Agenda packet, regular meeting — Buena Park City Council, June 25, 2024 (part 2 of 6)

3 DISTRICT. CITY shall be under the control of DISTRICT as to the result to be accomplished and not as to the means or manner by which such results are to be accomplished.

3. CITY will provide the School Resource Officer regular ongoing training on both use-of-force de-escalation and implicit bias. Officer will partake in formal annual training on the department’s use -of-force policy and be able to demonstrate their knowledge and understanding of its content. California P eace Officers Standards of Training requires all officers to complete tactical and interpersonal de-escalation techniques. The department’s training is concentrated on the Ground Tactics Arrest Control (GTAC), which includes tactical communication training, and formalizing an entire segment dedicated to de-escalation. The department has multiple policies dedicated to decision -making. The department has dedicated days, biennially, to train on tactical communication, ethics, and arrest control techniques. Every patrol shift partakes in daily thirty-minute trainings on a multitude of department policies, best practices, and current issues facing the department and the law enforcement profession.

4. DISTRICT will prepare and furnish to CITY upon request such information as is reasonably necessary to the performance by CITY hereunder. DISTRICT will provide availability to a work space when applicable, and CITY will provide all law enforcement related materials.

5. The DISTRICT agrees to provide the School Resource Officer access to the District surveillance system to view surveillance footage to the extent necessary to carry out the purposes of this Agreement, and only to the extent privacy and other laws are not compromised. Each campus SRO will be provided unique login credentials to the surveillance footage. The parties agree that SROs are not permitted to download and/or share any footage from the District’s surveillance system, and any SRO Agreement City of Buena Park
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4 requests to download and/or share any footage must be directed from the SRO to the District’s Risk Management Department.

6. DISTRICT shall pay CITY an amount not to exceed One Hundred Ninety- Six Thousand, Eight Hundred and Fifteen dollars ($196,815), including all expenses such as mileage, parking, transportation, lodging, meals, and materials for the services of one full-time School Resource Officer who will serve Buena Park High School. Payment shall be made after submission of an invoice and sha ll be due within thirty days. School Resource Officers are generally available to assist DISTRICT administrators with afternoon school events until 4:00 p.m. on student instructional days. Additional Services may be secured by the DISTRICT. The DISTRICT may request the services of a School Resource Officer during evening events such as PTA meetings, Back- to-School night(s), Open House(s), sporting event(s), dance(s), prom(s) or other school-sponsored events. DISTRICT agrees to provide additional compensation to CITY at a rate equal to one and one-half (1 ½) times the base hourly salary of the officer(s), for actual hours worked a fter the conclusion of the normal work day (4:00 p.m.).

7. EITHER PARTY may at any time, and for any reason, request a review or revision of this agreement or terminate the Agreement by providing thirty (30) days written notice to the other party. Notice from the DISTRICT may be given by the DISTRICT Superintendent, or designee. Notice from the CITY may be given by the Chief of Police, or designee. Notice shall be deemed received three (3) days after mailing, and the Agreement shall terminate thirty days thereafter. The DISTRICT shall compensate the CITY for SERVICES rendered under this Agreement up to the date of termination.

8. To the fullest extent permitted by law, CITY shall defend, indemnify and hold the DISTRICT, its elected officials, officers, employees, agents and volunteers (“District Indemnitees”) harmless with respect to any liability, claims, suits, SRO Agreement City of Buena Park
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5 actions, arbitration proceedings, administrative proceedings, losses, expenses or costs of any kind, whether actual, alleged, or threatened, reasonable attorneys’ fees incurred by the DISTRICT, court costs, interest, defense costs including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation, and to the extent arising out of or in any way attributable, actually, allegedly or impliedly, to the negligent acts or omissions or willful misconduct of any of the CITY Indemnitees during the term of this Agreement. All obligations under this provision are to be paid by CITY as they are incurred by the DISTRICT.

To the fullest extent permitted by law, the DISTRICT shall defend, indemnify and hold CITY, its elected officials, officers, employees, agents and volunteers (“City Indemnitees”) harmless with respect to any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, losses, expenses or costs of any kind, whether actual, alleged, or threatened, reasonable attorneys’ fees incurred by CITY, court costs, interest, defense costs including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation, and to the extent arising out of or in any way attributable, actually, allegedly or impliedly, to the negligent acts or omissions or willful misconduct of any of the District Indemnitees during the term of this Agreement. All obligations under this provision are to be paid by the DISTRICT as they are incurred by CITY.

9. This Agreement is not assignable without written consent of the parties hereto.

10. CITY shall comply with all applicable Federal, State, and local laws, rules, regulations, and ordinances including workers’ compensation while performing pursuant to this Agreement.

11. Each Party shall keep and maintain insurance of the types and in the amounts as set forth in the certificates of insurance of each Party that are attached to this SRO Agreement City of Buena Park
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6 Agreement, and neither Party shall cancel or terminate such insurance without 30 days written notice to the other Party. Each Party may satisfy its obligations hereunder through self-insurance policy(ies) that provide equal or greater coverage.

12. This Agreement constitutes the entire agreement between the parties with respect to the subject matter herein. No promise or representation not set forth herein shall be binding or of any force or effect.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed.

CITY OF BUENA PARK
A Municipal Corporation

Dated: ________________________ By:

Aaron France
City Manager,
City of Buena Park

FULLERTON JOINT UNION

HIGH SCHOOL DISTRICT

Dated: ________________________ By: ___________________________ Ruben Hernandez
Assistant Superintendent, Business Services

ATTEST: APPROVED AS TO FORM:
(SEAL)

__________________________________ __________________________________ Adria Jimenez, MMC, City Clerk Christopher Cardinale, City Attorney

SRO Agreement City of Buena Park
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7 Officer Ortega's Salary & Benefits for FY 24-25.
. . 5110 5180 5183 5188 sworn 5170 5171 5173 5172 5160 5174 5161 5114 5125 5157 5190 .

Allocated Unfunded
Liability UAL- DS Life/ Wrkr's Medi- Accrued Unif Cloth Holiday Billingual Ed Inct EE# Employee Name Salary PERS PERS Health Dental ADD LTD Comp care Leave Alow Pay Pay Pay Total 104 ORTEGA, MICHAEL 122,928 21,578 11,968 47,170 20,640 1,040 255 360 9,552 2,198 2,069 800 3,511 3,600 14,751 262,419 3/4 Salary
196,815
Officer Ortega's Salary & Benefits for FY 24-25.
. . 5110 5180 5183 5188 sworn 5170 5171 5173 5172 5160 5174 5161 5114 5125 5157 5190 .

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SEXUAL ABUSE AND MOLESTATION
/g62/g3/g3/g3/g3/g64/g3/g40/g53/g53/g50/g53/g54/g3/g9/g3/g50/g48/g44/g54/g54/g44/g50/g49/g54 /g62/g3/g3/g3/g3/g64/g3/g42/g50/g57/g40/g53/g49/g48/g40/g49/g55/g3/g38/g50/g39/g40/g54/g3

/g62/g3/g3/g3/g3/g64/g3/g38/g47/g36/g44/g48/g54/g3/g48/g36/g39/g40/g3/g3/g3/g3/g3/g3/g3 [
/g3/g3
]
/g50/g38/g38/g56/g53/g53/g40/g49/g38/g40/g3

/g62/g3/g3/g3/g3/g64/g3/g42/g40/g49/g40/g53/g36/g47/g3/g47/g44/g36/g37/g44/g47/g44/g55/g60/g3

/g42/g40/g49/g40/g53/g36/g47/g3/g47/g44/g36/g37/g44/g47/g44/g55/g60/g3 ✓ ✓✓✓
SCR 01721-00 7/1/2023
7/1/2024
1,000,00025,000
✓✓✓✓✓
SCR 01721-00 7/1/2023
7/1/2024
25,000 1,000,000
SCR 01721-00 7/1/2023
7/1/2024
500,250,0005,000
SCR 01721-00 7/1/2023
7/1/2024
25,000 Included
Keenan & Associates
901 Calle Amanecer, #200
San Clemente, CA 92673
Southern California ReLiEF
A
A
B
7/7/2023
0451271
PIPS7913 7/1/2023
7/1/2024 1,000,000
1,000,000
1,000,000
✓
✓✓
Protected Insurance Program for Schools
A
A
Southern California ReLiEF
Protected Insurance Program for Schools
✓
John Stephens
800-654-8102
As respects to Fullerton Jt. UHSD's participation in the school resource officer program.

Agreement term: 7/25/2023 - 6/1/2024.

Fullerton Joint Union High School District
1051 W. Bastanchury Rd.

Fullerton CA 92635
City of Buena Park
6650 Beach Blvd
Buena Park CA 90622
75229844 | FULLEJTU | 23/24 Super Pool P&L | Trisha Pond | 7/7/2023 2:15:31 PM (PST) | Page 1 of 2 /g39/g44/g54/g38/g47/g36/g44/g48/g40/g53/g3
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City Council Regular Meeting Agenda Report
RESOLUTION ADOPTING AND APPROVING THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR 2024-25 Meeting
Tuesday, June 25, 2024, 5:00 PM
Agenda Group
CONSENT CALENDAR Item: 4G
Presented By
Sung Hyun, Director of Finance
Prepared By
Sung Hyun, Director of Finance
Approved By
Aaron France, City Manager

RECOMMENDED ACTION
1) Adopt a resolution approving the annual appropriations limit for Fiscal Year 2024-25.

PREVIOUS CITY COUNCIL ACTION
None.

DISCUSSION
The appropriations limitation imposed by Proposition 4 (Article XIII B of the California Constitution) creates a restriction on the amount of revenue that can be appropriated in any ﬁscal year. The limit is based on actual appropriations from the 1978-79 ﬁscal year and is adjusted each year by the percentage change in population and inﬂation.

In June 1990, Proposition 111 and SB 88 (Chapter 60/90) were passed modifying the Proposition 4 annual adjustment factors. Each city may now annually elect to use either the percentage change in California Per Capita Income or the percentage change in the non-residential assessed valuation due to new construction within the city and the percentage change in either the city’s or the county’s population.

Staff has calculated the 2024-25 appropriations limit utilizing the percentage change in California Per Capita Income and the percentage change in Orange County’s population. The ﬁscal year 2024-25 appropriations limit is calculated to be $381,596,640. The projected proceeds from taxes for 2024-25 are $82,206,540, which is $299,390,100 or 78.46%, below the appropriations limitation.

BUDGET IMPACT

There is no ﬁscal impact with the adoption of this resolution.

Attachments
Approp Limit 24-25 Att1of2 Reso.pdf
Approp Limit 24-25 Att2of2 Exhibit A.pdf
RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF BUENA PARK, CALIFORNIA, APPROVING AND

ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR
FISCAL YEAR 2024-25

WHEREAS, the voters of California on November 6, 1979, added Article XIII B to the State Constitution placing various limitations on the appropriations of the State and Local Governments; and

WHEREAS, Article XIII B provides that the appropriatio ns limit for fiscal year 20 24-25 is calculated by adjusting the 1978-79 base year appropriations for changes in the population and inflation; and

WHEREAS, the voters of California on June 5, 1990 approved Proposition 111 and SB 88 (Chapter 60/90) modifying Article XIII B by allowing the selection of annual adjustment factors; and

WHEREAS, the City of Buena Park has complied with all the provisions of Article XIII B of the California Constitution as modified by Proposition 111 and SB 88 in determining the appropriations limit for fiscal year 2024-25.

NOW, THEREFORE, the City Council of the City of Buena Park does hereby resolve that the appropriations limitation for the City of Buena Park for fiscal year 2024-25 shall be $381,596,640 as set forth in the attached Exhibit A.

PASSED AND ADOPTED this _____ day of _______________ _____, by the following called vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

______________________________________
Mayor
ATTEST:

_______________________________
City Clerk

I, Adria M. Jimenez , City Clerk of the City of Buena Park, California, hereby certify that the foregoing resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Buena Park, held this _____ day of ________________ _____.

______________________________________
City Clerk
Exhibit A

CITY OF BUENA PARK
Schedule of Annual Appropriation Limitation
for Fiscal Year 2023-24 and 2024-25
2023-24 2024-25
Cumulative Growth Rate 1.0464% 1.0395%
Appropriations Limit $367,096,335 $381,596,640
Projected Revenues from Proceeds of Taxes$78,143,760 $82,206,540 Amount of Projected Revenues Below
the Maximum Revenue Allowed $288,952,575 $299,390,100
Percentage Under Appropriation Limitation78.71% 78.46%
Article XIIIB of the California Constitution, more commonly known as the Annual Appropriation Limitation or "Gann Limit", specifies the amount of allowable revenue that the City of Buena Park can appropriate from the proceeds of taxes. The City's revenues from proceeds of taxes are projected to be approximately $299 million, or

78.46%, below its Gann Limit for the 2024-25 fiscal year. In accordance with Proposition 111, the Appropriation Limitation is calculated utilizing a format based on the percentage change in the County's population and the percentage of growth in the State's per capita personal income.

City of Buena Park
City Council Regular Meeting Agenda Report
RESOLUTION AUTHORIZING THE PURCHASE OF DIFFERENCE IN CONDITIONS COVERAGE (I.E. EARTHQUAKE

INSURANCE) FOR ESSENTIAL CITY FACILITIES
Adopt a resolution authorizing the Human Resources/Risk Management Department to purchase difference in conditions coverage (i.e. earthquake insurance) for essential City facilities, including Fire Stations Nos. 61, 62, and 63, effective July 1, 2024, for one year. Associated cost in the amount of $355,750 will be funded by the Public Liability Self Insurance Fund.

Meeting
Tuesday, June 25, 2024, 5:00 PM
Agenda Group
CONSENT CALENDAR Item: 4H
Presented By
Eddie Fenton, Assistant City Manager/Director of Human
Resources
Prepared By
Eddie Fenton, Assistant City Manager/Director of Human
Resources
Approved By
Aaron France, City Manager

RECOMMENDED ACTION
1) Adopt a resolution authorizing the purchase of difference in conditions coverage (i.e. earthquake insurance) for essential City facilities; 2) Authorize the City Manager to execute any necessary documents to bind coverage; and, 3) Allocate funds in the amount of $355,750 for this purpose.

PREVIOUS CITY COUNCIL ACTION
At the City Council meeting on June 27, 2017, the City Council discussed insuring essential City facilities during the FY 2017-18 budget discussion and directed staff to move forward with the purchase of difference in conditions coverage (i.e. earthquake coverage). Coverage was then renewed most recently at the City Council meeting of June 27, 2023 for one year and will expire on June 30, 2024.

DISCUSSION
Under the City's Memorandum of Coverage (MOC) with the California Insurance Pool Authority (CIPA), the City purchases General Liability, Employer Practices Liability, Crime Liability, Property Loss, Pollution Liability, Cyber Liability, and excess Workers' Compensation coverages through the CIPA insurance broker, Aon Risk Solutions.

Earthquake coverage is excluded from this policy, but may be purchased separately.

The quote obtained by the City's insurance broker covers all essential facilities for $25 million total coverage, with a 5% deductible for earthquake claims. The covered facilities include:

CITY HALL

POLICE STATION
FIRE STATION NO. 61
FIRE STATION NO. 62
FIRE STATION NO. 63
RESERVOIR (20 MILLION GAL.)

RESERVOIR PUMP HOUSE BLDG

LINDEN CIRCLE PUMP HOUSE

WELL - BALL WELL

WELL - BOISSERANC WELL

WELL - CABALLERO WELL

WELL - FREEWAY WELL

WELL - HOLDER WELL

WELL - KNOTT AVENUE WELL

WELL - LINDEN WELL

WELL - SMITH-MURPHY WELL
Overall, the total earthquake insurance program premium is up about $15,000, roughly 4% more than the previous ﬁscal year. This increase is due, in part, to the increase in property values year-over-year and the insurance markets pushing for higher premium rates due to a change in guidelines, reinsurance costs, and costs of capacity.

BUDGET IMPACT
The cost to renew the $25 million Earthquake Insurance policy, which insures all of the essential City facilities listed above, will be approximately $355,750 per year. Funds from the Public Liability Self Insurance Fund are included in the proposed FY 2024-25 budget for this purpose.

Attachments
Reso Earthquake Insurance Att 1of2 Reso.pdf
City of Buena Park_DIC Renewal Proposal_2-19-24.pdf
RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF BUENA PARK, CALIFORNIA, AUTHORIZING THE

PURCHASE OF DIFFERENCE IN CONDITIONS
COVERAGE (I.E. EARTHQUAKE INSURANCE) FOR

ESSENTIAL CITY FACILITIES

WHEREAS, the City desires to insure essential City facilities owned by the City against earthquakes; and

WHEREAS, the City’s insurance broker has marketed the Differences in Conditions coverage and has recommended that the City purchase its earthquake coverage from Lexington Insurance Company/Arch Insurance Company and Underwriter at Lloyd’s of London; and

WHEREAS, The City desires to provide the following facilities with $25,000,000 total coverage:

CITY HALL

POLICE STATION
FIRE STATION NO. 61
FIRE STATION NO. 62
FIRE STATION NO. 63
RESERVOIR (20 Mil Gal.)

RESERVOIR PUMP HOUSE BLDG

LINDEN CIRCLE PUMP HOUSE

WELL - BALL WELL

WELL - BOISSERANC WELL

WELL - CABALLERO WELL

WELL - FREEWAY WELL

WELL - HOLDER WELL

WELL - KNOTT AVENUE WELL

WELL - LINDEN WELL

WELL - SMITH-MURPHY WELL

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. The City Manager is hereby authorized and directed to enter into a contract with Lexington Insurance Company and Underwriter at Lloyd’s of London for Difference in Conditions Coverage to provide Earthquake Insurance for the essential City facilities.

Section 2. The cost of the premium is not to exceed $355,750 for the 12-month period commencing July 1, 2024.

Section 3. The Difference in Conditions Coverage quotation is attached as Exhibit A.

RESOLUTION NO. _______

Page 2 ends

PASSED AND ADOPTED this 25
th day of June 2024, by the following called vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

_________________________________________
Mayor
ATTEST:

_______________________________
City Clerk

I, Adria M. Jimenez, City Clerk of the City of Buena Park, California, hereby certify that the foregoing resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Buena Park, held this 25
th day of June 2024.

______________________________________
City Clerk
City of Buena
Park
Renewal Proposal
Difference in Conditions
(EQ Only)
Policy Period: July 1, 2024 to
July 1, 2025
June 12, 2024
Aon Risk Insurance Services West, Inc.

CA License #0363334
Proprietary & Confidential
Contents
Executive Summary 3
Insured’s Acknowledgement and Instruction to Bind 4
Aon Service Team 5
Premium Summary 6
Quote Comparisons
• Difference in Condition (Earthquake) 7
Details of Payment Terms 9
Services 10
Commercial Risk Solutions U.S. Business Terms 11
General Data Protection Regulation (GDPR) 16
Appendix 21
• Compensation for the Value We Deliver 22
• Copy of Insurance Quotes 23
2 This insurance document is furnished to you as a matter of information for your convenience. It only summarizes the listed proposed policy(ies) and is not intended to reflect all the terms and conditions or exclusions of such proposed policy(ies). Moreover, the information contained in this document reflects proposed coverage as of the effective date(s) of the proposed policy(ies) and does not include subsequent changes. This document is not an insurance policy and does not amend, alter or extend the coverage afforded by the listed proposed policy(ies). The insurance afforded by the listed proposed policy(ies) is subject to all the terms, exclusions and conditions of such policy(ies).

The services and placements outlined in this proposal will be provided in accordance with the terms of the notices and policies set forth in the Commercial Risk Solutions U.S. Business Terms.

Proprietary & Confidential | Proposal Date: 03/13/2024 Edition Date: August 8, 2022
Executive Summary
As always, our goal is to renew your insurance program with the lowest possible premium increase while, at the same time, provide coverage improvements wherever possible.

Overall, the total program premium is up about $15,190.87, or 4.5%. • Difference in Conditions (EQ)
○ The Total Insured Valued (TIV) increased to $102,885,712 this year. Unfortunately, this resulted in a premium increase at 4.5%. The renewal premium is coming out to $208,010.88 for the Primary and $ 147,738.57 for the Excess.

We appreciate the opportunity of serving the insurance and risk management needs of the City of Buena Park. You are a very important client to Aon and we look forward to providing you with the expertise, tools, service and sophisticated solutions to help achieve your vision and success in today’s challenging business environment.
3 Proprietary & Confidential | Proposal Date: 03/13/2024 Edition Date: August 8, 2022
Insured’s Acknowledgement and Instruction to Bind
We hereby acknowledge receipt and review of the information presented in the Renewal Proposal (“Proposal”) dated June 12th, 2024for Difference in Condition (including EQ) provided in the attached Commission Disclosure Report dated June 3, 2020. We hereby instruct Aon Risk Services to bind the insurance program(s) selected by us and understand that our instruction to bind constitutes an acceptance of the terms and conditions and payments described in this Renewal Proposal. We further agree that Aon is entitled to collect from the insurers the compensation set forth in the Commission Disclosure Report.

We request binding the following options as indicated below for the July 1st, 2024 to July 1st, 2025 policy term:

Date:

On behalf of City of Buena Park:
4 Premium including Taxes and FeesCarrierCoverage
$208,010.88Lexington Insurance Co.

Arch Insurance Co.Difference in Conditions (EQ) – Primary ($10M Limit) $147,738.57Underwriters At Lloyds of LondonDifference in Conditions (EQ) – Excess ($15M xs $10M Limit) $355,749.45GRAND TOTAL
Proprietary & Confidential | Proposal Date: 03/13/2024 Edition Date: August 8, 2022
Aon Service Team
Executive Client Contact
Dr. William S. Deeb
Director of Public Entities
+1 213 630 3210
[email protected]
Kyle Powell
Account Executive
+1 213 996 1544
[email protected]
Account Management
5 Proprietary & Confidential | Proposal Date: 03/13/2024 Edition Date: August 8, 2022
Premium Summary
6 2024 – 2025 Program2023 – 2024 Program
$
Change
%
ChangeTOTALCA T&FBroker
FeePremiumCarrierPolicy
DescriptionPremiumCarrierPolicy
Description
$2,905.281.5%$208,010.88$6,410.88$0$201,600.00Lexington Insurance Co.

DIC – EQ
Primary Limit
($10M)
$198,105.60Lexington
Insurance Co.

DIC – EQ
Primary Limit
($10M)
$5,285.593.7%$147,738.57$4,488.57$2,100.00$141,150.00
Underwriters at
Lloyds of
London
DIC – EQ
Excess Limit
($15M xs $10M
$142,452.98
Underwriters at
Lloyds of
London
DIC – EQ
Excess Limit
($15M xs
$10M)
$15,190.874.5%$355,749.45$10,899.45$2,100.00$342,750.00TOTAL$340,558.58TOTAL Proprietary & Confidential | Proposal Date: 03/13/2024 Edition Date: August 8, 2022
Details of Coverage / Policy Term / Premium
Difference in Condition (Earthquake)
7 Renewal Program
7/1/2024– 7/1/2025
(See below for carrier info)
Expiring Program
7/1/2023 – 7/1/2024
(See below for carrier info)
Policy Term
Carrier
A.M. Best Rating
$102,885,712
$4,899,319
$97,986,393
$8,907,854
Total Insurable Values
Change in Values
$342,750.00
$2,100.00
$10,899.45
$355,749.45
$328,100.00
$2,025.00
$10,433.58
$340,558.58
Combined Premium
Fees
CA Taxes & Fees
TOTAL
07/01/2023 – 07/01/2024 PROGRAM
PRIMARY — Lexington Ins. Co. ($5M Limit); A.M Best Rating A XV Arch Specialty Ins. Co., ($5M Limit); A.M. Best Rating A + XV LIMIT(S): $10,000,000 Per Occurrence / Aggregate Applying to the Peril of Earthquake, excluding Flood – No Exclusion for Ensuing Earthquake Water Damage
SUBLIMIT(S): Included – Ordinance or Law Coverage A
$9,145,100 Ordinance or Law Coverage B&C Combined
$2,500,000 Sub-limit on Utility Services – Direct Damage DEDUCTIBLE(S): EQ - $5% of Values subject to a minimum of $25,000 Per Occurrence All Other Perils: $25,000 Per Occurrence
COVERAGE(S): Covering Real Property (Including Walks, Walkways, Driveways, Patios and Other Paved Surfaces; Retaining Walls, Fences & Gates; Foundations (above and below ground) & Supports; Underground Property; Light Poles & Signs), including Excavation & Backfill, Business Personal Property & Ordinance or Law
LOCATION(S): Per Schedule on File with Company
VALUATION: Replacement Cost-Property Damage & Actual Loss Sustained-Time Element COINSURANCE: Nil – Values Must be reported at 100%
EXCLUSIONS: All Other Perils; Flood; Asbestos; Loss Due to Virus or Bacteria; Certain Computer-Related Losses; Chemical and Biological Loss or Damage; Terrorism; Other Exclusions and Limitations Per Form $201,600.00$192,000.00Premium
$6,410.88$6,105.60CA Taxes & Fee
$208,010.88$198,105.60TOTAL
SUBJECTIVITIES: Signed CA D-1 Form, TRIA Form and Statement of Values (SOV) Proprietary & Confidential | Proposal Date: 03/13/2024 Edition Date: August 8, 2022
Details of Coverage / Policy Term / Premium
Difference in Condition (Earthquake) cont.

Renewal Program
7/1/2024 – 7/1/2025
(See below for carrier info)
Expiring Program
7/1/2023 – 7/1/2024
(See below for carrier info)
Policy Term
Carrier
A.M. Best Rating
EXCESS – ($15M xs $10M)
Summit Specialty Insurance Co.; AM Best Rating A VIII; Limits: $2.5M Underwriters at Lloyds, London; AM Best Rating A XV; Limits: $12.5M LIMIT(S): $15,000,000 Excess of $10,000,000 Per Occurrence / Aggregate DEDUCTIBLE(S): EQ – 5% of Values subject to a minimum of $25,000 Per Occurrence LOCATION(S): Per Schedule on File with Company
VALUATION: Replacement Cost
COINSURANCE: Nil – Values Must be reported at 100%
EXCLUSIONS:

Demo, ICC and Utility Services – Direct Damage (will allow for erosion of Primary Sub-limits), Flood, EQSL; Pollution, including but not limited to Mold/Microorganisms; Asbestos and Dioxins; Virus & Bacteria; Computer Related; Equipment Breakdown; Ensuing Loss; Property Cyber and Data exclusions; Radioactive, Biological or Chemical Materials; Seepage, Pollution & Contamination; Contingent Time Element; War & Terrorism; Other Exclusions and Limitations Per Form $140,000.00$135,000.00Premium
$1,150.00$1,100.00Inspection Fee
$2,100.00$2,025.00Broker Fee
$4,488.57$4,327.98CA Taxes & Fees
$147,738.57$142,452.98TOTAL
SUBJECTIVITIES:
 Signed CA D-1 Form, TRIA Form and Statement of Values (SOV) 8 Proprietary & Confidential | Proposal Date: 03/13/2024 Edition Date: August 8, 2022
Details of Payment Terms
Premium is due upon receipt of the invoice, but no later than 30 days from inception.
9 Proprietary & Confidential | Proposal Date: 03/13/2024 Edition Date: August 8, 2022
Services
Aon is available to review and advise on risk management issues, including contract review, certificate review, claims advocacy and the like.

Please let us know of any additional risk management training that might be desired. We can work with your insurance carriers or develop training ourselves.
10 Proprietary & Confidential | Proposal Date: 03/13/2024 Edition Date: August 8, 2022
Commercial Risk Solutions U.S. Business Terms
As Your broker of record, Commercial Risk Solutions U.S. (“Aon,” “We” or “Us” or “Our”) commits to the timely and thorough disclosure of placement strategies, marketing options and broking results. The services We provide to You, Our client (“Client” or “You” or “Your”) will be subject to these Commercial Risk Solutions U.S. Business Terms which, unless You and We agree in writing otherwise, are applicable to Our services to You. 11 Our Services
We deliver Our services based on the information You give Us or which is given to Us expressly on Your behalf. In preparation for placing or renewing Your insurance coverage, We will consult with You regarding insurance market conditions, the insurers We suggest be approached, Our recommended program options to pursue, and Our marketing strategy on Your behalf. By the conclusion of the marketing process, We will provide You with written information regarding the coverage details, policy terms and conditions provided by the markets.

We will assist You in gathering and preparing the underwriting information and completing insurance applications. We rely on You for the accuracy and completeness of any information You or anyone else provides to Us on Your behalf. We will also rely on You to provide Us promptly with the information needed to deliver the services and to update any information provided where there has been a material change to that information that may affect the scope of delivery of the services, such as the nature of the risk, the insured entities, property values and descriptions of persons to be covered. Applications requiring signature will be signed by You.

We will obtain Your instructions to Us to bind specific programs based on the program proposal We provide. We expect You to carefully review all documents We give You, including binders, policies and endorsements, and to advise Us immediately if You detect any mistakes or believe the contents do not address Your needs or instructions.

