City of Carpinteria
City Council Regular Meeting Agenda
Tuesday, May 27, 2025
Council Chamber, 5775 Carpinteria Avenue, Carpinteria, CA 93013 5:30 p.m. Regular Meeting
In-Person and Virtual Participation Options
Attendance/Viewing Options:
• Attend the in-person meeting in City Council Chambers at City Hall (5775 Carpinteria Ave.).
• View the meeting live through the City’s website (https://carpinteriaca.gov/cityhall/agendas-meetings/). • View the meeting on Government Access Television Channel 21 (broadcast live and rebroadcast on the Wednesday and the Saturday following the meeting at 8:00 p.m. and 5:00 p.m., respectively).
• Call 669-900-9128 (and enter Webinar ID 889 0390 2262) to listen to the meeting. • Join the City’s Zoom webinar by CLICKING HERE. Alternatively, you can join the Zoom webinar by logging on to www.zoom.us, downloading the application, selecting “Join Meeting”, and entering Webinar ID 889 0390 2262. • Spanish interpretation will be available at the in-person meeting and through the City’s Zoom webinar.
Public Comments
• Provide a live public comment in City Council Chambers at City Hall (5775 Carpinteria Ave.).
• Provide a live comment through the City’s Zoom webinar platform (through the link provided above). To make public comments through this platform please use the “raise your hand” feature to notify staff that you would like to make a public comment during designated public comment times. Once it is your turn to provide a public comment, staff will unmute your microphone and you will be given a designated amount of time to provide your comment. At the end of your comment, staff will once again mute your microphone.
• Submit a written comment (as either a general public comment or on a specific agenda item) to be distributed to Council Members by 12:00 P.M. on the day of the meeting by either submitting your comment via (1) email to [email protected], or (2) the eComment link on the City's agenda website available at https://carpinteriaca.gov/city-hall/agendas-meetings/.
Please reference the agenda item to which your comment pertains. Although City Council Regular Meeting Agenda
May 27, 2025
written comments become part of the record, they will not be read aloud at the meeting.
Please note that the City will make every effort to make the meeting accessible virtually; however, if one of the above virtual attendance/viewing or public comment options is unavailable due to technological issues, you are invited to take advantage of one of the other participation options outlined above (including attending and providing public comment in-person in the City Council Chambers). Additional options may be made available at the meeting.
Levine Act Warning
Applicants and their agents before the City Council are subject to the campaign disclosure provisions detailed in Government Code Section 84308. No City Council Member may accept, solicit, or direct a contribution of more than $500 from any party for 12 months following the date a final decision is rendered by the City. No City Council Member may accept, solicit, or direct any contribution from an agent of the party during the same time frame. This prohibition commences when an item involving the entitlement has been placed on the City Council’s agenda for a public meeting, when the City Council Members knows the action is within the City Council’s jurisdiction and it is reasonably foreseeable that it will come before the City Council as a decisionmaker, or when the proceeding is before the City Council for its decision. A party to a City proceeding —which includes both applicants and agents—shall disclose on the record of the proceeding any contribution of more than $500 made to any Council Member by the applicant, or any donations made by the agent, during the preceding 12 months. No party to a City proceeding, or agent, shall make a contribution to a Council Member during the proceeding and for 12 months following the date a final decision is rendered by the City. Prior to rendering a decision on a City proceeding, any Council Member who received contribution of more than $500 within the preceding 12 months from any party, or who received any donations from an agent, to a proceeding shall disclose that fact on the record of the proceeding, and shall be disqualified from participating in the proceeding. However, if any Council Member receives a contribution that otherwise would require disqualification, and returns the contribution within 30 days of knowing about the contribution and the relevant proceeding, the Council Member shall be permitted to participate in the proceeding. If you believe that these provisions apply to you or a Council Member, please inform the City Clerk at the earliest possible opportunity. Failure to do so may affect the City’s ability to process your application.
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
City Council Regular Meeting Agenda
May 27, 2025
COUNCILMEMBER(S) REQUEST FOR REMOTE PARTICIPATION UNDER AB 2449:
The City Council may consider Councilmember(s) request to participate in the meeting remotely under the regulations of AB 2449 by making the necessary findings and voting on whether the Councilmember(s) may participate remotely.
AGENDA MODIFICATIONS: The City Council may modify the regular agenda by tabling items, adding urgency items to the agenda, or changing the order in which items are considered. Changes to the Consent Calendar are considered at the time the Consent Calendar is considered.
INTRODUCTIONS, PROCLAMATIONS AND PRESENTATIONS:
1. Mayoral Recognition to Diana Ornelas, Carpinteria Club Director of the United Boys & Girls Clubs of Santa Barbara County for receiving the 2025 Pacific Trainer of the Year Award by the Boys & Girls Clubs of America.
2. Retirement Recognition for Jody Thomas, City Librarian.
PUBLIC INFORMATION REPORTS AND ANNOUNCEMENTS
This may include updates on law enforcement activity within the City from a Sheriff’s Office representative or a report from a representative of the First District Supervisor’s Office.
CITY MANAGER’S REPORT
The City Manager will report to the City Council regarding various City and/or community events and/or matters of interest. There will be no City Council discussion except to ask questions or refer matters to staff; and no action will be taken unless listed on a subsequent agenda or as otherwise specified below.
a. City Employee Updates
b. Updates on Capital Improvement Projects
c. Updates on Development Applications
d. Other City/Community Updates
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
This is a time for public comments on matters not otherwise on the agenda but within the subject matter jurisdiction of the City Council. The Mayor may establish reasonable regulations for public comment based on the time available and/or the number of persons waiting to speak. Typically, the Council’s practice has been to limit each speaker to three minutes. The audio-visual system in the Council Chamber is not available for speaker use during the general Public Comment period.
City Council Regular Meeting Agenda
May 27, 2025
The City and the City Council are not responsible for the content of statements made during the public comment period, or the factual accuracy of any such statements.
CONSENT CALENDAR: Items on the consent calendar are considered to be routine and are normally enacted by one unanimous vote of the Council. If you wish to speak on a consent calendar item, please do so during the public comment period provided at the beginning of this item.
3. Approve the minutes of the regular meeting held May 12, 2025.
4. Receive and file the Expenditures for the period beginning May 5, 2025 and ending May 16, 2025.
5. Receive and file the Report of Contracts Executed by the City Manager for the Period of April 8, 2025 through May 6, 2025.
6. Receive and file the Monthly City Treasurer’s Report on Compliance with Statement of Safekeeping and Investment of Public Funds for April 2025.
7. Adopt Ordinance No. 793 (second reading), amending Chapter 2.37 of Title 2 (Administration and Personnel) of the Carpinteria Municipal Code to modify the provisions relating to the appointment and service of Youth Representatives on the Library Advisory Commission. (Requires a roll call vote.)
8. Adopt Resolution No. 6402, approving an amendment to the City's Investment Policy to change the investment reporting frequency from quarterly to monthly.
ADMINISTRATIVE MATTERS:
9. Approval of the First Amendment to the Agreement with Two Trumpets Communications, LLC, Extending the Contract Term Through June 30, 2029, and Increasing the Total Contract Amount to $427,500 for Public Outreach and Communications Support Services.
Recommendation: Approve the First Amendment to the Agreement for Consultant Services with Two Trumpets Communications, LLC, extending the term of the agreement through June 30, 2029, and increasing the not-to-exceed contract amount by $342,000, for a total amended amount of $427,500, for continued public outreach and communications support services. (Requires a roll call vote.) Staff Presenter: Juliza Briones, Program Manager
a. Staff Report
b. Public Comment
City Council Regular Meeting Agenda
May 27, 2025
c. City Council Determination
10. Amendment No. 2 to the Maintenance Agreement with Showscapes Inc. (dba Treescapes) for a One-Year Term Extension and Associated Costs to Provide Landscape Maintenance Services.
Recommendation: Authorize the City Manager to execute Amendment No. 2 to the Maintenance Agreement with Showscapes Inc. (dba Treescapes) for a one-year term extension to provide landscape maintenance services in an amount not-toexceed $267,600 for a total amended agreement amount of $1,229,010. (Requires a roll call vote.)
Staff Presenter: Stephon Downes, Management Analyst II
a. Staff Report
b. Public Comment
c. City Council Determination
PUBLIC HEARING:
11. Resolution No. 6398, concerning the continuation of Street Lighting District No. 1 for Fiscal Year 2025-26.
Recommendation: Adopt Resolution No. 6398, concerning the continuation of Street Lighting District No. 1 for Fiscal Year 2025-26.
Staff Presenter: Stephon Downes, Management Analyst II
a. Staff Report
b. Public Comment
c. City Council Determination
12. Resolution No. 6399, concerning the continuation of Lighting, Landscaping and Right-of-Way Improvement District No. 3 for Fiscal Year 2025-26.
Recommendation: Adopt Resolution No. 6399, concerning the continuation of Lighting, Landscaping and Right-of-Way Improvement District No. 3 for Fiscal Year 2025-26.
Staff Presenter: Stephon Downes, Management Analyst II
a. Staff Report
b. Public Comment
c. City Council Determination
City Council Regular Meeting Agenda
May 27, 2025
13. Resolution No. 6400, concerning the continuation of Parking and Business Improvement Area Assessment District No. 4 for Fiscal Year 2025-26.
Recommendation: Adopt Resolution No. 6400, concerning the continuation of the Parking and Business Improvement Area Assessment District No. 4 including establishing the annual general business assessment amount of $126.45 for Fiscal Year 2025-26.
Staff Presenter: Stephon Downes, Management Analyst II
a. Staff Report
b. Public Comment
c. City Council Determination
14. Resolution No. 6401, concerning the continuation of Assessment District No. 5 for Fiscal Year 2025-26.
Recommendation: Adopt Resolution No. 6401, concerning the continuation of Assessment District No. 5 for Fiscal Year 2025-26.
Staff Presenter: Stephon Downes, Management Analyst II
a. Staff Report
b. Public Comment
c. City Council Determination
CONSIDERATION OF ANY ITEMS REMOVED FROM CONSENT CALENDAR
AND/OR OTHER AGENDA ITEMS REQUESTED TO BE ADVANCED
MATTERS CONTINUED FROM PREVIOUS MEETINGS: NONE
OTHER BUSINESS:
15. Community Pool Facility Needs Assessment.
Recommendation: Receive and file the Community Pool Facility Needs Assessment and direct staff as appropriate.
Staff Presenter: Jeanette Gant, Parks, Recreation & Community Services Director a. Staff Report
b. Public Comment
c. City Council Determination
City Council Regular Meeting Agenda
May 27, 2025
LEGISLATIVE UPDATE: The City Council will discuss local, state and/or federal legislation under consideration and decide whether to direct staff to place a matter(s) on a future City Council agenda for consideration.
COMMITTEE REPORTS, INQUIRIES AND OTHER MATTERS PRESENTED BY
COUNCILMEMBERS
Informational reports from Councilmember representatives on the committees, commissions and organizations listed below. This is also an opportunity for Councilmembers to request information from staff or seek support from fellow Councilmembers for future agenda items.
1. Appointees to Other Government Agencies
a. Beach Erosion Authority for Clean Oceans and Nourishment (BEACON) (Mayer/Alt. Clark)
b. California Joint Powers Insurance Authority (CJPIA) (Solórzano/Alt. Clark) c. Santa Barbara County Association of Governments (SBCAG)(Clark/Alt.
Nomura)
d. Santa Barbara County Air Pollution Control District (APCD)(Clark/Alt.
Nomura)
e. Central Coast Community Energy (3CE) (Goleta/Alt. Nomura) f. Santa Barbara Mosquito and Vector Management District (Joe Franken) g. Santa Barbara Metropolitan Transit District (Solórzano)
2. Regional Committees
a. Channel Counties Division, League of California Cities (Nomura/Alt.
Solórzano)
b. Santa Barbara Joint Affordable Housing Task Group (Mayer/Alt. Alarcon) c. Santa Barbara County Elected Leaders Forum to Address Homelessness (Mayer/Alt. Alarcon)
d. South Coast Youth Safety Partnership (Solórzano/Alt. Mayer) e. Multijurisdictional Solid Waste Task Group (Mayer/Alt. Alarcon)
3. Joint and Standing Committees
a. City Council/Economic Vitality Committee (Alarcon & Mayer) b. City Council/Public Safety Committee (Clark & Nomura) c. City Council/School Board Committee (Mayer and Solórzano) d. City Council/Utilities Committee (Nomura & Clark)
e. City Council/First District Supervisor Committee (Alarcon & Mayer) f. City Council Finance/Budget Committee (Alarcon & Clark) g. Transportation Committee (Clark & Mayer)
City Council Regular Meeting Agenda
May 27, 2025
h. Development Review Committee (Joint Committee membership from City Council, Planning Commission and Architectural Review Board) (CC: Clark & Nomura) (PC: To Be Selected by Planning Commission) (ARB: Stein & O’Connor)
i. General Plan and Coastal Plan Update Committee (Joint Committee membership from City Council and Planning Commission) (Solórzano & Clark) (PC: Benefield and Salant)
j. Public Facility Site Acquisition/Development Committee (Clark & Nomura) k. Sustainability Committee (Nomura & Solórzano)
l. Public Engagement Committee (Solórzano & Nomura)
4. Ad Hoc Committees
a. E-Conveyance Committee (Mayer & Alarcon)
5. Appointed Representatives to Area Boards & Committees a. Community Media Access Center (Gary Dobbins)
b. County Library Advisory Committee (Glynn Birdwell)
ATTENDANCE OF COUNCILMEMBERS FOR FUTURE MEETINGS
ADJOURNMENT
The next regular City Council meeting will be held on Monday, June 9, 2025 at 5:30 p.m.
In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk's Office at (805) 755-4403 or the California Relay Service at (866) 735-2929. Notification two business days prior to the meeting will enable the City to make reasonable arrangements for accessibility to this meeting.
Materials related to an agenda item submitted to the City Council after distribution of the agenda packet are available for public review at the City Clerk's Office, located at 5775 Carpinteria Avenue, Carpinteria, CA 93013 or by going to the City’s website at https://carpinteriaca.gov/city-hall/agendas-meetings/.
This agenda was posted on Wednesday, May 21, 2025, in the City Clerk's Office, on the City Hall Public Notices Board, and on the Internet.
Jvlayor&t npcognition
J|w ar fe tr t o D iana Orne fas
The City of Caryinteria corrnrlenfs and congratufates Diana Ornefas, Caryinteria C[ub Director of the Anfteftsoys & girfs Cfubs of Santatsarbara County,for receiving the zoz5 ?acific (rainer of the lear Award 6y the Boys & Eirfs Cfubs of America. lour contri0utions have mafe a fasting imyact onthe CaryinteriaCfub andthe 6roa{er tsoys & Qirfs Jvlovement. Aou continue to make 6L meannngfuf ffiffiTerLce at the Caryinteria C[u6, fostering a safe anf erwiching sgace where hunfrert of focaf youth ilre emJcoweredto grow aytf,succeed.
Srfat afra Afarcon, Svlay or
Agenda Section: Presentations Agenda
Item No.: 1
Council Meeting Date: May 27, 2025
C ertficate of Recog nition
Presented to
]ody Thomas
In honor of your retirement and in recognition of your 25 years of dedicated public service, including the past three years as the City of Carpinteria's first City Librarian.
Your leadership marked a historic transition as the City assumed local management of its library services. As our inaugural City Librarian, you have been instrumental in launching innovative programs and expanding services that have enriched the lives of residents across generations. Your vision, dedication, and steadfast commitment to inclusivity and community engqgement have made the Iibrary a welcoming, vibrant, and essential space for all. You have truly embodied the spirit of public service and the values of our diverse community.
On behalf of the City Council, City staff, and the residents of Carpinteria, we extend our deepest gratitude and best wishes for a joyful and fulfilling retirement.
Presented this 27th day of May, 2025
at a meeting of the City Council of the City of Carpinteria With gratitude and respect,
Natalia Alarcon, Mayor Michael Ramirez, City Manqger
Agenda Section: Presentations
Agenda Item No.: 2
Council Meeting Date: May 27, 2025
Roy Lee
County Supervisor, First District
105 E. Anapamu Street, 4th Floor Santa Barbara, CA 93101 (805) 568-2186 [email protected]
www.countyofsb.org
Follow us @CountyofSB
Date: May 21, 2025
To: Michael Ramirez, City Manager + Honorable Carpinteria City Council From: Supervisor Roy Lee
Subject: 5/27 Agenda for Report from First District Supervisor Roy Lee CC: Brian Barrett, City Clerk
-------------------------------------------------------------------------------------------------------------------------------- Updates from District 1 Supervisor Roy Lee at Carpinteria City Council Meeting:
1. Update on County Onshore Oil + Gas Phaseout
2. Update on Pro-Housing Designation
3. May 21st Carpinteria Town Hall Follow-Up
4. Upcoming June 3rd Board Meeting regarding Cannabis:
a. Cannabis Business License Fee Ordinance Amendment
b. Ch. 50 Cannabis Licensing Ordinance Amendment
c. Cannabis Tax Revenue and Uses Budget Direction
Agenda Section: Public Information
Agenda Item No.: N/A
Council Meeting Date: May 27, 2025
MEMORANDUM
Council Meeting Date: May 27, 2025
To: Honorable Mayor and City Council
From: Michael Ramirez, City Manager
Subject: City Manager’s Report
CITY EMPLOYEE UPDATES
Recruitments
Below is a partial list of open recruitments and their current status. Additional information on City job openings is available online at https://carpinteriaca.gov/city-hall/humanresources/. • Environmental Program Manager – Full-Time
o Deadline to Apply: June 1, 2025
• Public Works Manager – Full-Time
o Pending Interviews
• Recreation Leader – Part-Time (Two Positions)
o Pending Interviews
▪ Beach Boat House (Equipment Rentals)
▪ Library (Summer Reading Program)
Staff Training/Development
• Staff Development: From May 5 through 7, Program Manager Juliza Briones attended the California Emergency Services Association (CESA) Conference in San Francisco. The event brought together emergency management professionals from across the state to share knowledge, experiences, and best practices. Juliza's attendance provided a valuable opportunity to learn about the latest strategies and innovations in emergency preparedness, response, and recovery—knowledge that will help strengthen the City's emergency management efforts. • Aquatics Training: Several new and returning aquatics staff participated in the following training sessions:
Agenda Section: City Manager Report
Agenda Item No.: N/A
Council Meeting Date: May 27, 2025
o April 14 and 15: New Beach Lifeguards attended staff training that included an overview of policies and procedures, first aid, and practice skill exercises.
o April 18, 19, and 27: New Pool Lifeguards completed American Red Cross Lifeguard Training and received their certifications.
o May 17 and 18: Beach Lifeguards participated in training conducted by the Carpinteria-Summerland Fire Department and received two certifications:
United States Lifesaving Association (USLA) Beach Lifeguarding and American Heart Association (AHA) CPR-First Aid.
City Staff Participation in Community Events
Assistant City Manager Ryan Kintz attended a regional workforce development event hosted by the Santa Barbara South Coast Chamber of Commerce at Carpinteria High School. The event showcased the Chamber’s pilot program, “Precision Manufacturing Career Pathways for All,” developed in partnership with Carpinteria Unified School District. Held in teacher Kurt Miller’s “Warrior Workshop,” the event brought together local employers, students, educators, and regional partners to highlight career pathways in manufacturing and STEM fields. The City’s participation reflects ongoing efforts to support youth engagement, industry-education collaboration, and workforce development in Carpinteria.
City Manager Michael Ramirez attended a town hall hosted by Santa Barbara County First District Supervisor Roy Lee at the Carpinteria Veterans Memorial Building. The event focused on local safety and community concerns and featured presentations from representatives of the Santa Barbara County Public Health Department, Public Works, the Sheriff’s Office, the Fire Safety Council, and other regional agencies. The event included a Q&A session with residents and helped facilitate interagency coordination on public safety topics relevant to the Carpinteria community.
City Manager Ramirez and Community Development Department Director Nick Bob Bobroff attended the soft opening for Linden Square, a new collection of restaurants, retail stores, and more in Carpinteria’s downtown. The developers for the project praised the City for their assistance throughout the multi-year process and City Manager Ramirez was asked to MC the event, affirming the City’s support for local businesses.
UPDATES ON DEVELOPMENT APPLICATIONS
Save the Dates - NOP and Scoping Meeting for the Surfliner Inn Project Last month, the City executed an agreement with Environmental Science Associates (ESA) to prepare the Environmental Impact Report (EIR) for the Surfliner Inn Project. The first steps in the EIR process are to publish a Notice of Preparation (NOP) and hold a Public Scoping Meeting (see flowchart below). City Staff and ESA have tentatively scheduled those first steps to occur in the coming weeks:
• NOP 30-day Comment Period: May 29 through June 27, 2025 • Public Scoping Meeting: Monday, June 16, 2025 at 5:30 p.m. in the Council Chambers
The NOP serves as a formal request for public input on the scope and content of the EIR.
During the 30-day NOP comment period, responsible agencies and members of the public will be encouraged to submit comments related to the project’s potential environmental issues, mitigation measures, and alternatives. The Public Scoping Meeting is proposed to be held within that 30-day comment period to further enhance transparency and public participation. While no project decisions are made at the Scoping Meeting, attendees will have the opportunity to ask clarifying questions about the project and/or the process, and to raise issues regarding the potential environmental impacts in a public setting. This proactive involvement will help ensure that the EIR comprehensively addresses all relevant environmental concerns, leading to more informed decisionmaking and better project outcomes. All of this information will be prominently posted on the City’s project webpage at https://carpinteriaca.gov/city-hall/communitydevelopment/linden-inn-project/ and anyone who would like to be added to the interested parties list should email Mindy Fogg at [email protected].
OTHER CITY/COMMUNITY UPDATES
Tentative Date for CLUP/GP Update Release
The Community Development Department (CDD) has been working with the WSP consulting team on the City’s Coastal Land Use Plan / General Plan (CLUP/GP) Update.
This update represents a significant milestone in shaping the future of our community, outlining key goals, policies, and strategies that will guide the City’s growth and development over the coming decades. The full Draft CLUP/GP document is tentatively scheduled to be released for public review on June 10, 2025 for a 60-day public comment period. CDD staff will be scheduling a public workshop to occur during the 60-day review period to provide an overview of the CLUP/GP and to receive public feedback. Date, time and location are TBD and will be publicly shared once finalized. Anyone can sign up for notices here: https://mailchi.mp/997a036a45a2/thecurrent_cityofcarpinteria or email [email protected].
HOST Program Kicks Off 2025 Season with Strong Volunteer Engagement and Fresh Updates
The HOST program officially kicked off its 2025 season with a successful first meeting on Wednesday, May 14. We’re excited to share that over 50 community volunteers have signed up to participate this summer—demonstrating strong local enthusiasm and support for this initiative. Our first in-person meeting welcomed 26 attendees, who shared ideas, received training, and are eager to get started. We’re thrilled to launch another season of HOST and deeply appreciate the dedication of our volunteers who help make our city welcoming and vibrant for all.
In preparation for the season, the HOST kiosk received a deep cleaning and a full seasonal refresh. Program Manager Juliza Briones conducted a complete inventory of all distributed materials and, in collaboration with Lea from Two Trumpets, led a major redesign of the kiosk handouts. For the first time since the kiosk was constructed in 2009, materials were thoughtfully updated—and now available in both English and Spanish— to better serve our diverse community. The refreshed resources include “Free and Fun Things to Do in Carpinteria,” local parks and recreation information, and details on beach rentals at the Boathouse.
HOST volunteers serve as community ambassadors, supporting the Visitor Kiosk and helping both residents and visitors discover local businesses, events, and hidden gems throughout the city. The kiosk will be open Fridays through Sundays from Memorial Day Weekend through Labor Day Weekend.
CERT Training Underway with Strong Community Participation The Spring 2025 Cohort Community Emergency Response Team (CERT) training program officially began on Tuesday, May 13. This year’s course will run for eight consecutive weeks, providing participants with hands-on training in disaster preparedness, basic response skills, and team organization. We’re pleased to report that 15 residents are taking part in this cohort’s program. Their commitment to building personal and community resilience is a great asset to our emergency preparedness efforts. We look forward to seeing their growth throughout the training and their continued involvement in supporting public safety in our city.
City of Carpinteria Fix-it Fair
The City of Carpinteria is hosting a Fix-it Fair on Saturday, May 31, 2025, from noon to 4 p.m. at the Veterans Memorial Building, 941 Walnut Ave. This event offers community members the opportunity to get their broken items repaired, at no cost, while promoting a culture of reuse and sustainability.
Attendees will learn how to fix their old or broken items with help from local experts in the following categories:
• Clothing
• Skateboards
• Bicycles
• Books
• Small household appliances
• Locks
• Guitars and tube amps
• Kitchen knife sharpening
• And IT Support
There is a limit of two (2) items per person.
To see the full list of confirmed fixers or if you are a creator, repairer or anyone with skills and an interest in volunteering time, visit the Fix-it Fair webpage at carpinteriaca.gov/fixitfair.
CycleMAYnia, Carp Family Ride
On May 10th, as part of Santa Barbara County Association of Governments’ (SBCAG) month-long CycleMAYnia celebration for National Bike Month, City staff partnered with MOVE Santa Barbara County to host a family bike ride around Carpinteria. Sixteen participants joined the five-mile ‘Carp Family Ride’ loop, discovering new bike routes, and learning how to safely navigate city infrastructure on a bike. Along the way, riders fed fresh veggies to friendly chickens, ducks, and a goat named Twilight, observed nesting birds near Carpinteria Creek estuary, learned about the cultural significance of Tomol Interpretive Play Area, and toured the Carpinteria Community Garden. The ride concluded with pizza and popsicles at El Carro Park.
Library Advisory Commission Youth Position
In response to a request for clarification regarding the goals and objectives of the Library Advisory Commission (LAC) Youth Position, staff has reviewed past Council and commission discussions related to the program's development.
On February 12, 2024, the Library Advisory Commission (LAC) formally recommended the addition of a Youth Position to the Commission to the Library Board of Trustees (LBOT). The recommendation emphasized the value of including a youth representative to bring a unique and relevant perspective to the Commission’s discussions and decisions, particularly on matters that impact younger community members.
This initiative aligned with City Council’s goal to increase opportunities for youth to participate in City operations and local government, and to foster awareness and interest in public service among the next generation.
During the May 13, 2024 City Council meeting, the following objectives were identified for the Youth Position:
• Introduce young people to City government and public process through hands-on experience in an advisory role.
• Provide the LAC with direct input from youth stakeholders, enhancing the Commission’s ability to consider diverse perspectives in its recommendations. • Support Council’s broader youth engagement priorities by creating meaningful, structured opportunities for civic participation.
The position is intended to be established as an ad hoc, non-voting role, allowing for flexibility while promoting youth involvement and leadership development.
Staff will continue to monitor the implementation and effectiveness of the Youth Position and report back with any recommended adjustments as the program evolves.
Aquatics Staff Trainings
On Saturday, May 17, and Sunday, May 18, all Beach Lifeguard staff participated in the annual pre-summer training for Beach Lifeguards and Junior Lifeguard Instructors. The training included rescue buoy and rescue board drills, first aid and CPR review, as well as extensive swimming and running exercises to prepare for the summer season.
On Sunday, the City team was joined by certified water rescue personnel, including Firefighters and Lifeguards from the State Parks, for a joint training session focused on coordinated response and rescue techniques.
AgeWell Saturday Excursions
On May 2nd, the AgeWell Abuelos Program visited Carpinteria-Summerland Fire Protection District Station 61. Participants enjoyed an extensive and informative tour conducted entirely in Spanish. The visit offered valuable insight into the daily operations of the station and the vital work of our local firefighters. See the below photos for highlights from the day!
The next AgeWell Saturday Excursion will be to the Chrisman California Islands Center, located at 4994 Carpinteria Avenue, Carpinteria, CA, on Saturday, June 7th. Members will meet at 11:00 AM for a guided tour of the Islands Center, offering a unique opportunity to explore the natural and cultural history of the Channel Islands.
City of Carpinteria
City Council Minutes
Regular Meeting
Monday, May 12, 2025
Council Chamber, 5775 Carpinteria Avenue, Carpinteria, CA 93013 In-Person and Virtual
CALL TO ORDER
Mayor Alarcon called the meeting to order at 5:30 pm.
ROLL CALL
Councilmembers present: Councilmember Al Clark (District No. 5) Councilmember Julia Mayer (District No. 3)
Councilmember Wade T. Nomura(District No. 4)
Vice Mayor Mónica J. Solórzano (District No. 1)
Mayor Natalia Alarcon (District No. 2)
Staff members present: Michael Ramirez, City Manager
Jena Shoaf Acos, on behalf of Brownstein Hyatt Farber
Schreck, LLP acting as City Attorney of the City
of Carpinteria
Ryan Kintz, Assistant City Manager
Brian C. Barrett, City Clerk
Ryan Benson, Management Analyst I
John L. Ilasin, Public Works Director
Nick Bobroff, Community Development Director
Bret McNulty, Principal Planner
Lieutenant Rich Brittingham, Santa Barbara County
Sheriff’s Department
Jeanette Gant, Parks, Recreation & Community
Services Director
Licette Maldonado, Administrative Services Director
The Council agreed to hear the Closed Session matter at the end of the agenda.
PLEDGE OF ALLEGIANCE
Mayor Alarcon led those present in the salute to the flag.
COUNCILMEMBER(S) REQUEST FOR REMOTE PARTICIPATION UNDER AB 2449 There were no Councilmember requests for remote participation under AB 2449.
Agenda Section: Consent Calendar
Agenda Item No.: 3
Council Meeting Date: May 27, 2025
City Council Regular Meeting Minutes
May 12, 2025
AGENDA MODIFICATIONS: NONE
INTRODUCTIONS, PROCLAMATIONS AND PRESENTATIONS:
2. A Proclamation Designating May 2025 as “Asian American & Pacific Islander Heritage Month” in the City of Carpinteria. (Requires taking public comment and approval prior to the City Council reading and presenting the proclamation.) There was no public comment.
Motion by Vice Mayor Solórzano, seconded by Councilmember Nomura, to approve the Proclamation Designating May 2025 as “Asian American & Pacific Islander Heritage Month” in the City of Carpinteria. Upon voice vote, the motion carried unanimously.
Vin Bennett with Santa Barbara Asian American & Pacific Islander Solidarity Network provided remarks and Mayor Alarcon and the Council presented members of the Santa Barbara Asian American & Pacific Islander Solidarity Network with the proclamation.
Councilmember Nomura provided remarks.
3. A Proclamation Designating May 18 through 24, 2025, as National Public Works Week in the City of Carpinteria. (Requires taking public comment and approval prior to the City Council reading and presenting the proclamation.) There was no public comment.
Motion by Vice Mayor Solórzano, seconded by Councilmember Clark, to approve the Proclamation Designating May 18 through 24, 2025, as National Public Works Week in the City of Carpinteria. Upon voice vote, the motion carried unanimously.
Public Works Director Ilasin provided remarks and Mayor Alarcon and the Council presented the proclamation to Public Works staff.
4. Fiscal Year 2024-25 Community Services Support Grants Recipients Reports by Girls Inc. of Carpinteria, Boys and Girls Club of Carpinteria Valley, and Carpinteria Children’s Project.
Councilmember Nomura recused himself from this item since he is the President of the Carpinteria Boys & Girls Club Foundation and left the Council Chambers at 5:45 pm.
Management Analyst I Benson introduced Jaime Collins, Executive Director of Girls Inc. of Carpinteria; Taylor Swan, Chief Development Officer of United Boys and Girls Clubs of Santa Barbara County, and Teresa Alavarez, Executive Director of Carpinteria Children’s Project and Guadalupe Perez, Director of Early Learning with Carpinteria Children’s Project and all provided presentations of their respective services.
