HomeMy WebLinkAboutAGMT - Basham, Jim (Director of Community Development)AMENDMENT NO. 2 TO THE EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF SEAL BEACH AND JIM BASHAM
That employment agreement dated June 24, 2013, as amended ( "Agreement "), is hereby amended as of
February 15, 2017 to read as follows:
SECTION 4.11 is hereby amended in Its entirety to read as follows:
"B. Cost of Living Salary Increases. Effective with the first pay period afterJuly 1 each year,
Employee may receive annual Cost of Living salary increases applicable to Executive Management
employees, as approved by the City Council, based on the change in the California Consumer Price Index
for Urban Wage Earners and Clerical Workers as calculated by the California Department of Industrial
Relations for Los Angeles- Riverside Orange County for the immediately preceding April -April period, not
to exceed three percent (3 %) in any fiscal year."
2. Section S.A.1O is hereby ADDED to read as follows:
11. Medical Maintenance Examination /Wellness Program. The City shall reimburse
Employee, as a medical benefit, for Employee's actual documented expenses for medical maintenance
exams or the cost of participation in wellness programs, in an amount not to exceed $850 per fiscal year.
Reimbursable expenses shall include, but not be limited to, actual out of pocket expenses for annual
physical examinations or other medical tests or examinations, participation in weight loss, stop smoking,
fitness or other similar programs, or membership in a health or fitness club. All reimbursements shall be
subject to the review and approval of the City Manager."
3. Section S.E.2 is hereby amended to read as follows (text added is underlined):
"2. Sick leave accrual balance will be paid to Employee upon termination at 25% of his /her
base rate of pay in cash and. if Employee is not Eligible for Retiree Health Benefits as provided in this
Agreement and the City's Personnel Rules, an additional 25% of the accrual balance shall be deposited
by the City into a Retiree Health Savings Account to be established for the benefit of the Employee."
4. Section S.G.6 is hereby amended to read as follows:
"6. Not more than once in each fiscal year, Employee may, upon written request, receive cash
compensation for up to 88120 hours of accrued vacation time
e All - within -that 45eal-year subject to the City's normal accrual and "cash
out" policies and procedures."
S. Section 9.0 is hereby amended in its entirety to read as follows:
"C. Employee- Initiated Termination. Employee may terminate this Agreement by providing City 30
days advance written notice. The City Manager may, in his or her sole discretion, waive all or part of this
advance notice period."
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6. Except as specifically amended herein, all other remaining provisions of the Agreement shall
remain in full force and effect.
Executed by the parties to be effective as of the date set forth above.
City of Seal Beach Employee ,
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ATTEST: n^
Robin L. Roberts, MIMIC, City Clerk
2040837
A.
i f Basham
APPROVED AS TO R
Craig A. Steele, City Attorney
AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
L
Jim Basham
211- 8th Street
Seal Beach, CA 90740
This Amendment No. 1, dated August 11, 2014, amends that certain Employment
Agreement ( "Agreement') dated June 24, 2013 between the City of Seal Beach, a
California charter city ( "City ") and Jim Basham, an individual ( "Employee ").
it
a
RECITALS
A. City and Employee are parties to the Agreement, pursuant to which
Employee serves as Community Development Director for City.
B. City and Employee wish to amend the Agreement as provided herein.
AMENDMENT
NOW, THEREFORE and in consideration of the foregoing and of the mutual
covenants and promises herein set forth, the parties agree to amend the Agreement as
follows:
Section 1. Section 9, Paragraph C of the Agreement is hereby amended to
read as follows:
"C. Employee Initiated Termination. Employee may terminate this
Agreement by providing City 30 days' prior written notice."
Section 2. All other terms and provisions of the Agreement shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1
to be executed and attested:
CITY OF SEAL BEACH EMPL Y E
1 ^
By: _ iLg, jq4jM By: V \
it R. Ingram, City Mon ger Jim Basham
Attest:
By:
4a inDevine, ity Clerk
0
to
L. Flov4er, City Attorney
2
EMPLOYMENT AGREEMENT
Between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
Jim Basham
211- 8th Street
Seal Beach, CA 90740
This Agreement is made as of June 24, 2013, by and between the City of Seal
Beach, a California charter city ( "City "), and Jim Basham, an individual.