Aon will administer Your relationship with insurance companies including, where applicable, issues such as billings in connection with selected programs, data reporting, and compliance with negotiated requirements.

We will provide services unless and until either of us notifies the other that Aon is no longer acting as Your broker of record. Subject to applicable state law and contractual arrangements with insurers, any commissions to which We were entitled are fully earned.

Surplus Lines and Other Government Taxes
Insurance may not be available in the admitted marketplace for the terms and conditions specified by the Client. In such event, Aon’s insurance proposal may include one or more insurers not licensed to transact insurance in the states of exposure and such coverage may be placed as surplus lines coverage pursuant to applicable insurance laws governing the placement of insurance with non-admitted insurers. Persons and entities insured by surplus lines insurers cannot avail themselves of the protection and recovery afforded by the state insurance guaranty funds in the event the surplus lines insurer should become insolvent. The states do not audit the finances or review the solvency of surplus lines insurers.

In some instances, these insurance placements made by Aon or its affiliates on the Client’s behalf may require the payment of state surplus lines, excise or other taxes and/or fees in addition to the premium itself.

Aon will endeavor to identify any such tax and/or fee in advance, but in all instances the payment of these taxes and/or fees will remain the responsibility of the Client. Aon will invoice the Client for the payment of such taxes and fees where it is Aon’s responsibility to do so.

Client Responsibilities
Aon will deliver the Included Services based upon the information that the Client and its representatives provide. The Client is responsible for the accuracy and completeness of the information and Aon accepts no liability Proprietary & Confidential | Proposal Date: 03/13/2024 Edition Date: August 8, 2022
Commercial Risk Solutions U.S. Business Terms
Continued
12 under any circumstances, including all costs and expenses, howsoever arising from the Client’s failure to provide such information to Aon. Aon must receive promptly the information to deliver the Included Services as well as the Client’s prompt updates to any information where there has been a material change which may affect the scope or delivery of the Included Services, such as a change in the nature of the risk, insured entities, property values and persons or entities to be covered. An inflationary environment and supply chain delays, among other factors, increase losses and therefore the Client is encouraged to engage professional appraisers to conduct current property valuations to help avoid underinsured losses or delays in loss adjustments.

To the extent that any portion of Aon’s compensation, by operation of law, agreement or otherwise, becomes adjusted or credited to the Client, it is the Client’s responsibility to disclose the actual net cost of the brokerage and insurance costs You have incurred to third party(ies) having an interest in such amounts.

Claims Notification to Insurers
Unless Aon has a specific signed agreement with the Client to the contrary, it is the Client’s responsibility to take such steps as are necessary to notify directly those insurers whose policies may apply to any circumstances, occurrences, claims, suits, demands and losses in accordance with the terms and conditions of Your policies. Aon assumes no duty or responsibility with respect to such notifications or monitoring the Client’s obligation to place insurers on notice unless undertaken in a separate written agreement. The Client may send copies of such notices to members of Aon staff for informational purposes only, but the receipt of such notice by Aon shall not create additional duties or obligations owed by Aon to the Client nor constitute notice to Your insurers.

Contract and Lease Review; General Advice
In instances where Aon provides summaries of contractual requirements or provisions, or any suggested additional or alternative wordings to any contract or lease at the Client’s request, such language must be reviewed by the Client’s legal advisor before You take action based upon Aon’s statements. Aon does not and cannot provide legal advice as to whether the Client’s insurance program covers legal obligations contained in the Client’s contracts or leases. All descriptions of the insurance coverages are subject to the terms, conditions, exclusions and other provisions of the policies or any applicable regulations, rating rules or plans. Furthermore, it is understood that none of the services provided by Aon are of a legal nature and Aon shall not give legal opinions or provide legal advice or representations.

Confidentiality
Aon takes client confidentiality seriously. We have established controls to protect Your information. We are willing to enter an agreement as You may require for the protection of Your confidential data. The Client acknowledges and agrees that the work products provided by Aon are not to be distributed, used or relied upon by third parties without the written consent of both Aon and the Client, except as may be required by Your legal, accounting and non-insurance financial advisors who agree to be bound by this confidentiality agreement.

Intermediaries
Aon encourages its retail brokers to approach markets directly (without an intermediary) wherever possible. However, where Aon believes it is in the Client’s best interest, We may recommend the use of intermediaries, including but not limited to co-brokers, sub-brokers, managing general Proprietary & Confidential | Proposal Date: 03/13/2024 Edition Date: August 8, 2022
Commercial Risk Solutions U.S. Business Terms
Continued
13 agents/managing general underwriters, wholesale brokers, or reinsurance brokers (collectively, “Intermediary”) to assist in the procurement and servicing of the Client’s insurance. Aon prefers, wherever possible, to use the services of an Aon-affiliated Intermediary and Aon shall not be responsible for a non-Aon affiliated Intermediary’s actual or alleged acts, errors, or omissions or those of its officers, directors or employees. Any and all compensation earned by an Intermediary in connection with the programs shall be in addition to the compensation paid to Aon and shall not be credited against the Fee, if any.

Use of Non-personal Data and Information
Client acknowledges that the Aon Group (as defined below) gathers non- personal data about its clients and their related parties in respect of services provided and, where applicable, clients’ (re)insurance placements, including but not limited to names, industry codes, policy types, premium and policy expiration dates, claims and other loss related services, as well as information about the insurance companies that provide coverage to Aon’s clients to compete for such clients’ (re)insurance placements. This information may be shared, subject to local law restrictions, among Aon affiliated businesses, as well as with third-party service providers acting on Aon’s behalf, on a global basis to help carriers strengthen their value proposition to clients with a focus on creating distinctive value for clients.

In addition to being used to provide customized services and recommendations to Aon’s clients, the information may be used for (i) identifying client opportunities; (ii) optimizing and improving Aon products, services and operations; (iii) creating industry reports, conducting benchmarking and undertaking market research; (iv) providing and developing analytical solutions; and (v) performing statistical, financial and risk modelling, among other services. Aon Group members may earn compensation for providing such services to their clients, service providers, (re)insurers and other business partners.

Due to the global nature of services provided by the Aon Group, information that the Aon Group receives may be transmitted, used, stored and otherwise processed outside of the country where the Client submitted the information.

For purposes of this section, ‘Aon Group’ means the Aon group of entities worldwide, being Aon plc, Aon’s ultimate parent company, and all its subsidiaries, related/associated companies, affiliates as well as joint ventures of such subsidiaries, related/associated companies and affiliates.

Use of Logos
Unless otherwise instructed by the Client, Aon will use the Client’s logo, pictures, and other publicly available information to effectively market the Client’s Programs or for use in Aon’s business records.

Premium Remittance
Premiums paid by the Client to Aon for remittance to insurers and Client premium refunds paid to Aon by insurance companies for remittance to the Client are deposited into fiduciary accounts in accordance with applicable insurance laws until they are due to be paid to the insurance company or the Client. Subject to such laws and the applicable insurance company’s consent, where required, Aon will retain the interest or investment income earned while such funds are on deposit in such accounts.

Jury Waiver
Each party agrees to waive its right to a trial by jury in any lawsuit or other legal proceeding against the other party and/or its parent(s), affiliates, or subsidiaries, in connection with, arising out of or relating to these Commercial Risk Solutions U.S. Business Terms or any services provided Proprietary & Confidential | Proposal Date: 03/13/2024 Edition Date: August 8, 2022
Commercial Risk Solutions U.S. Business Terms
Continued
14 to the Client by Aon or its affiliates. In any such action or legal proceeding, neither party shall name, as a defendant any individual employee, officer or director of the other party or its parent(s), affiliates or subsidiaries.

Insurance Proposals and Summaries
Aon’s insurance documents containing proposals to bind coverage, summaries of coverages, and certificates of insurance placed are furnished to clients as a matter of information for Our clients’ convenience.

These documents summarize proposed and placed policies and are not intended to reflect all the terms, conditions and exclusions of such policies. Moreover, the information contained in these documents reflects proposed or placed coverage as of the effective dates of the proposed policies or the date of the summaries and does not include subsequent changes. These documents are not themselves insurance policies and do not amend, alter or extend the coverages afforded by the proposed or placed policies. The insurance afforded by the proposed or placed policies is subject to all the terms, conditions and exclusions contained in such policies as they are issued by the insurers.

Insurer Solvency
While Aon only engages insurers who meet certain requirements as established by Us from time to time, We make no representation, guarantee or warranty as to the solvency or ability of any insurer to pay any amounts for insurance claims or otherwise.

Pricing
Aon does not and cannot guarantee the availability or price of insurance for the Client’s risks and is not responsible for fluctuation in the premiums charged by insurers. Aon will rely on the Client to review and approve any calculation or estimation of premium and Aon is not responsible for any loss occasioned as a result of Aon’s calculation or estimation of premium and statutory charges that may apply to the Client’s insurance.

Mutual Limited Waiver of Liability
Neither party to these Commercial Risk Solutions U.S. Business Terms shall be liable to the other for any indirect, incidental, special, consequential, exemplary, punitive or reliance damages (including, without limitation, lost or anticipated revenues, lost business opportunities or lost sales or profits, whether or not either party has been advised of the likelihood of such damages) or for any attorney’s fees (whether incurred in a dispute or an action against the other, or as alleged damages that any party incurred in any insurance coverage dispute, or otherwise) arising out of services provided by Aon or its affiliates.

Standard Terms and Conditions
Aon assumes no responsibility for the adequacy or effectiveness of programs or coverages that We did not implement or place.

Any loss control services, summaries and/or surveys performed by Aon are advisory in nature and are for the sole purpose of assisting the Client in Your development of Your risk control and safety procedures. Such services and/ or surveys are limited in scope and do not constitute a safety inspection nor verify that the Client is in compliance with federal, state and local laws, statutes, ordinances, recommendations, regulations, consensus codes or other standards.

Insurance Producer’s Role and Compensation
The role of the insurance producer such as Aon in any particular transaction involves review with insurance purchasers about the benefits and terms and conditions of insurance contracts and selling insurance.

Compensation is paid to the producer based on the insurance contract the Proprietary & Confidential | Proposal Date: 03/13/2024 Edition Date: August 8, 2022
Commercial Risk Solutions U.S. Business Terms
Continued
15 producer sells. Depending on the insurer(s) and insurance contract(s) the purchaser selects, as well as the arrangement between the producer and the purchaser, compensation will be paid by the insurer(s) selling the insurance contract or by another third party. Such compensation may vary depending on a number of factors, including the insurance contract(s) and the insurer(s) the purchaser selects.

Unless applicable state law and regulation or contractual agreement between Aon and insurers states otherwise, any commission that Aon is entitled to receive for any placements is fully earned at inception of the insurance programs described in Our insurance proposals and Aon is entitled to retain such commissions in the event of a midterm cancellation of coverage or a reduction in coverage resulting in a premium adjustment.

To the extent that any portion of Aon′s compensation as reflected on its invoices becomes adjusted or credited to Our client, it is the client’s responsibility to disclose the actual net cost to the client of the brokerage and insurance costs incurred to third party(ies) having an interest in such amounts.

In placing, renewing, consulting on or servicing Your insurance coverages, Aon and its affiliates (″Aon″) may participate in contingent commission arrangements with insurance companies that provide for additional compensation, if, for example, certain underwriting, profitability, volume or retention goals are achieved. Such goals are typically based on the total amount of certain insurance coverages placed by Aon with the insurance company or the overall performance of the policies placed with that insurance company rather than on an individual policy basis. As a result, Aon may be considered to have an incentive to place Your insurance coverages with a particular insurance company.

You may obtain information about compensation expected to be received by Aon based in whole or in part on the sale of insurance to You, and (if applicable) compensation expected to be received based in whole or in part on any alternative quotes presented to You by Aon by contacting Your Account Executive or emailing: [email protected].

Limitation of Liability
Aon’s liability to the Client, in total, for the duration of our business relationship for any and all damages, not otherwise waived under these Commercial Risk Solutions U.S. Business Terms, including costs, expenses and attorneys’ fees incurred in any underlying action by the Client that may be or are characterized as “compensatory or other damages”, whether based on contract, tort (including negligence), or otherwise, in connection with or related to Our services (including a failure to provide a service) or any other service that We provide shall be limited to a total aggregate amount of US $2.5 million (“Liability Limitation”), to the fullest extent permitted by law.

This Liability Limitation shall apply to the Client and extend to the Client’s parent(s), affiliates, subsidiaries, and their respective directors, officers, employees and agents (hereinafter, each a “Client Related Entity”) wherever located that seek to assert claims against Aon, and its parent(s), affiliates, subsidiaries and their respective directors, officers, employees and agents (each an “Aon Related Entity”). Nothing in this Liability Limitation section implies that Aon or any Aon Related Entity owes or accepts any duty or responsibility to Client or any Client Related Entity.

If the Client or any Client Related Entity asserts any claims or makes any demands against Commercial Risk Solutions or any Aon Related Entity for a total amount in excess of this Liability Limitation, then the Client agrees to indemnify Aon for any and all liabilities, costs, damages and expenses, including attorneys′ fees, incurred by Aon or any Aon Related Entity that exceeds this Liability Limitation.

Remove this provision or modify the amount of the limitation only in accordance with a current escalation approved by the US LoL Committee.

Proprietary & Confidential | Proposal Date: 03/13/2024 Edition Date: August 8, 2022
General Data Protection Regulation (GDPR)

1. DEFINITIONS AND INTERPRETATION
a. In this GDPR Schedule the followi ng terms shall have the following meanings:
″Affiliate″ means, with respect to a Party, an entity that is Controlled by, Controlling or in common Control with that Party, where ″Control″ means the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting shares, by contract or otherwise;
″Agreement Personal Data″ means any personal data (including any sensitive or special categories of data) that is transmitted, stored or otherwise processed under or in connection with the Agreement; ″Aon Group″ means the Aon group of entities worldwide, being Aon PLC, Aon’s ultimate parent company, and all its subsidiaries, related/associated companies, Affiliates as well as joint ventures of such subsidiaries, related/associated companies and Affiliates; ″DP Laws″ means any applicable data protection and privacy laws relating to the protection of individuals with regards to the processing of personal data including but not limited to (i) the General Data Protection Regulation (EU) 2016/679 (″GDPR″); (ii) the GDPR as transposed into the national laws of the United Kingdom (″UK GDPR″); (iii) Directive 2002/58/EC (″ePrivacy Directive″); (iv) the California Consumer Protection Act of 2018 (″CCPA″) and any corresponding or equivalent United States state or federal laws or regulations including any amendment, update, modification to or re-enactment of such laws (together ″US Privacy Laws″);and (v) any corresponding or equivalent national laws or regulations including any amendment, supplement, update, modification to or re-enactment of such laws;
″Personal Data Breach″ means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to the Agreement Personal Data; ″Restricted Transfer″ means a transfer of the Agreement Personal Data between Client and Aon which, in the absence of the SCCs, would be unlawful under DP Laws;
″SCCs″ means (i) the standard contractual clauses set out in Commission Implementing Decision (EU) 2021/914 for the transfer of personal data to third countries pursuant to the GDPR, as updated, amended, replaced and superseded from time to time (″EU SCCs″); and/or (ii) the UK IDTA;
″Statement of Work″ means a statement of work, work order or other document ancillary to the Agreement, under which Aon or its Affiliates agree or have agreed to provide services to Client or its Affiliates; and
“UK IDTA” means either the International Data Transfer Agreement (the “IDTA”) or the International Data Transfer Addendum to the EU Commission Standard Contractual Clauses (the “UK Addendum”) 16 This GDPR schedule (″GDPR Schedule″) forms part of the Engagement Letter (″Agreement″) between Aon and Client (each a ″Party″ and together the ″Parties″) and any applicable Statement of Work (as defined below).

To the extent that the provisions of this GDPR Schedule conflict with, or are inconsistent with, any provisions in the Agreement, the GDPR Schedule shall prevail.

Proprietary & Confidential | Proposal Date: 03/13/2024 Edition Date: August 8, 2022
General Data Protection Regulation (GDPR)
issued by the UK Information Commissioner under section 119A(1) Data Protection Act 2018.

The terms ″controller″, ″data subject″, ″personal data″, ″processing″, ″processor″, ″sensitive personal data″, ″special categories of data″, ″supervisory authority″ and ″transfer″ shall have the same meanings ascribed to them under the DP Laws.
b. Capitalised terms not defined in Clause 1.1 shall have the meaning ascribed to them elsewhere in the Agreement.
c. Except as modified below, the terms of the Agreement shall remain in full force and effect.

2. PROVISIONS APPLICABLE TO CONTROLLER SERVICES
a. The Parties envisage that under this GDPR Schedule, each Party is a separate controller of the Agreement Personal Data processed for the provision of the services applicable to the Agreement listed in Appendix 1 (″Controller Services″).
b. If the Parties or their Affiliates (as applicable) enter into a Statement of Work, under which Aon agrees to provide services to Client which:
i. are listed in Appendix 1 then the relevant services shall be deemed applicable for the purposes of Appendix 1 from the date of that Statement of Work; or
ii. are not covered by Appendix 1, then the Parties or their Affiliates (as applicable) may agree in writing to update Appendix 1 to insert details of the relevant services.
c. Each Party agrees for its own part that, to the extent that it processes Agreement Personal Data as a separate controller:
i. it will observe all applicable re quirements of DP Laws and this GDPR Schedule in relation to its processing of Agreement Personal Data; and
ii. all Agreement Personal Data collected or sourced by it or on its behalf for processing in connection with the Agreement or which is otherwise provided or made available to the other Party shall have been collected or otherwise obtained in compliance with DP Laws, and may be processed, disclosed and transferred as described in or in connection with the Agreement.
d. Aon and Aon Affiliates may process, transfer and disclose personal data as described in Aon’s privacy notice in particular for (i) the delivery of the Controller Services; (ii) administration of engagement and general correspondence with Client; (iii) screening of individuals associated with Client against international sanctioned parties lists; and (iv) aggregation, de-identification and, where feasible, full anonymisation of personal data for benchmarking, market research and data analysis purposes associated with the development of Aon Group’s products and services.
e. The Parties will work together in good faith to ensure information prescribed by DP Laws is made available to relevant data subjects, including where necessary the Client’s provision of such information to data subjects on Aon’s behalf.
f. Each Party shall implement appropriate technical and organisational security measures in relation to the processing of the Agreement Personal Data under or in connection with the Agreement, which shall ensure a level of security appropriate to the risk including, as appropriate, (i) pseudonymisation and encryption; (ii) the ability to Continued
17 Proprietary & Confidential | Proposal Date: 03/13/2024 Edition Date: August 8, 2022
General Data Protection Regulation (GDPR)
ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services; (iii) the ability to restore the availability and access to the Agreement Personal Data in a timely manner in the event of a physical or technical incident; and (iv) a process for regularly testing, assessing and evaluating the effectiveness of those measures.
g. Aon shall maintain a global data governance framework which mandates strict technical and organisational security measures applicable to the processing of Agreement Personal Data including those relating to, without limitation, access control, data handling, malware protection, security organisation, system configuration and hardening, personnel security, physical security, business continuity plans and disaster recovery and third party security.
h. Aon shall retain the Agreement Personal Data pursuant to its corporate record retention schedules for the purposes of meeting Aon’s legal and regulatory obligations, and enabling Aon to establish, exercise or defend legal claims.
i. If either Party receives any compla int, notice or communication from a supervisory authority which relates to the other Party’s: (i) processing of the Agreement Personal Data; or (ii) potential failure to comply with DP Laws in respect of the Agreement Personal Data, that Party shall direct the supervisory authority to the other Party. j. If a data subject makes a written request to a Party to exercise any of their rights in relation to the Agreement Personal Data that concerns processing of the other Party, that Party shall direct the data subject to that other Party.
k. If either Party becomes aware of a Personal Data Breach that requires notification to a supervisory authority, it shall notify the l. other Party without undue delay, and each Party shall co-operate with the other, to the extent reasonably requested, in relation to any notifications to supervisory authorities and/or to affected data subjects.
l. The Parties acknowledge that Agreement Personal Data may be transferred or otherwise processed or transferred outside the United Kingdom and the European Economic Area (″International
Transfers″) provided that such International Transfer is made in compliance with DP Laws, including, if applicable, by adoption of SCCs, or such other international transfer mechanism that effectively complies with DP Laws.
m. With respect to Restricted Transfers, the SCCs are hereby incorporated into this Agreement by reference and will come into effect upon the commencement of any such Restricted Transfer, and the following terms shall apply. In each case, the data exporter is the Party or its Affiliates (as applicable) disclosing the personal data and the data importer is the Party or its Affiliates (as applicable) receiving the personal data:
i. where a Restricted Transfer is subject solely to the GDPR the following terms shall apply:

1. Annex IA of the EU SCCs will be populated with the details of the Parties set out in the Agreement, Annex IB of the EU SCCs will be populated with the description of processing of personal data set out in Appendix 1 to this GDPR Schedule; and

2. For the purposes of Module 1 of the EU SCCs: clause 7 and the optional language in clause 11(a) shall not apply, the supervisory authority for the purposes of clause 13(a) shall be Continued
18 Proprietary & Confidential | Proposal Date: 03/13/2024 Edition Date: August 8, 2022
General Data Protection Regulation (GDPR)
determined by the place of establishment of the data exporter, the governing law and choice of forum and jurisdiction
stipulated in the Agreement shall apply to the extent that it is the law and the courts of an EU member state otherwise it shall be those of the Republic of Ireland, and the technical and organizational security measures set out in Clauses 2.6 and

2.7 shall apply. The frequency of the transfer shall be continuous, as necessary to deliver the Controller Services, and retention shall be determined by Aon’s corporate record retention schedules and policies.
ii. where a Restricted Transfer is subject to both GDPR and UK GDPR the following terms with respect to the UK Addendum shall, in addition to Clause 2.13(a) above, also apply:

1. the EU SCCs shall be read in accordance with, and deemed amended by, the provisions of Part 2 (Mandatory Clauses) of the UK Addendum; and

2. the Parties confirm that the information required for the purposes of Part 1 (Tables) of the UK Addendum is set out in the Agreement.
iii. where a Restricted Transfer is subject solely to the UK GDPR the Parties confirm that the information required for the purposes of Part 1 (Tables), Part 2 (Extra Protection Clauses) and Part 3 (Commercial Clauses) of the IDTA is set out in the Agreement and Appendix 1 to this GDPR Schedule and the technical and organizational security measures set out in Clauses 2.6 and 2.7 shall apply.
n. For the avoidance of doubt (and without prejudice to third party rights for data subjects under the SCCs) the Parties hereby submit to the limitations stipulated in the Agreement with respect to their respective liability towards one another under the SCCs. o. To the extent that there is any conflict or inconsistency between the terms of the SCCs and the terms of the Agreement, the terms of the SCCs shall take precedence.
p. If, and to the extent that, the European Commission or the United Kingdom issues any amendment to, or replacement of, the EU SCCs or the UK IDTA pursuant to Article 46(5) or Article 46 of the GDPR or UK GDPR, the Parties agree in good faith to take such additional steps as necessary to ensure that such replacement terms are implemented across all transfers.
q. If, at any time, a supervisory authority or a court with competent jurisdiction over a Party mandates that transfers from controllers in the EEA or the United Kingdom to controllers established outside the EEA or the United Kingdom must be subject to specific additional safeguards (including but not limited to specific technical and organisational measures), the Parties shall work together in good faith to implement such safeguards and ensure that any transfer of personal data is conducted with the benefit of such additional safeguards.

Continued
19 Proprietary & Confidential | Proposal Date: 03/13/2024 Edition Date: August 8, 2022
General Data Protection Regulation (GDPR)
Appendix 1. Controller Services
Description of processing
Where applicable, for the purposes of the SCCs, Agreement Personal Data is processed for the purposes of providing the Controller Services listed below and is processed for the duration of the Agreement. Processing operations may be set out more specifically in the Agreement and/or any applicable Statement of Work
Continued
20 Categories of Data
SubjectType of Personal DataServiceSolution Line
• Insured
individuals
• Claimants
• Beneficiaries
• Basic personal details (name, address, date of birth, age, gender, nationality)
• Family, lifestyle and social circumstances
• Employment and professional qualifications
• Information on account opening forms
• Identification and verification data (including images of ID card or passport)
• Financial details
• Information about shareholdings where relevant to the insurance
• Insurance details (type and amount of insurance, details of claim)
• Medical history where relevant to the services
(I) Insurance and reinsurance broking and consultancy
services and (II)Aon M&A and Transaction Solutions (AMATS):
(I) Advising on insurance and/or reinsurance contracts
(″Contracts″), arranging deals in Contracts, making
arrangements with a view to transactions in Contracts, dealing as agent in Contracts, and assisting in the administration and performance of Contracts and consulting on risks and
insurance and re-insurance claims;
(ii) Advising on risk and insurance, risk and insurance due diligence, cyber security consultancy and cyber due diligence, human capital due diligence (pensions, health and benefits, compensation), IP consultancy.

Commercial Risk
Solutions and
Reinsurance
Solutions
Proprietary & Confidential | Proposal Date: 03/13/2024 Edition Date: August 8, 2022
Proprietary & Confidential | Proposal Date: 03/13/2024 Edition Date: August 8, 2022
Appendix
• Compensation for the Value We Deliver
• Copies of Insurer Quotes
21 Proprietary & Confidential | Proposal Date: 03/13/2024 Edition Date: August 8, 2022
Compensation for the Value We Deliver
Aon is an insurance broker and, when serving as your retail insurance broker, in addition to or in lieu of compensation you may pay, Aon may earn compensation which relates in whole or in part to your insurance placement.

For policy level commissions, Aon endeavors to receive compensation using standard commission rates by line of business that we seek to achieve with insurers in advance of individual policy placements. We believe this creates a fairer marketplace among insurers and allows our insurers to focus on the client’s needs and risk history, not on commission rate negotiation. In turn, because insurers will be evaluated on their capabilities, clients will be able to more easily compare quotes.

Aon’s standard commission rates differ by line of business and, when placed in the U.S. market, are up to the following commission rates: Aviation, 17.5%; Casualty, 18.5%; Cyber, 17.5%; Energy, 20%; Entertainment, 20%; Environmental, 18%; Marine 20%; Med Mal/ Healthcare, 17.5%; Professional/ E&O,17.5%; Property, 18%; Product Recall, 20%; Financial Lines, 18%; Healthcare, 20%; Surety, 35%; Terrorism, 25%; Trade Credit, 17.5%; and Workers Compensation, 15%. Where an Aon broker is placing a policy in the London or Bermuda market, Aon endeavors to earn 20% on those lines of business. Where Aon has created a facility with proprietary terms and conditions negotiated, the Aon standard commission rates range from 20% – 22.5%.

Some lines of business are not conducive to standardization because they are subject to state filing regulations, state-specific rates and/or industry-specific rates. The standard commission rates we achieve do not include program business (e.g., franchises, sponsored groups) or large deductible programs.

In addition, Aon provides certain administrative and other related placement services to markets. Compensation of up to 7.5% for these services may take the form of a national additional commission (NAC) or a subscription market brokerage (SMB). Collecting these commissions will not change the premium quoted.

Compensation paid to Aon may vary based upon a number of factors, including the insurance contract and the insurer you select, the volume of business and/or profitability of business we place with each insurer. Therefore, Aon may be considered to have an incentive to place insurance coverages with a particular insurance company. We strive for transparency with each Client and the final decision regarding coverage and market options is the Client’s decision.

If you are interested in receiving Aon’s standard commission grid and/or a Commission Disclosure Report identifying the individual commission rates on your placements or compensation expected to be received based in whole or in part on any alternative quotes, ask your Account Executive or write us at [email protected].
22 Aon 1
City of Buena Park Commission Disclosure Report
Policy Eff
Date LOB Description Carrier Name Intermediary, if
applicable Premium Quoted AON
Commission Rate
National Add'l
Commission Rate
Total Cost to
Client
7/1/2024 DIC Lexington Insurance Company 100,800 $ 10.00% 100,800 $ 7/1/2024 DIC Lloyd's of London 141,150 $ 10.00% 141,150 $ 7/1/2024 DIC Arch Specialty Insurance Company 100,800 $ 10.00% 100,800 $ 342,750$ 342,750 $
Disclosures
Edition Date: June 8th, 2024

1. Aon is an insurance broker and, when serving as your retail insurance broker, in addition to or in lieu of compensation you may pay, Aon may earn compensation which relates in whole or in part to your insurance placement. Such compensation may vary based upon a number of factors, including but not limited to the involvement of third parties, the insurance contract and the insurer you select, if we perform administrative activities at the time of placement or during the period of insurance in relation to specific products and facilities which facilitate the insurers’ own activities, as well as the volume and/or profitability of business we place with each insurer.

City of Buena Park
07/01/2024 - 07/01/2025
Prepared for:

Kyle Powell
AON Risk Services, Inc.