City Council Regular Meeting Minutes
May 12, 2025
Speakers in-person: Rogelio Delgado
Councilmember Nomura returned to the dais at 6:11 pm.
5. Introduction of New Employee: Bret McNulty, Principal Planner.
Community Development Director Bobroff introduced new employee Bret McNulty, Principal Planner.
There was no public comment.
TEMPORARY ADJOURNMENT FOR THE PURPOSE OF HOLDING THE MONTHLY
MEETING OF THE CARPINTERIA LIBRARY BOARD OF TRUSTEES
Mayor Alarcon temporarily adjourned the meeting at 6:13 pm.
RECONVENE THE REGULAR MEETING OF THE CITY COUNCIL
Mayor Alarcon reconvened the meeting at 6:33 pm.
PUBLIC INFORMATION REPORTS AND ANNOUNCEMENTS
Lieutenant Brittingham with the Santa Barbara County Sheriff’s Department provided a law enforcement report for the month of April.
There was no verbal public comment.
Emails distributed: Stephen Marcussen
CITY MANAGER’S REPORT
a. City Employee Updates
Assistant City Manager Kintz provided updates on City recruitments. b. Updates on Capital Improvement Projects
None.
c. Updates on Development Applications
Community Development Director Bobroff reported on the Notice of Preparation and Scoping Meeting for the Surfliner Inn Project and the official state income limits for 2025 released by the California Department of Housing and Community Development.
City Council Regular Meeting Minutes
May 12, 2025
d. Other City/Community Updates
City Manager Ramirez reported on the Fix-It-Fair and AgeWell activities.
PLANNING COMMISSION ACTIONS
Community Development Director Bobroff reported on the Planning Commission Actions from its meeting of May 5, 2025.
Speakers in-person: Mark Korte-Nahabedian representing Chevron
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
There was no verbal public comment.
Emails distributed: Jon Spendlove, Ryan Gilmore, and Anonymous CONSENT CALENDAR:
There was no public comment.
Motion by Councilmember Mayer, seconded by Councilmember Nomura, to approve the Consent Calendar Item Nos. 6 through 8. The roll call vote on the motion was as follows:
AYES: Councilmember Clark, Councilmember Mayer, Councilmember Nomura, Vice Mayor Solórzano, and Mayor Alarcon
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
6. Approve the minutes of the regular meeting held April 28, 2025.
7. Receive and file the Expenditures for the period beginning April 21, 2025 and ending May 2, 2025.
8. Adopt Ordinance No. 792, (second reading) updating Carpinteria Municipal Code Chapter 2.04 to Remove Reference to Robert’s Rules of Order for the Conduct of City Council Meetings. (Requires a roll call vote.)
ADMINISTRATIVE MATTERS:
9. Ordinance No. 793, an Ordinance of the City Council of the City of Carpinteria, California, amending Chapter 2.37 of Title 2 (Administration and Personnel) of the City Council Regular Meeting Minutes
May 12, 2025
Carpinteria Municipal Code To Modify The Provisions Relating To The Appointment And Service Of Youth Representatives On The Library Advisory Commission.
Recommendation: Approve Ordinance No. 793, as read by title only (first reading). (Requires reading of ordinance title and a roll call vote.) Parks, Recreation & Community Services Director Gant presented the staff report.
There was no public comment.
Motion by Vice Mayor Solórzano, seconded by Councilmember Nomura, to approve Ordinance No. 793 on first reading, by title only, and to continue the second reading and adoption to the City Council meeting of May 27, 2025 and incorporate additional ordinance language to allow Youth Representatives more flexibility to miss Library Advisory Commission meetings as needed due to their academic/sports schedules.
City Clerk Barrett read aloud the title of Ordinance No. 793 into the record.
The roll call vote on the motion was as follows:
AYES: Councilmember Clark, Councilmember Mayer, Councilmember Nomura, Vice Mayor Solórzano, and Mayor Alarcon
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
Councilmember Nomura requested seeing the goals/objectives and the outcomes for youth participation on the Library Advisory Commission.
PUBLIC HEARING: NONE
CONSIDERATION OF ANY ITEMS REMOVED FROM CONSENT CALENDAR AND/OR OTHER AGENDA ITEMS REQUESTED TO BE ADVANCED: NONE
MATTERS CONTINUED FROM PREVIOUS MEETINGS: NONE
OTHER BUSINESS:
10. City of Carpinteria Equity Plan Update.
Recommendation: Receive and file report from Equity Praxis on the progress and status of the City of Carpinteria’s Equity Plan.
City Council Regular Meeting Minutes
May 12, 2025
City Manager Ramirez introduced Jarrod Schwartz, Founder & Principal and René Castro, Senior Consultant both with Equity Praxis Group who provided the PowerPoint presentation.
Messrs. Schwartz and Castro were present via Zoom.
There was no public comment.
Motion by Vice Mayor Solórzano, seconded by Councilmember Nomura, to receive and file the report from Equity Praxis on the progress and status of the City of Carpinteria’s Equity Plan. Upon voice vote, the motion carried unanimously.
11. Development of Policy for Councilmember Attendance at Events.
Recommendation: Receive presentation from staff and provide direction regarding development of policy for Councilmember attendance at events where Brown Act limitations may apply.
Legal Counsel Acos presented the staff report.
Speakers in-person: Rogelio Delgado
Speakers via Zoom: Alexandra VanAntwerp
There was consensus of the Council to direct staff to proceed with the development of a policy for Councilmember attendance at events where Brown Act limitations may apply and the Council provided the following feedback:
• Include a tip section in the policy should Councilmembers find themselves with a quorum of the Council at an event.
• For public perception, language that Councilmembers could use to explain why they are not able to attend an event that they are being requested to attend. • Of the options presented by staff, do not include “First Come, First Serve”; however, include “Mayor/Vice Mayor Priority” as well as “Attendance Based on Subject Matter”, depending on the event; “Rolling List” is a good idea, but it is a lot more work for staff. • There are events that may not fall into the presented categories so create a policy that is flexible.
• Create a prioritized list or flow chart for staff and Council to follow. • “Mayor/Vice Mayor” is important, but realize that the Vice Mayor usually becomes the Mayor; it should be the “Mayor/Councilmember” because the Vice Mayor will have their chance to attend events when they are Mayor.
• For events with long lead times, the Council could discuss which Councilmembers will attend the event at a Council meeting.
• Be as inclusive as possible to allow the Council to attend events.
Motion by Councilmember Mayer, seconded by Councilmember Nomura, to receive the staff presentation regarding development of a policy for Councilmember attendance at events City Council Regular Meeting Minutes
May 12, 2025
where Brown Act limitations may apply based on the direction and comments provided by Councilmembers. Upon voice vote, the motion carried unanimously.
Mayor Alarcon recessed to a break at 8:07 pm and reconvened the meeting at 8:17 pm.
12. Third Quarter Department Reports for the Fiscal Year 2024/25 Budget.
Recommendation: Receive and File Third Quarter Department Reports for Fiscal Year 2024/25 Budget.
City Manager Ramirez introduced the item and went over the General Government Department PowerPoint slides along with Assistant City Manager Kintz, Administrative Services Director Maldonado covered the Administrative Services Department slides, Community Development Director Bobroff covered the Community Development Department slides, Public Works Director Ilasin covered the Public Works Department slides, and Parks, Recreation & Community Services Director Gant covered the Parks, Recreation & Community Services Department slides.
Speakers in-person: Rogelio Delgado
Motion by Vice Mayor Solórzano, seconded by Councilmember Nomura, to receive and file the Third Quarter Department Reports for the Fiscal Year 2024/25 Budget. Upon voice vote, the motion carried unanimously.
LEGISLATIVE UPDATE
Legal Counsel Acos reported on the federal bill introduced by Congressman Carbajal to permanently prohibit oil and gas leasing off of the coast of California. She provided a status of the bill which was introduced in the House and referred to the House Committee on Natural Resources on April 10th and it is still being reviewed in this Committee. She noted that this bill is partnering with a pair of bills introduced in the Senate that aim to permanently block oil and gas drilling in the Atlantic and the Pacific Oceans. She said that the City Attorney’s Office would continue to track the progress of this bill.
There was no public comment.
COMMITTEE REPORTS, INQUIRIES AND OTHER MATTERS PRESENTED BY
COUNCILMEMBERS
Vice Mayor Solórzano reported that the Santa Barbara Metropolitan Transit District Board met on May 6th and talked about the service plan for FY 25/26, received a financial update and third quarter review of FY 24/25 and presented updates to their staff employee handbook, among other items.
Mayor Alarcon reported on that the E-Conveyance Committee will have its first meeting in June and the First District Supervisor Committee will meet on May 16th at 8 am.
City Council Regular Meeting Minutes
May 12, 2025
ATTENDANCE OF COUNCILMEMBERS FOR FUTURE MEETINGS
All Councilmembers are expected to be in attendance at the May 27, 2025 Council meeting.
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (3) of subdivision (d) of Section 54956.9: One case
Legal Counsel Acos read aloud the title of the Closed Session into the record.
PUBLIC COMMENT ON CLOSED SESSION MATTER
There was no public comment.
TEMPORARY ADJOURNMENT TO CLOSED SESSION
Mayor Alarcon temporarily adjourned the meeting to Closed Session at 9:31 pm.
RECONVENE IN OPEN SESSION
Mayor Alarcon reconvened the meeting in Open Session at 10:43 pm with all Councilmembers, City Manager Ramirez, Legal Counsel Acos, and City Clerk Barrett present.
CLOSED SESSION REPORT
Legal Counsel Acos announced that there was no reportable action from the Closed Session.
ADJOURNMENT
Mayor Alarcon adjourned the meeting at 10:44 pm.
__________________________
Natalia Alarcon, Mayor
ATTEST:
____________________________
Brian C. Barrett, CMC, CPMC
City Clerk
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
ITEM FOR COUNCIL CONSIDERATION
Expenditures for the period beginning May 05, 2025 and ending May 16, 2025.
STAFF RECOMMENDATION
Receive and file Warrant Register for the period of May 5, 2025, through May 16, 2025, pursuant to Carpinteria Municipal Code 2.08.150(F).
DISCUSSION
As part of each regular City Council agenda, a list of all checks (Attachment A) disbursed since the last reporting period is presented to the City Council pursuant to C.M.C.
2.08.150(F). The report is provided for City Council and public information and serves as verification that the expenditures have been reviewed and are within budgeted appropriations.
FINANCIAL CONSIDERATIONS
The warrant register is designed to communicate fiscal activity since the prior reporting period and ensure expenditures are within the approved budget.
ATTACHMENTS
Attachment A: Warrant Register for the period beginning May 05, 2025, and ending May 16, 2025.
Agenda Section: Consent Calendar
Agenda Item No.: 4
Council Meeting Date: May 27, 2025
Warrant Register
May 27, 2025
Page #2
Staff contact: Brenda Robinson, Accounting Specialist
(805) 755-4442, [email protected]
Signature
Staff contact: Licette Maldonado, Admin Services Dir.
(805) 755-4448, [email protected]
Signature
Reviewed by: Ryan Kintz, Assistant City Manager
(805) 755-4400, [email protected] Signature
Reviewed by: Michael Ramirez, City Manager
(805) 755-4450, [email protected] Signature
ATTACHMENT A
Vendor Number Vendor Name Payment Date Payment Amount Number Payable # Payable Type Payable Description
Bank Code: AP Bank-AP Bank
Payment Type: Regular
ADVANTAGE TELECOM 05/08/2025 50.90 105721
168632 Invoice MAY25 EMERGENCY PHONE LINE SERVICES
AMAZON CAPITAL SERVICES INC 05/08/2025 4,795.42 105722
13LP-JKMW-TJLJ Invoice BOOKS FOR LIBRARY
13RJ-V1Q3-6X97 Invoice ZIP BOOKS: M. RAMIREZ
14FY-C7DV-1F9J Invoice CARPINTERIA READS BOOKS
14RX-DNVY-CLKK Invoice CRAFT SUPPLIES FOR LIBRARY
16TK-1G11-CHXM Invoice BOOKS FOR LIBRARY
179T-TD4M-KTHD Invoice TONER CARTRIDGES FOR COMMUNITY POOL 19CG-39NQ-MR7F Invoice DUM DUM SUCKERS FOR SWIM TEAM
19P3-MCXX-T9HJ Invoice ZIP BOOKS: N. RODRIGUEZ
19R3-XGNJ-F4MC Invoice SPANISH WORK BOOK FOR LITERACY PROGRAM 1CC3-GW19-HXR4 Invoice BOOKS FOR LIBRARY
1CKT-K4JL-N3MT Invoice BOOKS FOR LIBRARY
1CVY-DMNY-GM47 Invoice ZIP BOOKS: D. DEMOULPIED
1DRV-VFW6-3CY4 Invoice TRASH BAGS, PENS, PADLOCK FOR LIFEGUARD TOWERS 1F39-C1LM-F44C Invoice BOOKS FOR LIBRARY
1G1P-7H4X-X3VK Invoice DRY ERASE BOARD FOR PUBLIC WORKS SHOP 1G9V-4WGT-6GGH Invoice BUNGEE CORDS FOR COMMUNITY POOL
1H16-CH16-39WF Invoice CASE PAPER TOWELS FOR LIFEGUARD TOWERS 1H9Y-TWYY-MFL6 Invoice BOOKS FOR LIBRARY
1J3V-7LTM-DRGJ Invoice BOOKS FOR LIBRARY
1J4M-KCRJ-C6DD Invoice BOOKS FOR LIBRARY
1J7W-FDLQ-1PMP Invoice CRAFTS & SUPPLIES FOR LIBRARY
1J96-1FQ1-1D6P Invoice FOOT REST FOR FINANCE MANAGER
1JWJ-GH13-VWHP Invoice BOOKS FOR LIBRARY
1LGN-9HDK-RCXK Invoice TONER CARTRIDGE FOR FINANCE MANAGER 1LQW-MC71-N4QK Invoice ZIP BOOKS: E. PRUETT
1PGD-T17N-F6NN Invoice BOOKS FOR LIBRARY
1QMV-XCPC-9D3Q Invoice BOOKS FOR LIBRARY
1RDL-7FWD-RTGD Invoice ZIP BOOKS: M. SOLORZANO
1RDL-7FWD-TC77 Invoice ZIP BOOKS: D. DEVRIES
1V1V-N3TD-PFYH Invoice ZIP BOOKS: E. HANDALL
1V9T-MG3V-TDC3 Invoice CRAFT SUPPLIES FOR LIBRARY
1VDK-MWN6-796T Invoice BOOKS FOR LIBRARY
1VHX-1VDV-DPG7 Invoice ZIP BOOKS: T. BRYAN
1WN3-1QFT-LTGY Invoice CRAFT SUPPLIES FOR LIBRARY
1WYJ-FNPX-R63G Invoice CARPINTERIA READS STICKERS, DISPOSABLE EARBUDS 1X96-R3MH-GYGW Invoice RUBBER BANDS FOR SWIM TEAM
1XG1-QLMK-FHVV Invoice CARPINTERIA READS BOOKS
1XVQ-VQQN-YLGX Invoice BOOKS FOR LIBRARY
1XYM-NXT4-QFT9 Invoice ZIP BOOKS: E. PRUETT
1Y4Q-FPDV-LWGP Invoice ZIP BOOKS: B. O'SHEA
1Y63-TQMN-V7R7 Invoice BOOKS FOR LIBRARY
1YTC-HCLF-T91T Invoice ZIP BOOKS: M. LTZE
**Void** 05/08/2025 105723 - **Void** 05/08/2025 105724 - BASIC 05/08/2025 105725 172.72 IN3418325 Invoice APR25 MONTHLY FSA ADMIN FEE
BLACK GOLD COOPERATIVE LIBRARY SYSTEM 05/08/2025 105726 613.32 25-517 Invoice FY24/25 Q3 REIMBURSABLE HOOPLA & HOTSPOTS CANNON 05/08/2025 105727 28,860.00
Warrant Register
Carpinteria, CA
Date Range: 05/05/2025 - 05/16/2025
91792 Invoice MAR25 VIA REAL STORMWATER PROJECT
COASTAL VIEW NEWS 05/08/2025 2,009.00 105728
62260 Invoice HOUSEHOLD/HAZARDOUS WASTE AD 4/10/25
62298 Invoice CARP READS AD 4/24/25
62319 Invoice NOTICE OF PUBLIC HEARING AD 5/1/25
COUNSILMAN/HUNSAKER AND ASSOCIATES INC 05/08/2025 5,000.00 105729 26827 Invoice POOL AUDIT SERVICES 3/16/25-4/15/25
EDITH GONZALEZ 05/08/2025 100.00 105730
INV0007458 Invoice PARK DEPOSIT REFUND
FIRST NATIONAL BANK OF OMAHA 05/08/2025 8,076.50 105731 APR25 3049 Invoice CREDIT CARD PAYMENT-JS
APR25 3696 Invoice CREDIT CARD PAYMENT-LM
APR25 4545 Invoice CREDIT CARD PAYMENT-BB
APR25 5788 Invoice CREDIT CARD PAYMENT-RK
APR25 6160 Invoice CREDIT CARD PAYMENT-JI
APR25 7146 Invoice CREDIT CARD PAYMENT-TC
APR25 7794 Invoice CREDIT CARD PAYMENT: JB
APR25 9893 Invoice CREDIT CARD PAYMENT-JT
FOSTER & FOSTER CONSULTING ACTUARIES INC 05/08/2025 10,300.00 105732 35889 Invoice FY24/25 GASB 75 REPORT
GRACENOTE 05/08/2025 77.92 105733
150033578 Invoice MAY25 LISTING DISTRIBUTION SERVICES-GATV GRAINGER 05/08/2025 92.43 105734
9471244146 Invoice BATTERY, STEP STOOL FOR FACILITIES
HDL SOFTWARE LLC 05/08/2025 924.43 105735
SIN049316 Invoice MAR25 NEW ACCOUNTS, RETURNS PROCESSED IMPULSE ADVANCE COMMUNICATIONS 05/08/2025 1,601.90 105736 131684 Invoice MAY25 PHONE SERVICES
KANOPY 05/08/2025 73.00 105737
451525 - PPU Invoice APR25 LIBRARY VIDEOS
LIEBERT CASSIDY WHITMORE 05/08/2025 105738 4,327.50
290925 Invoice PROFESSIONAL LEGAL SERVICES THROUGH 3/31/25 290926 Invoice PROFESSIONAL LEGAL SERVICES THROUGH 3/31/25 MAR CO EQUIPMENT COMPANY 05/08/2025 105739 608.91
208244 Invoice GASKET & FILTERS FOR UNIT 331 4/18/25
MARK CRANES TREE INC 05/08/2025 105740 6,000.00
4209 Invoice CARP AVE BRIDGE PROJECT RETENTION RELEASE
MCR CONSTRUCTION INC 05/08/2025 105741 3,966.83
INV0007464 Invoice REFUND BUILDING PERMIT 14532, 14533
MINER'S ACE HARDWARE INC 05/08/2025 105742 229.28
22557 Invoice ORB SANDER, WIRE BRUSH FOR PUBLIC WORKS
G28602 Credit Memo DISCOUNT ON INVOICE 21825
MISSION UNIFORM SERVICE 05/08/2025 105743 216.24
523703404 Invoice MAT REPLACEMENT, UNIFORM CLEANING 4/21/25 NEO GOV 05/08/2025 105744 5,752.05
INV-132504 Invoice GOVERNMENT JOBS SUBSCRIPTION 5/25/25-5/24/26 OVERDRIVE INC. 05/08/2025 105745 305.28
01352CO25129223 Invoice APR25 EBOOKS/AUDOBOOKS FOR LIBRARY 01352CO25131649 Invoice APR25 EBOOKS/AUDOBOOKS FOR LIBRARY 01352DA25126821 Invoice APR25 EBOOKS/AUDOBOOKS FOR LIBRARY 01352DA25134383 Invoice APR25 EBOOKS/AUDOBOOKS FOR LIBRARY QUADIENT FINANCE USA INC 05/08/2025 105746 1,000.00
APR25 7900 0440 8110 0954 Invoice POSTAGE FOR CITY HALL 4/24/25 & 4/30/25 ROCKWELL PRINTING 05/08/2025 105747 1,077.53
46713 Invoice BUSINESS CARDS FOR P. GREER
46792 Invoice CITY LOGO ENVELOPES 5/2/25
SO CA EDISON 05/08/2025 6,803.75 105748
APR25 700247140684 Invoice APR25 ELECTRICITY-1 CARPINTERIA TC1 APR25 700291369452 Invoice APR25 ELECTRICITY-MULTIPLE LOCATIONS APR25 700814698495 Invoice APR25 ELECTRICITY-900 ELM AVE EV EV STAPLES ADVANTAGE 05/08/2025 299.14 105749
6030545057 Invoice COPY PAPER, PENS, STORAGE BOXES
TRI-CO REPROGRAPHICS 05/08/2025 367.74 105750
219510 Invoice LARGE PRINT CARP HIGH SCHOOL AREA CROSSWALK TVSB 05/08/2025 3,145.00 105751
NS2343 Invoice APR25 VIDEO PRODUCTION SERVICES
WENDELIN WAGNER 05/08/2025 800.00 105752
INV0007470 Invoice HOMESCHOOL SPEAKER/WORKSHOP LEADER SERVICES WEX BANK (76) 05/08/2025 282.69 105753
104502578 Invoice APR25 FUEL FOR CITY VEHICLES
SANTA BARBARA COUNTY CLERK OF THE BOARD 05/08/2025 4,173.50 105754 INV0007474 Invoice CEQA NOTICE OF DETERMINATION FEE PL-21-2128 AMAZON CAPITAL SERVICES INC 05/15/2025 4,305.26 105755
13CH-CHH1-4G9F Invoice ZIP BOOKS:C. CUMES
13PY-QNXQ-WYCQ Invoice VOICE RECORDER FOR COMMUNITY DEVELOPMENT MEETINGS 1CHK-GV4M-MHDW Invoice ZIP BOOKS:M. FORBES
1CWV-TL3D-J19C Invoice NEW FIXTURES FOR LIBRARY RESTROOM 1GCW-9TQF-1WCW Invoice TONER, ENVELOPES, STICKY NOTES
1H3C-V9NJ-N6DM Invoice ZIP BOOKS:E. CASTRO
1KXQ-FFL6-7KT9 Invoice BOOKS FOR LIBRARY
1L6M-1D9N-6K4G Invoice AGE WELL EVENT SUPPLIES
1L6M-1D9N-L414 Invoice ZIP BOOKS:M. LOPEZ
1L6W-LV7M-N1PT Invoice ZIP BOOKS:E. COTTER
1NDD-GJTT-CPT4 Invoice ZIP BOOKS:J. SMART
1PHX-6JC3-3Q1L Invoice BOOKS FOR LIBRARY
1PM7-TV3V-MM4N Invoice BOOKS FOR LIBRARY
1RWH-KCYR-31TF Invoice BOOKS FOR LIBRARY
1T4R-9LNF-6FQP Invoice UNIFORM SHORTS FOR D. HERNANDEZ
1TRT-KCHW-6Q4R Invoice HDMI CABLE FOR COUNCIL CHAMBERS TELEVISION 1WHL-4F1J-LW3Q Invoice COMMUNITY ENGAGEMENT SUPPLIES
1WL7-9PM9-MK6G Invoice BOOKS FOR LIBRARY
1WWV-6JTG-XX11 Invoice MICROPHONE FOR COUNCIL CHAMBERS
**Void** 05/15/2025 105756 - AQUA-FLO SUPPLY 05/15/2025 105757 147.94 SI2517295 Invoice DRAIN & HOSE NOZZLE FOR CLEANING DRAIN PIPES AT&T MOBILITY 05/15/2025 105758 690.79
287303896883X05102025 Invoice MAY25 CITY HALL CELL PHONES BACKGROUNDS ONLINE 05/15/2025 105759 451.19
578174 Invoice APR25 PROFESSIONAL SERVICES
BIG GREEN CLEANING COMPANY 05/15/2025 105760 13,440.00
671130 Invoice MAY25 CONTRACTED CLEANING SERVICES
CALTRANS 05/15/2025 105761 4,546.45
SL250965 Invoice JAN25-MAR25 SIGNALS & LIGHTING BILLINGS CARPINTERIA VALLEY LUMBER CO 05/15/2025 105762 380.12
562121 Invoice CLEAR SPRAY PAINT FOR PARK SIGNS
562190 Invoice SOIL BUILDING COMPOST FOR COMMUNITY GARDEN 562418 Invoice CONCRETE & REBAR FOR VIOLA FOUNTAIN INSTALLATION 562522 Invoice FIGURE 8 HOSE END FOR COMMUNITY GARDEN
562659 Invoice PAINT FOR BEACH SIGNS
562687 Invoice SANDPAPER, MATERIAL FOR KIOSK @ LINDEN AVE 562718 Invoice BATTERIES, SAFETY HASPS FOR LIFEGUARD TOWERS 562725 Invoice BATTERIES, SAFETY HASPS FOR LIFEGUARD TOWERS
562968 Invoice TOOLS FOR VIOLA FOUNTAIN INSTALLATION
563212 Invoice HARDWARE FOR VIOLA FOUNTAIN INSTALLATION 563214 Invoice SANDPAPER, TACK CLOTH FOR KIOSK @ LINDEN AVE 563285 Invoice HARDWARE FOR LIFEGUARD TOWERS
CARPINTERIA VALLEY WATER DISTRICT 05/15/2025 21,926.74 105763 CARP CITY APR25 SERVICE Invoice APR25-WATER FOR MULTIPLE LOCATIONS CITY OF SANTA BARBARA CD-RHMP 05/15/2025 6,250.00 105764 INV0007485 Invoice FY24/25 Q3 RENTAL HOUSING MEDIATION SERVICES CLASSIC CAR WASH 05/15/2025 450.00 105765
INV0383 Invoice 5/8/25 FLEET CARWASH SERVICES
COAST AUTO PARTS INC 05/15/2025 193.58 105766
790818 Invoice OIL FOR SWEEPER MAINTENANCE 5/2/25
COASTAL VIEW NEWS 05/15/2025 370.00 105767
62336 Invoice CERT COURSES AD 5/1/25
CONNIE ROJAS 05/15/2025 300.00 105768
INV0007482 Invoice VETS HALL DEPOSIT REFUND
COTTON SHIRES AND ASSOCIATES INC 05/15/2025 45,217.00 105769 425211 Invoice MAR25 2022 PAVEMENT REHAB PROJECT
425212 Invoice PROFESSIONAL ENGINEERING SERVICES THROUGH 3/31/25 425213 Invoice MAR25 VIA REAL STORMWATER PROJECT
COUNTY OF SANTA BARBARA - PUBLIC WORKS 05/15/2025 485.14 105770 977 Invoice OUR WATER OUR WORLD MEMBERSHIP FEE
COUNTY SANITATION COMPANY INC STEWARTS & SELZER PLUMBING 05/15/2025 3,460.00 105771 66227 Invoice INSTALL NEW TOILET AT LIBRARY 4/10/25
66266 Invoice RESET BREAKER ON POOL HEATER 4/23/25
COX BUSINESS 05/15/2025 916.65 105772
MAY25 001 3011 022093901 Invoice MAY25 CITY HALL INTERNET-PHONE SERVICE MAY25 001 3011 028030701 Invoice MAY25 POOL & GARDEN INTERNET-PHONE SERVICE MAY25 001 3011 028450702 Invoice MAY25 VETS HALL INTERNET-PHONE SERVICE EASY LIFT TRANSPORTATION 05/15/2025 105773 1,000.00
7614 Invoice MAY25 COMMUNITY TRANSPORTATION SERVICES
EDITH FLORES 05/15/2025 105774 100.00
INV0007493 Invoice PARK DEPOSIT REFUND
GRAINGER 05/15/2025 105775 436.77
9460016307 Invoice HYDRAULIC DOOR CLOSER FOR LIBRARY
JOY EQUIPMENT PROTECTION INC 05/15/2025 105776 325.00
6982 Invoice SEMI ANNUAL TEST/INSPECTION HAZMAT SUPPRESSION SYS JUAN O'S MOBILE REPAIR 05/15/2025 105777 2,923.23
304 Invoice SERVICE STREET SWEEPER 5/2/25
LARRY NIMMER 05/15/2025 105778 800.00
4325 Invoice VIDEO PRODUCTION FOR DTBAB "DOWNTOWN T"
LAWSON PRODUCTS INC 05/15/2025 105779 578.88
8312258954 Invoice HEX SCREWS, LOCKNUTS, FENDER WASHERS FOR SHOP 9312299367 Invoice FENDER WASHERS FOR SHOP STOCK
9312306728 Invoice DRAIN OPENER, HEAD SOCKET, MACHINE SCREW NUTS LEFTWICH ARCHAEOLOGY 05/15/2025 105780 16,239.00
030625 Invoice VIA REAL STORMWATER PROJECT 1/3/25-1/31/25 MCCORMIX CORP 05/15/2025 105781 253.29
28698 Invoice FUEL FOR CITY VEHICLES
MISSION UNIFORM SERVICE 05/15/2025 105782 671.28
523703400 Invoice TOWEL & MAT REPLACEMENT VETS HALL 4/21/25 523703401 Invoice TOWEL & MAT REPLACEMENT LIBRARY 4/21/25 523703403 Invoice TOWEL & MAT REPLACEMENT POOL 4/21/25
523703405 Invoice TOWEL & MAT REPLACEMENT CITY HALL 4/21/25
523740846 Invoice MAT REPLACEMENT, UNIFORM CLEANING 4/28/25 523740847 Invoice TOWEL & MAT REPLACEMENT CITY HALL 4/28/25 523785615 Invoice TOWEL & MAT REPLACEMENT VETS HALL 5/5/25 523785616 Invoice TOWEL & MAT REPLACEMENT LIBRARY 5/5/25 523785618 Invoice TOWEL & MAT REPLACEMENT POOL 5/5/25
523785619 Invoice MAT REPLACEMENT, UNIFORM CLEANING 5/5/25 523785620 Invoice TOWEL & MAT REPLACEMENT CITY HALL 5/5/25 MNS ENGINEERS INC 05/15/2025 1,622.50 105783
89783 Invoice APR25 ENGINEERING SERVICES-5115 OGAN ROAD MRS ENVIRONMENTAL INC 05/15/2025 9,360.63 105784
600-2025-04 Invoice APR25 OIL & GAS ON CALL ENVIRONMENTAL SERVICES NOAH ALVARA 05/15/2025 162.00 105785
INV0007509 Invoice REPLENISH PETTY CASH
OVERDRIVE INC. 05/15/2025 897.11 105786
01352CO25143541 Invoice MAY25 EBOOKS/AUDIOBOOKS FOR LIBRARY 01352CO25143878 Invoice MAY25 EBOOKS/AUDIOBOOKS FOR LIBRARY RISDON'S 76 SERVICE 05/15/2025 105.00 105787
1811 Invoice CAR WASH FOR UNIT 250 4/24/25
6709 Invoice CAR WASH FOR UNIT 250 4/10/25
7478 Invoice CAR WASH FOR UNIT 255 4/12/25
ROCKWELL PRINTING 05/15/2025 110.40 105788
46794 Invoice BUSINESS CARDS B. MCNULTY
SANTA BARBARA PEST CONTROL 05/15/2025 320.00 105789
47136 Invoice APR25 PEST CONTROL AT VETS HALL
47137 Invoice APR25 PEST CONTROL AT CITY HALL
47327 Invoice MAY25 PEST CONTROL AT COMMUNITY POOL
SHOWSCAPES 05/15/2025 22,575.00 105790
388340526 Invoice MAY25 LANDSCAPE MAINTENANCE
388340527 Invoice MAY25 MONTHLY CHEMICAL CHARGE
SITEONE LANDSCAPE SUPPLY (ALL AROUND) 05/15/2025 105791 275.43 152571954-001 Invoice IRRIGATION REPAIR MATERIAL FOR VIOLA FIELDS 152573042-001 Invoice TRENCHING SHOVELS, TEFLON TAPE FOR PARKS SMARDAN HATCHER COMPANY 05/15/2025 105792 194.03
S4232340.001 Invoice SLOAN REPAIR PARTS FOR ASH BEACH RESTROOM URINALS SO CA EDISON 05/15/2025 105793 11,258.63
APR25 700201069122 Invoice APR25 ELECTRICITY-101 ASH AVE APR25 700230547624 Invoice APR25 ELECTRICITY-5103 CARPINTERIA AVE APR25 700264659490 Invoice APR25 ELECTRICITY-1115 LINDEN AVE B PED APR25 700274833982 Invoice APR25 ELECTRICITY-901 CACTUS LN EV EV APR25 700525378417 Invoice APR25 ELECTRICITY-931 WALNUT & 4851 5TH ST APR25 700604790697 Invoice APR25 ELECTRICITY-CAPP AV/CSTS PAS 609 APR25 700827356389 Invoice APR25 ELECTRICITY-5300 CARPINTERIA AVE TC1 TC1 MAR25 700405192484 Invoice MAR25 ELECTRICITY-MULTIPLE LOCATIONS SO CAL GAS 05/15/2025 105794 4,626.27
APR25 006 514 2700 7 Invoice NATURAL GAS 5305 CARPINTERIA AVE (POOL) APR25 016 913 9500 6 Invoice NATURAL GAS 5775 CARPINTERIA AVE (CITY HALL) APR25 140 914 3084 4 Invoice NATURAL GAS 941 WALNUT AVE (VETS HALL) SOLID WASTE SOLUTIONS INC 05/15/2025 105795 1,255.75
226 Invoice APR25 SOLIDWASTE PROFESSIONAL SERVICES
SONIA CARACHURE 05/15/2025 105796 100.00
INV0007524 Invoice PARK DEPOSIT REFUND
THE FLAG FACTORY 05/15/2025 105797 2,198.66
34944 Invoice REPAIR FLAG POLE AT EL CARRO PARK
34963 Invoice REPLACEMENT FLAGS FOR LINDEN AVE & CITY HALL TRUE NORTH COMPLIANCE SERVICES INC 05/15/2025 105798 2,658.43 25-04-039 Invoice APR25 BP PLAN CHECK/INSPECTION SERVICES
TWO TRUMPETS COMMUNICATIONS 05/15/2025 6,000.00 105799
1478 Invoice APR25 COMMUNICATIONS
UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFORNIA 05/15/2025 225.75 105800 24-253479 Invoice MAY25 CA STATE REGULATORY FEE
420250174 Invoice MAY25 NEW TICKET CHARGES & DATABASE
UNIQUE MANAGEMENT SERVICES INC 05/15/2025 65.00 105801
6139135 Invoice APR25 LOST LIBRARY BOOKS
VIETNAM VETERANS OF AMERICA CHAPTER 218 SANTA BARBARA05/15/2025 250.00 105802 INV0007525 Invoice VETS HALL DEPOSIT REFUND LESS CLEANUP CHARGE VINCENT SEMONSEN 05/15/2025 1,105.00 105803
INV0007526 Invoice MAR-APR25 BIOLOGICAL SERVICES
WATKINS FENCE CO. 05/15/2025 7,276.50 105804
CC5925 Invoice INSTALL GATE OPERATOR IN PUBLIC WORKS YARD WAXIE SANITARY SUPPLY 05/15/2025 156.12 105805
83080773-C Credit Memo 6 CASES KLEENLINE KITCHEN ROLL RETURNED 83157834 Invoice BATH TISSUE 4/9/25
83182850 Invoice BATH TISSUE, TRASH BAGS 4/21/25
ZWORLD GIS 05/15/2025 2,977.00 105806
2025-0174 Invoice APR25 MAPPING/GIS SERVICES
A-1 TRUCK AND EQUIPMENT 05/15/2025 2,884.94 105807
37281 BALANCE Invoice LIFT GATE INSTALL UNIT 323
MISSIONSQUARE 05/15/2025 11,278.66 105808
INV0007518 Invoice MISSIONSQUARE Employee Contributions INV0007519 Invoice Deferred Compensation Contribution-Part Time Emp INV0007520 Invoice MissionSquareEmployee Contributions
INV0007521 Invoice MISSIONSQUARE Employee Contributions SEIU LOCAL 620 05/15/2025 235.32 105809
INV0007522 Invoice Employee Union Dues Contribution
CalPERS HEALTH 05/08/2025 DFT0003455 8,636.46
100000017897177 Invoice MAY25 HEALTH PREMIUMS
EDD-SIT 05/15/2025 DFT0003466 8,948.64
PR10 5/15/25 Invoice PR10 5/15/25 EDD PIT TAX DEPOSIT
EDD-SDI 05/15/2025 DFT0003467 2,562.50
PR10 5/15/25 Invoice PR10 5/15/25 EDD SDI TAX DEPOSIT
INTERNAL REVENUE SERVICE 05/15/2025 DFT0003468 27,955.98 PR10 5/15/25 Invoice PR10 5/15/25 FEDERAL TAX DEPOSIT
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
ITEM FOR COUNCIL CONSIDERATION
Contracts Executed by the City Manager on behalf of the City for the Period of April 8, 2025 through May 6, 2025.
