution by equal shares, we will contribute by limits. Under this method, each Insurer's share Is based on the ratio of Its applicable limit of Insurance to the total applicable limits of Insurance of all Insurers. NIAC-E61 02 19 Page 2 of 2 POLICY NUMBER: 2024-12069 COMMERCIAL AUTO CA04441013 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 lhe following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM Wilh respect lo coverage provided by !his endorsement, lhe provisions of lhe Coverage Form apply unless modified by !he endorsement. This endorsement changes lhe policy effective on the inception dale of lhe policy unless anolher dale is indicated below. Named Insured: Waymakers Endorsement Effective Date: 10/1/2024 Name(s) Of Person(s) Or Organlzation(s): SCHEDULE Any person or organization wilh whom you have a wrillen contract currently in effect or becoming effective during the term of !his policy. Information reaulred to comolete !his Schedule, if not shown above, will be shown in lhe Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organizalion(s) shown in the Schedule, but only to ti,e extent that subrogation is waived prior to the "accident" or the 11 loss 11 under a contract with !hat person or organization. CA 04 4410 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) 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 per- form work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be See Ile low% of the California workers' compensation premium otheiwise due on such remuneration. Schedule Person or Organization City of Huntington Beach Office of llusiness Development Job Description 2000 Main St. Huntington Beach, CA 92648 Specific Waiver is $200 Flat Charge This endorsement changes the policy to which it is altached and is effective on the date Issued unless otheiwise stated. (Tho information below Is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement EHective Date: 10/01/2024 Policy No. SATIS0352404 Policy Effective Date: 10/01/2024 to 10/01/2025 Insured: Waymakers OBA: Carrier Name/Code: Service American Indemnity Company Endorsement No. Premium$ Countersigned by _____________ _ WC 04 03 06 (Ed. 4-84) Page 1 of 1 POLICY NUMBER: 2024-12069 NAMED INSURED: Waymakers FORM: NIAC-E26 1117 A Head for lnsUta11ca. A Hoarl for Nonprofits, THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS (WAIVER OF SUBROGATION) This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SOCIAL SERVICE PROFESSIONAL LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: Where you are so required In a written contract or agreement currently In effect or becoming effective during the term of this policy, we waive any right of recovery we may have against that person or organization, who may be named In the schedule above, because of payments we make for injury or damage. NIAC-E26 11 17 Page 1 of 1 1~1 NONPROFITS 1 INSURANCE I Al.LIANCf: OF CAUfORNIA 11 Head for l11sura11ce, A Heart for Nonprofits, NONPROFITS INSURANCE ALLIANCE OF CALIFORNIA (NIAC) www.insurancefornonproflts.org BUSINESS AUTO COVERAGE ADDITIONAL INSURED/LOSS PAYEE EXTENSION POLICY NUMBER: 2024-12069-NPO NAME OF INSURED: Waymakers ADDITIONAL INSUREDS / LOSS PAYEE Additional Insured· NIAC A1 City of Hunllngton Beach 2000 Main St. Hunllngton Beach, CA 92648 As respecls vehicle(s): ALL Addlllonal Insured -NIAC A 1 City of Irvine c/o Eblx RCS P.O. Box 257 Porlland, Ml 48875 As respects vehlcle(s): ALL Addillonal Insured -NIAC A 1 City of Irvine c/o EXIGIS Risk Management Services P.O. Box 947 Murrieta, CA 92564 As respecls vehlcle(s): ALL Addillonal Insured -NIAC A1 City of Irvine, California c/o: Exigls LLC P.O. Box 4668 ECM #35050 New York, NY 10168 As respects vehlcle(s): ALL Addillonal Insured -NIAC A 1 City of Irvine, ils Officers, Employees, Agents, Volunteers and Representallves, One Civic Center Plaza P.O. Box 19575 Irvine, CA 92623 As respecls vehlcle(s): ALL Additional Insured -NIAC A 1 City of Newport Beach, Insurance Compliance P.O. Box 100085 -FV Duluth, GA 30096 As respects vehlcle(s): ALL COUNTERSIGNED: 10/1/2024 NIAC -SCHEDULE Al -NPO BY Schedule Al Page 1 (AUTHORIZED REPRESENTATIVE) A Head for Insurance, A Heart/or Nonprofits. NONPROFITS INSURANCE ALLIANCE OF CALIFORNIA (NIAC) www.lnsurancefornonprofits.org BUSINESS AUTO COVERAGE ADDITIONAL INSURED/LOSS PAYEE EXTENSION POLICY NUMBER: 2024-12069-NPO NAME OF INSURED: Waymakers ADDITIONAL INSUREDS / LOSS PAYEE Addition al Insured • NIAC A 1 County of Orange HCA Contract Development & Management 405 W. 5th Street, 6th Floor Santa Ana, CA 92701 As respects vehlcle(s): ALL Additional Insured -NIAC A 1 The City of Irvine 1 Civic Center Plaza Irvine, CA 92606 As respects vehicle(s): ALL COUNTERSIGNED: 10/1/2024 NIAC • SCHEDULE Al • NPO BY Schedule Al Page 2 (AUTHORIZED REPRESENTATIVE) ACORD® CERTIFICATE OF LIABILITY IN SURANC E I DATE (MM/DD/YYYY) ~ 10/15/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTI FICATE 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 IS SU ING INSU RER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL IN SURED provis ions 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 ~2~~~cT Rachael Orman Arthur J . Gallagher Risk Management Services, LLC f.~~NJ. "v"• 818-539-9422 I r.o~ Nol: 818-539-1510 500 N Brand Boulevard, Sui te 100 Glendal e CA 91203 i~DAJ~ss: Rachael Orman@aia.com INSURER/SI AFFORDING COVERAGE NAIC # License#: OD69293 INSURER A: Nonprofits' Insurance Alliance of CA 10023 INSURED WAYMAKE-01 INSURER B: Service American l ndemnilv Comoanv 39152 Waymakers INSURER C: 440 Exchange, Suite 250 I rvine , CA 92602 INSURER D: INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER· 1353366788 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSU RED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W ITH RESPECT TO WHICH THIS CERTI FICATE MAY BE I SSUED OR MAY PERTAIN, THE INSURANCE AFFORD ED BY THE POLICIES DESCRIBED HEREIN IS SU BJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SH OWN MAY HAVE B EEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR ,tSM%~ ,tSI-J%~ LTR TYPE OF INSURANCE l mon u••n POLICY NUMBER LIM ITS A X COMMERCIAL GENERAL LIABILITY y y 2024-12069 10/1/2024 10/1/2025 EACH OCCURRENCE S 1 ,000,0 00 >-=i CLAIMS -MA DE 0 OCCUR DAMAGE TO RE NTED PREMISES /Ea occu rrence\ $500,000 >-MED EXP (Any one person) $20,000 >-PERSONAL & ADV INJURY S 1,000 ,000 GEN'L AGGREGATE LIM IT APPLIES PER: GENERAL AGGREGATE $3,000,000 p:] □PRO-D Loc PRODUCTS · COMP/OP AGG $3,000,000 POLICY JECT OTHER: s A AUTOMOBILE LIABILITY y y 2024-12069 10/1/2024 10/1/2025 COMBINED SINGLE LIMIT $1,000,000 /Ea accidenll X AN Y AUTO BODILY INJURY (Pe r person) s >-OWNED ~ SCHEDULED BODILY INJURY (Per accident) s >-AUTOS ONLY AUTO S X HIRED X NON-OWNED PROPERTY DMIAGE s AUTOS ONLY AUTOS ONLY /Per accidenll >- Como/Collsion $500/$500 A X UMBRELLA LIAB MOCCUR 2024-12069-UMB 10/1/2024 10/1/2025 EACH OCCURRENCE $2,000,000 - EXCESS LIAB CLAIMS-MADE AGGREG ATE $2,000,000 DED I X I RETENTION s I\ s B WORKERS COMPENSATION y SATIS0352404 10/1/2024 10/1/2025 X I ~ffTuTE I I OTH -ER AND EMPLOYERS' LIABILITY Y/N ANYPROPRIETORIPARTNER/EXECUTIVE □ N IA E.L. EACH ACCIDENT S 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NHI 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 Fid uciary 2024-12069-DO 10/1/2024 10/1/2025 W:rtf.~~egate/Ret $1M/$1M/$50,000 A Professional Llab. 2024-12069 10/1/2024 10/1 /2025 $1,000,000 Deductible: None Aggregate $3,000,000 " ""'"'=' o, o,,,,,,.,,, ,o~><o,s , ""'"" 1,00,0 m, ="•~• ~=•• """""· • ., ~ ,,,,_, """' •~"" "'"'"'' LY\ Nonprofits' Insurance Alliance o f CA· A.M. B est#: 011845 APPROVED AS TO FORM Policy: Improper Sexual Conduct P olicy#: 2024-12069 §.y' Policy term: 10/1/2024 to 10/1/2025 . C I -IAE L E GATES Carrier: N onprofits' Ins urance A lliance of CA Ml . . · EV Per C la im: $1,000,000, Aggregate: $1,000,000 C l1 Y A fTORN CH D eductible: N one CITY OF HUN TINGTON BEA See Attached ... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANC ELLED BEFORE THE EXPIRATI ON DATE T HEREOF, NOTICE W ILL BE DELIVERED IN C ity of Huntington B each A CCORDANCE WITH THE POLICY PROVISIONS. Office of B u sin ess Deve lopment 2000 Main S t. A~l::p¼ Huntington Beach, CA 92648 I © 1988-2015 A CORD C ORPORATION. All rights r eserved. ACORD 25 (2016/03) The ACORD name a nd l ogo are r e gistered marks of ACORD AGENCY CUSTOMER ID: _W_A_Y_M_A_K_E_-_01 ______________ _ LOC #: _______ _ ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED Arthur J. Gallagher Risk Management Services, LLC Waymakers 440 Exchange, Suite 250 POLICY NUMBER Irvine, CA 92602 CARRIER I NAICCODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FDRM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Policy: Cyber Liability Policy#: ESN0440093234 Policy term: 10/1/2024 to 10/1/2025 Carrier: Underwriters at Lloyd's, London Aggregate Limit: $2,000,000 RE: 7291 Talbert Ave., Huntington Beach, CA 92648. Page of The City of Huntington Beach, its officers, elected or appointed officials, employees, agents, and volunteers are named additional insured on General Liability and Auto Liability with, respect to the operations of the named insured, if required by written contract or agreement. The insurance provided in the General Liability is primary and any other insurance shall be excess only, and not contributing. Waiver of Subrogation on General Liability, Auto Liability and Workers' Compensation applies in favor of additional insureds. The umbrella and excess coverage does drop down per occurrence and in the aggregate for general liability, sexual misconduct, and professional liability. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 2024-12069 Named Insured: Waymakers COMMERCIAL GENERAL LIABILITY CG 20 26 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of Huntington Beach , its officers, elected or appointed officials, employees, agents and volunteers. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who ls An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury'' caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 12 19 © Insurance Services Office, Inc., 2012 Page 1 of 1 A Head for Insurance. A Heart for Nonprofits. POLICY NUMBER: 2024-12069 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT FOR PUBLIC ENTITIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: A. Section II -WHO IS AN INSURED is amended to include: 4. Any public entity as an additional insured, and the officers, officials, employees, agents and/or volunteers of that public entity, as applicable, who may be named in the Schedule above, when you have agreed in a written contract or written agreement presently in effect or becoming effective during the term of this policy, that such public entity and/or its officers, officials, employees, agents and/or volunteers be added as an additional insured(s) on your policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: a. Your negligent acts or omissions; or b. The negligent acts or omissions of those acting on your behalf; in the performance of your ongoing operations. No such public entity or individual is an additional insured for liability arising out of the sole negligence by that public entity or its designated individuals. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. B . Section Ill -LIMITS OF INSURANCE is amended to include: 8. The limits of insurance applicable to the public entity and applicable individuals identified as an additional insured(s) pursuant to Provision A.4. above, are those specified in the written contract between you and that public entity, or the limits available under this policy, whichever are less. These limits are part of and not in addition to the limits of insurance under this policy. C . With respect to the insurance provided to the additional insured(s), Condition 4. Other Insurance of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 4. Other Insurance a. Primary Insurance This insurance is primary if you have agreed in a written contract or written agreement: (1) That this insurance be primary. If other insurance is also primary, we will share with all that other insurance as described in c. below; or NIAC-E61 02 19 Page 1 of 2 A Head for Insurance. A Heart for Nonprofits. POLICY NUMBER: 2024-12069 (2) The coverage afforded by this insurance is primary and non-contributory with the additional insured(s)' own insurance. Paragraphs (1) and (2) do not apply to other insurance to which the additional insured(s) has been added as an additional insured or to other insurance described in paragraph b. below. b. Excesslnsurance This insurance is excess over: 1. Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (b) That is fire, lightning, or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of SECTION I -COVERAGE A-BODILY INJURY AND PROPERTY DAMAGE. (e) Any other insurance available to an additional insured(s) under this Endorsement covering liability for damages which are subject to this endorsement and for which the add itional insured(s) has been added as an additional insured by that other insurance. (1) When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured(s) against any "suit" if any other insurer has a duty to defend the additional insured(s) against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured(s)' rights against all those other insurers. (2) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self-insured amounts under all that other insurance. (3) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Methods of Sharing If all of the other insurance available to the additional insured(s) permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any other the other insurance available to the additional insured(s) does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. NIAC-E61 02 19 Page 2 of 2 POLICY NUMBER: 2024-12069 COMMERCIAL AUTO CA 04 4410 13 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 coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Waymakers Endorsement Effective Date: 10/1/2024 SCHEDULE Name(s) Of Person(s) Or Organization(s): Any person or organization with whom you have a written contract currently in effect or becoming effective during the term of this policy. Information required to complete this Schedule, if not shown above, 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 waived prior to the "accident" or the "loss" under a contract with that person or organization. CA04441013 © Insurance Services Office, Inc., 2011 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) 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 per- form work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be See Below% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization City of Huntington Beach Office of Business Development Job Description 2000 Main St. Huntington Beach, CA 92648 Specific Waiver is $200 Flat Charge This endorsement changes the policy to which it is attached and is effective on the date issued unless otheiwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Date: 10/01/2024 Policy No. SATIS0352404 Policy Effective Date: 10/01/2024 to 10/01/2025 Insured: Waymakers OBA: Carrier Name I Code: Service American Indemnity Company Endorsement No. Premium$ Countersigned by ______________ _ WC 04 03 06 (Ed. 4-84) Page 1 of 1 POLICY NUMBER: 2024-12069 NAMED INSURED: Waymakers FORM: NIAC-E26 11 17 A Head for Insurance. A Heart for Nonprofits. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SOCIAL SERVICE PROFESSIONAL LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: Where you are so required in a written contract or agreement currently in effect or becoming effective during the term of this policy, we waive any right of recovery we may have against that person or organization, who may be named in the schedule above, because of payments we make for injury or damage. NIAC-E26 11 17 Page 1 of 1 A Head for Insurance. A Heart for Nonprofits. NONPROFITS INSURANCE ALLIANCE OF CALIFORNIA (NIAC) www.insurancefornonprofits.org BUSINESS AUTO COVERAGE ADDITIONAL INSURED/LOSS PAYEE EXTENSION POLICY NUMBER: 2024-12069-NPO NAME OF INSURED: Waymakers ADDITIONAL INSUREDS / LOSS PAYEE Additional Insured -NIAC A 1 City of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 As respects vehicle(s): ALL Additional Insured -NIAC A 1 City of Irvine c/o Ebix RCS P.O. Box 257 Portland , Ml 48875 As respects vehicle(s): ALL Additional Insured -NIAC A1 City of Irvine c/o EXIGIS Risk Management Services P.O. Box 947 Murrieta, CA 92564 As respects veh icle(s): ALL Additional Insured -NIAC A1 City of Irvine, California c/o: Exigis LLC P.O. Box 4668 ECM #35050 New York, NY 10168 As respects vehicle(s): ALL Additional Insured -NIAC A1 City of Irvine, its Officers, Employees, Agents, Volunteers and Representatives, One Civic Center Plaza P.O. Box 19575 Irvine, CA 92623 As respects vehicle(s): ALL Additional Insured -NIAC A 1 City of Newport Beach, Insurance Compliance P.O. Box 100085 -FV Duluth, GA 30096 As respects vehicle(s): ALL COUNTERSIGNED: 10/1/2024 NIAC -SCHEDULE Al -NPO BY Schedule Al Page 1 (AUTHORIZED REPRESENTATIVE) A Head for Insurance. A Heart for Nonprofits. NONPROFITS INSURANCE ALLIANCE OF CALIFORNIA (NIAC) www.insurancefornonprofits.org BUSINESS AUTO COVERAGE ADDITIONAL INSURED/LOSS PAYEE EXTENSION POLICY NUMBER: 2024-12069-NPO NAME OF INSURED: Waymakers ADDITIONAL INSUREDS / LOSS PAYEE Additional Insured -NIAC A1 County of Orange HCA Contract Development & Management 405 W. 5th Street, 6th Floor Santa Ana, CA 92701 As respects vehicle(s): ALL Additional Insured -NIAC A 1 The City of Irvine 1 Civic Center Plaza Irvine, CA 92606 As respects vehicle(s): ALL COUNTERSIGNED: 10/1/2024 NIAC -SCHEDULE Al -NPO BY Schedule Al Page 2 (AUTHORIZED REPRESENTATIVE) City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-162 MEETING DATE:4/1/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager VIA:Eric Parra, Chief of Police PREPARED BY:Kimberly Rodriguez, Management Analyst Subject: Approve contract for street sweeping enforcement with Universal Protection Services,LP, DBA Allied Universal Security Services Statement of Issue: Street sweeping plays a vital role in reducing pollution,removing debris,preventing storm drain clogs,and enhancing the appearance of the City’s 1,121 miles of residential and commercial streets. To ensure the effectiveness of street sweeping,enforcement must be both efficient and consistent. However,low staffing levels and other factors have previously limited the City’s ability to achieve full enforcement.Outsourcing street sweeping enforcement increases citation coverage and allows full- time City employees to focus on other essential community services. In July 2024,the City issued a Request for Proposal for street sweeping enforcement services. Seven companies submitted proposals before the August deadline.Allied Universal Security Services was identified as the most qualified company to continue providing street sweeping enforcement services for the City of Huntington Beach. Financial Impact: Over three years, the total amount of this contract is $1,392,753. Annual costs for services are $448,639 for year 1, $463,906 for year 2, and $480,208 for year 3. Sufficient appropriations are budgeted in the current fiscal year in the Police Department. Funds for future years will be budgeted accordingly. Recommended Action: Approve and authorize the Mayor and City Clerk to execute the "Service Agreement Between the City of Huntington Beach and Universal Protection Services, LP OBA Allied Universal Security for Street Sweeping Enforcement Services" in an amount not to exceed $1,392,752.79 over a three-year term. Alternative Action(s): City of Huntington Beach Printed on 3/26/2025Page 1 of 2 powered by Legistar™ File #:25-162 MEETING DATE:4/1/2025 Do not approve, and direct staff accordingly. Analysis: Street sweeping enforcement is essential for maintaining clean streets and ensuring compliance with parking regulations. In the past, Parking Control Officers were frequently redirected from street sweeping enforcement to respond to other high-priority calls, including citizen complaints, increased community events, and parking-related issues. By continuing to contract with a private company, the City can ensure dedicated enforcement coverage while allowing existing personnel to focus on quality-of-life issues, citizen concerns, and other pressing community priorities. In July 2024, the City issued a Request for Proposal (RFP) for street sweeping enforcement services. Following a comprehensive evaluation of submitted proposals and a cost-benefit analysis comparing in-house enforcement, it has been determined that Allied Universal Security Services provides the best value to the City. The initial annual cost for services is $448,639, with projected costs of $463,906 in year two and $480,208 in year three. This represents a cost-effective approach compared to maintaining the service in-house while ensuring consistent enforcement. Allied Universal will continue using fuel-efficient vehicles that match the City's current fleet branding. They utilize advanced technology and data analytics to optimize enforcement operations, improve monitoring, and enhance service delivery. This approach aligns with the strategic goals of the Department and the City, ensuring greater efficiency and effectiveness. The Huntington Beach Police Department is actively collaborating with Allied Universal leadership to establish enforcement expectations, outline route details, and specify service requirements. Through their proposal, interview process, and ongoing services, they have shown their ability and commitment to meeting the City's needs while improving customer service. No City staff will be laid off as a result of this contract. It is recommended that the City Council approve a service agreement with Allied Universal Security Services for citywide street sweeping enforcement, with a three-year term and a not-to-exceed amount of $1,392,753. Environmental Status: Not applicable. Strategic Plan Goal: Goal 8 - Public Safety, Strategy A - Community-wide comprehensive risk reduction program to optimize public safety's emergency response and reduce the number of calls. Attachment(s): 1.Allied Universal Protection Services Agreement City of Huntington Beach Printed on 3/26/2025Page 2 of 2 powered by Legistar™ SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND UNIVERSAL PROTECTION SERVICE, LP DBA ALLIED UNIVERSAL SECURITY SERVICES (AUSS) FOR STREET SWEEPING ENFORCEMENT SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of I luntington Beach, a municipal corporation of the State of California, hereinafter called "City," and Universal Protection Service, LP OBA Allied Universal Security Services (AUSS), a California limited partnership 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: l. 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 (VASS), who shall represent it and be its sole contact and agent in all consultations with City during the performance of this Agreement. 2. Citv Staff Assistance City shall assign a staff coordinator to work directly with Contractor in the performance of this Agreement. 24-15624/362343 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 Forty-Eight Thousand Six Hundred Thirty-Eight Dollars and Sixty Cents ($448,638.60) during the first year of the contract, Four Hundred Sixty Three Thousand Nine Hundred Five Dollars and Seventy Nine Cents ($463,905.79) during the second year of the contract, and Four Hundred Eighty Thousand Two Hundred Eight Dollars and Forty Cents ($438,208.40) 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 Three Hundred Ninety-Two Thousand Seven Hundred Fifty Two Dollars and Seventy Nine Cents ($1,392,752.79). 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 fmth 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 I, 2025, or as soon as practicable after the execution of this Agreement by City (the "Commencement Date") and terminate December 31, 2027, 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, repmts, both field and office notices, calculations, computer code, language, date or programs, maps, memoranda, letters and 24-15624/362343 2 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 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 24-15624/362343 3 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 ($1,000,000) per occul'l'ence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($ I ,000,000) for this Project/Service. This policy sliall 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 oflnsurance 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 cettificate 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 fmih in 24-15624/362343 4 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, 24-15624/362343 5 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 wrillen consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior wrillen 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 Emplovees and Officials Contractor shall employ no City official nor any regular City employee in the work performed pursuant lo this Agreement. No officer or employee of City shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 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 24-15624/362343 Contractor: Universal Protection Service, LP DBA Allied Universal Security Services Attn: Steve Claton 450 Exchange Irvine, CA 92602 6 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. Intc1·pretation 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 paiiies. 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 paiiies 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. 24-15624/362343 7 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, anceslly, 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. 24-15624/362343 8 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. 24-15624/362343 9 (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set fo11h in the body of this Agreement. 35. Effective Date IN WITNESS WHEREOF, the pa11ies hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the Mayor. This Agreement shall expire when terminated as provided herein. CONTRACTOR Universal Protection Service· , LP DBA Allied Universal Security Services By:----,. ... ~~--=~~- Steve Claton Print name ITS: (circle one) Chairma Vice President ---- AND By: ____________ _ Print name ITS: ( circle one) Secretary /Chief Financial Officer/ Asst. Secretary-Treasurer 24-15624/362343 10 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk REVIEWED AND APPROVED: City Manager 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 eqnipped 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 ofa 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 EXHIBIT A 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 vehicle 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 dale 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 ofinvent01y. • 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 (I) 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 driver-side and passenger-side doors, and have must include the phrase "Under contract with The City of Huntington Beach" in six-ineh (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 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 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 Mmiin 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, CONTRACTOR'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 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 \racking 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 V chicles 5 EXHIBIT 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 repo1is 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, elate 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 Local regulations pertaining to street sweeping enforcement equipment operation. 6 EXHIBIT A CONTRACTOR shall provide all necessary operational information and data that may be required to complete the reporting requirements of any legally established regulatmy 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: • OPS 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. Ifthere 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 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 sh01ts 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 (I) 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 (I) 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 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONTRACTOR'S fees for such services shall be based upon the following hourly rate and cost schedule: SEE ATTACHED EXHIBIT B B. Billing I. All billing shall be done monthly for services completed the prior month. 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. 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 the number of citations written, complaints received, miles driven, or other mutually agreed upon details. 4. Upon request of CITY, CONTRACTOR shall submit the following: A) GPS Data B) Routes completed C) Complaint log 5. Upon submission of any such invoice, if CITY is satisfied that CONTRACTOR 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 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. 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. 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). 2. Poor results. 3. 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. Security Professional-Regular Site Supm':isor-Regular Sub-Total Direct Bills (Estimate) iHolida •s :Grand Total EXHIBITB City of Huntington Beach Parking Rate Card and Total Spend~ Year 1 Site [Huntington Beach -Street Sweep~ !Hw1tington Beach -Street Sweep5 HPW 160 40 200 Wage Rate S20.00 S2S.50 Bill Rate $40.60 S51.77 Holiday/ OT Rate S60.90 S77.66 Annual Cost $337,792.00 SJ0J,681.60 S-U5,473.60 MinualCost S3,l65.00 ! $3,165.00 i S.US,638.60 I 1. REQUIREMENT: Provide unarmed, uniformed professional security officers who are capable of exercising good judgment, will be highly visible at all times, deter crime, and peliom1 other duties as outlined by the client. 2. SCHEDULE: NIA NIA 4 Officers 4 Officers 4 Officers 4 Officers NIA NIA 1 Officer 1 Officer ·1 Officer 1 Officer 3. BUDGET ESTIMATE: Patrol Officer 160 $41.82 $62.73 $29,352.06 $352 224.77 520.50 Patrol Su ervisor 40 553.04 $79.56 S9 306.75 $111681.02 S26.00 SO.DO SD.OD $0.00 SO.OD $0.00 SO.OD $0.00 SO.DO $0.00 SO.OD $0.00 Sub Total Labor 200 $ 38 658.82 $463 905.79 Grand Total ( incl. Equipment) $ 38,658.82 $463,905.79 3. BUDGET ESTIMATE: Patrol Officer 160 $43.36 $65.04 $30 431.18 $365174.21 S2U5 Patrol Supervisor 40 $54.63 $81.95 $9,586.18 $-115,034.19 $26.65 SO.DO $0.00 $0.00 SO.DO $0.00 SO.OD $0.00 SO.OD $0.00 SO.DO $0.00 Sub Total ( Labor) 200 $ 40,017.37 $480,208.40 Grand Total ( incl. Ec1uipment) $40,017.37 $480,208.40 INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST 1. Requested : Risk Management 2. Date: February 6, 2025 3. Name of contractor/permittee: Allied Universal Topco. LLC 4 . Description of work to be performed: Street Sweeping Enforcement 5. Value and length of contract: $1,929,541 .59 -(1) Year Term 6 . Waiver/modification request: $1.75 Million SIR on General Liability 7. 8. Reason for request and why it should be granted: See attached financials. Identify the risks to the City in r ro'Jtiiglli waiver/modification:Low Department Head Signature APPROVALS Approvals must be obtained In the order listed on this form . Two approvals are required for a request to be granted. Approval from the City Administrator's Office is only required if Risk Man.agement and the City Attorney' Office disagree. 1. Risk Management 2. 3. ~pproved D Denied -P-£--•~~7:..______ ) ., V dJ Date ~ttorney's Office Approved D Denied ~~ 3-s-£ Signature Date City Manager's Office D Approved D Den ied Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Human Resources Waiver Form Ac5!--RD"' CERTIFICATE OF LIABILITY INSURANCE I DATE {MM/DDIYYVY) 02/03/2025 .------, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDE:R. 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. IMPORTANI: If the certificate holder ls an AODlTIONAL INSURED, the pollcy{las) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of tho policy, certain policies may require an endorsement. A statement on this certificate does not confer rlAhls to the certificate holder in lieu of such ondorsement(s). PRODUCER CONTACT Marsh I U.S. Ooeratioos MARSH USA LLC HANE1 30 South 17th Street l>_tiQNE _ .. 866-866~664 I r,e~ Ho\: Pliladelph\a, PA 19103 ~~.A!L-. PhlladelJ)h\a.Certs@ma1sh.com A Un: Phfadelph!a.certs@ma1sh.com I Fax: (212) 948-0360 INSURER/$\ AFFORDING COVERAGE HAIC# CN118025105-All.STAND·25-26 INSURER A: Indian ua~AO 10~11ra~nn ,..nmnaflY 36940 ltlSURED INSURER B: GreeovAch Insurance Companv 22322 Allled Uolvorsal Topoo, LLC (See Allachecl for Acldtional Named Insureds) INSURER C: "'' . • e.in,. 24554 161 Washinglon Street, Suile600 INSURER 0: 0 ... ~"lo•"· 43575 Conshohocken, PA 19428 INSURER E: vi ·---.... 37885 INSURERF: COVERAGES CE:RTIFICATE NUMBER• CLE.-O(l6502213 28 REVISION NUMBER• 13 THIS IS TO CERllFY 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. l,NJ,tt TYPE Of INSURANCE .6.0DL SUBR ,&!=?h!g'L~ ,~a76ix~if,. LIMITS POLICY NUMBER A l COMMERCIAL GENF.RAL LIABILITY RES94379M05 01/01/2025 01/0W026 EACH OCCURRENCE $ 30,000,000 -:J ClAIMS•MADE 0 OCCUR ~~,~~~J?fa~1?once\ $ 30,000,000 X CONTRACTUAL LIABILITY MEO EXP {Any one person) $ - ~ S1RS1750000 PERSONAL &ADV INJURY $ 30,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAtAGGREGATE $ 55,000,000 p:i r01.,cv □ )rl?, w ,oc PRODUCTS· COMP/OP AGG $ 55,000,000 OTHER: $ B AUTOMOBILE LIABILITY RAD943781808 01/0112025 01/0W026 ~~!~d~l~lNGtE LIMIT $ 5,000,000 - X ANVAUTO BOO!L y INJURY (Per pe{SOO) $ -OWNED ,...._ SCHEDULED AUTOS ONLY AUTOS BOOIL Y INJURY (Per aOOdenl} $ ~ HIRED -NON•OWNED iiROPERTYOM\AGE $ f--AUTOS ONLY -AUTOS ONLY Pet aoc!den\l s D UMBRELLALIAB P"iOCCUR XSM G72500027 005 01/01/2025 01/01/2026 EACH OCCURRENCE s 10,000,000 ~ X EXCESSLIAB CLA!MS·MAOE Exooss or General Uab~ity, AGGREGATE $ 10,000,000 OED I I RETENTION s Auto Liability, and Workers' Comp s C WORKERS COMPENSATION RW0300120309 (AOS) 01/01/2025 01I01n026 x I ~'ff10Te I 101tt- AND EMPLOYERS' LIJ\BILITY ER C YIN RWR300120409 (WI) 01/01/2025 01/01/2026 AN'tPROPRIETORIPARTNER.IEXECUTIVE [ii] E.l. EACH ACCIDENT s 1,000,000 E OFFICER/MEM8EREXCLUDED? N/A 01/01/2025 01/0112026 (Mandatory rn NH) RWE943548209 (CA. OH) E,l. DISEASE -EA EMPLOYEE $ 1,000,000 gltt~iJ;jf8~ inlgPERATIONS below E.L DISEASE~ POLICY UMlT s 1,000,000 A Profess.Iona! llabi!ity RES943799405 01/01/2025 01Al1/2026 Claim 2,000,000 SIR:$1,750,000 Aggregate 2,000,000 DESCRIPTION OF OPERAllONS I LOCATIONS IVE!l!CLES (ACORD 101, AddlUonal Remarks Schedule, may be attached If moro spa«i ls required) The City of Hun6nglon Be.acil, its officers, elected or appointed officials, emplo~-ees, agenls, and volunteers are !ncl~d'ed as addi6ooal Insured (except workers' compensallon and crime) where required by written contract. llab(rty covetage shall be primary and non<.001ributoryWM(e re1:1ulred by written con\Jacl. 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 Altn: David Oernszynskl THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 Malo Street ACCOROANCE WllH nlE POLICY PROVISIONS. HuntinQton Beach, CA 92648 AUTHORIZED REPRESENT ,6. TIVE I ~ ==.-~e © 1988-2016 ACORD CORPORATION. All rlghls rese,ved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER 10: _C"-N'-'--'11-._-8c-0,-25--_1-._-0c-5c__ ___________ _ LOC 11: Philadelphia ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED MARSH USA llC Nlfed Uoiversal Topoo, LLC (See Attached fOf Adcf\lonal Named Insureds) POLICY NUMBER 161 Washloglon Street. Suite 600 Conshohocken, PA 19428 CARRIER I NAICCODI: EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Llablllty Insurance Excess Workers' CompensaOOO Pdfty No.: RVJE9435◄8209 Insurer. XL Speelalty lns!Jf.ince company Effective Oates: 1/1/2(125 • 111/2026 limit: Employers liability Eadi Acddenl: S 1,000,000 Employe1s liablMy Olsease•Pollcy Liml $1,000,000 Empfoyeis llab!lty Oisease-Eacil Em~-ee: St ,000,000 S!R:$1,000,000 Crime Pol(;)' No.: 01-468-22-~6 lnsU!er. National Union Fire IRsuranceCo. Effective Dales: 08/15J2{124 • 08115/W25 Urnlt Employee Theft« Dlshooesty; $2,000,000 Cl:en!S' Property: $2,000,000 DedlfCtibl&: $750,000 Oxttraclocs Pollution Llebi!ity PoUcyNo.:CPO13303734 lnsuter. Commerce and lndusllyfnsurante C,ompany Effectivri Dales: 01/01/2024 ~ 01/01/2026 limit: $5,000,000 Deductible: $250,000 The General Uability and Profe.skina! UabHypoiclese.-idMced above sha1e !n lhe liml!s sho>Ml, The Fmi!s do not apply separatclyto lhe ir.dMdaal 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 ENDORSEMENT 11181 This endorsement, effective on 01/01/2025 at 12:01 A.M. standard time, forms a part of Polley No. RES943799405 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 Additional Insured Person(s) or Organlzatlon(s) City of Huntington Beach, its officers, elected or appointed offlclals, employees agents and volunteers 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 11 • Who Is an Insured Is amended to Include as an additional Insured the person(s) or organlzatlon(s) shown In the Schedule,_ but only with respect to liability for "bodily Injury", "property damage" or "personal and advertising Injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional Insured only applies to the extent permitt~d by law; and 2. If coverage provided to the additional Insured Is required by a contract or agreement, the Insurance afforded to such addltlonal 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 addltlonal Insureds, the following Is added to Section 111 • Limits of tnsurancl!: 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 : MANUS @ 2025 X, l. America Inc. NI Rights Reserved May not be copied without permission lncludas copy,lghted material of lnsuranc<l Services OfOce, Inc. with Its permission 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 Declaratlons. All other terms and conditions of the policy remain the same. MANUS @ 2025 X, L. America Inc. All Rights RC!servcd May not be copfod wlthout pennisslon Includes copyr}8hted materlal of Insurance sc,vlrns Office, Inc. wllh Its permission ENDO,RSEMENT 11050 This endorsement, effective on 01/01/2025 at 12:01 A .M. standard time, forms a part of Polley No. RES943799405 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 insurance provided by the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. SECTION II -Who Is an Insured Is amended to Include as an additional insured a person(s) or organlzation(s) who Is required to be added by written contract or written agreement which does not require that a specific form humber be used. B, The Insurance provided to additional Insureds applies only to "bodily Injury", "property damage", "professional llabllity" 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 lnsurnd; or "your work" performed for that additional Insured and Included in the "products-completed operations hazard" However: 1. Th~ Insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional Insured Is required by a contract or agreement, the Insurance afforded to such additional Insured will not be broader than that which you are required by the contract or agreement to provide for such additional Insured. c. With respect to the Insurance afforded to these additional Insureds, the following is added to Se ction Ill -Limits of Insurance: If coverage provided to the additional Insured Is required by a contract or agreeme nt, the most we will pay on behalf of the additional Insure d is the amount of Insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown In the Decl arations; whichever Is less . This endorsement shall not Increase the applicable limits of Insurance shown in the Declarations. MANUS @ 2025 X. l. America Inc. All Rights RescM?d May not be copied without permission Includes copyrighted material of In surance Se rvices omce, In c. with Jt s permission 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 addltlon,!I Insured. E. This Insurance is primary to and will not seek contribution from any other Insurance available to an addltlonal insured under your policy provided that: 1. The additional insured Is a Named Insured under such other Insurance; and 2. You have agreed 111 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 @ 202S X. l. America Inc. All Rights Reserved May not be copied without permission Includes copy1lghted matctlal of Insurance Services OHlce, Inc. with Its pe,mlsslon ENDORSEMENT #1024 This endorsement, effective on 01/01/2025 at 12:01 A.M. standard time, forms a part of Policy No. RES943799405 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 @2025 X. L. America Inc. All Rights Reserved May not be copied without p,ermlsslon lncludl's copyrighted malerlal of Insurance Sl'.!tvic(!S omco, Inc. wllh lls ,,ermissloo WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT WC 00 0313 (Ed. 4-84) We have lhe 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 lhe extenl Iha! you perform work under a wrlllen contract that requires you lo obtain this agreement from us.) This agreement shall not operate directly or Indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization where waiver of our right to recover Is required by wrlllen contract with such person or organization provided such contract was executed prior to the date of loss. This endorsement changes the policy to which It is allached and is elfectlve on Iha date Issued unless otherwise staled. (The lnrormatlon below Is required only whet:' this endorsement Is Issued subsequent to preparation of the policy.) Endorsement Effective 01-01-2025 Insured Allied Universal Topco, LLC Insurance Company XL Insurance America, Inc. WC 00 0313 (Ed. 4-84) © f983 Natlonal Councll on Compensallon Insurance-. Policy No. RWD3001203-09 Endorsement No. POLICY NUMBER: RAD943781808 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM XIC 414 1013 With respect lo coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. Schedule Addltlonal lnsured{sl Work Any person or organlzalion you have agreed to All Operations include as an additional Insured under written conlract, 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 abo1e, but only with respect to llablllty 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 co1ered "auto" with your permission; in the performance of your wo,k 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 FURTHER 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. XIC 414 1013 VHAR 12/02/2019 © 2013 XL. America, Inc. All Rights ReseMd. May not be copied wllhout permission. Includes copyrighted material of Insurance Services Office, Inc., with Its permission. Page 1 of 1 POLICY NUMBER: RAD943781808 COMMERCIAL AUTO CA04441013 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 pro>ided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage pro>ided by this endorsement, the pro>islons of the Coverage Fann apply unless modified by the endorsement. This endorsement changes the policy effective on the Inception date of the policy unless another date Is Indicated below. Named Insured: ALLIED UNIVERSAL TOPCO, LLC Endorsement Effective Date: January 1, 2025 SCHEDULE Name(s) Of Person(s) Or Organlzalion(s): Any person or organization where waiver of our right to recover Is required by wrilten contract with such person or organization provided such contract was executed prior to the date of loss. Information renulred to comrlete this Schedule. If not shown above, 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 organlza!ion(s) shown In the Schedule, but only to the exlent that subrogation Is wal-.ed prior to the "accident" or the "loss" under a contract with that person or organization. CA 04441013 © Insurance Senlces Office, Inc., 2011 Page 1 Waiver of Our Right to Recover from Others Endorsement This endorsement changes the policy. Please read ii carefully. This endorsement modifies Insurance provided under the following: Excess Workers CompensaUon and Employers Liability Polley In consideration of an additional premium of$ Included, II Is agreed that we have lhe right lo recover our payments from anyone liable tor an Injury covered by this policy. We will not enforce this right against !he person or organization named In the Schedule below. This agreement applies as follows: 1. that you perform work under a written contract that requires you to obtain this agreement; 2. that you entered Into a written contract prior to the loss; and 3. we agree to also waive our right of recovery but only with respect to such loss. This agreement shall not operate direclly or indirectly to benefit anyone not named In the Schedule. Schedule Where required by wrlllen contract or agreement executed prior to loss. All other policy terms and conditions remain unchanged. This endorsement Is part of your policy and takes effect on the effective date of your policy, unless another effective date Is shown below. Must be completed always: Endorsement Number: Polley Number: 006 RWE9436482-09 XL Specialty Insurance Company · Complete only when this endorsement Is not prepared with the policy or is not to be effective with the policy: Issued to: Effective Dale of this Endorsement: Countersigned bY--,---,---,-,------- Authorlzed Representative Includes copyrighted material of National Council on Compensation Insurance, Inc. with \Is permission. 'JING 240 XLSP (11-03) City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-218 MEETING DATE:4/1/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager VIA:Jennifer Villasenor, Director of Community Development PREPARED BY:Bill Krill, Real Estate and Project Manager Subject: Approve and authorize execution of a Reinstatement and Third Amendment to Site Access Agreement Between the City and Chevron Environmental Management Company to conduct environmental work at APN: 159-031-16. Statement of Issue: The City Council is asked to approve a Reinstatement and Third Amendment to Site Access Agreement (Amendment)between the City of Huntington Beach and Chevron Environmental Management Company (EMC)for temporary access rights onto City owned property to conduct environmental work under the oversight and direction of the Orange County Health Care Agency (OCHCA). Financial Impact: There is no financial impact. Recommended Action: Approve and authorize the Mayor and City Clerk to execute the Reinstatement and Third Amendment to Site Access Agreement between the City of Huntington Beach and Chevron Environmental Management Company (EMC). Alternative Action(s): Do not approve, and direct staff accordingly. Analysis: In February 2013,the City approved a three-year Site Access Agreement (Agreement)to allow Chevron Environmental Management Company (EMC)access onto City-owned property located at APN:159-031-16 which is adjacent to Denny’s Restaurant (18477 Beach Boulevard).The purpose of the Agreement was to allow EMC to perform environmental work under the oversight of OCHCA. EMC has been conducting environmental remediation work at the Chevron gas station facility located City of Huntington Beach Printed on 3/26/2025Page 1 of 2 powered by Legistar™ File #:25-218 MEETING DATE:4/1/2025 at 18501 Beach Boulevard, directly south of the City owned property. Under OCHCA’s direction,EMC requested permission to conduct environmental work on City owned property,including installing,maintaining,inspecting,replacing,and periodically sampling boring wells,as well as abandoning them when necessary.The work also involves using these wells to introduce environmentally safe compounds to help break down contaminants in the soil and groundwater.The Agreement ensured the City was properly indemnified and held harmless against any claims or liabilities resulting from any environmental work performed by EMC and its subcontractors on the City owned property.In addition to indemnification,EMC agreed to repair portions of the property if they were to be damaged as a result of remediation work. The original Agreement expired on February 19,2016.The Agreement was subsequently amended to extend the site access period two times.The most Second Amendment expired on February 19, 2025.OCHCA is requiring EMC to do further environmental work.Therefore,EMC has requested a reinstatement of the Agreement via this Third Amendment,to complete further monitoring and environmental work. This Third Amendment has an expiration date of March 1, 2029. The City Attorney has reviewed and approved the Amendment and staff recommends its approval. Granting this extension ensures continued compliance with OCHCA’s environmental requirements and allows EMC to complete the necessary remediation efforts. Environmental Status: This action is categorically exempt pursuant to the California Environmental Quality Act (CEQA) Sections 15301 (Existing Facilities),15304 (Minor Alterations to Land),and 15306 (Information Collection)because it involves site access and installation of sampling boring wells under the oversight of the OCHCA and does not involve expansion of an existing use,the removal of mature trees and would not result in a serious or major disturbance to an environmental resource. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1.Reinstatement and Third Amendment to Site Access Agreement 2.PowerPoint Presentation City of Huntington Beach Printed on 3/26/2025Page 2 of 2 powered by Legistar™ Station No, 9-8474 REINSTATEMENT AND THIRD AMENDMENT TO SITE ACCESS AGREEMENT This REINSTATEMENT AND THIRD AMENDMENT TO SITE ACCESS AGREEMENT ("Third Amendment") is entered into by and between CHEVRON ENVIRONMENTAL MANAGEMENT COMPANY, a California corporation ("EMC'), and CITY OF HUNTINGTON BEACH ("Owner"), RECITALS A, Owner and EMC entered into a Site Access Agreement dated February 19, 2013, as amended on or about January 31, 2017 pursuant to the Reinstatement and First Amendment to Site Access Agreement and further amended on or about November 9, 2021 pursuant to the Reinstatement and Second Amendment to Site Access Agreement ( collectively, "Agreement") whereby Owner permitted EMC access to the premises located at 18477 Beach Boulevard in the City of Huntington Beach, County of Orange, State of California, APN 159-031-16 (the "Proper(v") to conduct certain environmental work described in the Agreement. A copy of the Agreement is attached hereto as Attachment "A-I", B, The Agreement has expired and the parties desire to reinstate and amend the Agreement to extend the term of the Agreement. TERMS AND CONDITIONS NOW, THEREFORE, in consideration of the mutual covenants and promises set forth in the Agreement and this Third Amendment, the parties hereby agree as follows: I. "Amendment Effective Date" means the latest date on the signature page when all parties have signed this Third Amendment. 2. Reinstatement of Ag1·eement. The parties revoke the termination of the Agreement, reinstate and ratify the Agreement as amended by this Third Amendment, and agree and acknowledge that upon the Amendment Effective Date, the Agreement, as amended by this Third Amendment, remains in full force and effect as if the same had never been terminated, 3, The foregoing recitals are true and correct and are incorporated herein by reference, 4. All capitalized terms used in this Third Amendment and not otherwise defined herein shall have the meanings ascribed to such terms in the Agreement. follows: 5, Paragraph 3 (Term) of the Agreement is het;eby deleted and a new paragraph is inserted as The license granted herein shall expire as of midnight on March 1, 2029 or upon completion of the Work, whichever is earlier, In the event that access to the Property by EMC is necessary beyond the date specified in this paragraph, the parties shall meet and confer upon the terms for the extension of this Agreement, which extension shall not reasonably be denied by Owner, 6, The parties agree and acknowledge that upon the Amendment Effective Date, the Agreement, as amended by this Third Amendment, remains in full force and effect. 