Prepared by:

Shaida Monshi
213.593.3417
[email protected]
Date: 06/12/2024
Quote Expires In: 19 Days
633 West 5th Street, Suite 2000, Los Angeles, CA 90071
File#: BR103595-02
Insurance Proposal
We are pleased to offer the following Quotation for your review which has been obtained solely on the basis of your instructions to us. Note this Quotation may be withdrawn at any time prior to acceptance and coverage may not be bound without prior consent from the insurer as confirmed in writing by Brown & Riding.

Please note that the coverage, terms, and conditions described in this Quotation may differ from those requested in Producer’s original submission. Producer is responsible for reviewing the suitability of coverage, terms, and conditions with the insured and for reconciling any differences between this Quotation and your original submission to us.

INSURED:

City of Buena Park
MAILING ADDRESS:
6650 Beach Boulevard
Buena Park, CA, 90621
POLICY TERM:
07/01/2024 - 07/01/2025

INSURER STATUS
Arch Specialty Insurance Company Non Admitted
PREMIUM BREAKDOWN:

Premium $ 100,800.00
CA SL Tax $ 3,024.00
CA Stamping Fee $ 181.44
Total Gross Amount $ 104,005.44
COMMISSION: 10.00 % of premium excluding fees and taxes. Balance is due within 20 days of binding.
25% MINIMUM RETAINED PREMIUM IN THE EVENT OF CANCELLATION. NO FLAT CANCELLATIONS.

Brown & Riding Insurance Services, Inc., 0592033
Date: 06/12/2024
Quote Expires In: 19 Days
633 West 5th Street, Suite 2000, Los Angeles, CA 90071
File#: BR103595-02
TERMS
Terms and Conditions per Attached Carrier Quote

Perils:

DIC including EQ, excluding Flood - No Exclusion for Ensuing EQ Water Damage

Covering:

Covering Real Property (Including Walks, Walkways, Driveways, Patios, and Other Paved Surfaces; Retaining Walls, Fences & Gates; Foundations (above and below ground) & Supports; Underground Property; Light Poles & Signs), including Excavation & Backfill, Business Personal Property & Ordinance or Law

Limits:
$5,000,000 part of $10,000,000 Per occurrence and in the Annual Aggregate as Respects to the Peril of Earthquake

Sub-limits (50%):

Included – Ordinance or Law Coverage A
$5,000,000 p/o $10,000,000 – Ordinance or Law Coverage B & C Combined $2,500,000 –Utility services - Direct Damage and Time Element

Coinsurance:

Nil

Valuation:

Replacement Cost

TIV:
$102,885,712

Deductible:

EQ: 5% of Values Per Unit of Insurance, Subject to a Minimum of $25,000 Per Occurrence AOP: $25,000 Per Occurrence

Occurrence Limit of Liability (Item 2b Deleted)

SUBJECTIVITY(IES)
A 1% broker fee will be applied to any AP Endorsements
Signed TRIA
Signed SOV
Signed D-1
60/10 NOC
TRIPRA
Date: 06/12/2024
Quote Expires In: 19 Days
633 West 5th Street, Suite 2000, Los Angeles, CA 90071
File#: BR103595-02
Declined -Pursuant to the Terrorism Risk Insurance Act (TRIA), as Outlined on the Attached, Coverage for Certified Acts of Terrorism is Available for an Additional Premium of $96,000 Plus Any Applicable Taxes & Fees.

Brown & Riding will bind or place insurance solely upon the written instructions of Producer. Brown & Riding assumes no legal obligation as to the insurance applicant, insured, or known or unknown third parties regarding the suitability, adequacy, or appropriateness of limits, terms, conditions, exclusions, and other policy features.

Producer guarantees payment of premium for risks placed through Brown & Riding. If Producer does not make timely payment of any sums due Brown & Riding, then the policy may be canceled for non- payment of premium.

By binding this coverage, the Retailer confirms that the prospective insured has (1) been advised of the right to receive policy documents in paper format; and (2) has consented to receive all such documents electronically.

Please note that in placing or attempting to place insurance requested by Producer, we perform several tasks, which may or may not include: review of losses, risk modeling, coverage comparison, coverage negotiation with various carrier representatives, policy review, policy issuance and servicing. We may charge a fee for these services in addition to any commission that may be payable to us by the carrier with which we bind your client’s business. Fees charged at binding will be fully earned. Producer shall be responsible for disclosing to Producer's customer all Brown & Riding fees, income, and charges.

Regards,
Shaida Monshi

Page 1 of 4 ends

ARCH SPECIALTY INSURANCE AGENCY, INC.

License No: 0D65274
Renewal Quote
Date
To From
Original Insured
Re 2657158
ESP1046808-00
Proposed Policy Period July 1, 2024
Expiration:

Insurer
A+ A+
$102,885,712 Total Insurable Values
Standard & Poor’s Rating:AM Best Rating:

Non-Admitted Carrier
Arch Specialty Insurance Company
(12:01 A.M. Standard time at the address of the Insured shown above) July 1, 2025
Effective:

Please read all of the following terms and conditions shown below carefully as they may not conform to the specifications shown on your submission.

Renewal of:

Property Quotation #:

Buena Park, CA 90621
6650 Beach Boulevard
City of Buena Park
[email protected]
(213)452-7060
Tamar Morkos
VP, E&S Property
(213) 283-3553
[email protected]
Andreana Lopez
Brown & Riding Insurance Services,
Inc.
633 West 5th Street
Suite 2000
Los Angeles, CA 90071
June 3, 2024
Archinsurance.com
Tel: (866) 413-5550
Jersey City, NJ 07311-1107
Mailing Address:

Harborside 3
210 Hudson Street, Suite 300
(A Missouri Corporation)

Page 2 of 4 ends

100% Program Limit
(all layers)
Arch Participation
100% Program Sub-
limits
Coverage
The United States of America (Including its territories and possessions) and Puerto Rico As per schedule on file received on 04/02/2024
Difference In Conditions Including Earthquake but excluding Flood - No Exclusion for Ensuing Earthquake Water Damage
subject to policy terms, conditions, and exclusions
Covered Property
Valuation

NIL as respects Real and/or Personal Property
Policy Terms and Conditions
Our limit is subject to no other property insurance participation by any Arch Insurance legal entity, including any MGA writing on behalf of Arch Insurance such as Ventus Risk Management and reThought Insurance Corporation.

Receipt of Primary Policy within 45 days of binding
Additional Covered Property: Walks, Walkways, Driveways, Patios, other Paved Surfaces, Retaining Walls, Fences, Gates, Foundations (above and below ground) and Supports, Underground Property, Light Poles, Signs, Excavation and Backfill.

Definition of Occurrence is 168 Hours
Policy Conditions
Co-Insurance
Covered Perils
Location(s) Covered
Coverage Territory
All Other Perils: $25,000 Per Occurrence
Earthquake: 5% Per unit, subject to $25,000 minimum per occurrence Deductibles
Ordinance or Law Coverage A - Included
Ordinance or Law Coverage B & C Combined - $5,000,000
Utility Services - Direct Damage and Time Element (Excluding Overhead Transmission Lines) - $2,500,000
All sub-limits shown below are the 100% program sub-limits which apply on a ground-up basis over all participating layers of insurance. Arch Specialty Insurance Company’s participation, if any, in such sub-limits shall be in proportion to Arch Specialty Insurance Company’s participation in the overall limits for this account, as detailed in the Participation Section above. Sub-limits are part of and not in addition to the 100% Program Limit shown above and are per occurrence unless otherwise indicated.

50.0000% being $5,000,000 Per Occurrence and Annual Aggregate part of $10,000,000 Per Occurrence and Annual Aggregate and excess of deductibles $25,000,000
(Ground Up – Per Occurrence)
Limit of Liability
Business Personal Property
Replacement Cost as respect to Real and Business Personal Property Real Property

Page 3 of 4 ends

Policy Form Description
Cancellation
Minimum Earned
Premium
Applicable Policy Forms
Form Name

COMMERCIAL PROPERTY DECLARATIONS (ASIC)

SCHEDULE OF FORMS AND ENDORSEMENTS

CALIFORNIA IMPORTANT NOTICE

SIGNATURE PAGE (ARCH SPECIALTY)
MINIMUM EARNED PREMIUM CLAUSE – PERCENTAGE

COMMON POLICY CONDITIONS

CHOICE OF LAW, CONSENT TO JURISDICTION, LIMITATION OF ACTIONS AND

SERVICE OF SUIT
CLAIMS HANDLING PROCEDURES (Arch Specialty Ins. Co.)

TERRORISM COVERAGE DISCLOSURE NOTICE

EXCLUSION OF TERRORISM INVOLVING NUCLEAR, BIOLOGICAL, OR CHEMICAL

TERRORISM

TOTAL TERRORISM EXCLUSION
U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL ("OFAC")

OCCURRENCE LIMIT OF LIABILITY ENDORSEMENT

AMENDMENT OF OCCURRENCE LIMIT OF LIABILITY ENDORSEMENT

EXCLUSION AND LIMITED ADDITIONAL COVERAGE FOR FUNGUS

EXCLUSION OF LOSS DUE TO VIRUS OR BACTERIA

ELECTRONIC DATA EXCLUSION

POLLUTION AND CONTAMINATION EXCLUSION ENDORSEMENT

ASBESTOS MATERIAL REMOVAL LIMITATION

AUTHORITIES EXCLUSION

APPRAISAL

PRE-EXISTING DAMAGE EXCLUSION

BROKER POLICY MANUSCRIPT FORM

PROPERTY FOLLOWING FORM COVERAGE PART
Premium
$201,600.00
$100,800.00Arch Premium
Arch Share Premium Breakdown
100% Layer Premium excluding TRIPRA
00 EXP0183 00 11 14
00 EXP0132 00 11 14
00 EXP0225 00 03 21
00 EXP0190 00 02 15
00 EXP0189 00 02 15
00 PRP0042 00 06 15
00 PRP0006 00 04 16
00 EXP0192 00 03 15
00 EXP0003 00 08 14
00 EXP0199 00 01 16
00 EXP0078 00 03 24
00 ML0065 00 06 07
00 EXP0125 00 06 06
00 EXP0127 00 06 06
00 MLT0031 00 12 19
06 CP0002 00 03 08
00 ML0325 00 03 23
00 EXP0091 00 11 03
00 EXP0009 00 11 14
06 ML0002 00 12 14
00 ML0213 05 01 20
00 ML0012 00 01 03
06 EXP0001 00 07 16
Form Number

25.00%
60 Days / 10 Days for Non-Payment
Cancellation by Company is on a prorata basis
Cancellation by Insured is on a short rate basis
Excess Property Following Form
Subject To
Signed and Dated Terrorism Disclosure Notice (If Rejected) Surplus Line Broker Information

Page 4 of 4 ends

$100,800.00
$100,800.00
$201,600.00
TRIPRA Certified Acts
of Terrorism
Broker:

Invoice Disclaimer
Surplus Lines Agent
License Number
Tamar MorkosAuthorized by
Signature
This policy will be issued by a surplus lines insurer. Compliance with applicable laws and payment of the surplus lines premium taxes is the responsibility of the Insured, insurance agent or insurance broker. Applicable taxes and fees are not included in the premium due for the insurance coverage bound. It is the responsibility of the Agent/ Broker firm to provide the Company with the name, license number and a copy of the surplus lines broker’s surplus lines license in the state in which the Insured is located (for New Jersey business, please also provide the Surplus Lines Transaction number). It is the responsibility of the Agent/ Broker firm to conform to the Laws and Regulations of the applicable jurisdictions, including but not limited to, payment of surplus lines premium taxes, procuring of affidavits and compliance with surplus lines laws. 0592033
Los Angeles, CA 90071
633 West 5th Street
Suite 2000
Brown & Riding Insurance Services, Inc.

Please advise if there are any questions regarding this quote or if we are to bind.

If, between the date of the original submission and the effective date of the policy, there is a material change in any of the information (including but not limited to claims or potential claims) originally submitted or subsequently requested by Arch, the Insured is required to notify Arch immediately. Arch reserves the right to terminate or modify the terms of this quote in the event of a material change in such information.

This quote is valid for 30 days or until the proposed effective date, whichever occurs first.

17.50%Commission
Premium for the Arch Share for the optional coverage for Certified Acts of Terrorism is as per the provisions of the Terrorism Risk Insurance Program Reauthorization Act of 2019 and is in addition to and not included in the Arch Share premium above. We can include coverage as required by TRIPRA for an additional premium as displayed above. Note that terrorism coverage would not be provided at locations outside of the United States of America. If this optional coverage is rejected, then the attached Terrorism Coverage Disclosure Notice must be signed by the Insured and returned at the time of binding.

Arch Total Premium including TRIPRA
TRIPRA Certified Acts of Terrorism Premium
Arch Total Premium excluding TRIPRA
Payment of premium is due 30 days from the policy effective date. Should the premium not be received by the due date, notice of cancellation for non-payment of premium will be issued.

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Page 1 of 100 ends

TERRORISM COVERAGE DISCLOSURE NOTICE

TERRORISM COVERAGE PROVIDED UNDER THIS POLICY
The Terrorism Risk Insurance Act of 2002 as amended and extended by the subsequent Terrorism Risk Insurance Program Reauthorization Acts (collectively referred to as the “Act”) established a program within the Department of the Treasury, under which the federal government shares, with the insurance industry, the risk of loss from future terrorist attacks. An act of terrorism is defined as any act certified by the Secretary of the Treasury, in consultation with the Secretary of Homeland Security and the Attorney General of the United States, to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of an air carrier or vessel or the premises of a United States Mission; and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion.

In accordance with the Act, we are required to offer you coverage for losses resulting from an act of terrorism that is certified under the federal program as an act of terrorism. The policy’s other provisions will still apply to such an act. This offer does not include coverage for incidents of nuclear, biological, chemical, or radiological terrorism which will be excluded from your policy. Your decision is needed on this question: do you choose to pay the premium for terrorism coverage stated in this offer of coverage, or do you reject the offer of coverage and not pay the premium? You may accept or reject this offer.

If your policy provides commercial property coverage, in certain states, statutes or regulations may require coverage for fire following an act of terrorism. In those states, if terrorism results in fire, we will pay for the loss or damage caused by that fire, subject to all applicable policy provisions including the Limit of Insurance on the affected property. Such coverage for fire applies only to direct loss or damage by fire to Covered Property. Therefore, for example, the coverage does not apply to insurance provided under Business Income and/or Extra Expense coverage forms or endorsements that apply to those coverage forms, or to Legal Liability coverage forms or Leasehold Interest coverage forms.

Your premium will include the additional premium for terrorism as stated in the section of this Notice titled DISCLOSURE OF PREMIUM.

DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States Government, Department of the Treasury, will pay a share of terrorism losses insured under the federal program. The federal share equals 80% in years 2020 through 2027 of that portion of the amount of such insured losses that exceeds the applicable insurer deductible during Calendar Year 2020 and each Calendar Year thereafter through 2027.

DISCLOSURE OF CAP ON ANNUAL LIABILITY
If the aggregate insured terrorism losses of all insurers exceed $100,000,000,000 during any Calendar Year provided in the Act, the Secretary of the Treasury shall not make any payments for any portion of the amount of such losses that exceed $100,000,000,000, and if we have met our insurer deductible, we shall not be liable for the payment of any portion of such losses that exceeds $100,000,000,000.

DISCLOSURE OF PREMIUM
Your premium for terrorism coverage is: $100,800.00
(This charge/amount is applied to obtain the final premium.) You may choose to reject the offer by signing the statement below and returning it to us. Your policy will be changed to exclude the described coverage. If you chose to accept this offer, this form does not have to be returned.

REJECTION STATEMENT
City of Buena Park
Arch Specialty Insurance Company
Date: Policy Number: ESP1046808-01
Insurance CompanyPrint Name of Policyholder/Legal
Representative /Applicant
Named InsuredPolicyholder/Legal Representative/Applicant’s Signature
I hereby decline to purchase coverage for certified acts of terrorism. I understand that an exclusion of certain terrorism losses will be made part of this policy.

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

Page 1 of 100 ends

U.S. TREASURY DEPARTMENT’S OFFICE OF FOREIGN
ASSETS CONTROL (“OFAC”)

ADVISORY NOTICE TO POLICYHOLDERS
No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided.

This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully.

The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of “national emergency”. OFAC has identified and listed numerous:
as “Specially Designated Nationals and Blocked Persons”. This list can be located on the United States Treasury’s web site – http://www.treas.gov/ofac.

In accordance with OFAC regulations, if it is determined that you or any other insured, or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as identified by OFAC, this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. ●
Front organizations;
●
Terrorist organizations; and
● Narcotics traffickers;
●
Terrorists;
●
Foreign agents;

Page 1 of 1 ends

June 03, 2024
Andreana Lopez
Brown & Riding Insurance Services, Inc.

Sent via Email
ESP1046808-01
July 01, 2024 – July 01, 2025
Dear Andreana Lopez,
The above captioned policy is written through your office on a surplus lines basis. As a surplus lines broker, you acknowledge and agree it is your responsibility to arrange for the collection and payment of the appropriate surplus lines tax as well as the filings of any applicable tax affidavit.

Please validate the information shown below is correct, or provide any missing information to us as soon as possible but no later than thirty (30) days after the policy effective date. ***** ***** ***** ***** ***** BROKER USE ONLY ***** ***** ***** ***** ***** Regards,
Property Department
Re: City of Buena Park
S/L Agent’s Name: Brown & Riding Insurance Services, Inc.

S/L Agent’s Address:

S/L Agent’s License #:

State in which surplus lines taxes were filed:

Texas: If the Insured filed directly with the State of Texas, please forward to Arch Insurance Group a copy of the completed “Independently Procured Insurance” form New Jersey: Transaction Number required:

CA
0592033
633 West 5th Street, Suite 2000, Los Angeles, CA 90071 T: (866) 413-5550
F: (415) 490 9600
archinsurance.com
Arch Specialty Insurance Agency Inc.

Harborside 3
210 Hudson Street, Suite 300
Jersey City, NJ 07311-1107

SPECIMEN
Includes copyrighted material of
Insurance Services Office, Inc., with its permission
© 2024 Arch Insurance Group, Inc.

Page 1 of 200 ends

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

OCCURRENCE LIMIT OF LIABILITY ENDORSEMENT
This endorsement modifies insurance provided under this Policy.

It is agreed that the following special terms and conditions apply to this policy:

1. The DEFINITIONS Section of the policy and any forms or endorsements attached thereto are amended by the addition of the following Definitions:
a. “Occurrence” shall mean any one loss, disaster, casualty or series of losses, disasters or casualties, arising out of one event. The duration and extent of any one loss, disaster, casualty or series of losses, disasters or casualties will be limited to all losses or series of losses occurring during any period of 168 consecutive hours arising out of, and directly occasioned by, the same event.

When the term applies to loss or series of losses from the perils of tornado, cyclone, hurricane, windstorm, hail, flood, earthquake, earth movement, volcanic action, volcanic eruption, riot, riot attending a strike, civil commotion, and vandalism and malicious mischief, terrorism, one event shall be construed to be all losses arising during a continuous period of 72 hours. When filing proof of loss, you may elect the moment at which the 72 hour period shall be deemed to have commenced, which shall not be earlier than when the first loss occurs to any Covered Property.
b. “Program” shall mean the sum of all policies from all insurance companies issued to you, inclusive of any self-insurance which may be arranged in one or more layers that provide coverage up to an agreed Program limit.
c. “Statement of Values” shall mean any statement, spreadsheet, or schedule provided by you or your agent or representative and reviewed and accepted by us, which identifies the locations covered under our policy and the values for individually Scheduled Items related to each location.
d. “Scheduled Item” shall mean any separately identified value on the Statement of Values, including but not limited to a building-specific or location-specific value for real property, personal property, improvements and betterments, mobile equipment, stock/inventory, machinery and equipment, inventory in transit, business income, business interruption, gross earnings, gross profits and/or rental value. While the Statement of Values may include a Total Insured Value (“TIV”) for each building or location, the TIV is not a “Scheduled Item.”

2. The premium for this policy is based upon the Statement of Values on file with us, or attached to this policy. In the event of loss hereunder, your recovery prior to the application of paragraphs 3, 4 and 5 is limited to the least of the following:
a. The actual adjusted amount of loss for each individually Scheduled Item insured which suffered loss or damage.
b. The individually stated value for each Scheduled Item of interest insured which suffered loss or damage, as shown on the latest Statement of Values on file with us, or attached to this policy.
c. The Limit of Liability or Amount of Insurance shown on the Declarations Page or endorsed onto this policy.

SPECIMEN
Includes copyrighted material of
Insurance Services Office, Inc., with its permission
© 2024 Arch Insurance Group, Inc.

Page 2 of 200 ends

3. After the amount of your recovery is determined pursuant to paragraph 2 above, the amount of our liability shall be determined by applying any underlying insurance, self-insurance, applicable deductibles, and our percentage of the risk as specified elsewhere in the Policy.

4. If, under the terms of this policy, our participation is limited to a percentage or part of the overall Program limits of liability provided by all insurers, this endorsement does not increase our percentage of participation or decrease our attachment point.

5. The Limit of Liability or Amount of Insurance shown on the Declarations Page of this policy, or endorsed onto this policy, is the total limit of our liability applicable to each “occurrence”.

Notwithstanding any other terms and conditions of this policy, in no event shall our liability exceed this limit or amount, irrespective of the number of locations involved.

All other terms and conditions of this Policy remain unchanged.

Endorsement Number:

Policy Number:

Named Insured:

This endorsement is effective on the inception date of this Policy unless otherwise stated herein:

Endorsement Effective Date:

City of Buena Park
07/01/2024 - 07/01/2025
Prepared for:

Kyle Powell
AON Risk Services, Inc.

Prepared by:

Shaida Monshi
213.593.3417
[email protected]
Date: 06/12/2024
Quote Expires In: 19 Days
633 West 5th Street, Suite 2000, Los Angeles, CA 90071
File#: BR103595-03
Insurance Proposal
We are pleased to offer the following Quotation for your review which has been obtained solely on the basis of your instructions to us. Note this Quotation may be withdrawn at any time prior to acceptance and coverage may not be bound without prior consent from the insurer as confirmed in writing by Brown & Riding.

INSURED:

City of Buena Park
MAILING ADDRESS:
6650 Beach Boulevard
Buena Park, CA, 90621
POLICY TERM:
07/01/2024 - 07/01/2025

INSURER STATUS
Underwriters at Lloyds of London Non Admitted
PREMIUM BREAKDOWN:

Premium $ 140,000.00
Broker Fee $ 2,100.00 Fully earned at inception
Company Fee $ 1,150.00 Fully earned at inception
CA SL Tax $ 4,234.50
CA Stamping Fee $ 254.07
Total Gross Amount $ 147,738.57
COMMISSION: 10.00 % of premium excluding fees and taxes. Balance is due within 20 days of binding.
25% MINIMUM RETAINED PREMIUM IN THE EVENT OF CANCELLATION. NO FLAT CANCELLATIONS.

Brown & Riding Insurance Services, Inc., 0592033
Date: 06/12/2024
Quote Expires In: 19 Days
633 West 5th Street, Suite 2000, Los Angeles, CA 90071
File#: BR103595-03
TERMS
Terms and Conditions per Attached Carrier Quote

Perils:

Excess DIC including EQ, excluding Flood - No Exclusion for Ensuing EQ Water Damage

Covering:

Limits:
$15,00,000 Excess of $10,000,000 Per occurrence and in the Annual Aggregate as Respects to the Peril of Earthquake

Coinsurance:

Nil

Valuation:

Replacement Cost

TIV:
$102,885,712

Per Primary, Contemplates a Minimum Deductible of:

EQ: 5% of Values Per Unit of Insurance, Subject to a Minimum of $25,000 Per Occurrence AOP: $25,000 Per Occurrence

Occurrence Limit of Liability (Item 2b Deleted)

SUBJECTIVITY(IES)
A 1.5% broker fee will be applied to any AP Endorsements Signed TRIA (Needed to Bind)
Signed and dated Statement of Values (SOV) is required at time of binding. Until provided, the OLLE will be on the policy (Needed to Bind)
Signed D-1 (Needed to Bind)
60/10 NOC
TRIPRA
Pursuant to the Terrorism Risk Insurance Act (TRIA), as Outlined on the Attached, Coverage for Certified Acts of Terrorism is Available for an Additional Premium of $42,000 Plus Any Applicable Taxes & Fees.

Date: 06/12/2024
Quote Expires In: 19 Days
633 West 5th Street, Suite 2000, Los Angeles, CA 90071
File#: BR103595-03
Brown & Riding will bind or place insurance solely upon the written instructions of Producer. Brown & Riding assumes no legal obligation as to the insurance applicant, insured, or known or unknown third parties regarding the suitability, adequacy, or appropriateness of limits, terms, conditions, exclusions, and other policy features.

Regards,
Shaida Monshi

Page 1 of 1 ends

EXCESS PROPERTY PROPOSAL
(QUOTATION)
June 11, 2024
Thank you for choosing Catalytic Risk Managers, a premier general agency specializing in catastrophe risk. We are a communicative organization that actively develops positive relationships and delivers efficient customer service. We strive to provide a positive experience to all who work with us.

Named Insured Wholesale Broker
City of Buena Park
6650 Beach Boulevard
Buena Park, CA 90621
To: Carolyn Smolski
On Behalf of: Shaida Monshi
Brown & Riding Ins Services, Inc.
633 West 5th Street
Ste 2000
Los Angeles, CA 90071
Underwriter
Carly Karlin
908 Main Street, Suite 310
Louisville, CO 80027
[email protected]
Claims Reporting
Catalytic Claims Services
350 10th Avenue, Suite 1450
San Diego, CA 92101
[email protected]
Inspections
Catalytic Risk Managers
350 10th Avenue, Suite 1450
San Diego, CA 92101
Field Inspectors
E&S Inspections

Page 1 of 1 ends

NOTICE TO BROKER
This Quote is issued by Catalytic Risk Managers & Insurance Agency, LLC without any liability as an Insurer.

The Terms and Conditions of this Quote may not match the specifications submitted for considerations. Please read the Quote carefully and compare it against your specifications.

The Insurer(s) providing the coverage quoted herein may be a non-admitted carrier and therefore not protected by State Guarantee Fund.

MANDATORY POLICYHOLDER DISCLOSURE
RE: TERRORISM INSURANCE COVERAGE
We are required by the Terrorism Risk Insurance Act of 2002 (the “Act”) to provide policyholders with clear and conspicuous disclosure of the premium we are charging for terrorism and the Federal share of compensation for such coverage. This notice must be provided at the time of offer, purchase and renewal of the policy.

We have provided you with a notice that meets the Act’s requirements. You are instructed to deliver a copy of this notice to our prospective Insured when you forward our Quote.

Named Insured: City of Buena Park

Page 1 of 5 ends

QUOTATION
Date: 6/11/2024
Expiring Policy: CTE010309
Brokerage Commission: 16.00%
Policy Term:

Effective Date: 7/1/2024 Expiration Date: 7/1/2025
Catalytic Capacity Utilization:*
Layer Limit: Part Of: Excess Of:
1 $15,000,000 $15,000,000 $10,000,000
THIS QUOTE IS VALID FOR 20 DAYS
Premium:

Property: $140,000
Fees:

Catastrophe: $1,150
Inspection: $0
Total Premium & Fees: $141,150
Additional Products Premium:

TRIA: $42,000
Any Applicable Taxes & Fees:

The broker is required to file surplus lines
taxes and fees for ALL states.

Control Number: 4841277
Effective from 12:01 AM Standard Time at the Insured’s Covered Location *The limits for Flood and Earthquake (if offered) are per occurrence and in the policy term aggregate.

Insurer Limit
• Trisura Specialty Insurance Company (A- IX) $2,000,000 • Underwriters at Lloyd's, London (A XV) $13,000,000
Policy Details
Perils: Difference in Conditions including Earthquake Only Losses: No Losses at time of binding
Situate: Per Schedule of Values on file with Insurer(s) Occupancy: Municipality
Total Insured Values: $102,885,712

Page 2 of 5 ends

Section I – Coverages and Limits of Insurance
A. The coverage territory is as per Schedule of Locations on file with Insurer(s) B. Limit of Liability – Per Catalytic capacity utilization shown above on this quotation.

C. Occurrence Definition Hours/EQ coverage – 168 hours
Section II – Policy Deductibles
As per primary carrier quote.

Section III – Covered Causes of Loss
This policy insures against the risks of direct physical loss or damage to covered property caused by a covered cause of loss occurring during the policy period.

Page 3 of 5 ends

Section IV – Covered Property
Buildings
Business Personal Property
s
Section V – Business Income Coverages
Not Covered
Section VI – Valuation
As per underlying primary policy(ies)
Section VII – Policy Conditions
Cancellation: 60 days
Coinsurance: NIL
Minimum Earned Premium: 25%
Valuation - As per form.