STAFF RECOMMENDATION
Receive and file Report of Contracts Executed by the City Manager for the Period of April 8, 2025 through May 6, 2025.
DISCUSSION
The City Manager is delegated authority by the Carpinteria Municipal Code (CMC), §2.08.150B, to execute contracts on behalf of the City in the amount of $50,000 or less. Pursuant to CMC §2.08.150C, a list of all contracts executed by the City Manager is provided for City Council information and appended to this Staff Report as Attachment A. Attachment A lists all contracts entered into on behalf of the City for goods, construction and services for the Period of April 8, 2025 through May 6, 2025.
FINANCIAL CONSIDERATIONS
All contracts entered into are within the appropriated budgeted amounts.
ATTACHMENTS
A. Report of Contracts Executed by the City Manager
Agenda Section: Consent Calendar
Agenda Item No.: 5
Council Meeting Date: May 27, 2025
Report of Contracts Executed by City Manager
May 27, 2025
Staff contact:
Brian C. Barrett, City Clerk
(805) 755-4403, [email protected]
Signature
Reviewed by: Ryan Kintz, Assistant City Manager
(805) 755-4400; [email protected] Signature
ATTACHMENT A
Report of Contracts Executed by the City Manager
Period of April 8, 2025 through May 6, 2025
VENDOR PURPOSE AMOUNT
Kaser Design Design and Production of three sign
types for Harbor Overlook, Tar Pits Park
Interpretive Area, and Harbor Seal
Rookery Beach Enforcement
$16,000.00
Community Action Commission of
Santa Barbara (dba CommUnify)
South Coast Youth Safety Partnership
Sponsors and Host Agency
Memorandum of Understanding
$18,762.00
LIN Consulting, Inc. Third Amendment to Extend Term of
Original Agreement to April 21, 2026
for Consulting Engineering Services for
the Carpinteria High School Area
Crosswalk Safety Improvements
Project No. 15125
$0.00
MNS Engineers, Inc. Consultant Services Agreement for
City Surveyor Staff Augmentation
Services
$30,000.00
Cotton, Shires and Associates, Inc. Amendment No. 2 to Consultant Services Agreement for 2022
Pavement Rehabilitation Project No.
15132 Construction Quality Assurance
Material Testing Services
$9,500.00
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
ITEM FOR COUNCIL CONSIDERATION
Monthly Report on Compliance with Statement of Safekeeping and Investment of Public Funds.
STAFF RECOMMENDATION
Receive and file the report.
Sample Motion: I move to receive and file the report.
BACKGROUND / DISCUSSION
The City Council of Carpinteria serves as the trustee of the City's public funds and is authorized to make investment decisions in accordance with the Prudent Investor Standard. The Prudent Investor Standard of the California Government Code Section 53600.3 states:
When investing, reinvesting, purchasing, acquiring, exchanging, selling or managing public funds, a trustee shall act with care, skill, prudence and diligence under circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated need of the City, that a prudent person in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the City.
The standard of prudence to be used by investment officials shall be applied in the context of managing the overall portfolio.
Trustees are those persons authorized to make investment decisions on behalf of a local agency. Trustees or City Investment Officials, acting in accordance with investment policy and exercising due diligence, shall be relieved of personal responsibility changes or market price changes,
provided deviations from expectations are reported in a timely manner and appropriate action is taken to control adverse developments.
Agenda Section: Consent Calendar
Agenda Item No.: 6
Council Meeting Date: May 27, 2025
Monthly
May 27, 2025
The purpose of this agenda item is to provide the City Council with the required monthly (Attachment A).
POLICY CONSISTENCY
The City is in compliance with the adopted Statement of Safekeeping and Investment of Public Funds.
FINANCIAL CONSIDERATIONS
Cash Statement: On April 30, 2025, the City held cash and cash investments as shown in Table 1 below.
Table 1
Investments:
Changes in the market value of treasury securities are inversely proportional to changes in interest rates demanded in the open market (i.e., when rates rise, market values fall, when rates fall, market values rise).
changes in market rates is a function of its days to maturity and coupon rate. Securities with longer maturities and/or lower coupon rates are more sensitive to changes in market interest rates. As security matures, changes in its value become less sensitive to market rate fluctuations.
As of April 30, 2025, the portfolio 2.29 years, the
average coupon rate was 2.77%, the average yield to maturity was 3.85%, the par value was $10,000,000, and the market value was $9,968,554.42.
The City does not intend to sell or have any foreseeable need to sell any securities. The to hold all securities to maturity, and securities so held are redeemed at par value, resulting in no net market gain or loss. investments and cash activity for the month.
Cash and Investment Beginning of the Month $ 13,770,043.42 Cash Receipts (7,488,894.85)
Cash Disbursements 8,424,341.28
Cash and Investment End of the Month $ 14,705,489.85
CASH ACTIVITY FOR THE MONTH:
Monthly
May 27, 2025
The City of Carpinteria can meet all expenditure obligations that might reasonably be anticipated for the next six-month period from May 1, 2025, to November 1, 2025.
LEGAL
This report has been prepared in compliance with California Government Code Sections 53600 and 53646.
PRINCIPAL PARTIES EXPECTED AT MEETING
None.
ATTACHMENTS
Attachment A: City of Carpinteria Monthly
Staff contact:
Licette Maldonado, Administrative Services Director
[email protected]; (805) 755-4448 Signature
Reviewed by: Ryan Kintz, Assistant City Manager [email protected]; (805) 755-4400 Signature Reviewed by: Michael Ramirez, City Manager [email protected]; (805) 755-4450 Signature
ATTACHMENT A
City Monthly Report
Cash and Investment Beginning of the Month $ 13,770,043.42 Cash Receipts (7,488,894.85) Cash Disbursements 8,424,341.28 Cash and Investment End of the Month $ 14,705,489.85 Type of Investment/Coupon/CUSIP # Institution/Issuer Yield to Maturity Maturity Date # Days to Maturity Par Value Market Value (1) Book Value (2) Demand Deposit - General Checking Montecito Bank N/A N/A N/A 43,822.13 43,822.13 43,822.13 Demand Deposit - Premier Public Money Market Montecito Bank N/A 5/1/2025 1 1,921,690.40 1,921,690.40 1,921,690.40 Demand Deposit - Section 125 Checking Montecito Bank N/A N/A N/A 1,322.72 1,322.72 1,322.72 Demand Deposit - Payroll Checking Montecito Bank N/A N/A N/A 155,000.00 155,000.00 155,000.00 Local Agency Investment Fund State of California 0.22% 5/1/2025 1 1,546,984.49 1,546,984.49 1,546,984.49 Demand Deposit - Money Market Charles Schwab N/A 5/1/2025 1 1,271,620.48 1,271,620.48 1,271,620.48 Treasury Note, 0.25%, (912828ZT0) U.S. Government 1.25% 5/31/2025 31 250,000.00 249,062.50 241,660.01 Treasury Note, 0.25%, (912828ZW3) U.S. Government 1.53% 6/30/2025 61 250,000.00 248,291.00 239,598.86 Treasury Note, 0.25%, (91282CAM3) U.S. Government 1.32% 9/30/2025 153 250,000.00 245,869.13 240,265.00 Treasury Note, 3.0%, (9128285J5) U.S. Government 4.09% 10/31/2025 184 250,000.00 248,486.33 242,136.63 Treasury Note, 0.375%, (91282CBC4) U.S. Government 1.20% 12/31/2025 245 250,000.00 243,974.60 241,955.00 Treasury Note, 0.375%, (91282CBC4) U.S. Government 1.37% 12/31/2025 245 250,000.00 243,974.60 240,365.00 Treasury Note, 3.875%, (91282CGE5) U.S. Government 3.77% 1/1/2026 246 250,000.00 249,755.85 250,641.19 Treasury Note, 1.625%, (912828P46) U.S. Government 1.56% 2/15/2026 291 250,000.00 245,322.25 250,595.69 Treasury Note, 0.5%, (91282CBQ3) U.S. Government 1.28% 2/25/2026 301 250,000.00 242,871.08 242,113.19 Treasury Note, 0.75%, (91282CBT7) U.S. Government 1.28% 3/31/2026 335 250,000.00 242,890.63 244,459.30 Treasury Note, 0.75%, (91282CCF6) U.S. Government 1.34% 5/31/2026 396 250,000.00 241,748.03 243,702.50 Treasury Note, 0.875%, (91282CCJ8) U.S. Government 1.35% 6/30/2026 426 250,000.00 241,591.78 244,821.96 Treasury Note, 1.625%, (91282YQ7) U.S. Government 4.00% 10/31/2026 549 250,000.00 242,441.40 227,869.30 Treasury Note, 2%, (91282U24) U.S. Government 4.31% 11/15/2026 564 250,000.00 243,632.80 228,317.27 Treasury Note, 1.25%, (91282CDK4) U.S. Government 1.28% 11/30/2026 579 250,000.00 240,673.83 249,602.02 Treasury Note, 1.5%, (912828Z78) U.S. Government 3.64% 1/31/2027 641 250,000.00 240,898.43 231,040.31 Treasury Note, 2.25%, (912828V98) U.S. Government 4.29% 2/15/2027 656 250,000.00 243,955.08 229,819.14 Treasury Note, 2.5%, (91282CEF4) U.S. Government 3.96% 2/16/2027 657 250,000.00 244,843.75 235,031.06 Treasury Note, 2.75%, (91282CEN7) U.S. Government 3.71% 4/30/2027 730 250,000.00 245,878.90 241,094.62 Treasury Note, 3.25%, (91282CEW7) U.S. Government 3.70% 6/30/2027 791 250,000.00 248,212.88 245,668.13 Treasury Note, 3.125%, (91282CFH9) U.S. Government 4.19% 8/31/2027 853 250,000.00 247,343.75 238,232.21 Treasury Note, 4.125%, (91282CFU0) U.S. Government 4.02% 10/31/2027 914 250,000.00 253,154.28 250,962.10 Treasury Note, 2.25%, (9128283F5) U.S. Government 4.01% 11/15/2027 929 250,000.00 241,904.28 232,267.50 Treasury Note, 3.875%, (91282CGC9) U.S. Government 4.01% 12/31/2027 975 250,000.00 251,904.28 248,750.00 CITY OF CARPINTERIA TREASURER'S REPORT For the Month Ended April 2025 CASH ACTIVITY FOR THE MONTH: CASH AND INVESTMENT PORTFOLIO: 1 CITY OF CARPINTERIA TREASURER'S REPORT For the Month Ended April 2025 Treasury Note, 4%, (91282CGPO) U.S. Government 3.99% 2/29/2028 1035 250,000.00 252,675.78 249,990.24 Treasury Note, 3.625%, (91282CGT2) U.S. Government 4.15% 2/29/2028 1035 250,000.00 250,312.50 244,990.00 Treasury Note, 4%, (91282CHK0) U.S. Government 4.14% 3/31/2028 1066 250,000.00 253,046.88 248,593.75 Treasury Note, 4.125%, (91282CHQ7) U.S. Government 4.13% 7/31/2028 1188 250,000.00 253,906.25 249,920.00 Treasury Note, 4.375%, (91282CHX2) U.S. Government 4.23% 8/31/2028 1219 250,000.00 255,859.38 251,445.00 Treasury Note, 4.625%, (91282CJA0) U.S. Government 4.52% 9/30/2028 1249 250,000.00 258,007.80 251,015.00 Treasury Note, 4.875%, (91282CJF9) U.S. Government 4.51% 10/31/2028 1280 250,000.00 260,097.65 253,583.99 Treasury Note, 4.375%, (91282CJN2) U.S. Government 4.20% 11/30/2028 1310 250,000.00 256,113.28 251,775.00 Treasury Note, 3.75%, (91282CJR3) U.S. Government 4.50% 12/31/2028 1341 250,000.00 250,917.95 242,177.50 Treasury Note, 4.25%, (91282CKD2) U.S. Government 4.48% 2/28/2029 1400 250,000.00 255,292.95 247,505.21 Treasury Note, 4.125%, (91282CKG5) U.S. Government 4.13% 3/31/2029 1431 250,000.00 254,218.75 247,724.61 Treasury Note, 4.5%, (91282CKT7) U.S. Government 4.50% 5/31/2026 396 250,000.00 257,812.50 251,259.77 Treasury Note, 4.25%, (91282CKX8) U.S. Government 4.25% 6/30/2029 1522 250,000.00 255,468.75 248,750.00 Treasury Note, 4.125%, (91282CLR0) U.S. Government 4.34% 10/31/2029 1645 250,000.00 254,462.88 247,675.78 Treasury Note, 4.125%, (91282CMA6) U.S. Government 4.13% 11/30/2029 1675 250,000.00 254,550.78 247,333.99 Treasury Note, 4.375%, (91282CMD0) U.S. Government 4.34% 12/31/2029 1706 250,000.00 257,128.90 250,341.80 14,908,994.64 14,940,440.22 14,705,489.85 WEIGHTED AVERAGE MATURITY OF PORTFOLIO As of April 30, 2025 the weighted average days to maturity of the City's investment portfolio is 2.29 years. FOOTNOTES TO REPORT/DEFINITION OF TERMS: (1) The market value of U.S. Goverment Securities was provided by the custodial agent, Charles Schwab. For the Local Agency Investment Fund the market value represents the contract value. For all other investments, the market value is equal to book value. (2) Book value of demand deposits equals the bank balance minus outstanding checks plus deposits-in-transit. Yield to Maturity (YTM): The percentage rate of return for the note assuming that the City holds the asset until its maturity date. It is the sum of all its remaining coupon payments. Par Value: Equals face value of security (value of the security when it reaches maturity). Market Value: The last price for which a security was bought or sold. In this case, the value as of the last day of the month of this report. Book Value: The amount at which the security is carried in the City's accounting records (adjusted at year-end for GASB 40 reporting purposes). REPORT OF ABILITY TO MEET REQUIRED EXPENDITURES FOR THE NEXT SIX MONTHS Based upon currently budgeted revenues and expenditures, the City currently has sufficient liquid financial resources to meet anticipated expenditures during the period 5/01/25 through 11/01/25. REPORT ON COMPLIANCE WITH STATEMENT OF SAFEKEEPING AND INVESTMENT OF PUBLIC FUNDS The City is in compliance with the adopted Statement of Safekeeping and Investment of Public Funds. 2 City of Carpinteria
COUNCIL AGENDA STAFF REPORT
ITEM FOR COUNCIL CONSIDERATION
Second Reading of Ordinance No. 793, an Ordinance of the City Council of the City of Carpinteria, California, amending Chapter 2.37 of Title 2 (Administration and Personnel) of the Carpinteria Municipal Code to modify the provisions relating to the appointment and service of Youth Representatives on the Library Advisory Commission.
STAFF RECOMMENDATION
Adopt Ordinance No. 793, (second reading).
Sample motion: I move to adopt Ordinance No. 793. (Requires a roll call vote.)
BACKGROUND
On June 14, 2021, the City Council adopted Ordinance No. 7471, establishing the Municipal Library, Library Board of Trustees, and the Library Division of the Parks, Recreation and Community Services Department (formerly the Parks, Recreation and Public Facilities Department). On October 11, 2021, the Library Board of Trustees approved Resolution No. 60742, which created the Library Advisory Commission (LAC) and established its bylaws.
Subsequently, on June 13, 2022, the City Council adopted Ordinance No. 7563, which superseded Resolution No. 6074 by incorporating its provisions into Chapter 2.37 of the Carpinteria Municipal Code (CMC), thereby formally establishing the Library Advisory Commission by ordinance. On May 28, 2024, the Council adopted Ordinance No. 7824, amending Chapter 2.37 of the CMC to modify the composition of the Library Advisory Commission to align reporting requirements with State Law and to allow for the inclusion of a Youth Representative position.
1 https://carpinteria.granicus.com/GeneratedAgendaViewer.php?view_id=2&clip_id=821 2 https://carpinteria.granicus.com/GeneratedAgendaViewer.php?view_id=2&clip_id=901 3 https://carpinteria.granicus.com/GeneratedAgendaViewer.php?view_id=2&clip_id=1052 4 https://carpinteria.granicus.com/GeneratedAgendaViewer.php?view_id=2&clip_id=1449 Agenda Section: Consent Calendar
Agenda Item No.: 7
Council Meeting Date: May 27, 2025
Ordinance No. 793
May 27, 2025
On February 3, 20255, the City Council appointed positions to its Boards, Committees & Commissions. At the time, two youth applicants applied for the single Youth Representative position on the Library Advisory Commission. One applicant was appointed by the Council. During that meeting, Councilmember Mayer inquired whether only one youth position was permitted, which staff confirmed. Following the meeting, multiple Councilmembers expressed interest in exploring options to allow for broader youth participation on the Commission.
At the February 10, 20256, meeting of the Library Board of Trustees, Councilmember Mayer again raised the topic, suggesting that the Library Advisory Commission consider ways to involve multiple youth, especially given their non-voting status and the potential for representing diverse youth perspectives in the community. City Librarian Jody Thomas confirmed that both she and the Commission were supportive of increasing youth participation and that any such change would require a municipal code amendment. Staff committed to bringing forward a proposed ordinance amendment to address this. The City Council approved the first reading of Ordinance No. 793 with the additional language stating that Youth Representatives may be excused from Library Advisory Commission meetings on an as-needed basis provided that they give advance notice for their absence.
The purpose of this agenda item is for the Council to adopt Ordinance No. 793 upon second reading.
DISCUSSION
To support increased youth engagement in library programs and local government, staff recommend amending Chapter 2.37 of the CMC through Ordinance No. 793. The proposed amendment would authorize the Library Advisory Commission to appoint one or more Youth Representatives from within the library service area.
Youth Representatives would remain non-voting members of the Commission and would not receive a stipend for their service. Appointments would be made by the voting members of the Library Advisory Commission.7 Youth Representatives would be eligible to serve a term of two years, with the option to participate only during the academic school year. The number of Youth Representatives appointed would be determined at the discretion of the Commission, based on the number of applications received and the qualifications of the applicants.
This change will allow for greater flexibility and inclusivity, encouraging participation from a broader range of youth and fostering future civic involvement.
POLICY CONSISTENCY
5 https://carpinteria.granicus.com/GeneratedAgendaViewer.php?view_id=2&clip_id=1577 6 https://carpinteria.granicus.com/GeneratedAgendaViewer.php?view_id=2&clip_id=1580 7 The LAC is composed of five members representative of the library service area who are appointed by the Carpinteria Library Board of Trustees and serve two-year terms ending on January 31st of oddnumbered years. Commissioners receive a $30 stipend for each LAC meeting they attend.
Ordinance No. 793
May 27, 2025
meaningful youth engagement in City government.
FINANCIAL CONSIDERATIONS
No Additional Funding Requested. Minimal staff time to prepare the report is included in the Adopted FY 2025-26 General Fund Budget.
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
requirements and best practices.
OPTIONS
1. Adopt Ordinance No. 793 (second reading).
2. Do no adopt Ordinance No. 793 and provide direction to staff as appropriate.
PRINCIPAL PARTIES EXPECTED AT MEETING
None
ATTACHMENTS
A: Ordinance No. 793
Staff contact:
Jeanette Gant, Parks, Recreation and Community
Services Director
(805) 755-4449, [email protected]
Signature
Reviewed by:
Ryan Kintz, Assistant City Manager
(805) 755-4400; [email protected]
Signature
Reviewed by: Michael Ramirez, City Manager (805) 755-4450, [email protected] Signature
ATTACHMENT A
Ordinance No. 793
ORDINANCE NO. 793
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARPINTERIA, CALIFORNIA, AMENDING CHAPTER 2.37 OF THE
CARPINTERIA MUNICIPAL CODE TO MODIFY THE PROVISIONS
RELATING TO THE APPOINTMENT AND SERVICE OF YOUTH
REPRESENTATIVES ON THE LIBRARY ADVISORY COMMISSION
WHEREAS, on June 14, 2021, the City Council adopted Ordinance No. 747, establishing a Municipal Library, Library Board of Trustees, and the Library Division of the Parks, Recreation and Public Facilities department; and WHEREAS, on October 11, 2021, the Library Board of Trustees approved Resolution No. 6074 establishing a Library Advisory Commission and adopting bylaws for its operation; and
WHEREAS, on June 13, 2022, the City Council adopted Ordinance 756, which
2. Commission by ordinance; and
WHEREAS, on May 28, 2024, the Council adopted Ordinance No. 782, amending Chapter 2.37 of the CMC to modify the composition of the Library Advisory Commission to align reporting requirements with State law and added the option to include a youth position to the Library Advisory Commission; and
WHEREAS, the City Council now desires to shift the authority for making appointment of the non-voting Youth Representative from the Library Board of Trustees to the Library Advisory Commission and allow for the appointment of multiple Youth Representatives to the Library Advisory Commission.
THE CITY COUNCIL OF THE CITY OF CARPINTERIA DOES ORDAIN AS FOLLOWS:
SECTION 1. INCORPORATION OF RECITALS
The above recitals are true and correct and are incorporated herein, and are each relied upon independently by the City Council for its adoption of this Ordinance.
SECTION 2. AMENDMENT TO CODE
is hereby amended in part as
follows:
CMC Section 2.37.010 is hereby amended to read as follows (strikeout indicates deletion, underlining indicates addition):
Ordinance No. 793
2.37.010 - Established Membership.
composed of five-members representative of the library service area with an option to expand as needed. Members will be appointed to two-year terms. All members of the commission shall be appointed through nomination by the president of the library consent of the board, and shall serve at the pleasure
of the board. The commission may also include a Youth Representative Youth Representatives from the library service area. The voting members of the Library Advisory Commission may appoint one or more Youth Representatives from within the library service area. Youth Representatives shall be non-voting members of the Commission and shall not receive a stipend for their service. Youth Representatives may serve a term of up to two years. Youth Representatives may be excused from Library Advisory Commission meetings on an as-needed basis provided that they give advanced notice for their absence. The number of Youth Representatives appointed shall be determined at the discretion of the Commission, based on the number of applications received and the qualifications of the applicants. The commission shall invite a liaison representative from the Friends of the Carpinteria Library, Friends of the Montecito Library, the city representative to the Santa Barbara County Library Advisory Committee, and a representative from the office of the County Board of Supervisors First District to attend regular meetings.
Should additional libraries be added to the Carpinteria Library System in the future, additional voting members may be added to the commission.
The board president and board shall also, through its nomination and appointment process, seek to ensure a commission that is representative of the library service area population demographic; library user groups, including underrepresented user groups; and person(s) knowledgeable in library management and operations.
SECTION 3. SEVERABILITY
If any word, phrase, sentence, section, subsection, or other portion of this Chapter, or application thereof, is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, section, subsection, or other portion, or the prescribed application thereof, shall be severable, and the remaining provisions of this Chapter shall remain in full force and effect. The City Council hereby declares that it would have passed this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases is declared invalid or unconstitutional.
SECTION 4. CERTIFICATION
The City Clerk shall certify to the adoption of this ordinance and, within 15 days after its adoption, shall cause it to be published in accord with California Law.
Ordinance No. 793
PASSED, APPROVED AND ADOPTED on the 27th day of May, 2025, by the following vote:
AYES: COUNCILMEMBER(S):
NOES: COUNCILMEMBER(S):
ABSENT: COUNCILMEMBER(S):
ABSTAIN: COUNCILMEMBER(S):
________________________
Mayor, City of Carpinteria
ATTEST:
_________________________ Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria
I hereby certify that the foregoing Ordinance was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of Carpinteria held on May 27, 2025.
_____________________________
Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria
APPROVED AS TO FORM: ______________________________ Jena Shoaf Acos, on behalf of Brownstein Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
ITEM FOR COUNCIL CONSIDERATION
Investment Policy Update Reporting Frequency from Quarterly to Monthly
STAFF RECOMMENDATION
Adopt Resolution No. 6402,
change the investment reporting frequency from quarterly to monthly.
Sample Motion: I move to adopt Resolution No. 6402, approving an amendment to the
BACKGROUND
Resolution No. 6402 (Attachment A) outlines amendments
proposed in response to a recommendation from the Fiscal Year (FY) 2023/2024 audit.
The independent external auditor advised aligning the reporting frequency stated in the Investment Policy with the City's current practice of providing monthly investment reports. The Investment Policy was last revised with the adoption of Resolution No. 6345 on October 28, 2024.
DISCUSSION
Resolution No. 6402 proposes two targeted updates for
City Council review and approval. These amendments include the following:
1. Reporting Frequency: Updates the reporting frequency terminology, replacing presenting investment activity reports on a monthly basis. This change eliminates the outdated quarterly reporting requirement and ensures the policy is consistent with both existing procedures and recognized best practices.
2. Terminology Update: Replaces
Agenda Section: Consent Calendar
Agenda Item No.: 8
Council Meeting Date: May 27, 2025
Investment Policy Amendment
May 27, 2025
recommended by the Government Finance Officers Association (GFOA).
The revisions are clearly marked in the policy document, with deletions indicated by strikethrough and additions by underlining. The redlined investment policy is provided in Attachment B.
objectives, listed in order of priority:
1. Safety: The foremost priority, ensuring the preservation of principal by diversifying investment instruments1 and limiting exposure to risk.
2. Liquidity: Ensuring sufficient availability of funds to meet anticipated operational needs.
3. Return on Investment: Generating a reasonable rate of return, commensurate with the City's risk profile and cash flow requirements.
The City remains committed to responsible investment management in accordance with these objectives and applicable legal standards.
POLICY CONSISTENCY
The proposed amendments are consistent with California state law and reflect best practices in public financial management.
The City's investment strategy prioritizes FDIC-insured instruments and conservative, government-backed securities, reinforcing its commitment to the core principles of safety, liquidity, and return. These principles are applied in accordance with the Prudent Investor Standard, ensuring that public funds are managed responsibly, and i best interest.
FINANCIAL CONSIDERATIONS
There is no fiscal impact associated with this action. Minimal staff time required to prepare and implement this amendment is included in the adopted FY 2024/25 General Fund Budget.