9-8474 -Reinstatement and Third Amendment lo SAA_City ofHB Station No. 9-8474 7. This Third Amendment may be executed in counterparts. Executed signature pages sent by email scan or otherwise by photocopy are valid means of delivery, IN WITNESS WHEREOF, the parties have caused this Third Amendment to be executed as set forth below and effective as of the Amendment Effective Date. EMC: Dated: ___ M_a_rc_h_l_l ___ , 2025 OWNER: Dated: ________ , 2025 Dated: ________ , 2025 9-8474 • Reinslalemenl and Third Amendment lo SAA_Cily ofHB CHEVRON ENVIRONMENT AL MANAGEMENT COMPANY, a California corporation By·~ 17-U~U~~------- Narne: Harpreet K. Tiwana Its: __ A_ss_i_st_a_n_t_S_e_cr_·e_t_ary-<----- CITY OF HUNTINGTON BEACH Mayor City Clerk INITIATED AND AP , OVED ~~-~;rt,/' Director of Public Works 2 Station No, 9-8474 ATTACHMENT A-1 SITE ACCESS AGREEMENT DATED FEBRUARY 19 1 2013 AND REINSTATEMENT AND FIRST AMENDMENT TO SITE ACCESS AGREEMENT AND REINSTATEMENT AND SECOND AMENDMENT TO SITE ACCESS AGREEMENT_ 3 9-8474 -Reinstatement and Third Amendment to SAA_City ofHB Station No, 9-8474 REINSTATEMENT AND SECOND AMENDMENT TO SITE ACCESS AGREEMENT This REINSTATEMENT AND SECOND AMENDMENT TO SITE ACCESS AGREEMENT ("Second Ame11dme11f') is entered into by and between CHEVRON ENVIRONMENTAL MANAGEMENT COMPANY, a California corporation ("EMC'), and CITY OF HUNTINGTON BEACH ("O,vner"). RECITALS A, Owner and EMC ente1·ed into a Site Access Agreement dated February 19 1 2013, as amended on 01° about January 31, 2017 pursuant to the Reinstatement and First Amendment to Site Access Agreement (collectively, "Ag1°ee111e11t") whereby Owner pel'lnltted EMC access to the premises located at 18477 Beach Boulevard In the City of Huntington Beach, County of Ornnge, State of Califomla, APN 159-031-16 (the "Pl'operty") to conduct certain environmental work described in the Agreement. A copy of the Agreement ls attached hernto as Attachment "A-1 ". B, The Agreement has expired and the parties desire to reinstate and amend the Agreement to extend the term of the Agreement. TERMS AND CONDITIONS NOW, THEREFORE, In consideration of the mutual covenants and promises set forth In the Agt'eement and this Second Amendment, thepaliies hereby agree as follows: l. "Ame11dme11f Effective Dale" means the latest date on the sig11ature page when all parties have signed this Second Amendment, 2, Reinstntement of Ag1•eemcnt. The patties revoke the termination of the Agreement, reinstate and ratify the Agl'eement as amended by thls Second Amendment, and agree and acknowledge that upon the Amendment Effective Date, the Agreement, as amended by this Second Amendment, remains in foll force and effect as Jf the same had never been te11ninated. 3, The foregoing recitals are true and correct and are lncorpornted herein by reference, 4, All capitalized terms used 111 this Second Amendment nnd not otherwise defined herein shall have the meanings ascribed to such terms In the Agreement, 5, follows: Paragraph 3 (Tenn) of the Agreement ls hereby deleted and a new parngraph Is Inserted as The Hcense grnnted herein shall expire as C>f midnight on February 19, 2025 or upon completion of the Work, whichever Is earlier. In the eve11t that access to the Property by EMC Is necessary beyond the date speclfled in this purngrnph, the parties shall meet and confer upon the terms for the extension of th.ls Agreement, whlch extension shall not reasonably be denied by Owner, 6, The parties agree and acknowledge that upon the Amendment Effective Date, the Agreement, as amended by this Second Amendment, remains ln full force and effect, 7, This Second Amendment may be executed In counterparts, Executed signature pages sent by email scan or othe1wlse by photocopy are valid means of delivery, -1 • (9•8474 • RM11$1a/d11JOIII alld }/Id A111om/111q11/ /() SM_Clt)• o/118.docx) 8/5/2010 Stalion No. 9-8474 IN WITNESS WHEREOF, lhe parties have caused this Second Amendment to be executed as set forth below and effective as of the Amendment Effective Date, EMC: Dated: _______ , __ OWNinR: Dated: _______ ,, __ Dated: _______ , __ Dated: tJo/oW-t/;''rft 1 ;UZ\ Dated: ______ ____, COUNTERPART (9•8474 -Re/11s1a10111q111 and 2nd A111011d111e11/ to SM_C/tyof HD,doc.r) CHEVRON ENVIRONMENTAL MANAGEMENT COMPANY, a California corporation ~y:. ___________ _ Nathe: Its:, _____________ _ TONe__ City Clerk Stl\tlon No. 9-8474 IN WITNESS WHEREOF, the pmtles have caused this Second Amendment lo be executed as set fo1th below and effective as of the Amendment Effective Date, EMC: Dated: --~N=o~v=e1=11b=e~1•~2-~, 202 l OWNER: Dated: ·-- Dated: Dated; Dated: CHEVRON ENVIRONMENTAL MANAGEMENT COMPANY, a Califot• corp · fl· CITY OF HUNTINGTON BEACH Mayor City Clerk INITIATED AND APPROVED Director of Economic Development APPROVED AS TO FORM City A!lomey COUNTERPART (9-8474-//e/11s/nle111e11/ m11/ 211d A111e111/111e11/ /o Stltl_Cllyofllll.doc.Y) H/5/21120 f Station No.: 9-8719 ATTACHMENT A-1 SITE ACCESS AGREEMENT DATED FEBRUARY 19, 2013 AND REINSTATEMENT AND FIRST AMENDMENT TO SITE ACCESS AGREEMENT DATED JANUARY 31, 2017 (9-8474" Relmta/pme11/ and 2nd A111e11d111e111 to SAA_C/ty ofHD.docx) 04/G/1018 I b Depl, ID eo 17-03 Paga 1 of 2 Mealing bala: 2/21/2017 ih4tJl<,cJ//GlJ 6 -zj -/ ~~eJ A6s~c) MEETING PATE: 2/21/2017 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wllson 1 City Manager \ PREPARED BY: Kenneth A. Domer, Assistant City Manager Kellee Frltzal, Deputy Director, Office of Business Development SUBJECT: Approve and authorize execution of a Reinstatement and First Amendment to Site Access Agreement (Amendment) Between the City and Chevron Environmental Management Company (EMC) to conduct environmental work at 18477 Beach Boulevard Statement of Issue: The City Council Is asked to approve a Reinstatement and Plrst Amendment to Site Access Agreement (Amendment) between the City of Huntington Beach and Chevron Envlronmental Management Company (EMC) for temporary access rights onto City-owned property to conduct environmental work under the oversight and direction of the Orange County Health Care Agency (OCHOA), Flnanolal Impact: Not Applicable Recommended Action: Approve and authorize the Mayor and City Cieri< to execute the 'Reinstatement and First Arnendme.nt to Site Access Agreement 11 between the City of Huntington Beach and Chevron Environmental Management Company (EMC) extending the term to February 191 2019, Alternative Actlon{s): Do not approve the Agreement and direct staff accordingly, Analysls: In February 2013, the City approved a three-year Site Access Agreement (Agreement) to allow Chevron Environmental Management Company (EMC) access onto City-owned property located at 18477 Beach Boulevard, adjacent to Denny's Restaurant. The purpose of the Agreement was to allow EMO to perfqrm environmental work under the over$lght of OCHOA, EMO has been conducting eIwlronmental remediation work at the Chevron gas station facility located at 18501 Beach Boulevard 1 directly south of the City owned propeIty. Under the direction of the OCHCA 1 EMC had requested permission to conduct envlronmental wor1<1 Including \he Installation, maintenance, Inspection, replacement, periodic sampling, abandonment of boring wells, and the use of those boring wells for the Introduction of compounds to facilitate bloremedlatlon, on the Olly" owned property, The Agreement ensured the City was properly Indemnified and held harmless against any claims or llabllltles resulting from any envlrohri1ental work performed by EMO and Its subcontractors on the Item 7," 1 HB -42- ' ,,.,_, ___ ,,' ...... ,, ___ , ,. _____________________________ __, 938 Dep\, ID ED 17-03 Page 2 o(?. Meeting Dale: 2/21/2017 City-owned property. In addition lo lndemnlflcatlon, EMC agreed to repair portions of the property If they were to be damaged as a result of remediation work. The orlglnal Agreement expired on February 19, 2016, OCHCA Is requiring EMC to do further environmental work, Therefore, EMO has requested a reinstatement of the Agreement via the Amendment, to complete further monitoring and envlronmental work, The City Attorney has reviewed and approved the Amendment and staff recommends approval of the Amendment, as this work ls.necessary to help protect the environment, When completed, the property wlll be returned to Its orlglnal condition by EMC, Environmental Status: Not appllcable. Strategic Plan Goal: Improve quality of llfe Attachment($\! 1. Reinstatement and First Amendment to Site Access Agreement 2, Aerial Map of Location HB .43. Item 7, w 2 939 Attachment A,.1 Station No. 9-8474 REINSTATEMENT AND FIRST AMENDMENT TO SITE ACCIBSS AGREEMENT This REfNSTATEMENT AND FIRST AMENDMENT TO SITE ACCBSS AGREEMENT ("First Amendmeniu) Is entered Into by and between CHEVRON ENVlRONMB'NTAL MANAGEMENT COMPANY, a Callfomla co1·pot·atlon ("BMC 11)1 nnd CITY or HUNTINGTON BEACH ("Owner11), RECITALS, A, Owner nnd BMC entered Into a Site Access Ag1•ee111ent dated Febt·unry 19 1 2013, ("Ag1•ee111e11t 11 ) whereby Owher permltt~d EMC access to the p1·emlses located at 18477 Beach Boulevard In the City of Huntington Beach, County ot' Orange, State of California, APN 159-031 • 16 (the "P1•opetly'1 ) to conduct certain environmental ltwestigatlon and/01· remediation work desol'lbed In the Agreement, A copy of tho Ag1•eerrtent is attached hereto as Attachment l, B, The Agreement h11s expired 1111d the patties desire to reinstate and amend the Agreement to extend the tern'! of the Agreement. TERMS AND CONDITIONS NOW, THEREFORE, In oonsldet'atlon of the mutual covenants and promises herein, the pal'tles bereby agree as follows: 1, The foregoing reolt11ls a1·e true al\d cot'l'eot and are incorporated herein by reference, 2, Paragraph 3 (Tenn) of the Agreement ls hereby deleted and II new paragraph Is Inserted as follows: The license granted herein shall expire as of midnight 01\ Februat·y 19, 2019 or upon oompletlon of the Work, whichever Is earlier. In the event that access to the Property by BMC Is necessary beyond the date specified lt\ this paragraph, the parties shall meet and confe1• upon the terms fo1• the extension of this Ag1·eeme11t 1 which extension shall not reasonably be denied by Ownet'. 3, Except as provided in this First Amendment, all of the other terms and conditions set forth and cont11lned In the Agreement shull 1·emaln unchanged and In full fot·ce and effect. 4, This First Amendment may be e){eouted In one 01' more counterparts, each of which shall be deemed to be 1111 original Instrument. (9-847,f Rd/mtnt~111e111 & Ame11dme111 to SM) E&S LAW rov, 02,12,IS (lU\iwl.1)/!/J6) 940 ' \ Attachment J\ .. 1 Station No, 9"8474 IN WITNESS WHEREOF, the pa1·tles have caused this Fll'st Amendment to be executed and effective l\9 of ti1e last date set fot·th below, EMC: Dated: 1 / 'L l.l.l' ( OWNER: Dated: _______ 1 _ Dated: _______ ,_ Dated: --~/ /_~_i _/ _~ Z.or7 Dated: _______ , __ ... ClillVRON ENVIRONMENTAL MANAGEMENT COMP ANY, a Callfomla oorpo1·ation ~: ~~~.~ ...... ~~· ...... "£-.~~-,L~~--- Its: 6Jv1Aoh!Mr.N:r:AL. Q.oMPUl'IN~t OPe1c.e£1,..,, CITY OF HUNTINGTON BEACH ---£1.J.... 0 Ah~,~- ~! ittu® INI'rIATED AND APPROVED ,,,, {•t1110\ 1;.,l 'I ~.l.t' (9,817,f RalnslnlP/1/eltl & 1l111~11d111e11t 10 SAA) ll&S LAW ro11, 02, 12, 15 Cllm1«lU/6•l6) 941 •I Attachment A .. 1 L\I:rACHMENT 1 Sl1'E ACCESS AGREEMENT . 3. (P-8474 Rohu/al~111e11/ & A111011d111a111 to SM) Station No, 9•8474 I¼.$ l,AW rov, 02, I 2, IS (ll>iiAAll/#14) 942 'u I Attachment 1 fil_TE ACCESS AGREEMENT TIDS SITE ACCESS AGREEMENT ("Agretttt1e11f 1) Is entered Into by and between CHEVRON ENVIRONMENTAL MANAGEMENT COMPANY, a Callfornla' oorporatlon ("EMC 1 )1 and CIT\' OF HUNTINGTON BEACH ("Ow1td~. .. Rl.CCl'I'ALS, A. Owner holds recotd title to ~rtain reltl property located at 18477 Beaoh Boulevard, ln the City of Huntlngton Beaol1t County of Orange, State of California, APN 159~031~16, as depleted on Jlxhlbit "A" attached hereto and incorporated hei:eln (the "Property''): B, EMC's affiliate, Chevron U.S.A. Ino. or 11:ll dealer, operates a retail service station at 18501 Beach Boulevard, commonly referred to as Service Statlon No, 9-8474; ' C, BMC seeks Owner's autltorli'.al:lon to access the Property to conduct the Work, as defined in Paragraph l (Rights Granted) below; and D, purposes, Owner is willing to grant EMC access to the Property for the above-described TERMS AND CONDITIONS NOW, THEREFORE, in considemtlon of the mutual covenants and promlsea herein, the parties hereby agree as follows: 1, RIGHTS GRANTED Owner hereby grants to EMC, its employees, agents, representatives, consultauts nnd oontraotora, a license over, under and a.oross the P1·opercy for the purpose of performing environmental work under gove~ent ·agency oversight or dlfeotlon (the "Worlr'), Said Work shall be limited to the lnstallaUon1 lllalrttenance, inspection, replaoei11en 4 periodic srunpUng, and abando11ment of borings ond wells, and the use of those borings and wells for the h~troduotlon of compo't.U\ds to :fuolUtate blorellledlatfon, Prlor to the J.nsta].lation of any new equipment on the Property; EMC and Owner sh.all work together to determine the appropriate loontion for the new equipment. OWner agrees to cooperate with EMC, lnoludlng the execution of addltional docu111ents 1 If neoess.ary, ln order to obta.in penrtlts 01° other documents from a government agency required to Install, abandon or remove EMC's equlpmel\t, 2, PElUl'ORMANCE OF TI-tIC WOlU( EMC 11grees 1 at its sole cost and eitpense, to condu.ot aud perforn1 the Work ln a prompt, safe, efflolent and workmanlike manner and in oomplianoe with all applloable federal, state or local laws, regulations or ordinances, " I • (81107) 12-3374/8210? llPO ~V, 02/09/lOJO 943 i' Attachment 1 Station No.: 9~8474 3, TERM TWs Apement sbnll terntl.Q.ate upon the earlier of three (3) years from the Effectlve Date (defined below) or upon completion of the Work, The Agreement can be renewed at EMC's option fo1• additional th1·ee (3) yefU• periods by providing written nottoe to Owner, 4, RESTORATION If entry onto the Propeity by EMC, or exerolse by EMC of any of its rights or obUgatlone under this Agreement, result in any physlca\ damage to the Property, EMC shall promptly repair and restore the portio11B of the '.Property damaged to substantially the same condition as existed prior to the damage or exerolsc, of S\lCh right or obligation, 5, lNDEMNIT\' BMC he~by agree$ to protect, defend, lndelhJlify and hold hanules·s Owner, Its officel'll, elected 01• appointed offfola.la, employees, agents, and volunteers from and against any and nil claims, damages, losses, expenses, judgments, demands, defense costs 1 and consequential damage or liability of any klnd or nature, lticluding those resulting from death oi: lnJ\U'Y to EMC's employees and damage to EMC 1s property, arising directly or Indirectly out of the obligations or operations herein undertaken by EMC, caused iti whole or in part by any negligent aot or o,nlsslon of EMC, any EMC subcontractors, anyone dlreotly or iuditeotly employed by any of them or anyone for whose nots any of them tnay be liable, including but not limited to concurrent active or passive negllge11ce 1 except where caused by the active 11ogligence1 sole negligenoe 1 or sole willful mlsconduot of the Ownet•, EMC will conduct all defense at Its sole cost and expense and Owner shall approve aeleotion of EMC's couusel, which approval shall not be unreasonably withheld. Owner shall be reimbursed for all costs and attorney's fees lnour:l'ed by Owner In enforcing this obligation, 'l'Ws lndemnlty shall apply to o.11 claims and liability regardless of whether any in.au.ranee polloies are applicable, The policy limits do not act M a limitatlon upon the amount of indetnnlflon.tlon to be provided by EMC, 6, INSURANCE EMC and Its consultonts shall meet the Insurance tequlreme1tts set forth In Exhibit "B'' attached hereto and Incorporated herein, In lieu o.f insurance coverage, EMC maintains a self-adi:nlnistered olaims program with respeot to iw duties hereunder. Owne1· ROknowledges that EMC bas met the insur1U1ce requirements of EKhlblt "B 11 by providlng Owner with the statement of self-insurance at1ached hereto as ,Exhibit "C", 7, LlENS EMC shall discharge at once or bond or otherwise seoure again11l ell liens and attachments that are flied ln. connection with the Work, a.nd shall Indemnify and save Owner IUld the Property harm.less from and against any and all loss, dnn\nge, iajury, liability and clalms thereof resulting directly from such liens attd attachments, (82/01) 12-3374/82107 BPO rev, 02/091201() 944 I I I •I I ' Attachment 1 Statlo1;1 No.: 9-8424 8, NOTICES Any notices required to be made undet' this Agreement shall be made in writing to the address of the appropriate party as set forth below, All such uotlccs shat! be deemed to have been duly given and 1·eoelved upon ma.lllng 1 delivery by cotu'1e1• or personal delivery servicei or by email, pl'ovidcd that email delivery shall be effective when the sender hns received an etootronlo oonfirmatlon of dellvery. Parties may alter or modify theh' notice addreas by deHveL'Y ofwdtten notioi:i pursunut to the ternis ofthls Agreement, 'l'oEMCs To Owner1 9, REPORTS Chevron Environmental Management Company Marketing Business Un.it 145 S, State College Blvd. Bre~ CA 92821 Attn,: Shal'on VasqUeZt Property Speclalls~ SS # 9-8474 Phone: (714) 371-3262 Email: SharonVasquez@Chevron.com City of Huntington Beach 2000 Main Street · Hm\tington Beach, CA 92648 Attn.: Mr. Mike GJ'een Phone: (714) 536-5224 Em.all: Michael,Or~11@surfclty~hb.org Eaob party shnll promptly provide the other with ooplcs of all final reports, laboratory test results, and othet· comtnlllllcatious submitted to a government ugenoy regarding the Wot'k performed on the Property, 10, APPLICADLE l.,A W Thls Agt'eement shall be intorpreted 1 and any dispute arising hereunder shall be resolvooi in accordance wlth the substantive laws of the State of Callforhla, without reference to obofoe 6f law rules, 11, ALTERNATIVE DISPUTE RESOLUTION (ADR) If a dispute arlses between the parties rela~g to thfa Agreemen 4 the parties agree to use the following procedure priol' to pursuing other legal remedies: (a) A meetlng among the parties shall promptly be held 1n California, attended by lnd1vidua1s with declslon-makihg authority 1·egardi11g the cllspute, who will attempt ln good faith to negotlate a reoolution of tho cllspute, . (b) If within fifteen (15) days after the m~ting 1 the parties have not succeeded in negotiating a 1-esolution of the dispute, they agree to submit the dispute to mediation (8a/07) 12·3374/82101, llPO l'OV, 02/09/2010 945 ., . ' I I • Attachment 1 using a mediator who Is mutually acceptable, and to bear cqunlly the oosts of the mediation. (o) TI1e parties agree to participate iu good fuith lu the medi&tion pl'Ocess .-elated to their dlspute for a period of thirty (30) days from the commencement ofmed1atlon, lf the prutles are not aucoessful In resolving the dispute through medlation, then: (1) if both pnrtl.es agree, they may subutlt the matter to a binding ai·bitt:ation or a private adjudicator; ol' (2) either party may lnltinte litlgatlon upon ten (10) days advance written not:lce to the other party, 12, COUNTERPARTS TWs Agreement may be executed in counterparts, all of which together shall constitute one and the same agre~iint, 13, INTEGRA Tl ON This document represents the entire agrooment between the pal'ties, The pnrties acknowledge that thls Agreement supersedes and replaces any and all prior agreements between the parties regarding the subjeot matter herein, No modlfioatlon of the tern18 hereof shall be effective unless 1n writing and duly exeouted by the authorized rept'esentativos of the respective parties, 14, NO ADMISSION OF LIABILITY The parties aoknowledge and agree that neither Utis Agreement, the act of entering into it, nor any aot or omlsslon pursuant hereto shall be construed as an admlsslon of any nature, 15. COMPLIANCE WITH LAWS Throughout the term of this Agreement, EMC and Ow1101· shall at all tltrtes comply fully with all applionble laws, ordinances, 1utes, and regulations of ony govertuneutal agency havingjurisdlotlon over U1e Property. (81/0?) 12-3374/82107 SPO l'l'V, 02./09/2010 946 Attachment 1 ,Station Nq,: 9"8474 16. BlNDlNG EFFECT This Agreement shall be blndittg upon at1.d inure to the benefit of the parties hereto and thelr respootlve heirs. successors nnd nsslgn.s. Owner shall promptly notify EMC of any transfer of its interest In the Propel'ty a11d shall provide a copy of this Agreement to any and all tnu1sferees, lN wrrNESS WHEREOF, the parties have caused this Agreement to be executed and effeotive as of the last date set forth below. I EMC1 OWNER! CHEVRON ENVIRONl\mNT AL MANAGEMENT COMPANY, a CaUfomla corporation oMmlc Development -s.► (81/01) 11·3374/82107 BPO rev, 02/09/2010 947 u I ' I, ' (81101) ti-3374182.107 Attachment 1 EXEIBIT"A11 . TAX ASSESSOR1S MAP DEPIC'flNG LOCATION OF'l'BE PROPERTY Stutlo~ No,: 9•8474 SPO l\lV, 02/09/2010 948 ,·, I I ,...., ~ I: !: rtl -ffi fl(ACI/ .... ... ~ ~ ' Attnchmeut 1 POii, S~ f/,(, Ill! I1.f, SE(J. JIJ, T b" S, II fl II 15s•03 L \ \ DPIUIIAIII> 1 'i } !l o{>U{rDl/1{)4' ""'"'' } P,/i, . T1Wl1' ,M"'» ~ wi.it"efj/, @ '~'~' 1111 IA "' 11 ,,, .. ,, © .... ®, /65..jO b:..,., IIH ,,11 ,.,, "IJ.111,H ~ D 949 (81107) lz.3374/82107 Attachment 1 EXHIBIT '4B 11 Q)Vl'Dr,R'S INSURANCE REOlj]REMENT~ Station No,: 9-8474 EPO 11Jl', 02/09/.2.010 950 ' S I '' ' ( . C~TV OF HUNT!NGTON BEACH t=!hone: 714-,374-6378 Fax: 714-631:Ml212 . 'Insurnuce ll.~itll•!\111ents VlU)' ro,• diif111·011t uppllcnuts, l'll!IUl11 s~ Ute b&low Usll'i.l 1tpplfonnt types followGt! by tho IDBll.l'once IWjuircmeltls, • City ofHunllnglon Bc:acli. Resolution 2008-63 requites tbnl conlro.otom, 11ennltt«s1 Ull(lllsool!llr:,sse4~ ru\d vcndor-s hnvo Ill\ approved Cerl:ilfonto ofl.lllltll1ll1oo on filo wltlt 1h11 ctty ofH110tiDgtou Be&cl:t tor t:llo Lsaunue-0 of nny pormlt or city e-0n!rnot, To1)U1SUr;!l\1() ocrtifiollU'J mustbo approved by th!> City Attorni,y'e 01:lico It.ii to ~~ting nil of tho clly's lnsur&.nC(lri:,quire1.11on!~. Aft orlglnnl co~tintn larequlted or nPDF veralon lll!Mhed to on immll mlly b~ fol"WlU'ded. lflho lnsUT\111co 11crtHlcato l~ fuxcd, It must coine dli'wtly from tho1mlltlWi» provider to ilit1 City ofHuntlngtou 'Bench, All lnsurnnoo ltlUl!I be from fl Ciillfornla admitted cotrlerwltb fl cmrront A.M Bost'o R!ltlng ofuo lullfl thfln A:Vll ' 1, CONTRACTORS-Any porsoua or oulitlos or Coulti\.Qtwltb t!Jo City nru:l/orprovld~ Pl?.!'VIC'J to tho City wblch ero readily irvnllo.blo nnd offi()hmlly procured by compctitivo bidding. Raqulmmmt.1'.' Gi!netttl Llablllly, Wormrs' Oonipensatlcm, //.1tlo LIPbl/lty, A.ddlllonal ln.rured Endol\r<Jment.t ~. ))RSlGN l'XlOlmSSXONALS-.Professlo~l!l Servloe conlm\lto111 who contrnct with t!J.o City nnd/o,r provide 11T0Wtoohmil IUldlor englnooting mvlccs to tho Ctfy, , , • ~qtllr¢mgnt,/: En'ors flnd Emissions (Prufa.i.rlcma/ Liability) $1,00/1, 000 ocweragci 3, UCENSXCES/WSS~IIB-(Illy ~or(lon or Oflttties who 111Rko contrn.ot with d10 city for tho use ofpubU,;i ~~. . kequ/N:me111s: General Liability, Work<Jr.r' Oompur,sm/01~ Propl/.rty l1/sta'm1c~ (Ml roP,laceme11t cost.rwllh no oo/11s1tra11ue ponalty pl'ov/41011), AddltloH!.1/ /ns~d En1orm1w11/ 4, P~ -nny persons or eatltles who tnake 11\lPllonJ:l(Jn to (ho City for nny W>:l ofcncronohment up1>u nny btreot, Wlllerway, pler, or City propqrty, B,~qu/re111411lt: Cknorw Ltab/111)1, Wor!rers' Onmpenscrt/on, Auto Liability, A,ddttlonal lMtnd Endommonts 5, l'l10FEB.9IONAL Slnlt.VlCES-metl.D.9 thoso 8el'Vlces, whloh l.nvolvo tho OXCJVbo of prof'ei/slolllU dhorctlon ll!1d lndopo11dqnljudgmout oii. Cil1 advD.11\IOd or upeolnUud kQowled.go, experllso or trolnhig gnln&d • by forow studfos or o,cp¢,rlonoe or .eervtoos whloh oto not rondlly or ti!ficleu11y proc~d by compl!tltlve, · bidding pursuant to Huntlogton l3iil!Ch Munl(llpnl Codo Section 3.~. suoh sorvwea shoJl lnoludo but not b1,1 limited to those scrvlim provided by llJlPrnl~m, nmWte¢tll1 nttomeys, englnoeni, lnstruotnrs, lnsunmco n.dvf.9ors1 pbyalolnns fll\d other ~pwlnllzed qonsultimto, , /glquwmwt.t: J!rrars andF.,11/uiar,s (Profo.r3/ana/ Uab/1/fJI) ~1,0Q0,000 c(JJJera~ Prlynto P1·oporty Worlt.l'onnit Ilequlromonts-If tho plnnncd work doos 11ot Involve public prbperty or lb! rl11bt-of-way (c,,g, aldownlk/litrect), thti WClrkcr~• Cotnponsotfou Cmillcoto 1B tho only lnl1\1l'11111½1 requlro'moul. However, lftbo work altll la MUacont or Bliachcd to·pubUo property, tho City Ntomi,y•s 'O.ffi~ mu~ bo lnfolllled tbr consldc:rptlon ofUnblllty l!lld dooldcs wholher or not to pPprovo th~ cqrjfflcato wjth 11. epcolfio "f'dvlllo .Properly O ~y' 1 flpprovnl strunp, ,' 961 ( · Attachment 1 •,·,' I• ► Gonaro.l Llnb!llf:)' (G/L) "'Tho gonutnl llol>lllty rcqulreinent Is for ~1,000,000 with "per o~co" type Qln!Jm !,lOVom(le lllld n soplmlto "Addlctonol lnsutcd Eudorsetnenl'' p11go,llsliug berth tho potioy llUl'dbet lllld 1u111ilig lhe 11 C/ly of Hu11l/11gton Bo[ll)}~ lw olftcars, e/e.ated or {1/lpt>/IU6d oj/UJ(al.J, cmp/r,ysos, ~/Ill and volumecr.r" !IS nilrll~o11lt.1 ln.tured 011 \ho ondorscmont, (ae1> bolow for Addltlounl Jruurcd requirements) ► Additional fusnrrm Eudoruineut Uoqnlromo11ts-'I11a City, Its offioer9, olcotcd or nppolnled , offiolnls, employees, ng®ls nnd voluntewi htc to b~ 8peQlfl,lllilly n'nmod 1U1d c0vercd ll!l oddltlounl . !nsutcda by gcplll1lto nttuchcd 011dorse111011~s) 11.'l resp~ UnbUHy urlolng otu of JLOtlon perlmrucd "by ,or on bcl1nlf oflho conirnotor, prod\.l.Cll tilld completed opartrl.lons of tho CQ!ltruotm', pl'(lntle~ owued, oocupled or Wied by tho coutrnoror, or nutomobll0$ owuoo, len11cd or borrowed by thEi oottlr/lOlor, The oovemgEi sb11II contnln no speolnl Untltntlons on the scopo ofprot.Cllt:lon 11.flbrdcd to lho City, Its agents, offloc,ta tmd eniployec.'l, Tlto 011dol'lltine11t should lnoludo the potlcy number It co~~~ , ► l'rhilnl')' ltlllntll.llco -OCl)crtil Llnblllty lnsurauco COVlll'lll1,ll lillllll bo prlmnry lttsurnnou n.g respects tho City, Its nge,i\S I offiooni, nnd employees, Any UIB\{l'(ll\CO or 9elf-lnsuronce Jlllllnhilned by 1bo cky, Us 11gonta, ofllotll's,·nud employees shnll btt,eK<l¢Sll oflhe submitted lnmlrnnoe 8lld.$1wl) not o'nul:rlbutc with It. ' · ' • ' ► D~m-lpl:lon orwork-'Tho sniffoontnot ond pllrp<ls~ oftl\b wldtihoo ofooverngc.must bo Identified on full ~rt\fioo.k: of lnllllt1llloo, ► A11tomotlv& lnsurnncc-Automobllo lnsi.n'ltnce requlremont Is for $1,0DO,ODO nnd a pep11,1$i "Addltionnl 11191.trcd Bndorsllltltillf' pnge Usll.ng both th.o poUcy numbct Wld llJllnlog tho, "City of Hw,tlng/011 }Jll(tC/~ //$ officers, eleclod or appointed olftc/alA', emplo;ia!J.S, agentr and volunltm'' llJI udd.ltlo1JJ1l lll;!lirr«i on thil endomament. P<mntttoes who \lo no~u.wveblQl~-ot equipment lo oonnCQtlon with the p~nnlt CIUl requost to Wtil\lo the Auto illDlll'lttl~ requlremwt.. , ' ► Workor'u Compnuuntion Wlli'IU\Cll (W/0) -Tho Woiker'a CQmpo11$atlou. lnsurnnce tequlrcm.ent Is th('J Stnlc stntutory llmlts of$'2501000 bodlly ll\lury by dlseosc, poUoy Jim!~ and $100,000 bodily lllfury e1Wh a:n])loyi,i, for o.¢old!!llt or dlseaso per ot;:C\ltl'enoo, Cct!iflcnj1l holdtt Usted on the oc.rll.lic:n~ Is: City off!untington :Senob, 2000 Mnln B~, Huntington Benob, CA 926'IB, lfyour orgcmlzntlon/compll\'ly bni; 11D comp0li9lllcd omploy003 V/l;lrking on tho prpJeo~ you lll\lY OOIIJPI@ lll!d retura n ''Nort-Bmployer Slnt\1$" fotm to be used ht Ueu of n W/C lwllir1l1lce oertIBC!lto, ' ' ► C11nool1Rtfon Clnuoo Notlto-'rho Olll\col!ntlon olnuso must cot1t11lu n thlriy (30) d11Y no1l\Xi, A ten (10) day ~ti~ for non•pll)'.mllllt ofprttnfum Is III.iCO)lttlbfo In comblnntlcm wlth 30 day notico, • )> ~Nfr.s~louo.J Uablllty-Qivc:rago lllust b(l provJdod nt II mfuln1utn of$1,00D,OOO por ooou.rro11CO Md In tbo OMl'Ogufo, · , ' ·' )> l)oduc(UJlos-TM foUowlng deduotlbles nre ncceptnble ~nd n1l otliors mu.at bo rem6vcd from tbo lturutnnco policy or 11 wnlver 011t1 bo rt.ques¥ (No nllownnces for Sat) 1 o Gonorn.1 Unblllf)' ~ $5,000 o Anto Llnblllty • $1,000 ' o :Prorell91ono.1 Lloblllty/Jkrora & Eni.18slom • $101000, ' ► Wnt,~ l'rocadura-Ifltnnble to comply with a rcqlilremc:nt, tl1ll c'INSURED" n\lly requ~ u.; wnlvc:r of,n epeolfio requlroment. 'rho msunmcc Wlllvcr fonn ls M intetnnl form thnt tho City of Huntltlgton l30ll()h will oompleto, (sco followlnir po.go for wnl.v11r tbnn) Th~ gciptlon to the 1valv11r Is tll« GIL & AJ1fo 11Addlllo1wl Ins11red Erldoraf!1Ht:/lf' P/1/l°d.' 0 ' ' 952 I I •, I ..... ·~_·_· _______ f _~----lclul~~a~;~r;_.•:-"t""'-.~-"w..,..., __ ( ______ _,__ __ ......, I I ' Waivel' P,rocedu1·e To request n wn.lvor, lnd.1611.to hl)l'oO nnd provldo n brlofd~p\it;ln ( 1-2 tienten~s) ofth~ proposed woik/projccrt, Its doUlll' vuluo (lfnot n spe¢l.llo dollur lllJ.lOunt, use on n.vnrago, onnun.1 ~untl) or non-profit) nnd projealed tlruot'rtuno (per Job or /L!l•neoded b1111Js), • Foe nul>stuntlul dollnr deductible/SW. (llllollllls, n nil.nnolnl s!u\tltllQUt ls required (Bn.lnnc.¢ Sh~4 l3udsct Reports, Dun 8t., J3rndg\reot R.oport,, 010,), WntvorRequeswd: ------------------~ Bneronehmeul P~rnutO P,rlvnto Property Work Ponn.ltO Consul)nnt SQrvlC0$0 Othor. ~.,......~------~---------_.__ __ _ l'(oposed Wotlc: _____________ -,--________ _ Dol.larVnluo: ProJcciw !fftno'""from-0-,------------------ 963 ($21()1) 12-3374/82107 Attachment 1 EXHIBIT "C" J!iMC 1S SELFrlNSURANCE LETTER Staclori No,: 9-84-74 BP<J IOV, 01./09/2010 964 ' ,, Attachm'ent 1 • I EXIHWBftT u~c" cu., <:>f.fluntl11"1nn l361loh 200() Muhi'~ ... HunUngton neuoh 1 CA '92648 St1t1 ~ Atp'e'bmr:n1 betfi'(l~ll Ch~m11 Envkoninonful ,Mnnut;11mllnt?ofuplll!f:n11d C1ty ufllun.n Iltm'ah for :Y.f()Ull!il)ll-µ;t\ll\tqd ~t l8,il77 ~0111.1h-Utvd.1 'mmtlng~n ntiaoh, CA Chevrotl $-fo.Ubu No. ~14 , ' ' ('' ~ •Deur Slr/MuUnm: ,, I Cliovron ·corporatlon1e.nd 11.s su~sid(11rle.<111J.1'0 poyoresl for.property nnp JinbWty.,ex.pos~·throu&)1 major worldwldi,·insuh.liloo,proghurll!'WH:h Jdr~tMeduofiblci~. Poss'es llittt'full wllhf~rthoso cloo1wflblo 101/ols, lnoh1dlng those forwl\loh' ll·1Chovtoh c'ompiuiy, Ill conimi:(ually ll11bl~ liro pnld 1hroit,Bh tho fl.nnnolnl re:iouroos of'll11i'complUJY nnU ,m, ad.min\~ by dti6Vt'OJ\ ClQrporauon under-ltu·s~Jf..:Admln!mr,oo Clnlm9•J1rdQ11Jm, hcrelnldwt tofurrod to OB tho Prognun, ' This ts to od.vl~-yo,u 1'mt.the prq~/lh1\>Hl6' h1s11ranc,o tequl~,tqentrl ofi:Qe ~µ~jeot ~ment full wlUiln the deduotibl~ levels otchovclin1.s,lnsl,U'litlpe progrorne, ·Tliurol.bre,tosses rotwlilbl1'Chewn fg· . r~po~'plblb 11ndbt'tl!e 11~rm:m·~nt·wlll be 1t11Jtated·~11~~ ~w w,bvfi!.d.abcilb~~ Pro~. ·tJ'ho,sc(?j)o qfthla !JrogTn¥n ,ls.eq,u\\! to:thc IJAAI;np<Xl'tequl~m~I\~ pf !4~ 1J,!Jp,J.~~mQ1.1\'., Wo•t\irthor .d~~i$~'~dil ~1Eit·Wbtkr#s 1 Com)l'l,i111iattoh fn&un1116Q requl're~'onij' for cHmon CQ~eanl~·nro $!l\lsflod throtl,3b ln~self::ln~red:J?i'oBflltn8 de·~ep~llJg u'pon•tl)o.l~flon oftho,oroployitt>'.s workpl11ce, U, S, Long&horo lilld.HarborWor~6,rs 1 Aot,cov~mga I.iJ self~l,wm-e~, ' Urilf.lBk ca.noulcd ontller, ttili 'lelt<it wlll ti,rri,U~ Iii 1iffeol I.tilt~ th6 W(plrrulon ot etu•ll&r t6milr111.clb'n of 1Qe. BUbJe<it·~mon\ (or 1111y rem,wq.J thtirw(), ff this progrnn, lri cbnoet~''ur mAtorlally ohnngc:d, w.o wlll' pl'Ovldo•youwtth M dnyil 1 written 11ut111e, • .(~~~ 0J ( J;es D: L)Jota ot>: April R,ptwr RAW/b,}b ' ' O;IT111!MU/IYIOIWlllll~DUMllcartibl<•W.U),Qwtim1YonblUAy1.lJIMY'9r H(/IITl!l~H ni;>.QH u.12.uoc 965 -- --------.....:!t.·i----- ·t ~ l oU\/Aainoa Hovaa ..,.,,-----'n------,;r----..----c..,....-,,------!.l- l ! V7' 956 March 13, 2025 City of Huntington Beach 2000 Main Street Chevron • Kurt Riemer Risk Management & Insurance Huntington Beach, CA 92648 .. Chevron Environmental Management Company ("Chevron") Site Access Agreement between Chevron Environmental Management Company and City of Huntington Beach for Premises Located at 18477 Beach Blvd., Huntington Beach, CA Chevron Station No. 9-8474 (the "Agreement") Dear Sir/Madam: This letter confirms that Chevron's insurance obligations in the Agreement are self-insured by Chevron, and any claims that would normally be covered by insurance policies shall be paid solely through the financial resources of Chevron. All insurance claims that Chevron is contractually liable for shall be paid by Chevron up to the minimum insurance limit requirements stated in the Agreement. Chevron's self-insurance supporting its obligations under the Agreement is comparable to commercially available insurance. Chevron's Workers' Compensation insurance requirements in the Agreement are satisfied through insured or self-insured programs depending upon the location of the employee's workplace. This self-insurance letter is in lieu of a certificate of insurance and will remain valid until the expiration or earlier termination of the Agreement (including any renewal thereof). Sincerely,)~~ Kurt Riemer cc: Theodora Foster Chevron U.S.A. Inc. Insurance Division 6001 Bollinger Canyon Road, San Ramon, CA 94583 Tel 925 842 8138 Fax 925 842 6007 KRlemer@chevron.com Site Access Agreement with Chevron for Environmental Remediation City owned property adjacent to Denny’s, Beach Blvd. City Council Meeting April 1, 2025 Statement of Issue The City Council is asked to approve a Third Amendment to the Site Access Agreement allowing Chevron EMC to continue environmental monitoring and possible remediation on City owned property under OCHCA oversight. Site Access Location • APN: 159-031-16. City owned property adjacent to Denny’s (18477 Beach Blvd.). Used for Environmental monitoring and possible remediation. Overview • Third Amendment to Site Access Agreement. • Environmental work subject to OCHCA oversight. • Timeline • 2013-Original Agreement approved • 2016-First extension approved • 2021-Second extension approved • 2025-Current expiration / 3rd extension proposed • 2029-Proposed new expiration Recommended Action • Approve and authorize the Mayor and City Clerk to execute the Third Amendment • This will ensure continued environmental compliance and site monitoring Questions? City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-207 MEETING DATE:4/1/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager VIA:Alisa Backstrom, City Treasurer PREPARED BY:Joyce Zacks, Deputy City Treasurer Subject: Approve and authorize execution of a contract with Data Ticket, Inc., for the provision of Parking and Administrative Citation processing and Parking Permit Services Statement of Issue: City Council approval is requested for an agreement between the City of Huntington Beach and Data Ticket, Inc. (Data Ticket) to provide parking and administrative citation processing, collection services , and parking permit services. Financial Impact: The FY25/26 proposed budget for the Treasury Department contains sufficient funding in the General Fund to support the annual cost of the contract with Data Ticket for parking citations and fines, parking permit services, and administrative citations. These combined are anticipated to generate approximately $6,000,000 in General Fund revenue each year. Recommended Action: (A)Approve and authorize the Mayor and City Clerk to execute “Service Agreement Between the City of Huntington Beach and Data Ticket, Inc. For Citation Processing and Parking Permit Solution Services” in an amount not to exceed $1,950,000 for a 3-year term with two additional one-year extensions; and (B) Authorize the City Manager to execute all documents in furtherance of this Agreement. Alternative Action(s): Do not approve, and direct staff accordingly. Analysis: The City of Huntington Beach has maintained an external contractor to perform parking citation processing since 1992 due to the high costs of performing these functions in-house. City of Huntington Beach Printed on 3/26/2025Page 1 of 2 powered by Legistar™ File #:25-207 MEETING DATE:4/1/2025 The City of Huntington Beach conducted a competitive bid in July 2021 where it was determined that Data Ticket offered both the lowest cost and best customer service, along with the most advanced technology. Data Ticket also offers technological and customer service capabilities in the areas of online permit sales, as well as License Plate Recognition (LPR) capability to further enhance Police and Parking Enforcement efficiencies. The current agreement with Data Ticket expires at the end of June 2025. The City would like to continue with Data Ticket for parking citation and parking permit services to ensure ongoing collection. Additionally, as part of the City’s ongoing efforts to improve operational efficiencies and increase revenue, we would like to expand the scope of services to include processing of administrative citations. The addition of administrative citations will enhance noticing, aging, and collection of citations across multiple City departments, resulting in increased revenues for the General Fund. Municipal Code 3.02.190.C (Interagency Purchase Agreements) allows the City to “piggyback” off the County of Riverside’s existing contracts/purchase orders with Data Ticket. Their agreement was procured through an approved Request for Bid process, and the contract was issued on July 1, 2022. City Council authorization is requested to execute a new three-year agreement with Data Ticket, Inc. in an amount not to exceed $1,950,000 over 3 years. 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.Service Agreement Between the City of Huntington Beach and Data Ticket, Inc. For Parking and Administrative Citation Processing and Parking Permit Solution 2.City of Riverside Professional Service Agreement for Citation Processing Services with Data Ticket, Inc. City of Huntington Beach Printed on 3/26/2025Page 2 of 2 powered by Legistar™ SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND DATA TICKET, INC. FOR CITATION PROCESSING AND PARKING PERMIT SOLUTION 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 Data Ticket, Inc., a California Corporation, hereinafter refened to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of c itation processing and parking permit solutions. B. Contractor represents that Contractor is able and willing to provide such ser vices to the City. C. In undertaking the performance of this Agreement, Co ntractor 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 C hapt er 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 Brook Westcott, who shall represent it and be its sole contact and agent in all cons ultations with City during the perfo1mance of this Agreement. 2. City Staff Assistance City shall assign a staff coordinator to work d irectly with Contractor in the performance of this Agreement. 25-161 57/373564 1 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 to tal sum to be expended under this Agreement, shall not exceed Two Million Dollars ($2,000,000.00) during the term of this Agreement. b. Pay ment by City shall be made w ithin thi1ty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Paymen t 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 Exhi bit "B." 4. Term Time is of the essen ce of this Agreement. The services of Contractor are to commence May 1, 2025, or as soon as practicable after the execution of this Agreement by City (th e "Commencement Date") and terminate three (3) years from Commencement Date, unless terminated earlier in accordance with the provisions of this Agreement. Cont ract may be extended for 2 additional one-year periods if m utually agreed to in writing by both paities. The time for per formance of the tasks identified in Exhibit "A " are gen erally 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 th e Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided h er ein. 5. Extra Work In the event C ity requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," Contractor will undertake s u ch 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 i s obtained. 6. Disposition of Plans, Estimates and Other Documents Contractor agrees that title to all materials prepai·ed hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, date or prograi11s, maps, memoranda, letters and other documents, shall belong to City, and Contractor shall tum these materials over to City upon expiration or termination of thi s Agreement or upon Project completion, whichever sh all occur first. These materials may be used by C ity as it sees fit. 25 -16157/373564 2 7. Hold Harmless Contractor hereby agrees to protect, defend, indemnify and hold harmless City, its officers, e lected or appointed officia ls, 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 natme, however caused, including those resulting from death o r injmy to Contractor's employees and damage to Contractor's property, arising directly or indirectly out of the obl igations or operations herein undertaken by Contractor, caused in whole or in pa.ii 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 concunent active or passive neg ligence, 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 awai·eness 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 fmnish to City workers' compensation and employer's liability insurance in an amount of not less than the State stat1.1 tory limits. Contractor shall require all s ubcontractors to provide such workers' compensation and employer's liability insurance fo r 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 liabi li ty insurance and Contractor shall similai·ly require all subcontractors to waive subrogati on. 9. General Liability Insurance In addition to the w orkers' compensation and employer's liability insmance 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/S ervice . T his 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 com1ection with the Project/Service, and shall provide coverage in not less than the fo llowing amount: combined single limit bodily injury and property dainage, including products/compl eted 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, 25-16 157/373564 3 the aggregate limit must be no less than One Million Dollars ($1,000,000) per occunence. 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 n ame City, its officers, elected or appointed officials, employees, agents, and vo lunteers as Additional Insureds, and shall specifically prov ide 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 f-l1rnish 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 r equired coverage except with the express written consent of City. 11. Certificate of Insurance Prior to conunencing performance of the work hereunder, Contractor shall furnish to City a certificate of insurance subj e ct 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 ei ther party, reduced in coverage or in limits except after thi1ty (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 d efense, ho ld harmless and inde1mufi cation obligations as set fmth 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 premimns on the insurance hereinabove required. 25-161 57 /373564 4 12. Independent Contractor Contractor is, and shall be, acting at all times in the performance of this Agreement as an independent contractor here in 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 a ll 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 confli ct in any manner with performance of services specified under this Agreement. 14. Termination This Agreement may be terminated by the City upon thirty (3 0) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation fo r all services performed by Contractor prior to receipt of such no t ice 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. Exclusiv ity and Am en dment 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. Thi s 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 h ereof, 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 h erein. 25-16157 /3 73564 5 16. Assignment Inasmuch as to this Agreement is intended to secure the s pecialized 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 Goverm11ent Code. 18. Notices Any notices, certificates, or other communications heretmder shall be given e ither 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 depos iting the same in the United States Postal Service, to the addresses below. City and Contractor may designate different addresses to which subsequent notices, c ertificates or other com1mmications will be sent by notifying the other paity v ia personal delivery, a reputable overnight carrier or U.S. certified U.S. ce1tified mail-return receipt requested: To City: City of Huntington Beach Attn: Director of Public Works 2000 Main Street Huntington Beach, CA 92648 19. Consent Contractor: Data Ticket, Inc. Attn: Brooke Westcott 2603 Main Street Suite 300 Irvine, CA 92614 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 saine 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 pai·ties. 25-16 157/3 73564 6 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 express ly 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 ful l compliance with the immigration and naturali zation laws of the United States and sha ll , in particular, comply with the provisions of the United States Code regarding employment ver ification. 25. Legal Services S ubcontracting Prohibited Contractor and City agree that C ity is not liabl e for payment of any subcontractor work involving legal ser vices, 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; 25-16157/373564 7 and City shall n ot be liable fo r payment of any legal services exp enses incurred by Contractor. 26. Confidentiality Contractor recogni zes that in the p erformance of its duti es 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 u se reasonable efforts consistent with practices customary in the facilities management industry in recruiting, training and supervising employees and in otherwise p erforming its duties hereunder in order t o achieve this result. In the furtherance of this, Contractor agrees, at the request of the City, to require its e mployees to execute written undertakings to comply with the foregoing confidentiality provision. 27. Discrimination Contractor shall nol discriminate because of race, color, creed, religion, sex, marital status, sexual ori entation, age, nat ional origin , ancestry, or disability, as define d and prohibited by applicabl e 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 appl ica ble federal, state and local laws and r egulations. 28. Juris diction -Ven ue This Agreement and all questions relating to its validity, interpr etation, performance, and enforcement s hall be govermnent and construed in accordance with the laws of the State of California. This Agreement ha s been executed and delivere d in the State of California and the valid ity, interpretation, performance, and enforcement of any of the clauses of this Agreement shal l be d etermined and governed by the laws of the State of California. Both parties fu rther agree t hat 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 Agreem ent. 29. Professional L icen ses Contractor shall , tlu·ou gh the term of this Agreement, mainta in all necessary licenses, permits, approval s, waiver s, and exempti ons 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 B each and all other governmental agencies . Con tractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, l icenses, app rovals, waivers , and exemptions. Said inability shall be cause for termination of th is Agreement. 25-161 57/373564 8 30. Attorney's Fees In the event suit is brought by either party to construe, interpret and /or enforce the terms and/or provision s of this Agreement or to secur e the performance hereof, each party shall bear its own atto rney's fees , such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party . 31. Su rvival 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. Signa tor ies Each undersigned represents and warrants t hat its signature hereinbe low has the power, authority and ri ght to bind their resp ective parties t o each of the terms of this Agreement, and shall indemnify City fully fo r any injuries or damages to City in the event that such authority or power is not, in fact, held by the si gnato ry or is withdrawn. 34. Entirety (a) The parties acknowledge and agree that they are entering into this Agreement freely a nd voluntarily following extensive arm's le ngth negotiation, and that each has had the oppo rtun ity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no repre sentations, 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 thi s Agreement, and that that party has not executed this A greem ent in rel iance on any representation, inducement, promise, agreement warranty, fact or circumstance not express ly set f01th in this Agreement. (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fu ll y set forth in the body of this Agreement. 25-16157/3 73564 9 35. Effective Date IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the Mayor. This Agreement shall expire when terminated as provided herein. CONTRACTOR DATA TICKET, INC. By: ___________ _ Print name ITS: ( circle one) Chairman/President/ Vice President AND By: ___________ _ Print name ITS: (circle one) Secretary/Chief Financial Officer/ Asst. Secretary-Treasurer 25-16157 /373564 10 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk INITIATED AND APPROVED: City Treasurer APPROVED AS TO FORM: \~L ~ v City Attorney REVIEWED AND APPROVED: City Manager EXHIBIT A & B • inc. A CA LI FO RNI A CORPORATION FOUNDED IN 1989 10S Handheld Information Administrative Citation Issuance 2025 For Support and Sales assistance , please contact: Heather Nowlan Director, C li e nt Relation s Direct t (949) 428-7241 HNowlan@DataTicket.com C lientServices@Data Ticket. com Sergio Pacheco Client Services Coordinator Dire ct t (949) 428-724 7 ClientServices@Data Ticket. com 2603 Main Street, Suite 300 Irvine, CA 92614 (t) 949.752.6937, (f) 949.28 1.3195 www. Data Ticket. com CONFIDENTIAL INFORMATION DISCLAIMER This proposal contains certain confidential and valuable information in the form of ideas , know-how, concepts , processes , plans and trade secrets that belong to Data Ticket, Inc. In accordance with the California Public Records Act, this confidential information shall not be disclosed outside the Agency and shall not be duplicated , used , or disclosed in whole or in part for any purpose except in the procurement process. Confidential information contained in this document is noted on each applicable page or image. Serious and irreparable competitive disadvantage in future procurements could result from the release of any confidential information contained in this proposal. Please notify us immediately, in writing if t here is a request for disclosure of any confidential information so that Data Ticket will have an opportunity to participate in any disclosure discussions. The following data , furnished in connection with this solicitation , shall not be disclosed except to those who are directly involved with the evaluation with i n the Agency and shall not be duplicated , used or disclosed in whole or in part for any purpose other than to evaluate the proposal provided . If a contract is awarded to this offer or in connection with the submission of this data , the Agency shall have the right to duplicate, use or disclose the data to the extent provided in the contract. This restriction does not limit the Agency's right to use information contained in the data unless it is obtained under proper authorization from another source without restriction . 21 P age PROPRIETARY AND CONFIDENTIAL INFORMATION Handheld Ticket Writers Offered by Data Ticket, Inc. Data Ticket offers Agencies a range of hand held ticket writers to select from to meet the Agency's needs. Below and on the following pages, we have provided descriptions of the handheld devices offered to our clients . If Agency Personnel do not see the unit they would like to utilize , we are happy to work with the Agency to determine which unit(s) the Agency prefers. If the chosen hardware is compatible with our application , we are happy to provide pricing and install our Handheld Citation Issuance Application on the preferred solution. Additionally, the Agency is not confined to a single hand held unit. A combination of units may be utilized across issuing Officers to accommodate each Officer's needs. If some Officers like the Samsung Unit and other Officers like the XF1 R2 , we can accommodate this request. Please note, different ticket stock is utilized for each type of printer which would increase the expense. The units offered on the following pages are : ♦ iPhone 14-This unit is just like the top Samsung A53 or Similar Device. The phones are capable of texting and are generally very easy to use as many Officers carry a similar device today. These units are 2 piece units that connect to a separate printer via a Bluetooth connection. ♦ iPhone 14 Plus -This unit is a slightly upgraded version of the above iPhone 14 with a larger screen and bigger battery. ♦ iPhone 14 Pro Max -This unit is the top of the line version of the above iPhone 14 Plus, with the fastest processing power and camera. 3I Page PROPRIETARY AND CONFIDENTIAL INFORMATION 2603 Main Street, Suite 300 Irvine, CA 92614 (t) 949.752.6937, (t) 949.281.3195 www.DataTicket.com Below, we have provided a brief comparison of the units provided so the Agency Personnel can easily compare each un it against the other: Item iPhone 14 iPhone 14 Plus iPhone 14 Pro Max Dimensions 5.78" X 2.81" X 0.31" 6.33" X 3.07" X 0.31" 6.33" X 3 .05" X 0.31" Screen Size 6.1 " Diagonal 6. 7" Diagonal 6. 