Page 4 of 5 ends

Proposal Conditions
Catalytic will issue its own excess follow form (subject to review and approval of form we are to follow). A copy of the policy we are to follow must be received within 50 days of the effective date or we will issue our non-concurrent form.

Completed Surplus Lines Tax Affidavit at binding.

Signed and dated Statement of Values (SOV) is required at time of binding. Until provided, the OLLE will be on the policy.

Signed and dated TRIA acceptance or rejection letter at binding.

Warrant All Risk including theft underlying policy in force.

Warrant no tuck under or soft first floor parking.

Warrant values reported based on annual time element values.

Additional Policy Conditions
Contingent Time Element specifically excluded.

In no event shall a reduction in underlying limits be recognized if this reduction is a result of paid claims for locations, interests or perils not covered by this policy.

Newly Acquired Location(s) must be submitted for prior approval.

Unless specifically shown on or endorsed to this policy, coverage is excluded by this excess policy for any perils, coverages and sublimits for which the Underlying Insurance Policy covers. If coverage is provided by the Underlying Insurance Policy for losses which are excluded under this policy, the terms and conditions of this policy remain unchanged. This policy will not recognize any erosion or exhaustion of underlying limits by payment of losses which are excluded under this policy, and this policy shall not cover as excess insurance or contribute with any other insurance for loss or damage excluded by this policy.

Optional Endorsement Details
Ordinance or Law Coverage - Excess Sublimits
Remarks

Page 5 of 5 ends

Coverage Forms
CAT1131 EQ Subscription Policy Cover Page
CAT-OFAC US Treasury Notice OFAC
CAT-D2 California Surplus Lines D2
CAT8011 Claims Handling Notice
CAT3023 US Terrorism Risk Insurance Act Not Purchased Clause CAT3024 Terrorism Exclusion Endorsement
CAT3050 Declarations Page
CAT3045 Subscription Participation Page
CATAMEND-TS Trisura Specialty Amendatory Endorsement
CATAMEND-L Underwriters at Lloyd's Amendatory Endorsement CAT3044 Schedule of Forms
CAT3002 Absolute Fungus Microorganisms Mold or Spores Exclusion CAT1139 Asbestos Endorsement
CAT8002 Electronic Date Recognition Exclusion EDRE
CAT8003 Exclusion of Certain Computer Related Losses
CAT3037 Exclusion of Loss Due to Virus or Bacteria
CAT8001 Nuclear Biological Exclusion
CAT3018 Pre-Existing Damage Exclusion
CAT8000 Property Cyber and Data Exclusion
CAT3020 Toxic Materials Exclusion
CAT1082 Tuck Under Exclusion
CAT8009 War and Civil War Exclusion
CAT1092 Excess Property Insurance Policy
CAT3003 - Additional Conditions Endorsement
CAT1010 Acquisition Clause - Non-Automatic
CAT1062 Occurrence Limit of Insurance Endorsement
CAT1098 Ordinance or Law Coverage Excess Sublimits

CHICAGO DENVER SAN DIEGO
20 North Wacker Drive, Ste. 3121 908 Main Street, Ste. 310 350 10th Avenue, Ste. 1450 Chicago, IL 60606 Louisville, CO 80027-1897 San Diego, CA 92101 00+1 (847) 864-9999 00+1 (303) 551-1549 00+1 (619) 659-7166 License No. 100689362 License No. 510817 License No. 0I67798 V050118 1.0
Policyholder Disclosure Notice of Terrorism
Insurance Coverage
You are hereby notified that under the Terrorism Risk Insurance Act of 2002, as amended ("TRIA"), that you now have a right to purchase insurance coverage for losses arising out of acts of terrorism, as defined in Section 102(1) of the Act, as amended: The term “act of terrorism” means any act that is certified by the Secretary of the Treasury, in consultation with the Secretary of Homeland Security and the Attorney General of the United States, to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of an air carrier or vessel or the premises of a United States mission; and to have been committed by an individual or individuals, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. Any coverage you purchase for "acts of terrorism" shall expire at 12:00 midnight December 31, 2027, the date on which the TRIA Program is scheduled to terminate, or the expiry date of the policy whichever occurs first, and shall not cover any losses or events which arise after the earlier of these dates.

YOU SHOULD KNOW THAT COVERAGE PROVIDED BY THIS POLICY FOR LOSSES CAUSED BY CERTIFIED ACTS OF

TERRORISM IS PARTIALLY REIMBURSED BY THE UNITED STATES UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER, YOUR POLICY MAY CONTAIN OTHER EXCLUSIONS WHICH MIGHT AFFECT YOUR COVERAGE, SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS. UNDER THIS FORMULA, THE UNITED STATES PAYS 80% OF COVERED

TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURER(S) PROVIDING THE COVERAGE. YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT, AS AMENDED, CONTAINS A USD100 BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURERS' LIABILITY FOR

LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS USD100 BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED USD100 BILLION, YOUR COVERAGE MAY BE REDUCED.

THE PREMIUM CHARGED FOR THIS COVERAGE IS PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT.

I hereby elect to purchase coverage for acts of terrorism for a prospective premium of $42,000 USD
I hereby elect to have coverage for acts of terrorism excluded from my policy. I understand that I will have no coverage for losses arising from acts of terrorism. [s: a: r] [ds:b:c:dateSigned]
Policyholder / Applicant’s Signature Date
[fn:i:name]
Print Name Policy / Quote Number
Contract No:

Named Insured: City of Buena Park
CAT1098 (09/23) Page 1 of 1
Catalytic Risk Managers & Insurance Agency, LLC.

ORDINANCE OR LAW COVERAGE

EXCESS SUBLIMITS
It is hereby understood and agreed that this policy recognizes the following sublimit(s), in respect of building ordinance coverage and as defined in the primary policy, and allows the sublimit(s) to erode the underlying limits of insurance in accordance with the excess and drop down clause contained hereon.

Coverage A: X
Coverage B: $0
Coverage C: $0
Coverage B & C combined: $1,000,000
City of Buena Park
07/01/2024 - 07/01/2025
Prepared for:

Kyle Powell
AON Risk Services, Inc.

Prepared by:

Shaida Monshi
213.593.3417
[email protected]
Date: 06/12/2024
Quote Expires In: 19 Days
633 West 5th Street, Suite 2000, Los Angeles, CA 90071
File#: BR103595-01
Insurance Proposal
We are pleased to offer the following Quotation for your review which has been obtained solely on the basis of your instructions to us. Note this Quotation may be withdrawn at any time prior to acceptance and coverage may not be bound without prior consent from the insurer as confirmed in writing by Brown & Riding.

INSURED:

City of Buena Park
MAILING ADDRESS:
6650 Beach Boulevard
Buena Park, CA, 90621
POLICY TERM:
07/01/2024 - 07/01/2025

INSURER STATUS
Lexington Insurance Company Non Admitted
PREMIUM BREAKDOWN:

Brown & Riding Insurance Services, Inc., 0592033
Date: 06/12/2024
Quote Expires In: 19 Days
633 West 5th Street, Suite 2000, Los Angeles, CA 90071
File#: BR103595-01
TERMS
Terms and Conditions per Attached Carrier Quote

Perils:

DIC including EQ, excluding Flood - No Exclusion for Ensuing EQ Water Damage

Covering:

Limits:
$5,000,000 part of $10,000,000 Per occurrence and in the Annual Aggregate as Respects to the Peril of Earthquake

Sub-limits (50%):

Included – Ordinance or Law Coverage A
$5,000,000 p/o $10,000,000 – Ordinance or Law Coverage B & C Combined $2,500,000 – Utility services - Direct Damage and Time Element

Coinsurance:

Nil

Valuation:

Replacement Cost

TIV:
$102,885,712

Deductible:

EQ: 5% of Values Per Unit of Insurance, Subject to a Minimum of $25,000 Per Occurrence AOP: $25,000 Per Occurrence

Occurrence Limit of Liability (Item 2b Deleted)

SUBJECTIVITY(IES)
Signed TRIA (Needed to Bind)
Signed SOV (Needed to Bind)
Signed D-1 (Needed to Bind)
60/10 NOC
TRIPRA
Date: 06/12/2024
Quote Expires In: 19 Days
633 West 5th Street, Suite 2000, Los Angeles, CA 90071
File#: BR103595-01
Pursuant to the Terrorism Risk Insurance Act (TRIA), as Outlined on the Attached, Coverage for Certified Acts of Terrorism is Available for an Additional Premium of $7,875 Plus Any Applicable Taxes & Fees.

Regards,
Shaida Monshi
To:

BROWN AND RIDING INSURANCE SERVICES, INC
777 S FIGUEROA ST
LOS ANGELES, CA 90017
Attn:

Andreana
Lopez
From:

Philip April
Applicant:

City of Buena Park
6650 Beach Boulevard
Buena Park, CA 90621
eStart# :
344147142
Renewal Of:
017196377-00
Policy
Period:
07/01/2024 -
07/01/2025
Policy Type:

Property
State:

CA
Premium Summary
Total Premium $100,800.00
Grand Total $100,800.00
Fees & Taxes
Commission

17.5 %
Additional Premium for Certified Acts of Terrorism Coverage: $ 7,875.00
plus tax.

Quoted By
Lexington Insurance Company
(BEST RATING: A Excellent
; Non-Admitted)

Commercial Property
Property Coverage Summary
Property Policy Type:

Primary
Limit Type:

Per Occurrence
Per Schedule:

On File With Company
Limit(s) of Liability:
$5,000,000 Part Of $10,000,000
Total Insurable Value:
$102,885,712
Cause(s) of Loss:

DIC including EQ, excluding Flood
Coverages:

Building
Business Personal Property
AOP Deductible(s) per occurrence:
$25,000
Valuation:

Replacement Cost
Earthquake Percentage Deductible Per Unit:
5%
Earthquake Minimum Dollar Deductible Per
Occurrence:
$25,000
Additional Notes
Limit of Insurance is per occurrence and in the annual aggregate as respects to Earthquake .

Date: 6/11/2024 Q uote No: Q 6308897-01 Page 1 of 8
Additional Covered Property: Walks, Walkways, Driveways, Patios, other Paved Surfaces, Retaining Walls, Fences, Gates, Foundations (above and below ground) and Supports, Underground Property, Light Poles, Sign, Excavation and Backfill.

Definition of Occurrence is 168 Hours
Ordinance or Law Coverage "A", "B" and "C" are within limit of insurance - not in addition to limit.

Cancellation is 60 days except 10 days for non-payment of premium.

Occurrence Limit of Liability wording to be deleted per form PR1207.

We offer the following quote subject to
1 .

If Premium State = NJ:

Please include NJ SLA number.
2 .

A completed, signed and returned Broker Responsible for Surplus Lines Filing Agreement PRIOR to binding.

Additional Coverage Notes
PR0404 (06/15) Utility services - Direct Damage and Time Element Premises No : All
Buidling No : All
Direct Damage Limit of Insurance : 2,500,000
Water Supply Property Checkbox : X
Communication Supply Property(Not including) Checkbox : X Power Support Property (not including) checkbox : X
Covered Property : Per Schedule on File
PR0413 (01/21) Ordinance Or Law Coverage
Premises No : ALL
Building No : ALL
Coverage A : X
Coverage B & C Combined Limit of Insurance : $5,000,000 PR9909 (04/15) Minimum Earned Premium
Minimum Earned Premium Percentage : 25
PRDS05 (06/17) Commercial Property Coverage Part Difference In Conditions Declarations Earthquake Sub-Limit of Insurance : 5,000,000
Building and BPP Deductible Per Occurrence : 25,000
Earthquake Percentage Deductible Per Occurrence : 5
Eathquake Minimum Dollar Deductible Per Occurrence : 25,000 Contributing Insurance Percentage : 50
WWME012 (06/11) Manuscript Endorsement 012
Form Title 1 : Notice of Cancellation
Form Text
: Cancellation is 60 days except 10 days for non-payment of premium.

WWME013 (06/11) Manuscript Endorsement 013
Form Title 1 : Additional Coverage Notes
Date: 6/11/2024 Quote No: Q6308897-01 Page 2 of 8
Form Text : Additional Covered Property: Walks, Walkways, Driveways, Patios, other Paved Surfaces, Retaining Walls, Fences, Gates, Foundations (above and below ground) and Supports, Underground Property, Light Poles, Sign, Excavation and Backfill.

WWME014 (06/11) Manuscript Endorsement 014
Form Title 1 : Definition of Occurrence
Form Text : Definition of Occurrence is 168 Hours
Date: 6/11/2024 Quote No: Q6308897-01 Page 3 of 8
Form List
Subject to the following Endorsements:

Form No
ED Date
Form Name
91222
09/16
Policyholder Notice
CP0090
07/88
Commercial Property Conditions
CP0140
07/06
Exclusion of Loss Due to Virus or Bacteria
CP1075
12/20
Cyber Incident Exclusion
D-2
01/20
Important Notice
IL0017
11/98
Common Policy Conditions
IL0935
07/02
Exclusion of Certain Computer-Related Losses
ILP001
01/04
U.S. Treasury Department's Office of Foreign Assets Control ("OFAC") Advisory Notice to Policyholders NTCFR01
10/20
Notice to Policyholders Fraud Notice
PR0003
03/19
Difference In Conditions Coverage Form
PR0404
06/15
Utility services - Direct Damage and Time Element
PR0413
01/21
Ordinance Or Law Coverage
PR1001
10/14
Water Exclusion
PR1013
06/15
Flood Exclusion
PR1207
06/15
Difference In Conditions Amendatory Endorsement
PR9909
04/15
Minimum Earned Premium
PRDS05
06/17
Commercial Property Coverage Part Difference In Conditions Declarations WW22
01/21
Service of Suit Endorsement
WW230
01/21
Common Policy Declarations
WW425
02/08
Exclusion of Chemical and Biological Loss or Damage
WW458
06/13
Asbestos Exclusion
WW497
01/21
Notice - Claim Reporting
WWCA01
12/11
California Disclosure Notice Premium Refund
WWME012
06/11
Notice of Cancellation
WWME013
06/11
Additional Coverage Notes
WWME014
06/11
Definition of Occurrence
If the insured accepts Certified Acts of Terrorism Coverage for Property and pays the appropriate premium the following endorsements apply:

IL0986 - Exclusion Of Certified Acts Of Terrorism Involving Nuclear, Biological, Chemical Or Radiological Terrorism; Cap On Covered Certified Acts Losses
If the insured rejects Certified Acts of Terrorism Coverage for Property and does not pay the appropriate premium the following endorsements apply:

IL0953 - Exclusion of Certified Acts of Terrorism
The attached "NOTICE OF TERRORISM INSURANCE COVERAGE" (NTC TR01) must be completed and signed by the insured.

No coverage may be bound without this completed and signed notice.

Date: 6/11/2024 Quote No: Q6308897-01 Page 4 of 8
These rates, terms and conditions are valid for
30 days from the date of this Quote.

We are pleased to oﬀer the preceding quotaLon which should be reviewed carefully as the terms and condiLons of coverage may differ from those requested on your application / submission.

Regards,
Philip April

Phone:

E-Mail:
[email protected]
Please advise your client that Lexington Specialty Insurance Agency, Inc. ("Lexington Specialty") is offering this quote as representative of its affiliated surplus lines insurance company,Lexington Insurance Company.

Lexington Specialty is not acting on behalf of your client and does not seek placements in other surplus lines markets.

You are the surplus lines broker of record and are responsible for the collection, reporting and payment of applicable surplus lines taxes and fees.

If coverage is bound, the premium must be remitted within 30 days of effective date or 15 days from billing, whichever is later. It is your responsibility to follow applicable state surplus lines laws and, in particular, to see that the appropriate surplus lines tax (and stamping fee, if applicable) is collected and paid.

Important:

In order to complete the underwriting process, we require that you send us the additional information requested in the subject to information in this letter.

We are not required to bind coverage prior to our receipt, review and underwriting approval of the requested information.

However, we may bind coverage before we have
received, reviewed and approved the information.

In such event, we have the right to cancel the insurance upon 10 days notice if the completed and signed Broker Responsible for Surplus Lines Filings Agreement is not received by us within 10 days from the effective date of coverage. Additionally, if we have not received the other information requested within the specified time frame then we have the right to cancel the insurance upon 20 days notice.

Date: 6/11/2024 Quote No: Q6308897-01 Page 5 of 8
Insured Name:

City of Buena Park
Policy Number:

Submission #:
344147142
Effective Date:
07/01/2024
Gross Premium:
$105,000.00
This policy is written on a surplus lines basis by (please check the appropriate box):
☐
AIG Specialty Insurance Company

☒
Lexington Insurance Company
☐
Other:
(The following states require that filings be submitted with an individual
surplus lines
license:

AL, AR, DE, FL, GA, ID, IL, IA, KS, KY, MN,MS, MO, MT, RI, SC, SD, TN, VT, WV,

WI, WY)
Insured's
Home State
:

CA
Surplus Lines Licensee:

Signature (Typed Script Font/Stamp NOT Permitted)
Date (MM/DD/YY)
CA/TX:
requires the
individual surplus lines license number
and signature of the
licensed agent/broker even if it is not the filing license.

By:

Individual Surplus Lines License Number
Name (Please Print)
Agency/Firm Name (Please Print)
Signature (Typed Script Font/Stamp NOT Permitted)
Date (MM/DD/YY)
All Others:

By:

Name (Please Print)
Agency/Firm Name (Please Print)
Please complete and return to:

[email protected]

BROKER RESPONSIBLE FOR SURPLUS LINES FILING AGREEMENT
Check if either applies:
☐
Unaffiliated Insured Group Policy - a policy issued to a group of named insureds who are not related entities. ☐
Risk Purchasing Group - a policy issued to a legal entity that was created under the Federal Liability Risk Retention Act for the purpose of purchasing group liability insurance.

If one of the above is checked, attach a schedule listing the Surplus Lines filing license for each member's home state.

For completion by Broker if AIG Producer Agreement/Surplus Lines Broker Responsibility Addendum is in place:

Agreement ID #
Home State
CA
Home State SL# or NJ SLA # (if NJ is home state)
For completion by Broker if no AIG Producer Agreement/Surplus Lines Broker Responsibility Addendum is in place:

It is agreed that the following surplus lines agent/broker is responsible for all surplus lines filing, reporting, tax and fee collection, and payment requirements imposed by applicable law in the insured's Home State
(see attached definition).

Home State
Surplus Lines
Filing
License Number:

OR NJ SLA #:

A copy of the surplus lines license referenced above as well as any documentation supporting the payment of surplus lines taxes and applicable fees hereunder will be made available upon request.

CALIFORNIA HOME STATE RISKS:

Pursuant to subdivision (b) of Section 1774 of the California Insurance Code, a copy of this Agreement shall be made available to the California Commissioner of Insurance or his or her designee upon request. It is agreed that the responsibility for filing the Confidential Report of Surplus Lines Placement (SL-1 Form) is delegated to the abovementioned surplus lines broker.

TEXAS HOME STATE RISKS:

Pursuant to Section 981.223 and 225.006 of the Texas Insurance Code, a copy of this Agreement shall be made available for inspection by the Department of Insurance and the Comptroller of Public Accounts upon request. It is hereby agreed that the responsibility for all filing, reporting, collection, and payment requirements imposed by Chapter 225 and Chapter 981 of the Texas Insurance Code is delegated to the surplus lines agency identified above.

Please complete box 1 or 2
115921 (09/22)
©
All Rights Reserved
Date: 6/11/2024 Quote No: Q6308897-01 Page 6 of 8

DEFINITIONS

HOME STATE -
(A) In general. - Except as provided in subparagraph (B), the term "Home State" means, with respect to an insured -

(i)
the state in which an insured maintains its principal place of business or, in the case of an individual, the individual's principal residence; or

(ii) if 100 percent of the insured risk is located out of the state referred to in clause (i), the state to which the greatest percentage of the insured's taxable premium for that insurance contract is allocated.

(B) Affiliated Groups. - If more than 1 insured from an affiliated group are named insureds on a single non-admitted insurance contract, the term "Home State" means the Home State, as determined pursuant to subparagraph (A), of the member of the affiliated group that has the largest percentage of premium attributed to it under such insurance contract.

AFFILIATE -
The term "affiliate" means, with respect to an Insured, any entity that controls, is controlled by, or is under common control with the Insured.

AFFILIATED GROUP -
The term "affiliated group" means any group of entities that are all affiliated.

CONTROL -
An entity has "control" over another entity if -

(A) the entity directly or indirectly or acting through 1 or more other persons owns, controls or has the power to vote 25 percent or more of any class of voting securities of the other entity; or

(B) the entity controls in any manner the election of a majority of the directors or trustees of the other entity.

PRINCIPAL PLACE OF BUSINESS -
The term "principal place of business" means, with respect to determining the Home State of the Insured:

(A) the state in which an Insured maintains its headquarters and the Insured's high level officers direct, control, and coordinate the business activities; or

(B) if the Insured is a company which maintains outside any state its headquarters where the Insured's high level officers direct, control, and coordinate the business activities, (for example, a foreign company headquartered in a foreign country), then the state where the largest percentage of the risk resides, i.e. the state to which the greatest percentage of the Insured's taxable premium for the insurance contract is allocated.

PRINCIPAL RESIDENCE -
"Principal residence" means, with respect to determining the Home State of the insured,

(a) the state where the insured resides for the greatest number of days during a calendar year; or (b) if the insured's principal residence is located outside any state, the state to which the greatest

percentage of the insured's taxable premium for that insurance contract is allocated.

STATE -

The term "state" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, the U.S. Virgin Islands, and American Samoa.

SIGNATURE -
All signatures need to be wet, electronic, or digital. Stamped, typed, printed, and script font signatures are NOT acceptable.
115921 (09/22)
©
All Rights Reserved
Date: 6/11/2024 Quote No: Q6308897-01 Page 7 of 8

POLICYHOLDER DISCLOSURE

NOTICE OF TERRORISM INSURANCE COVERAGE
(RIGHT TO PURCHASE COVERAGE)
You are hereby noLﬁed that under the Terrorism Risk Insurance Act, as amended, that you have a right to purchase insurance coverage for losses resulLng from acts of terrorism.

As deﬁned in SecLon 102(1) of the Act: The term "act of terrorism" means any act or acts that are cerLﬁed by the Secretary of the Treasury - in consultaLon with the Secretary of Homeland Security, and the ARorney General of the United States - to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission; and to have been commiRed by an individual or individuals as part of an eﬀort to coerce the civilian populaLon of the United States or to influence the policy or affect the conduct of the United States Government by coercion.

YOU SHOULD KNOW THAT WHERE COVERAGE IS PROVIDED BY THIS POLICY FOR LOSSES RESULTING FROM

CERTIFIED ACTS OF TERRORISM, SUCH LOSSES MAY BE PARTIALLY REIMBURSED BY THE UNITED STATES GOVERNMENT UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER, YOUR POLICY MAY CONTAIN OTHER EXCLUSIONS WHICH MIGHT AFFECT YOUR COVERAGE, SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS.

UNDER THE FORMULA, THE UNITED STATES GOVERNMENT GENERALLY REIMBURSES 80% OF COVERED TERRORISM

LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE. THE PREMIUM CHARGED FOR THIS COVERAGE IS PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS THAT MAY BE COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT.

YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT, AS AMENDED, CONTAINS A $100 BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURERS' LIABILITY FOR LOSSES RESULTING

FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS $100 BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED $100 BILLION, YOUR COVERAGE MAY BE REDUCED.

Acceptance or Rejection of Terrorism Insurance Coverage I hereby elect to purchase terrorism coverage for prospective premium of $ 7,875.00
I hereby decline to purchase terrorism coverage for certified acts of terrorism. I understand that I will have no coverage for losses resulting from certified acts of terrorism
City of Buena Park
Policyholder/Applicant's Signature
Account Name
Print Name
Date
Policy Number
Copyright 2020 National Association of Insurance Commissioners NTC TR01 (01/21)
Date: 6/11/2024 Quote No: Q6308897-01 Page 8 of 8
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City of Buena Park
City Council Regular Meeting Agenda Report

RESOLUTION TO AMEND THE PAY SCHEDULE FOR TEMPORARY, SEASONAL, AND LIMITED-SERVICE

PERSONNEL TO ADD A NEW VIDEO TECHNICIAN POSITION
Direct the Human Resources/Risk Management Department to amend the pay schedule for temporary, seasonal, and limited- service employees to create a new, part-time, Video Technician position and pay range. This proposal will cost approximately $56,000 in pay and beneﬁts each ﬁscal year. In order to make this proposal cost neutral, staff recommends transferring $56,000 from Professional and Contractual Services to this account. Therefore, there is no budget impact with this item.

Meeting
Tuesday, June 25, 2024, 5:00 PM
Agenda Group
CONSENT CALENDAR Item: 4I
Presented By
Eddie Fenton, Assistant City Manager/Director of Human
Resources
Prepared By
Eddie Fenton, Assistant City Manager/Director of Human
Resources
Approved By
Aaron France, City Manager

RECOMMENDED ACTION
1) Adopt a resolution amending the pay schedule for temporary, seasonal, and limited-service personnel to add a new Video Technician position; and, 2) Approve a budget transfer in the amount of $56,000 to add part-time salaries to the Community Relations and Education Division budget (Account No. 11-106132-5140).

PREVIOUS CITY COUNCIL ACTION
None.

DISCUSSION
The City’s Pay Schedule for Part-Time, Seasonal, Temporary, and Limited-Service Positions consists of non- competitive service positions that are excluded from the civil service system. All of the employees serving in these positions are employed in a temporary “at-will” capacity and serve at the pleasure of the City.

The City provides video and audio broadcasting for meetings that occur in the Buena Park City Council Chambers.

These include City Council meetings, Planning Commission meetings, and other City events. The City holds and broadcasts approximately 20 City Council meetings and 20 Planning Commission meetings. Currently, the Community Relations and Education Division of the City Manager’s Oﬃce does not employ any City employees.

Instead, work performed to broadcast public meetings and the produce video content for the live Buena Park Cable TV channel and live streaming on the website is performed by a wide range of video production consultants and contracted staff.

The new part-time Video Technician position will be expected to perform the following services:

Plans, organizes, and directs the operation and programming of the City’s cable access channel Produces and directs several different shows for the City cable access channel, including broadcasts of City Council meetings, community events, town hall meetings, public affairs programs, etc.

Performs all phases of television production, including editing, camera work, writing, audio/visual work, and directing
May make recommendations for purchases of all television equipment necessary for cable TV operations Works as a camera operator for live and recorded meetings and events Performs editing of programming
May operate a variety of video and cable TV production equipment In order to ensure the City’s ability to recruit and retain qualiﬁed employees with these special skills, City staff conducted a review of the hourly wage rates of the Video Technician position. Staff recommends the following hourly rate:

TITLE GRADE HOURLY RATE
(RANGE)
Video Technician 90 $26.00 - $56.00
Staff is recommending that the City Council adopt the proposed part-time, seasonal, and limited-service pay schedule: 1) to enable the recruitment and retention of qualiﬁed Video Technicians; and 2) to enhance Buena Park cable TV channel programming.

The adoption of this resolution is necessary pursuant to Personnel Rules and Regulations of the City of Buena Park, Rule VII, Section 2, which states proposed compensation plans must be submitted to the City Council for approval.

BUDGET IMPACT
There is no budget impact by approving this resolution. Funding for this position is provided by the transfer of $56,000 from the existing Community Relations and Education Division professional and contractual services (Account No. 106132-6240) to part-time salaries and beneﬁts (Account No. 106132-5140) for this purpose. No additional funds are needed at this time.

Attachments
Reso PT Salary Table 2024.06.25 (Adding Video Technician) Att 1of2.pdf Part Time Salary Table 2024.06.22 Exhibit B (adding Video Tech).pdf Video Technician 6.2024.pdf
RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF BUENA PARK, CALIFORNIA, APPROVING

THE VIDEO TECHNICIAN JOB CLASSIFICATION

SPECIFICATION AND AMENDING THE PAY

SCHEDULE FOR PART -TIME, SEASONAL , AND

LIMITED SERVICE EMPLOYEES EFFECTIVE JUNE
22, 2024 , AND SUPERCEDING RESOLUTION NO.
14708

WHEREAS, Section 37206 of the Government Code requires that the City Council prescribe the time and method of paying salaries and wages of City employees; and

WHEREAS, the City’s budget includes uncl assified, non-competitive, unrepresented part-time, seasonal, and limited service classifications which require a pay schedule; and

WHEREAS, the existing pay schedule must be updated to include the temporary Video Technician position.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1: Unclassified, non-competitive part-time, seasonal, and limited service classifications are not covered by the City’s Personnel Rules and Regulations and are not represented by a recognized employee association.

Section 2: Resolution No. 14708 is superseded . All previous and conflicting pay schedules adopted for this purpose either by Resolution or by Minute order are repealed.

Section 3: The pay schedule for part-time, seasonal, and limited service employees in all departments is hereby effective June 22, 2024, which is the beginning of the pay period.