1 An investment instrument is a financial vehicle or asset used to earn a return on invested funds. In the context of municipal investing, common investment instruments include government securities (such as U.S. Treasury bills and notes), certificates of deposit (CDs), local agency investment funds (LAIF), and other interest-
Investment Policy Amendment
May 27, 2025
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The City is in full compliance with all legal reporting requirements. All investment decisions and policy guidelines adhere to the Prudent Investor Standard, as codified in state law. All monthly reports required by law have been made in a timely manner and the
OPTIONS
1. Adopt Resolution No. 6402, receiving and filing the amended Investment Policy as submitted.
2. Decline to adopt Resolution No. 6402 and direct staff as appropriate.
PRINCIPAL PARTIES EXPECTED AT MEETING
Unknown
ATTACHMENTS
A. Resolution No. 6402 Amended Investment Policy
B. Red lined Investment Policy
Staff contact:
Pam Greer, Finance Manager
[email protected]; (805) 880-3406
Signature
Licette Maldonado, Administrative Services Director
[email protected]; (805) 755-4448
Signature
Reviewed by: Ryan Kintz, Assistant City Manager
[email protected]; (805) 755-4400
Signature
Reviewed by: Michael Ramirez, City Manager [email protected]; (805) 755-4400 Signature
ATTACHMENT A
Resolution No. 6402
RESOLUTION NO. 6402
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARPINTERIA,
CALIFORNIA, ADOPTING AN UPDATED INVESTMENT POLICY
REVISING THE REPORTING FREQUENCY
FROM QUARTERLY TO MONTHLY
WHEREAS, the investment policies and practices of the City are based on state law and prudent money management. All funds will be invested in accordance with the 53646; and
WHEREAS, the Administrative Services Director of the City of Carpinteria shall annually submit for review the investment policy, and any changes thereto shall be considered by the legislative body at a public meeting; (CGC 53646(a)); and WHEREAS, the Annual Statement of Investment Policy was last reviewed and adopted per Resolution No. 6345 on October 28, 2024; and WHEREAS, the proposed amendment responds to a recommendation made by WHEREAS, the Annual Statement of Investment Policy reporting frequency changed from quarterly reporting to monthly reporting; and NOW, THEREFORE, BE IT RESOLVED as follows:
SECTION 1. The above recitals are true and correct.
SECTION 2. The Investment Policy, attached hereto as Exhibit 1, is hereby amended and adopted. The amended policy has been reviewed and is received for filing..
PASSED, APPROVED AND ADOPTED on May 27, 2025 by the following vote:
AYES: COUNCILMEMBER(S):
NOES: COUNCILMEMBER(S):
ABSENT: COUNCILMEMBER(S):
ABSTAIN: COUNCILMEMBER(S):
________________________
Mayor, City of Carpinteria
Resolution No. 6402
ATTEST:
_________________________ Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria
I hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Carpinteria held on May 27, 2025. ________________________
Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria
APPROVED AS TO FORM: _______________________________ Jena Shoaf Acos, on behalf of Brownstein Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria
EXHIBIT 1: INVESTMENT POLICY
Exhibit 1 to Resolution No. 6402
City Investment Policy
2 | P a g e
Last Revised: October 28, 2024; Resolution No. 6345
Date Adopted: 06/09/25
Last Revised: 05/01/25
CITY INVESTMENT POLICY CMC Section: 3.30
PURPOSE
It is the purpose of the investment policy of the City of Carpinteria (City) to invest funds in a manner which will provide the highest investment return possible consistent with maximum security while meeting daily cash flow demands and conforming to all other statutes governing the investment of City funds.
The investment policies and practices of the City are based on state law and prudent money
Policy, and California Government Code Sections 53601 and 53646.
POLICY
The City shall invest public funds in such a manner as to comply with the state and local law; ensure prudent money management; provide for daily cash flow requirements; and meet the objectives of the Policy, in priority order of Safety, Liquidity and Return on Investment.
SCOPE
This investment policy applies to all investment activities and financial assets of the City.
The funds covered by this policy are accounted for and incorporated in the Annual Comprehensive Financial Report (ACFR) and include:
General Fund
Special Revenue Funds
Debt Service Funds
Capital Project Funds
Fiduciary Funds
PRUDENCE
The City Council is the City of Carpinteria trustees and authorized to make investment decisions on behalf of the City investing public funds subject to the prudent investment standard. The Prudent Investor Standard of the California Government Code Section When investing, reinvesting, purchasing, acquiring, exchanging, selling or managing public funds, a trustee shall act with care, skill, prudence and diligence under circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated need of the City, that a prudent person in a like capacity and familiarity with those matters would use in the conduct of funds of a like character EXHIBIT 1
3 | P a g e
Last Revised: October 28, 2024; Resolution No. 6345
and with like aims, to safeguard the principal and maintain the liquidity needs of the City.
The standard or prudence to be used by investment officials shall be applied in the context of managing the overall portfolio.
Trustees are those persons authorized to make investment decisions on behalf of a local agency. Trustees or City Investment officials, acting in accordance with investment policy and exercising due diligence, shall be relieved of personal responsibility for an individual changes or market price changes, provided deviations from expectations are reported in a timely manner and appropriate action is taken to control adverse developments.
OBJECTIVES
California Government Code Section 53600.6 defines the primary objectives of a trustee investing public money. The primary objectives, in priority order, of investment activities shall be:
1. Safety: Safety of principal is the foremost objective of the investment program.
Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective, the City will diversify its investment funds among a variety of securities with independent returns.
2. Liquidity: The investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements which might reasonably be anticipated.
3. Return on Investments: The investment portfolio shall have the objective of attaining a comparative performance measurement or an acceptable rate of return throughout the budgetary and economic cycles. These measurements should be Policy and the cash flow characteristics of the portfolio.
DELEGATION OF AUTHORITY
Government Code Sections 53600 through 53609. Management responsibility for the investment program is hereby delegated to the City Manager or the Administrative Services Director (City Treasurer) as directed by the City Council. Under the authority granted by the City Council, no person may engage in an investment transaction covered by the terms of this policy unless directed by the City Treasurer.
ETHICS AND CONFLICTS OF INTEREST
Investment officials shall refrain from personal business activity that could conflict with the proper execution and management of the policy and the investment program, or which could impair their ability to make impartial investment decisions. The investment officials are governed by the Political Reform Act of 1974 regarding disclosure of material financial interests.
4 | P a g e
Last Revised: October 28, 2024; Resolution No. 6345
AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS
AUTHORIZED AND SUITABLE INVESTMENTS
The City Treasurer may invest City funds in the following instruments as specified in the California Government Code, Sections 53600 et seq., and as further limited in this policy. The City is empowered by statue to invest in the following types of securities:
Federal Deposit Insurance Corporations (FDIC) Insured Accounts. Funds required for immediate cash flow needs shall be deposited in an interest-bearing FDIC insured checking account at a bank in Carpinteria. Dollar Maximum: None; Maximum Maturity: N/A
Local Agency Investment Fund (LAIF), of the State of California. Investments in accordance with the laws and regulations governing those funds. Dollar Maximum:
$65 million (State Statue limit); Maximum Maturity: N/A Obligations of the U.S. Government, its agencies and instrumentalities, including U.S. Treasury notes, bonds, bills, or certificate indebtedness, or those for which the full faith and credit of the United States are pledged for the payment of principal and interest, federal agencies, mortgage-backed securities with a fixed coupon issued by an agency of the U.S. Government, government-sponsored enterprise obligations (GSE), participation, or other instruments. Dollar Maximum: None; Maximum Maturity: 5 years
Investments not specifically authorized herein are disallowed. Additionally, California Government Code Section 53601.6 disallows the following: inverse floaters, range notes, or interest-only strips that are derived from a pool of mortgages. Futures, options, all leveraged purchases, reverse repurchases, and speculations on interest rates are specifically not allowed by this policy.
5 | P a g e
Last Revised: October 28, 2024; Resolution No. 6345
REVIEW OF INVESTMENT PORTFOLIO
The securities held by the City must be in compliance with Section Authorized and Suitable Investments at the time of purchase. Because some securities may not comply with Section Authorized and Suitable Investments subsequent to the date of purchase, the City Treasurer or designee, shall at least annually review the portfolio to identify those securities that do not comply. The City Treasurer shall establish procedures to report to the City Council and Budget/Finance Standing Committee, major and critical incidences of noncompliance identified through the review of the portfolio.
INVESTMENT POOLS / MUTUAL FUNDS
A thorough investigation of the pool/fund is required prior to investing, and on a continual basis. There shall be a questionnaire developed which will answer the following general questions:
A description of eligible investments securities, and a written statement of investment policy and objectives.
A description of interest calculations and how it is distributed, and how gains and losses are treated.
A description of how the securities are safeguarded (including the settlement processes), and how often the securities are priced, and the program audited.
A description of who may invest in the program, how often, what size deposit and withdrawal are allowed.
A schedule for receiving statements and portfolio listings.
A description of how the pool/fund maintains reserves, retains earnings or how income after expense is distributed to participants.
A fee schedule, and when and how it is assessed.
The eligibility of the pool/fund to invest in bond proceeds and a description of its practices.
COLLATERALIZATION
Collateralization will be required on certificates of deposit. In order to anticipate market changes and provide a level of security for all funds, the collateralization level will be 110% of market value for Certificates of Deposits. Collateral will always be held by an independent third party with who the City has a current custodial agreement. A clearly marked evidence of ownership (safekeeping receipt) must be supplied to the City and retained. The right of collateral substitution is granted. 6 | P a g e
Last Revised: October 28, 2024; Resolution No. 6345
SAFEKEEPING AND CUSTODY
All security transactions entered into by the City shall be conducted on a delivery-versuspayment (DVP) basis. Securities will be held by a third-party custodian designated by the City Treasurer and evidenced by safekeeping receipts.
DIVERSIFICATION
The City shall diversify its investments to avoid incurring unreasonable risks inherent in over investing in specific instruments, individual financial institutions or maturities.
Nevertheless, the asset allocation in the portfolio should be flexible depending upon the needs.
MAXIMUM MATURITIES
To the extent possible, the City will attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the City will not directly invest in securities maturing more than 5 years from the date of purchase. Reserve fund may be invested in securities exceeding 5 years if the maturity of such investments is made to coincide as nearly as practicable with the expected use of the funds.
INTERNAL CONTROLS
The City Treasurer shall establish and maintain a system of appropriate internal controls to ensure compliance with policies and procedures. The controls should be designed to prevent losses of public funds arising from fraud, error, or imprudent actions by employees and officers of the City.
PERFORMANCE STANDARDS
The investment portfolio shall be designed with the objective of obtaining a rate of return throughout budgetary and economic commensurate with the investment risk constraints -and-hold). Given
this strategy, the City Treasurer shall determine whether market yields are being achieved by comparing the total return of the portfolio to the monthly LAIF rate and the two-year U.S. Treasury Note as useful benchmarks to measure whether or not the net yields are matching or surpassing the market yields. The benchmarks and investment performance will be reviewed by the Budget/Finance Standing Committee as market conditions warrant or when the benchmarks are not met for a consecutive one-year period.
REPORTING
In accordance with California Government Code section 53607, the investment report shall be submitted to the City Council on a monthly basis by the City Treasurer. The City Treasurer shall review and render monthly and monthly investment reports and include the following:
7 | P a g e
Last Revised: October 28, 2024; Resolution No. 6345
The monthly report shall include an accounting of all receipts, disbursements and fund balances.
The monthly report shall include an itemized listing of portfolio investments by type, date of maturity, yield to maturity, issuer, par value, dollar amount invested, and book value.
The monthly report will include a statement of compliance of the portfolio with the per California Government Code Section 53646(b)(2).
The monthly report shall include a statement of compliance that the investment months, or provide and explanation as to why sufficient money shall, or may, not be available, per California Government Code Section 53646(b)(3).
INVESTMENT POLICY ADOPTION
by the City Council.
The policy shall be reviewed annually by the City Council and any modifications to the investment policy must be approved by the City Council.
8 | P a g e
Last Revised: October 28, 2024; Resolution No. 6345
GLOSSARY
Agencies: Federal agency securities and/or Government-sponsored enterprises.
Benchmark: A comparative base for measuring the performance or risk tolerance of the investment portfolio. A benchmark should represent a close correlation to the level of risk Broker: A broker brings buyers and sellers together for commission.
Buy and Hold Strategy: Investments in which management has the positive intent and ability to hold each issue until maturity.
Certificate of Deposit: Large denomination ($100,000 or more) interest bearing time deposits, paying the holder a fixed amount of interest at maturity. Funds cannot be withdrawn before maturity without giving advance notice and without a penalty.
City Treasurer: The Administrative Services Director serves as the City Treasurer, as appointed by the City Council.
Collateralization: To secure a debt in part or in full by pledger of collateral, asset pledged as security to ensure payment or performance of an obligation. Also refers to securities pledged by a bank to secure deposits of public monies.
Annual Comprehensive Financial Report (ACFR): The official annual report of the City.
It includes five combined statements for each individual fund and account group prepared in conformity with GAAP. It also includes supporting schedules necessary to demonstrate compliance with finance-related legal and contractual provisions, extensive introductory material, and detailed statistical section.
Coupon:
interest due on a payment date.
Dealer: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account.
Diversification: Dividing investment funds among a variety of securities offering independent returns.
Duration: A measure of the sensitivity of the price (the value of principal) of a fixedincome investment to a change in interest rates. Duration is expressed as a number of years. Rising interest rates means falling bond prices, while declining interest rates mean rising bond prices.
Federal Deposit Insurance Corporation (FDIC): A federal agency that insures bank deposits, currently up to $250,000 per entity.
9 | P a g e
Last Revised: October 28, 2024; Resolution No. 6345
Interest Rates: The annual yield earned on an investment, expressed as a percentage.
Liquidity: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value.
Local Agency Investment Fund (LAIF): A voluntary investment program offering participating agencies the opportunity to participate in a major portfolio which daily invests Office investment staff at no additional cost to the taxpayer. Investments in LAIF, considered a short-term investment, is readily available for cash withdrawal daily.
Market Value: The price at which a security is trading and could presumably be purchased or sold.
Par Value: The principal amount of a note or bond which must be paid at maturity. Par, of the security. A par bond sold at a price of 100 percent of its principal amount.
Portfolio: Collection of securities held by an investor.
Principal: The face value of par value of a debt instrument, or the amount of capital invested in a given security.
Rate of Return: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond the current income return.
Treasury Bills: A non-interest bearing discount security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months, or one year.
Treasury Notes: Medium-term coupon-bearing U.S. Treasury securities issued as direct obligations of the U.S. Government and having initial maturities of two to ten years.
Uniform Net Capital Rule: Securities and Exchange Commission requirement that member firms as well as nonmember broker-dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital ratio. Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities, one reason new public issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash.
Yield: The rate of annual income return on investment, expressed as a percentage. (a) INCOME YIELD is obtained by dividing the current dollar income by the current market price for the security. (b) NET YIELD or YIELD TO MATURITY is the current income yield minus any premium above par or plus any discount from par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond.
ATTACHMENT B
Red lined Investment Policy
1 | P a g e
Last Revised: October 26, 2020; Resolution No. 6012
CITY INVESTMENT POLICY
PURPOSE
It is the purpose of the investment policy of the City of Carpinteria (City) to invest funds in a manner which will provide the highest investment return possible consistent with maximum security while meeting daily cash flow demands and conforming to all other statutes governing the investment of City funds.
The investment policies and practices of the City are based on state law and prudent money
Policy, and California Government Code Sections 53601 and 53646.
POLICY
The City shall invest public funds in such a manner as to comply with the state and local law; ensure prudent money management; provide for daily cash flow requirements; and meet the objectives of the Policy, in priority order of Safety, Liquidity and Return on Investment.
SCOPE
This investment policy applies to all investment activities and financial assets of the City.
The funds covered by this policy are accounted for and incorporated in the Comprehensive Annual Comprehensive Financial Report (CACFR) and include:
General Fund
Special Revenue Funds
Debt Service Funds
Capital Project Funds
Fiduciary Funds
PRUDENCE
The City Council is the City of Carpinteria trustees and authorized to make investment decisions on behalf of the City investing public funds subject to the prudent investment standard. The Prudent Investor Standard of the California Government Code Section 2 | P a g e
Last Revised: October 26, 2020; Resolution No. 6012
When investing, reinvesting, purchasing, acquiring, exchanging, selling or managing public funds, a trustee shall act with care, skill, prudence and diligence under circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated need of the City, that a prudent person in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the City.
The standard or prudence to be used by investment officials shall be applied in the context of managing the overall portfolio.
Trustees are those persons authorized to make investment decisions on behalf of a local agency. Trustees or City Investment officials, acting in accordance with investment policy and exercising due diligence, shall be relieved of personal responsibility for an individual changes or market price changes, provided deviations from expectations are reported in a timely manner and appropriate action is taken to control adverse developments.
OBJECTIVES
California Government Code Section 53600.6 defines the primary objectives of a trustee investing public money. The primary objectives, in priority order, of investment activities shall be:
1. Safety: Safety of principal is the foremost objective of the investment program.
Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective, the City will diversify its investment funds among a variety of securities with independent returns.
2. Liquidity: The investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements which might reasonably be anticipated.
3. Return on Investments: The investment portfolio shall have the objective of attaining a comparative performance measurement or an acceptable rate of return throughout the budgetary and economic cycles. These measurements should be Policy and the cash flow characteristics of the portfolio.
DELEGATION OF AUTHORITY
Government Code Sections 53600 through 53609. Management responsibility for the investment program is hereby delegated to the City Manager or the Administrative Services Director (City Treasurer) as directed by the City Council. Under the authority granted by the City Council, no person may engage in an investment transaction covered by the terms of this policy unless directed by the City Treasurer. 3 | P a g e
Last Revised: October 26, 2020; Resolution No. 6012
ETHICS AND CONFLICTS OF INTEREST
Investment officials shall refrain from personal business activity that could conflict with the proper execution and management of the policy and the investment program, or which could impair their ability to make impartial investment decisions. The investment officials are governed by the Political Reform Act of 1974 regarding disclosure of material financial interests.
AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS
AUTHORIZED AND SUITABLE INVESTMENTS
The City Treasurer may invest City funds in the following instruments as specified in the California Government Code, Sections 53600 et seq., and as further limited in this policy. The City is empowered by statue to invest in the following types of securities:
Federal Deposit Insurance Corporations (FDIC) Insured Accounts. Funds required for immediate cash flow needs shall be deposited in an interest-bearing FDIC insured checking account at a bank in Carpinteria. Dollar Maximum: None; Maximum Maturity: N/A
Local Agency Investment Fund (LAIF), of the State of California. Investments in accordance with the laws and regulations governing those funds. Dollar Maximum:
$65 million (State Statue limit); Maximum Maturity: N/A Obligations of the U.S. Government, its agencies and instrumentalities, including U.S. Treasury notes, bonds, bills, or certificate indebtedness, or those for which the full faith and credit of the United States are pledged for the payment of principal and interest, federal agencies, mortgage-backed securities with a fixed coupon issued by an agency of the U.S. Government, government-sponsored enterprise obligations (GSE), participation, or other instruments. Dollar Maximum: None; Maximum Maturity: 5 years
4 | P a g e
Last Revised: October 26, 2020; Resolution No. 6012
Investments not specifically authorized herein are disallowed. Additionally, California Government Code Section 53601.6 disallows the following: inverse floaters, range notes, or interest-only strips that are derived from a pool of mortgages. Futures, options, all leveraged purchases, reverse repurchases, and speculations on interest rates are specifically not allowed by this policy.
REVIEW OF INVESTMENT PORTFOLIO
The securities held by the City must be in compliance with Section Authorized and Suitable Investments at the time of purchase. Because some securities may not comply with Section Authorized and Suitable Investments subsequent to the date of purchase, the City Treasurer or designee, shall at least annually review the portfolio to identify those securities that do not comply. The City Treasurer shall establish procedures to report to the City Council and Budget/Finance Standing Committee, major and critical incidences of noncompliance identified through the review of the portfolio.
INVESTMENT POOLS / MUTUAL FUNDS
A thorough investigation of the pool/fund is required prior to investing, and on a continual basis. There shall be a questionnaire developed which will answer the following general questions:
A description of eligible investments securities, and a written statement of investment policy and objectives.
A description of interest calculations and how it is distributed, and how gains and losses are treated.
A description of how the securities are safeguarded (including the settlement processes), and how often the securities are priced, and the program audited.
A description of who may invest in the program, how often, what size deposit and withdrawal are allowed.
A schedule for receiving statements and portfolio listings.
A description of how the pool/fund maintains reserves, retains earnings or how income after expense is distributed to participants.
A fee schedule, and when and how it is assessed.
The eligibility of the pool/fund to invest in bond proceeds and a description of its practices.
5 | P a g e
Last Revised: October 26, 2020; Resolution No. 6012
COLLATERALIZATION
Collateralization will be required on certificates of deposit. In order to anticipate market changes and provide a level of security for all funds, the collateralization level will be 110% of market value for Certificates of Deposits. Collateral will always be held by an independent third party with who the City has a current custodial agreement. A clearly marked evidence of ownership (safekeeping receipt) must be supplied to the City and retained. The right of collateral substitution is granted.
SAFEKEEPING AND CUSTODY
All security transactions entered into by the City shall be conducted on a delivery-versuspayment (DVP) basis. Securities will be held by a third-party custodian designated by the City Treasurer and evidenced by safekeeping receipts.
DIVERSIFICATION
The City shall diversify its investments to avoid incurring unreasonable risks inherent in over investing in specific instruments, individual financial institutions or maturities.
Nevertheless, the asset allocation in the portfolio should be flexible depending upon the needs.
MAXIMUM MATURITIES
To the extent possible, the City will attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the City will not directly invest in securities maturing more than 5 years from the date of purchase. Reserve fund may be invested in securities exceeding 5 years if the maturity of such investments is made to coincide as nearly as practicable with the expected use of the funds.
INTERNAL CONTROLS
The City Treasurer shall establish and maintain a system of appropriate internal controls to ensure compliance with policies and procedures. The controls should be designed to prevent losses of public funds arising from fraud, error, or imprudent actions by employees and officers of the City.
PERFORMANCE STANDARDS
The investment portfolio shall be designed with the objective of obtaining a rate of return throughout budgetary and economic commensurate with the investment risk constraints -and-hold). Given
this strategy, the City Treasurer shall determine whether market yields are being achieved by comparing the total return of the portfolio to the monthly LAIF rate and the two-year U.S. Treasury Note as useful benchmarks to measure whether or not net yields are matching or surpassing the market yields. The benchmarks and investment performance will be reviewed by the Budget/Finance Standing Committee as market 6 | P a g e
Last Revised: October 26, 2020; Resolution No. 6012
conditions warrant or when the benchmarks are not met for a consecutive one-year period.
REPORTING
In accordance with California Government Code section 53607, the investment report shall be submitted to the City Council on a monthly basis by the City Treasurer. The City Treasurer shall review and render monthly and quarterly monthly investment reports and include the following:
The monthly report shall include an accounting of all receipts, disbursements and fund balances.
The quarterly monthly report shall include an itemized listing of portfolio investments by type, date of maturity, yield to maturity, issuer, par value, dollar amount invested, and book value.
The quarterly monthly report will include a statement of compliance of the portfolio compliance per California Government Code Section 53646(b)(2).
The quarterly monthly report shall include a statement of compliance that the next six months, or provide and explanation as to why sufficient money shall, or may, not be available, per California Government Code Section 53646(b)(3).
INVESTMENT POLICY ADOPTION
by the City Council.
The policy shall be reviewed annually by the City Council and any modifications to the investment policy must be approved by the City Council. 7 | P a g e
Last Revised: October 26, 2020; Resolution No. 6012
GLOSSARY
Agencies: Federal agency securities and/or Government-sponsored enterprises.
Benchmark: A comparative base for measuring the performance or risk tolerance of the investment portfolio. A benchmark should represent a close correlation to the level of risk Broker: A broker brings buyers and sellers together for commission.
Buy and Hold Strategy: Investments in which management has the positive intent and ability to hold each issue until maturity.
Certificate of Deposit: Large denomination ($100,000 or more) interest bearing time deposits, paying the holder a fixed amount of interest at maturity. Funds cannot be withdrawn before maturity without giving advance notice and without a penalty.
City Treasurer: The Administrative Services Director serves as the City Treasurer, as appointed by the City Council.
Collateralization: To secure a debt in part or in full by pledger of collateral, asset pledged as security to ensure payment or performance of an obligation. Also refers to securities pledged by a bank to secure deposits of public monies.
Comprehensive Annual Comprehensive Financial Report (CACFR): The official annual report of the City. It includes five combined statements for each individual fund and account group prepared in conformity with GAAP. It also includes supporting schedules necessary to demonstrate compliance with finance-related legal and contractual provisions, extensive introductory material, and detailed statistical section.
Coupon:
interest due on a payment date.
Dealer: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account.
Diversification: Dividing investment funds among a variety of securities offering independent returns.
Duration: A measure of the sensitivity of the price (the value of principal) of a fixedincome investment to a change in interest rates. Duration is expressed as a number of years. Rising interest rates means falling bond prices, while declining interest rates mean rising bond prices.
Federal Deposit Insurance Corporation (FDIC): A federal agency that insures bank deposits, currently up to $250,000 per entity.
Interest Rates: The annual yield earned on an investment, expressed as a percentage. 8 | P a g e
Last Revised: October 26, 2020; Resolution No. 6012
Liquidity: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value.
Local Agency Investment Fund (LAIF): A voluntary investment program offering participating agencies the opportunity to participate in a major portfolio which daily invests Office investment staff at no additional cost to the taxpayer. Investments in LAIF, considered a short-term investment, is readily available for cash withdrawal daily.
Market Value: The price at which a security is trading and could presumably be purchased or sold.
Par Value: The principal amount of a note or bond which must be paid at maturity. Par, of the security. A par bond sold at a price of 100 percent of its principal amount.
Portfolio: Collection of securities held by an investor.
Principal: The face value of par value of a debt instrument, or the amount of capital invested in a given security.
Rate of Return: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond the current income return.
Treasury Bills: A non-interest bearing discount security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months, or one year.
Treasury Notes: Medium-term coupon-bearing U.S. Treasury securities issued as direct obligations of the U.S. Government and having initial maturities of two to ten years.
Uniform Net Capital Rule: Securities and Exchange Commission requirement that member firms as well as nonmember broker-dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital ratio. Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities, one reason new public issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash.
Yield: The rate of annual income return on investment, expressed as a percentage. (a) INCOME YIELD is obtained by dividing the current dollar income by the current market price for the security. (b) NET YIELD or YIELD TO MATURITY is the current income yield minus any premium above par or plus any discount from par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond.
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
ITEM FOR COUNCIL CONSIDERATION
Approval of the First Amendment to the Agreement with Two Trumpets Communications, LLC, Extending the Contract Term Through June 30, 2029, and Increasing the Total Contract Amount to $427,500 for Public Outreach and Communications Support Services
STAFF RECOMMENDATION
Approve the First Amendment to the Agreement for Consultant Services with Two Trumpets Communications, LLC, extending the term of the agreement through June 30, 2029, and increasing the not-to-exceed contract amount by $342,000, for a total amended amount of $427,500, for continued public outreach and communications support services.
Sample Motion: I move to authorize the City Manager to execute the First Amendment to the Agreement for Consultant Services with Two Trumpets Communications, LLC, extending the agreement through June 30, 2029, and increasing the total not-to-exceed contract amount to $427,500 for continued public outreach and communications support services. (This motion requires a roll call vote.)
BACKGROUND
The current agreement (Attachment A) with Two Trumpets Communications includes 80 hours per month of social media management, email newsletter publication, and miscellaneous communication support, including design and writing/editing. Additionally, the agreement provides for up to 15 extra hours per month, as needed, to support special City and Council initiatives that require more extensive communications. This agreement is valid with a total contract amount of $85,500. The agreement does not have a defined end date but will conclude once the $85,500 cap is reached.
The City has maintained agreements with Two Trumpets since July 1, 2018, with each extension reflecting evolving needs in public outreach and communications support. Prior to the formation of the current agreement, a Request for Proposals (RFP) was issued on April 26, 2024, to three digital marketing firms in the Santa Barbara County region: Two Trumpets Communications, Dowitcher Designs, and Oniracom. The goal was to find a and
resident engagement efforts.
Agenda Section: Administrative Matters
Agenda Item No.: 9
Council Meeting Date: May 27, 2025
First Amendment to the Agreement between the City of Carpinteria and Two Trumpets Communications
May 27, 2025
Two Trumpets was selected based on their demonstrated expertise in digital communications and deep understanding of the Carpinteria community. Their proven track record of successful projects with the City, coupled with their responsive, creative, and collaborative approach, distinguished them from other firms. They consistently delivered high-quality results and exceptional value, positioning them as the optimal The purpose of this agenda item is to seek Council approval for an Amendment to the Agreement between the City and Two Trumpets Communications (Attachment B), to cover public outreach services, miscellaneous communications support, and additional service hours to strengthen City program marketing.
DISCUSSION
Two Trumpets Communications has contracted with the City since 2018, consistently delivering high-quality public outreach and communications services. Their work has included social media management, e-newsletter production, website support, design services, and photography.
Lea Boyd is the lead agent for Two Trumpets Communications. Ms. Boyd is a former editor of the Carpinteria Valley News, who brings a deep understanding of the local media been instrumental in shaping responsive, community-informed messaging that aligns with the City's goals.
In addition to digital outreach, Two Trumpets has helped establish a strong foundation for more in- -speaking population. While Ms.
Boyd does not speak Spanish, her work supports Spanish-language outreach by providing high-quality origi
Briones, builds upon this foundation by translating, interpreting, and adapting materials in collaboration with Two Trumpets, ensuring culturally relevant and effective messaging for Spanish-speaking residents.
The Consultant has demonstrated ongoing reliability, creativity, and adaptability in the current level of services will allow the City to preserve momentum in public communication efforts, strengthen transparency, and continue building meaningful community engagement.
The proposed First Amendment to the Agreement with Two Trumpets Communications modifies two key sections of the original contract:
1. Contract Administration Update:
First Amendment to the Agreement between the City of Carpinteria and Two Trumpets Communications
May 27, 2025
Section 2.4 (Contract Administration) will be updated to designate Juliza Briones, Program Manager, as the primary contact for the consultant under this agreement.
The current agreement lists Olivia Uribe-Mutal as the primary contact; however, she is no longer with the City of Carpinteria, necessitating this administrative update.
2. Term Extension:
Section 3 (Term) will be amended to extend the duration of the agreement through June 30, 2029, ensuring continuity of service for an additional four years.
3. Compensation Increase:
Section 4 (Compensation) of the original agreement provides for the City to authorize additional services at its discretion. The First Amendment exercises this option and increases the contract amount by $342,000, resulting in a revised not-to-exceed total of $427,500. The updated cost breakdown is provided in Exhibit A of the amendment.
Although the overall contract amount has increased due to the extended term, the annual not-to-exceed amount of $85,500 remains unchanged from the amount approved in last this time. The increase in the total contract value reflects the continuation of services over four additional years at the existing annual rate.
The agreement includes a base allocation of $72,000 annually for 80 hours of service per month. It also allows for up to 15 additional billable hours per month at $75 per hour, not to exceed the $85,500 annual cap.
POLICY CONSISTENCY
The proposed contract amendment aligns with several adopted City policies and priorities for FY 2024-2025:
Council Priority #1 Enhance Public Outreach, Education, and Transparency:
Continuing services with Two Trumpets Communications directly supports this accessible, and high-quality public information across digital and traditional platforms.
Council Priority #4 Strengthen Community Institution Collaboration:
messaging efforts. Their collaborative approach has contributed to a more connected and effective digital media presence, strengthening engagement with community partners.