7" Diaqonal Weiqht 0.379 lbs 0.448 lbs 0.529 lbs Printer Type External External External Operating iOS 16.x iOS 16 .x iOS 16.x Svstem Camera Rear: Rear: Rear: 12 MP 12 MP 148 MP Battery Size 3279 mAh 4325 mAh 14323 mAh Charqe Time 1 hours 2 hours 2 hours Temperature Refer to Manufacturer Refer to Manufacturer Refer to Manufacturer Limits 4I Page PROPRIETARY AND CONFIDENTIAL INFORMATION 2603 Main Street, Suite 300 Irvine, CA 92614 (t) 949.752.6937, (f) 949.281.3195 www.DataTicket.com Handheld Device Images iPhone 14 or Similar Device Paired with a Bluetooth Printer Printer Offered by Data Ticket for 2 Piece Units to issue Administrative Citations: ♦ 4" Zebra Printer -The 4" Zebra ZQ521 printers ' direct thermal portable printer features a rugged design and reliab le performance that will continue to operate long after other printers have failed . The units are comfortable , light-weight printers capable of working with any mobile printing application where you need citations printed wherever you are. When utilized with a case , the printe rs are IP54-rated to resist dust and water and each printer can endure a 6 foot fall and keep printing . These small and light printers can be worn comfortably for a full shift, without interfering with the Officer's tasks. SI Page PROPRIETARY AND CONFIDENTIAL INFORMATION 2603 Main Street, Suite 300 Irvine, CA 92614 (t) 949.752.6937, (f) 949.281.3195 www.DataTicket.com Handheld Printer Image 4" Zebra ZQ521 Printer 61 Page PROPRIETARY AND CONFIDENTIAL INFORMATION 2603 Main Street, Suite 300 Irvine, CA 92614 (t) 949.752.6937, (f) 949.281.3195 www. Data Ticket. com Citation Issuance Android Application All handheld software is developed , owned, and fully supported by Data Ticket, Inc. We have dedicated handheld resources available to you for troubleshooting, repairs, upgrades, general question inquiry and technical support. Below and on the following pages is a list of the features available in our citation issuance application: Connected Anywhere , Anytime* The Android smartphones connect wirelessly through your desired cellular carrier. This allows the devices to communicate in real time with our servers to transmit citation data and media , as well ·as receive any updates without having to return to base or dock the unit onto a cradle. Citizen recipients can immediately pay for their citation. Departments and Districts Full support for multiple departments and districts within departments is available. Violations, comments and locations can be customized by department. Several sets of data for different departments (Parking, Street Sweeping , Meters) are supported. Scofflaw, C itation History , Vehicle Database While issuing citations, our Android solution will automatically alert issuing officers if a vehicle plate is on the scofflaw list or VIP list. Information is also displayed if there is any history stored in our database for a vehicle plate. The officer will see citation history and vehicle information like make, model and color will automatically be populated to the citation which will save valu able time while issuing citations. This information is provided in rea l time via webservices* and is shared between handhelds immediately. Live OMV Interface* Connect directly with the CA OMV while in the field, providing access to view current registered owner and any payments made to the CA OMV in the last 30 days for scofflaw vehicles. Additional information provided includes the vehicle registration expi ration date which is also automatically updated to the citation information. OMV confidentiality documents required. CA Dealer Plate Reconnaissance Easily mark California plates as Dealer Plates and our system will acqu ire the responsible attached business to continue collections. CA Dealers no longer get a free pass for parking! Handicap Placard Checking * Utilizing our Live OMV Interface feature, you can now check handicap placards in rea l time to verify their status and expiration. OMV confidentiality do cuments required. Report Issues* Officers can report issues in the field which are shared amongst all other handhelds in the field. Meter issues , curb issues, signage issues or any other custom issue can be reported as existing or marked as fixed by any handheld in the field. Take up to 8 photos for each issue, all of which are viewable on all handhelds in real time. Request Help* Have an issue with your handheld while in the field , or just have a question you need answered? The Need Help interface gives your officers a direct portal to call or email our Mobile Support team. When help is needed , our Mobile Support team is capable of directly communicating to handhelds via Live Chat immediately in real time. 71 P age PROPRIETARY AND CONFIDENTIAL INFORMATION 2603 Main Street, Suite 300 Irvine, CA 92614 (t) 949.752.6937, (f) 949.281 .3195 www. Data Ticket. com Customized Printing Save money on ticket stock by ordering blank media -our handhelds can print any custom header image at the top of the citations such as an Agency's logo or seal. Various custom fonts may also be available upon request. LPR (License Plate Recognition)* Just point the hand held at the back of the vehicle and within seconds our LPR will automatically enter the vehicle plate, state , make, color, and body type into the citation issue interface which will save the officer time. The image of the back of the vehicle is also automatically saved as part of the citation images. The pla te that is entered is immediately and automatically checked against our extensive database for citation history, vehicle history and scofflaw. Digital Chalking Chalk vehicles without handling messy chalk. With our application , you can cha lk a veh icle by digitally marking the tire air va lve position on the device. You can also take additional pictures of the vehicle and preset locations as well as violations for each chalk. Chalked vehicles are viewable on a list and/or a visual map provided by Google Maps. When a chalking record has expired, the officer is notified to issue a citation to that vehicle. Images taken during cha lking are automatically appended to the issued citation. Chalked vehicle data is shared between handheld units for your agency in real time via webservices with a data plan. LPR Enhanced Digital Chalking* Using our advanced mobile LPR system, you can now quickly and effortlessly digitally chalk a line of vehicles just by pointing the handheld at the back of the vehicle. You are also given an opportunity to either take a quick photo of the vehicle tire valve stem position or use our intuitive digital valve stem marking system. Fast Camera Our custom made FastCam interface enables you to take photos as fast as you can tap the shutter button . Each photo is processed in the background, adding the citation number and timestamps before saving the images to the citation being issued. Capture photos lightning fast during the daytime or at night with the flash turned on. Maximum Media Capture Take photos, videos , or voice recordings all while issuing a citation . You can even issue a citation and add the photos/video/voice recordings after the citation has been printed. This allows the officer to quickly produce a citation and follow up with photos afterwards. The captured media is viewable on our website as soon as it's uploaded from the handheld. Voice Dictation (Cite by Voice) Our software is fully voice activated , allowing an officer to dictate an entire citation from top to bottom simply by speaking to the handheld. Mu ltiple Violatio n Issuance If authorized by the Agency, Officers can issue multiple violations per citation. Should the Agency require the ability to issue a maximum number of violations per citation, a configuration can be set accordingly. 8I P a g e PROPRIETARY AND CONFIDENTIAL INFORMATION 2603 Main Street , Suit e 300 Irvine, CA 92614 (t) 949.752.6937, (f) 949.281.3 195 www.DataTicket.com S.O .S. Distress Calling * Our software incl udes an S.O.S. button that allows an officer to immediately call for help. The button will email and text any number configured to receive SOS notifications that will include the officer badge, GPS location, and the citation issuance device's number. Void , Reissue , Warnings W ith the Data Ticket application, officers are given the ability to issue warning citations. Officers may also void a citation straight from the hand held after it's been printed. They can also reissue a printed citation which will void the current citation and issue a new citation with the previous citation data pre-populated including a ll images, videos, and record ings. This allows the officer to quickly correct any field(s) as necessary and print a new citation. If for any reason the void was made in error, there is another option to undo the void . Bar Code / OCR Scan Line Usage Our handheld software can (upon Agency requirement) print barcodes and OCR scan lines to better integ rate our client's financial and or cashiering systems and el iminate data entry by cashiers. Permits , Paid Stall/Meter Information* Our application is directly integrated with various pay-by-plate/stall technology vendors. Along with this, we also offer custom permit web-services which officers can util ize in the field to determine if a veh icle p late has a valid permit before issuing a c itation . Automatic Location (GPS)* Today's advanced GPS technology allows your officers to retrieve precise st reet numbers and street names at the click of a button for units on a data plan. This e liminates the need to search for painted street numbers or signs and scroll through a list of available locations on the hand held. Geolocation Citation Tagging* Each citation issued with the Data Ticket Android application on a data plan is digitally tagged with the GPS coordinates at the time the citation is printed. This is interfaced with our website and viewable as a report showing geolocations of issued citations on a map provided by Google Maps. If the Agency elects to use one of our handheld units w ith a data plan that can capture the GPS coordinates (latitude and longitude), Agency personnel will have the ability to view a Geo Mapping Report. The Geo Mapping Report provides users with the abi l ity to view citations issued within a specific timeframe, for a specific violation or location, and includes the status of the citation. As you can see in the following image, the map displays citation status by color and provides the ability to zoom in and out of an area, as well as to click on a citation to take the user directly to the citation in question. *Data Plan requi red to u t ilize th is feature 9 1 P a g e PROPRIETARY AND CONFIDENTIAL INFORMATION 2603 Main Street, Suite 300 Irvine, CA 92614 (t) 949 .752.6937, (f) 949.28 1.3195 www. Data Ticket. com Sample Geo Mapping Report: Violotlons Geo Map Repon • Agency Name Oepa.r1ment Select Department v V1olabons S.e!E"ct Violauon license Pfale Stale Callfomla Bldg& Sel£(t Badge Pre-Set Location Select Location Location "Sla11 Dale 01/18/2021 59 Malctitno v1otanans (Up lo a ma·oum of 300 markers-v,'l!I be disi:,layedl "EM Oat• 01/19/2021 ' Open Cf/ On Hold ~ Closed " \ViminO Map G "o'"g le Satellit e •) S6ttorT 1.•-nl o l r l flfri4\l0hl!i A•ll)Ort 9 0 {j Sa cramento @ Q Map Satellite I Sac..141'111tl11D f"ti'ft,t),cn.al '""""" 0 """"" @I e Sacramento F.I ··-Go g le r,onn $ ··----~J,i4 1Er:t. .:cuC\~..:.00,1.!, :'.jC ::•.ta•i-dlif_; u,~-· v;!'..;.ll •F ~?;!,Dy£•:,,., St,-Ur..;?1 ~ I f ol~m l!<t:r Ctct,kHrl.~ • I -,,;..,.J l .. :.oll-t~th: i,~fntlOR J\f,tJ -v, ... • ·.~~:·; + qV(flO ,..,,,. .. 0 Tw:,ulftJH h I ·+,.. IMAGES PROPRIETARY AND CONFIDENTIAL TO DATA TICKET, INC. 10I Page PROPRIETARY AND CONFIDENTIAL INFORMATION 2603 Main Street , Suite 300 Irvine, CA 92614 (t) 949.752.6937, (f) 949.281.3195 www.DataTicket.com Handheld Ticket Writer I Printer Pricing Data Ticket has provided the following handheld un it pricing for Three Year Lease options as well as Purchase Price options. If the Agency prefers to purchase the handhelds and/or printers on their own rather than with Data Ticket, we would be more than happy to provide the associated costs. Each of these hand held unit options will meet the needs of the Android Application . Two Piece Handheld Ticket Writer Pricing Item 3 Year Lease Purchase iPhone 14 $70.00 per month $1,660.00 Otterbox Case Sold Separately iPhone 14 Plus $80.00 per month $1,860.00 Otterbox Case Sold Separately iPhone 14 Pro Max $85.00 per month $2,200.00 Otterbox Case Sold Separately AND Two Piece Handheld Printer Pricing Item 3 Year Lease Purchase Zebra 4" ZQ521 Printer $45.00 per month $1 ,400.00 Case Sold Separately Handheld Accessories Pricing Item Purchase Otterbox Case (For iPhones) $85.00 Zebra Printer Strap Case (For Zebra 4" ZQ521) $150.00 O12,tional -Car Charger (For Zebra ZQ521 Printer) $150.00 11I Pag e PROPRIETARY AND CONFIDENTIAL INFORMATION 2603 Main Street, Suite 300 Irvine, CA 92614 (t) 949.752.6937 , (f) 949.281.3195 www.DataTicket.com Handheld Associated Costs Item Price 1st Year Software License Fee- This is a one-time fee for the software application and $1 ,000 .00 per unit all enhancements. Annual Software License Fee-$300 .00 per unit per year This for the software application and all enhancements. Software Maintenance/Support/ Troubleshooting- Includes phone support M-F during regular business $40.00 per unit per month hours, remote repair, and updates. Training -In Person Onsite training at the Agency's preferred location w ill be provided. Training typic ally takes place over the $900.00 course of a few hours and w ill be customized to meet the Agency's Requirements. Training -Virtual $400.00 Ticket Stock-To Be Quoted To be quoted based on quantity and style options. Optional -Replacement for Lost/Stolen/Damaged Handheld Unit-$30.00 per unit per month ($350 . 00 deductible charged for each lost/stolen or damaged unit) Optional -Hosted Data Plan- Billed monthly as a straight pass-thru from either Actual Cost per unit per month Verizon or AT&T. Tax and shipping not included in the above pricing. Please note the "Software Maintenance/Support/Troubleshooting" will cover the handheld unit up until it has been deemed obsolete and/or outdated which is typically at 3 years. We will continue to maintain, support and troubleshoot for as long as possible, however once the 3 years has passed, it would be up to the Agency to enter into a new purchase or lease agreement if issues and problems continue and/or arise. 12I Page PROPRIETARY AND CONFIDENTIAL INFORMATION EXHIBIT A & B • inc. A CA LI FORN I A CO RPORAT ION FOUNDED IN 1989 10S Parking Handheld Information 2025 For Support and Sales assistance , please contact: Heather Nowlan Director, Cl ient Relations Direct t (949) 428-7241 HNowlan@DataTicket.com ClientServices@Data Ticket. com Sergio Pacheco Client Services Coordinator Direct t (949) 428-7247 ClientServices@Data Ticket. com 2603 Main Street, Suite 300 Irvine, CA 92614 (t) 949.752.6937, (f) 949.281.3195 www. Data Ticket. com CONFIDENTIAL INFORMATION DISCLAIMER This proposal contains certain confidential and valuable information in the form of ideas , know-how, concepts , processes, plans and trade secrets that belong to Data Ticket, Inc. In accordance with the California Public Records Act, this confidential information shall not be disclosed outside the Agency and shall not be duplicated , used, or disclosed in whole or in part for any purpose except in the procurement process . Confidential information contained in this document is noted on each applicable page or image . Serious and irreparable competitive disadvantage in future procurements could result from the release of any confidential information contained in this proposal. Please notify us immediately, in writing if there is a request for disclosure of any confidential information so that Data Ticket will have an opportunity to participate in any disclosure discussions. The following data, furnished in connection with this solicitation, shall not be disclosed except to those who are directly involved with the evaluation within the Agency and shall not be duplicated , used or disclosed in whole or in part for any purpose other than to evaluate the proposal provided. If a contract is awarded to this offer or in connection with the submission of this data, the Agency shall have the right to duplicate , use or disclose the data to the extent provided in the contract. This restriction does not limit the Agency's right to use information contained in the data unless it is obtained under proper authorization from another source without restriction. 21 Page PROPRIETARY AND CONFIDENTIAL INFORMATION Handheld Ticket Writers Offered by Data Ticket, Inc. Data Ticket offers Agencies a range of hand held ticket writers to select from to meet the Agency's needs. Below and on the following pages , we have provided descriptions of the handheld devices offered to our clients. If Agency Personnel do not see the unit they would like to utilize, we are happy to work with the Agency to determine which unit(s) the Agency prefers. If the chosen hardware is compatible with our application, we are happy to provide pricing and install our Handheld Citation Issuance Application on the preferred solution. Additionally, the Agency is not confined to a single handheld unit. A combination of units may be utilized across issuing Officers to accommodate each Officer's needs. If some Officers like the Samsung Unit and other Officers like the XF1 R2, we can accommodate this request. Please note, different ticket stock is utilized for each type of printer which would increase the expense. The units offered on the following pages are: • iPhone 14 -This unit is just like the top Samsung A53 or Similar Device. The phones are capable of texting and are generally very easy to use as many Officers carry a similar device today. These units are 2 piece units that connect to a separate printer via a Bluetooth connection. • iPhone 14 Plus -This unit is a slightly upgraded version of the above iPhone 14 with a larger screen and bigger battery. ♦ iPhone 14 Pro Max -This unit is the top of the line version of the above iPhone 14 Plus , with the fastest processing power and camera. 3 I Page PROPRIETARY AND CONFIDENTIAL INFORMATION 2603 Main Street , Suite 300 Irvine , CA 92614 (t) 949.752.6937, (f) 949.281 .3195 www.DataTicket.com Below, we have provided a brief comparison of the units provided so the Agency Personnel can easily compare each unit against the other: Item iPhone 14 iPhone 14 Plus iPhone 14 Pro Max Dimensions 5 .78" X 2.81" X 0.31 " 6.33" X 3.07" X 0.31 " 6.33" X 3.05" X 0.31 " Screen Size 6.1 " Diaqonal 6 .7" Diaqonal 6.7" Diagonal Weight 0.379 lbs 0.448 lbs 0.529 lbs Printer Type External External External Operating iOS 16.x iOS 16 .x iOS 16.x System Camera Rear: Rear: Rear: 12 MP 12 MP 148 MP Battery Size 3279 mAh 4325 mAh 14323 mAh Charge Time 1 hours 2 hours 2 hours Temperature Refer to Manufacturer Refer to Manufacturer Refer to Manufacturer Limits 4I Page PROPRIETARY AND CONFIDENTIAL INFORMATION 2603 Main Street, Suite 300 Irvine, CA 92614 (t) 949.752.6937, (f) 949.281.3195 www.DataTicket.com Handheld Device Images iPhone 14 or Similar Device Paired with a Bluetooth Printer Printers Offered by Data Ticket for 2 Piece Units Data Ticket offers Agencies a range of printers with which to pair hand held ticket writers that do not have a built-in printer. The printers print either 3" or 4" citations. The selection of a printer is similar to the selection of a handheld ticket writer. Agency Personnel may select a single printer to use for all Officers or Agency Personnel may wish to use a variety of printers. Of course, we do recommend Agency Personnel use a single ticket width so a single ticket order will work, regardless of the printer selected . 51 Page PROPRIETARY AND CONFIDENTIAL INFORMATION 2603 Main Street, Suite 300 Irvine , CA 92614 (t) 949.752.6937, (f) 949.281.3195 www.DataTicket.com Below we have provided 2 of the popular models used by our clients that elect a 2-p iece unit: ♦ 3" TSC Printer and 4" Zebra Printer -The TSC Alpha -30R and 4" Zebra ZQ521 printers direct thermal portable printer features a rugged design and reliable performance that will continue to operate long after other printers have failed . The units are comfortable , light-weight printers capable of working with any mobile printing application where you need citations printed wherever you are. When utilized with a case , the printers are IP54-rated to resist dust and water and each printer can endure a 6 foot fall and keep printing. These small and light printers can be worn comfortab ly for a full shift, without interfering with the Officer's tasks. Handheld Printer Images 3" TSC Alpha-30R Printer 4" Zebra ZQ521 Printer 6 I Page PROPRIETARY AND CONFIDENTIAL INFORMATION 2603 Main Street, Suite 300 Irvine, CA 92614 (t) 949.752.6937, (f) 949.281.3195 www. Data Ticket. com Citation Issuance Android Application All handheld software is developed , owned, and fully supported by Data Ticket, Inc. We have dedicated handheld resources available to you for troubleshooting, repairs, upgrades , general question inquiry and technical support. Below and on the following pages is a list of the features available in our citation issuance application: Connected Anywhere, Anytime* The Android smartphones connect wirelessly through your desired cellular carrier. This allows the devices to communicate in real time with our servers to transmit citation data and media, as well as receive any updates without having to return to base or dock the unit onto a cradle. Citizen recipients can immediately pay for their citation. Departments and Districts Full support for multiple departments and districts within departments is available. Violations, comments and locations can be customized by department. Several sets of data for different departments (Parking, Street Sweeping, Meters) are supported. Scofflaw, Citation History , Vehicle Database While issuing citations , our Android solution will automatically alert issuing officers if a vehicle plate is on the scofflaw li st or VIP list. Information is also displayed if there is any history stored in our database for a vehicle plate. The officer will see citation history and vehicle i nformation like make, model and color will automatically be populated to the citation which will save valuable time while issuing citations. This information is provided in real time via webservices* and is shared between handhelds immediately. Live OMV Interface* Connect directly with the CA OMV while in the field , providing access to v iew current registered owner and any payments made to the CA OMV in the last 30 days for scofflaw vehicles. Additional information provided includes the vehicle registration expiration date w hich is also automatically updated to the citation information. OMV confidentiality documents required. CA Dea ler Plate Reconnaissance Easily mark California plates as Dealer Plates and our system will acquire the responsible attached business to continue collections. CA Dealers no longer get a free pass for parking! Handicap Placard Checking* Utilizi ng our Live OM V Interface feature, you can now check handicap placards in rea l time to verify their status and expiration. OMV confidentiality documents required. Report Issues * Officers can report issues in the field which are shared amongst all other handhelds in the field . Meter issues, c urb issues, signage issues or any other custom issue can be reported as existing or marked as fixed by any handheld in the field. Take up to 8 photos for each issue, all of which are viewable on all handhelds in rea l time. Request Help* Have an issue with your handheld while in the field , or just have a question you need answered? The Need Help interfa ce gives your officers a direct portal to call or email our Mobile Support team. When help is needed, our Mobile Support team is capable of directly communicating to handhelds via Live Chat immediately in real time. 71 Page PROPRIETARY AND CONFIDENTIAL INFORMATION 2603 Main Street, Suite 300 Irvine, CA 92614 (t) 949.752.6937, (f) 949.281 .3195 www.DataTicket.com Custom ized Print ing Save money on ticket stock by ordering blank media -our handhelds can print any custom header image at the top of the citations such as an Agency's logo or seal. Various custom fonts may also be available upon request. LPR (License Plate Recognition)* Just point the hand held at the back of the vehicle and within seconds our LPR will automatically ente r the vehicle plate , state, make, color, and body type into the citation issue interface which will save the officer time. The image of the back of the vehicle is also automatically saved as part of the citation images. The p late that is entered is immediately and automatically checked against our extensive database for citation history , veh icle history and scofflaw. Digital Chalking Chal k vehicles without handling messy chalk. With our application , you can chalk a vehicle by digitally marking the tire air va lve position on the device. You can a lso take additional pictures of the veh icle and preset locations as well as violations for each chalk. Chalked vehicles are viewable on a list and/or a visual map provided by Google Maps. When a chalking record has expired, the officer is notified to issue a citation to that vehicle. Images taken during chalking are automatically appended to the issued citation. Chalked vehicle data is shared between handheld units for your agency in rea l time via webservices with a data p lan. LPR Enhanced Digital Chalking * Using our advanced mobile LPR system, you can now quickly and effortlessly digitally chalk a line of v ehicles just by pointing the handheld at the back of the vehicle. You are also given an opportunity to either take a quick photo of the vehicle tire valve stem position or use our intuitive dig ital valve stem marking system. Fast Camera Our custom made FastCam interface enables you to take photos as fast as you can tap the shutter button. Each photo is processed in the background , adding the citation number and timestamps before saving the images to the citation being issued. Capture photos lightning fast during the daytime or at night with the flash turned on. Maximum Media Capture Take photos, videos, or voice recordings all while issuing a citation. You can even issue a citation and add the photos/video/voice recordings after the citation has been printed . This allows the officer to quickly produce a citation and follow up with photos afterwards. The captured media is viewable on our website as soon as it's uploaded from the handheld. Voice Dictation (Cite by Voice) Our software is fully voice activated , allowing an officer to dictate an entire ci tation from top to bottom simply by speaking to the handheld. Mu ltiple Violation Issuance If authorized by the Agency, Officers can issue mu ltiple violations per citation. Should the Agency req uire the ability to issue a maximum number of violations per citation, a configuratio n can be set according ly. 8 1 P age PROPRIETARY AND CONFIDENTIAL INFORMATION 2603 Main Street , Suite 300 Irvine, CA 92614 (t) 949.752.6937, (f) 949.281 .3195 www.DataTicket.com S .O .S. Distress Call ing * Our software includes an S.O.S. button that allows an officer to immediately call for help. The button will email and text any number configured to receive SOS notifications that will include the officer badge, GPS location, and the c itation issuance device's number. Void , Reissue , Wa r nings With the Data Ticket application, officers are given the ability to issue warning citations. Officers may also void a citation straight from the hand held after it's been printed . They can also reissue a printed citation which will void the current citation and issue a new citation with the previous citation data pre-populated including all images , videos , and recordings. This allows the officer to quickly correct a ny field (s) as necessary and print a new citation. If for any reason the void was made in error, there is another option to undo the void. Bar Cod e / OCR Scan Line Usage Our handheld software can (upon Agency requirement) print barcodes and OCR scan lines to better integrate our client's financial and or cashiering systems and eliminate data entry by cashiers. Permits , Paid Sta ll /Meter Information * Our application is directly integrated with various pay-by-plate/stall technology vendors. Along with this , we also offer custom permit web-services which officers can utilize in the field to determine if a veh icle plate has a valid permit before issuing a citation . Automatic Location (G PS)* Today's advanced GPS technology allows your officers to retrieve precise street numbers and street names at the click of a button for units on a data plan. This eliminates the need to search for painted street numbers or signs and scroll through a list of available locations on the hand held. Geolocation Citation Tagging * Each citation issued w ith the Data Ticket Android application on a data plan is digitally tagged with the GPS coordinates at the time the citation is printed. This is interfaced with our website and viewable as a report showing geolocations of issued citations on a map provided by Google Maps. If the Agency elects to use one of our handheld un its with a data plan that can capture the GPS coordinates (latitude and longitude), Agency personnel will have the ability to view a Geo Mapping Report. The Geo Mapping Report provides users with the ability to view citat ions issued w ithin a specific timeframe , for a specific violation or location , and includes the status of the c itation. As you can see in the following image, the map displays citation status by color and provides the ability to zoom in and out of an area, as well as to click on a c itation to ta ke the user directly to th e cita tion in question. *Data Plan required to utilize this feature 91 Page PROPRIETARY AND CONFIDENTIAL INFORMATION 2603 Main Street, Suite 300 Irvine, CA 92614 (t) 949. 752.6937, (f) 949.281.3195 www.DataTicket.com Sample Geo Mapping Report: Violatlons Geo Map Repon • A~,ncy uame Department Select Department v v,ofat:ons Select Violation L1c6fiSe Plate 83dge Select Badge Pie-Su. Location Select Location Location • Stan Oat• 01/18/2021 59 t.1atct11r,g vi~arnms (U[l lo a r.lii"(klm Of )00 markers Wlll be lMpla}'edl State Calffomla • End Data 01/19/2021 ' Open ~ On t-tolcl (f Closen ' WamlnQ Map J 1W"IQi1 Satellite •J SauaJ (:1~10 l t t ""'fn.tl(tnli Alrpcn 0 K .. \'ldt:tlt:I Go g lc Map Satellite Slii::1.1.'""•1kt llt.•Hta !-<,Oal -9 ts..'ra r1eepor1 ... 0 0 u & ••• @ Sacramento ........ Go gl< ...... ,.,. .. S ·--···,.:j4 :'6~4. ~ C\G.!vJJ12 :r.: C:•;.,',i:JC..i~ t:.:~ •>~'.,.r, .•.F ~~)e tr,'E. \',-t sa"l.-s e~, = lT r ro:som \ "ev,IIIN.•. ._ , .. e-::.,au! P~r.191non • Ar~a =i.,--tNI lr.'1.ntl/il lE , ~7 • J • tu!JWII t , • ii, \.'11,J-t-Arru,q VtTI.l L'..~ •+,.. (!,,) • + Ut ~:tJ~llO,::,:,;: 'l'--f J., IMAGES PROPRIETARY AND CONFIDENTIAL TO DATA TICKET, INC. 101 Page PROPRIETARY AND CONFIDENTIAL INFORMATION 2603 Main Street, Suite 300 Irvine , CA 92614 (t) 949.752.6937, (f) 949.281.3195 www .Data Ticket. com Handheld Ticket Writer I Printer Pricing Data Ticket has provided the following handheld unit pricing for Three Year Lease options as well as Purchase Price options. If the Agency prefers to purchase the handhelds and/or printers on their own rather than with Data Ticket, we would be more than happy to provide the associated costs. Each of these hand held unit options will meet the needs of the Android Application. Two Piece Hand held Ticket Writer Pricing Item 3 Year Lease Purchase iPhone 14 $70.00 per month $1 ,660.00 Otterbox Case Sold Separately iPhone 14 Plus $80.00 per month $1,860.00 Otterbox Case Sold Separately iPhone 14 Pro Max $85 .00 per month $2,200.00 Otterbox Case Sold Separately AND Two Piece Handheld Printer Pricing Item 3 Year Lease Purchase TSC 3" Alpha-30R Printer $18.00 per month $425.00 Case & Charger Included Zebra 4" ZQ521 Printer $45.00 per month $1,400.00 Case Sold Separately Handheld Accessories Pricing Item Purchase Otterbox Case (For iPhones) $85.00 Zebra Printer Strap Case (For Zebra 4 " ZQ521) $155.00 Oe_tional -Car Charger (For Zebra Z Q52 1 Printer) $150.00 11I P a g e PROPRIETARY AND CONFIDENTIAL INFORMATION 2603 Main Street, Suite 300 Irvine, CA 92614 (t) 949. 752.6937, (f) 949.281.3195 www. Data Ticket. com Handheld Associated Costs Item Price 1st Year Software License Fee- This is a one-time fee for the software application and $1,000.00 per unit all enhancements. Annual Software License Fee-$300.00 per unit per year This for the software application and all enhancements. **Software Maintenance/Support/ Troubleshooting- Includes phone support M-F during regular business $40 .00 per unit per month hours, remote repair, and updates . Training -In Person Onsite training at the Agency's preferred location will be provided. Training typ ically takes place over the $900.00 course of a few hours and will be customized to meet the Agency's Requirements. Training -Virtual $400.00 Ticket Stock-To Be Quoted To be quoted based on quantity and style options. **Optional -Replacement for Lost/Stolen/Damaged Handheld Unit and/or Zebra 4" ZQ521 Printer $30.00 per unit per month ($350. 00 deductible charged for each lost/stolen or damaged unit) Optional -Hosted Data Plan- Billed monthly as a straight pass-thru from either Actua l Cost per unit per month Verizon or AT&T. Tax and shipping not included in the above pricing. **Please note the "Sof'tware Maintenance/Support/Troubleshooting" & "Optional - Replacement for Lost/Stolen/Damaged Handheld Unit" will cover the handheld unit up until it has been deemed obsolete and/or outdated which is typically at 4 years. We will continue to maintain, support and troubleshoot for as long as possible, however once the 4 years have passed, it would be up to the Agency to enter into a new purchase or lease agreement as Data Ticket will no longer replace or repair the units. 12I Page PROPRIETARY AND CONFIDENTIAL INFORMATION DATA TICKET inc. EXHIBIT A & 8 2603 Main Street, Suite 300 Irvine, CA 92614 949 428-7241 -Phone ClientServices@DataTicket.com PARKING CITATION PROCESSING FEE SCHDULE -CITY OF HUNTINGTON BEACH Manual Parking Citation Processing: $0.35 Services for the above-mentioned items include: • On-site data entry of manually written citations performed within 48 hours of receipt • On-site quality assurance verification of manually entered citations • Scanning of all manually written citations onto our network for storage and ease of retrieval • Bi-monthly shredding of manually written citations Electronic Parking Citation Processing: $0.20 Services for the above-mentioned items include: • Automated citation transmission into Data Ticket's Citation Management Solution 24/7 • Automated confirmation email detailing successfully transmitted citations • Automated transmission of photos attached to citations Courtesy Notice: $0.90 Services for the above-mentioned item include: • Semi-custom Courtesy Notice that is printed on an 8 ½ x 11" piece of paper and provided in a window envelope sent to the registered owner of a vehicle • All notices are attached to the citation online and are v i ewable via the web • All notices sent via P 1 Class Mail • All notices include a return envelope in which the responsible party may submit payment • This cost will increase as the US Postal Service increases the 1st Class postage rate • This charge is only incurred if the individual does not pay off the windshield and a notice is sent to the individual. Out-of-State Collections: 23% of revenue collected • This fee will cover all expenses associated with obtaining out-of-state registered owner information and will be due when a citation is paid • Data Ticket is a recognized Strategic Partner with NLETs; should the Agency have an assigned ORI , Data Ticket will request usage of the ORI for reference/audit purposes only. Data Ticket utilizes its own ORI for transactional purposes • This fee is not combined with any other contingency fee. For example, if a citation is rolled to a delinquent status, only 23% of revenue collected will be charged • If Data Ticket does not collect on a citation that is issued to an out of state plate, the Agency does not owe this fee. 0 3/04/20 25 DATA TICKET in c. 2603 Main Street, Suite 300 Irvine, CA 92614 949 428-7241 -Phone ClientServices@DataTicket.com PARKING CITATION PROCESSING FEE SCHDULE -CITY OF HUNTINGTON BEACH Delinquent Collections: 23% of revenue collected • This fee will be assessed when a citation is ninety (90) days past the citation issue date, or when a second (2 nd) notice is sent if sooner than ninety (90) days, assuming a first notice has been sent to the registered owner and the citation is not on hold for any reason • In addition to the Courtesy Notice, three Delinquent Notices will be sent to the registered owner • A ll notices are sent via First Class mail and all notices are printed on an 8 ½ x 11 " sheet of paper and folded into a window envelope ; in addition, a wi ndow envelope is provided for the recipient to return payment • A ll notices are attached to the citation online and are viewable via the web • If Data Ticket does not collect on a citation that is delinquent, the Agency does not owe this fee • Notices will be sent via 1st Class Mail, and Data Ticket will be responsible for the cost incurred Franchise Tax Board Processing -Optional SSN Look-up $1.00 per SSN • This fee will be assessed to lookup a social security number associated with a particular registered owner and address • This charge is charged per unique SSN, not per citation FTB Collections 15% of revenue collected • This fee is charged if a citation is paid at the Franchise Tax Board • This charge is not combined with any other charge; for example, if a citation is rolled to delinquent status and paid at FTB, only the 15% of revenue collected will be charged • Data Ticket will send an FTB Notice to the Patron as required by the lnteragency Intercept Program; this notice will be sent via 1st C lass Mail • All notices are attached to the citation online and are viewable via the web • Data Ticket will pay for the Agency's cost to participate in the FTB program; annually, FTB will send an invoice to the Agency for the number of debts placed at FTB; the Agency will simply provide this invoice to Data Ticket and Data Ticket will pay it in full • If Data Ticket does not collect on a citation that is at FTB, the Agency does not owe the collection fee • Data Ticket will send an FTB Notice to the Patron as required by the lnteragency Intercept Program; this notice will be sent via 1st C lass Mail 0 3/04/2 025 DATA TICKET inc. 2603 Main Street, Suite 300 Irvine, CA 92614 949 428-7241 -Phone ClientServices@DataTicket.com PARKING CITATION PROCESSING FEE SCHDULE -CITY OF HUNTINGTON BEACH Adjudication: 1st Level Review Hold & Scanning of Review Request $0.50 per citation • • • Data Ticket will review all documentation received by the Appellant and determine whether the request received within the required timeframe If the request was received within the required timeframe, Data Ticket's Adjudication Department will place the citation on an Administrative Review Request Hold and scan all received documentation into the Citation Management Solution so it is displayed on the web for the Agency 's Staff If the request is received outside the required timeframe, the Agency will have the option to proceed as though the request was received within the timeframe or it may elect to have Data Ticket send a "time expired letter" rejecting the appeal 1st Level Review Disposition Letters $.90 per letter • Data Ticket will send a custom disposition letter to the Appellant via 1st Class Mail • All letters are attached to the citation online and are viewable via the web • Disposition letters will be sent Monday -Friday 2 nd Level Hearing Hold, Scanning and Scheduling of Hearing $0.50 per citation • Data Ticket will review all documentation received by the A ppellant and determine whether t he request received within the required timeframe • If the request was received within the required timeframe, Data Ticket's Adjudication Department will place the citation on an Administrative Hearing Request Hold and scan all received documentation into the Solution so that it is displayed on the web for the Agency's Staff and the Hearing Officer • If the request is received outside the required timeframe, the Agency will have the option to proceed as though the request was received within the timeframe or it may elect to have Data Ticket send a "time expired letter" rejecting the appeal • Data Ticket will work with the designated Hearing Officer to schedule the Hearing based on either a pre-determined schedule or an ad hoc basis , depending on the Agency's schedule 2 nd Level Hearing Officer -Optional $85.00 per hour • Data Ticket's independent, certified, insured hearing officers will be provided to the to perform in-person, phone and written hearings • Each hearing request will be reviewed , heard or read , and all required re search will be performed • The Hearing Officer will enter a judgment into the Citat ion Processing System for vi ewing by the Agency, Appell ant and Data Ticket • Hearings will be scheduled • The Agency will incur costs associated with mileage as defined by Federal guidelines • Data Ticket will work with the Agency to arrange for the use of a conference room at a Agency location or the Agency may elect to have citations heard at a centralized lo c ation within the County 2 nd Level Hearing Schedule & Disposition Letters $.90 per letter • Data Ticket will send a custom disposition letter to the Appellant via 1st Class Mail • All letters are attached to the citation online and are viewable via the web • Disposition letters will be sent Monday -Friday 03/04/2025 DATA TICKET inc. 2603 Main Street, Suite 300 Irvine, CA 92614 949 428-7241 -Phone Cl ie ntServices@Data Ticket. com PARKING CITATION PROCESSING FEE SCHDULE -CITY OF HUNTINGTON BEACH • Acceptance and Scanning of Indigent Payment Plan Requests (Approval/Denial by Data Ticket) $5.00 per request OR • Accepting and Scanning of Indigent Payment Plan Requests (Approval/Denial by City) $2.00 per request AND • Indigent Payment Plan/Denial Letters Additional Correspondence • Printing & Sending daily • Electronic attachment to the citation • Windowed #10 envelope and return #9 envelope Joint/ Escrow Banking Services -Optional Services for the above-mentioned item include: • Daily deposits of funds to the Agency's escrow account $.90 per letter $.90 per letter $150.00 per month • Online, real-time reconciliation reports that tie directly to the bank statement • Processing of all credit card charge-backs and Insufficient Funds • Month-end reconciliation of all funds collected • Disbursement of County/ State Surcharges at month-end • Payment of Data Ticket's invoice • Disbursement of the net remittance to the Agency • Scanning of all payments directly to joint bank account daily using remote check deposit • The Agency will be responsible for the purchase of banking supplies, including checks and endorsement stamps; these fees typically run $200.00 per year Charge-backs and NSF's -Optional $3.63 per issued instance • Data Ticket will process credit card charge-backs and NSFs when notified of each occurrence • Once processed , Data Ticket will send a custom letter to the individual detailing the returned item and the amount due on the citation Refunds -Optional $3.63 per issued instance • Data Ticket will process refunds when notified of each need • In the event the Agency utilizes Joint Banking Data Ticket will verify, generate and send each refund due • Refunds will be issued weekly • Refunds will be sent via 1st Class Mail Monthly Minimum $250.00 • A minimum fee of $250.00 will be charged on a monthly basis if services do not rea ch this level (not inclusive of the Joint/Escrow Banking Services fee ) 0 3/0 4/20 25 DATA TICKET inc. 2603 Main Street, Suite 300 Irvine, CA 92614 949 428-7241 -Phone ClientServices@DataTicket.com PARKING CITATION PROCESSING FEE SCHOU LE -CITY OF HUNTINGTON BEACH Cost Increases: Postal Rate Increase Offset -If postal rates increase during the term of the agreement , fees to DTI shall be raised immediately to offset the effect of the actual postal rate increase. CPI Increases -There will be NO CPI increases for the duration of the agreement. 0 3/04/2025 DATA TICKET inc. 2603 Main Street, Suite 300 Irvine, CA 92614 949 428-7241 -Phone ClientServices@DataTicket.com CITY OF HUNTINGTON BEACH SERVICES INCLUDED AT NO ADDITIONAL COST Online Access for the Agency's Patrons: Included The Agency's Patrons will have the ability to perform the following functions online : • View real-time citation(s) data • Pay for a single or many citation(s) • Request a 1s t Level Administrative Review and attach up to three documents supporting their position • Request a 2nd Level Administrative Hearing Request and attach up to three documents supporting their position • Print a receipt • View pictures of the citation taken by the issuing officer (if the Agency allows) Online Access for the Agency's Staff: Included Access to the Agency's data is based on unique usernames and passwords assigned to each individual who requires access to the system. Data Ticket does not limit the number of individuals who have access to the system and the number and types of access can change at any point with a simple email request to Data Ticket. Our Solution is setup to maintain a complete audit trail for each and every transaction in the system so that the username is displayed next to every transaction in the system, indicating who performed the transaction and when. Dependent on the access rights provided to each Agency Staff member, the following capabilities are available: • View real-time citation(s) data , including pictures taken by the Issuing Officer • Accept payment via VISA, MasterCard , Discover and American Express credit/debit cards • Accept payment via Cash, Check or Money Order • Process NSFs and Refunds • Reduce or increase violation amounts , dismiss citations , void citations and place a citation on hold • Change citation data , including violations, date , time, plate, location , comments , make, model , co lor, registration expiration date and others • Perform Administrative Reviews online by entering the disposition directly online • Ge nerate a time expired or letter of non responsibility for a citation in the adjudication process • View the complete reason for the Review Request and supporting documentation provided by the Appellant directly online • Edit Appellant information • Upload disposition documents sent to the Agency via US Mail • Add a note to a citation and see all comments added to the citation • View the reason for the 2nd Level Administrative Hearing Request online and view the supporting documentation provided by the Appellant, directly online • Print a receipt with or without registered owner information 0 3/04/2025 DATA TICKET inc. 2603 Main Street, Suite 300 Irvine, CA 92614 949428~241 -Phone ClientServices@DataTicket.com Reporting: CITY OF HUNTINGTON BEACH SERVICES INCLUDED AT NO ADDITIONAL COST Included • Data Ticket offers 36 reports online as well as a Customized reporting application for our Clients to generate, print and re-print 24/7 . We provide real-time reports that can be generated for any timeframe required and we provide pre -processed/month-end reports that reflect the month-end view of data. • All reports are available online and because we do not purge data unless specifically requested to do so by a Client, the data is available as long as the Agency is a Client. • All reports are generated in HTML so our Clients can copy and paste the data into Excel for data manipulation purposes. • If the Agency were to request a report that was not already available , Data Ticket would work with the Agency to design the report and provide it to the Agency at no cost. Manual Payment Processing: Included • Manually received payments (checks , cash , money orders and credit card payments sent via US Mail) are received at our PO Box in Newport Beach where a bonded and insured courier picks up the mail daily and delivers it to our Newport Beach office • On-site Mail Department opens , sorts and batches the payments before providing them to our on-site Data Entry Department • After double-blind entry of each payment, the citations are updated by our Quality Assurance team • Payments are then provided to our Accounting Department where daily deposit slips are completed and provided to a bonded , insured courier who takes them to the bank Registered Owner Information: Included • Registered owner information for all citations issued on California license plates • Turnaround time for acquisition of California registered owner information is same day • Registered owner information for all citations issued on out of state license plates • Data Ticket is a recognized Strategic Partner with NLETs and has access to registered owner information nationwide through the NLETs service • Access to this system requires the use of the County's ORI for tracking purposes only; Data Ticket will utilize its own ORI for actually acquiring the out of state data • Turnaround time for acquisition of out of state registered owner information using NLETs is same day CA OMV Holds and Releases: Included • California OMV Holds and Release performed daily via an online connection • Holds and releases can also be performed real-time , upon request • Citation amounts placed on hold are updated daily in the event a partial payment is made 0 3/04/2025 DATA TICKET inc. 2603 Main Street, Suite 300 Irvine, CA 92614 949 428-7241 -Phone ClientServices@DataTicket.com CITY OF HUNTINGTON BEACH SERVICES INCLUDED AT NO ADDITIONAL COST Customer Service : Included • Data Ticket provides a live , bi-lingual , on -site Customer Service Department that is fully trained to answer questions related to citation issuance, payment, adjudication , fix-it tickets, sign -offs , FTB , advanced credit reporting collections and more • All calls are recorded to quality assurance and recordings can be sent to the Agency at any time for review. • Data Ticket's IVR is bi-lingual and accessible via several toll-free numbers ; the IVR provides real-time information to the caller regarding current status , including the amount due • The IVR accepts VISA, MasterCard, Discover, and American Express • Please note we do not make outbound calls internationally Web Presence: Included • Data Ticket's Solution is 100% web-based and Section 508 Compliant and is provided at: www.CitationProcessingCenter.com ; this is a generic website in the sense that it is not Agency branded. This website allows for the Agency and the Agency's Patrons to access citations online • If the Agency prefers to have an Agency branded website , one in which the look and feel mimics that of the Agency's website , Data Ticket can and will provide this feature to the Agency. Conversion: Included • Data Ticket will convert the citations currently with the Agency's existing vendor at no cost to the Agency • Citations that have not had a payment and do not have a registered owner will immediately be sent to the appropriate OMV so as to obtain a registered owner 03 /04/2025 DATA TICKET inc. 2603 Main Street, Suite 300 Irvine, CA 92614 949 428-7241 -Phone ClientServices@DataTicket.com CITY OF HUNTINGTON BEACH FEES ASSESSED TO THE PATRON Credit I Debit Card Processing $3.50 per transaction • Data Ticket is PCI Compliant and provides for the ability to pay via Visa , MasterCard , Discover, and American Express on our website, www.CitationProcessingCenter.com , via our toll-free , bi-lingual Customer Service Representatives, and via our toll-free , bi - lingual IVR Solution • There is no charge to the Agency for credit / debit card processing ; however, the Patron is charged $3 .50 per transaction ; this means the Patron can pay for a single or many citations at once and incur a single $3 .50 fee Payment Plan Processing $15.00 per transaction • An administrative fee will be assessed to Patrons who wish to participate in a payment plan • This fee will cover the cost of the payment plan initiation, and the cost of a confirmation letter that is sent to the Patron confirming the details of the payment plan • The Agency will have the ability to determine whether Payment Plans are accepted and , if so , what the parameters for payment will be Credit Card Chargeback Processing $33.50 per trans action • If a chargeback occurs , a fee will be charged to the Patron for the processing of the chargeback • No fee will be charged to the Agency Additional Costs to the City: Mobile Beach Pass Application • Annual Fee Permit Management System • Annual Fee • Sending Physical Pe rmits (optional) • Sending Custom Lette rs (optional) • Sending Custom Emails (optional) • Refunds (optional) • Credit Card Chargebacks 03/04/2025 $5,000.00 $5 ,000.00 $3 .60 per letter $1.10 per letter $.25 per email address $5.10 per refund $33.50 per chargeback EXHIBIT A & B Data Ticket, Inc. Newport Beach , CA 0: 949 752-6937; F: 949 752-6033 City of Huntington Beach Administrative Citation Processing Fee Proposal On the following pages , we have provided the City of Huntington Beach 2 fee proposals to process the City's Administrative Citations. Option 1 provides the City with a single flat fee for all Administrative Citation Processing up to Franchise Tax Board processing. Option 2 provides the City with a less expensive upfront cost and individual costs for each subsequent transaction. In addition , we have provided Optional Services the City may wish to utilize . Fee Description Administrative Citation Administrative Citation Processing Fee Processing Fee Option 1 Option 2 Citation Processing and Collections Manual Citation $13 .00 Processing Electronic Citation $10.00 Processing 1st Notice Sent No charge Delinquent Collections No charge Franchise Tax Board $1.00 per unique SSN Processing -SSN Look-up FTB Collections 15% of paid amount Advanced Collections 30% of paid amount Legal Action Not Required Adjudication Services Adjudication Hold & $.50 Scanning of Documentation Disposition Entry No charge Disposition Letters No charge Hearing Schedule Letters No charge Certified Letter Fee $12 .00 per letter** (Optional) Hearing Performance $85 .00 I hr *Assessed at Citation Date+ 60 Days ** Postage increases will apply $5.00 $3.00 $0.80 26%* of paid amount $1.00 per unique SSN 15% of paid amount 30% of paid amount $0.50 $1.00** $1 .2 5** $1 .25** $12.00 per letter** $85.00 I hr • A minimum fee of $200.00 per account will be charged on a monthly basis if services do not reach this level. Confidential and Proprietary to Data Ticket, Inc . 