PASSED AND ADOPTED this 25th day of June 2024, by the following called vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

RESOLUTION NO. _______

Page 2 ends

_________________________________________
Mayor
ATTEST:

_______________________________
City Clerk

I, Adria M. Jimenez , MMC, City Clerk of the City of Buena Park, California, hereby certify that the foregoing resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Buena Park, held this 25th day of June 2024.

______________________________________
City Clerk

CITY OF BUENA PARK
Pay Schedule for Temporary, Seasonal, and Limited Service Positions Effective June 22, 2024
Resolution No.

Adopted by City Council: June 25, 2024

Temporary, Seasonal, and Limited Service appointments may, but need not be, made from eligible lists, and those appointed shall not be in the competitive service. These non -competitive service appointments may be made from among applicants who meet the qua lification guidelines established by the Human Resources Department which may be measured by a qualifying examination. Non- competitive service positions are excluded from the Civil Service System and serve at the will of the City. Appointments are typicall y made at S tep 1. Exceptions may be made for outstanding performance and/or experience. Step increases may be granted by the department head bas ed on satisfactory performance.

Classification Title Grade Step 1 Step 2 Step 3 Step 4 Step 5 Administrative Intern* 3 $18.54 $19.48
Bus Driver* 16 $20.34 $21.36 $22.43 $23.55 $24.73
Business License Inspector 11 $24.83 $26.06 $27.36 $28.74 $30.19 Cashier* 3 $18.54 $19.48
Community Service Aide* 3 $18.54 $19.48
Community Services Leader I* 1 $18.38
Community Services Leader II* 3 $18.54 $19.48
Consultant/Specialist 96 $26.00 $114.66
Emergency Services Coordinator* 14 $37.73 $39.62 $41.60 $43.68 $45.86 Engineering Aide* 9 $22.93
Homeless Outreach Case Manager 10 $27.21 $28.57 $30.00 $31.50 $33.08 Lifeguard* 2 $17.09 $17.90 $18.81 $19.75 $20.73
Lube Technician* 4 $17.61 $18.50 $19.41 $20.38
Maintenance Assistant* 1 $18.38
Marketing Aide* 3 $18.54 $19.48
Office Aide* 3 $18.54 $19.48
Planning Aide* 9 $22.93
Police Cadet* 7 $21.69 $22.77 $23.91 $25.12 $26.38
Police Communications Call Taker 11 $24.83 $26.06 $27.36 $28.74 $30.19 Police Reserve Officer 98 $28.67
Police Reserve Officer (Extra Duty
Detail) 99 $43.01
Police Training Assistant* 8 $21.69 $22.77 $23.91 $25.12 $26.38 Police Transcriptionist* 5 $18.80 $19.74 $20.71 $21.75 $22.84 Pool Manager 12 $27.21 $28.57 $30.00 $31.50 $33.08
Sr. Community Services Leader* 6 $19.02 $19.98 $20.97 Sr. Lifeguard* 7 $18.14 $19.05 $20.00 $21.00 $23.15
Video Technician 90 $26.00 $56.00

* Per Government Code 20502, adopted by City Ordinance 1676 effective April 10, 2020, these positions are excluded from CalPERS membership and are limited to no more than 1,500 hours per Standard Measurement Year (November 2 through November 1).

Video Technician 1/4

Video Technician
(Part-time/Seasonal/Unclassified)

Department/Division: City Manager’s Office / Community Relations and Education
Reports To: Senior Management Analyst /
Marketing Specialist
Provides Direction To: Not applicable
Exemption Status: Non-exempt
Date Prepared: June 17, 2024
Date Approved by Assistant City
Manager/Director of Human Resources

June 25, 2024

GENERAL PURPOSE

Under general supervision, provides technical expertise for general broadcast and video production consideration; develops, writes and/or produces communication materials using a variety of media, assists with the operation of the City’s government access channel , YouTube and social media channels including conceptualizing, strategizing, writing, taping, editing, and producing original programming; assists with managing the City’s social media presence, creating and curating content, developing campaigns, monitoring social media platforms, encouraging community participation, and analyzing metrics; operates and coordinates visual and audio equipment necessary for broadcasting live and on- demand meetings; performs pre -production and post - production duties; and does related work as required.

DISTINGUISHING CHARACTERISTICS

This is a part-time, non–benefited, position in the City Manager’s Office. This position builds and schedules the City’s government access channel and other City video content . This position provides an opportunity for incumbents with an interest in pursuing a career in municipal government to learn about municipal government functions and gain experience by completing tasks and special assignments related to the program area.

ESSENTIAL FUNCTIONS

The duties listed below are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to this class.

1. Produces video productions, including format design, writing of scripts, editing, preparation of storyboards, lighting, sound dubbing, establishing audio levels, designing sets, camera operation, scouting and booking shoot locations, and creation of special effects.

2. Operates production equipment including, but not limited to cameras, audio and lighting equipment, video switchers and routers, teleprompters and jibs, program sc heduling and playback equipment, video editing, and graphic systems.

3. Tapes and broadcast live meetings, special events, seminars, and workshops; act s as on- camera talent; performs voice over and acting as needed.

Video Technician Page 2/4
ESSENTIAL FUNCTIONS (continued)

4. Produces, directs, edits, technically operates videos and programming for public education and government broadcasts, seminars, performances, events, City website , and social media platforms.

5. Creates, builds, and schedules the City’s government access channel and other City video content.

6. Collaborates with Communications and Marketing staff to align videos and social media content with City events such as groundbreakings, grand openings, and press events.

7. Participates in emergency planning, preparation, and response activities related to public information and communications.

8. Chooses camera shots, creates computer graphics, and adjust audio levels.

9. Scouts, schedules, and reserves filming locations; develops scripts and converts the scripts into storyboards that include all locations, props, cast, costumes, equipment, special events, and visual effects.

10. Meets with Event Coordinators to discuss audio, lighting, video, and conferencing/broadcasting requirements.

11. Creates proposals for rental/purchase for production; researches and recommends video, audio and accessory equipment purchases, and develops bid specifications.

12. Uses appropriate techniques and effects; edits raw video, audio or photos ; selects music; performs color corrections; designs graphics, titles and/or digital video or sound effects to create a quality, creative, and finished product.

13. Captures, engineers, mixes, and masters complex multi -track audio recordings.

14. Stores and maintains audiovisual equipment, production records, film, tapes and related materials. Inventories and orders production materials, supplies, and equipment.

15. Uses video compression techniques, broadcast , and DVD/Blu-Ray.

16. Sets-up, tests, and operates the video, audio, teleprompter, wireless microphone, and lighting equipment used for events, City Council meetings, Commission meetings, and special events; assembles microphones and ALS devices, mixes sound boards, coordinates graphics, operates spotlights, and provides technical support for City staff.

17. Sets up and installs microphones, lights, video monitors, projectors, speakers, and video cameras; troubleshoots camera, lighting, sound, and other equipment problems to ensure events and productions run smoothly.

18. Conducts sound, visual, and performance quality checks on A/V equipment ; inspects video production equipment for proper operation, control, and safety; makes minor adjustments and temporary repairs to equipment as necessary .

19. Maintains workstations, audio, photo, and video equipment.

20. Identifies inventory and files or archives all media content and manages storage.

21. Creates a strong and positive visual image of City government around the community.

Video Technician Page 3/4

ESSENTIAL FUNCTIONS (continued)

22. Monitors and reports on industry and legislative matters impacting the City’s cable television policies, programs, and applications.

23. Reports to work as scheduled and works various hours, including nights and weekends as required.

QUALIFICATIONS GUIDELINES

Knowledge of:

Principles and methods of cable television technology and TV production, and managing a government access channel; principles and techniques of television/cablecast/online media production; the operation of a multi -camera video shoot; audio/visual equipment and operation, including audio recorders, monitors, cameras, lights, microphones; duplication techniques and control boards; pre- production planning including program ideas, treatments and storyboards; scripting formats; post -production procedures including off -line and on- line editing techniques; procedures for obtaining performance rights and clearances; digital media creation and manipulation; digital video editing, special effects, composition and video compression; current federal, state and local laws and practices regulating government access channels and cable television systems; operating procedures, maintenance and ability to operate video and related television production equipment; advance video graphics programs for composing and editing techniques such as Adobe Premiere, Boris Red, After Effects, Photoshop, and Illustrator; in addition to video bulletin board programs such as Scala; safety precautions and hazards involved in working around production facilities and equipment; troubleshooting and maintenance procedures for video, audio, and photography equipment.

Ability to:

Understand and operate audio mixing boards with knowledge of general audio mixing for live audio productions; skills to troubleshoot audio problems; set up, operate, and maintain a variety of audio, visual, lighting, sound and computer and television production equipment; develop, write, and produce effective communication materials using a variety of media; record, edit videos and sound projects; execute production projects from inception to completion; capture or import media; work well in a diverse and collaborative environment; assemble and set up scenery for television program production; design and prepare graphics; translate a variety of written material into television script format; investigate and troubleshoot technical issues; quickly identify problems and act with initiative to resolve them; communicate effectively both orally and in writing; establish and maintain effective working relationships with patrons, co-workers, supervisors, management, vendors, general public, and others encountered in the course of work.

Education/Training/Experience:

Graduation from high school or G.E.D. equivalent . One year of experience in video production, digital media production, cable television technology, or TV production, which may include writing, cinematography, sound, lighting, directing, editing video programs, online media, and automated playback systems, is required.

Experience using Adobe Creative Suite, includ ing Premier Pro, Canva or equivalent programs is highly desirable. Knowledge of social media platforms, social media algorithms, and social media management tools is highly desirable.

Video Technician Page 4/4

Licenses/Certificates/Special Requirements:

A valid Class C California driver license, acceptable driving record, and evidence of insurance are required.

PHYSICAL AND MENTAL DEMANDS

The physical and mental demands described here are representative of those that must be met by employees to successfully perform the essential functions of this class . Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

Physical Demands

Ability to stand, walk, sit, stoop, bend, twist, kneel, squat, or crawl. The employee must have the ability to film on location in any area and on any type of terrain, work with arms above shoulders for a prolonged period, repetitively use of hands, arms or shoulders, strenuously push or pull and lift up to 50 pounds and distinguish colors, see, and hear well enough to produce clear and distinct video and audio productions.

Mental Demands

While performing the duties of this class, employees are regularly required to use written and oral communication skills; read and interpret data, information and documents; analyze and solve problems; observe and interpret situations; learn and apply new information or skills; perform highly detailed work; work on multiple, concurrent tasks; work with frequent interruptions; work under intensive deadlines; and interact with staff, management, vendors, contractors, the public, and others encountered in the course of work.

WORK ENVIRONMENT

Employees typically work indoors and outdoors with fluctuating weather conditions. Must be able to work in a variety of situations to set up equipment in offices, homes, businesses, outdoors, crowds, or small spaces.

City of Buena Park
City Council Regular Meeting Agenda Report

RESOLUTION APPROVING PLANS, SPECIFICATIONS, APPROVAL OF CONTRACT WITH ALL AMERICAN ASPHALT

FOR THE REGIO AVENUE STREET IMPROVEMENT PROJECT, AND ACCEPTANCE OF FUNDS FROM THE

CALIFORNIA CORONAVIRUS RESPONSE AND RELIEF SUPPLEMENTAL APPROPRIATIONS ACT (CRRSAA) GRANT Meeting
Tuesday, June 25, 2024, 5:00 PM
Agenda Group
NEW BUSINESS Item: 5A
Presented By
Norm Wray, Senior Engineering Technician
Prepared By
Mina Mikhael, Director of Public Works/City Engineer
Approved By
Aaron France, City Manager

RECOMMENDED ACTION
1) Adopt a resolution approving the plans and speciﬁcations for the Regio Avenue Street Improvement Project; 2) Award a contract to All American Asphalt in the amount of $638,242; 3) Authorize contingency funds in the amount of $65,000 in the same purchase order; 4) Authorize construction engineering in the amount of $45,000; 5) Authorize a purchase order for The Solis Group in the amount of $4,035 for administration of the Community Workforce Agreement (CWA); 6) Authorize contingency funds in the amount of $1,345 for the CWA administration; 7) Authorize the City Manager and City Attorney to make any necessary, non-monetary changes to the contract; 8) Authorize the City Manager and City Clerk to execute the contract; 9) Accept grant funds in the amount of $239,650 from the California Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) grant; and, 10) Appropriate grant funds in the amount of $239,650 for the project.

PREVIOUS CITY COUNCIL ACTION
None.

DISCUSSION
Cities undertake pavement rehabilitation projects to ensure the safety, functionality, and longevity of their road infrastructure. These projects address issues such as cracks, potholes, and surface wear, preventing them from worsening and reducing the need for costly emergency repairs. Rehabilitation of Regio Avenue is a part of the City’s annual Capital Improvement Program (CIP) for the FY 2022-2023.

The Regio Avenue Street Improvement Project will include removing and replacing street pavement, sidewalks, curbs and gutters, and striping in the industrial area of the city, south of Artesia Boulevard and west of Knott Avenue. The project also includes adjusting existing utility covers to accommodate the new street grade.

The project was advertised for competitive bids on May 22, 2024. Four bids were received and publicly opened on June 12, 2024. Bid amounts ranged from $638,242 to $1,402,765. The lowest, responsible bid was submitted by All American Asphalt of Corona, CA in the amount of $638,242. This contractor possesses the required license and has completed similar projects for the City. Staff recommends awarding a contract to All American Asphalt and approving contingency funds in the amount of $65,000. Construction is scheduled to begin in July 2024 and be completed in August 2024. The CWA agreement does apply to this project based on the total contract cost.

BUDGET IMPACT
Total cost for the project is in the amount of $753,622.

Construction Contract: $638,242
Construction Contingency: $65,000
Construction Engineering: $45,000
Community Workforce Agreement Administration: $4,035
Community Workforce Agreement Administration Contingency: $1,345 Total Project Cost: $753,622
This project was included in the FY 2022-2023 CIP budget, and will funded by the Measure M2 Fund and Gas Tax Fund (Account No. 24-9806-590176). Additionally, a portion of this project has been funded through an allocation of the state Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) Grant. Under this grant, up to $239,650 of project costs are eligible for reimbursement to the City.

Attachments
Award Regio Paving Att 1 of 7 - RESO.pdf
Award Regio Paving Att 2 of 7 - Vicinity Map.pdf
Award Regio Paving Att 3 of 7 - Bid Results.pdf
Award Regio Paving Att 4 of 7 - Bid Summary.pdf
Award Regio Paving Att 5 of 7 - Contract.pdf
Award Regio Paving Att 6 of 7 - CWA Estimate.pdf
Award Regio Paving Att 7 of 7 - Notiﬁcation Letter.pdf

RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CI TY OF BUENA PARK APPR OVING

PLANS AND SPECIFICATIONS FOR THE REGIO AVENUE STREET IMPROVEMENT PROJECT IN SAID CITY.

WHEREAS, it is the intention of the City of Buena Park to construct certain improvements in the City; and
WHEREAS, the City Engineer has p repared specifications and plans for the construction of certain improvement(s).

NOW, THEREFORE, BE IT RESOLVED that the specifications and plans presented by the City be and are hereby approved as the specifications and plans for:

REGIO AVENUE STREET IMPROVEMENT PROJECT

PASSED AND ADOPTED this 25th day of June, 2024, by the following called vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS

_______________________________________
Mayor
ATTEST:

_______________________________________
City Clerk

I, Adria M. Jimenez, MMC, City Clerk, hereby certify that the foregoing Resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Buena Park held this 25th day of June, 2024.

_______________________________________
City Clerk

ORANGETHORPE AVE

ARTESIA BLVD

VALLEY VIEW ST

KNOTT AVE
SR-91 FWY
I-5 FWY

CABALLERO BLVDREGIO AVEALTURA BLVD

DESCANSO AVE

CABALLERO BLVD

VICINITY MAPNOT TO SCALEWORK AREA

PROJECT LOCATION
Company Name Bid Amount
1 ALL AMERICAN ASPHALT $638,242.00
2 R.J. NOBLE COMPANY $654,095.00
3 HARDY & HARPER, INC. $675,000.00
4 MBC ENTERPRISES $1,402,765.00
City of Buena Park

BID RESULTS

REGIO AVENUE STREET IMPROVEMENT PROJECT
Project No. 501
Bid No. 2022-10
Bid Opening. 06/12/2024 - 2:00 P.M.

REGIO AVENUE STREET IMPROVEMENT PROJECT

BID SUMMARY
Bid Opening: JUNE 12, 2024 - 2:00 P.M.

PAGE 1 OF 3
Item Approx. Unit Description Unit Total Unit Total Unit Total Unit Total Unit Total Unit Total No Quantity Price Amount Price Amount Price Amount Price Amount Price Amount Price Amount 1 1 LS MOBILIZATION $24,000.00 $24,000.00 $68,000.00 $68,000.00 $40,385.00 $40,385.00 $40,500.00 $40,500.00 $61,435.63 $61,435.63 $43,221.25 $43,221.25 2 1 LS

TRAFFIC CONTROL, TO INCLUDE ALL PLANS,

COMPUTERIZED MESSAGE SIGNS, DELINEATORS,

STEEL PLATES, AND ANY OTHER NEEDED SAFETY
DEVICES.
$46,000.00 $46,000.00 $15,000.00 $15,000.00 $100,000.00 $100,000.00 $101,250.00 $101,250.00 $104,000.00 $104,000.00 $65,562.50 $65,562.50 3 1 LS

STORM WATER POLLUTION PREVENTION PLAN
(SWPPP) AND BEST MANAGEMENT PRACTICES
(BMP’S)
$9,000.00 $9,000.00 $8,000.00 $8,000.00 $10,000.00 $10,000.00 $21,600.00 $21,600.00 $22,000.00 $22,000.00 $12,150.00 $12,150.00 4 1 LS
FURNISH AND INSTALL TWO (2) CONSTRUCTION

INFORMATION SIGNS, TRAFFIC STRIPING AND

MARKERS INCLUDING CURB MARKINGS
$14,500.00 $14,500.00 $12,000.00 $12,000.00 $10,000.00 $10,000.00 $24,300.00 $24,300.00 $37,500.00 $37,500.00 $15,200.00 $15,200.00 5 96,000 SF COLD MILL AND REMOVE 3” OF EXISTING AC
PAVEMENT $0.96 $92,160.00 $0.65 $62,400.00 $0.55 $52,800.00 $3.00 $288,000.00 $0.61 $58,560.00 $1.29 $123,840.00 6 15,300 LF COLD MILL AND REMOVE AN ADDITIONAL 4” OF
EXISTING AC PAVEMENT $1.28 $19,584.00 $1.50 $22,950.00 $1.55 $23,715.00 $4.00 $61,200.00 $0.82 $12,546.00 $2.08 $31,862.25 7 2,300 SF COLD MILL AND REMOVE 7” OF EXISTING AC
PAVEMENT $2.30 $5,290.00 $4.60 $10,580.00 $2.00 $4,600.00 $7.00 $16,100.00 $1.43 $3,289.00 $3.98 $9,142.50 8 2,300 SF COLD MILL AND REMOVE 5” OF EXISTING AB
PAVEMENT $1.61 $3,
703.00 $4.60 $10,580.00 $2. 00 $4,600.00 $5.00 $11,500.00 $1.02 $2,346.00 $3.30 $7,595.75 R.J. NOBLE COMPANY Engineer's Estimate Average ALL AMERICAN ASPHALT HARDY & HARPER, INC. MBC ENTERPRISES, INC.

REGIO AVENUE STREET IMPROVEMENT PROJECT

BID SUMMARY
Bid Opening: JUNE 12, 2024 - 2:00 P.M.

PAGE 2 OF 3
Item Approx. Unit Description Unit Total Unit Total Unit Total Unit Total Unit Total Unit Total No Quantity Price Amount Price Amount Price Amount Price Amount Price Amount Price Amount R.J. NOBLE COMPANY Engineer's Estimate Average ALL AMERICAN ASPHALT HARDY & HARPER, INC. MBC ENTERPRISES, INC. 9 1,765 TON
CONSTRUCT 3” THICK ASPHALT CONCRETE FINISH
COURSE, TYPE III C3 PG 70-10 (1/2” ROCK) WITH

FORTA-FI FIBER REINFORCEMENT PER
MANUFACTURER’S SPECIFICATIONS OR

APPROVED EQUAL
$145.00 $255,925.00 $155.00 $273,575.00 $130.00 $229,450.00 $304.00 $536,560.00 $131.60 $232,274.00 $183.50 $323,877.50 10 380 TON
CONSTRUCT 4" THICK ASPHALT CONCRETE BASE
COURSE TYPE III B2 PG 70-10 (3/4" ROCK) WITH

FORTA-FI FIBER REINFORCEMENT PER

MANUFACTURER'S SPECIFICATIONS OR

APPROVED EQUAL
$168.00 $63,840.00 $160.00 $60,800.00 $200.00 $76,000.00 $324.00 $123,120.00 $130.18 $49,468.40 $213.00 $80,940.00 11 105 TON
CONSTRUCT 7" THICK ASPHALT CONCRETE FINISH
COURSE, TYPE III C3 PG 70-10 (1/2" ROCK) WITH

FORTA-FI FIBER REINFORCEMENT PER

MANUFACTURER'S SPECIFICATIONS OR

APPROVED EQUAL
$168.00 $17,640.00 $200.00 $21,000.00 $270.00 $28,350.00 $446.00 $46,830.00 $131.60 $13,818.00 $271.00 $28,455.00 12 75 TON
CONSTRUCT 5" THICK ASPHALT CONCRETE BASE
COURSE TYPE III B2 PG 70-10 (3/4" ROCK) WITH

FORTA-FI FIBER REINFORCEMENT PER

MANUFACTURER'S SPECIFICATIONS OR

APPROVED EQUAL
$168.00 $12,600.00 $200.00 $15,000.00 $270.00 $20,250.00 $351.00 $26,325.00 $130.18 $9,763.50 $247.25 $18,543.75 13 110 LF REMOVE EXISTING AND CONSTRUCT CURB AND
GUTTER PER CITY OF BUENA PARK STD. 202 $258.00 $28,380.00 $205.00 $22,550.00 $175.00 $19,250.00 $149.00 $16,390.00 $115.94 $12,753.40 $196.75 $21,642.50 14 60 SF
REMOVE EXISTING AND CONSTRUCT 4-INCH THICK
P.C.C. SIDEWALK PER CITY OF BUENA PARK STD.

PLAN 208
$33.00 $1,980.00 $36.00 $2,160.00 $30.00 $1,800.00 $48.00 $2,880.00 $17.44 $1,046.40 $36.75 $2,205.00 15 7 EA ADJUST SEWER MANHOLE TO GRADE $1,200.00 $8,400.00 $1,050.00 $7,350.00 $1,700.00 $11,900.00 $2,430.00 $17,010.00 $1,535.60 $10,749.20 $1,595.00 $11,165.00 16 15 EA ADJUST WATER VALVE TO GRADE $1,000.00 $15,000.00 $1,050.00 $15,750.00 $1,700.00 $25,500.00 $2,160.00 $32,400.00 $1,364.00 $20,460.00 $1,477.50 $22,162.50

REGIO AVENUE STREET IMPROVEMENT PROJECT

BID SUMMARY
Bid Opening: JUNE 12, 2024 - 2:00 P.M.

PAGE 3 OF 3
Item Approx. Unit Description Unit Total Unit Total Unit Total Unit Total Unit Total Unit Total No Quantity Price Amount Price Amount Price Amount Price Amount Price Amount Price Amount R.J. NOBLE COMPANY Engineer's Estimate Average ALL AMERICAN ASPHALT HARDY & HARPER, INC. MBC ENTERPRISES, INC. 17 80 CY OPTIONAL – OVER EXCAVATION (UNSUITABLE
AREAS) $152.00 $12,160.00 $185.00 $14,800.00 $75.00 $6,000.00 $203.00 $16,240.00 $161.20 $12,896.00 $153.75 $12,300.00 18 80 TON OPTIONAL – ASPHALT CONCRETE LEVELLING
COURSE TYPE D2 MIX (DENSE FINE) PG 64-10 $101.00 $8,080.00 $145.00 $11,600.00 $130.00 $10,400.00 $257.00 $20,560.00 $136.08 $10,886.40 $158.25 $12,660.00 TOTAL = $638,242.00 $654,095.00 $675,000.00 $1,402,765.00 $675,791.93 $842,525.50 C-1

CONTRACT

CITY OF BUENA PARK CONTRACT FOR

REGIO AVENUE STREET IMPROVEMENT PROJECT
“Project”

Project Number: 501
Bid Number: 2022-10

This CONTRACT (“Contract”) is made and entered this 25th day of June, 2024 (“Effective Date”), by and between the CITY OF BUENA PARK, a California municipal corporation (“City”) and ALL AMERICAN ASPHALT, a California Corporation (“Contractor”). Contractor’s California State Contractor’s license number is 267073. The Contractor and the City are sometimes referred to herein collectively as the “Parties” and singularly as “Party.

In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:

1. Contract Documents. The Contract Documents consist of the following, each of which are attached hereto and incorporated herein by this reference:

A. This Contract;
B. The Notice Inviting Bids for the above- referenced project (“Project”), dated May 22, 2024;
C. The Instructions to Bidders for the Project, dated May 22, 2024; D. Contractor’s Bid for the Project, dated Ju ne 5, 2024 (including documentation accompanying the Bid and any post-Bid documentation submitted before the Notice of Award);
E. The Contractor’s Bonds for the Bid and the Project;
F. The final working drawings, plans, and specifications for the Project as approved by the City, and dated May 22, 2024 (“Plans and Specifications”).

G. The City of Buena Park’s Standard Specifications for Public Works Projects, Latest Edition;
H. The City of Buena Park’s Special Provisions for Public Works Projects, Latest Edition; I. Any and all permits from regulatory agencies with jurisdi ction issued for the Project; and
J. Any addenda or change orders for the Project approved by the City subsequent to the Effective Date of this Contract.

2. Scope of Services. Contractor shall perform all Work necessary to complete, in a good and workmanlike manner, a public works project identified in the title of this Contract above (the “Project”), as such Project and the Work to be performed by Contractor is further are described in the Contract Documents.

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3. Compensation. In consideration for Contractor’s performance of the Work required to complete the Project hereunder, City shall pay Contractor a total NOT-TO-EXCEED amount of Six Hundred Thirty Eight Thousand Two-Hundred Forty Two dollars ($6 38,242.00) in accordance with the prices as submitted in the Bid (“Compensation”). The Compensation shall be the total and complete such payable by the C ity for any and all costs, direct or indirect, of the Contractor for provision of the Work and completion of the Project, including but not limited to general and supplementary conditions, performance and payment bonds, Contractor fee for construction, and Contractor overhead and profit, and any other items of costs, accounting, or expense relating to or arising therefrom. Compensation shall under no circumstances be increased except via a formal change order approved by the City; and only if such overruns result of additional scope from the City, as opposed to price overruns, delays, errors, or omissions.

4. Term of Contract: The Contractor agrees to complete the work to City’s satisfaction within THIRTY (30) WORKING DAYS from the date of written notice to proceed. The Contractor further agrees to the assessment of liquidated damages in the amount of FIVE HUNDRED DOLLARS ($500) for each calendar day the work remains incomplete beyond the expiration of the completion date. The City may deduct the amount ther eof from any monies due or that may become due the Contractor under this Contract.

5. Incorporation by Reference. All of the following documents are attached hereto and incorporated herein by this reference: Workers’ Compensation Certificate of Insurance, Additional Insured Endorsement (Comprehensive General Liability), Additional Insured Endorsement (Automobile Liability), and Additional Insured Endorsement (Excess Liability).

6. Insurance: The Contractor shall not commence work under this Contract until it has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any subcontractor to commence work on a subcontract until all insurance required of its subcontractor has been obtained. The Contract or shall take out and maintain at all times during the life of this contract the following policies of insurance:

A. Compensation Insurance

1. Before beginning work, the Contractor shall furnish to the City a certificate of insurance as proof that it has taken out full compensation insurance for all persons whom the Contractor may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California.

Such insurance shall be maintained in ful l force and effect during the period covered by this Contract. Further such policy of insurance shall provide that the insurer waives all rights of subrogation against City and its elected officials, officers, employees, volunteers, and agents.

2. In accordance with the provisions of Section 3700 of the California Labor Code, every Contractor shall secure the payment of compensation to his employees.

Contractor, prior to commencing work, shall sign and file with the City, a certification as follows:

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“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.”

B. General Insurance Requirements

1. Types of Coverage. Contractor shall maintain the following insurance coverage throughout the term of this Contract, and upon request Contractor shall show City evidence of such coverage, which may include visual inspection of all policies, copies of declarations page, endorsements signed by an authorized representative of the underwriting company, or certificates of insurance. Insurance coverage shall be provided in the following form:

a. Insurance Services Office Commercial General Liability coverage occurrence form number CG 00 01 11 85 or 88.

b. Automobile Liability insurance with coverage at least as broad as Insurance Services Office Form Number CA 0001 06 92 covering “Any Auto” (Symbol 1).

c. Workers Compensation insurance as required by the State of California and Employer's Liability insurance.