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RECITALS
A. The City of Seal Beach ( "City ") hired Jim Basham ( "Employee ") to be
City's Director of Community Development on December 3, 2012.
B. Employee represents that he is still qualified to perform the duties of
Community Development Director for City.
C. Employee's terms of employment have previously been established by
City's Terms and Conditions of Employment for Executive /Mid - Management
Employees.
D. City and Employee wish to enter into an Employment Agreement that sets
forth the rights and obligations of both parties and remove Employee from coverage
under City's Terms and Conditions of Employment for Executive /Mid- Management
Employees.
NOW, THEREFORE, for and in consideration of the mutual covenants and
conditions herein contained, City and Employee agree as follows:
1. TERM. The effective date of this Agreement is July 1, 2013. This
Agreement shall be effective throughout the tenure of the Employee.
2. DUTIES AND AUTHORITY. Employee shall exercise the powers and
perform the duties of the position of Director of Community Development as set forth in
the City Charter, City Municipal Code, personnel rules, regulations and procedures and
Director of Community Development job description. Employee shall exercise such
other powers and perform such other duties as the City Manager may assign.
3. EMPLOYEE'S OBLIGATIONS. Employee shall devote his full energies,
interests, abilities and productive time to the performance of this Agreement, and utilize
his best efforts to promote City's interests. Employee shall not engage in any activity,
consulting service or enterprise, for compensation or otherwise, which is actually or
potentially in conflict with or inimical to, or which materially interferes, with his duties and
responsibilities to City.
4. COMPENSATION AND REIMBURSEMENT FOR EXPENSES.
A. Gross Monthly Base Salary. City shall pay Employee for the
performance of his duties under this Agreement a gross monthly base salary of Thirteen
Thousand Two Hundred Eighty -Two Dollars and Four Cents ($13,282.04). The City
Manager may consider a merit adjustment after conducting a performance evaluation in
accordance with the evaluation process pursuant to Section 6 of this Agreement.
Employee's salary shall be subject to withholding and other applicable taxes, and shall
be payable to Employee at the same time as other employees of City are paid.
Employee shall be exempt from the overtime pay provisions of California and federal
law.
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B. Cost of Living Salary Increases. Salary increases are as follows:
1. First pay period on or following July 1 2014 - CPI adjustment,
up to 3% maximum, as measured utilizing the change in the California Consumer Price
Index for Urban Wage Earners and Clerical Workers as calculated by the Department of
Industrial Relations for Los Angeles - Riverside - Orange County for the 12 months of
April 1, 2013— March 31, 2014.
2. First pay period on or following July 1, 2015 - CPI adjustment,
up to 3% maximum, as measured utilizing the change in the California Consumer Price
Index for Urban Wage Earners and Clerical Workers as calculated by the Department of
Industrial Relations for Los Angeles - Riverside - Orange County for the 12 months of
April 1, 2014 — March 31, 2015.
C. Expenses. City shall reimburse Employee for actual and
necessary expenses incurred in the performance of his official duties that are supported
by expense receipts in accordance with AB 1234 and any applicable City ordinances,
resolutions, rules, policies or procedures.
5. BENEFITS.
A. Health Insurance Coverage.
1. City shall provide Employee a group hospital, medical and
dental insurance plan.
2. City shall contribute to the cost of medical coverage for
Employee and his dependents, an amount not to exceed the California Public
Employees' Medical and Hospital Care Act (PEMHCA) minimum contribution.
3. City has implemented a full flex cafeteria plan for employees.
If Employee opts to participate in City's full flex cafeteria plan, he shall receive a
monthly flex dollar allowance to be used for the purchase of benefits under the full flex
cafeteria plan. The monthly flex dollar allowance shall be:
For Employee
$705.10 /month
For Employee
and 1 dependent
$1,089.60 /month
For Employee
and 2 or more dependents
$1,409.06 /month
4. A portion of the monthly flex dollar allowance is identified as
City's contribution towards PEMHCA. Thus, for example, in calendar year 2013, a
single employee's monthly flex dollar allowance is $705.10; of that amount, $115 has
been designated by City as its required PEMHCA contribution to CalPERS. The
monthly flex dollar allowance may only be used in accordance with the terms of the full
flex cafeteria plan.