03/04/25 1I Page Data Ticket , Inc. Newport Beach , CA 0: 949 752-6937; F: 949 752-6033 City of Huntington Beach Administrative Citation Processing Fee Proposal To further provide definition surrounding each line item , we have provided additional details below and on the following pages. Manual and Electronic Administrative Citation Processing: Services for the above-mentioned items include: • • • Data entry of manually written citations performed within 48 hours of receipt Quality assurance verification of manually entered citations Scanning of all manually written citations onto our network for storage and ease of retrieval Bi-monthly shredding of manually written citations • • Electronic transfer of all electronically written citations , recordings , videos and photographs 1st Notice Cost: Services for the above-mentioned item include: • Semi-custom Notice that is printed on an 8 ½ x 11 " piece of paper with a perforated tear-of payment stub provided in a window envelope sent to the registered owner of a vehicle • All notices are attached to the citation online and are viewable via the web • All notices sent via 1st Class Mail • All notices include a return envelope in which the responsible party may submit payment • This charge is only incurred if the individual does not pay within 90 days Delinquent Collections: • This fee will be assessed when a citation is sixty (60) days past the citation issue date, assuming a first notice has been sent to the registered owner and the citation is not on hold for any reason • Three Delinquent Notices will be sent to the registered owner at no cost to the City • All notices are sent via First Class mail and all notices are printed on an 8 ½ x 11 " sheet of paper and folded into a window envelope ; in addition , a window envelope is provided for the recipient to return payment • All notices are attached to the citation online and are viewable via the web • If Data Ticket does not collect on a citation that is delinquent , the Agency does not owe this fee • Notices will be sent via 1st Class Mail , and Data Ticket will be responsible for the cost incurred and all customer service and payment entry Franchise Tax Board Processing: SSN Look-up • This fee will be assessed to lookup a social security number associated with a particular responsible party and address • This charge is charged per unique SSN , not per citation Confidential and Proprietary to Data T icket , Inc. 03 /04 /25 2I P a g e Data Ticket, Inc. Newport Beach, CA 0: 949 752-6937; F: 949 752-6033 City of Huntington Beach Administrative Citation Processing Fee Proposal FTB Collections • This fee is charged if a citation is paid at the Franchise Tax Board • This charge is not combined with any other charge; for example , if a citation is rolled to delinquent status and paid at FTB, only the 15% of revenue collected will be charged • Data Ticket will send an FTB Notice to the Customer as required by the lnteragency Intercept Program ; this notice will be sent via 1st Class Mail at no additional cost to the City • All notices are attached to the citation online and are viewable via the web • Data Ticket will pay for the Agency's cost to participate in the FTB program ; annually, FTB will send an invoice to the Agency for the number of debts placed at FTB; the Agency will simply provide this invoice to Data Ticket and Data Ticket will pay it in full • If Data Ticket does not collect on a citation that is at FTB, the Agency does not owe the collection fee Advanced Collections • This fee is charged if a citation is paid at Advanced Collections • This charge is not combined with any other charge ; for example , if a citation is rolled to delinquent status and paid at Advanced Collections, only the 26% of revenue collected will be charged 2nd Level Hearing Hold, Scanning and Scheduling of Hearing • Data Ticket will review all documentation received by the Appellant and determine whether the request received within the required timeframe • If the request was received within the required timeframe , Data Ticket's Adjudication Department will place the citation on an Administrative Hearing Request Hold and scan all received documentation into the Solution where it is displayed on the web for the Agency's Staff and the Hearing Officer • If the request is received outside the required timeframe , the Agency will have the option to proceed as though the request was received within the timeframe or it may elect to have Data Ticket send a "time expired letter" rejecting the appeal • Data Ticket will work with the designated Hearing Officer to schedule the Hearing based on either a pre-determined schedule or an ad hoc basis , depending on the Agency's schedule 2nd Level Hearing Schedule & Disposition Letters • Data Ticket will send a custom disposition letter to the Appellant via 1st Class Mail • All letters are attached to the citation online and are viewable via the web • Disposition letters will be sent Monday -Friday 2 nd Level Hearing Disposition • Data Ticket's independent, certified, insured hearing officers will be provided to the to perform in-person , phone and written hearings Confidential and Proprietary to Data Ticket , Inc. 03/04 /25 3I Page Data Ticket, Inc. Newport Beach , CA 0 : 949 752-6937; F: 949 752-6033 City of Huntington Beach Administrative Citation Processing Fee Proposal • Each hearing request will be reviewed, heard or read and all required research will be performed • The Hearing Officer will enter a judgment into the Citation Processing System for viewing by the Agency , Appellant and Data Ticket • Hearings will be scheduled • The Agency will incur costs associated with mileage as defined by Federal guidelines • Data Ticket will work with the Agency to arrange for the use of a conference room at an Agency location or the Agency may elect to have citations heard at a centralized location within the County Joint/ Escrow Banking Services (Optional) $150.00 per month Services for the above-mentioned item include: • Daily deposits of funds to the Agency's escrow account • Online , real-time reconciliation reports that tie directly to the bank statement • Processing of all credit card charge-backs and Insufficient Funds • Month-end reconciliation of all funds collected • Payment of Data Ticket's invoice • Disbursement of the net remittance to the Agency • Scanning of all payments directly to joint bank account daily using remote check deposit • The Agency will be responsible for the purchase of banki ng supplies , including checks and endorsement stamps ; these fees typically run $200 .00 per year • Refunds verified and issued weekly Online Access for the Agency's Customers: Included The Agency's Customers will have the ability to perform the following functions online : • View real-time citation(s) data • Pay for a single or many citation(s) • Request a Hearing online and attach up to 3 supporting documents • Print a receipt • View pictures of th e citation taken by the issuing officer (if the Agency allows) Online Access for the Agency's Staff: Included Access to the Agency's data is based on unique usernames and passwords assigned to everyone who requires access to the system. Data Ticket does not limit the number of individuals who have access to the system and the number and types of access can change at any point with a simple email request to Data Ticket. Our Solution is setup to maintain a complete audit trail for each transaction in the system so that th e username is displayed next to every transaction in the system, indicating who performed the transaction and when. Depend ent on the access rights provided to each Agency Staff member, the following capabilities are available : Confidential and Proprietary to Data Ticket, Inc. 03 /04 /25 41 Page Data Ticket, Inc. Newport Beach , CA 0 : 949 752-6937; F : 949 752 -6033 City of Huntington Beach Administrative Citation Processing Fee Proposal • View real-time citation(s) data , including pictures taken by the Issuing Officer • Accept payment via VISA , MasterCard, Discover and American Express credit/debit cards • Accept payment via Cash , Check or Money Order • Process NSFs, Charge-backs and Refunds • Reduce or increase violation amounts , dismiss citations , void citations and place a citation on hold • Change citation data , including violations , date, time , location , comments , and others • Generate a time expired or letter of non -responsibility for a citation in the adjudication process • View the complete reason for the Hearing Request and supporting documentation provided by the Appellant directly online • Edit Appellant information • Upload disposition documents sent to the Agency via US Mail • Add a note to a citation and see all comments added to the citation • View the reason for the 2nd Level Administrative Hearing Request online and view the supporting documentation provided by the Appellant , directly online • Print a receipt with or without responsible party information Reporting: Included • Data Ticket offers 24 reports online for our Clients to generate, print and re-print 24/7. We provide real-time reports that can be generated for any timeframe required and we provide pre-processed/month -end reports that reflect the month-end view of data. • All reports are available online and because we do not purge data unless specifically requested to do so by a Client, the data is available if the Agency is a Client. • All reports are gene rated in HTML so our Clients can copy and paste the data into Excel for data manipulation purposes. • Report Generator capabilities that provide City Pe rsonnel with the ability to create , save , share and print custom reports at any time for any time frame. • If the Agency were to request a report that was not already available , Data Ticket would work with the Agency to design the report and provide it to the Agency at no cost. Manual Payment Processing: Included • Manually received payments (checks , cash , money orders and credit card payments sent via US Mail) are received at our PO Box in Newport Beach where a bonded and insured courier picks up the mail daily and delivers it to our Newport Beach office • On-site Mail Department opens, sorts and batches the payments before provid i ng them to our on-site Data Entry Department • After double-blind entry of each payment , the citations are updated by our Quality Assurance team Confidential and Proprietary to Data Ticket, Inc . 03/04/25 51 Page Data Ticket, Inc. Newport Beach, CA 0: 949 752-6937; F: 949 752-6033 City of Huntington Beach Administrative Citation Processing Fee Proposal • Payments are then provided to our Accounting Department where daily deposit slips are completed and provided to a bonded, insured courier who takes them to the bank Charge-backs and NSF's Included • Data Ticket will process credit card charge-backs and NSFs when notified of each occurrence if Agency is not an escrow account holder • Once processed, Data Ticket will send a custom letter to the individual detailing the returned item and the amount due on the citation Refunds Included • Data Ticket will process refunds when notified of each by the Agency • In the event the Agency utilizes Joint Banking , Data Ticket will verify, generate and send eac h refund due • Refunds will be issued weekly • Refunds will be sent via 1st Class Mail Customer Service: Included • Data Ticket provides a live , bi-lingual, on-site Customer Service Department that is fully trained to answer questions related to citation issuance, payment, adjudication , FTB, advanced credit reporting collections and more • All calls are recorded to quality assurance and recordings can be sent to the Agency at any time for review • Data Ticket's IVR is bi-lingual and accessible via several toll-free numbers; the IVR provides real-time information to the caller regarding current status , including the amount due • The IVR accepts VISA, MasterCard , Discover, and American Express Web Presence: Included • Data Ticket's Solution is 100% web-based and Section 508 Compliant and is provided at: www.CitationProcessingCenter.com ; this is a generic website in the sense that it is not Agency branded. This website allows for the Agency and the Agency's Customers to access citations online • If the Agency prefers an Agency branded website, one in which the look and feel mimics that of the Agency's website, Data Ticket can and will provide this feature to the Agency Cost Increases: Postal Rate Increase Offset-If postal rates increase during the term of the agreement, fees to DTI shall be raised immediately to offset the effect of the actual postal rate increase. CPI Increases -There will be NO CPI increases for the duration of the agreement. Confidential and Proprietary to Data Ticket, Inc. 03/04/25 6I Page EXHIBIT A & B • inc. A CA LI FO RNIA CORPORATION FOU NDED IN 1989 Android Parking Handheld Information 2025 For Support and Sales assistance, olease contact: Heather Nowlan Di rector, C li e nt Re lations Direct t (949) 428-7241 I f (949) 281-3195 HNowlan@DataTicket.com ClientServices@Data Ticket. com Sergio Pacheco Client Services Coordinator Direct t (949) 428-724 7 ClientServices@Data Ticket. com 2603 Main Street, Suite 300 Irvine, CA 92614 (t) 949.7 52 .6937 , (f) 949.281.3195 www.DataTicket.com CONFIDENTIAL INFORMATION DISCLAIMER This proposal contains certain confidential and valuable information in the form of ideas, know-how , concepts, processes, plans and trade secrets that belong to Data Ticket, Inc . In accordance with the California Public Records Act, this confidential information shall not be disclosed outside the Agency and shall not be duplicated , used , or disclosed in whole or in part for any purpose except in the procurement process. Confidential information contained in this document is noted on each applicable page or image . Serious and irreparable competitive disadvantage in future procurements could result from the release of any confidential information contained in this proposal. Please notify us immediately, in writing if there is a request for disclosure of any confidential information so that Data Ticket will have an opportunity to participate in any disclosure discussions. The following data, furnished in connection with this solicitation, shall not be disclosed except to those who are directly involved with the evaluation within the Agency and shall not be duplicated , used or disclosed in whole or in part for any purpose other than to evaluate the proposal provided. If a contract is awarded to this offer or in connection with the submission of this data , the Agency shall have the right to duplicate, use or disclose the data to the extent provided in the contract. Th is restriction does not limit the Agency's right to use information contained in the data unless it is obtained under proper authorization from another source without restriction . 21 Page PROPRIETARY AND CONFIDENTIAL INFORMATION Handheld Ticket Writers Offered by Data Ticket, Inc. Data Ticket offers Agencies a range of hand held ticket writers to select from to meet the Agency's needs. Below and on the following pages , we have provided descriptions of the handheld devices offered to our clients. If Agency Personnel do not see the unit they would like to utilize, we are happy to work with the Agency to determine which unit(s) the Agency prefers . If the chosen hardware is compatible with our application, we are happy to provide pricing and install our Handheld Citation Issuance Application on the preferred solution. Additionally, the Agency is not confined to a single handheld unit. A combination of units may be utilized across issuing Officers to accommodate each Officer's needs . If some Officers like the Samsung Unit and other Officers like the XF1 R2 , we can accommodate this request. Please note , different ticket stock is utilized for each type of printer which would increase the expense. The units offered on the following pages are: ♦ Samsung A54 or Similar Device -This unit is being used more frequently by Officers because of its flexibility in offerings . The phones are capable of texting and are generally very easy to use as many Officers carry a similar device today. These units are 2 piece units that connect to a separate printer via a Bluetooth connection. ♦ Samsung Tab A or Similar Device -This unit is the most often preferred unit of Administrative Citation issuance due to their increased screen size. These units are two-piece units that connect to a separate printer via a Bluetooth connection. ♦ XF1 R2 -This unit is a single piece unit that incorporates a Samsung Android Device and a printer to provide those Clients looking for a single piece unit combined with the Android Operating System. Below, we have provided a brief comparison of the units provided so the Agency Personnel can easily compare each unit against the other: Item Samsung A54 5G Samsung Tab A XF1R2 Dimensions 2.96"x 6.30" X 0 .33" 4.99" X 8.13" X 0 .35" 4 .73" X 10.8" X 2.62" Screen Size 6.4" Diagonal 8.0" Diagonal 6 .7" Diaaonal Weight .417 lbs 0.79 lbs 1.66 lbs Printer Type External External Integrated Thermal Operating !Android OS 11 Android OS 8 Android OS 11 System Camera Rear: Rear: Rear: 64MP WIDE 5MP Color 12 MP WIDE 12MP UWIDE 64 MP TELE 5MP MAC & DEP 12 MP UWIDE Battery Size 14500 mAh 5000 mAh 3000 mAh x 2 Charge Time 1 hour 2 hours 5 hours rremperature Refer to Manufacturer Refer to Manufacturer Operating Temps Limits Tested to -4° F to 122° F 3I Page PROPRIETARY AND CONFIDENTIAL INFORMATION 2603 Main Street, Suite 300 Irvine, CA 92614 (t) 949.752.6937, (f) 949.281 .3195 www. Data Ticket. com Handheld Device Images A54 5G or Similar Device (Paired with a Bluetooth Printer) Samsung Tab A or Similar Device (Paired with a Bluetooth Printer) 4I P age XF1R2 (Integrated Printer) PROPRIETARY AND CONFIDENTIAL INFORMATION 2603 Main Street, Suite 300 Irvine, CA 92614 (t) 949.752.6937 , (f) 949.281.3195 www.DataTicket.com Printers Offered by Data Ticket for 2 Piece Units Data Ticket offers Agencies a range of printers with which to pair hand held ticket writers that do not have a built-in printer. The printers print either 3" or 4 " citations. The selection of a printer is similar to the selection of a hand held ticket writer. Agency Personnel may select a single printer to use for all Officers or Agency Personnel may wish to use a variety of printers. Of course, we do recommend Agency Personnel use a single ticket width so a single ticket order will work , regardless of the printer selected. Below we have provided 2 of the popular models used by our clients that elect a 2-piece unit: ♦ 3" TSC Printer and 4" Zebra Printer -The TSC Alpha-30R and 4 " Zebra ZQ521 printers direct thermal portable printer features a rugged design and reliable performance that will continue to operate long after other printers have failed. The unit s are comfortable , light-weight printers capable of working with any mobile printing application where you need citations printed wherever you are . When utilized with a case, the printers are IP54-rated to resist dust and water and each printer can endure a 6 foot fall and keep printing. These small and light printers can be worn comfortably for a full shift, without interfering with the Officer's tasks. Handheld Printer Images 3" TSC Alpha-30R Printer 4" Zebra ZQ521 Printer SI Page PROPRIETARY AND CONFIDENTIAL INFORMATION 2603 Main Street, Suite 300 Irvine, CA 92614 (t) 949.752.6937, (f) 949.281.3195 www.DataTicket.com Citation Issuance Android Application All handheld software is developed, owned , and fully supported by Data Ticket, Inc. We have dedicated handheld resources available to you for troubleshooting, repairs, upgrades, general question inquiry and technical support. Below and on the following pages is a list of the features available in our citation issuance application: Connected Anywhere , Anytime* The Android smartphones connect wirelessly through your desired cellular carrier. This allows the devices to communicate in real time with our servers to transmit citation data and media, as well as receive any updates without having to return to base or dock the unit onto a cradle. Citizen recipients can immed iately pay for their citation. Departments and District s Full support for multiple departments and districts within departments is available. Violations , comments and locations can be customized by department. Several sets of data for d ifferent departments (Parking, Street Sweeping , Meters) are supported. Scofflaw, Citation History , Vehicle Database While issuing citations , our Android solution w ill automatically alert issuing officers if a vehicle plate is on the scofflaw list or VIP list. Information is also displayed if there is any history stored in our database for a vehicle plate. The officer will see citation history and vehicle information like make, model and color will automatically be populated to the citation which will save valuable time while issuing citations. This information is provided in real time via webservices* and is shared between handhelds immediately. Live OMV Interface* Connect directly with the CA OMV while in the field , providing access to v iew current registered owner and any payments made to the CA OMV in the last 30 days for scofflaw vehicles. Add itional information provided includes the vehicle registration expiration date which is also automatically updated to the citation information. OMV confidentiality documents required. CA Dealer Plate Reconnaissa nce Easily mark California plates as Dealer Plates and our system will acquire the responsible attached business to continue collections . CA Dealers no longer get a free pass for parking ! Handicap Placard Checking * Utilizing our Live OMV Interface feature , y o u can now check handicap placards in real time to verify their status and expiration. OMV confidentiality documents requ ire d. Report Issues* Officers can report issues in the field which are shared amongst all other handhelds in the field . Met er issues, curb issues , signage issues or any other cust om issue can be reported as existing or marked as fixed by any handheld in the field . Take up to 8 photos for each issue, all of which are viewable on all handhelds in real time. Request Help* Have an issue with your handheld while in the fi eld , or just have a question you need answered? The Need Help interface gives your offi cers a d irect portal to call or email our Mobile Support team. When help is needed , our Mobile Support team is capable of directly communicating to handhelds via Live Chat immediately in real time . 61 Page PROPRIETARY AND CONFIDENTIAL INFORMATION 2603 Main Street, Suite 300 Irvine , CA 92614 (t) 949.752.6937, (f) 949.281.3195 www.DataTicket.com Customized Printing Save money on ticket stock by ordering blan k media -our handhelds can print any custom header image at the top of the citations such as an Agency's logo or seal. Various custom fonts may also be available upon request. LPR (License Plate Recognition)* Just point the handheld at the back of the vehicle and within seconds our LPR will automatically enter the vehicle plate, state, make, color, and body type into the citation issue interface which will save the officer time. The image of the back of the vehicle is also automatically saved as part of the citation images. The plate that is entered is immediately and automatically checked against our extensive database for citation history, vehicle history and scofflaw . Digita l Chalking Chalk vehicles without handling messy chalk. With our application, you can chalk a vehicle by digitally marking the tire air valve position on the device. You can also take additional pictures of the vehicle and preset locations as well as violations for each chalk. Chalked vehicles are viewable on a list and/or a visua l map provided by Google Maps. When a chalking record has expired, the officer is notified to issue a citation to that vehicle. Images taken during chalking are automatically appended to the issued citation. Chalked vehicle data is shared between handheld units for your agency in real time via webservices with a data plan. LPR Enhanced Digital Chalking * Using our advanced mobile LPR system, you can now quickly and effortlessly digitally chalk a line of vehicles just by pointing the handheld at the back of the vehicle. You are also given an opportunity to either take a quick photo of the vehicle tire valve stem position or use our intuitive digital valve stem marking system . Fast Camera Our custom made FastCam interface enables you to take photos as fast as you can tap the shutter button. Each photo is processed in the background, adding the citation number and timestamps before saving the images to the citation being issued. Capture photos lightning fast during the daytime or at night with t he flash turned on . Maximum Media Capt ure Take photos , videos, or voice recordings all while issuing a citation. You can even issue a citation and add the photos /video/voice recordings after the citation has been printed . Th is allows the officer to quickly produce a citation and follow up with photos afterwards. The captured media is viewable on our website as soon as it's uploaded from the handheld. Voice Dictation (Cite by Voice) Our software is fully voice activated , allowing an officer to dictate an entire citation from top to bottom simply by speaking to the handheld. Multiple Vio lation Issuance If authorized by the Agency , Officers can issue multiple violations per citation. Should the Agency require the ability to issue a maximum number of violations per citation, a configuration can be set according ly. 71 Page PROPRIETARY AND CONFIDENTIAL INFORMATION 2603 Main Street, Suite 300 Irvine, CA 92614 (t) 949.752.6937, (f) 949.281.3195 www.DataTicket.com S .O .S . Distress Calling * Our software includes an S.O.S. button that allows an officer to immediately call for help. The button will email and text any number configured to receive SOS notifications that will include the officer badge, GPS location, and the citation issuance device's number. Void , Reissue , Warnings With the Data Ticket application , officers a re given the ability to issue warning citations. Officers may also void a citation straight from the hand held after it's been printed. They can a lso reissue a printed citation which will void the cu rrent citation and issue a new citation with the previous citation data pre-populated including all images, videos , and recordings. This allows the officer to quickly correct any field(s) as necessary and print a new citation. If for any reason the void was made in error, there is another option to undo the void. Bar Code / OCR Scan Line Usage Our handheld software can (upon Agency requirement) print barcodes and OCR scan lines to better integrate our client's financia l and or cashiering systems and eliminate data entry by cashiers. Permits , Paid Stall/Meter Information * Our application is directly integrated with various pay-by-plate/stall technology vendors. Along with this , we also offe r custom permit web-services which officers can utilize in the field to determine if a vehicle plate has a valid permit before issuing a citation. Automatic Location (GPS)* Today's advanced GPS technology allows you r officers to ret rieve precise street numbers and street names at the click of a button for units on a data plan. This eliminates the need to search for painted street numbers or signs and scroll through a list of available locations on the hand held . Geolocation Citation Tagging * Each citation issued with the Data Ticket Android application on a data plan is digitally tagged with the GPS coordinates at the time the citation is printed. This is interfaced with our website and viewable as a report showing geolocations of issued citations on a map provided by Google Maps. If the Agency elects to use one of our handheld units w ith a data plan that can capture the GPS coordinates (latitude and longitude), Agency personnel will have the ability to view a Geo Mapping Report. The Geo Mapping Report provides users with the ability to view citations issued within a specific timeframe, for a specific violation or location , and includes the status of the citation. As you can see in the following image, the map d isplays citation status by color and provides the ability to zoom in and out of an area, as well as to click on a citation to take the user directly to the citation in question. *Data Plan required to utilize this feature Bl Page PROPRIETARY AND CONFIDENTIAL INFORMATION 2603 Main Street, Suite 300 Irvine, CA 92614 (t) 949.752.6937, (f) 949.281.3195 www.DataTicket.com Sample Geo Mapping Report: Vio1atlons Gao Map Repon • A9tM.V tiame Department Select Department v V,ofations Select Violation License Pfala B3dile s~lect Sadoe- Pre-Set Loe.anon Select Loc.ation Locat,on • Stan Date 01/18/2021 59 Matc.h.ng Vtofa!!Ons (Up lo a m3't1Jm of JOO marl:er,. \',111 be t11sP1a)·ed1 state Calffomla "End Oats 01/19/2021 i-HN@G ' Open Cf? On I-fold ' C!.lsM ' Wa rruno Map Satellite ~ Wdbt£t G "o~glc Sot:..111N.•nlo h l ~h~ A.11 p0r1 q ij 0 Sac ramento 0J i:i ""'"' Map Sa tellite ") { s.,.,__,,10 1 lf'fllal-otUf ..,,... 11,tt!J 9 P-01~ ,,.-..:if , ....... . ... -·~ . . v i;t u•,. ,, @ Sacramen10 ~.d,!tt F.i ~l 1:1 @ 'ti' • ,, i:,""'(_ , .. S ______ ,. .. :U ~:e ~x• .:¼-~~1? ::.E-1.: ,:":,:;•~tu~ t-6:~·· Rou vlllt! ~· • ..in .•~ ~o.:::..:v,e.~·, .. , !'~'L>G;.f!'I = l "l•P ~1 :,,., ~!Cf ~ -, ti' .............. "" Go glo ~~'-------'---"-...C....-------------""'""~' 11k:-."• T-.:,uc,IUM _, ,,,.,.. 411CII IMAGES PROPRIETARY AND CONFIDENTIAL TO DATA TICKET, INC. 9I Page PROPRIETARY AND CONFIDENTIAL INFORMATION 2603 Main Street, Suite 300 Irvine, CA 92614 (t) 949.752.6937, (f) 949.281.3195 www. Data Ticket. com Handhe/d Ticket Writer I Printer Pricing Data Ticket has provided the following handheld unit pricing for Three Year Lease options as well as Purchase Price options. If the Agency prefers to purchase the handhelds and/or printers on their own rather than with Data Ticket, we would be more than happy to provide the associated costs. Each of these hand held unit options will meet the needs of the Android Application. Single Piece Handheld Ticket Writer Pricing Item 3 Year Lease Purchase XF1 R2 1-Piece Solution $125 .00 per month $3 ,200 .00 Includes Note 20, Battery, Hand Strap OR Two Piece Handheld Ticket Writer Pricing Item 3 Year Lease Purchase Samsung A54 or Similar Device $35.00 per month $950.00 Case Sold Separately Samsung Tab A or Similar Device $42.00 per month $1 ,050.00 Case Sold Separately AND Two Piece Handheld Printer Pricing Item 3 Year Lease Purchase TSC 3" Alpha-30R Printer $18.00 per month $425 .00 Case Included Zebra 4" ZQ521 Printer $50.00 per month $1 ,400.00 Case Sold Separately 10I Page PROPRIETARY AND CONFIDENTIAL INFORMATION 2603 Main Street, Suite 300 Irvine, CA 92614 (t) 949.752.6937, (f) 949 .281.3195 www. Data Ticket. com Handheld Accessories Pricing Item Purchase Otterbox Case (For Samsung Units and Tablets) $75.00 Zebra Printer Strap Case (For Zebra 4 " ZQ521) $155.00 Oe_tional -Spare Battery for the XF1 R2 1-Piece $160.00 Oe_tional -XF1 R2 Carrying Case $50.00 Oe_tional -Car Chargers (For Samsung or XF1 R2) Can be Quoted on Request Handheld Associated Costs Item Price 1st Year Software License Fee- This is a one-time fee for the software application and $500.00 per unit all enhancements. Annual Software License Fee-$150.00 per unit per year This for the software application and all enhancements. **Software Maintenance/Support/Troubleshooting- Includes phone support M-F during regular business $20 .00 per unit per month hours, remote repair, and updates. Training -In Person Onsite training at the Agency's preferred location will be provided. Training typically takes place over the $900.00 course of a few hours and will be customized to meet the Agency's Requirements. Training -Virtual $400.00 Ticket Stock- To be quoted based on quantity and style options. To Be Quoted 11I Page PROPRIETARY AND CONFIDENTIAL INFORMATION 2603 Main Street, Su ite 300 Irvine, CA 92614 (t) 949.752.6937, (f) 949.281.3195 www. Data Ticket. com **Optional -Replacement for Lost/Stolen/Damaged Handheld Unit or Zebra 4" ZQ521 Printer $175.00 Deductible -Samsung Device $250.00 Deductible -Samsung Tablet $350.00 Deductible -Zebra 4" ZQ521 Printer $700.00 Deductible -XF1 R2 1-Piece (Charged for each lost/stolen or damaged Device) Optional -Hosted Data Plan- Billed monthly as a straight pass-thru from either Verizon or AT&T. Tax and shipping not included in the above pricing. $15.00 per unit per month Actual Cost per unit per month **Please note the "Software Maintenance/Support/Troubleshooting" & "Optional - Replacement for Lost/Stolen/Damaged Handheld Unit" will cover the handheld unit up until it has been deemed obsolete and/or outdated which is typically at 4 years. We will continue to maintain, support and troubleshoot for as long as possible, however once the 4 years have passed, it would be up to the Agency to enter into a new purchase or lease agreement as Data Ticket will no longer replace or repair the units. 12I Page PROPRIETARY AND CONFIDENTIAL INFORMATION EXHIBIT A & B • inc. A CA LI FORN IA CORPORATION FOU NDED IN 1989 Android Administrative Citation Handheld Information 2025 For Support and Sales assistance, please contact: Heather Nowlan Director, Client Relations Direct t (949) 428-7241 I f (949) 281-3195 HNowlan@Data Ticket. com ClientServices@Data Ticket. com Sergio Pacheco Client Services Coordinator Direct t (949) 428-7247 ClientServices@Data T icket. com 2603 Main Street, Suite 300 Irvine , CA 92614 (t) 949.752.6937, (f) 949.281 .3 195 www.DataTicket.com CONFIDENTIAL INFORMATION DISCLAIMER This proposal contains certain confidential and valuable information in the form of ideas, know-how, concepts , processes, plans and trade secrets that belong to Data Ticket, Inc. In accordance with the California Public Records Act, this confidential information shall not be disclosed outside the Agency and shall not be duplicated , used , or disclosed in whole or in part for any purpose except in the procurement process . Confidential information contained in this document is noted on each applicable page or imag e. Serious and irreparable competitive disadvantage in future procurements could result from the release of any confidential information contained in this proposal. Please notify us immediately, in writing if there is a request for disclosure of any confidential information so that Data Ticket will have an opportunity to participate in any disclosure discussions. The following data , furnished in connection with this solicitation , shall not be disclosed except to those who are directly involved with the evaluation within the Agency and shall not be duplicated , used or disclosed in whole or in part for any purpose other than to evaluate the proposal provided. If a contract is awarded to this offer or in connection with the submission of this data , the Agency shall have the right to duplicate, use or disclose the data to the extent provided in the contract. This restriction does not limit the Agency's right to use information contained in the data, unless it is obtained under proper authorization from another source without restriction . 21 Page PROPRIETARY AND CONFIDENTIAL INFORMATION Handheld Ticket Writers Offered by Data Ticket, Inc. Data Ticket offers Agencies a range of hand held ticket writers to select from to meet the Agency's needs . Below and on the following pages, we have provided descriptions of the most commonly used handheld devices offered to our clients. If Agency Personnel do not see the unit they would like to utilize , we are happy to work with the Agency to determine which unit(s) the Agency prefers. If the chosen unit is compatible with our application , we are happy to provide pricing and install our Handheld Citation Issuance Application on the preferred solution. Additionally, the Agency is not confined to a single handheld unit. A combination of units may be utilized across issuing Officers to accommodate each Officer's needs. If some Officers like the Samsung Unit and other Officers like the tablet , we can accommodate this request. The units offered on the following pages are: ♦ Samsung A54 or Similar Android Device -This unit is being used more frequently by Officers because of its flexibility in offerings. The units typically act as phones , are capable of texting and are generally very easy to use as many Officers carry a similar device today. In addition , the screen is typically larger than the more ruggedized devices . These units are two-piece units that connect to a separate printer via a Bluetooth connection. ♦ Samsung Tab A or Similar Tablet Device -This unit is the most often preferred unit of Administrative Citation issuance due to their increased screen size . These units are two-piece units that connect to a separate printer via a Bluetooth connection . Handheld Unit Image A54 5G or Similar Device (Paired with a Bluetooth Printer) Samsung Tab A or Similar Device (Paired with a Bluetooth Printer) 31 Page PROPRIETARY AND CONFIDENTIAL INFORMATION 2603 Main Street, Suite 300 Irvine, CA 92614 (t) 949.752.6937, (f) 949.281.3195 www.DataTicket.com Below, we have provided a brief comparison of the units provided so the Agency Personnel can easily compare each unit against the other: Item Samsung A54 5G or Samsung Tab A 8.0 Similar Device Dimensions: 2 .96" w 4.99" L 6.30" 8.13" D .33" .35" Screen Size 6.4" Diagonal 8.0" Diagonal Weight .417 lbs 0.79 lbs Wirelessly Enabled With a cellular plan With a cellular plan Printer Type External External Operating System ~ndroid OS 11 Android OS 8 Front: 32MP WIDE Rear: Front: 5 MP Camera 64MPWIDE Rear: 12MP UWIDE 5MP Color 5MP MAC 5MP DEP !Virtual Keyboard with Virtual Keyboard with Keyboard separate numbers / separate numbers/ letters letters Battery Size 14500 mAh 5000 mAh Charge Time 1 hour 2 hours Temperature Limits Refer to Manufacturer Refer to Manufacturer 4I Page PROPRIETARY AND CONFIDENTIAL INFORMATION 2603 Main Street, Suite 300 Irvine, CA 92614 (t) 949.752.6937 , (f) 949.281.3195 www.DataTicket.com Printer Offered by Data Ticket for 2 Piece Administrative Citation Units Data Ticket offers Agencies a printer with which to pair handheld ticket writers. The printers print 4 " citations for administrative citations. Below we have provided the popular model used by our clients that issue administrative citations electronically : ♦ 4" Zebra Printer -The 4" Zebra ZQ521 printer direct thermal portable printer features a rugged design and reliable performance that will continue to operate long after other printers have failed. The units are comfortable , light-weight printers capable of working with any mobile printing application where you need citations printed wherever you are . When utilized with a case , the printers are IP54-rated to resist dust and water and each printer can endure a 6 foot fall and keep printing . These small and light printers can be worn comfortably for a full shift, withou t interfering with the Officer's tasks . Handheld Printer Image 4" Zebra ZQ521 Printer SI P age PROPRIETARY AND CONFIDENTIAL INFORMATION 2603 Main Street, Suite 300 Irvine, CA 92614 (t) 949.752.6937, (f) 949.281.3195 www. Data Ticket. com Citation Issuance Android Application All handheld software is developed, owned, and fully supported by Data Ticket, Inc. We have dedicated handheld resources available to you for troubleshooting , repairs, upgrades, general question inquiry and technical support. Below and on the following pages is a list of the features available in our citation issuance application: Connected Anywhere , Anytime* The Android smartphones connect wirelessly through your desired cellular carrier. This allows the devices to communicate in real time with our servers to transmit citation data and media, as well as receive any updates w ithout having to return to base or dock the unit onto a cradle. Citizen recipients can immediately pay for their citation. Departments and Districts Full support for multiple departments and districts within departments is available. V iolations, comments and locations can be customized by department. Several sets of data for different departments (Parking, Street Sweeping, Meters) are supported. Report Issues * Officers can report issues in the field which are shared amongst all other handhelds in the field. Meter issues, curb issues, signage issues or any other custom issue can be reported as existing or marked as fixed by any hand held in the field. Take up to 8 photos for each issue, all of which are viewable on all handhelds in real time. Request Help* Have an issue with your handheld while in the field, or just have a question you need answered? The Need Help interface gives your officers a direct portal to call or email our Mobile Support team. When help is needed , our Mobile Support team is capable of directly communicating to handhelds via Live Chat immediately in real time. Customized Printing Save money on ticket stock by ordering blank media -our handhelds can print any custom header image at the top of the citations such as an Agency's logo or seal. Various custom fonts may also be available upon request. Administrative citations can print all information for the citation on the front of the ticket stock or the ticket stock rolls can be pre-printed with violator language on the back of the rolls. Fast Camera Our custom made FastCam interface enables you to take photos as fast as you can tap the shutter button. Each photo is processed in the background , adding the citation number and timestamps before saving the images to the citation being issued. Capture photos lightning fast during the daytime or at night with the flash turned on. Maximum Media Capture Take photos, videos , or voice recordings all while issuing a citation. You can even issue a citation and add the photos/video/voice recordings after the citation has been printed. Thi s allows the officer to quickly produce a citation and follow up with photos afterwards. The captured media is viewable on our website as soon as it's uploaded from the handheld. 61 Page PROPRIETARY AND CONFIDENTIAL INFORMA TION 2603 Main Street, Suite 300 Irvine, CA 92614 (t) 949.752.6937, (f) 949.281.3195 www.DataTicket.com Voice Dictat ion (Cite by Voice) Our software is fully voice activated , allowing an officer to dictate an entire citation from top to bottom simply by speaking to the handheld. Multiple Violat ion Issuance If authorized by the Agency, Officers can issue multiple violations per citation. Should the Agency require the ability to issue a maximum number of violations per citation, a configuration can be set accordingly. S .O.S . Dist ress Calling * Our software includes an S.O.S. button that allows an officer to immediately call for help. The button will email and text any number configured to receive SOS notifications that will include the officer badge, GPS location , and the citation issuance device's number. Vo id, Reissue , Warn ings With the Data Ticket application, officers are given the ability to issue warning citations. Officers may also void a citation straight from the hand held after it's been printed. They can also reissue a printed citation which wi ll void the current citation and issue a new citation with the previous citation data pre-populated includ ing all images, videos, and recordings. This allows the officer to quickly correct any field(s) as necessary and print a new citation. If for any reason the void was made in error, there is another option to undo the void. Bar Code / OCR Scan Line Usage Our handheld software can (upon Agency requirement) print barcodes and OCR scan lines to better integrate our client's financial and or cashiering systems and eliminate data entry by cashiers. Automatic Location (GPS)* Today's advanced GPS technology allows your officers to retrieve precise street numbers and street names at the click of a button for units on a data plan. This eliminates the need to search for painted street numbers or signs and scroll through a li st of available locations on the handheld. Geolocation Citation Tagging * Each citation issued with the Data Ticket Android application on a data plan is digitally tagged with the GPS coordinates at the time the citation is printed. This is interfaced with our website and viewable as a report showing geolocations of issued citations on a map provided by Google Maps. If the Agency elects to use one of our handheld units with a data plan that can capture the GPS coordinates (la titude and longitude), Agency personnel will have the ability to view a Geo Mapping Report. The Geo Mapping Report provides users with the ab ility to view citations issued within a specific timeframe, for a specific violation or location, and includes the status of the citation. As you can see in the following image, the map displays c itation status by color and provides the ability to zoom in and out of an area , as well as to click on a citation to take the user directly to the citation in question. *Data Plan required to utilize this feature 71 Page PROPRIETARY AND CONFIDENTIAL INFORMATION 2603 Main Street, Suite 300 Irvine, CA 92 614 (t) 949.752.6937 , (f) 949.281.3195 www. Data Ticket. com Sample Geo Mapping Report: Violatrons Gto Mop R•port ' AgEncy Name DepoI1men1 Select Department ..,, Violslxms Select Violation license Flafe Sta.le--Callfornla Badge Select Badge Pre-Set LocabOll Select Location • Slan Date 01/1 8/2021 "EM Oal9 01/19/2021 i-MN-'!G ' Op.ei, (fl On Hold 'i' Closed ' Wammo Map I 1--nrot Satellite ,1 $«,omentc lnl arNhOftrif ,.,,_ 9 uwn, ...... Go"'.gfe Map Sacramen to !!) 0 H dT u ....... ,?. Sa tellite !') ( 1·~--- S-.1dffl911to kli'fflitl<ONI ,..,..., (f,"'1 1 9 r""" j ;,,·-····-;• ro:~ {.\~..:.(iJJ '~ ~!C E'•t-'t':10.i~ t~·- Rouvllle P u1f"b 1 .:;_.·~:~ ~F S.:t;!P'•E\';,-1 \T \.St,.:,fli = J,,.,,.,,,n ....... i,..·1a . . . " ;, 1:1 @ Sacramen10 , .• ~.t .. e @l ei 8 ,.,, \'II ,, ·--I•• Go gle t.1r ct:o W\nt.lA (,i """"'°'"'"At t.urmn t • ;,, V I~ AITo'po'J,•l ;tl f r..-.CIU,#1 v, ¥}41 IMAGES PROPRIETARY AND CONFIDENTIAL TO DATA TICKET, INC. Bl Pag e PROPRIETARY AND CONFIDENTIAL INFORMATION 2603 Main Street, Suite 300 Irvine, CA 92614 (t) 949. 752.6937, (f) 949.281 .3195 www. Data Ticket. com Handheld Ticket Writer I Printer Pricing Data Ticket has provided the following hand held unit pricing for Three Year Lease options as well as Purchase Price options. If the Agency prefers to purchase the handhelds and/or printers outright, we would be more than happy to provide the associated costs . Each of these hand held unit options will meet the needs of the Android Application. Two Piece Handheld Ticket Writer Pricing Item 3 Year Lease Purchase Samsung A54 or Similar Device $35.00 per month $950.00 Samsung Tab A or Similar Device $42 .00 per month $1,050.00 AND Two Piece Handheld Printer Pricing Item 3 Year Lease Purchase Zebra 4" ZQ521 Printer $50.00 per month $1,400.00 Handheld Accessories Pricing Item Purchase Otterbox Case $75.00 (For Samsung Units and Tablets) Zebra Printer Strap Case $155.00 (For Zebra 4" ZQ521) Optional -Car Chargers Can be Quoted on Request (For Samsung Units) 9I Page PROPRIETARY AND CONFIDENTIAL INFORMATION 2603 Main Street, Suite 300 Irvine, CA 92614 (t) 949.752.6937 , (f) 949.281.3195 www.DataTicket.com Handheld Associated Costs Item Price 1st Year Software License Fee- This is a one-time fee for the software application and $500.00 per unit all enhancements. Annual Software License Fee-$150.00 per unit per year This for the software application and all enhancements. **Software Maintenance/Support/ Troubleshooting- Includes phone support M-F during regular business $20.00 per unit per month hours, remote repair, and updates. Training- Onsite training at the Agency's preferred location will $800.00 be provided. Training typically takes place over the course of a few hours and will be customized to meet Training -Virtual -$400.00 the Agency's Requirements. Ticket Stock-To Be Quoted To be quoted based on quantity and style options. **Optional -Replacement for Lost/Stolen/Damaged Handheld Unit or Zebra 4" ZQ521 Printer ($175.00 deductible for Samsung Phone or Zebra 4" $15.00 per unit per month ZQ521 Printer & $250.00 for Samsung Tablet charged for each lost/stolen or damaged unit) Optional -Hosted Data Plan- Billed monthly as a straight pass-thru from either Actual Cost per unit per month Verizon or AT&T. Tax and shipping not included in the above pricing. **Please note the "Software Maintenance/Support/Troubleshooting" & "Optional - Replacement for Lost/Stolen/Damaged Handheld Unit" will cover the handheld unit up until it has been deemed obsolete and/or outdated which is typically at 4 years. We will continue to maintain, support and troubleshoot for as long as possible, however once the 4 years have passed, it would be up to the Agency to enter into a new purchase or lease agreement as Data Ticket will no longer replace or repair the units. 10I P age PROPRIETARY AND CONFIDENTIAL INFORMATION ACORD6 I DATE (MM/00/YYYY) '---" CERTIFICATE OF LIABILITY INSURANCE 11/2/2024 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 certlflcate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION 15 WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on thla certificate doea not con for rlghta to the cortlflcato holdor In llou of cuch endorsomonl(a), PRODUCER liXile;~· L)'ncltc (Lynn) Eye PIA Select l nsurnncc Solulions -Service Localion r.{Jg'\f0 Ext•: 805 -975-353 1 lf.G~. Nol: NIA 193& Vislo Del Oro 1:oMAIL ADDRESS: lynn .cyc@piasclecl.com INSURER(S) AFFORDINO COVERAOE Snn1u Murio CA 93458 INSURER A: Colony lnsurnncc Company INSURED INSURER 8: Employers Assurance Co. Dlta Tkk<t, Inc. INSURERC: Contincn1nl Cnsun lly Company DUA: Rc1·cnuc Expcru INSURER D: An:h Specinlly Insurance Company & see ottnched 2603 Main Strw, Ste. JOO INSURERE: Travelers Casualty ond Surely Company or America Irvine C;\ 92614-4200 INSURER F: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLI CIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CON DITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTI FICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITI ONS OF SUCH PDLICIES. L(MITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. "i.rR TYPE OF INSURANCE A )( COMMERCIAL GENERAL LIABILITY -□Cl.AIMS-MADE 00 OCCUR 1------------- >------------- GENl. AGO RE GATE LIMIT APPLIES PER: 00POLICY □~rtr D LOc n OTHER: AUTOMODILE LIABILITY >--ANY AUTO 1--OWNED A "1 AP/EoJ oNL v ~ AUTOS ONLY -8CHEOULEO '-~~<?JWNED ..l!.. AUTOSONLY UMBRELLALIAB H OCCUR ,\ '"jl EXCESS LI AS CLAIMS-MADE OED I I RETENTION$ WORKERS COMPENSATION ~ND EMPLOYERS' LIABILITY y / N f\NV PROPRIETOR/PARTNER/EXECUTNE r-;, ll PFFICER/MEMBER EXCLUDED? t...Y...J Mandatory In NH) Mit~:'tt~~ ~f~PERATIONS below Sec nunchcd Addil ionnl Rcm orks Schedule fu r nddi tionnl pol i cies INSD WVO y y tl/A POLICY HUMBER tMM1ooim'vi tr.iwoortm1 LIMITS EACH OCCURRENCE $ I U l'Vllr\U~ \.I r\l;l 'I fl:U PREMISES (Ea OCGUrtellt8) s MEO EXP (Anyone person) s 103 GL 0215056-01 11/01/2024 I I/0ln025 PERSONAL & ADV INJURY s GENERAL AGGREGATE s PRODUCTS• COMP/OP AGG s s ie';;",;~~~lrlNGLE L IMI s BODILY IN JURY (Per pe111on) $ (03 GL0215056-0 I 11/01/2024 11/01/2025 BODILY INJURY (Per acddonl) S (Pe~;~ii'ent)""v'"~ $ $ EACH OCCURRENCE $ XSl76835 11/01/2024 II /0tn025 AGGREGATE $ $ >tl sv~rurE 1 1v1 n-ER EIG4581764-05 11/01/2024 11/01/2025 E.L. EACH ACCIDENT $ E.L. DISEASE· EA EMPLOYEE S E.L. DISEASE. POLICY LIMIT s DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHI CLE S (ACORD 101, Ad dlllona1 R1mark1 Sch edulo, moy bo attac hed II more 1paoo I• roqulrod) NA1C# 39993 25402 20443 21 199 31194 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 1,000,000 3,000,000 3,000,000 1,000,000 1,000,000 1,000,000 It is agreed the Certi fica te Holder li s ted below is in cluded as Add itiona l Insured as required by written contra ct. Covv~tprimmy and non-c ontribulory. APPROVED AS TO FOR~ / \ ijv• \ CERTIFICATE HOLDER Ci ty of Huntington Beach, it's oOiccrs, clcc1c,I or uppointcd officials, employees , :igcnls uml ,·olunlccrs 2000MninSt. 