2. Minimum Limits of Insurance. Contractor shall maintain insurance coverage limits no less than:

a. General Liability: $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit, and shall contain specified language creating a duty to defend against any suit seeking damages.

b. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

c. Employer's Liability: $1,000,000 per accident for bodily injury or disease.

C. Deductibles and Self -Insured Retentions. Any deductibles and/or self insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self insured retentions as respects the City, its officers, elected officials, employees, agents, and volunteers; or, the Contractor shall provide a financial guarantee satisfactory to the City, guaranteeing payment of losses and related investigations, claim administration and defense expenses.

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D. Other Insurance Provisions. The Contractor and City further agree as follows:

1. All insurance coverage and limits provided pursuant to this Contract shall apply to the full extent of the policies involved, available, or applicable. Nothing contained in this Contract or any other agreement relating to the City or its operations limits the application of such insurance coverage. Nothi ng contained in this Section is to be construed as affecting or altering the legal status of the parties to this Contract.

2. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any party to be all inclusive, or to the exclusion of other cove rage, or a waiver of any type.

3. For any claims related to this Project, the Contractor's insurance coverage shall be primary to any other similar insurance. Any insurance or self-insurance maintained by the City, its officers, employees or volunteers, shall be excess of the Contractor's insurance and shall not contribute with it.

4. The City, its officers, elected officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance, or as a separate owner's policy.

5. For purposes of insurance coverage only, this Contract will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards, performance of this Contract.

6. All general or auto liability insurance coverage provided pursuant to this Contract, or any other agreements pertaining to the perform ance of this Contract, shall not prohibit Contractor, and Contractor's employees, or agents, from waiving the right of subrogation prior to a loss. Contractor waives its right of subrogation against City.

7. In the event any policy of insurance required under this Contract does not comply with these requirements or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor.

8. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies C-5

providing at least the same coverage. Such proof will be furnished within 72 hours of the expiration of the coverages.

9. Any actual or alleged failure on the part of City or any other additional insured under these requirements to obtain proof of insurance required under this Contract in no way waives any right or remedy of City or any additional insured, in this or any other regard.

10. All insurance coverage shall contain a provision that prohibits cancellation, modification, or lapse without thirty (30) days' prior written notice from insurer to the City. Contractor agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions.

11. All insurance coverage shall include a severability of interests clause substantially similar to the following: "The insurance afforded by this policy applies separately to each insured against whom a claim or suit is made or suit is brought, except with respect to the limit of the insurer's liability."

12. All insurance coverage shall contain a clause substantially in the following words:

"It is hereby understood and agreed that this policy shall not be canceled nor materially changed except upon thirty (30) days' prior written notice to the City of Buena Park of such cancellation or material change as evidence by a return receipt for a registered letter."

13. All insurance coverage shall cover the operations of the Contractor pursuant to the terms of this Contract.

14. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor that includes City as a defendant. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.

15. In the event of any loss that is not insured due to the failure of Contractor to comply with these requirements, Contractor agrees to be personally responsible for any and all losses, claims, suits, damages, defense obligations and liability of any kind attributed to City, or City's employees, or any of the additional insureds as a result of such failure.

16. Coverage will not be limited to the specific location or individual or entity designated as the address of the Project.

17. Contractor agrees not to attempt to avoid its defense and indemnity obligations to City and its employees, agents, officials and servants by using as a defense Contractor's statutory immunity under workers' compensation and similar statutes.

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18. Contractor agrees to require all parties or subcontractors, including architects or others, with which it enters into contracts or hires pursuant to or related in any way with the performance of this Contract, to provide insurance covering the operations contracted for and naming as additional insureds all parties to this Contract.

Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided as required here.

Contractor agrees that no contract, standard form or otherwise, used by any party in any way connected with this Contract, or contracts Contractor enters into on behalf of City, will reserve the right to charge back to City the cost of insurance required by this or any other agreement.

E. Acceptability of Insurers. Coverage shall be written by insurers with a current A.M.

Best's rating of no less than "A:VIII," and be admitted to conduct business in the State of California by the Department of Insurance.

F. Verification of C overage. Contractor shall furnish the City with evidence of the insurance required by this Section, satisfactory to City, consisting of original certificates of insurance and amendatory endorsements, and an additional insured endorsement at least as broad as Insurance Services Office form CG 20 10 11 85. The endorsements should be on forms provided by the City or on other than the City's forms or a separate owner’s policy, provided those forms or policies are approved by the City, and amended to conform to the City's requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time. Contractor agrees to provide complete certified copies of policies to City within 10 days of City's request for said copies.

G. Subcontractors. Contractor shall include all subcontractors or any other party involved in the Project by Contractor as insured under its policies or shall require subcontractors or any other party involved in the Project by Contractor to carry the same insurance as required herein. Contractor agrees to obtain certificates evidencing such coverage and make reasonable efforts to ensure that such coverage is provided as required here.

Contractor agrees to require that no contract used by any subcontractor, or contracts Contractor enters into on behalf of City, will reserve the right to charge back to City the cost of insura nce required by this Contract. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor contracts with on behalf of City and all certificates of insuranc e obtained in compliance with this paragraph will be submitted to City or review. Failure of City to request copies of such documents will not impose and liability on City, or its employees.

7. Indemnification.

A. Contractor and City agree that City, its employees, officers, agents and elected officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the performance of this Contract.

C-7

Contractor acknowledges that CITY would not have entered into this Contract in the absence of the commitment of Contractor to indemnify and protect City as set forth here.To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its elected officials, employees, agents , volunteers and offic ers (“Indemnitees”), from any and all liabilities, claims, suits, actions, arbitration proceedings, administrative proceedings, stop notices, regulatory proceedings, losses, expenses or costs of any kind, actual attorneys fees incurred by City , court costs, interest, defense costs including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of, arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part to the Contractor’s performance of this Contract. All obligations under this provision are to be paid by Contractor as they are incurred by the City.Without affecting the rights of City under any provision of this Contract or this section, Contractor shall not be required to indemnify and hold harmless City as set forth above for liability attributable to the sole fault of City , provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where the City is shown to have been solely at fault and not in instances where Contractor is solely or partially at fault or in instances where City 's fault accounts for only a percentage of the liability involved.

In those instances, the obligation of Contractor will be all-inclusive and City will be indemnified for all liability incurred, even though a percentage of the liability is attributable to the conduct of the City. Contractor acknowledges that its obligation pursuant to this section extends to liability attri butable to City, if that liability is other than the sole fault of City. Contractor has no obligation under this Contract for liability proven in a court of competent jurisdiction or by written agreement between the parties to be the sole fault of City.

E. The obligations of Contractor under this or any other provision of this Contract will not be limited by the provisions of any workers’ compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to the Indemnitees. The Contractor’s indemnity obligation set forth in this section shall not be limited by the limits of any policies of insurance required or provided by the Contractor pursuant to this Contract.

8. Antitrust Claims. In entering into this Contr act, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Business and Professions Code Section 16700 et s eq.) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.

9. Prevailing Wages. City and Contractor acknowledge that the Project is a public work to which prevailing wages apply.

10. Community Workforce Agreement. The City and contractor acknowledge that the project is covered by a Community Workforce Agreement between the City and the Los Angeles/Orange Counties Building and Construction Trades Council and the Signatory Craft C-8

Councils and Local Unions (the “CWA”). Contractor agrees to abide by the terms and conditions of the CWA.

11. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the power and authority to execute this Contract on behalf of Contractor and has the power and authority to bind Contractor to the performance of its obligations hereunder.

13. Entire Agreement; Modification. This Contract, including the Contract Documents and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. Each Party to this Contract acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by any Party, or anyone acting on behalf of any P arty, which are not embodied herein. This Contract supersedes all prior oral or written negotiations, representations, or agreements. This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Contract.

14. Exhibits; Precedence. All documents referenced as exhibits in this Contract are hereby incorporated into this Contract by this reference. In the event of any inconsistency between the express provisions of this Contract and any provision of an exhibit, the provisions of this Contract, then the City’s invitation for bids, if any, shall prevail.

15. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.

IN WITNESS WHEREOF, the parties hereto have executed the Contract the day and year first above written.

C-9

CITY OF BUENA PARK

By:

City Manager

ATTEST: APPROVED AS TO FORM:

By: By:

City Clerk City Attorney

Dated:
(“CONTRACTOR”)

By:

Headquarters
3452 E Foothill Blvd / Suite 200
Pasadena, CA 91107 USA

P 626 685 6989
F 626 685 6985
Pasadena / Dallas / Las Vegas / Oakland / San Diego

thesolisgroup.com
May 22, 2024

Norman C. Wray, Sr. Engineering Technician
City of Buena Park
Department of Public Works
6650 Beach Boulevard
Buena Park, CA 90621
Re: Proposal for CWA Administration Services for the
Regio Avenue Street Improvement Project
Dear Norman C. Wray:

The Solís Group (TSG) is pleased to submit this cost proposal to provide CWA administration services required for the above referenced project. The work scope for this assignment is based on our proposal dated June 3, 2022. Our cost proposal based on information provided by the City is summarized below.

Project Description
Construction
Value
Duration
(including closeout)
Monthly
Fee
Life of Project
Cost Estimate
Regio Avenue Street
Improvement $ 680,000 3 $ 1,345 $ 4,035
TOTAL COST $ 4,035

If actual construction (including punch list) and closeout extends beyond the planned duration, we will examine the need for additional budget.

We appreciate the opportunity to serve the City. If you have any questions regarding this cost proposal, please contact the undersigned. Please send Notice-to-Proceed to Sabrina Cristi, Accounting Assistant, at [email protected].

Sincerely,

Lina Gerpe
Marketing Pursuit Lead
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City of Buena Park
City Council Regular Meeting Agenda Report
APPROVAL AND APPROPRIATION OF REVISIONS TO THE FISCAL YEAR 2024-25 ADOPTED BUDGET Meeting
Tuesday, June 25, 2024, 5:00 PM
Agenda Group
NEW BUSINESS Item: 5B
Presented By
Sung Hyun, Director of Finance
Prepared By
Sung Hyun, Director of Finance
Approved By
Aaron France, City Manager

RECOMMENDED ACTION
1) Approve and appropriate revisions to the ﬁscal year 2024-25 Adopted Budget.

PREVIOUS CITY COUNCIL ACTION
On June 26, 2023, the City Council approved the annual budgets for ﬁscal years 2023-24 and 2024-25. On May 28, 2024, Council reviewed and studied the ﬁscal year 2024-25 Preliminary Revised Budget and directed staff to bring back the item for formal approval.

DISCUSSION
At the budget workshop on May 28, 2024, the City Council reviewed and approved revisions to the FY2024-25 Adopted Budget, which is the second year of the original two-year budget. The discussion included items unanticipated during the original preparation of the two-year budget.

The revisions that were presented included:

CalPERS unfunded accrued liability (UAL) adjustment
Human Resources Analyst continuation for six months
Community Development Plan Check consultant
Community Development work management software
Community Development part-time Facility Maintenance Worker Community Services special events part-time staﬃng and supplies Police Communications Call-Taker part-time staﬃng adjustment Police equipment adjustment
Police emergency operations center (EOC) supplies
Public Works right-of-way maintenance supplies
Water operations supplies and services

Wastewater operations supplies and services
Vactor truck replacement
Vehicle maintenance training and services
Building modiﬁcations at Ehlers Event Center
Building modiﬁcations at Bellis Park
Building modiﬁcations at Peak Park
Building modiﬁcations at Larwin Park
Ehlers Event Center Phase II CIP
Mandated Organics and Edible Food Recycling CIP
Energy Eﬃciency Improvements CIP
Thelma Avenue Community Gardens Phase 1 CIP
Peak Park Pool Building Improvements CIP
Annual Battery Backup Upgrades CIP
Valley View Street Pavement Rehabilitation – Ball to Cerritos CIP Dale and Whitaker Complete Streets CIP
The following policy issues have also been implemented:

WE LEAD BP additional funding
Full-time Planning Technician
In addition, these necessary adjustments became known after the budget workshop:

Community Development Block Grant (CDBG) allocation adjustment Orange County Fire Authority (OCFA) contract adjustment Special Election additional costs
P-Nut Baseball End-of-the Season Campout program
The total appropriations for all budgeted funds for ﬁscal year 2024-25 are $147,913,780. The operating appropriations on an all funds basis are $133,694,030, and the appropriations for the Capital Improvement Program are $14,219,750. Attachment 1 provides a summary of estimated revenues, appropriations (with detail as to the type of budgeted expenditures) and the projected surplus or deﬁcit for each budgeted fund for ﬁscal year 2024-25.

The General Fund comprises 66.1% of the total appropriations on an all funds basis. As detailed in Attachment 2, the General Fund is projected to complete ﬁscal year 2024-25 with a revised surplus of $1,873,710, after factoring in projected vacant positions.

Over the last year, the City has conducted extensive engagement throughout the community to allow residents, businesses, and community members from every corner of Buena Park to Speak Up and join the conversation.

After several community presentations, months of outreach, two scientiﬁcally conducted community surveys, and many community updates and emails, the City would like to thank the nearly 2,000 residents who have participated in Speak Up Buena Park! and gave their feedback through the community discussion around City service needs and priorities. The City is listening and has taken their feedback into consideration in this year’s budget process.

Here are the top priorities identiﬁed by the community:

Preventing crime, including property crimes, like burglary, robbery and car theft Ensuring that children have safe places to play and safe routes to school Maintaining 911 emergency response and retaining/attracting well-trained police oﬃcers Keeping public areas safe and clean
Keeping Buena Park affordable for middle class and working people Helping maintain the City’s quality of life for local residents Addressing homelessness
Budget feedback on community priorities:

Residents have told us public safety is a top priority and the budget currently reﬂects:

The Buena Park Police Department is facing a staﬃng shortage.

The City must be able to recruit and retain experienced police oﬃcers.

Even in safe communities like Buena Park, robberies, assaults, burglaries, vehicle thefts and arson all increased in 2022.
911 calls have increased 24% since 2021, straining response times.

Thousands of Buena Park older adults beneﬁt from our community’s senior programs like Meals on Wheels, senior transportation services, and the Buena Park Senior Center. The City strives to continue to offer quality programs that support our growing senior community and allow them to age in place.

During these uncertain times, the City must preserve local control over Buena Park taxpayer dollars so that they stay local and serve our community’s needs ensuring they are spent in our own community on essential City services.

BUDGET IMPACT
Total appropriations for all budgeted funds for ﬁscal year 2024-25 are $147,913,780.

Attachments
Attachment 1 - Summary of Resources and Requirements.pdf Attachment 2 - Comparison of General Fund Budget.pdf
Attachment 1
Beginning Resources
Estimated
Balance Estimated Transfers Total
FUND TYPE/DESCRIPTION July 2024 Revenue In Resources
General and Special Revenue Funds:

General Fund 36,270,000 $ 93,616,850$ 397,670 $ 130,284,520$ Economic Development Fund 7,782,000 2,015,000 - 9,797,000 Opioid Settlement Fund 174,000 - - 174,000 Asset Forfeiture Fund 282,000 154,000 - 436,000 Capital Projects Fund - 137,750 - 137,750 Proposition 172 PD Augmentation Fund 226,000 550,000 - 776,000 Supplemental Law Enforcement Fund - 230,500 167,740 398,240 Gas Tax Fund 1,240,000 4,515,200 - 5,755,200 Measure M2 Fund 685,000 2,292,270 - 2,977,270 HOME Deferred Loan Fund 1,172,000 3,130 - 1,175,130 Community Development Block Grant Fund - 933,150 - 933,150 State OCATT Fund - 247,400 - 247,400 CalHome Program Fund 1,203,000 - - 1,203,000 Park In-Lieu Fund - 1,510,000 - 1,510,000 Traffic Congestion Relief Fund 53,000 5,500 - 58,500 AB2766/AQMD Fund 331,000 105,000 - 436,000 Successor Agency to RDA - 5,977,380 - 5,977,380 Low/Mod Housing Successor Fund 4,125,200 - - 4,125,200 General and Special Revenue Funds Total:53,543,200 112,293,130 565,410 166,401,740 Enterprise Funds:

Water Enterprise Fund 8,141,000 17,676,810 - 25,817,810 Wastewater Enterprise Fund 1,300,000 1,828,680 - 3,128,680 Enterprise Funds Total: 9,441,000 19,505,490 - 28,946,490 Internal Service Funds:

Workers' Compensation Fund 3,827,000 767,780 - 4,594,780 Liability Insurance Fund 1,357,000 3,000 1,709,000 3,069,000 Accrued Leave Fund 16,000 505,000 - 521,000 Equipment Maintenance & Replacement Fund 7,583,000 2,753,600 261,000 10,597,600 Management Information Systems Fund 1,266,000 1,012,700 - 2,278,700 Facilities Maintenance Fund 386,000 2,752,700 - 3,138,700 Internal Service Funds Total: 14,435,000 7,794,780 1,970,000 24,199,780 Grand Totals 77,419,200$ 139,593,400$ 2,535,410$ 219,548,010$

CITY OF BUENA PARK
Summary of Resources and Requirements
Fiscal Year 2024-25
Attachment 1

Ending
Estimated
Salaries Maintenance Capital Capital Transfers Total Surplus Balance & Benefits & Operations Equipment Projects Out Requirements (Deficit) June 2025 50,306,550$ 39,475,860$ 359,460 $ 6,122,000$ 1,501,940$ 97,765,810$ (3,751,290)$ 32,518,710$ 29,650 399,360 - - 68,000 497,010 1,517,990 9,299,990 - - - - - - - 174,000 25,000 63,000 - - - 88,000 66,000 348,000 - - - 137,750 - 137,750 - - 535,860 123,740 - - - 659,600 (109,600) 116,400 398,240 - - - - 398,240 - - 662,040 241,370 - 3,825,000 22,500 4,750,910 (235,710) 1,004,290 604,810 16,760 - 1,200,000 - 1,821,570 470,700 1,155,700 57,050 650,000 - - - 707,050 (703,920) 468,080 530,410 426,990 - - - 957,400 (24,250) (24,250) 247,400 - - - - 247,400 - - - - - - - - - 1,203,000 - - - - - - 1,510,000 1,510,000 - - - - - - 5,500 58,500 8,120 11,000 - - 116,000 135,120 (30,120) 300,880 107,140 5,870,240 - - - 5,977,380 - - 292,020 55,210 - - 250,000 597,230 (597,230) 3,527,970 53,804,290 47,333,530 359,460 11,284,750 1,958,440 114,740,470 (1,881,930) 51,661,270 3,954,450 14,218,860 53,610 1,935,000 365,270 20,527,190 (2,850,380) 5,290,620 496,990 509,740 2,460 1,000,000 - 2,009,190 (180,510) 1,119,490 4,451,440 14,728,600 56,070 2,935,000 365,270 22,536,380 (3,030,890) 6,410,110 - 1,226,000 - - 189,200 1,415,200 (647,420) 3,179,580 - 2,342,100 - - - 2,342,100 (630,100) 726,900 500,000 - - - - 500,000 5,000 21,000 626,770 1,258,580 671,100 - - 2,556,450 458,150 8,041,150 337,100 489,430 176,300 - - 1,002,830 9,870 1,275,870 527,400 2,264,450 6,000 - 22,500 2,820,350 (67,650) 318,350 1,991,270 7,580,560 853,400 - 211,700 10,636,930 (872,150) 13,562,850 60,247,000$ 69,642,690$ 1,268,930$ 14,219,750$ 2,535,410$ 147,913,780$ (5,784,970)$ 71,634,230$ Requirements
Attachment 2 CITY OF BUENA PARK
Comparison of General Fund Budget
For Fiscal Years 2023-24 and 2024-25
Adopted Revised Percent
Budget Budget Increase/
2024-25 2024-25 (Decrease)
General Fund Undesignated Reserve -$ 5,000,000$ - Estimated Operating Revenues 90,440,850 93,616,850 3.51% Estimated Operating Expenditures (87,791,080) (90,141,870) 2.68% Less:

Transfers Out (1,496,340) (1,501,940) 0.37%
Capital Improvement Projects (450,000) (6,122,000) 1260.44% Add:

Transfers In 397,670 397,670 0.00%
Estimated Fund Surplus (Deficit) 1,101,100 1,248,710 13.41% Current vacant positions 269,000 225,000
Projected vacant positions 400,000 400,000
Revised Surplus (Deficit) 1,770,100$ 1,873,710 $
Expenditure Recap
Operating Expenditures 87,791,080$ 90,141,870 $ 2.68% Transfers Out 1,496,340 1,501,940 0.37%
Capital Improvement Projects 450,000 6,122,000 1260.44% Total General Fund Expenditures 89,737,420$ 97,765,810 $ 8.95% City of Buena Park
City Council Regular Meeting Agenda Report

APPROVE CONTRACT WITH MERCY HOUSE FOR THE OPERATION OF THE BUENA PARK NAVIGATION CENTER Meeting
Tuesday, June 25, 2024, 5:00 PM
Agenda Group
NEW BUSINESS Item: 5C
Presented By
Jim Box, Director of Community Services
Prepared By
Jim Box, Director of Community Services
Approved By
Aaron France, City Manager

RECOMMENDED ACTION
1) Approve a Professional Services Agreement with Mercy House for operating a year-round emergency shelter/multi-service center located at 6490 Caballero Boulevard in the annual amount of $3,649,468.90; 2) Authorize the City Manager and City Attorney to make any necessary, non -monetary changes to the agreement; 3) Authorize the City Manager and City Clerk to execute the agreement; and, 4) Approve a budget appropriation in the amount of $396,490 from the undesignated General Fund balance for this purpose.

PREVIOUS CITY COUNCIL ACTION
On May 28, 2019, the City Council approved a contract with Mercy House to operate a year-round shelter/multi- service center located at 6490 Caballero Blvd. following an initial Request for Proposal (RFP) process. On February 25, 2020, the City Council approved a professional services agreement with Mercy House for program roll-out and on-boarding services in preparation of the opening of the shelter. On May 1, 2020, the City Council-approved operator contract was executed for an initial two-year term with three one-year extension options. On June 28, 2022, the City Council approved Amendment No. 1 to the agreement to exercise the ﬁrst of three, one-year extension options. On July 11, 2023, the City Council approved Amendment No. 2 to the agreement to exercise the second of three, one-year extension options.

DISCUSSION
The North Orange County Service Planning Area ("North SPA") received Homeless Emergency Aid Program (HEAP) funding to construct two Navigation Centers in March and June of 2020 in the cities of Buena Park and Placentia, respectively. The North SPA is comprised of the cities of Anaheim, Brea, Buena Park, Cypress, Fullerton, La Habra, La Palma, Los Alamitos, Orange, Placentia, Villa Park, Stanton and Yorba Linda. The Buena Park Navigation Center ("Center") is located at 6494 Caballero Blvd. The Center is one of the two (2) facilities currently serving the North SPA. The Center along with the other North SPA site in Placentia, addresses a comprehensive regional solution in North Orange County to provide supportive services to individuals experiencing homelessness. The 149 beds at the Buena Park Center are designated for North SPA cities only.

The City of Buena Park has determined that the continued use of a qualiﬁed nonproﬁt organization, experienced in homeless services, would be the most effective approach for the management of the daily operations of the Navigation Center. Mercy House has been successfully managing the daily operations of the Navigation Center.

The City had the option of utilizing the ﬁnal one-year extension option of the existing agreement with Mercy House, but elected to partner with the City of Placentia in issuing a joint Request for Proposal (RFP) for the selection of an operator for both the Buena Park and Placentia shelters in hopes of lowering operational costs through economies of scale.

On February 5, 2024, the City released the Joint Navigation Center Operator RFP No. 24-01 seeking an experienced professional service provider to manage the Centers. The North SPA retained Susan Price as a consultant to assist with the preparation of the RFP documents and the RFP process, as well as for the selection of the provider for both the Buena Park and Placentia Navigation Centers. General prerequisites of the proposer identiﬁed in the RFP included:

Proposer must be a qualiﬁed private or public non-proﬁt organization currently engaged in providing homeless services and successfully managing homeless service centers.

Have a minimum of three (3) consecutive years of successfully managing and operating homeless programs and delivering relevant services of similar type and scope.

Have the current organizational experience and staff capacity to undertake a new Homeless Service Center Program.

Have not ﬁled for bankruptcy under any business name over the past ﬁve (5) years.

Proposer of its key personnel shall hold the appropriate license for the services provided prior to signing any contract for the operation of the Navigation Center.

On April 3, 2024, the City of Buena Park received one (1) proposal (Mercy House) and the City of Placentia received two (2) proposals (Mercy House/Salvation Army) in response to the joint RFP. A panel of qualiﬁed stakeholders and reviewers were tasked with reading the submitted proposals and scoring them based upon speciﬁc evaluation criteria identiﬁed in the RFP. The review panel was comprised of representatives from various local organizations and local cities, along with City staff.

Several panel members served on both the written proposal review panel and ﬁve (5) members served on the interview panel. The evaluation panel consisted of the following representatives:

City of Placentia Council Member and Chair of the Bridges at Kraemer Navigation Center Community Advisory Board, Ward Smith
City of Placentia Council Member Rhonda Shader
City of Buena Park Council Member Connor Traut
City of Orange City Manager Tom Kisela
City of Fullerton City Manager Eric Levitt
City of Placentia Police Chief Brad Butts
City of Buena Park Police Chief Frank Nunes
City of Placentia Community Services Director Karen Crocker City of Buena Park Community Services Director Jim Box
The interview panel consisted of the following representatives:

City of Placentia Council Member and Chair of the Bridges at Kraemer Navigation Center Community Advisory Board, Ward Smith
City of Yorba Linda Council Member Janice Lim
City of Placentia Police Chief Brad Butts
City of Buena Park Chief of Police Frank Nunes
City of Placentia Community Services Director Karen Crocker The panelists were chosen to serve on the Evaluation Panel because they have a fundamental understanding of the Buena Park and Placentia community and/or specialized experience with homeless emergency shelter operations.

In addition, some of the panel members have worked collaboratively with the City in its efforts to end homelessness and/or have ﬁrsthand experience addressing issues such as access to basic needs, access to mental and medical health services, and access to permanent supportive housing services. Each panelist provided unique and valuable input throughout the process including insight on important matters related to homelessness.

Based upon the scores provided by the Evaluation Panel, an interview was held with the proposer. The proposer was asked a series of questions and asked to elaborate on their intended budget and management plan for the proposed Center.

The evaluation criteria identiﬁed in the RFP included the following:

Completeness and accuracy of the proposal forms and requested narratives.

Organization's experience in providing and managing homelessness and emergency shelter programs similar in nature to the proposed Navigation Center.

Level and types of services.

Service delivery model and partnerships.

Connection to and knowledge of the local community.

The proposer's ﬁnal score for the Buena Park Navigation Center is identiﬁed in the table below:

Proposer Final Score
Mercy House 85.33
The proposed budget provided by the proposer is identiﬁed in the table below:

Proposer Proposed Annual Budget
Mercy House $3,649,468.90
Based upon the quality of the proposal in terms of completeness and responsiveness, proposed services, professional qualiﬁcations, ability to operate within the proposed Center budget, and the proposer interviews, the Evaluation Panel recommended Mercy House as the operator for the operations and management of the Buena Park Navigation Center and Salvation Army as the operator for management of the Placentia Navigation Center.

Staff recommends the City Council consider the Evaluation Panel's recommendation and award a three-year contract to Mercy House from the date the agreement is fully executed for the year-round operations and management of the Center.

BUDGET IMPACT
The North SPA Cities will be responsible for the ongoing operational costs related to the Center. On May 14, 2019, the City Council approved a Memorandum of Understanding (MOU) for the North SPA to establish a multi- jurisdictional approach for the construction and operation of "Navigation Centers" that will serve homeless persons located within the North SPA of Orange County.

The Mercy House RFP budget is in the amount of $3,649,468.90. A total of $3,302,980 is budgeted for FY 2024- 2025 for this contract. Additionally, staff is proposing a $50,000 facility maintenance line item to cover ongoing maintenance associated with the facility. As a result, a budget amendment in the amount of $396,490 from the undesignated General Fund balance is necessary to cover the shortfall.

Funding for the Center comes from funds contributed by all North SPA cities. After reimbursement from the North SPA cities, no General Fund dollars will be utilized for the operation of the Center. The North SPA cities convene on a quarterly basis throughout the contract period to evaluate ongoing operational costs and to determine if additional funding as may be necessary. A North SPA meeting occurred on June 6, 2024, in which the RFP process, Evaluation Panel recommendation, and timeline was provided to all partner cities.