Sustainability Policy (Resolution No. 5500):
which promote interactions and communication between neighbors, including internet-
First Amendment to the Agreement between the City of Carpinteria and Two Trumpets Communications
May 27, 2025
performed under this agreement directly supports this goal by using digital communication tools to foster connectivity, build community awareness, and increase resident participation in local programs and initiatives.
In addition, the recommendation to extend the current agreement without issuing a new I(6): Selection of Consultants for Professional Services for Continuing Services, which allows for the continued engagement of professional consultants on a retainer or projectby-project basis without a new competitive process, as long as arrangements are reviewed every three to five years.
Proposals for these services were solicited as recently as last year, and following that process, Two Trumpets was retained based on qualifications, experience, and value.
Their performance has continued to meet the City's needs and expectations. Extending the agreement at this time ensures continuity of service, preserves institutional knowledge, and remains in full compliance with procurement policy.
FINANCIAL CONSIDERATIONS
The proposed contract amendment includes an annual not-to-exceed amount of $85,500 for continued services provided by Two Trumpets Communications. This funding will be -2026, FY 2026-2027, FY 2027-2028, and FY
2028-2029. The allocation of $85,500 annually remains consistent with the amount approved for FY 2024-2025, ensuring that the level and costs of services remains unchanged.
The overall contract amount increases by $342,000 to reflect the four-year extension, but the annual cost remains the same. These funds will be distributed over the four-year term h efforts.
OPTIONS
1. Approve the proposed First Amendment to the Agreement with Two Trumpets Communications, extending the contract term through June 30, 2029, and increasing the total contract amount to $427,500, with an annual not-to-exceed amount of $85,500,
administration to Juliza Briones, Program Manager, replacing Olivia Uribe-Mutal, who is no longer with the City of Carpinteria.
2. Request modifications to the proposed amendment and authorize the City Manager to execute the revised agreement with the approved changes.
3. Receive the staff report and choose not to approve the amendment, directing staff to explore other options for continuing Public Outreach Services and Communications Support.
First Amendment to the Agreement between the City of Carpinteria and Two Trumpets Communications
May 27, 2025
PRINCIPAL PARTIES EXPECTED AT MEETING
Two Trumpets Communications principals, Lea Boyd and Peter Dugré.
ATTACHMENTS
Attachment A: Original Agreement
Attachment B: Amendment No. 1
Staff contact: Juliza Briones, Program Manager
(805) 755-4401, [email protected]
Signature
Reviewed by: Ryan Kintz, Assistant City Manager
(805) 755-4400, [email protected]
Signature
Reviewed by: Michael Ramirez, City Manager
(805) 755-4450, [email protected] Signature
ATTACHMENT A
Original Agreement Between City of Carpinteria and Two Trumpets
PF-48162 (09/16) Page 1 of 2
Professional Package Policy
Common Policy Declarations
ACE Fire Underwriters Insurance Company
Named Insured and Mailing Address: Two Trumpets Communications, LLC , 4939A Carpinteria Ave, Carpinteria, CA 93013-1936
Policy Number: MLBCAF145405322-006
Policy Period: From 10-05-2023 to 10-05-2024 12:01 a.m. local time at the Named Insured’s mailing address shown above.
In return for the payment of the premium, and subject to all the terms of this policy, we agree with you to provide the insurance as state in this policy.
THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED.
Management or Professional Liability Package Policy
Miscellaneous Professional Liability Coverage Part $645.00 Not-for-Profit Organization Management Liability Coverage Part Businessowners Coverage Form $395.00
Applicable state taxes & fees $0.00
Total Policy Premium $1,040.00
IN WITNESS WHEREOF, the Insurer has caused this policy to be signed by its President and Secretary, and countersigned by a duly Authorized representative of the Insurer.
Signed: ___________________ Date: _________________
Authorized Representative
PF-48162 (09/16) Page 2 of 2
Broker: RSG SPECIALTY LLC
Producer Code: 272824
Notice of Claims:
P.O. Box 5122
Scranton, PA 18505-3801
Toll Free: 844-539-3801
[email protected]
THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE PART
DECLARATIONS, COVERAGE PARTS, FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY.
Policy Issued: 10-05-2018
Billing Selected: Agency
PF-38130CA (04/17) Page 1 of 3
(AFU) Westchester Binding
ACE Fire Underwriters Insurance Company
Chubb Errors and Omissions
Liability Declarations
RENEWAL CERTIFICATE
IN CONSIDERATION OF THE PREMIUM FOR THE RENEWAL POLICY IDENTIFIED BELOW, THE INSURER RENEWS THE EXPIRING POLICY FOR THE PERIOD SET FORTH BELOW.
THIS POLICY IS A CLAIMS MADE AND REPORTED POLICY. EXCEPT AS OTHERWISE PROVIDED
HEREIN, THIS POLICY COVERS ONLY CLAIMS FIRST MADE AGAINST THE INSUREDS AND REPORTED TO THE INSURER DURING THE POLICY PERIOD. PLEASE READ THIS POLICY CAREFULLY.
THE LIMITS OF LIABILITY AVAILABLE TO PAY INSURED DAMAGES SHALL BE REDUCED BY AMOUNTS INCURRED FOR CLAIMS EXPENSES. FURTHER NOTE THAT AMOUNTS INCURRED FOR DAMAGES AND CLAIMS EXPENSES SHALL ALSO BE APPLIED AGAINST THE RETENTION AMOUNT.
TERMS THAT APPEAR IN BOLD FACE TYPE HAVE SPECIAL MEANING. PLEASE REFER TO SECTION II, DEFINITIONS, OF THE POLICY.
This Renewal Certificate renews the below referenced Expiring Policy and grants new Limit(s) of Liability and a new Retention. The terms, conditions and exclusions of the below referenced Expiring Policy, except as otherwise indicated herein or in endorsements attached hereto, apply to the renewal Policy Period. For purposes of coverage afforded during the renewal Policy Period, the term Policy means the Expiring Policy (including endorsements attached thereto), as amended by this Renewal Certificate and any endorsements attached hereto, and “Declarations” or “Declarations Page” means this Renewal Certificate.
Renewal Policy Number: MLBCAF145405322-006 Renewal of Policy Number (Expiring Policy):
Item 1. Named Insured
Two Trumpets Communications, LLC
Principal Address: 4939A Carpinteria Ave
Carpinteria, CA, 93013-1936
Item 2. Policy Period:
Renewed from 12:01 a.m. 10-05-2023 To 12:01a.m. 10-05-2024 (Local time at the address shown in Item 1)
Item. 3. Limit of Liability (including Claims Expenses) $1,000,000 Each Claim
$1,000,000 Aggregate Limit
$5,000.00 Disciplinary Proceeding Claims Expenses Aggregate Limit (in addition and Aggregate Limits set forth above)
Item 4. Retention
$0 Each Claim
PF-38130CA (04/17) Page 2 of 3
(AFU) Westchester Binding
Item 5. Premium: $645
Item 6. Retroactive Date (if applicable): 10/05/2018
Item 7: Professional Services: See Amendatory Endorsement Definition of Professional Services Amended Item 8: Notice to Company:
A. Notice of Claim or Wrongful Act:
CHUBB North American Claims
PO Box 5122
Scranton, PA 18505-3801
Toll Free: 844-539-3801
[email protected]
B. All Other Notices:
Commercial Risk Services
3 Country View Road
Third Floor
Malvern, PA 19355
Item 9. Optional Extended Reporting Period:
A. Additional Premium: 100% of last annual premium.
B. Additional Period: 12 months
Item 10. Endorsements attached upon Policy effective date:
PF48162 (0916) Professional Package Policy Common Policy Declarations PF38130CA (0417) RENEWAL CERTIFICATE (AFU)
PF23294c (0310) NETWORK SECURITY OR PRIVACY LIABILITY EXCLUSION PF47760 (0516) UNSOLICITED COMMUNICATIONS EXCLUSION
PF42381CA (0417) DEFINITION OF PROFESSIONAL SERVICES AMENDED PF47462CA (0417) MISCELLANEOUS PROFESSIONAL LIABILILTY ENHANCEMENT
ENDORESMENT
PF48964 (0417) AMENDATORY ENDORSEMENT CALIFORNIA
PF18874 (0206) ACE ADVANTAGE MISCELLANEOUS PROFESSIONAL LIABILITY POLICY
PF23296a (0708) CONTINGENT BODILY INJURY, PROPERTY DAMAGE ("FOR"
PREAMBLE) WITH SUB-LIMIT OF LIABILITY
ALL20887 (1006) ACE PRODUCER COMPENSATION PRACTICES & POLICIES ILP001 (0104) U.S. TREASURY DEPARTMENTS' OFFICE OF FOREIGN ASSETS CONTROL ("OFAC") ADVISORY NOTICE TO POLICYHOLDERS
PF46422 (0715) TRADE OR ECONOMIC SANCTIONS ENDORSEMENT
PF-38130CA (04/17) Page 3 of 3
(AFU) Westchester Binding
PF19061 (1005) SPOUSAL COVERAGE EXTENSION
PF19236 (1205) INSURED DEFINITION AMENDED-LEASED, PART TIME, SEASONAL
EMPLOYEES
PF19806 (0206) ADDITIONAL INSURED (AUTOMATIC PURSUANT TO CONTRACT) PF38981 (0113) FALSE CLAIMS ACT EXCLUSION
Cc1k11k (0422) Signatures (All states except OH)
TR45231a (0820) POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM
INSURANCE COVERAGE
ALL21101 (1106) TRADE OR ECONOMIC SANCTIONS ENDORSEMENT Producer Name and No.: RSG SPECIALTY LLC
540 W MADISON ST 9TH FL
CHICAGO, IL, 60661
272824
IN WITNESS WHEREOF, the Insurer has caused this Policy to be signed by a duly authorized representative of the Company.
DATE: 10/05/2018
______________________________
Authorized Representative
BOP-43604a (4/18) Page 1 of 3
Chubb Group of Insurance Companies
436 Walnut Street
Philadelphia, PA 19106
Businessowners Policy Declarations
ACE Fire Underwriters Insurance Company
This Policy is issued by the stock insurance company listed above (“Insurer”).
Policy Number: MLBCAF145405322-006
Renewal of: MLBCAF145405322-005
Named Insured & Mailing Address: Business Description: Professional Liability Two Trumpets Communications, LLC
4939A Carpinteria Ave, Carpinteria, CA, 93013-1936 Policy Period: From 10-05-2023 To 10-05-2024
12:01 a.m. local time at
the Principal Address
shown
TOTAL ANNUAL PREMIUM: $395.00
ITEM I. PROPERTY
A. Premises Information:
Premises
Number
Building
Number
Premises Address:
1 1 4939A Carpinteria Ave,
Carpinteria, CA 93013-1936
B. Property Coverage Limits of Insurance
Prem. No
Bldg.
No. Type of Property Valuation Deductible Cause of Loss Limit of
Insurance
1 1 Business personal Property Replacement Cost $500 Special $25,000 C. TOTAL PROPERTY PREMIUM: Included
ITEM II. GENERAL LIABILITY
A. General Liability limits of Insurance
Coverages Limit
General Aggregate Limit $2,000,000
Products/Completed Operations Aggregate Limit $1,000,000 Personal & Advertising Injury Limit $1,000,000
Each Occurrence Limit $1,000,000
Damage to Premises Rented to You Limit $100,000
Medical Expense Limit $5,000
B. TOTAL GENERAL LIABILITY PREMIUM: $395.00
BOP-43604a (4/18) Page 2 of 3
Chubb Group of Insurance Companies
436 Walnut Street
Philadelphia, PA 19106
ITEM III. OPTIONAL COVERAGES
Hired and Non Owned Auto Liability
LIMITS
Hired and Non Owned Auto Liability Aggregate Limit: $2,000,000 Hired and Non Owned Auto Liability Each Occurrence Limit: $1,000,000 Premium: Included
Value Plus Endorsement
Premium: $0.00
A. TOTAL OPTIONAL COVERAGE PREMIUM: $0.00
ITEM IV. COVERAGE FORMS
Form Number Edition Title
BOP43604a 0418 BUSINESSOWNERS POLICY DECLARATIONS
BP0003 0713 BUSINESSOWNERS COVERAGE FORM
BP0009 0197 BUSINESSOWNERS COMMON POLICY CONDITIONS
BP0155 0517 California changes
BP0402 0713 ADDITIONAL INSURED - MANAGERS OR LESSORS OF
PREMISES
BP0404 0110 HIRED AUTO AND NON-OWNED AUTO LIABILITY
BP0417 0110 EMPLOYMENT-RELATED PRACTICES EXCLUSION
BP0419 0713 AMENDMENT - LIQUOR LIABILITY EXCLUSION -
EXCEPTION FOR SCHEDULED ACTIVITIES
BP0430 0713 PROTECTIVE SAFEGUARDS
BP0437 0702 EXCLUSION - PERSONAL AND ADVERTISING INJURY BP0448 0713 ADDITIONAL INSURED - DESIGNATED PERSON OR
ORGANIZATION
BP0492 0702 TOTAL POLLUTION EXCLUSION
BP0497 0106 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
BP0513 0702 WAR OR TERRORISM EXCLUSION
BP1486 0713 COMMUNICABLE DISEASE EXCLUSION
BP1488 0713 PRIMARY AND NONCONTRIBUTORY - OTHER
INSURANCE CONDITION
BOP43245 0614 EXCLUSION FOR BLEACHER COLLAPSE
BOP43262 0614 ABSOLUTE ASBESTOS EXCLUSION
BOP43263 0614 BODILY INJURY EXCLUSION - ALL EMPLOYEES
VOLUNTEER WORKERS TEMPORARY WORKERS
CASUAL LABORERS CONTRACTORS AND
SUBCONTRACTORS
BOP43264 0614 LEAD, SILICA AND ORGANIC PATHOGEN EXCLUSION BP0523 0115 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM ITEM V. Notice under this Policy shall be given to:
Chubb North American Claims
PO Box 5122
BOP-43604a (4/18) Page 3 of 3
Scranton, PA 18505-0554
Toll Free: 844-539-3801
[email protected]
ITEM VI. Producer Name and Mailing Address: RSG SPECIALTY LLC 540 W MADISON ST 9TH FL
CHICAGO, IL 60661
Z00569
IN WITNESS WHEREOF, the Insurer has caused this Policy to be signed by its President and Secretary, and countersigned by a duly authorized representative of the Insurer. DATE: 2023-08-02 Authorized Representative _____________________________________________ ________________________________________ Authorized Representative PF-23294c (03/10) Page 1 of 1
EO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Named Insured
Two Trumpets Communications, LLC
Endorsement Number
PF23294c0310
Policy Symbol
MLB
Policy Number
MLBCAF145405322-
006
Policy Period
10-05-2023 to 10-05-2024
Effective Date of Endorsement
10-05-2023
Issued By (Name of Insurance Company)
ACE Fire Underwriters Insurance Company
Network Security or Privacy Liability Exclusion
1. Section II, Definitions, is amended by adding the following:
Network Security or Privacy Breach means:
1. the failure by the Insured to properly handle, manage, store, destroy or otherwise control confidential corporate or personally identifiable information;
2. any violation of the Insured’s privacy policy, or any violation by the Insured of:
(a) the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191); (b) the Gramm-Leach-Bliley Act of 1999;
(c) the California Security Breach Notification Act (CA SB 1386); (d) Section 5(a) of the Federal Trade Commission Act, 15 U.S.C. § 45(a), but solely for alleged violations of unfair or deceptive acts or practices in or affecting commerce; (e) the Drivers Privacy Protection Act (“DPPA”) 18 U.S.C. § 2721, et. seq., or (f) any violation of any other similar state, federal, and foreign identity theft and privacy protection legislation that requires commercial entities that collect personal information to post privacy policies, adopt specific privacy or security controls, or notify individuals in the event that personal information has potentially been compromised; or
3. a failure in network security, including but not limited to activities performed by the Insured to protect against unauthorized access to, unauthorized use of, a denial of service attack directed against, or transmission of malicious code to the Insured's computer system.
2. Section III, Exclusions, is amended by adding the following:
alleging, based upon, arising out or attributable to a Network Security or Privacy Breach. All other terms and conditions of this Policy remain unchanged.
PF-47760 (05/16) Page 1 of 1
EO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Named Insured
Two Trumpets Communications, LLC
Endorsement Number
PF477600516
Policy Symbol
MLB
Policy Number
MLBCAF1454053
22-006
Policy Period
10-05-2023 To 10-05-2024
Effective Date of Endorsement
10-05-2023
Issued By (Name of Insurance Company)
ACE Fire Underwriters Insurance Company
Unsolicited Communications Exclusion
It is agreed that Section III, Exclusions, is amended by adding the following exclusion:
alleging, based upon, arising out of or attributable to:
(1) the United States of America CAN-SPAM Act of 2003 or any amendments thereto or any rules or regulations promulgated thereunder, or any similar provisions of any federal, state, or local statutory law or common law anywhere in the world;
(2) the United States of America Telephone Consumer Protection Act (TCPA) of 1991 or any amendments thereto or any rules or regulations promulgated thereunder, or any similar provisions of any federal, state, or local statutory law or common law anywhere in the world; or (3) any other law, ordinance, regulation or statute used to impose liability in connection with any unsolicited communication, distribution, publication, sending or transmission.
All other terms and conditions of this Policy remain unchanged.
Authorized Representative
PF-42381CA (04/17)
Westchester Binding Page 1 of 1
DEFINITON OF PROFESSIONAL SERVICES AMENDED
Named Insured
Two Trumpets Communications, LLC
Endorsement Number
PF42381CA0417
Policy Symbol
MLB
Policy Number
MLBCAF145405322-
006
Policy Period
10-05-2023 To
10-05-2024Effective Date of Endorsement
10-05-2023
Issued By (Name of Insurance Company)
ACE Fire Underwriters Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING:
CHUBB ERRORS AND OMISSIONS POLICY
It is agreed that Section II, Definitions, subsection P. is deleted in its entirety and replaced by the following:
P. Professional Services means services performed for others by an Insured or by any person or entity for whom the Insured is legally liable for others for a fee; provided, however, Professional Services shall not include services performed as the following:
accountant, actuary, architect, banker, builder, construction manager, contractor, doctor, engineer, franchisor, hardware manufacturer/distributor, insurance agent, insurance company, internet service provider, investment banker, investment advisor, lawyer, mortgage banker/broker, nurse, physician, property developer, security broker/dealer, software programmer, structured settlement broker, web site designer, or web site host services.
All other terms and conditions of this Policy remain unchanged.
PF-47462CA (04/17)
Westchester Binding Page 1 of 3
MISCELLANEOUS PROFESSIONAL LIABILITY ENHANCEMENT ENDORSEMENT Named Insured
Two Trumpets Communications, LLC
Endorsement Number
PF47462CA0417
Policy Symbol
MLB
Policy Number
MLBCAF145405322-
006
Policy Period
10-05-2023 To
10-05-2024Effective Date of Endorsement
10-05-2023
Issued By (Name of Insurance Company)
ACE Fire Underwriters Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING:
CHUBB ERRORS AND OMISSIONS POLICY
It is agreed that in consideration of the premium paid, the Policy is amended as follows:
1. Section I, Insuring Agreement and Defense, subsection B, Defense is amended by deleting numbered paragraph 2 in its entirety and inserting the following:
2. If the Insured refuses to consent to a settlement or a compromise acceptable to the claimant/plaintiff and the Company, then the Company’s liability to pay Damages and Claims Expenses under this Policy with respect to such Claim shall be reduced to (i) the amount of Damages for which the Claim could have been settled plus all Claims Expenses incurred until the date of such refusal, and (ii) 70% of all subsequent covered Claims Expenses and Damages in excess of such amount, which sum shall not exceed the unexhausted Limit of Liability specified in Item 3 of the Declarations. The remaining 30% of Claims Expenses and Damages shall be borne by the Insureds uninsured and at their own risk. In such event, the Company shall tender a check to the Insured for the recommended settlement amount, and shall be relieved of any further duty or obligation, other than for covered Claims Expenses referenced above. This paragraph shall not apply to a settlement in which the total incurred Damages and Claims Expenses do not exceed the Retention.
2. Section II, Definitions, is amended as follows:
a. Subsection C, the definition of Claim is amended by adding the following:
Claim also means a written request of the Insured to toll or waive a statute of limitations applicable to a Claim as otherwise described in this definition.
b. Subsection F, the definition of Damages is amended by deleting the last paragraph and inserting the following:
Damages includes punitive and exemplary damages and the multiplied portion of any multiple damage award to the extent such damages are insurable under the internal laws of the applicable jurisdiction that most favors coverage for such damages.
c. Subsection I, the definition of Insured, is amended by adding the following paragraphs:
Insured also means any joint venture entered into by the Named Insured, but only for the legal liability of the Named Insured in the rendering of or failure to render Professional Services which may result from the Named Insured’s participation in such joint venture.
Insured also means any leased, part time, or seasonal employees who are natural persons, but only with respect to Professional Services performed on behalf of the Named Insured or a Subsidiary thereof;
3. Section III, Exclusions, is amended as follows:
a. Subsection A, is deleted in its entirety and the following is inserted:
A. alleging, based upon, arising out of, or attributable to any dishonest, fraudulent, criminal or malicious act or omission, or any intentional or knowing violation of the law by an Insured, however, this exclusion shall not apply unless and until there is an adverse admission by or final adjudication against any Insured as to such conduct, at which time the Insured shall reimburse the Company for all Damages and Claims Expenses paid or incurred on account of such Claim. This exclusion shall apply to any Insured who had knowledge of or participated in the aforementioned conduct. For purposes of this exclusion, only the knowledge of the PF-47462CA (04/17)
Westchester Binding Page 2 of 3
Named Insured’s and any Subsidiary’s Chief Executive Officer, Chief Financial Officer, President, Chairman of the Board, General Counsel, and Risk Manager (or the functional equivalent of such positions) shall be imputed to the Named Insured and any Subsidiary. Further, the knowledge of any other Insured, other than the aforementioned individuals, shall not be imputed to any other Insured or Insured entity.
b. The following exclusions are added:
alleging, based upon, arising out of or attributable to the Insured’s performance of or failure to perform professional services as a accountant, actuary, architect, banker, builder, contractor, doctor, engineer, franchisor, hardware manufacturer/distributor, insurance agent, insurance company, internet service provider, investment banker, investment advisor, lawyer, nurse, physician, property developer, security broker/dealer, or structured settlement broker.
alleging, based upon, arising out of or attributable to any unsolicited dissemination of faxes or e-mails to multiple, actual or prospective customers of the Insured or any other third party, including but not limited to Claims alleging any actual or alleged violation of the Telephone Consumer Protection Act, any federal or state anti-spam statutes, or any other federal or state statute, law or regulation relating to a person’s or entity’s right of seclusion.
4. Section VI, Conditions, is amended as follows:
a. Subsection A, Notice, numbered paragraph 1 is deleted in its entirety and the following is inserted:
1. The Insureds shall, as a condition precedent to their rights under this Policy, give to the Company written notice of any Claim made against the Insureds as soon as practicable after the Named Insured’s Chairman of the Board, Chief Executive Officer (CEO), President, Chief Financial Officer (CFO), Chief Information Officer (CIO), General Counsel, or Risk Manager (or the functional equivalent of such positions), is first made aware of such Claim, but in no event later than 60 days after: (i) the end of the Policy Period, or (ii) with respect to Claims first made during any applicable Automatic or Optional Extended Reporting Period, the end of such Automatic or Optional Extended Reporting Period. b. Subsection D, Representations, is amended as follows:
i. The phrase “this Policy shall be void ab initio” is deleted and the following is inserted in its place:
this Policy shall be void ab initio as to any Insured who knew the facts misrepresented or the omissions, whether or not such person knew of the Application or this Policy. ii. The following provision is added:
For purposes of this subsection D, only the knowledge of the Named Insured’s and any Subsidiary’s Chairman of the Board, Chief Executive Officer (CEO), President, Chief Financial Officer (CFO), Chief Information Officer (CIO), General Counsel, or Risk Manager (or the functional equivalent of such positions), shall be imputed to the Named Insured and any Subsidiary. Further, the knowledge of an Insured, other than the aforementioned individuals, shall not be imputed to any other Insured or Insured entity. c. Subsection E, Termination, numbered paragraph 1 is deleted in its entirety and the following is inserted:
1. This Policy shall terminate at the earliest of the following times:
a. the effective date of termination specified in a prior written notice by the Named Insured to the Company;
b. 15 days after receipt by the Named Insured of a written notice of termination from the Company for failure to pay a premium when due, unless the premium is paid within such 15 day period; c. upon expiration of the Policy Period as set forth in Item 2 of the Declarations; or d. at such other time as may be agreed upon by the Company and the Named Insured. d. Subsection F, Territory and Valuation is amended by deleting numbered paragraph 1 and inserting the following:
1. Coverage under this Policy shall extend to Wrongful Acts occurring and Claims made anywhere in the world, where legally permissible.
PF-47462CA (04/17)
Westchester Binding Page 3 of 3
e. The following new subsections are added:
Spouses
The spouses and legally recognized domestic partners of Insureds shall be considered Insureds under this Policy, but coverage is afforded only for a Claim arising solely out of their status as a spouse or domestic partner where the Claim seeks damages from marital community property, jointly held property or property transferred from a natural person Insured to such spouse or legally recognized domestic partner. No coverage is provided for any Wrongful Act actually or allegedly committed by such spouse or legally recognized domestic partner. All of the terms and conditions of this Policy including, without limitation, the Retention applicable to Damages and Claims Expenses incurred by Insureds shown in Item 4 of the Declarations shall also apply to Damages and Claims Expenses incurred by such spouses and legally recognized domestic partners.
Allocation
A. If Damages, in part, covered by this Policy and, in part, not covered by this Policy, are incurred on account of a single Claim for which the Company retains the duty to defend, the Policy will pay one hundred percent (100%) of reasonable and necessary Claims Expenses incurred in the defense of such Claims. B. Damages and Claims Expenses incurred by the Insured on account of any Claim for which the Company does not retain the duty to defend shall be allocated between covered and uncovered loss based on the relative legal and financial exposures of the parties and loss at issue.
5. Section VII, Material Changes In Conditions, subsection A, is amended by deleting the phrase “exceeds 10%” and inserting the phrase “exceeds 20%”.
All other terms and conditions of this Policy remain unchanged.
PF-48964 (04/17) Page 1 of 2
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Named Insured
Two Trumpets Communications, LLC
Endorsement Number
PF489640417
Policy Symbol
MLB
Policy Number
MLBCAF145405322-
006
Policy Period
10-05-2023 To
10-05-2024Effective Date of Endorsement
10-05-2023
Issued By (Name of Insurance Company)
ACE Fire Underwriters Insurance Company
Amendatory Endorsement - California
IF THERE IS ANY CONFLICT BETWEEN THE POLICY, OTHER ENDORSEMENTS TO THE POLICY AND
THIS ENDORSEMENT, THE TERMS PROVIDING THE BROADEST COVERAGE INSURABLE UNDER APPLICABLE LAW SHALL PREVAIL.
It is agreed that:
1. Section II of the Policy is amended at Definitions F. Damages by adding the following to the end of the second paragraph:
; provided further that, if such jurisdiction is the State of California, then Damages does not include punitive and exemplary damages and the multiplied portion of any multiple damage award.
2. Section VI of the Policy is amended at Condition E, Termination, by adding the following:
If this Policy has been in effect for more than 60 days, or is a renewal of a Policy the Company issued, the Company may terminate this Policy only for one or more of the following reasons:
a. failure to pay a premium when due, including payment due on a prior policy the Company issued and due during the current Policy Period covering the same risks; b. a judgment by a court or an administrative tribunal that the Named Insured has violated any law of California or of the United States having as one of its necessary elements an act which materially increases any of the risks insured against;
c. discovery of fraud or material misrepresentation by either of the following:
1) the Insured or its representative in obtaining the insurance; 2) the Named Insured or its representative in pursuing a Claim under the Policy; d. discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards, by the Named Insured or its representative, which materially increases any of the risks insured against;
e. failure by the Named Insured or its representative to implement reasonable loss control requirements which were agreed to by the Insured as a condition of Policy issuance or which were conditions precedent to the use by the Company of a particular rate or rating plan, if the failure materially increases any of the risks insured against;
f. a determination by the Insurance Commissioner that the loss of, or changes in, the Company s’ reinsurance covering all or part of the risk would threaten the financial integrity or solvency of the Company;
g. a determination by the Insurance Commissioner that a continuation of the Policy coverage would place the Company in violation of the laws of California or the state of its domicile or that the continuation of coverage would threaten the solvency of the Company; or h. a change by the Named Insured or its representative in the activities or property of the commercial or industrial enterprise which results in a material added risk, a materially increased risk or a materially changed risk, unless the added, increased, or changed risk is included in the Policy.
PF-48964 (04/17) Page 2 of 2
Notice of termination from the Company will state the effective date of termination and the reason(s) for termination, and will be mailed by certified mail to the Named Insured, and by first-class mail to the agent or broker of record, at the last mailing addresses known to the Company. Proof of mailing will be sufficient proof of notice.
3. The following Condition is added to Section VI of the Policy:
NONRENEWAL
If the Company elects not to renew this Policy, it will mail written notice of nonrenewal by certified mail to the Named Insured, and by first-class mail to the agent or broker of record, at the last mailing addresses known to the Company. Notice of nonrenewal will state the reason(s) for nonrenewal and will be mailed at least 60 days, but not more than 120 days, before the end of the Policy Period. Proof of mailing will be sufficient proof of notice.
The Company is not required to send notice of nonrenewal if:
1. the transfer of, or renewal of, a Policy without a change in its terms or conditions or the rate on which the premium is based between the Company and another company which are members of the same insurance group;
2. the Policy has been extended for 90 days or less and the notice required in the first paragraph above has been given prior to the extension;
3. the Named Insured has obtained replacement or has agreed, in writing, within 60 days of the termination of the Policy, to obtain that coverage;
4. the Policy is for a period of no more than 60 days and the Insured is notified at the time of issuance that it may not be renewed;
5. the Named Insured requests a change in the terms or conditions or risks covered by the Policy within 60 days prior to the end of the Policy Period; or
6. the Company has made a written offer to the Insured, within the time period specified in the first paragraph above, to renew the Policy under changed terms or conditions or at a changed premium rate, when the increase exceeds 25%.
All other terms and conditions of this Policy remain unchanged.________________________________________ Authorized Representative PF-18874 (02/06) Page 1 of 10
ACE Fire Underwriters Insurance
Company ACE Advantage®
Miscellaneous Professional
Liability Policy
In consideration of the payment of the premium, in reliance upon the Application, and subject to the Declarations and the terms and conditions of this Policy, the Insureds and the Company agree as follows:
I. INSURING AGREEMENT AND DEFENSE
A. Insuring Agreement
The Company will pay on behalf of the Insured all sums in excess of the Retention that the Insured shall become legally obligated to pay as Damages and Claims Expenses because of a Claim first made against the Insured and reported to the Company during the Policy Period by reason of a Wrongful Act committed on or subsequent to the Retroactive Date and before the end of the Policy Period. B. Defense
1. The Company shall have the right and duty to defend any covered Claim brought against the Insured even if the Claim is groundless, false or fraudulent. The Insured shall not admit or assume liability or settle or negotiate to settle any Claim or incur any Claims Expenses without the prior written consent of the Company and the Company shall have the right to appoint counsel and to make such investigation and defense of a Claim as it deems necessary.
2. The Company’s duty to defend ends if the Insured refuses to consent to a settlement acceptable to the claimant/plaintiff and the Company. In such event, the Company shall tender a check to the Insured for the recommended settlement amount, and shall be relieved of any further duty or obligation, other than for covered Claims Expenses incurred until the date of such refusal. The Insured thereafter has the duty to defend at its own expense. This paragraph shall not apply to a settlement in which the total incurred Damages and Claims Expenses do not exceed the Retention.