1 llun tinglon Beach CA 92648 MICHAEL E. GATES ,-.1.,.v ....... ,,, ... ,~., SH OULD ANY OF THE ABOVE DESCRIBED POLlCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS . AUTHORIZED REPRESEHTATIVE © 1988-2015 ACORD CORPORATION. All rlghte reserved. ACORD 25 j2016/03) The ACORD name and logo are r e gist ered marks of ACORD AGENCY CUSTOMER ID: LOC #: ------------------- ~ ACORD• ~ AGENCY PIA Select Insurance Solutions POLICY NUMBER Various oollcies-sea below CARRIER Various carrlers--see below ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE NAMED II/SURED Dale Tlckel, Inc. OBA: Revenue Experts IN.Ale cooe EFFECTIVE DATE: Various dates THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Attachment to Certlflcate of Insurance Insurer C: Continental Casualty Company Page Profosslonal Liability/Errors & Omissions Polley #287188360 Polley period: 11/1/2024 to 11/1/2025 Limll: $2,000,000 $10,000 Retentlon per claim Insurer D: Arch Specially, Ascot Specially, Aspen Specially, Fireman's Fund & Fortegra Speclslly Insurance Companies Cyber liability Policy #C-4LPY-035907-CYBER-2024•A Policy period: 11/1/2024 lo 11'1/2026 Limit: $3,000,000 $10,000 Retention per clalm Insurer E: Travelers Casually and Surety Company of America Crime Polley #105702099 Polley period: 11/1/2023 to 11/1/2025 Limit: $1,000,000 $25,000 Ralention per claim of ACORD 101 (2008/01) @2008 ACORD CORPORATION. All right• reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 103 GL 0215056-01 103 GL 0215056-01 COMMERCIAL GENERAL LIABILITY CG 20101219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modlnes Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations CITY OF HUNTINGTON BEACH, ITS OFFICERS, AS REQUIRED PER WRITTEN CONTRACT ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS 2000 MAIN ST Huntington Beach , CA 92648 Information required to complete this Schedule, If not shown above, will be shown In the Declarations. A. Section II -Who Is An Insured is amended to include as an additional Insured the person(s) or organlzatlon(s) shown In the Schedule, but only with respect to llablllty for "bodily Injury", "property damage" or "persona l 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 lnsured(s) at the locatlon(s) designated above. However: 1. The insurance afforded to such additional Insured only applies to the extent permitted by law; and 2. If coverage provided to the additional Insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional Insured. B. With respe ct to the insurance afforded to these addltlooal Insureds, the following additional exclusions apply: This insurance does not apply to "bodily Injury" or "property damage" occurring after: 1. All work, Including materials, parts or equipment furnished In connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional lnsured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20101219 © Insurance Services Office, Inc., 2018 Page 1 of2 C. With respect to the Insurance afforded to these additional insureds, the following Is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of Insurance: 1. Required by the contract or agreement; or 103 GL 0215056-01 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20101219 POLICY NUMBER: 103 GL 0215056-01 103 GL 0215056-01 ENDT. #001 EFF: 12/20/2024 COMMERCIAL GENERAL LIABILITY CG 20 371219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organlzation(s) Location And Description Of Completed Operations City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers As designated In written contract with the Named Insured 2000 Main Street Huntington Beach, CA 92648 Information required to complete this Schedule , if not shown above. will be shown In the Declarations. A. Section II -Who Is An Insured is amended to include as an additional Insured the person(s) or organlzatlon(s) shown In the Schedule, but only with respect to liability for "bodily Injury" or "property damage" caused, In whole or in part, 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 . If coverage provided to the additional Insured Is required by a contract or agreement. the Insurance afforded to such additional Insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the in surance afforded to these additional Insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional Insured is the amount of Insurance: 1. Required by the contract or agreement; or 2. Available under the appli cable limits of Insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 371219 © Insurance Services Office, Inc., 2018 Page 1 of 1 103 GL 0215056° G 1 COMMERCIAL GENERAL LIABILITY CG 20 011219 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 LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The follo wing Is added to the Other Insurance Cond ition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This Insurance is primary to and will not seek contribution from any other insurance available to an additlonal Insured under your poli cy 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 th is insurance would be primary and would not seek contribution from any other Insurance available to the additional Insured. CG 20 011219 © Insurance Service s Office, Inc,, 2018 Page 1 of 1 103 GL 0215056•01 POLICY NUMBER: 103 GL 0215056-01 COMMERCIAL GENERAL LIABILITY CG 24 041219 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVE.RAGE. PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organlzatlon(s): As required by written contract with the Named Insured that Is executed by the parties to the contract prior to the commencement of work that Is called for In the contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8, Transfer Of Rights Of Recovery Against Others To Us of Section IV -Condltlone: We waive any right of recovery against the person(s) or organlzatlon(s) shown In the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the Insured has waived its right of recovery against such person(s) or organlzation(s) prior to loss. This endorsement applies only to the person(s) or orgenizetion(e) ehown in the Schedule above. CG 24 041219 © Insurance Services Office, Inc., 2018 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) 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 appllas only to the extent that you perform work under a written contract that requ ires 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 pre mium for this endorsement shall be __ 2_% of the California workers' compensation premium otherwise due on such remuneration . Person or Organization With respect to all employees subject to the workers' compensation laws of the state of California, any person or organization for whom Iha Named Insured has agreed by written contract to furnish this waiver. Schedule Job Description This policy ls subject to a minimum charge of $250 for the issuance of waivers of subrogation This endorsement changes the policy lo whi ch il Is attached and is effective on the dale issued unless othe1V1iso stated. (The Information bolow Is roqulrod only when this ondor&omont Is lssuod subsequent to proparatlon of the policy.) This endorsement, effective 11/01/2024 Policy No. EIG 4581764 05 Issued to DATA TICK ET, INC. Premium $10,355 at 12:01 AM standard time , forms a part of Of the EMPLOYERS ASSURANCE CO. Carrier Code 00919 Endorsement No. Countersigned at __________ on-----By: Authorized Roprosontallve WC 04 03 06 (Ed. 4-84) © 1996 by tho Workers' Compensation Insurance Rating Bureau of California. Ail rights reserved . 103 GL 0215056-01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULL V. HIRED AUTO AND NON-OWNED AUTO LIABILITY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This endorsement is subject to all of the provisions of the Commercial General Liability Coverage Part , except as otherwise provided In this endorsement. All numbers and letters used to designate paragraphs in this endorsement are specific to this endorsement only. They do not reference paragraphs in the Commercial General Liability Coverage Part . Insurance is provided only with respect to those coverages for which a specific Limit of Insurance and Premium are sho wn: SCHEDULE Covera9e Limits Of Insurance Premium Hired Auto Llnbilltv Insurance $1,000,000 Each Occurrence Limit $ Included Non-owned Auto Llablllty Insurance $1,000,000 Each Occurrence Limit $1,000,000 Aaareaate Limit Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Hired Auto Llablllty The insurance provided under SECTION I -COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, applies to "bodily injury" or "property damage" arising out of the maintenance or use of a "hired auto" by you or your "employees" in the course of your business. B. Non-owned Auto Liability The Insurance provided under SECTION I -COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, applies to "bodily injury" or "property damage" arising out of the use of a "non-owned auto" by any person in the course of your business. C. Changes In Exclusions With respect to the insurance provided by this endorsement: 1. The followi ng exclusions under SECTION I -COVERAGES, COVERAGE A BODILY INJURY ANO PROPERTY DAMAGE LIABILITY, 2. Excluslons, do not apply: a. Contractual Liability; b. Liquor Liabllity; c. Employer's Liability; d. Aircraft, Auto Or Watercraft; e. Mobile Equipment; f. Damage To Property; g. Damage To Your Product; h. Damage To Your Work: U132A-0908 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 4 I. Damage To Impaired Property Or Property Not Physically Injured; and j. Recall Of Products, Work Or Impaired Property. 103 GL 0215056,01 2. SECTION I -COVERAGES, COVERAGE A BODIL V INJURY AND PROPERTY DAMAGE LIABILITY, 2, Exclusions, Is amended and the following are added : This insurance does not apply to : a. "Bodily injury" or "property damage " for which the insured is obligated to pay damages by rea · son of the assumption of liability in a contract or agreement. This exclusion does not apply to Ii• ablllty for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. b. "Bodily injury" to : (1) An "employee" of the Insured arising out of and In the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct ot the lnsured's business; or (2) The spouse, child, parent, brother or sister of that "employee " as a consequence of Para· graph (1) above . This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay the damages because of the Injury. This exclusion does not apply to: (1) Liability assumed by the Insured under an "insured contract "; or (2) "Bodily injury" to domestic "employees" not entitled to workers' compensation benefits. c. "Property damage" to: (1) Property owned or being transported by, or rented or loaned to the Insured ; or (2) Property in the care, cu stody or control of the insured. D. Who Is An Insured For the purposes of this endorsement only, SECTION 11 -WHO IS AN INSURED, is deleted and re- placed by the following: WHO IS AN INSURED 1. Each of the following is an insured under th is in surance to the extent set forth belo w: a. You. b. Any other person using a "hired auto" with your permission in the course of your business. c, With respect to a "non-owned auto", any partner or "executive officer" of yours, but only while su ch "non-owned auto" is being used in your business. d, Any othe r person or organization, but only with respect to their liability because of act s or omis - sions of an insured under Paragraph a., b. or c . above. U132A-0908 Includes copyrighted material of Insurance Service s Office, Inc. with its permiss ion . Page 2 of 4 l I l l I ! ! I ! I I f 103 GL 0215056,01 2. None of the following is an insured: a. Any person engaged in the business of his or her employer with respect to "bodily injury" to any co-"employee" of such person Injured in the course of employment, or to the spouse, child, par- ent, brother or sister of that co-"employee" as a consequence of such "bodily injury", or for any obligation to share damages with or repay someone else who must pay damages because of the injury; b. Any partner or "executive officer" with respect to any "au to" owned by such partner or officer or a member of his or her household; c. Any person while employed in or otherwise engaged In performing duties related to the conduct of an "auto business", other than an "auto business" you operate: d. The owner or lessee (of whom you are a sublessee) of a "hired auto" or the owner of a "non- owned auto" or any agent or "employee" of any such owner or lessee; e. Any person or organization with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declaratio ns . E. Limits Of Insurance For the purposes of this endorsement only, SECTION Ill -LIMITS OF INSURANCE, is deleted and replaced by the following: LIMITS OF INSURANCE Regardless of the number of "hired autos", "non-ow ned autos'\ insureds, premiums paid, claims made or vehicles involved in the "occurrence", the most we will pay for all damages resulting from any one "occurrence" is the applicable Limit of Insurance shown in the Schedule of this endorsement or In the Declarations . The Aggregate Limit is the most, subject to the Each Occurrence Limit, we will pay as damages for "bodily Injury" or "property damage" sustained and expenses Incurred in the defense and adjustment of all claims and "suits" regardless of how many persons assert claims or "su its" against you. The Each Occurrence and Aggregate Limits described above are the most we will pay regard less of the number of insureds. These Limits of Insurance are subject to and not In addition to the General Aggregate Limit shown in the Declarations of the policy. Payments under these Limits of Insurance are part of and erode the policy General Aggregate Limit of Insurance shown in the Declarations. F. Changes In Conditions For the purposes of this endorsement only, the Other Insurance Provision of the Commercial Gen- eral Liability Conditions Section is deleted and replaced by the following: OTHER INSURANCE This insurance is excess over any primary insurance covering the ''hired auto" or "non-owned auto". G. Additional Definitions For the purposes of this endorsement only, the following definitions are added to the Definitions Sec- tion : 1. "Auto business" means the business or occupation of selling, repairin g, servicing, storing or park - ing "au tos". 2. "Hired auto" means any "auto" you lease, hire, rent or borrow. Th is does not Include any "auto" you lease, hire, rent or borrow from any of your "employees", your partners or your "ex ecutive officers", or members of their households . U132A-0908 Includes copyrighted material of Insurance Services Office, Inc . with Its permission. Page 3 of 4 103 GL 0215056·01 3. "Non-owned auto" means any "auto" you do not own, lease, hire, rent or borrow which is used in connection with your business. This includes "autos" owned by your "employees", your partners or your "executive officers", or members of their households, but only while used in your business. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U132A-0908 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 4 of 4 Contract ID# TLARC-96258-4179-6/27 PROFESSIONAL SERVICE AGREEMENT for CITATION PROCESSING SERVICES (PARKING, ADMINISTRATIVE AND CIVIL PENALTY) between COUNTY OF RIVERSIDE and DATA TICKET,INC. RFQ# TLARC-2022-483 Page 1 of 37 Fonn #I 16-310 -Dated: 3/21/2019 Contract ID # TLARC-96258-4179-6/27 TABLE OF CONTENTS SECTION HEADING PAGE NUMBER I. Description of Services ...................................................................................................................................... 3 2. Period of Performance ...................................................................................................................................... .3 3. Compensation .................................................................................................................................................... 3 4. Alteration or Changes to the Agreement .......................................................................................................... 5 5. Tennination ....................................................................................................................................................... 5 6. Ownership/Use of Contract Materials and Products ......................................................................................... 6 7. Conduct ofContractor ....................................................................................................................................... 7 8. Inspection of Service; Quality Control/ Assurance ........................................................................................... 7 9. Independent Contractor/Employment Eligibility ............................................................................................... 8 10. Subcontract for Work or Services ..................................................................................................................... 9 11. Disputes ............................................................................................................................................................ 9 12. Licensing and Permits ...................................................................................................................................... 10 13. Use by Other Political Entities .......................................................................................................................... 10 14. Non-Discrimination .......................................................................................................................................... 10 15. Records and Documents ................................................................................................................................... 11 16. Confidentiality .................................................................................................................................................. 11 17. Administration/Contract Liaison ....................................................................................................................... 11 18. Notices ............................................................................................................................................................... 12 19. Force Majeure .................................................................................................................................................... 12 20. EDD Reporting Requirements ........................................................................................................................... 12 21. Hold Harmless/Indemnification ........................................................................................................................ 13 22. Insurance .......................................................................................................................................................... 13 23. General ............................................................................................................................................................. 17 Exhibit A-Scope of Services ............................................................................................................................................ 20 Exhibit B-Payment Provisions ........................................................................................................................................ 23 RFQ# TLARC-2022-483 Page 2 of 37 Form #116-310 -Dated: 3/21/2019 Contract ID # TLARC-96258-4179-6/27 This Agreement is made and entered into this __ day of ---------~ 2022, by and between DATA TICKET, INC., a California corporation, (herein referred to as "CONTRACTOR") and the COUNTY OF RIVERSIDE, a political subdivision of the State of California, (herein referred to as "COUNTY"). The parties agree as follows: 1. Description of Services 1.1 CONTRACTOR shall provide all services as outlined and specified in Exhibit A, Scope of Services, at the prices stated in Exhibit B, Payment Provisions. 1.2 CONTRACTOR represents that it has the skills, experience, and knowledge necessary to perform under this Agreement and the COUNTY relies upon this representation. CONTRACTOR shall perform to the satisfaction of the COUNTY and in conformance to and consistent with the highest standards of firms/professionals in the same discipline in the State of California. 1.3 CONTRACTOR affirms that it is fully apprised of all of the work to be performed under this Agreement; and the CONTRACTOR agrees it can properly perform this work at the prices stated in Exhibit B. CONTRACTOR is not to perform services or provide products outside of the Agreement. 1.4 Acceptance by the COUNTY of the CONTRACTOR's performance under this Agreement does not operate as a release of CONTRACTOR's responsibility for full compliance with the terms of this Agreement. 2. Period of Performance 2.1 This Agreement shall be effective July I, 2022 (herein referred to as "Effective Date") and continues in effect through June 30, 2025, with the option to renew for two (2) additional one (I) year periods by a written amendment signed by the authorized representatives of both parties for a final completion date of June 30, 2027, unless terminated earlier. CONTRACTOR shall commence performance upon the Effective Date and shall diligently and continuously perform thereafter. The Riverside County Board of Supervisors is the only authority that may obligate the COUNTY for a non-cancelable multi-year agreement. 3. Compensation 3.1 The COUNTY shall pay the CONTRACTOR for services performed, products provided and expenses incurred in accordance with the terms of Exhibit B, Payment Provisions. Maximum payments by COUNTY to CONTRACTOR shall not exceed fifty thousand dollars ($50,000) annually including all expenses. The COUNTY is not responsible for any fees or costs incurred above or beyond the contracted RFQ# TLARC-2022-483 Page 3 of37 Fonn #116-310 -Dated: 3/21/2019 Contract ID # TLARC-96258-4179-6/27 amount and shall have no obligation to purchase any specified amount of services or products. Unless otherwise specifically stated in Exhibit B, COUNTY shall not be responsible for payment of any of CONTRACTOR's expenses related to this Agreement. 3.2 No price increases will be permitted during the first year of this Agreement (If applicable). All price decreases (for example, if CONTRACTOR offers lower prices to another governmental entity) will automatically be extended to the COUNTY. The COUNTY requires written proof satisfactory to COUNTY of cost increases prior to any approved price adjustment. After the first year of the award, a minimum of 30-days advance notice in writing is required to be considered and approved by COUNTY. No retroactive price adjustments will be considered. Any price increases must be stated in a written amendment to this Agreement. The net dollar amount of profit will remain firm during the period of the Agreement. Annual increases shall not exceed the Consumer Price Index-All Consumers, All Items -Greater Los Angeles, Riverside and Orange County areas and be subject to satisfactory performance review by the COUNTY and approved (if needed) for budget funding by the Board of Supervisors. 3.3 CONTRACTOR shall be paid only in accordance with an invoice submitted to COUNTY by CONTRACTOR within fifteen (15) days from the last day of each calendar month, and COUNTY shall pay the invoice within thirty (30) working days from the date of receipt of the invoice. Payment shall be made to CONTRACTOR only after services have been rendered or delivery of materials or products, and acceptance has been made by COUNTY. Prepare invoices in duplicate. For this Agreement, send the original copies of invoices to: Transportation and Land Management Agency -Code Department Attn: Fiscal Services, 14 th Floor 4080 Lemon Street Riverside, CA 92501 and email the and duplicate copies to Code_ Receipts@rivco.org a) Each invoice shall contain a minimum of the following information: invoice number and date; remittance address; bill-to and ship-to addresses of ordering department/division; Agreement number (TLARC-96258-4179-6/27); quantities; item descriptions, unit prices, extensions, sales/use tax if applicable, and an invoice total. b) Invoices shall be rendered monthly in arrears. 3.4 The COUNTY obligation for payment of this Agreement beyond the current fiscal year end is contingent upon and limited by the availability of COUNTY funding from which payment can be made. In RFQ# TLARC-2022-483 Page 4 of37 Form # 116-310 -Dated: 3/21/2019 Contract ID # TLARC-96258-4179-6/27 the State of California, government agencies are not allowed to pay excess interest and late charges, per Government Code, Section 926.10. No legal liability on the part of the COUNTY shall arise for payment beyond June 30 of each calendar year unless funds are made available for such payment. In the event that such funds are not forthcoming for any reason, COUNTY shall immediately notify CONTRACTOR in writing; and this Agreement shall be deemed terminated, and have no further force, and effect. 4. Alteration or Changes to the Agreement 4.1 The Board of Supervisors and the COUNTY Purchasing Agent and/or his designee is the only authorized COUNTY representatives who may at any time, by written order, alter this Agreement. If any such alteration causes an increase or decrease in the cost of, or the time required for the performance under this Agreement, an equitable adjustment shall be made in the Agreement price or delivery schedule, or both, and the Agreement shall be modified by written amendment accordingly. 4.2 Any claim by the CONTRACTOR for additional payment related to this Agreement shall be made in writing by the CONTRACTOR within thirty (30) days of when the CONTRACTOR has or should have notice of any actual or claimed change in the work, which results in additional and unanticipated cost to the CONTRACTOR. If the COUNTY Purchasing Agent decides that the facts provide sufficient justification, he may authorize additional payment to the CONTRACTOR pursuant to the claim. Nothing in this section shall excuse the CONTRACTOR from proceeding with performance of the Agreement even if there has been a change. 5. Termination 5.1 COUNTY may terminate this Agreement without cause upon thirty (30) days written notice served upon the CONTRACTOR stating the extent and effective date of termination. 5.2 COUNTY may, upon five (5) days written notice, terminate this Agreement for CONTRACTOR's default, if CONTRACTOR refuses or fails to comply with the terms of this Agreement or fails to make progress that may endanger performance and does not immediately cure such failure. In the event of such termination, the COUNTY may proceed with the work in any manner deemed proper by COUNTY. 5.3 After receipt of the notice of termination, CONTRACTOR shall: (a) Stop all work under this Agreement on the date specified in the notice of termination; and RFQ# TLARC-2022-483 Page 5 of37 Form #116-310 -Dated: 3/21/2019 Contract ID # TLARC-96258-4179-6/27 (b) Transfer to COUNTY and deliver in the manner as directed by COUNTY any materials, reports or other products, which, if the Agreement had been completed or continued, would have been required to be furnished to COUNTY. 5.4 After termination, COUNTY shall make payment only for CONTRACTOR's performance up to the date of termination in accordance with this Agreement. 5.5 CONTRACTOR's rights under this Agreement shall terminate (except for fees accrued prior to the date of termination) upon dishonesty or a willful or material breach of this Agreement by CONTRACTOR; or in the event of CONTRACTOR's unwillingness or inability for any reason whatsoever to perform the terms of this Agreement. In such event, CONTRACTOR shall not be entitled to any further compensation under this Agreement. 5.6 If the Agreement is federally or State funded, CONTRACTOR cannot be debarred from the System for Award Management (SAM). CONTRACTOR must notify the COUNTY immediately of a debarment. Reference: System for Award Management (SAM) at https://www.sam.gov for Central Contractor Registry (CCR), Federal Agency Registration (Fedreg), Online Representations and Certifications Application, and Excluded Parties List System (EPLS)). Excluded Parties Listing System (EPLS) (http://www.epls.gov) (Executive Order 12549, 7 CFR Part 3017, 45 CFR Part 76, and 44 CFR Part 17). The System for Award Management (SAM) is the Official U.S. Government system that consolidated the capabilities ofCCR/FedReg, ORCA, and EPLS. 5.7 The rights and remedies of COUNTY provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or this Agreement. 6. Ownership/Use of Contract Materials and Products The CONTRACTOR agrees that all materials, reports or products in any form, including electronic, created by CONTRACTOR for which CONTRACTOR has been compensated by COUNTY pursuant to this Agreement shall be the sole property of the COUNTY. The material, reports or products may be used by the COUNTY for any purpose that the COUNTY deems to be appropriate, including, but not limit to, duplication and/or distribution within the COUNTY or to third parties. CONTRACTOR agrees not to release or circulate in whole or part such materials, reports, or products without prior written authorization of the COUNTY. RFQ# TLARC-2022-483 Page 6 of37 Fonn #116-310 -Dated: 3/21/2019 Contract ID # TLARC-96258-4179-6/27 7. Conduct of Contractor 7.1 The CONTRACTOR covenants that it presently has no interest, including, but not limited to, other projects or contracts, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with CONTRACTOR's performance under this Agreement. The CONTRACTOR further covenants that no person or subcontractor having any such interest shall be employed or retained by CONTRACTOR under this Agreement. The CONTRACTOR agrees to inform the COUNTY of all the CONTRACTOR's interests, if any, which are or may be perceived as incompatible with the COUNTY's interests. 7.2 The CONTRACTOR shall not, under circumstances which could be interpreted as an attempt to influence the recipient in the conduct of his/her duties, accept any gratuity or special favor from individuals or firms with whom the CONTRACTOR is doing business or proposing to do business, m accomplishing the work under this Agreement. 7.3 The CONTRACTOR or its employees shall not offer gifts, gratuity, favors, and entertainment directly or indirectly to COUNTY employees. 8. Inspection of Service; Quality Control/Assurance 8.1 All performance (which includes services, workmanship, materials, supplies and equipment furnished or utilized in the performance of this Agreement) shall be subject to inspection and test by the COUNTY or other regulatory agencies at all times. The CONTRACTOR shall provide adequate cooperation to any inspector or other COUNTY representative to permit him/her to determine the CONTRACTOR's conformity with the terms of this Agreement. If any services performed or products provided by CONTRACTOR are not in conformance with the terms of this Agreement, the COUNTY shall have the right to require the CONTRACTOR to perform the services or provide the products in conformance with the terms of the Agreement at no additional cost to the COUNTY. When the services to be performed or the products to be provided are of such nature that the difference cannot be corrected; the COUNTY shall have the right to: (I) require the CONTRACTOR immediately to take all necessary steps to ensure future performance in conformity with the terms of the Agreement; and/or (2) reduce the Agreement price to reflect the reduced value of the services performed or products provided. The COUNTY may also terminate this Agreement for default and charge to CONTRACTOR any costs incurred by the COUNTY because of the CONTRACTOR's failure to perform. RFQ# TLARC-2022-483 Page 7 of37 Form #116-310 -Dated: 3/21/2019 Contract ID # TLARC-96258-4179-6/27 8.2 CONTRACTOR shall establish adequate procedures for self-monitoring and quality control and assurance to ensure proper performance under this Agreement; and shall permit a COUNTY representative or other regulatory official to monitor, assess, or evaluate CONTRACTOR's performance under this Agreement at any time, upon reasonable notice to the CONTRACTOR. 9. Independent Contractor/Employment Eligibility 9.1 The CONTRACTOR is, for purposes relating to this Agreement, an independent contractor and shall not be deemed an employee of the COUNTY. It is expressly understood and agreed that the CONTRACTOR (including its employees, agents, and subcontractors) shall in no event be entitled to any benefits to which COUNTY employees are entitled, including but not limited to overtime, any retirement benefits, worker's compensation benefits, and injury leave or other leave benefits. There shall be no employer-employee relationship between the parties; and CONTRACTOR shall hold COUNTY harmless from any and all claims that may be made against COUNTY based upon any contention by a third party that an employer-employee relationship exists by reason of this Agreement. It is further understood and agreed by the parties that CONTRACTOR in the performance of this Agreement is subject to the control or direction of COUNTY merely as to the results to be accomplished and not as to the means and methods for accomplishing the results. 9.2 CONTRACTOR warrants that it shall make its best effort to fully comply with all federal and state statutes and regulations regarding the employment of aliens and others and to ensure that employees performing work under this Agreement meet the citizenship or alien status requirement set forth in federal statutes and regulations. CONTRACTOR shall obtain, from all employees performing work hereunder, all verification and other documentation of employment eligibility status required by federal or state statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986, 8 U.S.C. § 1324 et seq., as they currently exist and as they may be hereafter amended. CONTRACTOR shall retain all such documentation for all covered employees, for the period prescribed by the law. 9.3 Ineligible Person shall be any individual or entity who: Is currently excluded, suspended, debarred or otherwise ineligible to participate in the federal health care programs; or has been convicted of a criminal offense related to the provision of health care items or services and has not been reinstated in the federal health care programs after a period of exclusion, suspension, debarment, or ineligibility. 9.4 CONTRACTOR shall screen prospective Covered Individuals prior to hire or engagement. CONTRACTOR shall not hire or engage any Ineligible Person to provide services directly relative to this RFQ# TLARC-2022-483 Page 8 of37 Form #116-310 -Dated: 3/2112019 Contract ID # TLARC-96258-4179-6/27 Agreement. CONTRACTOR shall screen all current Covered Individuals within sixty (60) days of execution of this Agreement to ensure that they have not become Ineligible Persons unless CONTRACTOR has performed such screening on same Covered Individuals under a separate agreement with COUNTY within the past six (6) months. Covered Individuals shall be required to disclose to CONTRACTOR immediately any debarment, exclusion or other event that makes the Covered Individual an Ineligible Person. CONTRACTOR shall notify COUNTY within five (5) business days after it becomes aware if a Covered Individual providing services directly relative to this Agreement becomes debarred, excluded or otherwise becomes an Ineligible Person. 9.5 CONTRACTOR acknowledges that Ineligible Persons are precluded from providing federal and state funded health care services by contract with COUNTY in the event that they are currently sanctioned or excluded by a federal or state law enforcement regulatory or licensing agency. If CONTRACTOR becomes aware that a Covered Individual has become an Ineligible Person, CONTRACTOR shall remove such individual from responsibility for, or involvement with, COUNTY business operations related to this Agreement. 9.6 CONTRACTOR shall notify COUNTY within five (5) business days if a Covered Individual or entity is currently excluded, suspended or debarred, or is identified as such after being sanction screened. Such individual or entity shall be promptly removed from participating in any activity associated with this Agreement. 10. Subcontract for Work or Services No contract shall be made by the CONTRACTOR with any other party for furnishing any of the work or services under this Agreement without the prior written approval of the COUNTY; but this provision shall not require the approval of contracts of employment between the CONTRACTOR and personnel assigned under this Agreement, or for parties named in the proposal and agreed to under this Agreement. 11. Disputes 11.1 The parties shall attempt to resolve any disputes amicably at the working level. If that is not successful, the dispute shall be referred to the senior management of the parties. Any dispute relating to this Agreement, which is not resolved by the parties, shall be decided by the COUNTY's Purchasing Department's Compliance Contract Officer who shall furnish the decision in writing. The decision of the COUNTY's Compliance Contract Officer shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneous to imply bad RFQ# TLARC-2022-483 Page 9 of 37 Fonn #116-310-Dated: 3/21/2019 Contract ID# TLARC-96258-4179-6/27 faith. The CONTRACTOR shall proceed diligently with the performance of this Agreement pending the resolution of a dispute. 11.2 Prior to the filing of any legal action related to this Agreement, the parties shall be obligated to attend a mediation session in Riverside County before a neutral third party mediator. A second mediation session shall be required if the first session is not successful. The parties shall share the cost of the mediations. 12. Licensing and Permits CONTRACTOR shall comply with all State or other licensing requirements, including but not limited to the provisions of Chapter 9 of Division 3 of the Business and Professions Code. All licensing requirements shall be met at the time proposals are submitted to the COUNTY. CONTRACTOR warrants that it has all necessary permits, approvals, certificates, waivers and exemptions necessary for performance of this Agreement as required by the laws and regulations of the United States, the State of California, the County of Riverside and all other governmental agencies with jurisdiction, and shall maintain these throughout the term of this Agreement. 13. Use By Other Political Entities The CONTRACTOR agrees to extend the same pricing, terms, and conditions as stated in this Agreement to each and every political entity, special district, and related non-profit entity. It is understood that other entities shall make purchases in their own name, make direct payment, and be liable directly to the CONTRACTOR; and COUNTY shall in no way be responsible to CONTRACTOR for other entities' purchases. 14. Non-Discrimination CONTRACTOR shall not discriminate in the provision of services, allocation of benefits, accommodation in facilities, or employment of personnel on the basis of ethnic group identification, race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or sex in the performance of this Agreement; and, to the extent they shall be found to be applicable hereto, shall comply with the provisions of the California Fair Employment and Housing Act (Gov. Code 12900 et. seq), the Federal Civil Rights Act of 1964 (P.L. 88-352), the Americans with Disabilities Act of 1990 (42 U.S.C. S 1210 et seq.) and all other applicable laws or regulations. RFQ# TLARC-2022-483 Page IO of 37 Form #116-310 -Dated: 3/21/2019 Contract ID # TLARC-96258-4179-6/27 15. Records and Documents CONTRACTOR shall make available, upon written request by any duly authorized Federal, State, or COUNTY agency, a copy of this Agreement and such books, documents and records as are necessary to certify the nature and extent of the CONTRACTOR's costs related to this Agreement. All such books, documents and records shall be maintained by CONTRACTOR for at least five (5) years following termination of this Agreement and be available for audit by the COUNTY. CONTRACTOR shall provide to the COUNTY reports and information related to this Agreement as requested by COUNTY. 16. Confidentiality 16.1 The CONTRACTOR shall not use for personal gain or make other improper use of privileged or confidential information which is acquired in connection with this Agreement. The term "privileged or confidential information" includes but is not limited to: unpublished or sensitive technological or scientific information; medical, personnel, or security records; anticipated material requirements or pricing/purchasing actions; COUNTY information or data which is not subject to public disclosure; COUNTY operational procedures; and knowledge of selection of contractors, subcontractors or suppliers in advance of official announcement. 16.2 The CONTRACTOR shall protect from unauthorized disclosure names and other identifying information concerning persons receiving services pursuant to this Agreement, except for general statistical information not identifying any person. The CONTRACTOR shall not use such information for any purpose other than carrying out the CONTRACTOR's obligations under this Agreement. The CONTRACTOR shall promptly transmit to the COUNTY all third party requests for disclosure of such information. The CONTRACTOR shall not disclose, except as otherwise specifically permitted by this Agreement or authorized in advance in writing by the COUNTY, any such information to anyone other than the COUNTY. For purposes of this paragraph, identity shall include, but not be limited to, name, identifying number, symbol, or other identifying particulars assigned to the individual, such as finger or voice print or a photograph. 17. Administration/Contract Liaison The COUNTY Purchasing Agent, or designee, shall administer this Agreement on behalf of the COUNTY. The Purchasing Department is to serve as the liaison with CONTRACTOR in connection with this Agreernent. RFQ# TLARC-2022-483 Page 11 of 37 Form #116-310 -Dated: 3/21/2019 Contract ID # TLARC-96258-4179-6/27 18. Notices All correspondence and notices required or contemplated by thi s Agreement shall be delivered to the respective parties at the addresses set forth below and are deemed submitted two (2) day s after their deposit in the United States mail , po stage prepaid: COUNTY OF RIVERSIDE Transportation and Land Management Agency 4080 Lemon Street, 14th Floor Riverside, CA 9250 l Attn: Procurement 19. Force Majeure CONTRACTOR Data Ticket, Inc. 2603 Main Street, Suite 300 Irvine , CA 92614 Attn: Brook Wes tcott If e ither party is unable to comply with any provi sio n of this Agreement due to causes bey ond its reasonable control , and which could not have been reasonably anticipated, s uch as acts of God , acts of war, civil di so rders , or ot her si milar acts , suc h party s hall not be held liabl e for such failure to comply. 20. EDD Reporting Requirements In order to comply with child s upport enforcement requirements of the State of California, the COUNTY may be required to s ubmit a Re port of Independent Contractor(s) form DE 542 to the Employment Devel opment Department. The CONTRACTOR agrees to furni s h the required data and certifications to the COUNTY within ten ( I 0) days of notification of award of Agreement when required by the EDD. T hi s data will be transmitted to governmental agencies charged with the establishment and enforcement of child su pp ort orders. Failure of the CONTRACTOR to timely s ubmit the data and/o r certificates required may result in the contract being awarded to another contractor. In the event a contract has been is s ued , failure of the CONTRACTOR to comply with all federal and state reporting requirements for child s upp o rt enforcement or to comply with all lawfully served Wage and Earnings Assignments Orders and Notices of Assignment shall constitute a material breach of Agreement. If CONTRACTOR has any questions concerning thi s reporting requirement, please call (916) 657-0529. CONTRACTOR s hould also contact its loca l Employment Tax Customer Service Office listed in the telephone directory in the State Government section under "Employment Development Department" or access their Lnternet site at W'..VW .edd.ca.gov . RFQ # TLARC-2022-48 3 Page 12 of37 Fonn #116-3 10-Dated: 3 /2 1/2019 Contract ID # TLARC-96258-4179-6/27 21. Hold Harmless/Indemnification 21.1 CONTRACTOR shall indemnify and hold harmless the County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives (individually and collectively hereinafter referred to as lndemnitees) from any liability, action, claim or damage whatsoever, based or asserted upon any services of CONTRACTOR, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature. CONTRACTOR shall defend the lndemnitees at its sole expense including all costs and fees (including, but not limited to, attorney fees, cost of investigation, defense and settlements or awards) in any claim or action based upon such acts, omissions or services. 21.2 With respect to any action or claim subject to indemnification herein by CONTRACTOR, CONTRACTOR shall, at their sole cost, have the right to use counsel of their own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of COUNTY; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes CONTRACTOR's indemnification to lndemnitees as set forth herein. 21.3 CONTRACTOR's obligation hereunder shall be satisfied when CONTRACTOR has provided to COUNTY the appropriate form of dismissal relieving COUNTY from any liability for the action or claim involved. 21.4 The specified insurance limits required in this Agreement shall in no way limit or circumscribe CONTRACTOR's obligations to indemnify and hold harmless the lndemnitees herein from third party claims. 22. Insurance 22.1 Without limiting or diminishing the CONTRACTOR's obligation to indemnify or hold the COUNTY harmless, CONTRACTOR shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverage's during the term of this Agreement. As respects to the insurance section only, the COUNTY herein refers to the County of Riverside, its Agencies, Districts, Special Districts, and Departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents, or representatives as Additional Insureds. A. Workers' Compensation: RFQ# TLARC-2022-483 Page 13 of 37 Form #116-310 -Dated: 3/21/2019 Contract ID # TLARC-96258-4179-6/27 If the CONTRACTOR has employees as defined by the State of California, the CONTRACTOR shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers' Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. The policy shall be endorsed to waive subrogation in favor of The County of Riverside. B. Commercial General Liability: Commercial General Liability insurance coverage, including but not limited to, premises liability, unmodified contractual liability, products and completed operations liability, personal and advertising injury, and cross liability coverage, covering claims which may arise from or out of CONTRACTOR's performance of its obligations hereunder. Policy shall name the COUNTY as Additional Insured. Policy's limit of liability shall not be less than $2,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit. C. Vehicle Liability: If vehicles or mobile equipment is used in the performance of the obligations under this Agreement, then CONTRACTOR shall maintain liability insurance for all owned, non-owned, or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit. Policy shall name the COUNTY as Additional Insureds. D. Professional Liability: CONTRACTOR shall maintain Professional Liability Insurance providing coverage for the CONTRACTOR's performance of work included within this Agreement, with a limit of liability of not less than $1,000,000 per occurrence and $2,000,000 annual aggregate. If CONTRACTOR's Professional Liability Insurance is written on a claims made basis rather than an occurrence basis, such insurance shall continue through the term of this Agreement and CONTRACTOR shall purchase at his sole expense either I) an Extended Reporting Endorsement (also, known as Tail Coverage); or 2) Prior Dates Coverage from new insurer with a retroactive date back to the date of, or prior to, the inception of this Agreement; or 3) demonstrate through Certificates of Insurance that CONTRACTOR has maintained continuous coverage with the same or original insurer. Coverage provided under items; 1 ), 2), or 3) will continue as long as the law allows. RFQ# TLARC-2022-483 Page 14 of37 Fonn #116-310 -Dated: 3/21/2019 Contract ID # TLARC-96258-4179-6/27 E. Cyber Liability: CONTRACTOR shall procure and maintain Cyber Liability Insurance with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the CONTRACTOR in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations. F. General Insurance Provisions -All lines: 1) Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A M BEST rating of not less than A: VIII (A:8) unless such requirements are waived, in writing, by the COUNTY Risk Manager. If the COUNTY's Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term. 2) The CONTRACTOR must declare its insurance self-insured retention for each coverage required herein. If any such self-insured retention exceeds $500,000 per occurrence each such retention shall have the prior written consent of the COUNTY Risk Manager before the commencement of operations under this Agreement. Upon notification of self-insured retention unacceptable to the COUNTY, and at the election of the COUNTY's Risk Manager, CONTRACTOR's carriers shall either; I) reduce or eliminate such self- insured retention as respects this Agreement with the COUNTY, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. 3) CONTRACTOR shall cause CONTRACTOR's insurance carrier(s) to furnish the County of Riverside with either I) a properly executed original Certificate(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, and 2) if requested to do so orally or in writing by the COUNTY Risk Manager, provide original Certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carrier( s) that thirty (30) days written notice shall be given to the County of Riverside prior to any material modification, cancellation, expiration or reduction in coverage of such insurance. In the event of a material modification, cancellation, expiration, or RFQ# TLARC-2022-483 Page 15 of37 Fonn #116-310 -Dated: 3/21/2019 Contract ID# TLARC-96258-4179-6/27 reduction in coverage, this Agreement shall terminate forthwith, unless the County of Riverside receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage's set forth herein and the insurance required herein is in full force and effect. CONTRACTOR shall not commence operations until the COUNTY has been furnished original Certificate (s) of Insurance and certified original copies of endorsements and if requested, certified original policies of insurance including all endorsements and any and all other attachments as required in this Section. An individual authorized by the insurance carrier shall sign the original endorsements for each policy and the Certificate of Insurance. 4) It is understood and agreed to by the parties hereto that the CONTRACTOR's insurance shall be construed as primary insurance, and the COUNTY's insurance and/or deductibles and/or self-insured retention's or self-insured programs shall not be construed as contributory. 5) If, during the term of this Agreement or any extension thereof, there is a material change in the scope of services; or, there is a material change in the equipment to be used in the performance of the scope of work; or, the term of this Agreement, including any extensions thereof, exceeds five (5) years; the COUNTY reserves the right to adjust the types of insurance and the monetary limits of liability required under this Agreement, if in the COUNTY Risk Manager's reasonable judgment, the amount or type of insurance carried by the CONTRACTOR has become inadequate. 