Attachments
Final Navigation Center RFP 2.1.24 AM.pdf
Mercy House Agreement 6.17.24.ﬁnal.pdf
Mercy House Budget FY 24-25.pdf
Attachment A-1 (Contractor's Proposal).pdf
Attachment D (HEAP Agreement).pdf
Attachment E (N-SPA MOU).pdf
BPNC MOPS revised 4.19.23.pdf

1 JOINT REQUEST FOR PROPOSALS (RFP)
FOR

THE OPERA TOR OF TWO

NORTH SERVICE PLANNING AREA (NSP A)

NAVIGA TION CENTERS IN

PLACENTIA AND BUENA P ARK

REPRESENTING THE NORTH SP A CITIES:

CITY OF PLACENTIA
401 EAST CHAPMAN AVENUE
PLACENTIA, CALIFORNIA 92870

MADELINNE VILLAPANDO

COMMUNITY SERVICES DEPARTMENT
Tel: (714) 993-8233
[email protected]

ii
Table of Contents
Notice Inviting Proposals ................................ . 1 Executive Summary ................................ ........ 3 Background ................................ ..................... 4 Eligible Respondents ................................ ...... 4 Available Funding ................................ ........... 5 RFP Timeline ................................ .................. 6 Proposal Selection Process ............................ 7 Scope of Services ................................ ........... 8 Project Outcomes ................................ ......... 13 Proposal Evaluation & Scoring ...................... 15 Minimum Submission Requirements ............. 16
Proposal Requirements ................................ . 19 General Information ................................ ...... 29 Agreement Information ................................ .. 30 Insurance Requirements ............................... 33 Exhibit A – County of Orange Standards of
Care for Emergency Shelter Providers .......... 37
Exhibit B – City of Placentia Sample
Professional Services Agreement .................. 38
Exhibit C – Placentia Management and
Operations Plan (MOPS) ................................ 59 Exhibit D – City of Placentia Insurance
Requirements ................................................. 60 Exhibit E – City of Buena Park Sample
Contract ......................................................... 61 Exhibit F – City of Buena Park Management
and Operations Plan (MOPS) ......................... 62

RFP: TWO NORTH SPA NAVIGATION CENTERS
City of Placentia and City of Buena Park

1 NOTICE INVITING PROPOSALS
NOTICE IS HEREBY GIVEN THAT PROPOSALS will be received from qualified non -profit service providers (who provide services for individuals that are homeless) to operate two, year- round North Service Planning Area Navigation Centers (NSPA) in the cities of Placentia and Buena Park.

Responses to this Request for Proposals (RFP) will be accepted until Tuesday, March 12, 2024 at 3:00 P.M. Deadline. Proposals received after this date/time will not be considered.

The Cites of Placentia and Buena Park invite proposals for the operating of two north service planning area (NSPA) Navigation Centers in their respective jurisdictions. The City of Placentia and City of Buena Park are seeking proposals from eligible respondents to enter a public-private partnership to operate two, year -round North SPA cities Navigation Centers that will serve approximately 249 individuals: 100 beds in Placentia and 149 beds in Buena Park. The term of any agreement will be for three years, with the possibility of up to two additional o ne-year extensions based on performance by the operator(s).

Both Navigation Centers provide sheltering and comprehensive supportive services to program participants with the primary goal of self-sufficiency and housing stability upon graduation. Some of the onsite services include but are not limited to transportation in and out, individualized case management and treatment planning, behavioral and substance abuse services, social services, meal services, housing navigation and placement assistance, and 24/7 staffing supervision and security.

The Proposal and Contract specifications for this proposal are available to download at no cost from the electronic bid management system, PlanetBids at: Placentia Planetbids

Proposers must be registered on the City of Placentia’s PlanetBids portal in order to receive addendum notifications and to submit a proposal. Go to PlanetBids for proposal results and awards. It is the responsibility of the proposers to submit the proposa l with sufficient time to be received by Planetbids prior to the proposal opening date and time. Allow time for technical difficulties, uploading, and expected delays. Late or incomplete proposals will not be accepted.

RFP: TWO NORTH SPA NAVIGATION CENTERS
City of Placentia and City of Buena Park

2 NO HARD COPY PROPOSAL DOCUMENTS WILL BE AVAILABLE FOR PURCHASE.

Electronic proposals will be received via the City of Placentia Vendor Portal through PlanetBids prior to March 12, 2024, by 3:00 PM at which time or shortly thereafter, they will be publicly opened via Planetbids.

FAILURE TO SUBMIT THE REQUIRED DOCUMENTS, WITH THE BID PROPOSAL SHALL BE JUST CAUSE FOR REJECTION OF THE BID.

The City reserves the right to reject any and all bids.

Any questions regarding this proposal request must be submitted in writing through the electronic proposal management system at: Placentia Planetbids by no later than the date and time specified.

Please click here to view information about the Buena Park Navigation Center

• The City reserves the right to reject any and all proposals and to waive information and minor irregularities in any proposal received.
• Acceptance of Terms and Conditions - Submission of a proposal pursuant to this RFP shall constitute acknowledgement and acceptance of all terms and conditions hereinafter set forth in this RFP.

RFP: TWO NORTH SPA NAVIGATION CENTERS
City of Placentia and City of Buena Park

3 EXECUTIVE SUMMARY
The City of Placentia and City of Buena Park are seeking proposals from eligible respondents to enter a public -private partnership to operate two, year-round North SPA cities Navigation Centers that will serve approximately 249 individuals: 100 beds in Placentia and 149 beds in Buena Park. The term of any agreement will be for three years, with the possibility of up to two additional one-year extensions based on performance by the operator(s).

The Placentia site is located at 731 South Melrose Street, Placentia, CA, and the Buena Park site is located at 6494 Caballero Boulevard, Buena Park, CA. These sites meet the SB2 zone criteria for Navigation Centers. Funding is provided by a formal Memorandum of Understanding with the 12 North Service Planning Area (NSPA) cities of Brea, Buena Park, Cypress, Fullerton, La Habra, La Palma, Los Alamitos, Placentia, Orange, Stanton, Villa Park and Yorba Linda, through various funding sources. The City of Anaheim is not a participating party to the NSPA regional partnership; however, collaboration is ongoing. Only non-profit organizations currently providing Navigation Center or shelter services to individuals experiencing homelessness that meet the minimum submission requirements will be considered.

It is expected that the respondents to this RFP will be full y ready to operate the Navigation Centers beginning July 1, 2024, following the conclusion of the RFP process, contingent upon the selection and subsequent approval of the NSPA cities and the City Councils for Placentia and Buena Park.

RFP: TWO NORTH SPA NAVIGATION CENTERS
City of Placentia and City of Buena Park

4 BACKGROUND
Over the past 5 years, the NSPA cities have created a regional partnership in an effort to address the growing issue of homelessness in the Orange County North Service Planning Area . In June 2019, the NSPA cities entered into a Memorandum of Understanding (MOU) to cooperate on the development of two Navigation Centers in the North SPA. In the Federal Court Case, Catholic Worker et.al. vs. County of Orange et.al. (2018), cities were called to task to provide sheltering resources for the unsheltered Point-In-Time (PIT) Count results in the region . The NSPA MOU and development of two navigation centers totaling 249 shelter beds has been approved by the Court, in addition to adhering to the County of Orange Continuum of Care (CoC) Standards of Care, which is attachment A in this RFP. The Placentia navigation center opened its doors in March 2020 and the Buena Park navigation center opened in June 2020, after both cities managed an expedited process of site location and design/build to develop these sheltering resource centers which are funded by the collaborative MOU of the North SPA cities.

According to the 2022 Orange County PIT Count, the number of unsheltered individuals living in the County is 3,057. The NSPA cities of have a total count of 628 unsheltered individuals, thus representing 20.5% of the County total. The North SPA cities represent a strong regional partnership invested in providing resources that prevent and end homelessness in their communities.

The collaboration has been recognized as an effective regional model to close gaps in the system of care and has increased the level of engagement and care that is provided to the homeless population within the North SPA and the County of Orange Continuum of Care System.

ELIGIBLE RESPONDENTS
An Eligible Respondent is a qualified non -profit service provider that has verifiable experience serving the homeless population as it relates to the qualifications outlined in this RFP.

It is understood the selected Respondent acting as an individual, partnership, corporation or other legal entity, is of professional status, licensed to perform in the State of California and for all applicable professional discipline(s) requiring licensin g and will be governed by the professional ethics in its relationship to the cities of Placentia, Buena Park, and/or the NSPA cities.

RFP: TWO NORTH SPA NAVIGATION CENTERS
City of Placentia and City of Buena Park

5 It is also understood that all reports, information, and/or data prepared or assembled by the Respondent for this RFP, or under a contract awarded pursuant to this RFP may be made available to any individual or organization under the California Public Records Act (CPRA), subject to limitations and exemptions in the CPRA. Each Respondent shall be financially solvent and shall be competent to perform the services required under this RFP document.

Proposals will only be considered from Respondents which meet the following prerequisites:
• Have at least three consecutive years of successfully managing and operating emergency shelter programs and delivering relevant services of a similar type and scope as described in the Scope of Work.
• Have not filed for bankruptcy under any business name over the past five (5) years. • Have the current organizational experience and staff capacity to operate one or both Year-Round Homeless Navigation Centers.
• Possess knowledge of or be an active participant in the Orange County Continuum of Care (CoC) or other regional Homeless Services Continuum of Care.

AVAILABLE FUNDING
The North SPA cities and the County of Orange have programed a combination of funding towards the program and operation of the two navigation centers in the N orth SPA. These funding sources may include but are not limited to : Community Development Block Grant , Emergency Solutions Grant, Low-Moderate Income Housing Asset Fund, Permanent Local Housing Allocation ( PLHA or SB2) and Homelessness, Housing Assistance Program (HHAP) funding. It is highly desirable that the selected non -profit provider ha ve extensive experience with county, state and federal grant requirements.

The current operational budget for Buena Park Navigation Center is $ 3.3 million annually and Placentia Navigation Center is $1.6 million annually. Both Placentia and Buena Park Navigation Centers are included within this Joint RFP because the current operational agreements expire in 2024. The operator for the Placentia Navigation Center is voluntarily not renewing its contract and will work with the newly selected operator on a seamless transition. The City of Buena Park has invited its current operator to respond to this RFP and may elect to recontract with that operator or select a new operator through this process. Considering the complexity of an operational provider transition, the RFP timeline is tentative and must remain flexible to accommodate a seamless transition for all parties.

RFP: TWO NORTH SPA NAVIGATION CENTERS
City of Placentia and City of Buena Park

6 Funds used may have varying requirements including both quarterly and annual reporting for both the Cities of Placentia and Buena Park but also the Respondent. The basic program regulations governing management and financial systems for the Community Development Block Grant and Emergency Solutions Grant are disseminated by the Federal government in 24 CFR Part 570, Subparts J and K.The host cities of Placentia and Buena Park will execute the Professional Services Agreements for the Operator(s) of the two Na vigation Centers, wi th funding provided by the North SPA Collaborative. All requirements of the applicable local, state, federal, or private funding sources will apply to projects selected under this RFP.

In an effort to align both sites for operational consistency and leverag ed funding, this RFP will prioritize responsive submissions that propose to operate both programs , while considering all other proposals that propose to operate Placentia or Buena Park individually. The North SPA including the Cities of Placentia and Buena Park may e lect to award contracts for individual operators for each Navigation Center or award both Navigation Center contracts to one provider to operate both.

RFP TIMELINE
The North SPA expects proposals to be project-ready with the intent of having staffing capacity and readiness to operate the Navigation Centers, with P lacentia anticipated to begin July 1, 2024, and Buena Park August 1, 2024, respectively.

Any questions or requests for clarifications regarding this proposal must be submitted in writing through the electronic proposal management system at: Placentia Planetbids by no later than the date and time specified.

Any communication, whether written or verbal, with any City Councilmember or City staff of either City other than the process indicated above, prior to award of a contract by the City Council of each City, is strictly prohibited and the Proposer may be disqualified from consideration.

RFP: TWO NORTH SPA NAVIGATION CENTERS
City of Placentia and City of Buena Park

7 The following is the tentative timeline for the RFP process.

ACTION ITEM DATE
Release of RFP February 5, 2024
RFP Questions Due February 15, 2024 by 4pm
RFP Responses to Questions February 21, 2024
Proposal Submittal Deadline March 12, 2024 by 3pm
Panel Interviews Week of April 15 TBD
City Council Approval (Tentative) June 2024
Program Operation Starts (Placentia) July 1, 2024 TBD
Program Operation Starts (Buena Park) August 1, 2024 TBD

PROPOSAL SELECTION PROCESS
The NSPA cities shall establish a proposal evaluation committee comprised of its diverse membership to review and score proposals received. All proposals will be scored based on the criteria in this RFP. Additional information may be requested by the proposal evaluation committee prior to making a recommendation for award. Recommendations from the proposal evaluation co mmittee will be present ed to the NSPA cities and upon their approval, to both Placentia and Buena Park City Councils for consideration and award of each contract. The cities of Placentia and Buena Park reserve the right to conduct further background and reference checks on the final recommendation prior to Council consideration of this RFP award.

The NSPA cities shall not be liable for any costs incurred in response to this RFP, including but not limited to, costs for any interviews, presentations, or other follow -up information necessary as part of the selection process.

RFP: TWO NORTH SPA NAVIGATION CENTERS
City of Placentia and City of Buena Park

8 All costs shall be borne by the organization responding to this RFP. The organization responding to this RFP shall hold the cities of Placentia, Buena Park and the NSPA cities harmless from any liability, claim, and expense whatsoever incurred by or on behalf of the organization.

SCOPE OF SERVICES
Overview
The two NSPA Navigation Centers and related supportive service programs are designed to provide a safe environment and a pathway for individuals and couples experiencing homelessness on the streets of NSPA, excluding Anaheim, to transition into stable housing. The Navigation Centers are not designed to accommodate families or children. Clients will be admitted with low-barrier requirements through a referral system and coordination with the NSPA Police Departments, or other approved outreach teams, with no walk-ins allowed. The shelter program will incorporate transportation pick up and drop off points, or a similar model type that supports the individual needs of participants. The overall project will represent best practices in exceptional trauma-informed care for all shelter participants. The City’s obligation will be for funding. The operation of the shelter will be undertaken by the selected Respondent.

Project Requirements
Respondents to this RFP should specify programs and services for homeless individuals that, based on evidence, successfully promote the principles of Housing First and contribute to the regional goals of ensuring instances of homelessness are rare, brief, and non-recurring. All services must be easily accessible and evaluated for effectiveness on a regular basis.

The NSPA Navigation Centers operate in accordance with the County of Orange Standard s of Care for Emergency Shelter Providers (Exhibit A). The document provides a comprehensive set of administrative, operational and facility -based standards designed to support the quality and consistency of program operations, evidence-based participant services, core organizational/administrative functions, and facility design/operations. The Standards of Care ensures a trauma informed environment that allows for full incl usion of services for participants with disabilities. Effectiveness shall be measured using the Project Outcomes outlined in this RFP.

RFP: TWO NORTH SPA NAVIGATION CENTERS
City of Placentia and City of Buena Park

9 The North SPA cities align with the following Five Guiding Principles for Navigation Centers and seek an operator that will adhere to these principles in working with and for the North SPA cities:

CONSISTENCY - The North SPA cities have been operating both Navigation Centers since March and June 2020, respectively, with each managed by a different operator. With this Joint RFP, the collaborative is considering options to achieve consistency in operations of both Navigation Centers in an effort to align support service resources, appropriate staffing levels, maintain continuity for the client experience, and increase community engagement in the North SPA cities region.

ACCOUNTABILITY - Honest and ethical conduct is so important for the operator, its employees, the clients served at the Navigation Centers and for the broader community in which it operates. The North SPA cities have invested in the endeavor of helping people that are experiencing homelessness in this region and it is imperative that all of its partners operate with flexibility, humility and commitment to promote a successful return on investment.

PERFORMANCE - Performance metrics provide ongoing information about the clients served, the operational services provided and the effectiveness of the supportive service components to yield favorable results. This is challenging work with people helping people, and the data often tells a story. Matching the appropriate intervention for each unique client and ensuring follow through are important in best serving the target population and achieving positive outcomes. Monthly and Annual Performance Reporting is critical to the efforts and promotes refinement of the program to increase its effectiveness.

QUALITY - To ensure the quality of the Navigation Center program over time, ongoing quality improvement practices will need to be implemented, including feedback from the clients served, annual and periodic auditing site visits from North SPA representatives, and 360 degree feedback from service partners and stakeholders regarding key components of the program:

Intake and Access, Transportation Plan, Supportive Services Delivery, Good Neighbor and Community Engagement, Performance Outcomes, etc.

SUSTAINABILITY - The Navigation Centers must work efficiently to operate in a fiscally responsible manner with a view to ward long term strategies and priorities that ensure positive outcomes, primarily the reduction of homelessness . Through partnerships with other entities, more people will achieve stability and become housed. Cost containment is a key strategy, and leveraging resources must be a priority in these collective efforts to be successful over time. The North SPA cities have committed to operating the two Navigation Centers for at least ten (10) years, as part of a funding agreement with Orange.

The following table below outlines the minimum service requirements for the Navigation Centers that the selected contractor (or contractors) will be expected to fulfill.

RFP: TWO NORTH SPA NAVIGATION CENTERS
City of Placentia and City of Buena Park

10 PROJECT ELEMENT
Hours of Operation • Each Navigation Center must be open 24 hours per day, seven days per week, including City holidays
Target Population • Adult individuals (ages 18 and older) and adult-only households (i.e., couples without children). No children permitted in the shelter Client Eligibility • Literally homeless within the NSPA cities • Referred by NSPA cities, including each respective police department and other approved referral points of contact • Willingness to participate in programs and services towards housing stability
• Willingness to follow shelter participant expectations EXCLUSIONS: 290 Reg. (sex offenders) /active felony warrants

RFP: TWO NORTH SPA NAVIGATION CENTERS
City of Placentia and City of Buena Park

11 PROJECT ELEMENT
Program Components
and
Residential Services
Included but not limited to the following:

• Three (3) nutritious meals each day (warming kitchen only) • Receive and handle daily food deliveries from 3rd-party providers • Transportation/Shuttle Services
• Service Animals and Pet Accommodation
• Laundry Facilities
• Address client storage issues
• Hygiene Products
• Mail services, as needed
• Telephone access, charging and message services
• Enrichment Activities / Monthly Calendar of Services/Programs • HMIS Data and Performance Participation and Documentation • Participation in the Coordinated Entry System (CES)
• Manage client reservation and referral process in NSPA using Outreach GRID
• Welcome, comprehensive intake and assessment
• Provide and coordinate support services for clients
• Housing First focus with low-barriers to entry and placements • Case management and other appropriate permanent housing- focused services (e.g., housing navigation, case conferencing) • Mental Health, Healthcare treatment and care coordination • Substance Use recovery support such as AA, 12-Step programs • Increase income: public benefits, SSI, Employment
• Coordination with the County Housing Authority, referrals to County, State and Federal programs, as well as nonprofit and social service agencies, as appropriate
• Ensure clients are appropriately engaged with individualized treatment goals, case management plans and working towards personal recover y, successful placements and improved
outcomes.
• Ensure service delivery options are provided to meet the individualized needs of each program participant, whether on- site or coordinated within the community through care
coordination.

RFP: TWO NORTH SPA NAVIGATION CENTERS
City of Placentia and City of Buena Park

12 PROJECT ELEMENT
General Standards • Operate in accordance with the County of Orange Standards of Care for Emergency Shelter Providers
• Comply with the Navigation Center Maintenance and Operations Policies of the host City
• Ensure appropriate onsite staffing coverage at all times for logistics and operations, support services and supervision of facility and clients
• Ensure proper staff orientation at onboarding, ongoing training and supervision, proper coverage for 24/7 365 operational
requirements
• 24-hour on-site security to ensure a safe environment for clients, staff, volunteers, and others
• Operator to include monthly and annual reports that provide data analysis, service delivery outcomes and performance metrics • Designated point-of-contact who is available at all times to address issues that may arise at the shelter and willingness to coordinate security issues with the Placentia, Buena Park or NSPA City Police Departments (OC Sheriff)
• Provide a means for clients to provide input into programs using program surveys, resident meetings and a grievance procedure • Data entry, analysis and reporting in HMIS for all program activities. Respondent will maintain all appropriate documentation of service delivery, incident reporting and facility maintenance.

RFP: TWO NORTH SPA NAVIGATION CENTERS
City of Placentia and City of Buena Park

13 PROJECT ELEMENT
Property Management Respondent will maintain a secure and healthful environment for delivery of all services, including:
• Site management including prompt maintenance and repair, utilities, security, janitorial services, waste removal and disposal, regularly laundered linens, and other logistically related items • COVID-19 Health and Safety protocols and quarantine procedures • Secure entry/exits for clients and service providers to be monitored by staff
• A fire escape emergency plan
• A fire watch, which shall be maintained at all times
• A written drug and alcohol free policy for staff and clients that is posted/displayed on -site at all times. The written policy shall include and describe the disciplinary action to result from the illegal use, consumption, distribution, and/or possession of drugs and/or alcohol on site
Proactive cleanliness and sanitation to prevent mold, insects like bed bugs, lice, scabies, and treatments to remedy same.

PROJECT OUTCOMES
The Performance Outcomes for the NSPA cities Navigation Centers will be measured by criteria shown in the Table below and data and metrics required by funding sources for either or both programs.

Additionally, the selected Respondent (or Respondents) and all partner organizations will be responsible for complying with standards for Homeless Management Information System (HMIS) and Coordinated Entry Systems.

All Navigation Center activities will be documented in monthly and year-end reports in a format determined by the Cities of Placentia, Buena Park and the NSPA Cities.

RFP: TWO NORTH SPA NAVIGATION CENTERS
City of Placentia and City of Buena Park

14 PERFORMANCE METRICS:

Metric Criteria
Maintain Occupancy 95%
Number of intakes and exits per month
36-hour turnover from vacancy to new intake
Increase Income 25%
Securing public benefits: GR/SSI/Disability
Employment, part-time, full-time, seasonal
Service Engagement and Utilization Rates 80%
Clients will receive 3 or more services as part of their individual service plan

Service Engagement and Utilization Rates 80%
Clients will receive 3 or more services as part of their individual service plan

Successful Exits 25%
Exit to Permanent Housing (types)
Exit Relocation to family reunification/support networks Exit to Behavioral Health or Domestic Violence Treatment Programs

Length of Stay Less than
120 days
Type of exits (successful or unsuccessful)
Evaluations for extensions based on progress towards treatment goals
15 days
Permanent Housing Placement retention 90%
Three months
Six months

RFP: TWO NORTH SPA NAVIGATION CENTERS
City of Placentia and City of Buena Park

15 Metric Criteria
Other Data Collection Requirements:

Demographics of the Client population served
Residency North SPA Cities
Origins of referrals North SPA Cities
Subpopulations: Veterans, Seniors 62+, Youth
HMIS participation
Client data entered Within 3 days
< 5% null values - data quality to meet CoC requirements <5% Null Values

PROPOSAL EVALUATION & SCORING
Proposals will be evaluated based on the following criteria:
• Completeness and accuracy of the completed proposal forms, and requested narratives. • Respondent has demonstrated experience serving persons experiencing homelessness and managing an emergency shelter/navigation center program. • Demonstrated experience in providing services and operating a shelter/navigation center program similar in nature to the proposed NSPA Cities Navigation Centers. • Ability of proposal to achieve desired project outcomes.

A total of 110 points are possible. A minimum threshold of 75 points is required for consideration of project award. Proposals will be scored based on the following:

MAXIMUM
POINTS

EVALUATION CATEGORY
25 Operator Experience and Capacity
25 Program Design and Performance Outcomes

RFP: TWO NORTH SPA NAVIGATION CENTERS
City of Placentia and City of Buena Park

16 MAXIMUM
POINTS

EVALUATION CATEGORY
25 Service Delivery Method and Staffing
20 Operator Program Budget / Leveraging
5 Alignment with NSPA Guiding Principles/Community Connectivity 100 Total Points
10 Bonus: proposal scored over 75 pts and proposed to operate both Navigation Centers within Economies of Scale.

MINIMUM SUBMISSION REQUIREMENTS
All project proposals must contain the following minimum submission requirements:

I. Operator Experience and Capacity
A. Nonprofit Organization: Respondents and partners must have achieved IRS Section 501(c)(3) tax exempt nonprofit status and California Revenue and Taxation Code tax exempt nonprofit status before the start of the contract with the City of Placentia and Buena Park. Respondents must have been in existence for at least three (3) years. 1) Nonprofit organizations are required to submit a Single Audit or Three (3) years of Audited Financial Statements from a third-party audit firm. 2) References: Minimum of t hree (3) references – Please include one program audit from a funder, one reference from a partnering Agency and one from a stakeholder associated with current contracts demonstrating successful ability to complete the responsibilities commensurate similar service provisions outlined within this RFP.
3) Demonstrated c apacity to operate Placentia (100 beds) and/or Buena Park (149 beds) Navigation Centers, which operate in a non -faith based approach, for 24/7, 365 days per year. The operational start dates are tentatively July 1, 2024 for Placentia and August 1, 2024 for Buena Park, with negotiated flexibility with the NSPA Cities upon award.

RFP: TWO NORTH SPA NAVIGATION CENTERS
City of Placentia and City of Buena Park

17 B. System Coordination: Respondent and partners must coordinate and participate in the following manner or with the following agencies:
1) 2-1-1 Database: Detailed experience with utilization and/or coordination with the Orange County 211 system.
2) Coordinated Entry System (CES): Respondents of this RFP and related service providers will be required to utilize and participate in CES as determined by the host City.
3) Memoranda of Understanding (MOU): If partnering with third -party organizations for any portion of the proposed project, a n executed MOU must be submitted, outlining the details of each partnership as part of the Proposal. 4) Utilization of Homeless Management Information System (HMIS): Service providers will enter and maintain client data in the approved HMIS, as well as obtain and report required programmatic information and data on a monthly and annual basis.
5) Work cooperatively with the North SPA Public Safety Task Force, which use s the Outreach GRID software to make referrals into both navigation centers. 6) Work with the North SPA Cities to be responsive with referrals, Good Neighbor Plan implementation and consistent reporting of program outcomes and performance metrics.

C. Housing First : Respondents and partners must demonstrate a commitment to ensuring the services created through award of this solicitation , follow the principles of Housing First as outlined by HUD and the U.S. Interagency Council on Homelessness.
1) Target Population: Respondents and partners must demonstrate a commitment to assist individuals and couples (households) who meet the U.S.

Department of Housing and Urban Development’s (HUD) definition of homeless and chronically homeless.

D. Fiscal Capacity, Compliance and Performance:

Compliance and Performance History: Respondents and partners must demonstrate compliance with prior funding awards and consistent conformance with all applicable rules and regulations. The Respondent’s prior projects over the previous five (5) years must not have resulted in contract termination or adverse audit findings.

Fiscal Performance: Respondents must demonstrate a clear professional record, with no evidence of suspensions/debarments, suits/liens/judgments, and criminal or fraudulent activity.

RFP: TWO NORTH SPA NAVIGATION CENTERS
City of Placentia and City of Buena Park

18 Fiscal Capacity: Provision of services will be funded on a 45-day reimbursable basis by the respective City to the Organization:
1) The operator must establish and maintain 90 days of operating cash reserve at time of contract execution;
2) Ability to pay for invoices up front and be reimbursed, as most of the grant funds are reimbursement only.

E. Management and Operations Plan (MOPS): Respondent must review both Management and Operations Plans (MOPS), Exhibit C for Placentia and Exhibit F for Buena Park. These documents reflect the operational plans and expectations for each program. The MOPS may be amended, over time, after award.

F. Low Barrier Access: The Navigation Centers shall be considered “low -barrier” facilities for purposes of guest access, and any entry screening, barriers, or conditions to access shall be defined in the Management and Operating Plan, as such may be approved by the participating cities in the North Orange County SPA and reasonably necessary to accomplish the purposes of this Agreement.

G. Facility Maintenance: The selected contractor will be required to keep and maintain, at its own cost and expense, the Navigation Centers and any and all improvements existing as of the services start date in good order, condition and repair, and in a neat, clean, orderly, safe and sanitary condition that complies with all applicable laws. Such maintenance and repair obligations include, but are not limited to, the landscaping, hardscaping, plumbing systems up to the service lateral connection at the street , fluorescent ceiling - mounted electric light fixtures , bulbs for fluorescent lights and related switches , windows, doors and locks, interior/non -structural/above-slab elements of the Navigation Centers and all furnishings and equipment, if applicable, janitorial services, flooring care , as well as the prevention of accumulation of any refuse or waste materials that might constitute a fire hazard or a public or private nuisance.

H. Security: Each host City will ensure that adequate security measures and policies are incorporated into the operation, including but not limited to security plans, secured entrances, on-site security personnel, video recording equipment, adequate lighting, law enforcement patrols, and neighborhood safety controls. Detailed security procedures and protocols are included in the Management and Operating Plan of each host City.