3. The Company shall not be obligated to commence or continue to investigate, defend, pay or settle any Claim after the applicable Limit of Liability specified in Item 3 of the Declarations has been exhausted, or after the Company has deposited the remaining available Limit of Liability with a court of competent jurisdiction. In such case, the Company shall withdraw from investigation, defense, payment or settlement of such Claim and shall tender control of such Claim to the Insured. 4. If the Insureds attend hearings, depositions or trials at the request of the Company, the Company shall reimburse the Insureds for actual loss of earnings and reasonable and necessary expenses due to such attendance, up to $250.00 per day and a maximum amount of $5,000 for all Claims covered by this Policy. Such reimbursement payments by the Company to the Insured are not subject to the Retention and shall not reduce the Limits of Liability.
II. DEFINITIONS
A. Application means all applications, including any attachments thereto, and all other information and materials submitted by or on behalf of the Insureds to the Company in connection with the Company underwriting this Policy or any policy of which this Policy is a direct or indirect renewal or replacement or which it succeeds in time. All such applications, attachments, information, and materials are deemed attached to and incorporated into this Policy.
PF-18874 (02/06) Page 2 of 10
B. Bodily Injury means injury to the body, sickness, or disease, and death. Bodily Injury also means mental injury, mental anguish, mental tension, emotional distress, pain and suffering, or shock, whether or not resulting from injury to the body, sickness, disease or death of any person.
C. Claim means:
1. a written demand against any Insured for monetary or non-monetary damages;
2. a civil proceeding against any Insured for monetary damages, non-monetary damages or injunctive relief, commenced by the service of a complaint or similar pleading;
3. an arbitration proceeding against any Insured for monetary damages, non-monetary damages or injunctive relief;
4. a civil, administrative or regulatory investigation against any Insured commenced by the filing of a notice of charges, investigative order or similar document;
5. a Disciplinary Proceeding;
including any appeal therefrom.
D. Claims Expenses means:
1. reasonable and necessary attorneys' fees, expert witness fees and other fees and costs incurred by the Company, or by the Insured with the Company's prior written consent, in the investigation and defense of covered Claims; and
2. premiums for any appeal bond, attachment bond or similar bond, provided the Company shall have no obligation to apply for or furnish such bond.
Claims Expenses shall not include wages, salaries, fees or costs of directors, officers or employees of the Company or the Insured. E. Company means the insurance company providing this insurance.
F. Damages means any compensatory amount which the Insured becomes legally obligated to pay on account of a covered Claim, including judgments, any award of prejudgment and post-judgment interest on that part of any judgment paid under this Policy, awards and settlements. Damages shall not include:
1. any amount for which the Insured is not financially liable or legally obligated to pay;
2. taxes, fines or penalties;
3. matters uninsurable under the law pursuant to which this Policy is construed;
4. disgorgement of profits by an Insured; cost of an Insured’s correction; fees, commissions, expense or costs paid to or charged by an Insured;
5. the cost to comply with any injunctive or other non-monetary or declaratory relief, including specific performance, or any agreement to provide such relief; or
6. any amount relating to a Disciplinary Proceeding, other than Claims Expenses. Damages includes punitive and exemplary damages and the multiplied portion of any multiple damage award, to the extent such damages are insurable under the internal laws of any jurisdiction which has a substantial relationship to the Insured, the Company, this Policy or such Claim. G. Disciplinary Proceeding means any proceeding by a regulatory or disciplinary official, board or agency to investigate charges of professional misconduct by an Insured in the performance of Professional Services. H. Extended Reporting Period means the period for the extension of coverage, if elected, described in Section IV, Extended Reporting Period.
I. Insured means:
1. the Named Insured;
2. any Subsidiary, but only with respect to Wrongful Acts which occur while it is a Subsidiary;
3. any past or present principal, partner, officer, director, trustee or employee of the Named Insured or Subsidiary thereof (and if the Named Insured is a partnership, limited liability partnership or limited liability company, then any general or managing partner or principal thereof), but only with respect to Professional Services performed on behalf of the Named Insured or any Subsidiary;
PF-18874 (02/06) Page 3 of 10
4. the estate, heirs, executors, administrators or legal representatives of any Insured described in paragraph 3 above in the event of such Insured's death, incapacity, insolvency, or bankruptcy, but only to the extent that such Insured would otherwise be provided coverage under this Policy; and
5. independent contractors who are natural persons, but only with respect to Professional Services performed on behalf of the Named Insured or Subsidiary thereof.
J. Interrelated Wrongful Acts means all Wrongful Acts that have as a common nexus any fact, circumstance, situation, event, transaction, cause or series of related facts, circumstances, situations, events, transactions or causes.
K. Named Insured means the entity or person specified in Item 1 of the Declarations.
L. Personal Injury Offense means one or more of the following offenses:
1. false arrest, detention or imprisonment;
2. malicious prosecution;
3. defamation, including libel and slander, and disparagement;
4. publication or an utterance in violation of an individual’s right to privacy; and
5. invasion of the right to private occupancy, including wrongful entry or eviction.
M. Policy means collectively, the Declarations, the Application, this policy form and any endorsements.
N. Policy Period means the period of time specified in Item 2 of the Declarations, subject to prior termination pursuant to Section VI.E, Termination of the Policy.
O. Pollutants means any substance exhibiting any hazardous characteristics as defined by, or identified on a list of hazardous substances issued by the United States Environmental Protection Agency or any federal, state, county or municipal or local counterpart thereof or any foreign equivalent. Such substances shall include, without limitation, solids, liquids, gaseous or thermal irritants, contaminants or smoke, vapor, soot, fumes, acids, alkalis, chemicals or waste materials.
Pollutants shall also mean any other air emission, odor, waste water, oil or oil products, infectious or medical waste, asbestos or asbestos products, silica, or noise.
P. Professional Services means only those services specified in Item 7 of the Declarations performed for others by an Insured or by any other person or entity for whom the Insured is legally liable.
Q. Property Damage means:
1. physical injury to, or loss or destruction of, tangible property, including the loss of use thereof; and
2. loss of use of tangible property which has not been physically injured, lost, damaged or destroyed.
R. Retroactive Date means the date specified in Item 6 of the Declarations. S. Subsidiary means any entity, other than a joint venture, in which the Named Insured:
1. owns interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the board of directors if such entity is a corporation, the management committee members if such entity is a partnership, the members of the management board if such entity is a limited liability company; or
2. has the right, pursuant to written contract or the by-laws, charter, operating agreement or similar documents of the Named Insured or any Subsidiary, to elect, appoint or designate a majority of the board of directors if such entity is a corporation, the management committee members if such entity is a partnership, the members of the management board if such entity is a limited liability company,
PF-18874 (02/06) Page 4 of 10
on or before the inception date of the Policy, either directly or indirectly, in any combination, by one or more other Subsidiaries. T. Wrongful Act means any actual or alleged negligent act, error, omission, misstatement, misleading statement or Personal Injury Offense committed by the Insured or by any other person or entity for whom the Insured is legally liable in the performance of or failure to perform Professional Services. U. Wrongful Employment Practices means any actual or alleged:
1. wrongful dismissal or discharge or termination of employment, whether actual or constructive;
2. employment-related misrepresentation;
3. violation of any federal, state, or local laws (whether common or statutory) concerning employment or discrimination in employment;
4. sexual harassment or other unlawful workplace harassment;
5. wrongful deprivation of a career opportunity or failure to employ or promote;
6. wrongful discipline of employees;
7. retaliation against employees for the exercise of any legally protected right or for engaging in any legally protected activity;
8. negligent evaluation of employees;
9. failure to adopt adequate workplace or employment policies and procedures;
10. employment-related libel, slander, defamation, or invasion of privacy;
11. employment-related wrongful infliction of emotional distress;
12. any actual or alleged discrimination, sexual harassment, or violation of a natural person’s civil rights relating to such discrimination or sexual harassment, whether direct, indirect, intentional or unintentional.
The foregoing definitions shall apply equally to the singular and plural forms of the respective words.
III. EXCLUSIONS
The Company shall not be liable for Damages or Claims Expenses on account of any Claim:
A. alleging, based upon, arising out of, or attributable to any dishonest, fraudulent, criminal or malicious act or omission, or any intentional or knowing violation of the law by an Insured, however, this exclusion shall not apply to Claims Expenses or the Company's duty to defend any such Claim unless and until there is an adverse admission by, finding of fact, or final adjudication against any Insured as to such conduct, at which time the Insured shall reimburse the Company for all Claims Expenses incurred; B. alleging, based upon, arising out of, or attributable to any Bodily Injury or Property Damage; C. alleging, based upon, arising out of, or attributable to any liability of others assumed by the Insured under any express, implied, actual or constructive contract or agreement, unless such liability would have attached to the Insured even in the absence of such contract or agreement;
D. alleging, based upon, arising out of, or attributable to Professional Services performed for any entity if at the time the Professional Services were performed:
1. any Insured, or any other natural person or entity for whom or which an Insured is legally liable, was a partner, director, officer or employee of such entity;
2. any Insured, or any other natural person or entity for whom or which an Insured is legally liable, owned, directly or indirectly, 10% or more of any such entity if it was a publicly held company, or 30% or more of any such entity if it was a privately held or not-for-profit company;
E. brought or maintained by, on behalf of, or in the right of any Insured; F. alleging, based upon, arising out of or attributable to any Wrongful Employment Practice; PF-18874 (02/06) Page 5 of 10
G. alleging, based upon, arising out of, or attributable to any discrimination on any basis, including, but not limited to, race, creed, color, religion, ethnic background, national origin, age, handicap, disability, gender, sexual orientation or pregnancy; H. alleging, based upon, arising out of or attributable to any price fixing, restraint of trade, monopolization, unfair trade practices or other violation of the Federal Trade Commission Act, the Sherman Anti-Trust Act, the Clayton Act, or any other federal statutory provision involving antitrust, monopoly, price fixing, price discrimination, predatory pricing or restraint of trade activities, and any amendments thereto or any rules or regulations promulgated thereunder, or any similar provision of any federal, state, or local statutory law or common law anywhere in the world;
I. alleging, based upon, arising out or attributable to any violation of:
1. the Employee Retirement Income Security Act of 1974;
2. the Securities Act of 1933, the Securities Exchange Act of 1934;
3. the Racketeering Influenced and Corrupt Organizations Act of 1970; and any rules or regulations promulgated thereunder, amendments thereof, or any similar federal, state or common law;
J. alleging, based upon, arising out of, or attributable to the gaining in fact of any profit or advantage to which the Insured is not legally entitled; K. alleging, based upon, arising out of, or attributable to any Wrongful Act committed prior to the beginning of the Policy Period, if, on or before the earlier of the effective date of this Policy or the effective date of any Policy issued by the Company to which this Policy is a continuous renewal or replacement, the Insured knew or reasonably could have foreseen that such Wrongful Act would result in a Claim;
L. alleging, based upon, arising out of, or attributable to:
1. any Wrongful Act, fact, circumstance or situation which has been the subject of any written notice given under any other policy of which this Policy is a renewal or replacement or which it succeeds in time; or
2. any other Wrongful Act whenever occurring which, together with a Wrongful Act which has been the subject of such notice, would constitute Interrelated Wrongful Acts; M. alleging, based upon, arising out of, or attributable to:
1. the actual, alleged or threatened discharge, dispersal, release, escape, seepage, migration or disposal of Pollutants; or
2. any direction or request that any Insured test for, monitor, clean up, remove, contain, treat, detoxify or neutralize Pollutants, or any voluntary decision to do so; N. alleging, based upon, arising out of, or attributable to any validity, invalidity, infringement, violation or misappropriation of any patent, copyright, service mark, trademark, trade name, trade secret or any other intellectual property right;
IV. EXTENDED REPORTING PERIOD
If the Company terminates or does not renew this Policy (other than for failure to pay a premium when due), or if the Named Insured terminates or does not renew this Policy and does not obtain replacement coverage as of the effective date of such termination or nonrenewal, the Named Insured shall have the right, upon payment of the additional premium described below, to a continuation of the coverage granted by this Policy for at least one Extended Reporting Period as follows:
A. Automatic Extended Reporting Period
The Named Insured shall have continued coverage granted by this Policy for a period of 60 days following the effective date of such termination or nonrenewal, but only for Claims first made during such 60 days and arising from Wrongful Acts taking place prior to the effective date of PF-18874 (02/06) Page 6 of 10
such termination or nonrenewal. This Automatic Extended Reporting Period shall immediately expire upon the purchase of replacement coverage by the Named Insured. B. Optional Extended Reporting Period
1. The Named Insured shall have the right, upon payment of the additional premium set forth in Item 9 of the Declarations, to an Optional Extended Reporting Period, for the period set forth in Item 9 of the Declarations following the effective date of such termination or nonrenewal, but only for Claims first made during such Optional Extended Reporting Period and arising from Wrongful Acts taking place prior to the effective date of such termination or nonrenewal.
2. This right to continue coverage shall lapse unless written notice of such election is given by the Named Insured to the Company, and the Company receives payment of the additional premium, within 60 days following the effective date of termination or nonrenewal.
3. The 60 days of the Optional Extended Reporting Period, if it becomes effective, shall run concurrently with the Automatic Extended Reporting Period. C. The Company shall give the Named Insured notice of the premium due for the Optional Extended Reporting Period as soon as practicable following the date the Named Insured gives such notice of such election, and such premium shall be paid by the Named Insured to the Company within 10 days following the date of such notice by the Company of the premium due.
The Optional Extended Reporting Period is not cancelable and the entire premium for the Optional Extended Reporting Period shall be deemed fully earned and non-refundable upon payment.
D. The Automatic and Optional Extended Reporting Periods shall be part of and not in addition to the Limit of Liability for the immediately preceding Policy Period. The Automatic and Optional Extended Reporting Periods shall not increase or reinstate the Limit of Liability, which shall be the maximum liability of the Company for the Policy Period and the Automatic and Optional Extended Reporting Period, combined.
E. A change in Policy terms, conditions, exclusions and/or premiums shall not be considered a nonrenewal for purposes of triggering the rights to the Automatic or Optional Extended Reporting Period
V. LIMITS OF LIABILITY AND RETENTION
A. Limits
1. All Claims arising out of the same Wrongful Act and all Interrelated Wrongful Acts of the Insureds shall be deemed to be one Claim, and such Claim shall be deemed to be first made on the date the earliest of such Claims is first made, regardless of whether such date is before or during the Policy Period. All Damages and all Claims Expenses resulting from a single Claim shall be deemed a single Damage and Claims Expense. 2. The Each Claim Limit stated in Item 3 of the Declarations shall be the Company’s maximum aggregate liability for the sum of all Damages and Claims Expenses because of each Claim, including each Claim alleging any Interrelated Wrongful Acts, first made and reported during the Policy Period. 3. The Aggregate Limit stated in Item 3 of the Declarations shall be the maximum aggregate liability of the Company for all Damages and Claims Expenses because of all Claims, including all Claims alleging any Interrelated Wrongful Acts, first made and reported during the Policy Period. 4. The Disciplinary Proceeding Claims Expenses Aggregate Limit stated in Item 3 of the Declarations shall be the maximum aggregate liability of the Company for Claims Expenses for Disciplinary Proceedings for each Policy Period regardless of the number of Disciplinary Proceedings or Insureds. This limit is in addition to and is not part of the Each Claim Limit or the Aggregate Limit otherwise stated in Item 3 of the Declarations.
PF-18874 (02/06) Page 7 of 10
5. Claims Expenses shall be part of and not in addition to the Aggregate Limit of Liability shown in Item 3 of the Declarations, and shall reduce such Aggregate Limit of Liability.
6. If the Limit of Liability is exhausted by payment of Damages or Claims Expenses, the obligations of the Company under this Policy shall be completely fulfilled and extinguished.
B. Retention
1. The liability of the Company shall apply only to that part of Damages and Claims Expenses which are excess of the Retention amount shown in Item 4 of the Declarations. Such Retention shall be borne uninsured by the Insureds and at their own risk. However, the Retention shall not apply to Claims Expenses in a Disciplinary Proceeding. 2. A single Retention amount shall apply to Damages and Claims Expenses arising from all Claims alleging Interrelated Wrongful Acts. VI. CONDITIONS A. Notice:
1. The Insured shall, as a condition precedent to their rights under this Policy, give to the Company written notice of any Claim as soon as practicable, but in no event later than 30 days after: (i) the end of the Policy Period, or (ii) with respect to Claims first made during any applicable Automatic or Optional Extended Reporting Period, the end of such Automatic or Optional Extended Reporting Period. 2. If, during the Policy Period, any Insured becomes aware of any specific Wrongful Act which may reasonably give rise to a future Claim covered under this Policy, and if the Insureds give written notice to the Company during the Policy Period, the Automatic Extended Reporting Period, or, if elected, the Optional Extended Reporting Period of:
a. the identity of the potential claimants;
b. a description of the anticipated Wrongful Act allegations; c. the identity of the Insureds allegedly involved;
d. the circumstances by which the Insureds first became aware of the Wrongful Act; e. the consequences which have resulted or may result; and f. the potential monetary damages;
then any Claim which arises out of such Wrongful Act shall be deemed to have been first made at the time such written notice was received by the Company. No coverage is provided for fees, expenses and other costs incurred prior to the time such Wrongful Act results in a Claim. 3. All notices under any provision of this Policy shall be in writing and given by prepaid express courier, certified mail or facsimile transmission properly addressed to the appropriate party.
Notice to the Insureds may be given to the Named Insured at the address shown in Item 1 of the Declarations. Notice to the Company of any Claim or Wrongful Act shall be given to the Company at the address set forth in Item 8A of the Declarations. All other notices to the Company under this Policy shall be given to the Company at the address set forth in Item 8B of the Declarations. Notice given as described above shall be deemed to be received and effective upon actual receipt thereof by the addressee, or one day following the date such notice is sent, whichever is earlier.
B. Assistance and Cooperation
PF-18874 (02/06) Page 8 of 10
The Insured shall cooperate with the Company, and provide to the Company all information and assistance which the Company reasonably requests including without limitation attending hearings, depositions and trials and assisting in effecting settlements, securing and giving evidence, obtaining the attendance of witnesses and conducting the defense of any Claim covered by this Policy. The Insured shall immediately forward to the Company at the address indicated in Item 8A of the Declarations every demand, notice, summons, or other process or pleadings received by the Insured or its representatives. The Insured shall do nothing that may prejudice the Company's position.
C. Other Insurance
If any Damages or Claims Expenses covered under this Policy are covered under any other valid and collectible insurance, then this Policy shall cover such Damages or Claims Expenses, subject to its terms and conditions, only to the extent that the amount of such Damages or Claims Expenses are in excess of the amount of such other insurance, whether such other insurance is stated to be primary, contributory, excess, contingent or otherwise, unless such other insurance is written only as specific excess insurance over the Limits of Liability provided by this Policy. D. Representations
1. The Insureds represent and acknowledge that the statements and information contained in the Application are true and accurate and:
a. are the basis of this Policy and are to be considered as incorporated into and constituting a part of this Policy; and
b. shall be deemed material to the acceptance of this risk or the hazard assumed by the Company under this Policy.
It is understood and agreed that this Policy is issued in reliance upon the truth and accuracy of such representations.
2. In the event the Application, including materials submitted or required to be submitted therewith, contains any misrepresentation or omission made with the intent to deceive or which materially affects either the acceptance of the risk or hazard assumed by the Company under this Policy, this Policy shall be void ab initio.
E. Termination
1. This Policy shall terminate at the earliest of the following times:
a. the effective date of termination specified in a prior written notice by the Named Insured to the Company;
b. 60 days after receipt by the Named Insured of a written notice of termination from the Company;
c. 10 days after receipt by the Named Insured of a written notice of termination from the Company for failure to pay a premium when due, unless the premium is paid within such 10 day period;
d. upon expiration of the Policy Period as set forth in Item 2 of the Declarations; or e. at such other time as may be agreed upon by the Company and the Named Insured. 2. If the Policy is terminated by the Named Insured, the Company shall refund the unearned premium computed at the customary short rate. If the Policy is terminated by the Company, the Company shall refund the unearned premium computed pro rata. Payment or tender of any unearned premium by the Company shall not be a condition precedent to the effectiveness of such termination, but such payment shall be made as soon as practicable.
F. Territory And Valuation
PF-18874 (02/06) Page 9 of 10
1. Coverage under this Policy shall extend to Wrongful Acts taking place anywhere in the world, provided that the Claim is made within the jurisdiction, and subject to the substantive laws of the United States of America, Canada, or their territories or possessions.
2. All premiums, limits, retentions, Damages and other amounts under this Policy are expressed and payable in the currency of the United States of America. If judgment is rendered, settlement is denominated, or another element of Damages under this Policy is stated in a currency other than United States of America dollars, payment under this Policy shall be made in United States dollars at the applicable rate of exchange as published in The Wall Street Journal as of the date the final judgment is reached, the amount of the settlement is agreed upon, or the other element of Damages is due, respectively or if not published on such date, the next date of publication of The Wall Street Journal. G. Subrogation In the event of any payment under this Policy, the Company shall be subrogated to the extent of such payment to all the rights of recovery of the Insureds. The Insureds shall execute all papers required and shall do everything necessary to secure and preserve such rights, including the execution of such documents necessary to enable the Company effectively to bring suit or otherwise pursue subrogation rights in the name of the Insureds. H. Action Against the Company and Bankruptcy No action shall lie against the Company. No person or organization shall have any right under this Policy to join the Company as a party to any action against any Insured to determine the liability of the Insured nor shall the Company be impleaded by any Insured or its legal representatives.
Bankruptcy or insolvency of any Insured or of the estate of any Insured shall not relieve the Company of its obligations nor deprive the Company of its rights or defenses under this Policy.
I. Authorization
By acceptance of this Policy, the Named Insured agrees to act on behalf of all Insureds with respect to the giving of notice of Claim, the giving or receiving of notice of termination or non renewal, the payment of premiums, the receiving of any premiums that may become due under this Policy, the agreement to and acceptance of endorsements, consenting to any settlement, exercising the right to the Extended Reporting Period, and the giving or receiving of any other notice provided for in this Policy, and all Insureds agree that the Named Insured shall so act on their behalf.
J. Alteration, Assignment and Headings
1. Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this Policy nor prevent the Company from asserting any right under the terms of this Policy. 2. No change in, modification of, or assignment of interest under this Policy shall be effective except when made by a written endorsement to this Policy which is signed by an authorized representative of the Company. 3. The titles and headings to the various parts, sections, subsections and endorsements of the Policy are included solely for ease of reference and do not in any way limit, expand or otherwise affect the provisions of such parts, sections, subsections or endorsements.
K. Interpretation
PF-18874 (02/06) Page 10 of 10
The terms and conditions of this Policy shall be interpreted and construed in an evenhanded fashion as between the parties. If the language of this Policy is deemed to be ambiguous or otherwise unclear, the issue shall be resolved in the manner most consistent with the relevant terms and conditions of this Policy, without regard to the authorship of the language, without any presumption or arbitrary interpretation or construction in favor of either any Insured or the Company and without reference to the reasonable expectations of either the Insured or the Company.
VII. MATERIAL CHANGES IN CONDITIONS
A. Acquisition or Creation of Another Organization
If, during the Policy Period, the Named Insured:
1. acquires voting securities in another organization or creates another organization, which as a result of such acquisition or creation becomes a Subsidiary; or
2. acquires any organization by merger into or consolidation with the Named Insured; then, subject to the terms and conditions of this Policy, such organization shall be covered under this Policy but only with respect to Claims for Wrongful Acts taking place after such acquisition or creation, unless the Company agrees to provide coverage by endorsement for Wrongful Acts taking place prior to such acquisition or creation.
If the total revenue of such acquired organization, as reflected in the then most recent consolidated financial statements of the organization, exceeds 10% of the total revenue of the Named Insured and the Subsidiaries as reflected in the then most recent consolidated financial statements of the Named Insured, the Named Insured, as a condition precedent to coverage with respect to such Insureds, shall, no later than 60 days after the effective date of such acquisition or creation:
a. give written notice of such acquisition or creation to the Company; b. pay any additional premium required by the Company; and c. agree to any additional terms and conditions of this Policy as required by the Company. B. Acquisition of the Named Insured If, during the Policy Period, any of the following events occurs:
1. the acquisition of the Named Insured, or of all or substantially all of its assets, by another entity, or the merger or consolidation of the Named Insured into or with another entity such that the Named Insured is not the surviving entity; or
2. the obtaining by any person, entity or affiliated group of persons or entities of the right to elect, appoint or designate at least 50% of i) the directors of the Named Insured if a Corporation; ii) the management committee members of the Named Insured if a partnership; iii) the management board of the Named Insured if a limited liability company; then coverage under this Policy will continue in full force and effect until termination of this Policy, but only with respect to Claims for Wrongful Acts taking place before such event. Coverage under this Policy will cease as of the effective date of such event with respect to Claims for Wrongful Acts taking place after such event.
C. Termination of a Subsidiary
If before or during the Policy Period an organization ceases to be a Subsidiary, coverage with respect to the Subsidiary and its Insureds shall continue until termination of this Policy. Such coverage continuation shall apply only with respect to Claims for Wrongful Acts taking place prior to the date such organization ceased to be a Subsidiary. ________________________________________ Authorized Representative PF-23296a (07/08) EO Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Named Insured
Two Trumpets Communications, LLC
Endorsement Number
PF23296a0708
Policy Symbol
MLB
Policy Number
MLBCAF145405322-
006
Policy Period
10-05-2023 to 10-05-2024
Effective Date of Endorsement
10-05-2023
Issued By (Name of Insurance Company)
ACE Fire Underwriters Insurance Company
Contingent Bodily Injury, Property Damage (“For” Preamble) with Sub-limit of Liability It is agreed that:
1. Section III, Exclusions, is amended as follows:
a. Subsection B, is amended by deleting the phrase: “alleging, based upon, arising out of, or attributable to” and inserting the word “for”.
b. The following exclusions are added, but solely with respect to coverage afforded by this endorsement:
alleging, based upon, arising out of, or attributable to the ownership, maintenance, operation, use, or loading of any motor vehicle, aircraft or watercraft owned or operated by or loaned to any Insured; for which the Insured or any carrier as his, her or its insurer may be held liable under any workers’ compensation, unemployed compensation or disability benefits law, or similar law; to indemnify or contribute with another employer for Bodily Injury to any employee of the Insured arising out of his or her employment by the Insured. 2. Section VI, Conditions, is amended by adding the following to subsection C, Other Insurance:
It is a condition precedent to any coverage afforded by this endorsement that the Named Insured maintain in full force and effect during the Policy Period Comprehensive General Liability insurance, including Products/Completed Operations and Premises/Operations coverage, covering Bodily Injury and Property Damage in the amount of $1,000,000 aggregate and applying to the Named Insured’s operations.
3. Section V, Limits of Liability And Retention, is amended by adding the following:
Solely with respect to that portion of any Claim attributable to Bodily Injury or Property Damage which is not excluded under Exclusion B (as amended herein) and is otherwise covered under the Policy, the maximum Limit of Liability for all such Claims in the aggregate shall be $50,000 aggregate. This limit is a sublimit which shall be part of and not in addition to the otherwise applicable aggregate Limit of Liability stated in Item 3 of the Declarations, and will in no way serve to increase the Insurer’s maximum liability under the Policy. All other terms and conditions of this Policy remain unchanged.
Chubb Producer Compensation
Practices & Policies
Westchester believes that policyholders should have access to information about Westchester’s practices and policies related to the payment of compensation to brokers and independent agents. You can obtain that information by accessing our website at http://www.chubbproducercompensation.com or by calling the following toll-free telephone number: 1-866-512-2862.
ALL-20887 (10/06)
IL P 001 01 04
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:
Foreign agents;
Front organizations;
Terrorists;
Terrorist organizations; and
Narcotics traffickers;
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.
IL P 001 01 04 © ISO Properties, Inc., 2004 Page 1 of 1 PF-46422 (07/15) Page 1 of 1
TRADE OR ECONOMIC SANCTIONS ENDORSEMENT
Named Insured
Two Trumpets Communications, LLC
Endorsement Number
PF464220715
Policy Symbol
MLB
Policy Number
MLBCAF145405322
-006
Policy Period
10-05-2023 To 10-05-2024
Effective Date of Endorsement
10-05-2023
Issued By (Name of Insurance Company)
ACE Fire Underwriters Insurance Company
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This insurance does not apply to the extent that trade or economic sanctions or similar laws or regulations prohibit us from providing insurance, including, but not limited to, the payment of claims. All other terms and conditions of policy remain unchanged.
Authorized Agent
________________________________________ Authorized Representative PF-19061 (10/05) EO Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Named Insured
Two Trumpets Communications, LLC
Endorsement Number
PF190611005
Policy Symbol
MLB
Policy Number
MLBCAF145405322-
006
Policy Period
10-05-2023
to
10-05-2024Effective Date of Endorsement
10-05-2023
Issued By (Name of Insurance Company)
ACE Fire Underwriters Insurance Company
Spousal Coverage Extension
It is agreed that Section VI, Conditions, is amended by adding the following subsection:
Spouses
The spouses and legally recognized domestic partners of Insureds shall be considered Insureds under this Policy, but coverage is afforded only for a Claim arising solely out of their status as a spouse or domestic partner where the Claim seeks damages from marital community property, jointly held property or property transferred from a natural person Insured to such spouse or legally recognized domestic partner. No coverage is provided for any Wrongful Act actually or allegedly committed by such spouse or legally recognized domestic partner. All of the terms and conditions of this Policy including, without limitation, the Retention applicable to Damages and Claims Expenses incurred by Insureds shown in Item 4 of the Declarations shall also apply to Damages and Claims Expenses incurred by such spouses and legally recognized domestic partners.
All other terms and conditions of this Policy remain unchanged.
Authorized Representative
PF-19236 (12/05) EO Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Named Insured
Two Trumpets Communications, LLC
Endorsement Number
PF192361205
Policy Symbol
MLB
Policy Number
MLBCAF145405322-
006
Policy Period
10-05-2023
to
10-05-2024Effective Date of Endorsement
10-05-2023
Issued By (Name of Insurance Company)
ACE Fire Underwriters Insurance Company
Insured Definition Amended-Leased, Part Time, Seasonal Employees It is agreed that Section II, Definitions, Subsection I, the definition of Insured is amended by adding the following:
Insured also means any leased, part time, or seasonal employees who are natural persons, but only with respect to Professional Services performed on behalf of the Named Insured or a Subsidiary thereof; All other terms and conditions of this Policy remain unchanged. ________________________________________ Authorized Representative PF-19806 (02/06) EO Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Named Insured
Two Trumpets Communications, LLC
Endorsement Number
PF198060206
Policy Symbol
MLB
Policy Number
MLBCAF145405322-
006
Policy Period
10-05-2023
to
10-05-2024Effective Date of Endorsement
10-05-2023
Issued By (Name of Insurance Company)
ACE Fire Underwriters Insurance Company
Additional Insured (Automatic Pursuant to Contract)
It is agreed that:
1. Section II, Definitions, subsection I, the definition of Insured, is amended by adding the following:
Insured also means any client or customer of the Named Insured, but only if a written contract entered into by the Named Insured specifically requires that such client or customer be added as an additional Insured for professional liability or errors and omissions insurance, and only for Claims (i) first made on or after the effective date of this endorsement and (ii) for vicarious or imputed liability of such client or customer which results from Wrongful Acts committed solely by the Named Insured. The Policy will not provide coverage for any Wrongful Act committed by such client or customer referenced above which is added to this Policy as an additional Insured. 2. Section III, Exclusions, is amended by deleting exclusion E, but solely with respect to Claims asserted by such client or customer referenced above for Wrongful Acts actually or allegedly committed by an Insured in the performance of or failure to perform Professional Services. All other terms and conditions of this Policy remain unchanged. ________________________________________ Authorized Representative PF-38981 (01/13) Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Named Insured
Two Trumpets Communications, LLC
Endorsement Number
PF389810113
Policy Symbol
MLB
Policy Number
MLBCAF1454053
22-006
Policy Period
10-05-2023 to 10-05-2024
Effective Date of Endorsement
10-05-2023
Issued By (Name of Insurance Company)
ACE Fire Underwriters Insurance Company
False Claims Act Exclusion
It is agreed that Exclusions section of the Policy is amended by adding the following additional exclusion:
alleging, based upon, arising out of, or attributable to, or directly or indirectly resulting from the False Claims Act (31 U.S.C. §§ 3729-3733), or any similar provision of any federal, state, local or foreign law, or any amendments thereto;
All other terms and conditions of this Policy remain unchanged.