6) CONTRACTOR shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement. 7) The insurance requirements contained in this Agreement may be met with a program( s) of self- insurance acceptable to the COUNTY. 8) CONTRACTOR agrees to notify COUNTY of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement. 23. General 23.1 CONTRACTOR shall not delegate or assign any interest in this Agreement, whether by operation of law or otherwise, without the prior written consent of COUNTY. Any attempt to delegate or assign any interest herein shall be deemed void and of no force or effect. 23.2 Any waiver by COUNTY of any breach of any one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or of any other term of this Agreement. Failure on the part of COUNTY to require exact, full, and complete compliance with any RFQ# TLARC-2022-483 Page 16of37 Fonn #116-310 -Dated: 3/21/2019 Contract ID# TLARC-96258-4179-6/27 terms of this Agreement shall not be construed as in any manner changing the terms or preventing COUNTY from enforcement of the terms of this Agreement. 23.3 In the event the CONTRACTOR receives payment under this Agreement, which is later disallowed by COUNTY for nonconformance with the terms of the Agreement, the CONTRACTOR shall promptly refund the disallowed amount to the COUNTY on request; or at its option the COUNTY may offset the amount disallowed from any payment due to the CONTRACTOR. 23.4 CONTRACTOR shall not provide partial delivery or shipment of services or products unless specifically stated in the Agreement. 23.5 CONTRACTOR shall not provide any services or products subject to any chattel mortgage or under a conditional sales contract or other agreement by which an interest is retained by a third party. The CONTRACTOR warrants that it has good title to all materials or products used by CONTRACTOR or provided to COUNTY pursuant to this Agreement, free from all liens, claims, or encumbrances. 23.6 Nothing in this Agreement shall prohibit the COUNTY from acquiring the same type or equivalent equipment, products, materials or services from other sources, when deemed by the COUNTY to be in its best interest. The COUNTY reserves the right to purchase more or less than the quantities specified in this Agreement. 23.7 The COUNTY agrees to cooperate with the CONTRACTOR in the CONTRACTOR's performance under this Agreement, including, if stated in the Agreement, providing the CONTRACTOR with reasonable facilities and timely access to COUNTY data, information, and personnel. 23.8 CONTRACTOR shall comply with all applicable Federal, State and local laws and regulations. CONTRACTOR will comply with all applicable COUNTY policies and procedures. In the event that there is a conflict between the various laws or regulations that may apply, the CONTRACTOR shall comply with the more restrictive law or regulation. 23.9 CONTRACTOR shall comply with all air pollution control, water pollution, safety and health ordinances, statutes, or regulations, which apply to performance under this Agreement. 23.10 CONTRACTOR shall comply with all requirements of the Occupational Safety and Health Administration (OSHA) standards and codes as set forth by the U.S. Department of Labor and the State of California (Cal/OSHA). 23.11 This Agreement shall be governed by the laws of the State of California. Any legal action related to the performance or interpretation of this Agreement shall be filed only in the Superior Court of the RFQ# TLARC-2022-483 Page 17of37 Form #116-310 -Dated: 3/21/2019 Contract ID # TLARC-96258-4179-6/27 State of California located in Riverside, California, and the parties waive any provision of law providing for a change of venue to another location. In the event any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. 23.12 This Agreement, including any attachments or exhibits, constitutes the entire agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous representations, proposals, discussions and communications, whether oral or in writing. This Agreement may be changed or modified only by a written amendment signed by authorized representatives of both parties. 23.13 This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each party to this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ("CUETA") (Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. The parties further agree that the electronic signatures of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUET A as amended from time to time. The CUET A authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code. [Signature Page Follows] RFQ# TLARC-2022-483 Page 18 of37 Fonn #116-310-Dated: 3/21/2019 7/19/22 ContraCI II)#. T LARC-96258-4 179 -6/2 7 IN WITN ESS WI IEREOF. the p;mics hereLo ha\•t ca us«I their duly authorl7.ed represe.ntativcs to exec ute this Agreement. COUNTY Of RJVERSJ0F~ • politica l s ubdivis ion of the State of Cal ifornia fly: ~ ----------· Monica Rossow Procurement Contrac t Specialist Datc.::d: _____ _ APPROV ED AS TO FORM : Cuu~}~o/ By:u....=UL_.4 ll1,.-\..--L ( _ Danielle Mafa.nd Deputy County Counsel Rf~ TLARC'-20??..J.S J ►·ol'ffl # 11 6-J I O -D.ntd: 312 I i20 19 P.i_ge 19 of37 DAT A TICKET lNC., a C:il iforn ia co(p()ration B~~ Rrc,ok W~tcon CFO EXHIBIT A SCOPE OF SERVICES Contract ID # TLARC-96258-4179-6/27 CONTRACTOR shall receive and process Administrative Citations, Parking Citations and notices of delinquent citation penalties, otherwise known as "citations "and "delinquent citations", for illegal parking and administrative citations within the territorial jurisdiction of the County of Riverside. CONTRACTOR will collect and process penalties for violations, late payment penalties, and administrative fees and other related charges, pursuant to the laws of the State of California and the ordinances and resolutions of the County of Riverside. CONTRACTOR shall maintain appropriate access and account(s) with the Department of Motor Vehicles (OMV), including required information security agreements. All necessary services, equipment, reports, etc. must comply with all applicable codes and ordinances. 1.0 CONTRACTOR shall perform the following services: 1.0.1 Deliver delinquent citations to registered owner(s) of vehicle(s) or property owner if payment of penalty is not received by the date fixed on the citation. 1.0.2 Deposit all penalties, administrative fees, process service fees and collection costs related to civil debt collections into an account in the name of the County of Riverside within a financial institution and branch, or as designated by the COUNTY. Receive payments through the mail from or on behalf of vehicle/property owners, and or persons otherwise responsible for payment of citation(s). All such money collected, prior to its deposit, shall be the property of the COUNTY; and upon deposit, the property rights in such money shall be in accordance with the applicable agreement between the COUNTY and the depository institution. 1.0.3 Prepare an audit report at the end of each fiscal year (June 30), setting forth the number of cases processed and all sums received and distributed. 1.0.4 CONTRACTOR to provide a monthly report of complaints in order that the COUNTY can investigate and resolve complaints by the motorists. 2.0 Citation Processing CONTRACTOR shall 2.0.1 2.0.2 2.0.3 2.0.4 2.0.5 2.0.6 2.0.7 Process and collect all revenue from parking. administrative citations and administrative civil penalties. Process all hand-written and automated citations. Process and collect all proceeds from non-sufficient fund checks. Provide toll free telephone service for violators and/or for COUNTY personnel inquiries. Perform all administrative review when requested by the cited party. . Process Department of Motor Vehicles (OMV) holds on parking citations for non- payment and update violator records and provide accounting status for all holds. Provide management reports to include: status of citations, verification of deposits. RFQ# TLARC-2022-483 Page 20 of37 Fonn #116-310-Dated: 3/21/2019 Contract ID # TLARC-96258-4179-6/27 analysis by citation type, disposition of citations, pending actions, habitual offender status, citations that were written by officer and other pertinent information. 2.0.8 Perform all data entry requirements. 2.0.9 Specify and provide any equipment necessary to implement proposal (computers, modems printers, etc.) and how provided. 2.0.10 2.0.11 2.0.12 2.0.13 2.0.14 2.0.15 2.0.16 2.0.17 2.0.18 2.0.19 2.0.20 2.0.21 2.0.22 2.0.23 2.0.24 Specify and provide training for automated equipment or system processing that may be required. Provide for any required dedicated phone lines and cost of phone time, if charged to COUNTY. Provide all automated ticket writing and processing equipment or list equipment required and any related COUNTY responsibilities relating to usage, maintenance or site preparation required. All automated equipment provided under this RFP shall be new state-of-the art equipment unless otherwise specifically stated. COUNTY is currently handwriting citations. Maintenance costs associated with any required equipment is to be included in the ticket processing costs. Report and distribute any citation proceeds for any COUNTY and/or State distribution requirements or mandates. Collect, process and report credit card payments made by violators. Collect and report status of all installment payments to include amounts owed, amounts collected and outstanding balances due by violation by date(s). Provide for online internet access to customer database regarding citations in process. to post Walk in payments, to determine citation status by violator, or in total paid violations, outstanding uncollected violations, OMV holds, OMV releases and amounts due. Provide for local post office box receipt for daily payments at CONTRACTOR's cost. Make daily deposits into COUNTY account. CONTRACTOR must prepare daily COUNTY deposit slips for distribution collected. Provide for daily courier pick up of payments from P.0.Box or lock box. Develop process, coordinate and provide for change over for citations in process, paid citations, OMV holds and fines collected or any other transition activities from the current CONTRACTOR. Other actions and/or services associated with citation issuance and payment process. Other related actions and/or services offered that are not necessarily required by above legislation. Charge, collect, and remit for any COUNTY or CONTRACTOR "Non- Sufficient Funds"(NSF) fees/charges. 2.0.25 Reconcile and provide monthly reporting for total of funds collected, distributed and remitted to COUNTY monthly with related reconciliation status on all citation activity for the month. RFQ# TLARC-2022-483 Page 21 of 37 Form #I 16-310 -Dated: 3/21/2019 2.0.26 2.0.27 2.0.28 2.0.29 2.0.30 Contract ID # TLARC-96258-4179-6/27 Provide all costs for CONTRACTOR personnel, supplies and/or equipment required to support processing system. Provide costs associated with any of the above processing services, forms, or activities to be billed to COUNTY. Provide for COUNTY citation dismissal processing prior to citation transfer for payment processing. Provide for online internet access to customer database regarding citations in process, to post walk-in payments, to detennine citation status by violator, or in total paid violations, outstanding uncollected violations, and payments received through the Franchise Tax Board's (FTB) interagency Intercept Program. Within 15 days of a request, by mail or in person, the processing agency shall mail or otherwise provide to any person who has received a notice of delinquent parking violation, or his or her agent, a photographic copy of the origina I notice of parking violation or an electronically produced facsimile of the original notice of parking violation. 3.0 Referral and Reconciliation 3.0.1 CONTRACTOR's obligation to perform services applies to all hard copy citations, which the COUNTY delivers to the CONTRACTOR in a single batch each week. CONTRACTOR shall update citation infonnation to a master file and shall provide the COUNTY with a weekly reconciliation of the number of citations updated to the master file and the number of hard copy citations delivered to the CONTRACTOR. RFQ# TLARC-2022-483 Page 22 of37 Fonn #116-310 -Dated: 3/21/2019 Contract ID # TLARC-96258-4179-6/27 B.1 PRICING COSTS EXHIBITB PAYMENT PROVISIONS COUNTY shall pay CONTRACTOR for services performed, products provided, or expenses incurred in accordance with the terms of this Agreement according to the details attached hereto and incorporated herein by this reference. Item Description UNIT COST Parking Citations EACH $0.58 Manual $0.50 Electronic I Notice-Parking EACH $0.76 (Annlies to Parking Citations only) Manual $15.00 upfront inclusive fee or $10.00 each instance Administrative Citations EACH Electronic $10.00 upfront inclusive fee or $5.00 each instance Appeal Scheduling EACH NO CHARGE Hearing Officer PER HOUR (no minimum) $85.00 Access to web hue system EACH NO CHARGE (unlimited users) Franchise Tax Board Processing -Social EACH $2.00 one-time charge per unique Security Search Look-up Social Number Percentage of FTB collections kept PERCENTAGE 15% Percentage of Out of State collection kept PERCENTAGE 24% Percentage of delinquent collections PERCENTAGE 23% Correspondence charges EACH $0.85 Advanced Collections Legal Action Not PERCENTAGE 30% of paid amount Required B.2 FEE DESCRIPTION: I, Administrative Citation Processing Manual and Electronic Administrative Citation Processing: (Manual $15.00 upfront inclusive fee or $10.00 each instance Electronic $10.00 upfront inclusive fee or $5.00 each instance) Services for the above-mentioned ite,m include: • Data entry of manually written citations performed within 48 hours of receipt RFQ# TLARC-2022-483 Page 23 of37 Form #116-310-Dated: 3/21/2019 Contract ID # TLARC-96258-4179-6/27 • Quality assurance verification of manually entered citations • Scanning of all manually written citations onto our network for storage and ease of retrieval • Bi-monthly shredding of manually written citations • Electronic transfer of all electronically written citations, recordings, videos and photographs • Assessed at Citation Date + 60 Days 1. 1st Notice Cost: Included Services for the above-mentioned item include: • Semi-custom Notice that is printed on an 8 ½ x 11" piece of paper with a perforated tear-of payment stub provided in a window envelope sent to the registered owner of a vehicle • All notices are attached to the citation online and are viewable via the web • All notices sent via I st Class Mail • All notices include a return envelope in which the responsible party may submit payment • This charge is only incurred if the individual does not pay within 90 days 2. Delinquent Collections: Included • This fee will be assessed when a citation is sixty (60) days past the citation issue date, assuming a first notice has been sent to the registered owner and the citation is not on hold for any reason • Three Delinquent Notices will be sent to the registered owner at no cost to the COUNTY • All notices are sent via First Class mail and all notices are printed on an 8 ½ x 11" sheet of paper and folded into a window envelope; in addition, a window envelope is provided for the recipient to return payment • All notices are attached to the citation online and are viewable via the web • If CONTRACTOR does not collect on a citation that is delinquent, the COUNTY does not owe this fee • Notices will be sent via I st Class Mail, and CONTRACTOR will be responsible for the cost incurred and all customer service and payment entry 3. Franchise Tax Board Processing: SSN Look-up ($2.00 per unique SSN) • This fee will be assessed to lookup a social security number associated with a particular registered owner and address • This charge is charged per unique SSN, not per citation 4. FTB Collections 15% of paid amount RFQ# TLARC-2022-483 Page 24 of 37 Form #116-310 -Dated: 3/21/2019 8. Contract ID # TLARC-96258-4179-6/27 • This fee is charged if a citation is paid at the Franchise Tax Board • This charge is not combined with any other charge; for example, if a citation is rolled to delinquent status and paid at FTB, only the 15% of revenue collected will be charged • CONTRACTOR will send an FTB Notice to the Customer as required by the Interagency Intercept Program; this notice will be sent via 1st Class Mail at no additional cost to the COUNTY • All notices are attached to the citation online and are viewable via the web • CONTRACTOR will pay for the COUNTY's cost to participate in the FTB program; annually, FTB will send an invoice to the COUNTY for the number of debts placed at FTB; the COUNTY will simply provide this invoice to CONTRACTOR and CONTRACTOR will pay it in full • If CONTRACTOR does not collect on a citation that is at FTB, the COUNTY does not owe the collection fee 5. Advanced Collections (Optional, 30% of paid amount) • This fee is charged if a citation is paid at Advanced Collections • This charge is not combined with any other charge; for example, if a citation is rolled to delinquent status and paid at Advanced Collections, only the 23% of revenue collected will be charged 6. 2nd Level Hearing Hold, Scanning and Scheduling of Hearing (Optional, $0.50 per citation) • CONTRACTOR will review all documentation received by the Appellant and determine whether the request received within the required timeframe • If the request was received within the required timeframe, CONTRACTOR's Adjudication Department will place the citation on an Administrative Hearing Request Hold and scan all received documentation into the Solution where it is displayed on the web for the COUNTY's Staff and the Hearing Officer • lfthe request is received outside the required timeframe, the COUNTY will have the option to proceed as though the request was received within the timeframe or it may elect to have CONTRACTOR send a "time expired letter" rejecting the appeal • CONTRACTOR will work with the designated Hearing Officer to schedule the Hearing based on either a pre-determined schedule or an ad hoc basis, depending on the COUNTY's schedule 2nd Level Hearing Schedule & Disposition Letters Included • CONTRACTOR will send a custom disposition letter to the Appellant via I st Class Mail RFQ# TLARC-2022-483 Page 25 of37 Form #I 16-310 -Dated: 3/21/2019 9. Contract ID# TLARC-96258-4179-6/27 • All letters are attached to the citation online and are viewable via the web • Disposition letters will be sent Monday -Friday 2nd Level Hearing Disposition Included • CONTRACTOR's independent, certified, insured hearing officers will be provided to the to perform in-person, phone and written hearings • Each hearing request will be reviewed, heard or read and all required research will be performed • The Hearing Officer will enter a judgment into the Citation Processing System for viewing by the COUNTY, Appellant and CONTRACTOR • Hearings will be scheduled • The COUNTY will incur costs associated with mileage as defined by Federal guidelines • CONTRACTOR will work with the COUNTY to arrange for the use of a conference room at an COUNTY location or the COUNTY may elect to have citations heard at a centralized location within the County of Riverside 10. Joint/ Escrow Banking Services (Optional) $100.00 per month Services for the above- mentioned item include: • Daily deposits of funds to the COUNTY's escrow account • Online, real-time reconciliation reports that tie directly to the bank statement • Processing of all credit card charge-backs and Insufficient Funds • Month-end reconciliation of all funds collected • Payment ofCONTRACTOR's invoice • Disbursement of the net remittance to the COUNTY • Scanning of all payments directly to joint bank account daily using remote check deposit • The COUNTY will be responsible for the purchase of banking supplies, including checks and endorsement stamps; these fees typically run $200.00 per year • Refunds verified and issued weekly 11. Online Access for the COUNTY's Customers: Included The COUNTY's Customers will have the ability to perform the following functions online: • View real-time citation(s) data RFQ# TLARC-2022-483 Page 26 of37 Fonn #116-310 -Dated: 3/21/2019 Contract ID # TLARC-96258-4179-6/27 • Pay for a single or many citation(s) • Request a Hearing online and attach up to 3 supporting documents • Print a receipt • View pictures of the citation taken by the issuing officer (if the COUNTY allows) 12. Online Access for the COUNTY's Staff: Included Access to the COUNTY's data is based on unique usemames and passwords assigned to everyone who requires access to the system. CONTRACTOR does not limit the number of individuals who have access to the system and the number and types of access can change at any point with a simple email request to CONTRACTOR. Our Solution is setup to maintain a complete audit trail for each transaction in the system so that the username is displayed next to every transaction in the system, indicating who performed the transaction and when. Dependent on the access rights provided to each COUNTY Staff member, the following capabilities are available: • View real-time citation(s) data, including pictures taken by the Issuing Officer • Accept payment via VISA, MasterCard, Discover and American Express credit/debit cards • Accept payment via Cash, Check or Money Order • Process NSFs, Charge-backs and Refunds • Reduce or increase violation amounts, dismiss citations, void citations and place a citation on hold • Change citation data, including violations, date, time, location, comments, and others • Generate a time expired or letter of non-responsibility for a citation in the adjudication process • View the complete reason for the Hearing Request and supporting documentation provided by the Appellant directly online • Edit Appellant information • Upload disposition documents sent to the COUNTY via US Mail • Add a note to a citation and see all comments added to the citation • View the reason for the 2nd Level Administrative Hearing Request online and view the supporting documentation provided by the Appellant, directly online • Print a receipt with or without responsible party information RFQ# TLARC-2022-483 Page 27 of37 Form #116-310 -Dated: 3/21/2019 Contract ID # TLARC-96258-4179-6/27 13. Reporting: Included 14. • CONTRACTOR offers 24 reports online for our Clients to generate. print and re-print 24/7. We provide real-time reports that can be generated for any timeframe required and we provide pre- processed/month-end reports that reflect the month-end view of data. • All reports are available online and because we do not purge data unless specifically requested to do so by a Client, the data is available as long as the COUNTY is a Client. • All reports are generated in HTML so our Clients can copy and paste the data into Excel for data manipulation purposes. • Report Generator capabilities that provide COUNTY Personnel with the ability to create, save, share and print custom reports at any time for any time frame. • If the COUNTY were to request a report that was not already available, CONTRACTOR would work with the COUNTY to design the report and provide it to the COUNTY at no cost. Manual Payment Processing: Included • Manually received payments ( checks, cash, money orders and credit card payments sent via US Mail) are received at our PO Box in Newport Beach where a bonded and insured courier picks up the mail daily and delivers it to our Newport Beach office • On-site Mail Department opens, sorts and batches the payments before providing them to our on- site Data Entry Department • After double-blind entry of each payment, the citations are updated by our Quality Assurance team • Payments are then provided to our Accounting Department where daily deposit slips are completed and provided to a bonded, insured courier who takes them to the bank 15. Charge-backs and NSF's Included 16. • CONTRACTOR will process credit card charge-backs and NSFs when notified of each occurrence if COUNTY is not an escrow account holder • Once processed, CONTRACTOR will send a custom letter to the individual detailing the returned item and the amount due on the citation Refunds Included • CONTRACTOR will process refunds when notified of each by the COUNTY • In the event the COUNTY utilizes Joint Banking, CONTRACTOR will verify, generate and send each refund due RFQ# TLARC-2022-483 Page 28 of 37 Form #116-310 -Dated: 3/21/2019 Contract ID # TLARC-96258-4179-6/27 • Refunds will be issued weekly • Refunds will be sent via 1st Class Mail 17. Customer Service: Included 18. • CONTRACTOR provides a live, bi-lingual, on-site Customer Service Department that is fully trained to answer questions related to citation issuance, payment, adjudication, FTB, advanced credit reporting collections and more • All calls are recorded to quality assurance and recordings can be sent to the COUNTY at any time for review • CONTRACTOR's IVR is bi-lingual and accessible via several toll-free numbers; the IVR provides real-time information to the caller regarding status, including the amount due • The IVR accepts VISA, MasterCard, Discover, and American Express Web Presence: Included • CONTRACTOR's Solution is 100% web-based and Section 508 Compliant and is provided at: www.CitationProcessingCenter.com; this is a generic website in the sense that it is not COUNTY branded. This website allows for the COUNTY and the COUNTY's Customers to access citations online • If the COUNTY prefers an COUNTY branded website, one in which the look and feel mimics that of the COUNTY's website, CONTRACTOR can and will provide this feature to the COUNTY 19. Cost Increases: Postal Rate Increase Offset -If postal rates increase during the term of the agreement, fees to OT! shall be raised immediately to offset the effect of the actual postal rate increase. CPI Increases -There will be NO CPI increases for the duration of the agreement. 11, Parking Citation Processing Below are a detailed description of the services offered by CONTRACTOR. 1. Manual Parking Citation Processing: $0.58 Services for the above-mentioned items include: • On-site data entry of manually written citations performed within 48 hours of receipt • On-site quality assurance verification of manually entered citations • Scanning of all manually written citations onto our network for storage and ease of retrieval • Bi-monthly shredding of manually written citations RFQ# TLARC-2022-483 Page 29 of 37 Form #116-310-Dated: 3/21/2019 Contract ID # TLARC-96258-4179-6/27 2. Electronic Parking Citation Processing: $0.50 Services for the above-mentioned items include: • Automated citation transmission into CONTRACTOR's Citation Management Solution 24/7 • Automated confirmation email detailing successfully transmitted citations • Automated transmission of photos attached to citations 3. 1 Notice -Parking: $0.76 Services for the above-mentioned item include: • Semi-custom Courtesy Notice that is printed on an 8 ½ x 11" piece of paper with a perforated tear-of payment stub provided in a window envelope sent to the registered owner of a vehicle • All notices are attached to the citation online and are viewable via the web • All notices sent via !st Class Mail • All notices include a return envelope in which the responsible party may submit payment • This charge is only incurred if the individual does not pay off the windshield and a notice is sent to the individual as a result 4. Out-of-State Collections: 24% of revenue collected • This fee will cover all expenses associated with obtaining out-of-state registered owner information and will only be due when a citation is paid • CONTRACTOR is a recognized Strategic Partner with NLETs and we are currently utilizing the COUNTY's and our ORI • This fee is not combined with any other contingency fee. For example, if a citation is rolled to a delinquent status, only 23% of revenue collected will be charged • If CONTRACTOR does not collect on a citation that is issued to an out of state plate, the COUNTY does not owe this fee. 5. Delinquent Collections: 23% of revenue collected • This fee will be assessed when a citation is ninety (90) days past the citation issue date, assuming a first notice has been sent to the registered owner and the citation is not on hold for any reason • Three Delinquent Notices will be sent to the registered owner at no cost to the COUNTY • All notices are sent via First Class mail and all notices are printed on an 8 ½ x 11" sheet of paper and folded into a window envelope; in addition, a window envelope is provided for the recipient to return payment RFQ# TLARC-2022-483 Page 30 of37 Form #116-310 -Dated: 3/21/2019 Contract ID # TLARC-96258-4179-6/27 • All notices are attached to the citation online and are viewable via the web • If CONTRACTOR does not collect on a citation that is delinquent, the COUNTY does not owe this fee • Notices will be sent via I st Class Mail, and CONTRACTOR will be responsible for the cost incurred and all customer service and payment entry • If the COUNTY prefers to continue with its current processing timeline and not use Delinquent Collections, we have provided a cost of$0.76 per notice for each 2nd notice sent. 6. Franchise Tax Board Processing SSN Look-up: $2.00 per SSN • This fee will be assessed to lookup a social security number associated with a registered owner and address • This charge is charged per unique SSN, not per citation 7. FTB Collections: 15% of revenue collected • This fee is charged if a citation is paid at the Franchise Tax Board • This charge is not combined with any other charge; for example, if a citation is rolled to delinquent status and paid at FTB, only the 15% of revenue collected will be charged • CONTRACTOR will send an FTB Notice to the Customer as required by the lnteragency Intercept Program; this notice will be sent via 1st Class Mail and will be sent at no cost to the COUNTY • All notices are attached to the citation online and are viewable via the web • CONTRACTOR will pay for the COUNTY's cost to participate in the FTB program; annually, FTB will send an invoice to the COUNTY for the number of debts placed at FTB; the COUNTY will simply provide this invoice to CONTRACTOR and CONTRACTOR will pay it in full • If CONTRACTOR does not collect on a citation that is at FTB, the COUNTY does not owe the collection fee 8. Adjudication: A. 1st Level Hold & Scanning of Review Request (Optional) $0.50 per citation • CONTRACTOR will review all documentation received by the Appellant and determine whether the request received within the required timeframe RFQ# TLARC-2022-483 Page 31 of37 Fonn #116-310 -Dated: 3/21/2019 Contract ID# TLARC-96258-4179-6/27 • If the request was received within the required timeframe, CONTRACTOR's Adjudication Department will place the citation on an Administrative Review Request Hold and scan all received documentation into the Citation Management Solution where it is displayed on the web for the COUNTY's Staff • If the request is received outside the required timeframe, the COUNTY will have the option to proceed as though the request was received within the timeframe or it may elect to have CONTRACTOR send a "time expired letter" rejecting the appeal B. Disposition and Schedule Letters $0.85 per letter • CONTRACTOR will send a custom disposition letter to the Appellant via I st Class Mail • All letters are attached to the citation online and are viewable via the web C. 2nd Level Hearing Hold, Scanning and Scheduling of Hearing $0.50 per citation (Optional) • CONTRACTOR will review all documentation received by the Appellant and determine whether the request received within the required timeframe • If the request was received within the required timeframe, CONTRACTOR's Adjudication Department will place the citation on an Administrative Hearing Request Hold and scan all received documentation into the Solution where it is displayed on the web for the COUNTY's Staff and the Hearing Officer • If the request is received outside the required timeframe, the COUNTY will have the option to proceed as though the request was received within the timeframe or it may elect to have CONTRACTOR send a "time expired letter" rejecting the appeal • CONTRACTOR will work with the designated Hearing Officer to schedule the Hearing based on either a pre-determined schedule or an ad hoc basis, depending on the COUNTY's schedule D. 2nd Level Hearings Performed (Optional)$85.00 per hour • CONTRACTOR's independent, certified, insured hearing officers will be provided to the to perform in-person, phone and written hearings • Each hearing request will be reviewed, heard or read and all required research will be performed • The Hearing Officer will enter a judgment into the Citation Processing System for viewing by the COUNTY, Appellant and CONTRACTOR • Hearings will be scheduled • The COUNTY will incur costs associated with mileage as defined by Federal guidelines RFQ# TLARC-2022-483 Page 32 of 37 Fonn #116-310-Dated: 3/21/2019 Contract ID# TLARC-96258-4179-6/27 • CONTRACTOR will work with the COUNTY to arrange for the use of a conference room at an COUNTY location or the COUNTY may elect to have citations heard at a centralized location within the COUNTY 9. Acceptance and Scanning oflndigent Payment Plan Requests (Optional) (Approval/Denial by CONTRACTOR) $5.00 per request OR Accepting and Scanning of Indigent Payment Plan Requests (Approval/Denial by COUNTY) $2.00 per request AND Indigent Payment Plan/Denial Letters $0.85 per letter 10. Joint/ Escrow Banking Services (Optional) mentioned item include: $100.00 per month Services for the above- • Daily deposits of funds to the COUNTY's escrow account • Online, real-time reconciliation reports that tie directly to the bank statement • Processing of all credit card chargebacks and Insufficient Funds • Month-end reconciliation of all funds collected • Disbursement of COUNTY/ State Surcharges at month-end • Payment ofCONTRACTOR's invoice • Disbursement of the net remittance to the COUNTY • Scanning of all payments directly to joint bank account daily using remote check deposit • The COUNTY will be responsible for the purchase of banking supplies, including checks and endorsement stamps; these fees typically run $200.00 per year 11.Charge-backs and NSF's (Optional) $3.50 per issued instance • CONTRACTOR will process credit card charge-backs and NSFs when notified of each occurrence • Once processed, CONTRACTOR will send a custom letter to the individual detailing the returned item and the amount due on the citation 12.Refunds (Optional) $3.50 per issued instance • CONTRACTOR will process refunds when notified by the COUNTY RFQ# TLARC-2022-483 Page 33 of37 Form #116-310 -Dated: 3/21/2019 Contract ID # TLARC-96258-4179-6/27 • In the event the COUNTY utilizes Joint Banking, CONTRACTOR will verify, generate and send each refund due when notified by the bank • Refunds will be issued weekly • Refunds will be sent via 1st Class Mail 13.Services Included in the Above Costs; A. Online Access for the COUNTY's Customers: Included The COUNTY's Customers will have the ability to perform the following functions online: • View real-time citation(s) data • Pay for a single or many citation(s) • Request a I st Level Administrative Review and attach up to three documents supporting their position • Request a 2nd Level Administrative Hearing Request and attach up to three documents supporting their position • Print a receipt • View pictures of the citation taken by the issuing officer (if the COUNTY allows) B. Online Access for the COUNTY's Staff: Included Access to the COUNTY's data is based on unique usemames and passwords assigned to everyone who requires access to the system. CONTRACTOR does not limit the number of individuals who have access to the system and the num her and types of access can change at any point with a simple email request to CONTRACTOR. Our Solution is setup to maintain a complete audit trail for each and every transaction in the system, therefore, the usemame is displayed next to every transaction in the system, indicating who performed the transaction and when. Dependent on the access rights provided to each COUNTY Staff member, the following capabilities are available: • View real-time citation(s) data, including pictures taken by the Issuing Officer • Accept payment via VISA, MasterCard, Discover and American Express credit/debit cards • Accept payment via Cash, Check or Money Order • Process NSFs, Chargebacks and Refunds RFQ# TLARC-2022-483 Page 34of37 Form #116-310-Dated: 3/21/2019 Contract ID # TLARC-96258-4179-6/27 • Reduce or increase violation amounts, dismiss citations, void citations and place citations on hold • Change citation data, including violations, date, time, plate, location, comments, make, model, color, registration expiration date and others • Perform Administrative Reviews online by entering the disposition directly online • Generate a time expired or letter of non-responsibility for a citation in the adjudication process • View the complete reason for the Review Request and supporting documentation provided by the Appellant directly online • Edit Appellant information • Upload disposition documents sent to the COUNTY via US Mail • Add a note to a citation and see all comments added to the citation • View the reason for the 2nd Level Administrative Hearing Request online and view the supporting documentation provided by the Appellant, directly online • Print a receipt with or without registered owner information C, Reporting: Included • CONTRACTOR offers 24 reports online for our Clients to generate, print and re-print 24/7. We provide real-time reports that can be generated for any timeframe required and we provide pre- processed/month-end reports that reflect the month-end view of data. • All reports are available online and because we do not purge data unless specifically requested to do so by a Client, the data is available if the COUNTY is a Client. • All reports are generated in HTML so our Clients can copy and paste the data into Excel for data manipulation purposes. • If the COUNTY were to request a report that was not already available using the standard reports or report generator, CONTRACTOR would work with the COUNTY to design the report and provide it to the COUNTY at no cost. D. Manual Payment Processing: Included • Manually received payments ( checks, cash, money orders and credit card payments sent via US Mail) are received at our PO Box in Newport Beach where a bonded and insured courier picks up the mail daily and delivers it to our Newport Beach office • On-site Mail Department opens, sorts and batches the payments before providing them to our on- site Data Entry Department RFQ# TLARC-2022-483 Page 35 of37 Form #116-310-Dated: 3/21/2019 Contract ID# TLARC-96258-4179-6/27 • After double-blind entry of each payment, the citations are updated by our Quality Assurance team • Payments are then provided to our Accounting Department where daily deposit slips are completed and provided to a bonded, insured courier who takes them to the bank E. Registered Owner Information: Included • Registered owner information for all citations issued on California license plates • Turnaround time for acquisition of California registered owner information is same day • Registered owner information for all citations issued on out of state license plates • CONTRACTOR is a recognized Strategic Partner with NLETs and has access to registered owner information nationwide real-time through NLETs service • Access to this system requires the use of the COUNTY's ORI for tracking purposes only; CONTRACTOR will utilize its own ORI for actually acquiring the out of state RO data F. CA DMV Holds and Releases: Included • California DMV Holds and Release performed daily via an online connection • Holds and releases can also be performed real-time, upon request • Citation amounts placed on hold are updated daily in the event a partial payment is made G. Customer Service: Included • CONTRACTOR provides a live, bi-lingual, on-site Customer Service Department that is fully trained to answer questions related to citation issuance, payment, adjudication, fix-it tickets, sign-offs, FTB, advanced credit reporting collections and more • All calls are recorded to quality assurance and recordings can be sent to the COUNTY at any time for review • CONTRACTOR's IVR is bi-lingual and accessible via several toll-free numbers; the IVR provides real-time information to the caller regarding current status, including the amount due • The IVR accepts VISA, MasterCard, Discover, and American Express H. Web Presence: Included • CONTRACTOR's Solution is 100% web-based and Section 508 Compliant and is provided at: www.CitationProcessingCenter.com; this is a generic website in the sense that it is not COUNTY branded. This website allows for the COUNTY aud the COUNTY's Customers to access citations online RFQ# TLARC-2022-483 Page 36 of 37 Form #116-310 -Dated: 3/21/2019 Contract ID # TLARC-96258-4179-6/27 • If the COUNTY prefers an COUNTY branded website, one in which the look and feel mimics that of the COUNTY's website, CONTRACTOR can and will provide this feature to the COUNTY. 14. Cost Increases: • Postal Rate Increase Offset -If postal rates increase during the term of the agreement, fees to DTI shall be raised immediately to offset the effect of the actual postal rate increase. • CPI Increases-There will be NO CPI increases for the duration of the agreement. III. Detailed Android Pricing (Optional) IV. • CONTRACTOR has provided the following handheld unit pricing for a purchase option. If the COUNTY is interested in lease prices we are happy to provide that as an option. .tern ~5 Print Samsung A52 Plus w/ TSC 3" 0 rinter Purchase Price $3,000.00 $1,300.00 HANPHEI,D J,ICENSING AND SUPPORT COSTS 1. Handheld Software License Fee $150.00 per unit per year, 1st year only $125.00 per unit per year, 2nd and subsequent years This fee is for the software application and all enhancements. 2. Support $25.00 per month per unit Support includes full repair or replacement of any units which fail to perform. There is no deductible charged. 3. Training No Charge Onsite training at the COUNTY's preferred location will be provided free of charge for both the handheld ticket writer training and the system training. Training typically takes place over the course of a few hours and will be customized to meet the COUNTY's requirements. 4. Ticket Stock to be Quoted based on Quantity Ticket stock pricing may vary depending on the quantity, coloring, artwork, and set up fee if applicable. We would be happy to supply pricing upon request. 5. Wireless Services Actual Cost If the COUNTY elects to utilize a wireless data plan by which to transmit citations, CONTRACTOR will pass the cost of the data plan directly from the wireless vendor. RFQ# TLARC-2022-483 Page 37 of 37 Form #116-310-Dated: 3/21/2019 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-242 MEETING DATE:4/1/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager VIA:Jennifer Villasenor, Director of Community Development PREPARED BY:Joanna Cortez, Principal Planner Subject: Approve Zoning Text Amendment No. 25-00 1 (Smoke/Tobacco Shop Regulations) by approving for the introduction of Ordinance Nos. 4331, 4332, 4333 , and 4334 continued from the March 18, 2025, City Council Meeting Statement of Issue: Transmitted for City Council’s consideration is Zoning Text Amendment (ZTA)No.25-001,a City Council initiated request to amend the Huntington Beach Zoning and Subdivision Ordinance (HBZSO)to introduce regulations for smoke/tobacco shops within the City.The request also includes an amendment to remove duplicate information within the zoning ordinance.The Planning Commission and staff recommend approval of the request. Financial Impact: Not Applicable Recommended Action: A)Find Zoning Text Amendment No. 25-001 exempt from the California Environmental Quality Act (CEQA) pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the zoning ordinance that does not change the development standards intensity or density; and, B)Approve Zoning Text Amendment No. 25-001 with findings (Attachment No. 1) and approve for introduction: 1.Ordinance No. 4331, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 204 Use Classifications of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 25-001)”; (Attachment No. 2) 2.Ordinance No. 4334, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 211 C Commercial Districts of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 25-001)”; (Attachment No. 3) City of Huntington Beach Printed on 3/26/2025Page 1 of 3 powered by Legistar™ File #:25-242 MEETING DATE:4/1/2025 3.Ordinance No. 4333, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 212 I Industrial Districts of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 25-001)”; (Attachment No. 4) 4.Ordinance No. 4332, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 230 Site Standards of the Huntington Beach Zoning Code and Subdivision Ordinance (Zoning Text Amendment No. 25-001)”; (Attachment No. 5) Alternative Action(s): Do not approve, and direct staff accordingly. Analysis: A.PROJECT PROPOSAL: ZTA No.25-001 represents a request to amend and update certain sections of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO)to define and add regulations for smoke/tobacco shops within the City.In addition to the proposed regulations,this ZTA also includes an amendment,unrelated to smoke/tobacco shops,to remove duplicative text within the HBZSO. B.BACKGROUND: To reduce illegal sales of tobacco products to minors,California has passed policies to further regulate the sale of tobacco in the retail environment.Many jurisdictions have passed additional policies to implement state laws and regulations including restrictions on what retailers can and cannot sell and where retailers can be located in order to counter efforts to attract new (younger) customers.To prevent the proliferation and cluster of smoke or tobacco retailers,especially near youth populated areas,on September 3,2024,the City Council directed staff (Attachment No.6) to draft the necessary amendments to the HBZSO to define and add regulations for smoke/tobacco shops within the City. C.PLANNING COMMISSION MEETING AND RECOMMENDATION: On February 11,2025,the Planning Commission held a public hearing on the ZTA.There was one speaker/comment in support of the item (Attachment No.8).The Planning Commission recommended approval of the request to the City Council with the following modifications: ·Chapter 211:The new provision letter in the land use table was amended from letter “P”to letter “DD” ·Chapter 230:The minimum distance requirement from smoke/tobacco shops to youth- populated areas and between smoke/tobacco shops was modified from 500 feet to 1,000 feet. Planning Commission Action on February 11, 2025: A motion was made by Thienes,seconded by Goldberg,to recommend to the City Council approval of ZTA No. 25-001 carried by the following vote: AYES:Thienes, Goldberg, Pellman, Wood, Bush, Babineau, McGee NOES:None ABSTAIN:None City of Huntington Beach Printed on 3/26/2025Page 2 of 3 powered by Legistar™ File #:25-242 MEETING DATE:4/1/2025 ABSENT:None MOTION PASSED D.STAFF ANALYSIS: The February 11,2025,Planning Commission staff report provides a more detailed description and analysis of the proposed ZTA (Attachment No.7).In summary,staff and the Planning Commission recommend approval of ZTA No. 25-001 based on the following reasons: 1.It addresses a community need to prevent the proliferation and cluster of smoke/tobacco retailers, especially near youth-populated areas; 2.Cleans up the HBZSO to improve clarity; and 3.Is consistent with General Plan goals and policies. Environmental Status: ZTA No. 25-001 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the zoning ordinance that does not change the development standards intensity or density Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1.Suggested Findings of Approval - ZTA 25-001 2.HBZSO Chapter 204 (Use Classifications) Draft Ordinance No. 4331 and Legislative Draft 3.HBZSO Chapter 211 (C Commercial Districts) Draft Ordinance No. 4334 and Legislative Draft 4.HBZSO Chapter 212 (I Industrial Districts) Draft Ordinance No. 4333 and Legislative Draft 5.HBZSO Chapter 230 (Site Standards) Draft Ordinance No. 4332 6.City Council H-Item dated September 3, 2024 7.February 11, 2025, Planning Commission Staff Report 8.Supplemental Communication received and dated February 10, 2025 9.PowerPoint Presentation City of Huntington Beach Printed on 3/26/2025Page 3 of 3 powered by Legistar™ ATTACHMENT NO. 1 SUGGESTED FINDINGS OF APPROVAL ZONING TEXT AMENDMENT NO. 25-001 SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEQA: Zoning Text Amendment (ZTA) No. 25-001 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the zoning ordinance that does not change the development standards intensity or density. SUGGESTED FINDINGS FOR APPROVAL - ZONING TEXT AMENDMENT NO. 25-001: 1. Zoning Text Amendment No. 25-001 is to amend four chapters of the Huntington Beach Zoning and Subdivision Ordinance to primarily introduce regulations for smoke/tobacco shops. The chapters to be amended are Chapter 204 (Use Classifications), Chapter 211 (C Commercial Districts), and Chapter 230 (Site Standards). Chapter 212 (I Industrial Districts) is also being amended to remove duplicate text. The proposed zoning text amendment is consistent with the goals and policies of the City’s General Plan including: Land Use Element: Goal LU-1: New commercial, industrial, and residential development is coordinated to ensure that the land use pattern is consist with the overall goals and needs of the community. Policy LU-1(D): Ensure that new development projects are of compatible proportion, scale, and character to complement adjoining uses. Policy LU-2(D): Maintain and protect residential neighborhoods by avoiding encroachment of incompatible land uses. Goal LU-11: Commercial land uses provide goods and services to meet regional and local needs. The proposed ZTA will define and regulate smoke/tobacco retail shops in a manner that will ensure new shops are compatible with surrounding uses. The proposed regulations will limit this use to commercially zoned properties while prohibiting them in any primarily residentially zoned areas. Smoke/tobacco shops will maintain a 1,000-foot separation from sensitive uses, such as hospitals and youth-oriented areas, as well as other smoke/tobacco shops. These regulations will allow these types of commercial goods and services to operate in designated areas of the city while meeting the community’s desire of limiting the overexposure of this use to young people. The proposed text cleanup will provide greater customer service as it will provide residents and business owners a clear understanding of permitted uses within the industrial zone. 2. Zoning Text Amendment No. 25-001 is compatible with the uses authorized in, and the standards prescribed for the zoning district for which it is proposed because it primarily revises the processing of an existing use and clarifies a section of the HBZSO. The revisions that have been added or clarified will not change the character of the base zoning district and the uses authorized therein. 3. A community need is demonstrated for the changes proposed because there is a constant community desire to ensure compatibility of uses between different zoning areas and ensure the HBZSO is clear, current, and proactive with conflicts in the code. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice because ZTA No. 25-001 ensures the HBZSO is clear, current, and proactive with conflicts in the code, and reflective of the City’s ongoing effort to improve customer service. ORDINANCE NO. 4331 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 204 USE CLASSIFICATIONS OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE (ZONING TEXT AMENDMENT NO. 25-001) WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 25-001, which amends Chapter 204 of the Huntington Beach Zoning and Subdivision Ordinance. After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Chapter 204 of the Huntington Beach Zoning Code is hereby amended to read as follows: 204.10 Commercial Use Classifications A. Ambulance Services. Provision of emergency medical care or transportation, including incidental storage and maintenance of vehicles as regulated by Chapter 5.20. B. Animal Sales and Services. 1. Animal Boarding. Provision of shelter and care for small animals on a commercial basis. This classification includes activities such as feeding, exercising, grooming, and incidental medical care, and kennels. 2. Animal Grooming. Provision of bathing and trimming services for small animals on a commercial basis. This classification includes boarding for a maximum period of 48 hours. 