RFP: TWO NORTH SPA NAVIGATION CENTERS
City of Placentia and City of Buena Park

19 I. Reports: The selected contractor shall submit reports on a monthly basis to the applicable host City and, if requested by either City, directly to the County of Orange.

Data and due dates for the monthly reports will be items mutually agreed upon with the host City and data collected through HMIS. At least once per year, the selected contractor will cooperate with the host City in conducting a third-party review and audit of the day -to-day operational affairs of the Navigation Center , and the selected contractor shall also prepare an annual report to be presented to the North SPA cities.

J. Visitors/Tours: Visits by members of the community and tours of Navigation Centers should be made available and will be coordinated by and through the applicable host City of Placentia or Buena Park and the selected service provider.

PROPOSAL REQUIREMENTS
The City of Placentia invites proposals for the operating of two north service planning area (NSPA) Navigation Centers in Placentia and Buena Park . The City of Placentia and City of Buena Park are seeking proposals from eligible respondents to enter a public-private partnership to operate two, year -round North SPA cities Navigation Centers that will serve approximately 249 individuals: 100 beds in Placentia and 149 beds in Buena Park. The term of any agreement will be for three years, with the possibility of up to two additional one-year extensions based on performance by the operator(s).

The Proposal and Contract specifications for this proposal are available to download at no cost from the City’s electronic bid management system, PlanetBids at: Placentia Planetbids

RFP: TWO NORTH SPA NAVIGATION CENTERS
City of Placentia and City of Buena Park

20 Proposers must be registered on the City of Placentia’s PlanetBids portal in order to receive addendum notifications and to submit a proposal. Go to PlanetBids for proposal results and awards. It is the responsibility of the proposers to submit the proposa l with sufficient time to be received by Planetbids prior to the proposal opening date and time. Allow time for technical difficulties, uploading, and expected delays. Late or incomplete proposals will not be accepted.

NO HARD COPY PROPOSAL DOCUMENTS WILL BE AVAILABLE FOR PURCHASE.

FAILURE TO SUBMIT THE REQUIRED DOCUMENTS, WITH THE BID PROPOSAL SHALL BE JUST CAUSE FOR REJECTION OF THE BID.

The City reserves the right to reject any and all bids.

Any questions regarding this proposal request must be submitted in writing through the City of Placentia’s electronic proposal management system at: Placentia Planetbids by no later than the date and time specified.

• The reserves the right to reject any and all proposals and waive information and minor irregularities in any proposal received.

• Acceptance of Terms and Conditions- Submission of a proposal pursuant to this RFP shall constitute acknowledgement and acceptance of all terms and conditions hereinafter set forth in this RFP.

RFP: TWO NORTH SPA NAVIGATION CENTERS
City of Placentia and City of Buena Park

21 I. COVER PAGE

ORGANIZATION INFORMATION

Name of Organization: ___________
Executive Director/CEO: __________________________________________________

Address: _____
Phone: Fax: _____

Organization Website: ________________________________ Organization Email: ___________________________

Name and title of person submitting Proposal ___________ Phone Email address

ORGANIZATION DESCRIPTION
Are you a 501(c)(3) organization? Federal Tax ID No.:

How long has the organization been in operation?

PROPOSAL SUBMITTED FOR: (CHECK ONE)
_______ Both Navigation Centers
One Navigation Center:

Placentia ______Buena Park

RFP: TWO NORTH SPA NAVIGATION CENTERS
City of Placentia and City of Buena Park

22 CERTIFICATION
A. Non-Discrimination: This agency will, through all possible means, ensure equal opportunity for all persons to receive services, to participate in the volunteer structure, and to be employed regardless of age, handicap, national background, race, religion, sex, or sexual orientation. An existing sectarian nature of the agency shall not suffer impairment under this agreement, but participation in religiou s observances, rituals or services will not be required as a condition of receiving food, services, or shelter paid for by this grant.

B. The undersigned hereby certifies that all information given by the Service Provider in this Proposal is true and correct as of the date hereof. Non-collusion: This proposal is genuine, and not sham or collusive, nor made in the interest or on behalf of any person not herein named; the proposer has not directly induced or solicited any other proposer to put in a sham proposal, or any other person, firm or corporation to refrain from submitting a proposal; the proposer has not in any manner sought by collusion to secure for him/herself an advantage over any other proposer.

C. The undersigned hereby certifies that the Service Provider has read this Proposal and agrees that, should the project be approved, the organization will abide by the covenants contained herein.

D. The undersigned is duly authorized to execute this document on behalf of the Service Provider as of the date written below.

E. The undersigned Organization acknowledges that he/she has thoroughly reviewed all pages for this RFP. The Organization further acknowledges that he/she is aware of all the requirements of these documents and agrees to same. The Organization shall be bound to furnish the services specified according to requirements herein, upon acceptance by City of Placentia.

This Proposal must be signed by a board officer and the staff officer to whom future questions and correspondence may be addressed. Signatories attest to the accuracy of the information.

Any figures that are estimated should be marked (e).

Submitted this day of , 2024.

__________________________________________________________________________ Organization Name City/State Zip Code

RFP: TWO NORTH SPA NAVIGATION CENTERS
City of Placentia and City of Buena Park

23 Board Officer of Organization
By:

Printed Name of Authorized Representative

Name:

Signature of Authorized Representative

Title: ________________________________________________

Date: ________________________________________________

Staff Officer of Organization
By:

Printed Name of Authorized Representative

Name:

Signature of Authorized Representative

Title: ________________________________________________

Date: ________________________________________________

RFP: TWO NORTH SPA NAVIGATION CENTERS
City of Placentia and City of Buena Park

24 PROPOSAL NARRATIVE SECTIONS:

All project proposals must respond to the following sections within the page limits for each to be considered responsive:

II. Operator Experience and Capacity - (25 points) (Max 4 pages) A. Team. (5 points) Describe the Organization's leadership structure and key staff members and their duties as central to the implementation of the Proposed Navigation Center Programs. Identification of Project Lead or Program Director assigned to oversee implementation of operations of the Navigation Center(s). Describe this team member’s experience with Navigation Center operations. If more than one nonprofit is partnering in the service delivery, describe the role of each entity.

B. Experience. (10 points) Describe the Organization ’s experience providing social service programs to individuals experiencing homelessness and operating a year-round shelter/navigation center, with an emphasis on experience gained in the last three years on projects like the two North SPA Cities Navigation Center(s). 1) Describe the Organization’s experience and success operating a residential program with diverse and complex needs of homeless individuals and couples.

What has been most successful and why? How does your organization ensure clients service needs are met within program timeframes? 2) Provide examples of your Organization ’s experience and strategies in achieving favorable performance outcomes for similar projects, balancing appropriate length of stay and exits to permanent housing.

C. Capacity. (10 points) Describe the necessary components that will be required for the Organizations administrative capacity and managerial oversight to successfully operate the North SPA Cities Navigation Center(s). Describe the action steps and strategies that the organization will deploy for scaling up in a seamless transition, from another operator, within 45 to 90 days. Provide examples of how the Organization will leverage other funding and in-kind services to achieve high performing operations.

D. Documentation to be included in the Exhibits for each entity (Required to meet proposal threshold):
1) An organizational chart showing lines of responsibility for each staff position. 2) Resumes of leadership and job descriptions for key programmatic and administrative staff identified to work on these programs specifically 3) Documentation that each entity is certified by the U.S. Internal Revenue Service as a 501(c)(3) tax-exempt non-profit corporation.

RFP: TWO NORTH SPA NAVIGATION CENTERS
City of Placentia and City of Buena Park

25 4) Attach three (3) references: One funder audit report, one from a partnering agency and one from a community stakeholder. These references from public agency partners with full names, titles, contact phone and email information, and identification of the projects in which similar shelter operational services were provided.

III. Program Design and Outcomes – (25 points) (Max 4 pages) A. Program Description. Provide a d etailed narrative describing the proposed navigation center s and explaining how the program will ensure that persons with complex needs can be served effectively. Please make sure to address the following information:
1) Continuum of Care System. (3 points) Explain how the navigation centers will be integrated into the larger Continuum of Care system. 2) HMIS/CES.(2 points) Describe the Organization’s experience working in HMIS and your plan to comply with HMIS requirements. The CoC Coordinated Entry System (CES) is within the HMIS System. How does the Organization overcome system delays in securing a CES housing placement? 3) Income/Employment and Permanent Housing. (3 points) Describe how clients will be connected to increased income and permanent affordable housing.
4) Admission Criteria and Procedures. (3 points) Describe admission criteria and procedures including client rules and guidelines, identification requirements, screening requirements, bed reservation system, new clients, day leave and returning clients and hours of operation. o NSPA Cities refer clients into the program from PD Homeless Liaison Officers, City representatives and certain outreach staff using the Outreach GRID technology, there are residency requirements and 290 Registrants and those with active felony warrants are not eligible. 5) Re-admission Procedures. (2 points) Describe exit and re-admission policies and procedures.
6) Types of Services. (3 points) Describe the type of on-site and off-site services to be provided including , but not limited to : outreach and engagement, intake and assessment, case management, residential services, housing navigation and retention, behavioral health counseling and treatment , crisis intervention services, etc.

RFP: TWO NORTH SPA NAVIGATION CENTERS
City of Placentia and City of Buena Park

26 7) Case Management. (3 points) Describe the level and frequency of case management and explain the time intervals used for achieving document readiness for CES, securing income, accessing treatment referrals and achieving housing placements.
8) Program Outcomes. (3 points) Describe how the Organization will structure its program to meet and exceed program outcomes listed in the RFP. Length of Stay/Occupancy metrics are a key priority to ensure system flow. 9) Milieu Management. (3 points) Describe the Organization ’s practices for maintaining structure, order, cleanliness while promoting a healthy environment, incorporating recreation, education and activities for program participants.

IV. Service Delivery Method and Staffing – (25 points) (Max 4 pages) A. (5 points) Provide information detailing the proposed number of full-time equivalent staff (FTE) coverage for each shift. Describe what role each position plays in the management of shelter logistics, and supervision, the Navigation Center supportive services and treatment planning efforts, coordination of programs provided on and off site, and transportation, community engagement components.

B. (10 points) Describe the S taffing Management Plan including hiring , onboarding , background checks, attrition rates/response, training protocols for new staff, including but not limited to de -escalation techniques, conflict resolution and mediation, safety, confidentiality, emergency procedures, and trauma informed care.

C. (10 points) Describe how the Organization will address the following components of the program, as it pertains to the County of Orange Standards of Care for Emergency Shelter Providers and the Management and Operations Plan (MOPS) for the Navigation Center(s) in Appendix A, B and C, respectively. Please describe any deviations from the level of service described in these documents and clearly describe them in this section.
1) Describe the Safety Policy for the facility including facility maintenance, fire and earthquake safety, fire prevention procedures, lighting, loitering, entrance and exit procedures, alarms and cameras.
2) Describe the Health Policies related to disease prevention (lice, bedbugs, mold etc), quarantine procedures, addressing medications, contraband, drug and/or alcohol use or possession, health and behavioral health issues.

RFP: TWO NORTH SPA NAVIGATION CENTERS
City of Placentia and City of Buena Park

27 3) Describe the Security Plan for the facility. Use of equipment and security personnel to monitor the security of the facility and program occupants/staff. 4) Please describe your Organization ’s strategy for managing the Good Neighbor Plan and participation in the Community Advisory board/commission.
5) Describe Food Policies related to the provision of nutritional needs of clients, restricted medical diets, health department standards and the sanitary storage and preparation of food within the context of warming kitchen facilities. 6) Describe the policies of how the program will accommodate pet and service animals.
7) Describe Transportation Policies pertaining to pedestrian traffic and parking, bus and shuttle, personal vehicle transportation and parking, etc. 8) Describe Non-Discrimination Policies including but not limited to gender- specific programming, compliance with Americans Disability Act, Sexual Harassment, equity and inclusion policies and practices. 9) Explain Grievance Policies and Procedures related to receiving and posting the policy, process to make a complaint, resolving a grievance, meeting with staff and whistleblower policy.
10) Describe your agencies policies regarding Confidentiality for clients information in hard copy files and with use of databases.

V. Guiding Principles/Community Connectivity: (5 points) (Max 1.5 pages) A. Please provide a narrative description of how the Organization ’s operations will align with the Five (5) Guiding Principles for the North SPA Cities Navigation Centers.

B. Please summarize the Organization’s connection to local homeless related service provisions, include any partnerships within the North SPA region and note engagements in local community events and associations.

VI. Operator Program Budget – (20 points)
Please see Attachment #1 in Planetbids, please complete the corresponding tab for both Navigation Centers or for Placentia or Buena Park only. The Budget must reflect one annual cycle for a three year contract award.

RFP: TWO NORTH SPA NAVIGATION CENTERS
City of Placentia and City of Buena Park

28 A. Clearly identify and detail all program costs/uses for program components identified in the RFP including but not limited to personnel, case managers, housing navigators, on-site security, food and transportation.

B. Provide line item cost of services including other leveraged funding, sources and in- kind values.

VII. Required Exhibits and Attachments (NOT INCLUDED IN PAGE LIMITS) Respondent shall submit the following attachments:

A. 501(c)(3) letter and evidence in good standing , also for each partner agency proposed.

B. Three years of Audited Financial Statements or Single Audit, as applicable C. Attach the organization’s existing strategic plan or annual report, if available D. Organizational Chart, including key staffing for the proposed project E. Resumes and Job Descriptions Key Personnel
F. Memorandums of Understanding (MOU) with partner agencies, including the specific type of services committed, the frequency of service delivery, duration of partnership.

G. Three References: 1) audit from a funder 2) a partner agency 3) community stakeholder
H. Sample forms used during Client intake, Individualized Service Plan, Shelter Rules.

RFP: TWO NORTH SPA NAVIGATION CENTERS
City of Placentia and City of Buena Park

29 GENERAL INFORMATION
1) Request for Information or Clarification:

All questions or requested clarifications shall be made only in writing to Management Analyst Madelinne Villapando via email at [email protected] no later than February 15, 2024 by 4:00 P.M. No verbal requests or responses will be accepted. Interpretations or clarifications will be addressed via addenda to this RFP. a) The Cities shall have no obligation to pay costs incurred in preparation of a response to this RFP.

All data, documents , and other products used, developed or produced during response preparation to the RFP shall become the property of the City.

The Cities reserve the right to reject any and all proposals or to take any action deemed in its best interests.
2) Coordination: Coordination by the awarded Provider with the City, as well as other Contractor(s) and agencies will be required to achieve satisfactory and timely delivery of the required work. Coordination may include, but not be limited to, coordination with Media, impacted businesses, neighborhood and civic groups, local and/or state agency boards and staff, or attendance at Community or City Council meetings.

The City will decide the manner in which the coordination efforts will be conducted. At the City’s option, coordination efforts may be performed by the City’s authorized representative.

When coordination efforts require agreements, such agreements shall be coordinated with the City.
3) Business License: The selected Respondent shall be required to obtain a City of Placentia and/or Buena Park business license within 30 days of selection and must provide a copy to the City project manager or designee prior to commencing any work in in the respective City.

Authorized Signer: The signer of the proposal must declare in writing that the only person, persons, company or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person, persons, company or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud; and, that the signer of the proposal has full authority to bind the Consultant. 4) Addendum: Any changes in RFP from the date of release to the date of submittal of inquiries/questions will be summarized in an addendum or amendment to the RFP.

RFP: TWO NORTH SPA NAVIGATION CENTERS
City of Placentia and City of Buena Park

30 Notification of such addendum or amendment shall be posted on the City’s bid management system at Planetbids at: Placentia Planetbids
as set forth in the Notice Inviting Proposals. Posted responses to submitted questions will be made available on February 21, 2024 by 4 P.M.

Addenda shall become part of the agreement documents.
5) Public Record: Proposals will become public record after submission. Interested offers may submit a written request to receive the results of the evaluation. City will make best efforts to maintain Respondent information identified as proprietary information confidential, to the extent allowed under the California Public Records Act. Submit your request to, City of Placentia Community Services Department, Attn: Madelinne Villapando, Management Analyst, 401 East Chapman Avenue, Placentia, CA 92870.

AGREEMENT INFORMATION
1) Hold Harmless: To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless all North SPA Cities which include the Cities of Brea, Buena Park, Cypress, Fullerton, La Habra, La Palma, Los Alamitos, Placentia, Orange, Stanton, Villa Park and Yorba Linda, their officers, agents and employees (collectively, the “Indemnified Parties”) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actio ns, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney’s fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, “Cla ims”), which may arise from or in any manner relate (directly or indirectly) to any work performed or services provided under this Contract (including, without limitation, defects in workmanship and/or materials) or Contractor’s presence or activities cond ucted performing the work (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, Contractor, subcontractor, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them).

Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney’s fees in any action on or to enforce the terms of the Agreement. This indemnity shall apply to all claims and liability regardless of whether an y

RFP: TWO NORTH SPA NAVIGATION CENTERS
City of Placentia and City of Buena Park

31 insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Contractor.
2) The Cities of Placentia and Buena Park reserve: the right to amend, withdraw, and cancel this RFP ; the right to reject all responses to this RFP at any time prior to agreement execution; the right to request additional information about any and all Proposals that in Placentia’s or Buena Park’s opinion is necessary to assure that the Company’s competence, number of qualified employees, business organization, experience, and financial resources are adequate to perform the Services. All Proposals shall be revi ewed to verify that the Company has met the minimum requirements as stated in this RFP. Proposals that have not followed the rules, do not meet minimum content and quality standards, and/or do not provide references can be rejected by the Cities and/or review panel as non-responsive. 3) Contract Term: The initial term of the Agreement shall be for three (3) years from the date that the Agreement is fully executed. The applicable host City, in its sole discretion, shall havean option to extend the term of its applicable agreement for two (2) additional one-year extension terms, based upon the acceptable performance by the Contractor, acceptable fees, and subject to the same terms and conditions of the Agreement. The contractor may request to increase its fee prior to the start of the secon d year of the agreement term, and each year thereafter. Any fee increase shall be limited by the increase in the Consumer Price Index over the prior 12 months, i.e., for the Los Angeles-Long Beach-Anaheim Region for All Urban Consumers, not to exceed 3% per year.
4) Contract Documents: In submitting a Proposal, the Organization agrees to enter into an Agreement with the City (or Cities) without exceptions to either City’s Professional Services Agreement. The host Cities standard agreement s are non-negotiable, and a copy of the standard agreement s are attached hereto as Exhibit “B” (Placentia) and Exhibit “E (Buena Park) . Any change to the standard agreement s will deem the Proposal non - responsive. In the event that a conflict exists between documents the following order of precedence shall apply:
• Agreement
• City of Placentia and City of Buena Park Request for Proposals • Organization’s Response to the Request for Proposals
5) Execution of Agreement: After contract award, the following shall be signed and returned to each City within fourteen (14) business days from the date the City mails, or by other means delivers said documents to the Organization:
• One (1) original of the Agreement in the form included herein, properly executed by the Organization

RFP: TWO NORTH SPA NAVIGATION CENTERS
City of Placentia and City of Buena Park

32 • Certificates of Insurance and Additional Insured Endorsement evidencing coverage as specified in the sample agreement.
• Confirmation of current City of Placentia and City of Buena Park business license.

In any event that day fourteen (14) of calendar days falls on Saturday, Sunday, a legal holiday for the State of California, or on days when the City of Placentia is closed, the Contract Documents shall be delivered by the following working day. No Agreement shall be binding until all documents are fully executed by the Organization and the applicable host City.
6) Failure to Execute the Agreement: Failure to execute the Agreement and furnish the required insurance and business tax certificate, within the required time period shall be just cause for the rescission of the award. If the successful Organization refuses or fails to execute the Agreement, the applicable host City (or Cities) may award the Agreement to the next qualified Organization.
7) Termination: The City reserves the right to terminate the contract, without penalty, for cause immediately or without cause.

In the event Contractor fails or refuses to timely perform any of the provisions of the Agreement in the manner required, or if Contractor violates any provision of the Agreement, Contractor shall be deemed in default. City shall provide written notice of such default to Contractor Agency. Contractor shall cure said default within a period of two (2) working days.

If such cure is not completed in a timely manner, City may assess liquidated damages or terminate the Agreement forthwith by giving written notic e to Contractor Agency. City may, in addition to the other remedies provided in the Agreement or authorized by law, terminate this Agreement by giving written notice of termination. Contractor shall be responsible for all costs incurred by City, including replacement costs of equipment and labor required to provide service during Contractor default.

This agreement may be terminated without cause by City upon thirty (30) days written notice delivered to the Contractor either personally or by mail. Upon termination, City shall pay to Contractor that portion of compensation specified in the Agreement that is earned and unpaid prior to the effective date of termination.
8) Contractor Option for Termination: The Contractor may request termination of the contract when conditions during the contract make it impossible to perform or when prevented from proceeding with the contract by act of God, by law or official action of a public Homeless Division or in the e vent on nonpayment by the City. Such request will require one -hundred and eighty (180) days written notice prior to contract termination date requested. In the event of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30) working days to cure the alleged breach.

RFP: TWO NORTH SPA NAVIGATION CENTERS
City of Placentia and City of Buena Park

33 9) Compliance with Applicable Laws and Regulations: Contractor shall perform all requirements under the contract in strict observance of and in compliance with all applicable environmental, traffic, safety and any other laws, regulations, ordinances, codes and any other legislative or statutory requirements.
a. Contractor warrants that the performance of services under the contract shall be compliant with the current requirements of the Occupational Safety and Health Act (OSHA) and as it may be amended or updated throughout the term of the contract.

INSURANCE REQUIREMENTS
A. Minimum Scope and Limits of Insurance

City reserves the right to review any and all of the required insurance policies and/or endorsements, but has no obligation to do so. Failure to demand evidence of full compliance with the insurance requirements set forth in this Agreement or failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance, including any extension thereof, of this Agreement.

Contractor shall obtain, maintain, and keep in full force and effect during the life of this Agreement, including any extension thereof, all of the following minimum scope of insurance coverages:

1. Commercial General Liability Insurance

Broad-form commercial general liability, with coverage at least as broad as the most current version of ISO Commercial General Liability coverage form CG 00 01, in a form at least as broad as ISO form CG 00 01 04 13, and shall include insurance for premise s and operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury and personal and advertising injury with a policy limit of not less than Five Million Doll ars ($5,000,000.00) per occurrence and Ten Million Dollars ($10,000,000.00) general aggregate. The aggregate limit, encompassing the above coverage, shall apply separately to this project/location. If Contractor maintains higher limits than the specified minimum limits, City requires and shall be entitled to coverage for the higher limits maintained by the Contractor.

RFP: TWO NORTH SPA NAVIGATION CENTERS
City of Placentia and City of Buena Park

34 2. Business Automobile Liability Insurance

Business automobile liability for all owned, hired, leased, and non-owned vehicles at least as broad as the most current version of ISO Business Auto Coverage Form CA 00 01, with a policy limit of not less than Five Million Dollars ($5,000,000.00) combined single limit per accident. If Contractor maintains higher limits than the specified minimum limits, City requires and shall be entitled to coverage for the higher limits maintained by the Contractor.

3. Workers’ Compensation and Employer’s Liability Insurance

Workers’ compensation insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of Three Million Dollars ($3,000,000.00) per accident for any employee or employees of Contractor. Contractor agrees to waive an d to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the Cities of Placentia; Brea; Buena Park; Cypress; Fullerton; La Habra; La Palma; Los Alamitos; Orange; Sta nton; Yorba Linda; Villa Park; its officers; officials; agents; employees; and volunteers for losses arising from work performed by Contractor for the Cities and to require each of its subcontractors, if any, to do likewise under their workers’ compensatio n insurance policies.

By signing this Agreement, the Contractor acknowledges and agrees to the following:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of this Agreement, complete workers’ compensation insurance, and shall furnish a certificate of insuranc e to the Project Manager before execution of this Agreement by the City. The Cities of Placentia; Brea; Buena Park; Cypress; Fullerton; La Habra; La Palma; Los Alamitos; Orange; Stanton; Yorba Linda; Villa Park; its officers; officials; agents; employees; and volunteers shall not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this Section.

RFP: TWO NORTH SPA NAVIGATION CENTERS
City of Placentia and City of Buena Park

35 4. Professional Errors and Omissions (“E&O”) Liability Insurance

Professional errors and omissions (“E&O”) liability insurance on an occurrence based policy with policy limits of not less than Two Million Dollars ($2,000,000.00) per occurrence and Three Million Dollars ($3,000,000.00) policy aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. The retroactive date must be shown, and this date must be before the date of the contract or the beginning of contract work. Insurance must be maintained and evidence of insurance mu st be provided for at least three (3) years after completion of the contract of work. If coverage is canceled or non-renewed, and not replaced with another policy form with a retroactive date prior to the contract effective date, the Contractor must purchase “extended reporting coverage” for a minimum of three (3) years after completion of contract work. A copy of the claims reporting requirements must be submitted to the Project Manager for review.

If Contractor maintains higher limits than the specified minimum limits, City requires and shall be entitled to coverage for the higher limits maintained by the Contractor.

5. Sexual Abuse and Molestation Liability Insurance

Sexual abuse and molestation liability coverage with a policy limit of not less than Two Million Dollars ($2,000,000.00) per occurrence and Three Million Dollars ($3,000,000.00) general aggregate. If Contractor maintains higher limits than the specified minimum limits, City requires and shall be entitled to coverage for the higher li mits maintained by the Contractor.

6. Standards for Insurance Companies

All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commission to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders ’ rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide.

B. Documentation and Other Provisions

1. The commercial general liability insurance policy, business automobile liability policy, and sexual abuse and molestation liability policy shall be endorsed to contain the following:

The Cities of Placentia; Brea; Buena Park; Cypress; Fullerton; La Habra; La Palma; Los Alamitos; Orange; Stanton; Yorba Linda; Villa Park; its officers; officials; agents; employees; its officers; officials; agents; employees; and volunteers are addition al insureds with respect to: liability arising out of activities performed by or on behalf of the Contractor pursuant to its contract with the City; products and completed operations of the Contractor; premises owned, occupied, or used by the Contractor; and automobiles owned, leased, hired, or borrowed by the Contractor. Gener al liability coverage can be provided in the form of an endorsement to the Contractor’s insurance at least as broad as one of the following ISO ongoing operations forms: CG 20 10 or CG 20 26 or CG 20 33 (not allowed from subcontractors), or CG 20 38; and o ne of the following ISO

RFP: TWO NORTH SPA NAVIGATION CENTERS
City of Placentia and City of Buena Park

36 completed operations forms: CG 20 37, 2039 (not allowed from subcontractors), or CG 20 40.

2. Said policies shall not terminate, nor shall they be cancelled or coverage reduced, without at least thirty (30) days’ written notice to the City. In the event of any cancellation or reduction in coverage or limits of any insurance, Contractor shall forthwith obtain and submit proof of substitute insurance. Should Contractor fail to immediately procure other insurance, as specified, to substitute for any cancelled policy or reduction in the required coverage limits, the City may procure such insurance at Contractor’s sole cost and expense.

3. The Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the Cities of Placentia; Brea; Buena Park; Cypress; Fullerton; La Habra; La Palma; Los Alamitos; Orange; Stanton; Yorba Linda; Villa Park; its officers; officials; agents; employees; and volunteers. Any other insurance maintained by the Cities shall be excess and not contributing with the insurance provided by this policy.

4. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the Cities of Placentia; Brea; Buena Park; Cypress; Fullerton; La Habra; La Palma; Los Alamitos; Orange; Stanton; Yorba Linda; Villa Park; its officer s; officials; agents; employees; and volunteers.

5. Defense fees and costs shall not deplete the limits of any insurance provided under this Agreement.

6. The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

7. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure the Cities of Placentia; Brea; Buena Park; Cypress; Fullerton; La Habra; La Palma; Los Alamitos; Orange; Stanton; Yorba Linda; Villa Park; its officers; officials; agents; employees; and volunteer s are additional insureds on insurance required from subcontractors.

8. Contractor agrees to waive, and to obtain endorsements from insurers waiving, subrogation rights against the Cities of Placentia; Brea; Buena Park; Cypress; Fullerton; La Habra; La Palma; Los Alamitos; Orange; Stanton; Yorba Linda; Villa Park; its officers; officials; agents; employees; and volunteers for losses arising from work performed by Contractor for the Cities and to require each of its subcontractors, if any, to do likewise under their insurance policies.

9. Coverage shall be on a standard occurrence form. Claims -made forms are not acceptable.

Modified, limited, or restricted occurrence forms are not acceptable.

RFP: TWO NORTH SPA NAVIGATION CENTERS
City of Placentia and City of Buena Park

37 EXHIBIT A – COUNTY OF ORANGE

STANDARDS OF CARE FOR EMERGENCY

SHELTER PROVIDERS

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Buena Park City CouncilJune 25, 2024

Buena Park City Council
June 25, 2024