BUSINESSOWNERS
BP 00 03 07 13
BP 00 03 07 13 Page 1 of 53
BUSINESSOWNERS COVERAGE FORM
II
C.
H.
I
F.
II
SECTION I – PROPERTY
A. Coverage
1. Covered Property
a.
b.
2. a.
(1)
(2)
(3)
(a)
(b)
(4)
(5)
(a)
(b)
(c)
(d)
(6)
(a)
(b)
b.
(1)
(2)
E.5.d.(3)(b);
(3)
(a)
(b)
(4)
1.b.(2);
(5)
2. Property Not Covered
a.
b.
(1)
(2)
c.
d.
e.
(1)
(2)
f.
g.
h.
i.
i.
j.
3. Covered Causes Of Loss
I
4. Limitations
a.
(1)
(2)
(3)
(4)
(5)
(a)
BP 00 03 07 13 Page 3 of 53
(b)
(6)
(a)
(b)
(c)
(d)
(e)
b.
(1)
(2)
(a)
(b)
(c)
c.
(1)
(2)
(3)
5. Additional Coverages
a. Debris Removal
(1) (2), (3) (4),
(2)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(3)
(4),
(a)
(b) (3)(a)
(4)
(a)
(b)
(4)(a)
(4)(b)
(5) Examples
Example 1
(3).
Example 2
(3)
(4),
(4).
BP 00 03 07 13 Page 5 of 53
b. Preservation Of Property
(1)
(2)
c. Fire Department Service Charge
(1)
(2)
d. Collapse
d.(1) d.(7).
(1)
(2)
(a)
(b)
(c)
(d)
(i)
(2)(a) (2)(b);
(ii)
(iii)
(iv)
(v)
(3)
not
(a)
(b)
(c)
(4)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(2)(a)
(2)(d),
(5)
not
(a)
(2)(a) (2)(d)
(b)
(c)
(4),
(5)
(6)
(7)
(8)
d.(1) d.(7).
e. Water Damage, Other Liquids, Powder
Or Molten Material Damage
(1)
(2)
f. Business Income
(1) Business Income
(a)
(i)
(ii)
(iii)
BP 00 03 07 13 Page 7 of 53
(b)
(c)
(i)
(ii)
(d)
(i)
i.
ii.
iii.
iv.
v.
(ii)
i.
ii.
iii.
iv.
v.
(2) Extended Business Income
(a)
(i)
(ii)
i.
ii.
(a)(i)
(b)
(3)
(a)
(b)
(4)
I
g. Extra Expense
(1)
(a)
(b)
(c)
(2)
(a)
(i)
(ii)
(b)
(c)
(i)
(ii)
f.
(3)
(a)
(b)
(4)
I
h. Pollutant Clean-up And Removal
BP 00 03 07 13 Page 9 of 53
i. Civil Authority
(1)
(2)
(1)
(2)
I
j. Money Orders And "Counterfeit Money"
(1)
(2)
k. Forgery Or Alteration
(1)
(2)
(3)
(4)
l. Increased Cost Of Construction
(1)
(2)
(3) (9)
(3)
(2)
(4)
(a)
(b)
(5)
(a)
(b)
(6)
I
(7)
(a)
(i)
(ii)
(b)
(c)
(8)
(9)
I
(6)
m. Business Income From Dependent
Properties
(1)
BP 00 03 07 13 Page 11 of 53
(2)
(a)
(b)
(3)
(4)
(a)
(b)
(c)
(d)
(5)
(a)
(b)
(i)
(ii)
(iii)
(iv)
(6)
(a)
(b)
(7)
(6),
(a)
(b)
(8)
n. Glass Expenses
(1)
(2)
o. Fire Extinguisher Systems Recharge
Expense
(1)
(a)
(b)
(2)
(3)
p. Electronic Data
(1)
(2)
(3)
(4)
q. Interruption Of Computer Operations
(1)
BP 00 03 07 13 Page 13 of 53
(2)
(a)
(b)
(c)
(3)
(4)
(3)
(5)
(1) (4)
(6)
(1) (4)
(7)
r. Limited Coverage For "Fungi", Wet Rot
Or Dry Rot
(1)
r.(2) r.(6)
(2)
(a)
(b)
(c)
(3)
(4)
(5)
BP 00 03 07 13 Page 15 of 53
(6)
(a)
(b)
6. Coverage Extensions
I
a. Newly Acquired Or Constructed
Property
(1) Buildings
(a)
(b)
(i)
(ii)
(2) Business Personal Property
(a)
(b)
(3) Period Of Coverage
(a)
(b)
(c)
b. Personal Property Off-premises
c. Outdoor Property
(1)
(2)
(3)
(4)
(5)
d. Personal Effects
(1)
(2)
e. Valuable Papers And Records
(1)
(2)
(a)
(b)
(3)
(4)
(5) B. I
(a) B.1.c.,
(b) B.1.d.,
(c) B.1.f.,
BP 00 03 07 13 Page 17 of 53
(d) B.2.f.,
(e) B.2.g.,
(f) B.2.m.(2),
(g) B.3.
f. Accounts Receivable
(1)
(a)
(b)
(c)
(d)
(2)
(3) B. I
(a) B.1.c.,
(b) B.1.d.,
(c) B.1.f.,
(d) B.2.f.,
(e) B.2.g.,
(f) B.3.;
(g) B.6.,
g. Business Personal Property Temporarily
In Portable Storage Units
(1)
(2) A.4.a.(5)
(3)
(a)
(b)
(4)
(5)
B. Exclusions
1. a. Ordinance Or Law
(1)
(a)
(b)
(2)
(a)
(b)
b. Earth Movement
(1)
(2)
(3)
(4)
(1) (4)
(5)
(a)
(b)
(c)
5(a), (5)(b)
5(c),
(1) (5),
c. Governmental Action
d. Nuclear Hazard
e. Utility Services
(1)
(2)
BP 00 03 07 13 Page 19 of 53
f. War And Military Action
(1)
(2)
(3)
g. Water
(1)
(2)
(3)
(4)
(a)
(b)
(c)
(5)
(1), (3) (4),
(1) (5),
(1)
(5),
h. Certain Computer-related Losses
(1)
(a)
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(b)
(a)
(2)
(1)
(1)
I
(1)(a) (1)(b)
i. "Fungi", Wet Rot Or Dry Rot
(1)
(2)
j. Virus Or Bacteria
(1)
(2) (1)
i.
(3)
(1),
2. a. Electrical Apparatus
(1)
(2)
(1)
(2)
(3)
(4)
(1)
(2)
b. Consequential Losses
c. Smoke, Vapor, Gas
BP 00 03 07 13 Page 21 of 53
d. Steam Apparatus
e. Frozen Plumbing
(1)
(2)
f. Dishonesty
(1)
(2)
g. False Pretense
h. Exposed Property
i. Collapse
(1)
(a)
(b)
(c)
i.(1)(a)
i.(1)(b).
(2) i.
(a)
(b)
(i)
(ii)
(iii)
(iv)
j. Pollution
k. Neglect
l. Other Types Of Loss
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(a)
(b)
(c)
(1) (7)
m. Errors Or Omissions
(1)
(2)
n. Installation, Testing, Repair
o. Electrical Disturbance
I
p. Continuous Or Repeated Seepage Or
Leakage Of Water
3. a. c.
a.
c.
a. Weather Conditions
B.1.
b. Acts Or Decisions
c. Negligent Work
(1)
(2)
(3)
(4)
BP 00 03 07 13 Page 23 of 53
4. Additional Exclusion
Loss Or Damage To Products
5. Business Income And Extra Expense
Exclusions
a.
(1)
(a)
(b)
(2)
b.
(1)
(2)
6. Accounts Receivable Exclusion
a.
b.
c.
C. Limits Of Insurance
1. I
2. 3.
I
a.
b.
c.
d.
e.
f.
4. Building Limit – Automatic Increase
a. C.4.b.,
b.
(1)
(a)
(b)
(2)
b.(1)
Example
5. Business Personal Property Limit –
Seasonal Increase
a. 5.b.,
(1)
(2)
b. 5.a.
(1)
(2)
D. Deductibles
1. I
2. a.
b.
c.
d.
3. a.
b.
c.
d.
e.
E. Property Loss Conditions
1. Abandonment
2. Appraisal
a.
b.
BP 00 03 07 13 Page 25 of 53
3. Duties In The Event Of Loss Or Damage
a.
(1)
(2)
(3)
(4)
I
(5)
(6)
(7)
(8)
(9)
b.
4. Legal Action Against Us
a.
b.
5. Loss Payment
a.
(1)
(2)
(3)
(4)
d.(1)(e)
b.
c.
d. (2)
(7)
(1)
(a)
(i)
I
(ii)
i.
ii.
(iii)
(b)
(i)
(ii)
Example
(c)
(d)
(i)
(ii)
d.(1)(a)
d.(1)(b)
(e)
(2)
(1)
(3)
(a)
(b)
BP 00 03 07 13 Page 27 of 53
(c)
(d)
(e)
(4)
(5)
(a)
(b)
(i)
(ii)
(i)
(c)
(6)
(a)
(b)
(7)
(a)
(i)
(ii)
(b)
(i)
(ii)
(iii)
(iv)
e.
f.
g.
(1)
(2)
h.
6. Recovered Property
I
7. Resumption Of Operations
a.
b.
8. Vacancy
a. Description Of Terms
(1)
(a)
(b)
(a)
(b)
(i)
(ii)
(2)
b. Vacancy Provisions
(1)
(a)
(b)
BP 00 03 07 13 Page 29 of 53
(c)
(d)
(e)
(f)
(2)
(1)(a) (1)(f)
F. Property General Conditions
1. Control Of Property
2. Mortgageholders
a.
b.
c.
d.
(1)
(2)
(3)
e.
(1)
(2)
f.
(1)
(2)
g.
3. No Benefit To Bailee
4. Policy Period, Coverage Territory
I
a.
(1)
(2)
b.
(1)
(2)
(3)
G. Optional Coverages
1. Outdoor Signs
a.
(1)
(2)
b. A.3.,
B., I
(1) B.1.c.,
(2) B.1.d.,
(3) B.1.f.,
c.
(1)
(2)
(3)
(4)
(5)
d.
e.
2. Money And Securities
a.
(1)
(2)
(3)
b.
I
(1)
(2)
(3)
c.
(1)
(a)
(b)
(2)
d.
(1)
(2)
e.
3. Employee Dishonesty
a.
(1)
(2)
(a)
(b)
BP 00 03 07 13 Page 31 of 53
b.
(1)
(2)
a.
(a)
(b)
(3)
(a)
(b)
(4)
c.
d.
(1)
(2)
e.
(1)
(2)
f.
(1)
(2)
g.
h.
(1)
(2)
i. h.
(1)
(2)
j.
G.3.,
(1)
(a)
(b)
(c)
(2)
(a)
(1)
(b)
(3)
(2)
(4)
(5)
(1)
(2)
4. Equipment Breakdown Protection Coverage
a.
(1)
(2)
(3)
(4)
b. A.4.a.(1) A.4.a.(2),
c.
B. Exclusions
(1) B.2.a.,
(2) B.2.d.,
(3) B.2.l.(6),
d.
G.1.c.(5) Outdoor Signs Optional
Coverage
e.
f. 5.f.
5.g.
g.
H.
Property Definitions
1. a.
BP 00 03 07 13 Page 33 of 53
b.
h.
(1)
(2)
H. Property Definitions
1. a.
b.
2. 3.
4. 5.
6. 7.
a.
b.
8. 9.
a.
(1)
(a)
(b)
(2)
(a)
(b)
b.
(1)
(2)
10. 11.
a.
b.
12. a.
(1)
(2)
b.
(1)
(2)
c.
(1)
(2)
c.(1) c.(2)
13. BP 00 03 07 13 Page 35 of 53
14. a.
b.
c.
SECTION II – LIABILITY
A. Coverages
1. Business Liability
a.
(1)
D.
II
(2)
f.
b.
(1)
(a)
(b)
(c)
C.1.
(2)
c.
C.1.
d.
C.1.
(1)
(2)
(3)
e.
f. Coverage Extension – Supplementary
Payments
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(2)
(a)
(b)
(c)
(d)
(e)
(f)
(i)
i.
ii.
iii.
BP 00 03 07 13 Page 37 of 53
iv.
(ii)
i.
ii.
(3)
(2)
B.1.b.(2)
II
(a)
(b)
(2)(f)
2. Medical Expenses
a.
(1)
(2)
(3)
(a)
(b)
(c)
b.
II
(1)
(2)
(3)
B. Exclusions
1. Applicable To Business Liability Coverage
a. Expected Or Intended Injury
b. Contractual Liability
(1)
(2)
(a)
(b)
c. Liquor Liability
(1)
(2)
(3)
(a)
(b)
(1), (2)
(3)
d. Workers' Compensation And Similar
Laws
e. Employer's Liability
(1)
(a)
(b)
(2)
(1)
f. Pollution
(1)
(a)
(i)
(ii)
(iii)
BP 00 03 07 13 Page 39 of 53
(b)
(c)
(i)
(ii)
(d)
(i)
(ii)
(iii)
(e)
(2)
(a)
(b)
g. Aircraft, Auto Or Watercraft
(1)
(2)
(a)
(b)
(3)
(4)
(5)
(a)
(b)
(i)
(ii)
h. Mobile Equipment
(1)
(2)
i. War
(1)
(2)
(3)
j. Professional Services
(1)
(2)
(3)
(4)
(5)
(6)
BP 00 03 07 13 Page 41 of 53
(7)
(8)
(9)
k. Damage To Property
(1)
(2)
(3)
(4)
(5)
(6)
(1), (3) (4)
D.
II
(2)
(3), (4), (5) (6)
(6)
l. Damage To Your Product
m. Damage To Your Work
n. Damage To Impaired Property Or
Property Not Physically Injured
(1)
(2)
o. Recall Of Products, Work Or Impaired
Property
(1)
(2)
(3)
p. Personal And Advertising Injury
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(a)
(b)
(c)
14.a., b. c.
F.
(9)
(10)
(a)
(b)
(11)
(12)
(13)
q. Electronic Data
BP 00 03 07 13 Page 43 of 53
r. Criminal Acts
s. Recording And Distribution Of Material
Or Information In Violation Of Law
(1)
(2)
(3)
(4)
c., d., e., f., g., h., i., k., l., m., n.
o. II
D.
II
2. Applicable To Medical Expenses Coverage
a.
b.
c.
d.
e.
f.
g.
3. Applicable To Both Business Liability
Coverage And Medical Expenses Coverage
– Nuclear Energy Liability Exclusion
a.
(1)
(2)
(a)
(b)
b.
c.
(1)
(a)
(b)
(2)
(3)
(3)
d.
(1)
(2)
(3)
(a)
(b)
(i)
(ii)
(iii)
(c)
(d)
(4)
(5)
(6)
(7)
(8)
(9)
BP 00 03 07 13 Page 45 of 53
(10)
(a)
(b)
(a) (b)
C. Who Is An Insured
1. a.
b.
c.
d.
e.
2. a.
(1)
(a)
(b)
(a)
(c)
(a) (b);
(d)
(2)
(a)
(b)
b.
c.
(1)
(2)
d.
D. Liability And Medical Expenses Limits Of
Insurance
1. II
a.
b.
c.
2. a.
b.
3. 4. Aggregate Limits
a.
b.
(1)
(2)
(3)
a. b.
II
E. Liability And Medical Expenses General
Conditions
1. Bankruptcy
BP 00 03 07 13 Page 47 of 53
2. Duties In The Event Of Occurrence,
Offense, Claim Or Suit
a.
(1)
(2)
(3)
b.
(1)
(2)
c.
(1)
(2)
(3)
(4)
d.
3. Legal Action Against Us
a.
b.
4. Separation Of Insureds
II
a.
b.
F. Liability And Medical Expenses Definitions
1. a.
b.
2. a.
b.
3. 4.
a.
b.
a.
c.
(1)
a.
(2)
a.
(3)
a.
5. 6.
7. 8.
a.
b.
(1)
(2)
9. a.
b.
c.
d.
e.
f.
f.
(1)
(2)
(a)
(b)
(3)
(2)
10. BP 00 03 07 13 Page 49 of 53
11. a.
b.
c.
12. a.
b.
c.
d.
(1)
(2)
e. a., b.,
c. d.
(1)
(2)
f. a., b.,
c. d.
(1)
(a)
(b)
(c)
(2)
(3)
13. 14.
a.
b.
c.
d.
e.
f.
g.
15. 16.
a.
(1)
(2)
(a)
(b)
(c)
b.
(1)
(2)
17. a.
b.
18. a.
b.
19. 20.
21. a.
(1)
(a)
(b)
BP 00 03 07 13 Page 51 of 53
(c)
(2)
b.
(1)
(2)
c.
22. a.
(1)
(2)
b.
(1)
(2)
SECTION III – COMMON POLICY CONDITIONS
(APPLICABLE TO SECTION I – PROPERTY AND
SECTION II – LIABILITY)
A. Cancellation
1. 2.
a.
(1)
(a)
(b)
(2)
(a)
(b)
(3)
(a)
(b)
(c)
(4)
(5)
(a)
(b)
b.
c.
3. 4.
5.
6. B. Changes
C. Concealment, Misrepresentation Or Fraud
1. 2.
3. 4.
D. Examination Of Your Books And Records
E. Inspections And Surveys
1. a.
b.
c.
2. a.
b.
3. 1. 2.
4. 2.
F. Insurance Under Two Or More Coverages
G. Liberalization
H. Other Insurance
1. I
2. a.
b.
3. I. Premiums
1. a.
b.
2. BP 00 03 07 13 Page 53 of 53
3. a.
b.
2. 4.
J. Premium Audit
1. 2.
3. K. Transfer Of Rights Of Recovery Against Others
To Us
1. a.
b.
(1)
(2)
(a)
(b)
(3)
2. L. Transfer Of Your Rights And Duties Under This
Policy
BUSINESSOWNERS
BP 00 09 01 97
BP 00 09 01 97 Page 1 of 3
BUSINESSOWNERS COMMON POLICY CONDITIONS
A. Cancellation
1. 2.
a.
(1)
(a)
(b)
(2)
(a)
(b)
(3)
(a)
(b)
(c)
(4)
(5)
(a)
(b)
b.
c.
3. 4.
5. 6.
B. Changes
C. Concealment, Misrepresentation Or Fraud
1. 2.
3. 4.
D. Examination Of Your Books And Records
E. Inspections And Surveys
1. 2.
3. 1.
2. F. Insurance Under Two Or More Coverages
G. Liberalization
H. Other Insurance
1. 2.
3. I. Premiums
1. a.
b.
2. 3.
a.
BP 00 09 01 97 Page 3 of 3
b.
2. 4.
J. Premium Audit
1. 2.
3. K. Transfer Of Rights Of Recovery Against
Others To Us
1. a.
b.
(1)
(2)
(a)
(b)
(3)
2. L. Transfer Of Your Rights And Duties Under
This Policy
BUSINESSOWNERS
BP 01 55 05 17
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BP 01 55 05 17 © Insurance Services Office, Inc., 2016 Page 1 of 5
CALIFORNIA CHANGES
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM
INFORMATION SECURITY PROTECTION ENDORSEMENT
A. Section I – Property is amended as follows:
1. With respect to an "open policy", the following
is added to any provision which uses the term
actual cash value:
a. In the event of a total loss to a building or
structure, actual cash value is calculated as
the Limit of Insurance applicable to that
building or structure or the fair market value
of the building or structure, whichever is
less.
b. In the event of a partial loss to a building or
structure, actual cash value is calculated as
b.(1) or b.(2), whichever is less:
(1) The amount it would cost to repair,
rebuild or replace the property less a fair
and reasonable deduction for physical
depreciation of the components of the
building or structure that are normally
subject to repair or replacement during
its useful life. Physical depreciation is
based upon the condition of the property
at the time of loss;
(2) The Limit of Insurance applicable to the
property.
c. In the event of a partial or total loss to
Covered Property other than a building or
structure, actual cash value is calculated as
c.(1) or c.(2), whichever is less:
(1) The amount it would cost to repair or
replace the property less a fair and
reasonable deduction for physical
depreciation, based on the condition of
the property at the time of loss;
(2) The Limit of Insurance applicable to the
property.
d. An "open policy" is a policy under which the
value of Covered Property is not fixed at
policy inception, but is determined at the
time of loss in accordance with policy
provisions on valuation.
2. Paragraph E.2. Appraisal Property Loss
Conditions is replaced by the following:
2. Appraisal
If we and you disagree on the value of the
property or the amount of loss, either may
make written request for an appraisal of the
loss. If the request is accepted, each party
will select a competent and impartial
appraiser. Each party shall notify the other
of the appraiser selected within 20 days of
the request. The two appraisers will select
an umpire. If they cannot agree within 15
days, either may request that selection be
made by a judge of a court having
jurisdiction. The appraisers will state
separately the value of the property and
amount of loss. If they fail to agree, they will
submit their differences to the umpire. A
decision agreed to by any two will be
binding. Each party will:
a. Pay its chosen appraiser; and
b. Bear the other expenses of the
appraisal and umpire equally.
If there is an appraisal, we will still retain
our right to deny the claim.
3. Paragraph E.5.d.(1)(c) of the Loss Payment
Property Loss Conditions is deleted.
4. Paragraphs E.5.d.(1)(d) and E.5.d.(5) of the
Loss Payment Property Loss Conditions are
replaced as follows:
(d) We will not pay on a replacement
cost basis for any loss or damage
until the lost or damaged property is
actually repaired or replaced. Prior to
such repair or replacement, we will
pay the actual cash value of the lost
or damaged property as described in
Paragraph A.1. of this Endorsement.
If the actual cash value does not
exhaust the applicable Limit of
Insurance, we will then pay the
difference between the actual cash
value and the replacement cost,
provided that the repair or
replacement is completed:
(i) Within 12 months after we pay
the actual cash value; or
(ii) Within 24 months after we pay
the actual cash value if the loss
or damage relates to a state of
emergency as described in
Section 8558 of the Government
Code;
unless we extend the time period for
good cause.
Nothing in this Paragraph (d)
constitutes a waiver of our right to
deny the claim for any valid reason
or to restrict payment in cases of
suspected fraud.
(5) Tenants' improvements and betterments
at:
(a) Replacement cost in accordance
with the terms set forth in Paragraph
(d) above.
(b) A proportion of your original cost if
the property is not repaired or
replaced. We will determine the
proportionate value as follows:
(i) Multiply the original cost by the
number of days from the loss or
damage to the expiration of the
lease; and
(ii) Divide the amount determined in
(i) above by the number of days
from the installation of
improvements to the expiration of
the lease.
If your lease contains a renewal
option, the expiration of the renewal
option period will replace the
expiration of the lease in this
procedure.
(c) Nothing if others pay for repairs or
replacement.
B. Section III – Common Policy Conditions is
amended as follows:
1. Paragraphs A.2. and A.3. Cancellation are
replaced by the following:
2. All Policies In Effect For 60 Days Or
Less
If this Policy has been in effect for 60 days
or less, and is not a renewal of a policy we
have previously issued, we may cancel this
Policy by mailing or delivering to the first
Named Insured at the mailing address
shown in the Policy and to the producer of
record, advance written notice of
cancellation, stating the reason for
cancellation, at least:
a. 10 days before the effective date of
cancellation if we cancel for:
(1) Nonpayment of premium; or
(2) Discovery of fraud by:
(a) Any insured or his or her
representative in obtaining this
insurance; or
(b) You or your representative in
pursuing a claim under this
Policy.
b. 30 days before the effective date of
cancellation if we cancel for any other
reason.
3. All Policies In Effect For More Than 60
Days
a. If this Policy has been in effect for more
than 60 days, or is a renewal of a policy
we issued, we may cancel this Policy
only upon the occurrence, after the
effective date of the Policy, of one or
more of the following:
(1) Nonpayment of premium, including
payment due on a prior policy we
issued and due during the current
policy term covering the same risks.
BP 01 55 05 17 © Insurance Services Office, Inc., 2016 Page 3 of 5 (2) Discovery of fraud or material
misrepresentation by:
(a) Any insured or his or her
representative in obtaining this
insurance; or
(b) You or your representative in
pursuing a claim under this
Policy.
(3) A judgment by a court or an
administrative tribunal that you have
violated a California or federal law,
having as one of its necessary
elements an act which materially
increases any of the risks insured
against.
(4) Discovery of willful or grossly
negligent acts or omissions, or of
any violations of state laws or
regulations establishing safety
standards, by you or your
representative, which materially
increase any of the risks insured
against.
(5) Failure by you or your representative
to implement reasonable loss control
requirements, agreed to by you as a
condition of policy issuance, or which
were conditions precedent to our use
of a particular rate or rating plan, if
that failure materially increases any
of the risks insured against.
(6) A determination by the
Commissioner of Insurance that the:
(a) Loss of, or changes in, our
reinsurance covering all or part of
the risk would threaten our
financial integrity or solvency; or
(b) Continuation of the policy
coverage would:
(i) Place us in violation of
California law or the laws of
the state where we are
domiciled; or
(ii) Threaten our solvency.
(7) A change by you or your
representative in the activities or
property of the commercial or
industrial enterprise, which results in
a materially added, increased or
changed risk, unless the added,
increased or changed risk is included
in the Policy.
b. We will mail or deliver advance written
notice of cancellation, stating the reason
for cancellation, to the first Named
Insured, at the mailing address shown in
the Policy, and to the producer of
record, at least:
(1) 10 days before the effective date of
cancellation if we cancel for
nonpayment of premium or discovery
of fraud; or
(2) 30 days before the effective date of
cancellation if we cancel for any
other reason listed in Paragraph 3.a.
2. The following provision is added to Paragraph
A. Cancellation:
7. Residential Property
This provision applies to coverage on real
property which is used predominantly for
residential purposes and consisting of not
more than four dwelling units, and to
coverage on tenants' household personal
property in a residential unit. If such
coverage has been in effect for 60 days or
less and is not a renewal of coverage we
previously issued, we may cancel this
coverage for any reason, except that we
may not cancel this Policy solely because:
a. Corrosive soil conditions exist on the
premises; or
b. The first Named Insured has:
(1) Accepted an offer of earthquake
coverage; or
(2) Cancelled or did not renew a policy
issued by the California Earthquake
Authority (CEA) that included an
earthquake policy premium
surcharge.
However, we shall cancel this Policy if
the first Named Insured has accepted a
new or renewal policy issued by the
CEA that includes an earthquake policy
premium surcharge but fails to pay the
earthquake policy premium surcharge
authorized by the CEA.
3. Paragraph C. Concealment,
Misrepresentation Or Fraud is replaced by
the following with respect to loss or damage
caused by fire:
We do not provide coverage to the insured
who, whether before or after a loss, has
committed fraud or intentionally concealed or
misrepresented any material fact or
circumstance concerning:
a. This Policy;
b. The Covered Property;
c. That insured's interest in the Covered
Property; or
d. A claim under this Policy.
4. Paragraph C. Concealment,
Misrepresentation Or Fraud is replaced by
the following with respect to loss or damage
caused by a Covered Cause of Loss other than
fire:
This Policy is void if any insured, whether
before or after a loss, has committed fraud or
intentionally concealed or misrepresented any
material fact or circumstance concerning:
a. This Policy;
b. The Covered Property;
c. An insured's interest in the Covered
Property; or
d. A claim under this Policy.
5. Paragraph H.1. Other Insurance is replaced
by the following (with respect to coverage
provided under Section I – Property):
If there is other insurance covering the same
loss or damage, we will pay our share of the
covered loss or damage. Our share is the
proportion that the applicable Limit of
Insurance bears to the Limits of Insurance of
all insurance covering on the same basis.
We will not pay more than the applicable Limit
of Insurance of Section I – Property.
6. The following paragraph is added and
supersedes any provisions to the contrary:
M. Nonrenewal
1. Subject to the provisions of Paragraphs
2. and 3. below, if we elect not to renew
this Policy, we will mail or deliver written
notice stating the reason for nonrenewal
to the first Named Insured shown in the
Declarations and to the producer of
record, at least 60 days, but not more
than 120 days, before the expiration or
anniversary date.
We will mail or deliver our notice to the
first Named Insured, and to the producer
of record, at the mailing address shown
in the Policy.
2. Residential Property
This provision applies to coverage on
real property used predominantly for
residential purposes and consisting of
not more than four dwelling units, and to
coverage on tenants' household
property contained in a residential unit.
We may elect not to renew such
coverage for any reason, except that we
will not refuse to renew such coverage
solely because:
a. The first Named Insured has
accepted an offer of earthquake
coverage.
However, the following applies only
to insurers who are associate
participating insurers as established
by Cal. Ins. Code Section 10089.16.
We may elect not to renew such
coverage after the first Named
Insured has accepted an offer of
earthquake coverage, if one or more
of the following reasons applies:
(1) The nonrenewal is based on
sound underwriting principles that
relate to the coverages provided
by this Policy and that are
consistent with the approved
rating plan and related
documents filed with the
Department of Insurance as
required by existing law;
(2) The Commissioner of Insurance
finds that the exposure to
potential losses will threaten our
solvency or place us in a
hazardous condition. A
hazardous condition includes, but
is not limited to, a condition in
which we make claims payments
for losses resulting from an
earthquake that occurred within
the preceding two years and that
required a reduction in
policyholder surplus of at least
25% for payment of those claims;
or
(3) We have:
(a) Lost or experienced a
substantial reduction in the
availability or scope of
reinsurance coverage; or
BP 01 55 05 17 © Insurance Services Office, Inc., 2016 Page 5 of 5 (b) Experienced a substantial
increase in the premium
charged for reinsurance
coverage of our residential
property insurance policies;
and
the Commissioner has approved
a plan for the nonrenewals that is
fair and equitable, and that is
responsive to the changes in our
reinsurance position.
b. The first Named Insured has
cancelled or did not renew a policy,
issued by the California Earthquake
Authority that included an
earthquake policy premium
surcharge.
c. Corrosive soil conditions exist on the
premises.
3. We are not required to send notice of
nonrenewal in the following situations:
a. If the transfer or renewal of a policy,
without any changes in terms,
conditions or rates, is between us
and a member of our insurance
group.
b. If the Policy has been extended for
90 days or less, provided that notice
has been given in accordance with
Paragraph 1.
c. If you have obtained replacement
coverage, or if the first Named
Insured has agreed, in writing, within
60 days of the termination of the
Policy, to obtain that coverage.
d. If the Policy is for a period of no
more than 60 days and you are
notified at the time of issuance that it
will not be renewed.
e. If the first Named Insured requests a
change in the terms or conditions or
risks covered by the Policy within 60
days of the end of the policy period.
f. If we have made a written offer to the
first Named Insured, in accordance
with the timeframes shown in
Paragraph 1., to renew the Policy
under changed terms or conditions
or at an increased premium rate,
when the increase exceeds 25%.