3. Animal Hospitals. Establishments where small animals receive medical and surgical treatment. This classification includes only facilities that are entirely enclosed, soundproofed, and air-conditioned. Grooming and temporary (maximum 30 days) boarding of animals are included, if incidental to the hospital use. 4. Animals, Retail Sales. Retail sales and boarding of small animals, provided such activities take place within an entirely enclosed building. This classification includes grooming, if incidental to the retail use, and boarding of animals not offered for sale for a maximum period of 48 hours. 5. Equestrian Centers. Establishments offering facilities for instruction m horseback riding, including rings, stables, and exercise areas. 25-15852/3 7222 ORDINANCE NO. 4331 6. Pet Cemetery. Land used or intended to be used for the burial of animals, ashes or remains of dead animals, including placement or erection of markers, headstones or monuments over such places of burial. C. Artists' Studios. Work space for artists and artisans, including individuals practicing one of the fine arts or performing arts, or skilled in an applied art or craft. D. Banks and Savings and Loans. Financial institutions that provide retail banking services to individuals and businesses. This classification includes only those institutions engaged in the on-site circulation of cash money. It also includes businesses offering check-cashing facilities. With Drive-up Service. Institutions providing services accessible to persons who remain in their automobiles. E. Building Materials and Services. Retailing, wholesaling, or rental of building supplies or equipment. This classification includes lumber yards, tool and equipment sales or rental establishments, and building contractors' yards, but excludes establishments devoted exclusively to retail sales of paint and hardware, and activities classified under Vehicle/Equipment Sales and Services. F. Catering Services. Preparation and delive1y of food and beverages for off-site consumption without provision for on-site pickup or consumption. (See also Eating and Drinking Establishments.) G. Commercial Filming. Commercial motion picture or video photography at the same location more than six days per quarter of a calendar year. (See also Chapter 5.54, Commercial Photography.) H. Commercial Recreation and Entertainment. Provision of paiiicipant or spectator recreation or entertaimnent. This classification includes theaters, sp01is stadiums and arenas, amusement parks, bowling alleys, billiard parlors and poolrooms as regulated by Chapter 9.32; dance halls as regulated by Chapter 5.28; ice/roller skating rinks, golf courses, miniature golf courses, scale-model courses, shooting galleries, tennis/racquetball courts, health/fitness clubs, pinball arcades or electronic gaines centers, cyber cafe having more than four coin-operated game machines; card rooms as regulated by Chapter 9.24; and fo1iune telling as regulated by Chapter 5. 72. Limited. Indoor movie theaters, gaine centers and performing aiis theaters and health/fitness clubs occupying less than 2,500 square feet. I. Communications Facilities. Broadcasting, recording, and other communication services accomplished through electronic or telephonic mechanisms, but excluding Utilities (Major). This classification includes radio, television, or recording studios; telephone switching centers; telegraph offices; and wireless communication facilities. J. Eating and Drinking Establishments. Businesses serving prepared food or beverages for consumption on or off the premises. 25-15852/372222 2 ORDINANCE NO. 4331 1. With Fast-Food or Take-Out Service. Establishments where patrons order and pay for their food at a counter or window before it is consumed and may either pick up or be served such food at a table or take it off-site for consumption. a. Drive-through. Service from a building to persons in vehicles through an outdoor service window. b. Limited. Establishments that do not serve persons in vehicles or at a table. 2. With Live Entertainment/Dancing. An eating or drinking establishment where dancing and/or live entertainment is allowed. This classification includes nightclubs subject to the requirements of Chapter 5.44 of the Municipal Code. K. Food and Beverage Sales. Retail sales of food and beverages for off-site preparation and consumption. Typical uses include groceries, liquor stores, or delicatessens. Establishments at which 20% or more of the transactions are sales of prepared food for on-site or take-out consumption shall be classified as Catering Services or Eating and Drinking Establishments. With Alcoholic Beverage Sales. Establishments where more than 10% of the floor area is devoted to sales, display and storage of alcoholic beverages. L. Food Processing. Establishments primarily engaged in the manufacturing or processing of food or beverages for human consumption and wholesale distribution. M. Funeral and Interment Services. Establishments primarily engaged in the provision of services involving the care, preparation or disposition of human dead other than in cemeteries. Typical uses include crematories, columbariums, mausoleums or mortuaries. N. Horticulture. The raising of fruits, vegetables, flowers, trees, and shrubs as a commercial enterprise. 0. Laboratories. Establishments providing medical or dental laboratmy services; or establishments with less than 2,000 square feet providing photographic, analytical, or testing services. Other laboratories are classified as Limited Industry. P. Maintenance and Repair Services. Establishments providing appliance repair, office machine repair, or building maintenance services. This classification excludes maintenance and repair of vehicles or boats; see (Vehicle/Equipment Repair). Q. Marine Sales and Services. Establishments providing supplies and equipment for shipping or related services or pleasure boating. Typical uses include chandleries, yacht brokerage and sales, boat yards, boat docks, and sail-making lofts. R. (Reserved) S. Nurseries. Establishments in which all merchandise other than plants is kept within an enclosed building or a fully screened enclosure, and fertilizer of any type is stored and sold in package fmm only. 25-15852/372222 3 ORDINANCE NO. 4331 T. Offices, Business and Professional. Offices of firms or organizations providing professional, executive, management, or administrative services, such as architectural, engineering, graphic design, interior design, real estate, insurance, investment, legal, and veterinary offices. This classification includes medical/dental laboratories incidental to an office use, but excludes banks and savings and loan associations. U. Offices, Medical and Dental. A business which is primarily engaged in providing services for health maintenance, diagnosis or treatment of human disease, pain, injury, physical or mental condition, including, but not limited to, offices of acupuncturists, chiropractors, dentists, optometrists, physicians, podiatrists, dermatologists, psychiatrists, psychologists and physical therapists. V. Pawn Shops. Establishments engaged in the bnying or selling of new or secondhand merchandise and offering loans secured by personal prope1iy and subject to Chapter 5.36 of the Municipal Code. W. Personal Enrichment Services. Provision of instructional services or facilities, including photography, fine arts, crafts, dance or music studios, driving schools, business and trade schools, and diet centers, reducing salons, fitness studios, and yoga or martial arts studios. X. Personal Services. Provision of recurrently needed services of a personal nature. This classification includes barber and beauty shops, permanent and semi-permanent makeup such as microblading, nonsurgical medspas such as laser hair removal, eyelash extensions, injectables, coolsculpting, etc., seamstresses, tailors, shoe repair shops, dry-cleaning businesses ( excluding large-scale bulk cleaning plants), photo-copying, self-service laundries, and massage as regulated by Chapter 5.24. Y. Research and Development Services. Establishments primarily engaged in industrial or scientific research, including limited product testing. This classification includes electron research films or phaimaceutical research laboratories, but excludes manufacturing, except of prototypes, or medical testing and analysis. Z. Retail Sales. The retail sale of merchandise not specifically listed under another use classification. This classification includes depaiiment stores, drug stores, clothing stores, and furniture stores, and businesses retailing the following goods: toys, hobby materials, handcrafted items, jewehy, cameras, photographic supplies, medical supplies and equipment, electronic equipment, records, sporting goods, surfing boards and equipment, kitchen utensils, hardware, appliances, antiques, mi supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories ( excluding service and installation), and smoke or tobacco shops as regulated by Section 230.54. AA. Secondhand Appliances and Clothing Sales. The retail sale of used appliances and clothing by secondhand dealers who are subject to Chapter 5 .36. This classification excludes antique shops primarily engaged in the sale of used furniture and accessories other than appliances, but includes junk shops. 25-15852/372222 4 ORDINANCE NO. 4331 BB. Sex-Oriented Businesses. Establishments as regulated by Chapter 5.70; and figure model studios as regulated by Chapter 5.60. CC. Swap Meets, Indoor/Flea Markets. An occasional, periodic or regularly scheduled market held within a building where groups of individual vendors offer goods for sale to the public. DD. Swap Meets, Recurring. Retail sale or exchange of handcrafted or secondhand merchandise for a maximum period of 32 consecutive hours, conducted by a sponsor on a more than twice yearly basis. EE. Tattoo Establishment. Premises used for the business of marking or coloring the skin with tattoos as regulated by Chapter 8. 70. FF. Travel Services. Establishments providing travel information and reservations to individuals and businesses. This classification excludes car rental agencies. GG. Vehicle/Equipment Sales and Services. 1. Automobile Rentals. Rental of automobiles, including storage and incidental maintenance, but excluding maintenance requiring pneumatic lifts. 2. Automobile Washing. Washing, waxing, or cleaning of automobiles or similar light vehicles. 3. Commercial Parking Facility. Lots offering short-term or long-term parking to the public for a fee. 4. Service Stations. Establislunents engaged in the retail sale of gas, diesel fuel, lubricants, parts, and accessories. This classification includes incidental maintenance and minor repair of motor vehicles, but excluding body and fender work or major repair of automobiles, motorcycles, light and heavy trucks or other vehicles. 5. Vehicle/Equipment Repair. Repair of automobiles, trucks, motorcycles, mobile homes, recreational vehicles, or boats, including the sale, installation, and servicing of related equipment and parts. This classification includes auto repair shops, body and fender shops, transmission shops, wheel and brake shops, and tire sales and installation, but excludes vehicle dismantling or salvage and tire retreading or recapping. Limited. Light repair and sale of goods and services for vehicles, including brakes, muffler, tire shops, oil and lube, and accessory uses, but excluding body and fender shops, upholstery, painting, and rebuilding or reconditioning of vehicles. 25-I 5852/372222 5 ORDINANCE NO. 4331 6. Vehicle/Equipment Sales and Rentals. Sale or rental of automobiles, motorcycles, trucks, tractors, construction or agricultural equipment, manufactured homes, boats, and similar equipment, including storage and incidental maintenance. 7. Offices for Vehicle Retail Sales/Wholesale. This classification includes businesses with the primary building use of office for vehicle retail sales and wholesale businesses which may display the maximum number of vehicles at any given time as required by the California Department of Motor Vehicles. 8. Vehicle Storage, Impound Yards. The business of storing or safekeeping of operative and inoperative vehicles that have been towed, for periods of time greater than a 24-hour period, but not including vehicle repair or dismantling. 9. Vehicle Storage, Off-Site Auto Sales. The business of storing or safekeeping new or used automobiles, intended for off-site sale, for periods of time greater than a 24-hour period, but not including vehicle repair or dismantling. This classification only includes storage for vehicle sales businesses located within the City of Huntington Beach. 10. Vehicle Storage, Recreational Vehicles. The business of storing or safekeeping of operative and inoperative boats, trailers, campers, or other recreational vehicles for periods of time greater than a 24-hour period, but not including vehicle repair or dismantling. HH. Visitor Accommodations. 1. Bed and Breakfast Inns. Establishments offering lodging on a less than weekly basis in a converted single-family or multi-family dwelling or a building of residential design, with incidental eating and drinking service for lodgers only provided from a single kitchen. 2. Hotels and Motels. Establishments offering lodging on a weekly or less than weekly basis. Motels may have kitchens in no more than 25% of guest units, and "suite" hotels may have kitchens in all units. This classification includes eating, drinking, and banquet service associated with the facility. 3. Condominium-Hotel. Facility providing overnight visitor accommodations where ownership ofat least some of the individual guestrooms (units) within the larger building or complex is in the f01m of separate condominium ownership interests, as defined in California Civil Code Section 1351(f). The primary function of the Condominium-Hotel is to provide overnight transient visitor accommodations within every unit that is available to the general public on a daily basis year- round, while providing both general public availability and limited owner occupancy of those units that are in the form of separate condominium ownership interests. 25-15852/372222 6 ORDfNANCE NO. 433 1 4. Fractional Ownership Hotel. Facility providing overnight visitor accommodations where at least some of the guestrooms (units) within the facility are owned separately by multiple owners on a fractional time basis. A fractional time basis means that an owner receives exclusive right to use of the individual unit for a certain quantity of days per year and each unit availabl e for fractional ownership will h ave multiple owners. II. Warehouse and Sales Outlets. Businesses which store large inventories of goods in industrial-style buildings where these goods are not produced on the site but are offered to the public for sale. JJ. Quasi Residential. 1. Residential Hotels. Buildings with six or more guest rooms without kitchen facilities in individual rooms , or kitchen facilities for the exclusive use of guests, and which are intended for occupancy on a weekly or monthly basis. 2. Single Room Occupancy. Buildings designed as a residential hotel consisting of a cluster of guest units providing sleeping and living facilities in which sanitary facilities and cooking facilities are provided within each unit; tenancies are weekly or monthly. 3. Timeshare. Any arrangement, plan, or similar program, other than an exchange program, whereby a purchaser receives ownership rights in or the right to use accommodations for a period of time less than a full year dming any given year, on a recurring basis for more than one year, but not necessarily for consecutive years. SECTION 2. All other provisions of Chapter 204 not modified herein shall remain in full force and effect. SECTION 3. This ordinance shall become effective immediately 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the __ day of _______ ., 2025. Mayor ATTEST: City Clerk 25-15852/372222 7 ORDINANCE NO. 4331 REVIEWED AND APPROVED: INITIATED AND APPROVED : City Manager D(ii!r :l!!!:;: Development 25-15 852/3 72222 8 LEGISLATIVE DRAFT HBZC CHAPTER 204 Chapter 204 204.10 Commercial Use Classifications A. Ambulance Services. Provision of emergency medical care or transportation, including incidental storage and maintenance of vehicles as regulated by Chapter 5.20. B. Animal Sales and Services. 1. Animal Boarding. Provision of shelter and care for small animals on a commercial basis. This classification includes activities such as feeding, exercising, grooming, and incidental medical care, and kennels. 2. Animal Grooming. Provision of bathing and trimming services for small animals on a commercial basis. This classification includes boarding for a maximum period of 48 hours. 3. Animal Hospitals. Establishments where small animals receive medical and surgical treatment. This classification includes only facilities that are entirely enclosed, soundproofed, and air-conditioned. Grooming and temporary (maximum 30 days) boarding of animals are included, if incidental to the hospital use. 4. Animals, Retail Sales. Retail sales and boarding of small animals, provided such activities take place within an entirely enclosed building. This classification includes grooming, if incidental to the retail use, and boarding of animals not offered for sale for a maximum period of 48 hours. 5. Equestrian Centers. Establishments offering facilities for instruction in horseback riding, including rings, stables, and exercise areas. 6. Pet Cemetery. Land used or intended to be used for the burial of animals, ashes or remains of dead animals, including placement or erection of markers, headstones or monuments over such places of burial. C. Artists' Studios. Work space for artists and artisans, including individuals practicing one of the fine arts or performing arts, or skilled in an applied art or craft. D. Banks and Savings and Loans. Financial institutions that provide retail banking services to individuals and businesses. This classification includes only those institutions engaged in the on-site circulation of cash money. It also includes businesses offering check- cashing facilities . With Drive-up Service. Institutions providing services accessible to persons who remain in their automobiles. E. Building Materials and Services. Retailing, who lesaling, or rental of building supplies or equipment. This classification includes lumber yards, tool and equipment sales or rental establishments, and building contractors' yards, but excludes establishments devoted exclusively to retail sales of paint and hardware, and activities classified under Vehicle/Equipment Sales and Services. F. Catering Services. Preparation and delivery of food and beverages for off-site consumption without provision for on-site pickup or consumption. (See also Eating and Drinking Establishments.) G. Commercial Filming. Commercial motion picture or video photography at the same location more than six days per quarter of a calendar year. (See also Chapter 5.54, Commercial Photography.) H. Commercial Recreation and Entertainment. Provision of participant or spectator recreation or entertainment. This classification includes theaters, sports stadiums and arenas, amusement parks, bowling alleys, billiard parlors and poolrooms as regulated by Chapter 9.32; dance halls as regulated by Chapter 5.28; ice/roller skating rinks, golf courses, miniature golf courses, scale-model courses, shooting galleries, tennis/racquetball comis, health/fitness clubs, pinball arcades or electronic games centers, cyber cafe having more than four coin-operated game machines; card rooms as regulated by Chapter 9.24; and fortune telling as regulated by Chapter 5. 72. Limited. Indoor movie theaters, game centers and performing arts theaters and health/fitness clubs occupying less than 2,500 square feet. I. Communications Facilities. Broadcasting, recording, and other communication services accomplished through electronic or telephonic mechanisms, but excluding Utilities (Major). This classification includes radio, television, or recording studios; telephone switching centers; telegraph offices; and wireless communication facilities. J. Eating and Drinking Establishments. Businesses serving prepared food or beverages for consumption on or off the premises. 1. With Fast-Food or Take-Out Service. Establishments where patrons order and pay for their food at a counter or window before it is consumed and may either pick up or be served such food at a table or take it off-site for consumption. a. Drive-through. Service from a building to persons in vehicles through an outdoor service window. b. Limited. Establishments that do not serve persons in vehicles or at a table. 2. With Live Entertainment/Dancing. An eating or drinking establishment where dancing and/or live entertainment is allowed. This classification includes nightclubs subject to the requirements of Chapter 5.44 of the Municipal Code. K. Food and Beverage Sales. Retail sales of food and beverages for off-site preparation and consumption. Typical uses include groceries, liquor stores, or delicatessens. Establishments at which 20% or more of the transactions are sales of prepared food for on-site or take-out consumption shall be classified as Catering Services or Eating and Drinking Establishments. With Alcoholic Beverage Sales. Establishments where more than 10% of the floor area is devoted to sales, display and storage of alcoholic beverages. L. Food Processing. Establishments primarily engaged in the manufacturing or processing of food or beverages for human consumption and wholesale distribution. M. Funeral and Interment Services. Establishments primarily engaged in the provision of services involving the care, preparation or disposition of human dead other than in cemeteries. Typical uses include crematories, columbariums, mausoleums or mortuaries. N. Horticulture. The raising of fruits, vegetables, flowers, trees, and shrubs as a commercial enterprise. 0. Laboratories. Establishments providing medical or dental laboratory services; or establishments with less than 2,000 square feet providing photographic, analytical, or testing services. Other laboratories are classified as Limited Industry. P. Maintenance and Repair Services. Establishments providing appliance repair, office machine repair, or building maintenance services. This classification excludes maintenance and repair of vehicles or boats; see (Vehicle/Equipment Repair). Q. Marine Sales and Services. Establishments providing supplies and equipment for shipping or related services or pleasure boating. Typical uses include chandleries, yacht brokerage and sales, boat yards, boat docks, and sail-making lofts. R. (Reserved) S. Nurseries. Establishments in which all merchandise other than plants is kept within an enclosed building or a fully screened enclosure, and fertilizer of any type is stored and sold in package form only. T. Offices, Business and Professional. Offices of films or organizations providing professional, executive, management, or administrative services, such as architectural, engineering, graphic design, interior design, real estate, insurance, investment, legal, and veterinary offices. This classification includes medical/dental laboratories incidental to an office use, but excludes banks and savings and loan associations. U. Offices, Medical and Dental. A business which is primarily engaged in providing services for health maintenance, diagnosis or treatment of human disease, pain, injury, physical or mental condition, including, but not limited to, offices of acupuncturists, chiropractors, dentists, optometrists, physicians, podiatrists, dermatologists, psychiatrists, psychologists and physical therapists. V. Pawn Shops. Establishments engaged in the buying or selling of new or secondhand merchandise and offering loans secured by personal property and subject to Chapter 5.36 of the Municipal Code. W. Personal Enrichment Services. Provision of instructional services or facilities, including photography, fine arts, crafts, dance or music studios, driving schools, business and trade schools, and diet centers, reducing salons, fitness studios, and yoga or martial arts studios. X. Personal Services. Provision of recurrently needed services of a personal nature. This classification includes barber and beauty shops, permanent and semi-permanent makeup such as micro blading, nonsurgical medspas such as laser hair removal, eyelash extensions, injectables, coolsculpting, etc., seamstresses, tailors, shoe repair shops, dry-cleaning businesses ( excluding large-scale bulk cleaning plants), photo-copying, self-service laundries, and massage as regulated by Chapter 5.24. Y. Research and Development Services. Establishments primarily engaged in industrial or scientific research, including limited product testing. This classification includes electron research firms or pharmaceutical research laboratories, but excludes manufacturing, except of prototypes, or medical testing and analysis. Z. Retail Sales. The retail sale of merchandise not specifically listed under another use classification. This classification includes department stores, drug stores, clothing stores, and furniture stores, and businesses retailing the following goods: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies, medical supplies and equipment, electronic equipment, records, sporting goods, surfing boards and equipment, kitchen utensils, hardware, appliances, antiques, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories ( excluding service and installationh smoke or tobacco shops as regulated by Section 230.54. AA. Secondhand Appliances and Clothing Sales. The retail sale of used appliances and clothing by secondhand dealers who are subject to Chapter 5.36. This classification excludes antique shops primarily engaged in the sale of used furniture and accessories other than appliances, but includes junk shops. BB. Sex-Oriented Businesses. Establislnnents as regulated by Chapter 5.70; and figure model studios as regulated by Chapter 5.60. CC. Swap Meets, Indoor/Flea Markets. An occasional, periodic or regularly scheduled market held within a building where groups of individual vendors offer goods for sale to the public. DD. Swap Meets, Recurring. Retail sale or exchange of handcrafted or secondhand merchandise for a maximum period of 32 consecutive hours, conducted by a sponsor on a more than twice yearly basis. EE. Tattoo Establishment. Premises used for the business of marking or coloring the skin with tattoos as regulated by Chapter 8.70. FF. Travel Services. Establislnnents providing travel info1mation and reservations to individuals and businesses. This classification excludes car rental agencies. GG. Vehicle/Equipment Sales and Services. 1. Automobile Rentals. Rental of automobiles, including storage and incidental maintenance, but excluding maintenance requiring pneumatic lifts. 2. Automobile Washing. Washing, waxing, or cleaning of automobiles or similar light vehicles. 3. Commercial Parking Facility. Lots offering short-term or long-te,m parking to the public for a fee. 4. Service Stations. Establishments engaged in the retail sale of gas, diesel fuel, lubricants, paiis, and accessories. This classification includes incidental maintenance and minor repair of motor vehicles, but excluding body and fender work or major repair of automobiles, motorcycles, light and heavy trucks or other vehicles. 5. Vehicle/Equipment Repair. Repair of automobiles, trucks, motorcycles, mobile homes, recreational vehicles, or boats, including the sale, installation, and servicing of related equipment and parts. This classification includes auto repair shops, body and fender shops, transmission shops, wheel and brake shops, and tire sales and installation, but excludes vehicle dismantling or salvage and tire retreading or recapping. Limited. Light repair and sale of goods and services for vehicles, including brakes, muffler, tire shops, oil and lube, and accessory uses, but excluding body and fender shops, upholstery, painting, and rebuilding or reconditioning of vehicles. 6. Vehicle/Equipment Sales and Rentals. Sale or rental of automobiles, motorcycles, trucks, tractors, construction or agricultural equipment, manufactured homes, boats, and similar equipment, including storage and incidental maintenance. 7. Offices for Vehicle Retail Sales/Wholesale. This classification includes businesses with the primaiy building use of office for vehicle retail sales and wholesale businesses which may display the maximum number of vehicles at any given time as required by the California Department of Motor Vehicles. 8. Vehicle Storage, Impound Yards. The business of storing or safekeeping of operative and inoperative vehicles that have been towed, for periods of time greater than a 24-hour period, but not including vehicle repair or dismantling. 9. Vehicle Storage, Off-Site Auto Sales. The business of storing or safekeeping new or used automobiles, intended for off-site sale, for periods of time greater than a 24-hour period, but not including vehicle repair or dismantling. This classification only includes storage for vehicle sales businesses located within the City of Huntington Beach. 10. Vehicle Storage, Recreational Vehicles. The business of storing or safekeeping of operative and inoperative boats, trailers, campers, or other recreational vehicles for periods of time greater than a 24-hour period, but not including vehicle repair or dismantling. HH. Visitor Accommodations. 1. Bed and Breakfast Inns. Establishments offering lodging on a less than weekly basis in a converted single-family or multi-family dwelling or a building of residential design, with incidental eating and drinking service for lodgers only provided from a single kitchen. 2. Hotels and Motels. Establishments offering lodging on a weekly or less than weekly basis. Motels may have kitchens in no more than 25% of guest units, and "suite" hotels may have kitchens in all units. This classification includes eating, drinking, and banquet service associated with the facility. 3. Condominium-Hotel. Facility providing overnight visitor accommodations where ownership ofat least some of the individual guestrooms (units) within the larger building or complex is in the fonn of separate condominium ownership interests, as defined in California Civil Code Section 1351(±). The primary function of the Condominium-Hotel is to provide overnight transient visitor accommodations within every unit that is available to the general public on a daily basis year- round, while providing both general public availability and limited owner occupancy of those units that are in the form of separate condominium ownership interests. 4. Fractional Ownership Hotel. Facility providing overnight visitor accommodations where at least some of the guestrooms (units) within the facility are owned separately by multiple owners on a fractional time basis. A fractional time basis means that an owner receives exclusive right to use of the individual unit for a certain quantity of days per year and each unit available for fractional ownership will have multiple owners. II. Warehouse and Sales Outlets. Businesses which store large inventories of goods in industrial-style buildings where these goods are not produced on the site but are offered to the public for sale. JJ. Quasi Residential. 1. Residential Hotels. Buildings with six or more guest rooms without kitchen facilities in individual rooms, or kitchen facilities for the exclusive use of guests, and which are intended for occupancy on a weekly or monthly basis. 2. Single Room Occupancy. Buildings designed as a residential hotel consisting of a cluster of guest units providing sleeping and living facilities in which sanitary facilities and cooking facilities are provided within each unit; tenancies are weekly or monthly. 3. Timeshare. Any mTangement, plan, or similar program, other than an exchange program, whereby a purchaser receives ownership rights in or the right to use accommodations for a period of time less than a full year during any given year, on a recmTing basis for more than one year, but not necessarily for consecutive years. ORDINANCE NO. 4334 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 211 C COMMERCIAL DISTRICTS OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE (ZONING TEXT AMENDMENT NO. 25-001) WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 25-001, which amends Chapter 211 of the Huntington Beach Zoning and Subdivision Ordinance After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Chapter 211 of the Huntington Beach Zoning Code is hereby amended to read as follows: 211.04 CO, CG, and CV Districts -Land Use Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in commercial districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" that follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit. "P/U" for an accessory use means that the use is permitted on the site of a pennitted use, but requires a conditional use permit on the site of a conditional use. "Neighborhood Notification" designates use classifications that require an Administrative Permit by the Director. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere 25-15852/368549 ORDINANCE NO. 4334 in the Zoning Ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. CO, CG, and CV Districts: Land Use Controls P = Permitted L = Limited (see Additional Provisions) PC = Conditional use permit approved by Planning Commission ZA = Conditional use permit approved by Zoning Administrator TU = Temporary use permit P/U = Requires conditional use permit on site of conditional use -= Not Permitted co Residential Group Residential PC Multifamilv Residential - Public and Semipublic Clubs and Lodees p Communitv and Human Services Drug Abuse Centers - Primarv Health Care L-11 Emergency Kitchens - Emergency Shelters - Residential Alcohol Recoverv, General - Residential Care, General ZA Convalescent Facilities ZA Cultural Institutions L-14 Dav Care, General L-3 Dav Care, Large-Family p Emereencv Health Care L-2 Government Offices p Heliports PC Hosoitals PC Park & Recreation Facilities L-9 Public Safety Facilities ZA Relieious Assemblv ZA Schools, Public or Private PC Utilities, Major PC Utilities, Minor p Commercial Uses Ambulance Services - Animal Sales & Services 25-15852/368549 2 CG CV PC PC -PC p - PC - L-11 - L-2 - L-2 - PC - ZA - ZA - L-14 L-14 L-3 - p - L-2 - p ZA PC PC PC - L-9 L-9 ZA ZA ZA PC PC - PC PC p p ZA - L-16 Additional Provisions (J)(OlfR)(V) (J)(Q)(R)(V) (Y) (B) (L) (J)(Q)(R) ORDINANCE NO. 4334 co CG CV Additional Provisions Animal Boarding -ZA - Animal Grooming -p - Animal Hospitals -ZA - Animals-Retail Sales -p - Eauestrian Centers (CG Zone) -PC -/S) Pet Cemetery -PC - Artists' Studios p p p Banks and Savings & Loans p p p With Drive-Up Service p p p Building Materials and Services -p - Caterine: Services p p p Commercial Filming p p p (F) Commercial Recreation and Entertainment -PC PC (D) Communication Facilities L-13 L-13 L-13 Eating and Drinking Establishments p p p W/Alcohol ZA ZA ZA (N) W /Drive Through -p p W/Live Entertainment ZA ZA ZA (W)(Y) W/Dancine PC PC PC (H) W/Outdoor Dining ZA ZA ZA /X) Food & Beverage Sales -p L-12 W / Alcoholic Beverage Sales -ZA ZA (N) Funeral & Intennent Services -ZA - Laboratories L-1 L-1 - Maintenance & Renair Services -p - Marine Sales and Services -p p Nurseries -ZA - Offices, Business & Professional p p p Offices, Medical & Dental p p p Pawn Shoos -ZA - Personal Enrichment Services L-10 L-10 - Personal Services p p p Research & Development Services L-1 ZA - Retail Sales -p p (U)(V)(DD) Secondhand Annliances/Clothine -p - Swan Meets, Indoor/Flea Markets -PC -(Tl Swap Meets, Recun-ing -ZA - Tattoo Establishments -ZA - Travel Services p p p Vehicle Equipment/Sales & Services Automobile Rentals -L-8 L-8 L-12 Automobile Washing -ZA - Commercial Parking -ZA ZA (P) Service Stations -PC PC (E) Vehicle Eauio. Repair -L-5 - Vehicle Equip. Sales & Rentals ZA ZA -L-12 Vehicle Storaee, Imoound Yards -PC -!AA\ Vehicle Storage, Off-Site Auto Dealers -P/ZA -L-17 /BB) Vehicle Stora2:e, Recreational Vehicles -ZA -(CC) Offices for Vehicle Eauio. Sales & Rentals L-15 L-15 - 25-15852/368549 3 ORDINANCE NO. 4334 co CG CV Additional Provisions Visitor Accommodations Bed & Breakfast Inns ZA ZA ZA (K) Hotels, Motels -PC PC (I) Condominium-Hotel --PC (Z) Fractional Ownership Hotel Ouasi Residential Timeshares -PC -(l)(J) Residential Hotel -PC -(J) Single Room Occupancy -PC - Industrial (J)(Q)(R)(V) Industrv, Custom -L-6 L-6 Accessory Uses (J)(V) Accessory Uses & Structures P/U P/U P/U Temporary Uses (F)(J)(V) Animal Shows -TU - Circus and Carnivals and Festivals -TU - Commercial Fihning, Limited -p p (M) Real Estate Sales p p p Retail Sales, Outdoor -TU TU (M) Seasonal Sales TU TU TU (M) Tent Event -p - Trade Fairs -p - Nonconformin2 Uses (G)(J)(V) 211.05. CO, CG, and CV Districts: Additional Provisions. L-1 Permitted if the space is 5,000 square feet or less; allowed with Neighborhood Notification pursuant to Chapter 241 if the laboratory space exceeds 5,000 square feet. L-2 Allowed with a conditional use permit from the Zoning Administrator if the space is 5,000 square feet or less; allowed with a conditional use permit from the Planning Commission if the space exceeds 5,000 square feet. (See Section 230.52, Emergency Shelters.) L-3 Allowed with a conditional use permit from the Zoning Administrator if the space is 2,500 square feet or less; allowed with a conditional use permit from the Planning Commission if the space exceeds 2,500 square feet. L-4 Reserved. L--5 Only limited facilities are allowed subject to approval of a conditional use pe1mit from the Zoning Administrator, and body and fender shops are permitted only as part of a comprehensive automobile service complex operated by a new vehicle dealer. 25-15852/368549 4 ORDINANCE NO. 4334 L-6 Only "small-scale" facilities, as described in use classifications, are permitted with a maximum seven persons employed full time in processing or treating retail products, limited to those sold on the premises. L-7 Repealed. L-8 On-site storage limited to two rental cars or two cars for lease. L-9 Public facilities permitted, but a conditional use permit from the Zoning Administrator is required for commercial facilities. L-10 Permitted if the space is 5,000 square feet or less; allowed with Administrative Permit approval if space exceeds 5,000 square feet. In addition, personal enrichment uses within a retail building parked at a ratio of one space per 200square feet, sball require no additional parking provided the use complies with the following: • Maximum number of persons per classroom does not exceed the number of parking spaces allocated to the suite based upon the square footage of the building; and The instruction area does not exceed 75% of total floor area of the personal enrichment building area. L-11 Permitted if the space is 5,000 square feet or less; allowed with a conditional use permit from the Zoning Administrator if the space exceeds 5,000 square feet. L-12 Permitted for existing facilities proposing to expand up to 20% of existing floor area or display area. L-13 For wireless communication facilities see Section 230.96, Wireless Communication Facilities. All other communication facilities permitted. L-14 Allowed with Neighborhood Notification pursuant to Chapter 241 if space is 5,000 square feet or less; allowed with a conditional use permit from the Planning Commission if the space exceeds 5,000 square feet. L-15 Includes businesses with the primary building use of office for vehicle retail sales and wholesale businesses which may display the maximum number of vehicles at any given time as required by the California Department of Motor Vehicles. L-16 No person shall keep or maintain upon premises owned or controlled by him or her in the City, any ke1mel within 200 feet of any residential use. Refer to HBMC Section 7.12.150 - Kennels. L-17 Permitted pursuant to an Administrative Permit if the property is 300 feet or more from a parcel used or zoned for residential development. Permitted pursuant to a conditional use permit from the Zoning Administrator if less than 300 feet from a parcel used or zoned for residential development. A. Reserved. 25-15852/368549 5 ORDINANCE NO. 4334 B. See Section 230.40, Helicopter Takeoff and Landing Areas. C. Repealed. D. See Section 230.38, Game Centers; Chapter 5.28, Dance Halls; Chapter 9.24, Gambling Chapter 9.32, Pool and Billiard Halls. E. See Section 230.32, Service Stations. F. See Section 241.20, Tempora1y Use Permits. G. See Chapter 236, Nonconforming Uses and Structures. H. For teen dancing facilities, bicycle racks or a special bicycle parking area shall be provided. These may not obstruct either the public sidewalk or the building entry. See also Chapter 5.28, Dance Halls; Chapter 5.44, Ente1iainment Permits; and Chapter 5. 70, Sex-Oriented Businesses. I. Only permitted on a major arterial street, and a passive or aetive outdoor recreational amenity shall be provided. J. In the CV District the entire ground floor area and at least one-third of the total floor area shall be devoted to visitor-oriented uses as described in the certified Local Coastal Program Land Use Plan. Any use other than visitor serving commercial shall be located above the ground level, and a conditional use permit from the Planning Commission or the Zoning Administrator is required. Any use other than visitor serving commercial uses shall only be permitted if visitor serving uses are either provided prior to the other use or assured by deed restriction as part of the development. No office or residential uses shall be permitted in any visitor serving designation seaward of Pacific Coast Highway. K. See Section 230.42, Bed and Breakfast Inns. L. Collection containers are permitted in all commercial districts; recycling facilities as an access01y use to a permitted use shall be permitted upon approval by the Director with Neighborhood Notification pursuant to Chapter 241. See Section 230.44, Recycling Operations. M. Subject to approval by the Police Department, Public Works Department, Fire Department and the Director. See also Section 230.86, Seasonal Sales. N. The following businesses proposing to sell alcoholic beverages for on-site or off-site consumption are exempt from the conditional use permit process: 1. Retail markets with no more than 10% of the floor area devoted to sales, display, and storage of alcoholic beverages provided the sale of alcoholic beverages is not in conjunction with the sale of gasoline or other motor vehicle fuel. 2. Restaurants, bars, and liquor stores located 300 feet or more from any R or PS district, public or private school, church, or public use. 25-l 5852/368549 6 ORDINANCE NO. 4334 3. Florist shops offering the sale of a bottle of an alcoholic beverage together with a floral arrangement. 0. See Section 230.46, Single Room Occupancy. P. See Chapter 231 for temporary and seasonal parking. Q. Development of vacant land or additions of I 0,000 square feet or more in floor area; or additions equal to or greater than 50% of the existing building's floor area; or additions to buildings on sites located within 300 feet of a residential zone or use for a permitted use requires approval of a conditional use permit from the Zoning Administrator. The Conmmnity Development Director may refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to impact residents or tenants in the vicinity (e.g., increased noise, traffic). R. Projects within 500 feet of a PS District; see Chapter 244. S. See Section 230.48, Equestrian Centers. T. See Section 230.50, Indoor Swap Meets/Flea Markets. U. See Section 230.94, Carts and Kiosks. V. In the coastal zone, the preferred retail sales uses are those identified in the visitor serving commercial land use designation which provide oppmiunities for visitor-oriented commercial activities including specialty and beach related retail shops, restaurants, hotels, motels, theaters, museums, and related services. W. Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be permitted without a conditional use permit. X. Outdoor dining with alcohol sales shall be permitted with a conditional use permit from the Zoning Administrator. Outdoor dining without alcohol sales that is 400 square feet or less shall be pe1mitted without a conditional use permit. If over 400 square feet with no alcohol sales, Neighborhood Notification shall be required pursuant to Chapter 241. Y. Neighborhood Notification requirements pursuant to Chapter 241. Z. In the CV District, condominium-hotels and/or fractional interest hotels are allowed only at the Pacific City (Downtown Specific Plan District 7) and Waterfront (Downtown Specific Plan District 9) sites. Refer to Downtown Specific Plan. AA. Storage areas shall be screened from view on all sides by a solid wall made of either block, masonry, wood, vinyl or other similar material. The wall shall not be less than six feet in height and set back a minimum IO feet from abutting streets with the entire setback area permanently landscaped and maintained. BB. Storage areas shall be screened from view on all sides adjacent to a public right-of-way by a solid wall made of either brick, block, masonry, wood, vinyl or other similar 25-15852/36°8549 7 ORDINANCE NO. 4334 material. The wall shall include a minimum ten foot return on all sides. The wall shall not be less than six feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently landscaped and maintained. CC. Storage areas shall be screened from view on all sides adjacent to a public right-of-way by a solid wall made of either block, masonry, wood, vinyl or other similar material. The wall shall include a minimum 10-foot return on all sides. The wall shall not be less than six feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently landscaped and maintained. Screening on the remaining sides shall be evaluated based on proposed site conditions as determined during the entitlement process. DD. See Section 230.54, Smoke or Tobacco Shops. SECTION 2. All other provisions of this Chapter 211 not modified herein shall remain in full force and effect. SECTION 3. This ordinance shall become effective immediately 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the __ day of _______ , 2025. Mayor ATTEST: AP~ROVED AS TO FORM: ·\k lk City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Manager 25-15852/368549 8 LEGISLATIVE DRAFT HBZC CHAPTER 211 Chapter 211 211.04 CO, CG, and CV Districts -Land Use Controls In the following schedules, letter designations are used as follows: "P " designates use classifications permitted in the Industrial Districts . "L" desi gnates use classifications subject to certain limitations prescribed by the "Additional Provisions" which follow. "PC" designates use classifications permitted on approval of a conditional use pe1mit by the Planning Commission. "ZA'' designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use pe1mit b y the Zoning Administrator. "P/U" for an accessory u se means that the use is permitted on the site of a permitted u se, but requires a conditional use permit on the site of a conditional use. "Neighborhood Notification" refers to use classifications that require an Administrative Pe1mit by the Director. Use class ifications that are not lis ted are prohibited. Letters in parentheses in the "Additional Provisions" column refer to requirements following the schedule or located elsewhere in this zoning code. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. IG, IL, and RT Districts: Land Use Controls P = Pe1mitted L = Limited (see Additional Provisions) PC = Conditional use permit approved by Planning Commission ZA = Conditional use pe1mit approved by Zoning Administrator TU = Temporary use p ermit P/U = Requires conditional use permit on site of conditional use -= Not Permitted co CG CV Additional Provisions Residential (J)(Q)(R)(VJ Groun Residential PC PC PC Multifamilv Residential --PC Public and Seminublic (J)(QliR1(VJ Clubs and Lodoes p p - Communitv and Human Services Drug Abuse Centers -PC - Primarn Health Care L-11 L-11 - Emeroencv Kitchens -L-2 - Ememencv Shelters -L-2 - Residential Alcohol Recoverv, General -PC - Residential Care, General ZA ZA - Conva1escent Facilities ZA ZA - Cultural Institutions L-14 L-14 L-14 Dav Care, General L-3 L-3 - Dav Care, Laroe-Familv p p -(YJ Ememencv Health Care L-2 L-2 - Government Offices p p ZA Helinorts PC PC PC (BJ Hosoitals PC PC - Park & Recreation Facilities L-9 L-9 L-9 Public Safetv Facilities ZA ZA ZA Religious Assemblv ZA ZA PC Schools, Public or Private PC PC - Utilities, Maior PC PC PC Utilities, Minor p p p (L) Commercial Uses (Jl(QJ(RJ Ambulance Services -ZA - Animal Sales & Services L-16 Animal Boardino -ZA - Animal Groomirn! -p - Animal Hosoitals -ZA - Animals-Retail Sales -p - Eauestrian Centers /CG Zone) -PC -(Sl Pet Cemeterv -PC - Artists' Studios p p p Banks and Savinos & Loans . p p p With Drive-Un Service p p p Buildino Materials and Services -p - CaterinP-Services p p p Commercial Filming p p p /F) Commercial Recreation and Entertainment -PC PC (DJ Communication Facilities L-13 L-13 L-13 Eating and Drinking Establishments p p p W/Alcohol ZA ZA ZA fl\[) W/Drive Thrauoh -p p W /Live Entertainment ZA ZA ZA /Wl(YJ W/Dancine PC PC PC /H) co CG CV Additional Provisions W /Outdoor Dining ZA ZA ZA (X) Food & Beverage Sales -p L-12 W/Alcoholic Beverage Sales -ZA ZA /N) Funeral & Interment Services -ZA - Laboratories L-1 L-1 - Maintenance & Reoair Services -p - Marine Sales and Services -p p Nurseries -ZA - Offices, Business & Professional p p p Offices, Medical & Dental p p p Pawn Shops -ZA - Personal Enrichment Services L-10 L-10 - Personal Services p p p Research & Development Services L-1 ZA - Retail Sales -p p (U)(V)/DD) Secondhand Annliances/Clothing -p - Swap Meets, Indoor/Flea Markets -PC -(T) Swan Meets, Recunini::?: -ZA - Tattoo Establishments -ZA - Travel Services p p p Vehicle Eauioment/Sales & Services Automobile Rentals -L-8 L-8 L-12 Automobile Washing -ZA - Commercial Parking -ZA ZA (P) Service Stations -PC PC IE) Vehicle Equip. Repair -L-5 - Vehicle Eauio. Sales & Rentals ZA ZA -L-12 Vehicle Storage, Imoound Yards -PC -/AA) Vehicle Storage, Off-Site Auto Dealers -P/ZA -L-17 (BB) Vehicle Storage, Recreational Vehicles -ZA -(CC) Offices for Vehicle Eauio. Sales & Rentals L-15 L-15 - Visitor Accommodations Bed & Breakfast Inns ZA ZA ZA (K) Hotels, Motels -PC PC (I) Condominium-Hotel --PC /Z) Fractional Ownership Hotel Quasi Residential Timeshares -PC -(l)(J) Residential Hotel -PC -(J) Single Room Occuoancv -PC - Industrial (Jl(Q)(R)(V) lndustrv, Custom -L-6 L-6 Accessory Uses (J)(V) Accessorv Uses & Structures P/U P/U P/U Temporary Uses (F)(J)(V) Animal Shows -TU - Circus and Carnivals and Festivals -TU - co CG CV Additional Prov isions Commercial Filming, Limited -p p (M) Real Estate Sa les p p p Retail Sales, Outdoor -TU TU (M) Seasonal Sale s TU TU TU (M) Tent Event -p - Trade Fairs -p - No nconforming Uses (G)(J)(V) 211.05 CO, CG, and CV Districts -Additional Provision L-1 Permitted if the sp ace is 5,000 square feet or less; allowed w ith Neighborhood Notification pursuant to Chapter 241 if the laboratory space exceeds 5,000 square feet. L-2 Allowed with a conditiona l use permit from the Zoning Administrator if the space is 5,000 square feet o r l ess; a llowed with a conditional use permit from the Planning Commission if the space exceeds 5,000 square feet. (See Section 230.52, Emergency Shelters.) L-3 Allowed with a conditional use permit from the Zoning Administrator if the space is 2,500 square feet or less; allowed with a conditional use permit from the Planning Commission if th e space exceed s 2,500 square feet. L-4 Reserved. L-5 Only limited facilities are allowed subj ect to approval of a conditional u se permit from the Zoning Administrator, and body and fender shops are pe1mitted only as pait of a comprehensive automobile serv ice complex operated by a new vehicle dealer. L-6 Only "small-scale" facilities, as described in use classifications, ai·e permitted with a maximum seven persons employed full time in processing or treating retail products, limited to those s old on the premises. L-7 Repealed. L-8 On-site storage limited to two rental cai·s or two cars for lease. L-9 Public facilities p ermitted, but a conditional use pe1mit from the Zoning Admini strator is required fo r commercial facilities. L-10 Pe1mitted if the space is 5,000 s quai·e feet or less; allowed w ith Administrative Permit approval if space exceeds 5,000 square feet. In addition, personal enrichment uses within a retail building parked at a ratio of one space per 200squai·e feet , shall require no additional pai·king provided the use compl ies w ith the following: • Maximum number of persons per classroom does not exceed the number of parking spaces a llo cated to the suite based upon the square footage of the building; and • The instruction area does not exceed 75% of total floor area of the personal enrichment building area. L-11 Pennitted if the space is 5,000 square feet or less; allowed with a conditional use pe1mit from the Zoning Administrator if the space exceeds 5,000 square feet. L-12 Permitted for existing facilities proposing to expand up to 20% of existing floor area or display area. L-13 For wireless communication facilities see Section 230.96, Wireless Connnunication Facilities. All other communication facilities permitted. L-14 Allowed with Neighborhood Notification pursuant to Chapter 241 if space is 5,000 square feet or less; allowed with a conditional use permit from the Planning Commission if the space exceeds 5,000 square feet. L-15 Includes businesses with the primary building use of office for vehicle retail sales and wholesale businesses which may display the maximum number of vehicles at any given time as required by the California Department of Motor Vehicles. L-16 No person shall keep or maintain upon premises owned or controlled by him or her in the City, any kennel within 200 feet of any residential use. Refer to HBMC Section 7.12.150 - Kennels. L-17 Permitted pursuant to an Administrative Permit if the property is 300 feet or more from a parcel used or zoned for residential development. Permitted pursuant to a conditional use pe1mit from the Zoning Administrator if less than 300 feet from a parcel used or zoned for residential development. A. Reserved. B. See Section 230.40, Helicopter Takeoff and Landing Areas. C. Repealed. D. See Section 230.38, Game Centers; Chapter 5.28, Dance Halls; Chapter 9.24, Gambling Chapter 9.32, Pool and Billiard Halls. E. See Section 230.32, Service Stations. F. See Section 241.20, Temporary Use Permits. G. See Chapter 236, Nonconforming Uses and Structures. H. For teen dancing facilities, bicycle racks or a special bicycle parking area shall be provided. These may not obstruct either the public sidewalk or the building entry. See also Chapter 5.28, Dance Halls; Chapter 5.44, Entertaimnent Pe1mits; and Chapter 5. 70, Sex-Oriented Businesses. I. Only permitted on a major arterial street, and a passive or active outdoor recreational amenity shall be provided. J. In the CV District the entire ground floor area and at least one-third of the total floor area shall be devoted to visitor-oriented uses as described in the certified Local Coastal Program Land Use Plan. Any use other than visitor serving commercial shall be located above the ground level, and a conditional use permit from the Planning Commission or the Zoning Administrator is required. Any use other than visitor serving commercial uses shall only be pennitted if visitor serving uses are either provided prior to the other use or assured by deed restriction as part of the development. No office or residential uses shall be permitted in any visitor serving designation seaward of Pacific Coast Highway. K. See Section 230.42, Bed and Breakfast Inns. L. Collection containers are permitted in all commercial districts; recycling facilities as an accessory use to a permitted use shall be permitted upon approval by the Director with Neighborhood Notification pursuant to Chapter 241. See Section 230.44, Recycling Operations. M. Subject to approval by the Police Department, Public Works Department, Fire Department and the Director. See also Section 230.86, Seasonal Sales. N. The following businesses proposing to sell alcoholic beverages for on-site or off-site consumption are exempt from the conditional use permit process: I. Retail markets with no more than 10% of the floor area devoted to sales, display, and storage of alcoholic beverages provided the sale of alcoholic beverages is not in conjunction with the sale of gasoline or other motor vehicle fuel. 2. Restaurants, bars, and liquor stores located 300 feet or more from any R or PS district, public or private school, church, or public use. 3. Florist shops offering the sale of a bottle of an alcoholic beverage together with a floral arrangement. 0. See Section 230.46, Single Room Occupancy. P. See Chapter 231 for temporary and seasonal parking. Q. Development of vacant land or additions of I 0,000 square feet or more in floor area; or additions equal to or greater than 50% of the existing building's floor area; or additions to buildings on sites located within 300 feet of a residential zone or use for a permitted use requires approval of a conditional use pem1it from the Zoning Administrator. The Community Development Director may refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to impact residents or tenants in the vicinity ( e.g., increased noise, traffic). R. Projects within 500 feet of a PS District; see Chapter 244. S. See Section 230.48, Equestrian Centers. T. See Section 230.50, Indoor Swap Meets/Flea Markets. U. See Section 230.94, Carts and Kiosks. V. In the coastal zone, the preferred retail sales uses are those identified in the visitor serving connnercial land use designation which provide opportunities for visitor-oriented connnercial activities including specialty and beach related retail shops, restaurants, hotels, motels, theaters, museums, and related services. W. Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be permitted without a conditional use permit. X. Outdoor dining with alcohol sales shall be permitted with a conditional use permit from the Zoning Administrator. Outdoor dining without alcohol sales that is 400 square feet or less shall be permitted without a conditional use permit. If over 400 square feet with no alcohol sales, Neighborhood Notification shall be required pursuant to Chapter 241. Y. Neighborhood Notification requirements pursuant to Chapter 241. Z. In the CV District, condominium-hotels and/or fractional interest hotels are allowed only at the Pacific City (Downtown Specific Plan District 7) and Waterfront (Downtown Specific Plan District 9) sites. Refer to Downtown Specific Plan. AA. Storage areas shall be screened from view on all sides by a solid wall made of either block, masonry, wood, vinyl or other similar material. The wall shall not be less than six feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently landscaped and maintained. BB. Storage areas shall be screened from view on all sides adjacent to a public right-of-way by a solid wall made of either brick, block, masonry, wood, vinyl or other similar material. The wall shall include a minimum ten foot return on all sides. The wall shall not be less than six feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently landscaped and maintained. CC. Storage areas shall be screened from view on all sides adjacent to a public right-of-way by a solid wall made of either block, masomy, wood, vinyl or other similar material. The wall shall include a minimum 10-foot return on all sides. The wall shall not be less than six feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently landscaped and maintained. Screening on the remaining sides shall be evaluated based on proposed site conditions as detennined during the entitlement process. DD. See Section 230.54. Smoke or Tobacco Shops ORDINANCE NO. 4333 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 212 I INDUSTRIAL DISTRICTS OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE (ZONING TEXT AMENDMENT NO. 25-001) WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 25-001, which amends Chapter 212 of the Huntington Beach Zoning and Subdivision Ordinance. After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION I. That Chapter 212 of the Huntington Beach Zoning Code is hereby amended to read as follows: 212.04 JG, IL, and RT Districts -Land Use Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in commercial districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" that follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Plauuing Commission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a tempormy use permit. "P/U" for an accessory use means that the use is permitted on the site of a permitted use, but requires a conditional use permit on the site of a conditional use. "Neighborhood Notification" designates use classifications that require an Administrative Permit by the Director. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to provisions following the schedule or located elsewhere 25-15852/368430 ORDINANCE NO. 4333 in the Zoning Ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. IG, IL, and RT Districts: Land Use Controls P = Permitted L = Limited ( see Additional Provisions) PC = Conditional use permit approved by Planning Commission ZA = Conditional use permit approved by Zoning Administrator TU = Temporary use permit P/U = Requires conditional use permit on site of conditional use -= Not Permitted IG IL Residential Group Residential PC PC Public and Semipublic Community and Human Service Facilities p p Dav Care, General ZA ZA Heliports PC PC Maintenance & Service Facilities ZA ZA Public Safety Facilities p p Religious Assembly ZA ZA Schools, Public or Private L-6 L-6 Utilities, Major PC PC Utilities, Minor L-7 L-7 Commercial Uses Ambulance Services ZA ZA Animal Sales and Services Animal Boarding ZA ZA Animal Hospitals ZA ZA Artists' Studios p p Banks and Savings and Loans L-1 L-1 Building Materials and Services p p Catering Services -p 25-15852/368430 2 Additional RT Provisions PC 'I) 'A)(L) p 'K) ZA PC (N) ZA p ZA L-6 PC L-7 '0) (D)(L) ZA ZA ZA p L-1 p p ORDINANCE NO. 4333 Additional JG IL RT Provisions Commercial Filming ZA ZA ZA Commercial Recreation and Entertainment L-2 L-2 PC Communication Facilities L-12 L-12 L-12 Eating & Drinkin2: Establishments L-2 L-2 L-2 w/Live Entertainment ZA ZA ZA (R) w/Alcohol ZA ZA ZA Food & Bevera2:e Sales ZA ZA ZA Hospitals and Medical Clinics -PC PC Laboratories p p p Maintenance & Repair Services p p p Marine Sales and Services p p p Nurseries p p p Offices, Business & Professional L-10 L-10 L-10 IC) Personal Enrichment L-9 L-9 L-9 Personal Services L-1 L-1 L-1 Quasi-Residential PC PC PC (J) Research & Development Services p p p Sex-Oriented Businesses (regulated by Ch. L-11 L-11 5.70) L-11 Sex-Oriented Businesses (regulated by Ch. PC PC (Q) 5.60) PC Swap Meets, Indoor/Flea Markets PC PC PC (P) Vehicle/Eauipment Sales & Services Service Stations L-4 L-4 L-4 Vehicle/Equipment Repair p p p Vehicle/Equipment Sales/Rentals L-5 L-5 L-5 Vehicle Stora2:e, ImPOlmd Yards PC PC PC (T) Vehicle Storage, Off-Site Auto Dealers P/ZA P/ZA P/ZA (H)(U)(W) Vehicle Storage, Recreational Vehicles P/ZA P/ZA P/ZA (H)(V) Visitor Accommodations ZA ZA ZA Warehouse and Sales Outlets L-8 L-8 L-8 Industrial (See Chapter 204) (B)(L)(M) Industrv, Custom p p p Industrv, General p p p Industry, Limited p p p Industrv, R & D p p p Wholesalin2:, Distribution & Stora2:e 150,000 square feet or less p p p Greater than 150,000 square feet p p ZA RT Flex Space --p 25-15852/368430 3 ORDINANCE NO. 4333 Additional IG IL RT Provisions Alcoholic Beverage Manufacturing p p p (L-13 ) Accessory Uses Accessory Uses and Structures P/U P/U P/U (C) Temporarv Uses Commer cial Filming, Limited p p p (S) Real Estate Sales p p p Trade Fairs p p p (E) Nonconforming Uses l(F) SECTION 2. A ll other provisions of Chapter 2 12 not modified herein shall remain in full force and effect. SECTION 3. This ordinance shall become effective immediately 30 days after its adoption. PASSED AND ADOPTED by the City Counci l of the City of Huntington Beach at a regular meeting ther eof held on the __ day of _______ , 2025. Mayor ATTEST: APPROVED AS TO FORM: (lL:✓lL City C lerk CityAtlorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Manager 25 -1 5852/368430 4 LEGISLATIVE DRAFT HBZC CHAPTER 212 Chapter 212 212.04 IG, IL, and RT Districts -Land Use Controls In the following schedules, letter designations are used as follows: "P " designates use classifications p ermitted in the Industrial Districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provi sions" which follow. "PC" designates use classifications permitted on approval of a conditional u se permit by the Planning Commission. "ZA" designates use classifications pe1mitted on approval of a conditional use pe1mit b y the Zoning Administrator. "TU" designates use classifications a llowed upon approval of a temporary use permit by the Zoning Administrator. "P/U" for an accessory use means that the use i s pe1mitted on the site of a pe1mitted use, but requires a conditional use permit on the site of a conditional use. "Neighborhood Notification" refers to use classifications that require an Administrative Pe1mit by the Director. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to requirements following the schedule or located elsewhere in this zoning code. Where letters in parentheses are opposite a use classification heading, referenced prov i sions shall apply to all use classifications under the heading. IG, IL, and RT Districts: Land Use Controls P = Pe1mitted L = Limited (see Additional Provi sions) PC = Conditional use permit approved by Planning Commission ZA = Conditional use p ermit approved by Z oning Adminis trator TU= Temporary use permit P/U = Requires conditional use permit on site of conditional u se -= N ot Pe1mitted Additional IG IL RT Provisions Residential Groun Residential PC PC PC (I) Public and Seminublic (A)(L) Communitv and Human Service Facilities p p p (K) Dav Care, General ZA ZA ZA Helinorts PC PC PC (N) Maintenance & Service Facilities ZA ZA ZA Public Safetv Facilities p p p Reli,;,ious Assemblv ZA ZA ZA Schools, Public or Private L-6 L-6 L-6 Utilities, Maior PC PC PC Utilities, Minor L-7 L-7 L-7 (0) Commercial Uses (D)(L) Ambulance Services ZA ZA ZA Animal Sales and Services Animal Boarding ZA ZA ZA Animal Hosnitals ZA ZA ZA Artists' Studios p p p Banks and Savin,;,s and Loans L-1 L-1 L-1 Building Materials and Services p p p Caterin,;, Services -p p Conunercial Filmin,;, ZA ZA ZA Commercial Recreation and Entertaimnent L-2 L-2 PC Communication Facilities L-12 L-12 L-12 Eatin,;, & Drinkin11 Establislunents L-2 L-2 L-2 w/Live Entertaimnent ZA ZA ZA 'R) w/Alcohol ZA ZA ZA Food & Bevera11e Sales ZA ZA ZA Hosnitals and Medical Clinics -PC PC Laboratories p p p Maintenance & Renair Services p p p Marine Sales and Services p p p Nurseries p p p Offices, Business & Professional L-10 L-10 L-10 C) Personal Enriclunent L-9 L-9 L-9 Personal Services L-1 L-1 L-1 nuasi-Residential PC PC PC (J) Research & Develonment Services p p p Additional IG IL RT Provisions Sex-Oriented Businesses (regulated by Ch. L-11 L-11 5.70) L-11 Sex-Oriented Businesses (regulated by Ch. PC PC (Q) 5.60) PC Swap Meets, Indoor/Flea Markets PC PC PC rp) Vehicle/Equipment Sales & Services Service Stations L-4 L-4 L-4 Vehicle/Equipment Repair p p p Vehicle/Equipment Sales/Rentals L-5 L-5 L-5 Vehicle Storage, Impound Yards PC PC PC (T) Vehicle Storage, Off-Site Auto Dealers P/ZA P/ZA P/ZA (H)(U)(W) Vehicle Storage, Recreational Vehicles P/ZA P/ZA P/ZA 1H)(V) Visitor Accommodations ZA ZA ZA Warehouse and Sales Outlets L-8 L-8 L-8 Industrial (See Chapter 204) (B)(L)(M) Industrv, Custom p p p Industrv, General p p p Industrv, Limited p p p Industrv, R & D p p p Wholesaling, Distribution & Storage 150,000 square feet or less p p p Greater than 150,000 square feet p p ZA RT Flex Space --p Alcoholic Beverage Manufacturing p p p 'L-13) Accessorv Uses Accessorv Uses and Structures P/U P/U P/U (C) Temporarv Uses Commercial Filming, Limited p p p 'S) Real Estate Sales p p p Trade Fairs p p p 'E) Nonconforming Uses (F) IC, IL, and RT Distriets: ,\dditienal Previsions L 1 Only allowed upon approval of a eonditional use permit by tile Zoning Administrator fur a mixed use project, subjeet to tile fullowing requirements: A. Minimum site area: three acres. B. Maximum commercial space: 35% of the gross floor area and 50% of the ground floor area of buildings fronting on an aiierial highvt1ay. C . Phased development: 25% of the initial phase must be designed for industrial occupancy. For prajects over 500,000 square feet, the initial phase must include five percent of the total amount of industrial space or 50,000 squai·e feet of industrial space, whichever is greater. L 2 Permitted only when designed and operated for principal use by employees of the SlliTounding industrial development as an ancillat)' use to a primary industrial use. When designed for general public use, permitted after considering vehicular access and complying 1.vith minimum parking requirements. L 3 R~served. L 4 Only fueling stations offering services primarily oriented to businesses located in an Industrial District ai·e allowed 1.vith a conditional use permit by the Plar~'1ing Commission. L 5 No new or used automobile, truck or motorcycle retail sales are permitted. L 6 Only schools offering higher education curriculums rn·e allowed with conditional use permit approval by the Planning Commission. No elementrn·y or secondary schools are pe1mitted. L 7 R~cycling operations as an access01)' use are peimitted if more than 150 feet from R districts; recycling operations as an accessory use less than 150 feet from R districts or recycling operations as a primary use are allowed upon approval of a conditional use permit by the Zoning Administrator. See Section 230.44 , R ecycling Operations. L 8 Allov,red upon conditional use pe1mit approval by the Planning Commission when a single building with a minimum area of 100,000 square feet is proposed on a site fronting an arterial. The primary tenant shall occupy a minimum 95% of the floor rn·ea and the remaining 5% may be occupied by secondm)' tenants. L 9 Permitted if the space is 5,000 square feet or less; allowed by conditional use permit from the Zoning Administrator if the space is over 5,000 square feet. L 10 Accessory administrative, management, regional or headquarters offices incidental to a primary industrial use within the IG and IL Districts m·e limited to 10% of the floor rn·ea of the primm)' industrial use. Access01)' office uses incidental to a primary use within the Rf District m·e limited to 30% of the floor area of the primffi)' use. Accessory office spaces e>weeding the limits above shall require a conditional use permit to the Zoning Administrator supported by a prn·king demand study for all uses on site. Medical/dental offices, insurance brokerage offices, and real estate brokerage offices, e>wept for on site leasing offices, rn·e not permitted in any Industrial Disu·ict. L 11 Allowed subject to the following r e quirements: 1\.. A proposed se)c oriented business shall be at least 500 feet from any residential use, school, park and recreational facility, or any building used for religious assembly (collectively referred to as a "sensitive use") and at least 750 feet from another se)c oriented business. For purposes of these requirements, all distances shall be measured from the lot line of the proposed se)c oriented business to the lot line of the sensitive use or the other SC), oriented business. The term "residential use" means any property :wned RL, RM, R}.ffi, RH, R}.4P, and any propeiiies 1n1ith equivalent designations under any specific plan. To determine such distances the applicant shall submit for reviev,r a straight line drawing depicting the distances from the lot line of the parcel of land on 1.vhich the se>, oriented business is proposed 1.vhich includes all the proposed parking and: 1. The lot line of any other sex oriented business within 75 0 feet of the 1 et line of the proposed se>, oriented business; and 2. The lot line of any building used for religious assembly, school, or park and r ecreational facility 1.vithin 500 feet of the lot line of the proposed se)c oriented business; and 3. The lot line of any parcel of land :co n ed RL, RM, R}.ffi, RH, and R}.4P and any parcels of land with equivalent designations under any specific plans within 500 feet of the lot line of the proposed se)c oriented business. B. The front fa9ade of the building, including the entrance and signage, shall not be visible from any major, primary or secondruy ru-terial street as designated by the circulation element of the General Plan adopted May 1996, with the exception of Argosy Drive. C . Prior to or concurrently with applying for a building permit and/or a certificate of occupancy for the building, the applicant shall submit application for Community Development Depruiment staff revie1.v of a se)c oriented business :coning p ermit with the drai.ving described in subsection A, a technical site plan, floor plans ru1d building elevations, and application fee. Within 10 days of submittal , the Di.rector shall determine if the application is complete. If the application is deemed incomplete, the applicant may resubmit a completed application within 10 days. Within 30 days of receipt of a completed application, the Director shall dete1mine if the application complies vt'ith the applicable development and performance standards of the Huntington Beach Zoning and Subdivision Ordinance. Said standards include but are not limited to the following: 1. Chapter 203, Definitions; Chapter 212, Industrial Districts; Chapter 23 0, Site Standru·ds; Chapter 231, Off Street Pru·king and Loading Provisions; Chapter 232, Landscape Improvements; and Chapter 236, Nonconforming Uses and Structures. 2 . Section 233.08 (B), Signs. Signage shall conform to the standru·ds of the Huntington Beach Zoning and Subdivision Ordinance except: a. Such signs shall contain no suggestive or graphic language, photographs, silhouettes, drawings, statues, monuments, sign shapes or sign projections, or other graphic representations, 1.vhether clothed or unclothed, including without limitation representations that depict "specified anatomical areas" or "specified sexual activities"; and b. Only the smallest of the signs p ermitted under Section 233 .08(B) shall be visible from any major, primary or secondary arterial street, such streets shall be those designated in the circulation element of the General Plan adopted May 1996, vlith the exception of Argosy Drive. 3. Compliance with Huntington Beach Municipal Code Chapter 22Q. D. The Director shall grant or deny the application for a seJc oriented business z;oning permit for a sex oriented business. There shall be no administrative appeal from the granting or denial of a permit application thereby permitting the applicant to obtain prompt judicial revie,v. E. Ten \vorking days prior to submittal of an application for a seJc oriented business wning pe1mit for staff review, the applicant shall: (1) cause notice of the application to be printed in a newspaper of general circulation; and (2) give mailed notice of the application to property owners \Vithin 1,000 feet of the proposed location of the seJc oriented business; and (3) the City of Huntington Beach, D epartment of Community Development by first class mail. The notice of application shall include the following: 1. Name of applicant; 2. Location of proposed seJc oriented business, including street address (if known) and/o r lot and tract number; 3. Nature of the seJc oriented business, including maximum height and s quare footage of the proposed de velopment; 4. The City Hall telephone number for the Department of Community Development to call for viewing plans; 5. The date by which any comments must be received in \Vriting by the Depaiiment of Community Development. This date shall be 10 working days from staff review submittal; and 6. The address of the Depai·tment of Community Development. F. A sex oriented business may not apply for a variance pursuant to Chapter 241 nor a special sign pe1mit pursuant to Chapter 233. G . fi seJE: · .1 , i. onenteu business zonin . date of approval un1 . g penrut shall become n 11 d . ess. u an vmd one year after its 1. . Construction has commenced . ·.vruchever comes first· or or a certificate of occupanc:v has b . ' J een issued, 2. The use is established. H. The "alid'ti. f · ~h/ 0 a seJ{ oriented b · . m ownership or proprietorshi . ,,.usmess zorung permit shall not the Direaler ef the t, ji p pt0,1ded tliat the HeW ewne ~e afleeled l,y elaa!!ges ans~. r or propnetor promptly notifies ~-. A se~ oriented business zonin . 1s discontmued for 12 . g permit shall lapse if the . . . consecutive months. eJcmc1se of nghts granted by it L 12 For 1vvireless conununicat· ... Facilities. All other com . w_n famhties see Section 230 96 ur 1 .murucat10n facilities permitted. . , wife ess Communication L 13 A 1 h 1· n1co o 1C Beverage M fr . . anu actunng Requirements. 1. Alcoholic Beverage Manu . · nnang for public sales or service are permitted . facturmg uses without eating and d . ·u . 2 A • • 1 1. mronmum I 000 , square f; t f · busi_ness shall be permitted th.re ~e o ~doo_r ~d/or outdoor eatin an NollfiOO!iea p.....,aat le Cl, t Hg),""' ,dtrumslroti¥e Pemiil ,.,jthgN _d :nal<mg area pe, ap er 241. n e1g borhood 3 · Indoor and/ d bus·or out oor eating and drinl. mess shall require a cond'f 1 -Ong areas greater than 1 000 i wna use permit by the z . A • ' • square feet per ( • ) R onmg ' .dmmislrolor 1 1. epealed. · EB1 6 d' · , .. con itional use permit from th . enlargement of an existin e Zornng Administrator is re . loealed within 150 reet of use, or e,nerier alteratioHS and additio ~d re, Bflj' new use Of no Sllbstamial e!ian . an R chs!£1ct. The Diree!O< ma . , . , . ,, flS ~• an e<islmg use prnperty in an R Di~::::, the eliaraeler of the use wl>ieh =o~: :::a t!Hl, ~qulfemellt if the,e is · ~c a Jacent residential (q Accessory office uses . . of the primru , . d . gr eatel than the ma'Glllurn 11 Mministral~ :::::~ use :all require a eo~itional ::;;n=.e:entage of tlae floor a,ea parki,ig re, aH use, eenla:~d ::;"' s;udy demo-aliflg tlae a~ Pthe}Offiftg . 1 e. ro v1s1on of on site (D1 In IG and IL Districts onl , co . office, not to exceed 250 Y, mmercial space excludin b . eonditiOflal use pefffiit~'o of te floor area oftlae primary iruig :'.'~"'.'" oruJ proressioeal om h e Zonm g Administrator, provi:sd ~ u~e: i~ allov1ed with a e at it is mtended primarily to serve employees of the industrial use, no eJCterior signs advertise the adjunct use, the adjunct use is physically separated from the primary industrial use, and the primary industrial fronts on an rn:terial. (E) See Section 241 .22, Temporrn:y Use Permits. (F) See Chapter 236, Nonconforming Uses and Structl:Ji'es. (G) R~served. (H) Permitted pursuant to an i\.dministrative Peimit if the property is 300 feet or more from a parcel used or zoned for residentia l development. Pe1mitted pursuant to a conditional use pe1mit from the Zoning Administrator if less than 3 00 feet from a parcel used or zoned for residential development. (I) Limited to facilities serving vmrkers employed on site. (J) Limited to single room occupancy uses. (See Section 230.46.) (K) Limited to emergency shelters. (See S ection 230.52, Emergency Shelters.) (L) Devel opment of vacant land and/or additions of 10,000 square feet or more in floor area; or additions equal to or greater than 50% of the e>usting building's floor area; or additions to buildings on sites located within 300 feet of a residential zone or use for a pe1mitted use r equires approval of a conditional use pennit from the Zoning Administrator. The Community Devel opment Director may refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to impact residents or tenants in the vicinity (e.g., increased noise, traffic). (M) Major outdoor operations require conditional use permit approval by the Planning Commission. Maj or outside operations include storage yards and uses utilizing more than one third of the site for outdoor operation. (N) See Section 230.4 0 , Helicopter Takeoff and Landing Areas. (0) See Section 230.44 , Recycling Operations. (P) See Section 230 .50, Indoor Sv,ap Meets/Flea Mrn·kets. (Q) See L 11 (A) relating to locational r es trictions. (R) Non amplified live entertainment greater than 300 feet from a residenti al zone or use shall be permitted without a conditional use permit. Neighborhood Notification requirements when no entitlement required pursuant to Chapter 241. (S) Sub:ject to approval by the Police Depmiment, Public 'Narks Department, and Fire Depmiment and the Community Development Director. (T) In all districts, storage areas shall be screened from viev, on all sides by a solid wall made of either block, masorn·y , wood, vinyl or other similar material. The wall shall not be less than si>c feet in height and set back a minimum 10 feet from abutting streets with the entire setback m·ea permanently landscaped and maintained. (U) In all districts, storage areas shall be screened from view on all sides adjacent to a public right of way by a solid wall made of either brick, block, masomy, v,rood, vinyl or other similm· material. The wall shall include a minimrnn 10 foot return on all sides. The wall shall not be less than si>c feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently landscaped and maintained. (V) In all districts, storage areas shall be screened from viev,r on all sides adjacent to a public right of way by a solid 1tvall made of either block, masorn:y, wood, vinyl or other similar material. The wall shall include a minimum ten foot return on all sides. The wall shall not be less than sue feet in height and set back a minimum 10 feet from abutting streets with the entire setback m·ea permanently landscaped and maintained. Screening on the remaining sides shall be evaluated based on proposed site conditions as determined during the entitlement process. (W) Auto storage uses on public agency owned property shall be permitted by right pursuant to submittal of a Pm·king Area Plan. See Section 23 1.26. ORDINANCE NO. 4332 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 230 SITE STANDARDS OF THE HUNTINGTON BEACH ZONING CODE AND SUBDIVISION ORDINANCE BY ADDING NEW SECTION 230.54 ENTITLED "SMOKE OR TOBACCO SHOPS" (ZONING TEXT AMENDMENT NO. 25-001) WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 25-00 I, which amends Chapter 230 of the Huntington Beach Zoning and Subdivision Ordinance involving Citywide site standards; and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION I. Chapter 230 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to add new Section 230.54 Entitled "Smoke and Tobacco Shops" to read as follows: 230.54 SMOKE OR TOBACCO SHOPS APPLICABILITY. This section applies to all smoke or tobacco shops permitted within this Zoning and Subdivision Ordinance and for all applicable areas located within specific plans, subject to the following requirements: A. Definitions. Smoke or Tobacco Shop. Any premises dedicated to the display, sale, distribution, delivery, or offering of tobacco, tobacco products, or tobacco paraphernalia, except grocery stores, supermarkets, convenience stores, or similar uses that only sell conventional cigars, cigarettes, e-cigarettes or tobacco as an accessory tobacco sale use. "Accessory tobacco sale use" means an accessory use at a grocery store, supermarket, convenience store, or similar primary use, where no more than ten percent ( I 0%) of a business' floor area is devoted to sales, display, and storage of conventional cigars, cigarettes, e-cigarettes or tobacco. Tobacco paraphernalia. Cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking, preparation, storing, or consumption of tobacco products. ORDINANCE NO. 4332 Tobacco product. Any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco; and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence. Youth-populated area. A parcel in the City that is: 1. Occupied by a private or public kindergarten, elementary, middle, junior high, or high school; 2. Occupied by a licensed child-care facility or preschool as defined in California Health and Safety Code Section 1596.78; 3. Occupied by a library open to the public; 4. Occupied by a playground open to the public; 5. Occupied by a youth center; 6. Occupied by a recreational facility open to the public; or 7. Occupied by a park open to the public. B. Minimum Standards. Other Regulations. Compliance with all other state and federal laws regulating smoke or tobacco shops. Residential Zone. Smoke or tobacco shops shall not be pe1mitted in any locations zoned exclusively for residential uses. Adjacent Uses. No smoke or tobacco shop shall be located within 1,000 feet of a hospital or youth-populated area. The distance requirement shall be measured by a straight line from the nearest point of the property line of the site of a youth-populated area to the nearest point of the prope11y line of the site of the applicant's business premises. Concentration of Uses. No smoke or tobacco shop shall be located within 1,000 feet of another smoke or tobacco shop. The distance requirement shall be measured by a straight line from the property lines of each use. No Smoking on Premises. No smoking shall be permitted on the premises at any time. Windows and Lighting. No more than 20% of the visible area ofa window shall be obscured and adequate interior lighting levels shall be maintained during business hours to maintain clear visibility of tobacco shop operations from the exterior of the tenant space. 2 25-15852/368428 ORDINANCE NO. 4332 Signage. Smoke or tobacco shops shall post clear signage stating that minors may not enter the premises unless accompanied by a parent or legal guardian. At least one such sign shall be placed in a conspicuous location near each public entrance to the smoke or tobacco shop. It shall be unlawful for a smoke shop and tobacco store to fail to display and maintain, or fail to cause to be displayed or maintained, such signage. Nonconforming Retailers . Existing smoke or tobacco shops that do not comply with this chapter may remain on site after the effective date of the ordinance and shall not be resumed, r eestablished, or reopened after it has been abandoned, discontinued or changed to a conforming use. See Chapter 236, Nonconforming Uses and Structures. SECTION 2. All other provisions of Chapter 230 not modified herein shall remain in full force and effect. SECTION 3. This ordinance s ha ll become effective immediately 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the ___ day of __________ , 2025 . Mayor ATTEST: APPROVED AS TO FORM: t 1 ,:,, lJ .:::= _ City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Manager 3 25-15852/368428 City Council Meeting – Council Member Items Report To: City Council From: Casey McKeon, Council Member Date: September 3, 2024 Subject: Est ablish Tobacco Retailer Regulations 2000 Main Street, Huntington Beach, CA 92648 | www.huntingtonbeachca.gov ISSUE STATEMENT Tobacco use is the most preventable cause of disease, disability, and death in the United States; nearly one in five deaths in the U.S. can be attributed to cigarette smoking. Statistics show that tobacco product use is started and established primarily during adolescence. In 2023, 10 percent of middle and high school students reported current tobacco product use. E-cigarettes remained the most used tobacco product among youths. Among middle school and high school students who currently use e-cigarettes, 25.2 percent used e-cigarettes daily, and 89.4 percent used flavored e-cigarettes. The density of tobacco retailers, particularly in neighborhoods surrounding schools, has been associated with increased youth smoking rates. Studies further show that 41 percent of U.S. teens lived within .5 mile of a tobacco retailer and 44 percent attended schools within 1,000 feet of a tobacco retailer. Frequent exposure to tobacco retail displays has also been associated with increased smoking initiation among youth and negative impact on tobacco quit attempts. To reduce illegal sales of tobacco products to minors, California has recently passed policies to further regulate the sale of tobacco in the retail environment. Many cities and counties have passed additional policies to implement state laws and regulations. Some jurisdictions have placed restrictions on what retailers can and cannot sell and where retailers can be located in order to counter efforts to attract new (younger) customers. Several residents have reached out to me expressing concern over the proliferation and cluster of tobacco retailers, especially near youth populated areas. The Huntington Beach Zoning and Subdivision Ordinance (HBZSO) does not explicitly identify tobacco retailers (including smoke or tobacco shops) within the land use tables in the City’s zoning districts; therefore, these uses may be permitted as general retail uses which are allowed by right. In light of the above statistics, the City should adopt an ordinance to regulate these uses by: • Defining the uses to be regulated o Define “tobacco retailers” o Define “tobacco product or paraphernalia” o Define "youth-populated area” •. CITY OF _ HUNTINGTON BEACH 2000 Main Street, Huntington Beach, CA 92648 | www.huntingtonbeachca.gov • Establishing minimum zoning standards for the land uses o Prohibit new tobacco retailers at any location exclusively zoned for residential use o Prohibit new tobacco retailers within a certain distance of youth-populated areas, including schools o Establishing minimum distance requirements between tobacco retailers RECOMMENDED ACTION Direct the City Manager to work with the City Attorney to prepare an Ordinance for introduction at a future City Council Meeting to amend the HBZSO to establish regulations for tobacco retailers Citywide. 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 not potential for resulting in physical change to the environment, directly or indirectly. STRATEGIC PLAN GOAL Non Applicable - Administrative Item PLANNING COMMISSION STAFF REPORT TO: Planning Commission FROM: Jennifer Villasenor, Director of Community Development BY: Joanna Cortez, Principal Planner SUBJECT: ..title ZONING TEXT AMENDMENT NO. 25-001 (SMOKE/TOBACCO SHOP REGULATIONS) REQUEST: To amend four chapters of the Huntington Beach Zoning and Subdivision Ordinance to primarily introduce regulations for smoke/tobacco shops. The chapters to be amended are Chapter 204 (Use Classifications), Chapter 211 (C Commercial Districts), and Chapter 230 (Site Standards). Chapter 212 (I Industrial Districts) is also being amended to remove duplicate text. LOCATION: Citywide ..body APPLICANT: City of Huntington Beach PROPERTY OWNER: Various RECOMMENDATION: ..recommendation That the Planning Commission take the following actions: A) Find the project exempt from additional environmental review pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the zoning ordinance that does not change the development standards intensity or density. B) Recommend approval of Zoning Text Amendment (ZTA) No. 25-001 to the City Council with suggested findings (Attachment No. 1). ..end ALTERNATIVE ACTION(S): A) Recommend denial of Zoning Text Amendment No. 25-001 with findings for denial; or B) Continue Zoning Text Amendment No. 25-001 and direct staff accordingly. PROJECT PROPOSAL: Background: To reduce illegal sales of tobacco products to minors, California has passed policies to further regulate the sale of tobacco in the retail environment. Many cities and counties have passed additional policies to implement state laws and regulations. Some jurisdictions have placed restrictions on what retailers can and cannot sell and where retailers can be located in order to counter efforts to attract new (younger) customers . In an effort to prevent the proliferation and cluster of smoke or tobacco retailers, especially near youth populated areas, the City Council directed staff (Attachment No. 6) to draft the necessary amendments to the HBZSO to define and add regulations for smoke/tobacco shops within the City. ZTA No. 25-001 represents a request to amend and update certain sections of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to add regulations for these uses:  Chapter 204 (Use Classifications)  Chapter 211 (C Commercial Districts)  Chapter 230 (Site Standards) In addition to the proposed regulations, this ZTA also includes an amendment to Chapter 212 (I Industrial Districts) unrelated to smoke/tobacco shops. This portion of the ZTA will remove duplicative text within this chapter. Draft City Council ordinances with legislative drafts of the amendments to each chapter are provided (Attachment Nos. 2-5). In the legislative drafts, bold and underlined indicates new text; strikeout indicates removal of text. ISSUES AND ANALYSIS: General Plan Conformance: The proposed zoning text amendment is consistent with the goals and policies of the City’s General Plan including: Land Use Element: Goal LU-1: New commercial, industrial, and residential development is coordinated to ensure that the land use pattern is con sistent with the overall goals and needs of the community. Policy LU-1(D): Ensure that new development projects are of compatible proportion, scale, and character to complement adjoining uses. Policy LU-2(D): Maintain and protect residential neighborhoo ds by avoiding encroachment of incompatible land uses. Goal LU-11: Commercial land uses provide goods and services to meet regional and local needs. The proposed ZTA will define and regulate smoke/tobacco retail shops in a manner that will ensure new shops are compatible with surrounding uses. The proposed regulations will restrict smoke/tobacco shops to commercially zoned properties while prohibiting them in any primarily residentially zoned areas. Smoke/tobacco shops will be required to maintain a 500-foot separation from sensitive uses, such as hospitals and youth-oriented areas, as well as other smoke/tobacco shops. The proposed regulations will continue to allow tobacco/smoke shops to operate in designated areas of the city while meeting the community’s desire of limiting the overexposure of this use to young people. The proposed amendment to Chapter 212 will removed duplicative text only and does not propose any changes to the land use controls or development standards of that chapter. Zoning Compliance: Zoning Text Amendment The following analysis provides a review of the proposed amendments in two sections consisting of an introduction of regulations for smoke/tobacco shops and minor language cleanup to delete duplicate information. A. Smoke/Tobacco Shops The HBZSO does not explicitly identify tobacco retailers (such as smoke/tobacco shops) within the land use tables in the City’s zoning districts; therefore, these uses may be permitted as general retail uses which are allowed by right, with no additional regulations. The proposed ordinance regulates smoke/tobacco shops by amending three sections of the HBZSO, as discussed below. Section 230.54 Smoke or Tobacco Shops In effort to address the issues raised by the City Council such as concerns with high concentrations of smoke/tobacco shops adjacent to residential and youth populated area, a new code section was added to Chapter 230 (Site Standards) to introduce standards for smoke/tobacco retail shops. These standards include:  Specifying the allowable locations/zones for shops (Commercial General and Commercial Visitor zones as well as applicable commercial areas within specific plans)  Prohibiting use in locations zoned exclusively for residential uses  500-foot separation from youth-populated areas and sensitive uses (hospitals)  500-foot separation between other smoke/tobacco businesses to minimize an overconcentration  Defining items applicable to smoke/tobacco shops such as “tobacco paraphernalia”, “tobacco product” and “youth-populated areas”  Prohibiting smoking on premise  Window and lighting standards for improved visibility  Additional signage prohibiting minors  Process for non-conforming shops These new standards will continue to permit smoke/tobacco shops with regulations that ensure these uses are limited to commercial zones, away from residentially zoned areas. The proposed distance requirements will guarantee adequate separation from areas used by children and between other smoke/tobacco shops. Limiting the proximity of smoke/tobacco shops to youth-populated areas and similar retailers are place-based strategies recommended by health advocates to limit youth exposure to tobacco products. The new definitions will provide guidance in identifying the allowable items that may be sold within smoke/tobacco shops. “Youth-populated areas” are also defined in this amendment to list the areas which have a 500-foot distance requirement from smoke/tobacco shops. Some of these areas include all PreK -12 schools, child-care facilities, libraries, and parks. Windows and lighting standards have been added to ensure windows are not covered more than 20% and adequate lighting is available to see the interior of a store from the exterior. Clear signage will be required to be posted in these shops to prohibit unaccompanied minors from entering these businesses. Smoking on the premises is also prohibited with this amendment. Finally, non-conforming shops will be permitted to remain unless the smoke/tobacco shop changes use or is abandoned or discontinued for six months as described in Chapter 236 (Nonconforming Uses and Structures) of the HBZSO. Section 204.10 Use Classifications The use classification of Retail Sales has been amended to include a separate listing for smoke/tobacco shop for the purposes of identifying allowable land uses subject to the smoke/tobacco shop regulations proposed in this amendment. Section 211.04 CO, CG, and CV Districts – Land Use Controls The land use control table has been amended to reflect the areas where smoke/tobacco shops may be permitted subject to the new regulations. B. Language Clarification and Cleanup The following item is amended for cleanup purposes unrelated to smoke/tobacco shops. Section 212.04 IG, IL, and RT Districts – Land Use Controls The provisions listed after the land use control table of this section of the HBZSO have been deleted as they already exist in the following section of the code, Section 212.05 Additional Provisions. Environmental Status: ZTA No. 25-001 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the zoning ordinance that does not change the development standards intensity or density. Coastal Status: The proposed amendment will be forwarded to the California Coastal Commission as a minor Local Coastal Program Amendment for certification. Other Departments Concerns and Requirements: The proposed amendments to the City’s existing ordinance were prepared with input from the City Attorney’s Office and the Code Enforcement Division. Public Notification: Legal notice was published in the Huntington Beach Wave on Wednesday, January 22, 2025, and notices were sent to individuals/organizations requesting notification (Planning Division’s Notification Matrix). In lieu of sending notices to all property owners within the City, a minimum 1/8 page advertisement was published. As of February 4, 2025, no communication regarding this request has been received . SUMMARY: Staff recommends that the Planning Commission recommend approval of Zoning Text Amendment No. 25-001 with suggested findings and forward to the City Council based on the following:  It addresses a community need to prevent the proliferation and cluster of smoke/tobacco retailers, especially near youth populated areas;  Cleans up the HBZSO to improve clarity; and  Consistent with General Plan goals and policies. ATTACHMENTS: 1. Suggested Findings of Approval – ZTA No. 25-001 2. HBZSO Chapter 204 (Use Classifications) – Draft Ordinance and Legislative Draft 3. HBZSO Chapter 211 (C Commercial Districts) – Draft Ordinance and Legislative Draft 4. HBZSO Chapter 212 (I Industrial Districts) – Draft Ordinance and Legislative Draft 5. HBZSO Chapter 230 (Site Standards) – Draft Ordinance and Legislative Draft 6. City Council H-Item dated September 3, 2024 7. PowerPoint Presentation From:Amory Hanson To:De Coite, Kim Subject:Supplemental Communication to Huntington Beach Planning Commission Date:Monday, February 10, 2025 6:26:57 PM You don't often get email from amory.hanson2016@gmail.com. Learn why this is important I would like to express my support for the tobacco regulations zoning text amendment. Sincerely Yours, Mr. Amory Hanson I ZONING TEXT AMENDMENT NO. 25-001 SMOKE/TOBACCO SHOPS April 1, 2025 REQUEST • Zoning Text Amendment (ZTA) No. 25-001: • Amend four chapters of the HBZSO • Smoke/Tobacco Shop Regulations • Define Smoke/Tobacco Shop • Prevent overconcentration of use • Reduce exposure to sensitive uses • Chapter 212 - Delete duplicate text PURPOSE & BACKGROUND • Cities and counties have passed additional policies to implement state laws and regulations regarding tobacco retailers • Many jurisdictions restrict: • What retailers may sell • Where retailers may be located • Counter efforts to attract new (younger) customers • HBZSO does not identify tobacco retailers (smoke/tobacco shops) • Permitted by right • City Council directed staff to draft standards to regulate these uses •Public hearing held February 11, 2025 SMOKE/TOBACCO SHOPS • Section 204.10 Use Classifications • Retail Sales amended to include the definition of smoke/tobacco shop • Identify use • Establish what may be sold under use classification • Section 211.04 CO, CG, and CV Districts - Land Use Controls • Land use control table amended to identify where smoke/tobacco shops may be permitted SMOKE/TOBACCO SHOPS CONT. • Section 230.54 Smoke/Tobacco Shops • Added standards to regulate newly defined Smoke/Tobacco Shops • Definitions • Lists items sold in shops • Defines youth-populated area • PreK-12 schools; child-care facilities, libraries; parks; youth centers (e.g. – Boys & Girls Club) • Location: • Limited to commercial zones; residential zones prohibited • Will continue to be allowed in zones where they are currently allowed • 1,000-foot separation from hospitals and youth-populated areas SMOKE/TOBACCO SHOPS CONT. • Section 230.54 Smoke/Tobacco Shops • Site Standards • Signage to prohibit minors • Visible window area and interior lighting • Smoking prohibited on premise • Nonconforming Shops • Permitted unless • changes use; cannot revert back • abandoned or discontinued for six months NOTICE CHILDREN UNDER18 MUST BE ACCOMPANIED BY A PARENT OR LEGAL GUARDIAN RECOMMENDATION • Planning Commission and Staff recommend approval of Zoning Text Amendment No. 25-001 based on the following: • Consistent with General Plan goals and policies. • Cleans up the HBZSO to improve clarity; • It addresses community need to prevent the proliferation and cluster of smoke/tobacco retailers, especially near youth populated areas Questions? City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-248 MEETING DATE:4/1/2025 Subject: Item Submitted by Mayor Pro Tem Casey McKeon and Mayor Pat Burns - Contracts - Milestone Payment Policy Recommended Action: Direct staff to create a milestone payment policy. Attachment(s): 1.McKeon and Burns - Council Member Item Report City of Huntington Beach Printed on 3/26/2025Page 1 of 1 powered by Legistar™ City Council Meeting – Council Member Items Report To: City Council From: Casey McKeon, Mayor Pro Tem and Pat Burns, Mayor Date: April 1, 2025 Subject: MILESTONE PAYMENT POLICY 2000 Main Street, Huntington Beach, CA 92648 | www.huntingtonbeachca.gov ISSUE STATEMENT The City’s existing practice for contract payments on services, such as on-call service agreements, involves the contractor submitting a monthly invoice within an agreed -upon not-to- exceed compensation, term, and start date. The invoice is then verified for services rendered, and payment is processed. However, not all on-call agreements require monthly payments, and some agreements may follow a fee schedule, including publicly bid Public Works contracts, which are subject to strict bid and fee regulations. A milestone-based payment policy involves making payments at predefined stages of the project or work specified in the agreement. Each milestone represents a key stage of work that has been completed and approved. By breaking payments down into milestones, both the City and vendors can manage risks more effectively. Key benefits of milestone-based payments include: 1. Reducing Financial Risk: For the City, milestone payments minimize the risk of paying too much upfront for work that may not be completed. For the contractor or service provider, milestone payments ensure compensation as the project progresses, rather than waiting for a lump sum at the end. 2. Ensuring Accountability and Progress: Milestones act as progress checkpoints. Contractors are incentivized to meet specific objectives before receiving payment, encouraging them to stay on schedule and maintain high-quality work. 3. Improving Cash Flow: Milestone payments provide a steady stream of payables and receivables, avoiding the need to wait for a large payment at the project’s conclusion. When entering into contracts for large projects, it is beneficial to include provisions for progress payments tied to specific milestones. RECOMMENDED ACTION Direct staff to create a milestone payment policy. ENVIRONMENTAL STATUS Not applicable. STRATEGIC PLAN GOAL Non Applicable - Administrative Item •. CITY OF _ HUNTINGTON BEACH