C. The following changes apply only to Information
Security Protection Endorsement BP 15 07 if it is
attached to this Policy:
1. Paragraph (2) of Insuring Agreement d.
Security Breach Liability is replaced by the
following:
(2) We will pay for "defense expenses" as a
result of a "claim" in the form of a
"regulatory proceeding" first made
against the insured during the "policy
period" or during the applicable
Extended Reporting Period, in response
to a "wrongful act" or a series of
"interrelated wrongful acts" covered
under Paragraph d.(1).
2. Paragraph d. of the definition of "loss" in
Paragraph V. is replaced by the following:
d. With respect to Insuring Agreements d.
Security Breach Liability and g. Web Site
Publishing Liability:
Compensatory damages, settlement
amounts and costs awarded pursuant to
judgments or settlements.
"Loss" does not include:
(1) Civil or criminal fines or penalties
imposed by law;
(2) Punitive or exemplary damages;
(3) The multiplied portion of multiplied
damages;
(4) Taxes;
(5) Royalties;
(6) The amount of any disgorged profits; or
(7) Matters that are uninsurable pursuant to
law.
BUSINESSOWNERS
BP 04 02 07 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BP 04 02 07 13 Page 1 of 1
ADDITIONAL INSURED – MANAGERS OR LESSORS
OF PREMISES
SCHEDULE
Designation Of Premises (Part Leased To You):
Name Of Person(s) Or Organization(s) (Additional Insured):
Additional Premium: $
Section II – Liability
A. C. Who Is An
Insured:
3. a.
b.
B.
1. 2.
C.
D. Liability And Medical Expenses
Limits Of Insurance:
1. 2.
BUSINESSOWNERS
BP 04 04 01 10
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BP 04 04 01 10 Page 1 of 2
HIRED AUTO AND NON-OWNED AUTO LIABILITY
SCHEDULE
Coverage Additional Premium
A. Hired Auto Liability $
B. Non-owned Auto Liability $
A.
1. Hired Auto Liability
A.1.
Business Liability Section II – Liability
2. Non-owned Auto Liability
A.1.
Business Liability Section II – Liability
B.
1. B.1. Applicable To Business Liability Coverage
Section II – Liability, a.,
b., d., f. i. Nuclear Energy Liability Exclusion,
a.
(1)
(a)
(b)
(2)
(1)
(1)
(2)
(1)
(2)
b.
(1)
(2)
2. C. Who Is An Insured Section II
– Liability
1. a.
b.
c.
(1)
(2)
d.
a., b.
c.
2. a.
b.
c.
d.
e.
C.
H. Other Insurance Section III – Common Policy Conditions D.
1. 2.
3. BUSINESSOWNERS
BP 04 17 01 10
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BP 04 17 01 10 Page 1 of 1
EMPLOYMENT-RELATED PRACTICES EXCLUSION
B.1.
Exclusions – Applicable To Business Liability
Coverage Section II Liability:
(1)
(a)
(b)
(c)
(2)
(a), (b) (c)
(1)
(a), (b) (c)
(2)
(3)
BUSINESSOWNERS
BP 04 19 07 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BP 04 19 07 13 Page 1 of 1
AMENDMENT – LIQUOR LIABILITY EXCLUSION –
EXCEPTION FOR SCHEDULED PREMISES OR ACTIVITIES
SCHEDULE
Description Of Premises Or Activities:
1.c. B. Exclusions Section II –
Liability
c. Liquor Liability
(1)
(2)
(3)
(a)
(b)
(1), (2)
(3)
(a)
(b)
(i)
(ii)
(c)
(d)
(a)
(b)
BUSINESSOWNERS
BP 04 30 07 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BP 04 30 07 13 Page 1 of 2
PROTECTIVE SAFEGUARDS
SCHEDULE
Premises
Number
Building
Number
Protective Safeguards
Symbols Applicable Description Of "P-9" If Applicable
A. Property General
Conditions Section I – Property:
Protective Safeguards
1. 2.
a. "P-1" Automatic Sprinkler System,
(1)
(a)
(b)
(c)
(d)
(2)
(a)
(b)
b. "P-2" Automatic Fire Alarm,
(1)
(2)
c. "P-3" Security Service,
d. "P-4" Service Contract,
e. P-5" Automatic Commercial Cooking
Exhaust And Extinguishing System,
(1)
(2)
(3)
(4)
f. "P-9",
B. B.
Exclusions Section I – Property:
1. 2.
BUSINESSOWNERS
BP 04 48 07 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BP 04 48 07 13 Page 1 of 1
ADDITIONAL INSURED – DESIGNATED PERSON
OR ORGANIZATION
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
Section II – Liability
A. C. Who Is An
Insured:
3. a.
b.
B.
D. Liability And Medical Expenses
Limits Of Insurance:
1. 2.
BUSINESSOWNERS
BP 14 86 07 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BP 14 86 07 13 © Insurance Services Office, Inc., 2012 Page 1 of 1
COMMUNICABLE DISEASE EXCLUSION
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM
The following exclusion is added to Paragraph B.
Exclusions in Section II – Liability:
Communicable Disease
This insurance does not apply to "bodily injury",
"property damage" or "personal and advertising
injury" arising out of the actual or alleged
transmission of a communicable disease.
This exclusion applies even if the claims against
any insured allege negligence or other wrongdoing
in the:
a. Supervising, hiring, employing, training or
monitoring of others that may be infected
with and spread a communicable disease;
b. Testing for a communicable disease;
c. Failure to prevent the spread of the
disease; or
d. Failure to report the disease to authorities.
BUSINESSOWNERS
BP 14 88 07 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BP 14 88 07 13 Page 1 of 1
PRIMARY AND NONCONTRIBUTORY –
OTHER INSURANCE CONDITION
H. Other
Insurance Section III – Common Policy
Conditions
Primary And Noncontributory Insurance
1. 2.
EXCLUSION FOR BLEACHER COLLAPSE
Named Insured
Two Trumpets Communications, LLC
Endorsement Number
BOP432450614
Policy Symbol
MLB
Policy Number
MLBCAF145405322-
006
Policy Period
10-05-2023 to
10-05-2024Effective Date of Endorsement
10-05-2023
Issued By (Name of Insurance Company)
ACE Fire Underwriters Insurance Company
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the
following: BUSINESSOWNERS COVERAGE FORM
SECTION II – LIABILITY, B. Exclusions, 1. Applicable To Business Liability Coverage, is amended to add the following exclusion:
This insurance does not apply to “bodily injury”, “property damage”, “personal and advertising injury”, medical expenses or supplementary payments caused by or arising out of the collapse of any bleacher, grandstand, benches, boxes or other seating structures, whether or not such collapse is a partial or total collapse.
All other terms and conditions of this policy remain unchanged. ___________________________________________ Authorized Representative BOP-43245 (06/14) Page 1 of 1
ABSOLUTE ASBESTOS EXCLUSION
Named Insured
Two Trumpets Communications, LLC
Endorsement Number
BOP432620614
Policy Symbol
MLB
Policy Number
MLBCAF145405322-
006
Policy Period
10-05-2023 to
10-05-2024Effective Date of Endorsement
10-05-2023
Issued By (Name of Insurance Company)
ACE Fire Underwriters Insurance Company
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the
following: BUSINESSOWNERS COVERAGE FORM
SECTION II – LIABILITY, B. Exclusions, 1. Applicable To Business Liability Coverage, is amended to add the following exclusion:
This insurance does not apply to any loss, demand, claim or “suit” arising out of or in any way related in any way to asbestos or asbestos containing materials.
All other terms and conditions of this policy remain unchanged. ___________________________________________ Authorized Representative BOP-43262 (06/14) Page 1 of 1
E
to
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM
SECTION II LIABILITY, B. Exclusions, 1. Applicable To Business Liability Coverage e. e.
(1)
(a)
(b)
(2)
LEAD, SILICA AND ORGANIC PATHOGEN EXCLUSION
Named Insured
Two Trumpets Communications, LLC
Endorsement Number
BOP432640614
Policy Symbol
MLB
Policy Number
MLBCAF145405322-
006
Policy Period
10-05-2023 to
10-05-2024Effective Date of Endorsement
10-05-2023
Issued By (Name of Insurance Company)
ACE Fire Underwriters Insurance Company
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the
following: BUSINESSOWNERS COVERAGE FORM
SECTION II – LIABILITY, B. Exclusions, 1. Applicable To Business Liability Coverage, is amended to add the following exclusions:
This insurance does not apply to any:
1. injury, damage expense, cost, loss, liability or legal obligation arising out of or in any way related to the toxic properties of lead or lead-containing products, materials or substances. This exclusion applies to all forms of lead, including but not limited to solid, liquid, vapor and fumes.
2. “bodily injury”, “property damage” or “personal and advertising injury” arising out of, resulting from, or in any way related to, in whole or in part, the respiration, inspiration, inhalation or breathing in of dust or particulate matter. Dust or particulate matter may include, but is not limited to: dust, particulate matter, inspirable dust, respirable dust, smoke, mist, dirt, fibers, grit, soot, salt, acids, bases, metals, aerosols, crystals, minerals, sand, silicates, or silica.
3. “bodily injury” “property damage”, or “personal and advertising injury arising out of or in any way related to the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of any “organic pathogen”, regardless of whether any other cause, event, material or product contributed concurrently or in any sequence to “bodily injury”, “property damage” or “personal and advertising injury”.
However, this exclusion does not apply to “bodily injury” arising out of the consumption of food products intended for human consumption.
For the purposes of this endorsement, “organic pathogen” means any organic irritant or contaminant, including but not limited to fungus, mold, mildew, mycotoxins, spores, or scents or by-products produced or released by “organic pathogens”.
The addition of this endorsement does not imply that other policy provisions, including but not limited to any pollution exclusion or asbestos exclusion, do not also exclude coverage “bodily injury”, “property damage” or personal and advertising injury”.
All other terms and conditions of this policy remain unchanged._______________________________________ Authorized Representative BOP-43264 (06/14) Page 1 of 1
BUSINESSOWNERS
BP 05 23 01 15
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BP 05 23 01 15 © Insurance Services Office, Inc., 2015 Page 1 of 1
CAP ON LOSSES FROM CERTIFIED
ACTS OF TERRORISM
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM
The following provisions are added to the
Businessowners Policy and apply to Property and
Liability Coverages:
A. CAP ON CERTIFIED TERRORISM LOSSES
"Certified act of terrorism" means an act that is
certified by the Secretary of the Treasury, in
accordance with the provisions of the federal
Terrorism Risk Insurance Act, to be an act of
terrorism pursuant to such Act. The criteria
contained in the Terrorism Risk Insurance Act for
a "certified act of terrorism" include the following:
1. The act resulted in insured losses in excess of
$5 million in the aggregate, attributable to all
types of insurance subject to the Terrorism
Risk Insurance Act; and
2. The act is a violent act or an act that is
dangerous to human life, property or
infrastructure and is 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.
If aggregate insured losses attributable to terrorist
acts certified under the Terrorism Risk Insurance
Act exceed $100 billion in a calendar year and we
have met our insurer deductible under the
Terrorism Risk Insurance Act, we shall not be
liable for the payment of any portion of the amount
of such losses that exceeds $100 billion, and in
such case insured losses up to that amount are
subject to pro rata allocation in accordance with
procedures established by the Secretary of the
Treasury.
B.
The terms and limitations of any terrorism
exclusion, or the inapplicability or omission of a
terrorism exclusion, do not serve to create
coverage for loss or injury or damage that is
otherwise excluded under this Policy.
CC-1K11k (04/22)
SIGNATURES
Named Insured
Two Trumpets Communications, LLC
Endorsement Number
Cc1k11k0422
Policy Symbol
MLB
Policy Number
MLBCAF145405322-006
Policy Period
10-05-2023 to 10-05-2024
Effective Date of Endorsement
10-05-2023
Issued By (Name of Insurance Company)
ACE Fire Underwriters Insurance Company
THE ONLY COMPANY APPLICABLE TO THIS POLICY IS THE COMPANY NAMED ON THE FIRST PAGE OF THE DECLARATIONS.
By signing and delivering the policy to you, we state that it is a valid contract.
INDEMNITY INSURANCE COMPANY OF NORTH AMERICA (A stock company) BANKERS STANDARD INSURANCE COMPANY (A stock company)
ACE AMERICAN INSURANCE COMPANY (A stock company)
ACE PROPERTY AND CASUALTY INSURANCE COMPANY (A stock company) INSURANCE COMPANY OF NORTH AMERICA (A stock company)
PACIFIC EMPLOYERS INSURANCE COMPANY (A stock company)
ACE FIRE UNDERWRITERS INSURANCE COMPANY (A stock company) WESTCHESTER FIRE INSURANCE COMPANY (A stock company)
436 Walnut Street, P.O. Box 1000, Philadelphia, Pennsylvania 19106-3703 BRANDON PEENE, Secretary JOHN J. LUPICA, President _________________________________ Authorized Representative
TR-45231a (08/20)
Policyholder
POLICYHOLDER DISCLOSURE
NOTICE OF TERRORISM
INSURANCE COVERAGE
Coverage for acts of terrorism is included in your policy. You are hereby notified that under the Terrorism Risk Insurance Act, as amended, the definition of act of terrorism has changed. As defined in Section 102(1) of the Act: The term “act of terrorism” means any act or acts that are 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 certain air carriers or vessels 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. Under your coverage, any losses resulting from certified acts of terrorism may be partially reimbursed by the United States Government under a formula established by the Terrorism Risk Insurance Act, as amended. 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 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 exceeds $100 billion in any one calendar year. If the aggregate insured losses for all insurers exceed $100 billion, your coverage may be reduced.
The portion of your term premium that is attributable to coverage for acts of terrorism is ____$0___ and does not include any charges for the portion of losses covered by the United States government under the Act.
ALL-21101 (11-06) Ptd. In U.S.A. Page 1 of 1
TRADE OR ECONOMIC SANCTIONS ENDORSEMENT
Named Insured
Two Trumpets Communications, LLC
Endorsement Number
ALL211011106
Policy Symbol
MLB
Policy Number
MLBCAF145405322-
006
Policy Period
10-05-2023 to
10-05-2024Effective Date of Endorsement
10-05-2023
Issued By (Name of Insurance Company)
ACE Fire Underwriters Insurance Company
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This insurance does not apply to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance, but not limited to, the payment of claims. All other terms and conditions of policy remain unchanged.
Authorized Agent
ATTACHMENT B
Amendment No. 1
CITY OF CARPINTERIA
FIRST AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES
This First Amendment to the Agreement for Consultant Services dated May 13, 2024 is made and effective as of the 27th day of May, 2025 by and between the City of Carpinteria, , and Two Trumpets Communications, LLC This First
Amendment authorizes continued service Public Outreach Services by hereby modifying Section add the agreement expiration date of June 30, 2029 to the original agreement.
The Agreement between City and Consultant currently provides under Section 4 (Compensation), the the City exercises its option to increase the agreement cost for additional services in the amount of $342,000.00 for a total amended agreement of $427,500.00.
Program Manager, replacing Olivia Uribe Mutal, who is no longer with the City of Carpinteria.
Except as otherwise specifically provided herein, all other provisions of the Original Agreement, as modified by other amendments, shall remain in full force and effect Authority to Execute this First Amendment
The person executing this First Amendment on behalf of Consultant warrants and represents that he/she has the authority to execute this First Amendment on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties have executed this First Amendment at the place and as of the date first written above.
CITY CONSULTANT
City of Carpinteria Two Trumpets Communications, LLP
By: By:
Michael Ramirez, City Manager Lea Boyd, Partner
By: _______________________
Peter Dugré, Partner
APPROVED AS TO FORM: ATTEST: _________________________________ _________________________________ Jena S. Acos, on behalf of Brownstein Brian C. Barrett, CMC, CPMC Hyatt Farber Schreck, LLP City Clerk
Acting as City Attorney of the
City of Carpinteria
EXHIBIT A
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
ITEM FOR COUNCIL CONSIDERATION
Amendment No. 2 to the Maintenance Agreement with Showscapes, Inc. (dba Treescapes) for a One-Year Term Extension and Associated Costs to Provide Landscape Maintenance Services
STAFF RECOMMENDATION
Authorize the City Manager to execute Amendment No. 2 to the Maintenance Agreement with Showscapes Inc. (dba Treescapes) for a one-year term extension to provide landscape maintenance services in an amount not-to-exceed $267,600 for a total amended agreement amount of $1,229,010.
Sample Motion: I move to authorize the City Manager to execute Amendment No. 2 to the Maintenance Agreement with Showscapes Inc. (dba Treescapes) for a one-year term extension to provide landscape maintenance services in an amount not-to-exceed $267,600 for a total amended agreement amount of $1,229,010.
(The motion requires a roll call vote.)
BACKGROUND
On April 12, 2021, the City Council authorized the City Manager to execute a three-year Maintenance Agreement with Showscapes, Inc. (dba Treescapes) for landscape maintenance services. Pursuant to the Maintenance Agreement, landscape maintenance includes the grounds of City bike paths/trails, facilities, parks/open spaces, parking lots, and right-of-way (parkways and medians, not including street trees).
The Maintenance Agreement sets term limits at an initial three years with two one-year term extensions if mutually agreed upon in writing for a possible contract total term of five years.
On April 1, 2024, the Maintenance Agreement finished its third year of the three-year term.
On April 22, 2024, the City Council authorized the City Manager to execute Amendment No.1 with Showscapes for a one-year term extension to provide landscape maintenance services in an amount not-to-exceed $267,600 for a total amended agreement amount of $961,410.
The purpose of this agenda item is to authorize the City Manager to execute Amendment No. 2 to the Maintenance Agreement with Showscapes for a one-year term extension to Agenda Section: Administrative Matters
Agenda Item No.: 10
Council Meeting Date: May 27, 2025
Amendment No. 2 to Maintenance Agreement with Showscapes, Inc. (dba Treescapes) May 27, 2025
provide landscape maintenance services in an amount not-to-exceed $267,600 for a total amended agreement amount of $1,229,010.
DISCUSSION
Since the original agreement, the City has acquired three additional landscaped assets:
Carpinteria Skate Park
Coastal Vista Trail (Interim Linden Ave to Holly Ave Spur) Via Real Right-of-Way (northbound Hwy 101 on-/off-ramps at Casitas Pass Rd, per the Caltrans Freeway Maintenance Agreement)
These assets were added to the scope of work through Amendment No. 1 and are included in the ongoing maintenance activities. Amendment No. 2 (Attachment A) reflects these assets and continues the scope of work with no increase in cost from the prior year. The Original Agreement and Amendment No. 1 is provided in Attachment B. reports, site visits, and ongoing
observations and finds their services satisfactory. Staff recommends continuing the services for the final contract year.
Upon expiration of this final extension, the City will be required to either issue a formal request for proposals (RFP) or consider transitioning services in-house.
POLICY CONSISTENCY
This recommendation is consistent with the following goals and policies from the General Plan and Local Coastal Land Use Plan:
Circulation Element
Objective C-2: Maintain and enhance scenic routes and natural views along roadways.
Open Space, Recreation & Conservation Element
Objective OSC-1: Protect and enhance natural resources and habitats.
Objective OSC-14: Ensure adequate park and recreation facilities for residents and visitors.
Objective OSCPublic Facilities & Services Element
Objective PF-5: Provide high-quality public services and facilities.
Policy PF-5e: Improve and extend services within available funding.
Policy PF-5f: Prioritize existing needs before expanding services.
Policy PF-5h: Coordinate joint use and efficient service delivery with other agencies.
FINANCIAL CONSIDERATIONS
No additional funding is requested for Fiscal Year 2024 2025, as sufficient appropriations are available in the current budget. An appropriation of $245,000 will be proposed in the Amendment No. 2 to Maintenance Agreement with Showscapes, Inc. (dba Treescapes) May 27, 2025
Fiscal Year 2025 2026 Budget to cover the remaining cost associated with the one-year extension.
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The recommendation is consistent with Carpinteria Municipal Code Chapter 3.32 (Purchasing System).
OPTIONS
1. Authorize the City Manager to execute Amendment No. 2 to the Maintenance Agreement with Showscapes, Inc. (dba Treescapes) for a one-year term extension to provide landscape maintenance services in an amount not-to-exceed $267,600 for a total amended agreement amount of $1,229,010. (Staff recommendation)
2. Decline to approve recommendations and direct staff as determined appropriate.
PRINCIPAL PARTIES EXPECTED AT MEETING
There are no principal parties expected at the meeting.
ATTACHMENTS
Attachment A: Amendment No. 2 to Maintenance Agreement
Attachment B: Original Agreement and Amendment No. 1
Staff contact:
Stephon Downes, Management Analyst
(805) 755-4446; [email protected] Signature
Reviewed by:
John L. Ilasin, Public Works Director
(805) 880-3402; [email protected] Signature
Reviewed by:
Licette Maldonado, Administrative Services Director
(805) 755-4448; [email protected] Signature
Reviewed by:
Ryan Kintz, Assistant City Manager
(805) 755-4400; [email protected] Signature
Reviewed by:
Michael Ramirez, City Manager ___________________________ (805) 755-4450; [email protected] Signature
ATTACHMENT A
Amendment No. 2 to Maintenance Agreement
ATACHMENT B
Original Agreement and Amendment No. 1
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
ITEM FOR COUNCIL CONSIDERATION
Resolution No. 6398, concerning the continuation of Street Lighting District No. 1 for Fiscal Year 2025-26.
STAFF RECOMMENDATION
Adopt Resolution No. 6398, concerning the continuation of Street Lighting District No. 1 for Fiscal Year 2025-26.
Sample Motion: I move to adopt Resolution No. 6398, as read by title only.
BACKGROUND/DISCUSSION
The Street Lighting District No. 1 (District) is legally an independent special district that is governed by the City of Carpinteria. In 1977, the District was established to finance street lighting costs and continues to date. Due to the fact that this District was formed before Proposition 13 and is a property taxing district, the District is entitled to a very small share (less than 1-percent) of the basic one percent property tax rate. Assessments are used for both operations and maintenance of the street lighting system. Once a sufficient balance is accumulated, the assessments are also used to finance capital projects such as new or replacement street lights.
On March 24, 2025, the City Council adopted Resolution No. 6375, ordering a report on the status and projections for the District for Fiscal Year 2025-26. On April 28, 2025, the City Council adopted Resolution Nos. 6388 and 6389, as provided in Attachment A, accepting the Report of the City Engineer and setting the matter for a public hearing on May 27, 2025.
The purpose of this agenda item is to open the public hearing; receive any testimony and/or protests concerning the continuation of the District; close the public hearing; and adopt Resolution No. 6398, as provided in Attachment B, concerning the continuation of the District for Fiscal Year 2025-26.
POLICY CONSISTENCY
Agenda Section: Public Hearing
Agenda Item No.: 11
Council Meeting Date: May 27, 2025
Continuation of Street Lighting District No. 1 for Fiscal Year 2025-26 May 27, 2025
The recommendation can be found consistent with policies of the Local Coastal Plan, as described below:
Community Design Element Objective CD-8: To encourage and facilitate pedestrian and bicycle pathways.
FINANCIAL CONSIDERATIONS
The ending fund balance as of June 30, 2024, was $541,062. Revenues, expenditures and net transfers from/to other funds for Fiscal Year 2024-25 are projected to be $247,250, $235,050, and $0, respectively, leaving an estimated fund balance of $553,262, as of June 30, 2025.
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
A notice of this hearing was published on May 15, 2025, in the Coastal View News, posted at City Hall, and mailed to the required mailing list of agencies and interested persons.
OPTIONS
1. Adopt Resolution No. 6398, concerning the continuation of the Street Lighting District No. 1 for Fiscal Year 2025-26. (Staff Recommendation).
2. The City Council could choose not to continue the Street Lighting District No. 1; however, the City cannot legally collect the assessments.
PRINCIPAL PARTIES EXPECTED AT MEETING
There are no principal parties expected at the meeting.
ATTACHMENTS
Attachment A: Resolution Nos. 6388 and 6389
Attachment B: Resolution No. 6389
Staff contact:
Stephon Downes, Management Analyst
(805) 755-4446; [email protected] Signature
Reviewed by:
John L. Ilasin, Public Works Director
(805) 880-3402; [email protected] Signature
Continuation of Street Lighting District No. 1 for Fiscal Year 2025-26 May 27, 2025
Reviewed by:
Licette Maldonado, Administrative Services Director
(805) 755-4448; [email protected] Signature
Reviewed by:
Ryan Kintz, Assistant City Manager
(805) 755-4450; [email protected] Signature
Reviewed by:
Michael Ramirez, City Manager
(805) 755-4400; [email protected] Signature
ATTACHMENT A
Resolution Nos. 6388 and 6389
ATTACHMENT B
Resolution No. 6398
RESOLUTION NO. 6398
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARPINTERIA
CONFIRMING THE REPORT OF THE CITY MANAGER AND CITY ENGINEER,
CONFIRMING THE PLANS, ESTIMATE, DIAGRAM AND ASSESSMENT
CONTAINED IN THE REPORT;
CONFIRMING THAT NO PROTESTS OR OBJECTIONS WERE FILED
IN THE PROCEEDINGS UNDER RESOLUTION OF INTENTION NO. 6375
LEVYING THE AD VALOREM TAX FOR SERVICE NECESSARY AS SHOWN ON DIAGRAM AND PLAN NO. LP-1977-2002-G,
FOR THE PERIOD
BEGINNING JULY 1, 2025 AND ENDING JUNE 30, 2026;
ORDERING THE CITY CLERK TO TRANSMIT DIAGRAM AND ASSESSMENT TO THE COUNTY TAX COLLECTOR; AND
EMPOWERING TAX COLLECTOR TO MAKE COLLECTIONS (FY 2025-26) CARPINTERIA STREET LIGHTING ASSESSMENT DISTRICT NO. 1
WHEREAS, the City Manager of the City of Carpinteria heretofore filed with this City Council a report in writing dated April 28, 2025, presenting certain matters relating to the continuation of Street Lighting District No. 1, which report was approved by the City Council on April 28, 2025 by Resolution No. 6388; and
WHEREAS, by Resolution No. 6389, adopted April 28, 2025, this City Council declared its intention to order the furnishing of electric energy, servicing and maintenance of the street lights in the City of Carpinteria, under and pursuant to the provisions of the Street Lighting Act of 1919, Part 1 of Division 14 of the Streets and Highways Code of the State of California; and
WHEREAS, by said Resolution No. 6389, adopted April 28, 2025, this City Council designated Tuesday, May 27, 2025 at the hour of 5:30 P.M. in the City Hall Council Chambers, at 5775 Carpinteria Avenue, Carpinteria, California, as the time and place for the hearing of protests and objections in relation to said improvement and assessment, and notices of said hearing were duly posted and published, and affidavits of said posting and publication have been duly filed; and
WHEREAS, at the time and place fixed in Resolution No. 6389, a hearing was duly held by this City Council at which no protests or objections were presented, and this City Council gave all persons present an opportunity to be heard in respect of any matter relating to the work or assessment proposed in said Resolution of Intention; and WHEREAS, this City Council has taken evidence relating to whether public convenience and necessity require said work or improvement and also evidence relating to said proposed work, the boundaries of the proposed assessment district and the Resolution No. 6398
benefits to the property to be included in the proposed assessment district, and is fully informed in the premises.
NOW, THEREFORE, BE IT RESOLVED as follows:
SECTION 1. That no protests or objections having been filed, the said City Council does hereby approve, confirm and adopt the said Report of the City Manager and City Engineer and the plans, estimate, diagram and assessment contained in said Report and attached as Exhibit 1.
SECTION 2. That each and all documents, resolutions and instruments hereinbefore referred to in connection with the aforesaid proceedings are on file in the office of the City Clerk of the City of Carpinteria and are open to public inspection, and the same and each and all of them are expressly made a part hereof.
SECTION 3. That the City Council does hereby order the continued levying of the ad valorem tax for the furnishing of electric energy, servicing and maintenance of the street lights in the City of Carpinteria; does hereby fix and establish the period of time over which the proposed improvement shall extend as a period of one year, beginning July 1, 2025, and ending June 30, 2026, of said improvement upon the respective several subdivisions of land in the assessment district described and referred to in said Resolution of Intention; and does hereby levy for the fiscal year, July 1, 2025 to June 30, 2026, in the total amount permitted pursuant to Article XIII of the California State Constitution.
SECTION 4. That the City Clerk is hereby ordered to transmit, or cause to be transmitted, to the County Auditor of Santa Barbara County a certified copy of this Resolution and the said diagram and assessment upon which such levy is based; and the Santa Barbara County Tax Collector is hereby designated, requested, empowered, authorized, instructed and directed to make collection of all assessments as ordered by the City Council in said Assessment District, and to perform the acts and duties as are required by law of and to be performed by the officer, employee or person so designated.
The City Clerk is hereby ordered to transmit, or cause to be transmitted, to the State Board of Equalization a certified copy of this Resolution.
PASSED, APPROVED AND ADOPTED on May 27, 2025 by the following vote:
AYES: COUNCILMEMBER(S):
NOES: COUNCILMEMBER(S):
ABSENT: COUNCILMEMBER(S):
ABSTAIN: COUNCILMEMBER(S):
Resolution No. 6398
________________________
Mayor, City of Carpinteria
ATTEST:
____________________________ Brian C. Barrett, CMC, CPMC City Clerk, City of Carpinteria
I hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Carpinteria held on May 27, 2025. ____________________________
Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria
APPROVED AS TO FORM: _______________________________ Jena Shoaf Acos, on behalf of Brownstein Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria
Exhibit 1 to Resolution No. 6398
Carpinteria Street Lighting District No. 1
Report of the City Engineer Relative
To the Continuation of Carpinteria
Street Lighting District No. 1
Dated April 28, 2025
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
ITEM FOR COUNCIL CONSIDERATION
Resolution No. 6399, concerning the continuation of Lighting, Landscaping and Right-ofWay Improvement District No. 3 for Fiscal Year 2025-26.
STAFF RECOMMENDATION
Adopt Resolution No. 6399, concerning the continuation of Lighting, Landscaping and Right-of-Way Improvement District No. 3 for Fiscal Year 2025-26.
Sample Motion: I move to adopt Resolution No. 6399, as read by title only.
BACKGROUND/DISCUSSION
The Lighting, Landscaping and Right-of-Way Improvement District No. 3 (District) was formed in 1985. The District provides for funding of the maintenance of rights-of-way including curbs, gutters, sidewalks, and trees. The District may also make assessments for street lighting, but such assessments are not made since the overlapping Street Lighting District No.1 provides for funding that is sufficient to meet current street lighting needs.
On March 24, 2025, the City Council adopted Resolution No. 6376, ordering a report on the status and projections for the District for Fiscal Year 2025-26. On April 28, 2025, the City Council adopted Resolution Nos. 6390 and 6391, as provided in Attachment A, accepting the Report of the City Engineer and setting the matter for a public hearing on May 27, 2025.
The is primarily derived from a fixed dollar assessment on the properties, as provided in Attachment B,
subject to inflationary pressures. The District is currently operating in a funding deficit. In 1991, assessment revenues covered approximately 71-percent of District expenses.
Currently, assessment revenues cover approximately 66-percent. Ongoing maintenance costs that are associated with the District will continue to exceed District revenues. The General Fund currently subsidizes this deficit.
Agenda Section: Public Hearing
Agenda Item No.: 12
Council Meeting Date: May 27, 2025
Continuation of Lighting, Landscaping and Right-of-Way Improvement District No. 3 for Fiscal Year 2025-26 May 27, 2025