5. Effective January 1, 2014, and every January 1st during the
term of this Agreement, City shall increase the contribution amounts above by the
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percentage of increase for basic plans published in the CalPERS circular letter setting
health insurance premiums for the coverage year.
6. Employee is required to pay any premium amount in excess
of the above City contribution. Such amount will be deducted from his payroll check on
the first two pay periods for each month.
7. The minimum employer contribution for participating in the
PEMHCA will be adjusted annually to reflect any change in the medical care component
of the Consumer Price Index.
8. If Employee meets the waiver criteria and elects to waive
enrollment in City's full flex cafeteria plan, he is eligible to receive $310 per month (upon
showing proof of health insurance coverage under an alternative plan). Election forms
are available in the Personnel Office.
9. City shall not contribute a flex dollar amount for Employee
during any month he is on leave of absence without pay or is absent from regular duties
without authorization, for a full calendar month. City shall contribute to the cafeteria
plan for Employee if Employee is receiving temporary payments from Workers'
Compensation Insurance.
B. Life Insurance Program.
Employee shall receive a $50,000 life insurance policy paid by City.
C. Income Continuation Program.
1. Employee shall receive an income continuation policy to
provide for income continuation of 66.67% of his monthly salary, up to a maximum of
$5,000 per month, whichever is lesser.
2. Said income continuation shall commence on the 31 st day of
sickness or other bona fide absence or upon expiration of sick leave, whichever occurs
later, and continuing thereafter while Employee is absent from work for a period of up to
age 65.
D. Retiree Health Insurance.
1. Employee shall have the option upon retirement, to continue
participating in City's health insurance program at his expense.
2. In the event Employee retires from City, he shall be eligible
to receive a City contribution not to exceed the PEMHCA minimum employer
contribution towards health coverage under CalPERS, as determined by CalPERS from
time to time.
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3. In the event Employee resides in an area where the health
plans provided by City are not in effect, he shall be entitled to receive in cash each
month an amount equal to the monthly contribution City would otherwise have
contributed toward his health insurance premiums.
E. Sick Leave.
1. Employee shall accrue sick leave at the rate of one day
(eight hours) per month. The maximum accumulation of sick leave hours shall be 520
hours.
2. Upon termination of employment, sick leave accumulated
balance will be paid to Employee at 25% of his base rate of pay.
3. Employee shall not accrue sick leave hours during
authorized leaves of absence without pay.
F. Leaves of Absence.
1. Leave of Absence Without Pay.
a. Upon the approval of the City Manager, Employee
may be granted a leave of absence without pay in cases of an emergency or where
such absence would not be contrary to the best interest of City, for a period not to
exceed 180 working days.
b. Upon written request of Employee, the City Council
may grant a leave of absence, with or without pay, for a period not to exceed one year.
C. At the expiration of the approved leave of absence,
after notice to return to duty, Employee shall be reinstated to the position he held at the
time leave was granted. Failure on the part of Employee to report promptly at such
leave's expiration and receipt of notice to return to duty shall be cause for discharge.
d. During any leave of absence without pay, Employee
shall not be eligible to accumulate or receive benefits, except as otherwise specifically
provided in City policy, except Employee shall receive his monthly flex dollar allowance
and City shall contribute to Employee's disability insurance plan, and life insurance plan
for the first 30 days of leave of absence without pay.
2. Bereavement Leave.
City shall provide Employee with 40 hours paid bereavement
leave in case of a death in the Employee's immediate family. The bereavement leave
shall not be chargeable to or accumulated as sick time or leave time. "Immediate
family" is defined as spouse, registered domestic partner, father, mother, son, daughter,
brother, sister, grandparent, grandchild, step- mother, step- father, step - child, mother -in-
law, father -in -law, domestic partner -in -law or dependent relative living with Employee.
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3. Military Leave of Absence.
a. Military leave shall be granted in accordance with the
provisions of State law. Employee shall give the City Manager an opportunity within the
limits of military regulations to determine when such leave shall be taken. If possible,
Employee shall notify the Department Head of such leave request ten working days in
advance of the beginning of the leave.
b. In addition to the provisions of State law, City shall
continue to provide Employee on military leave, the monthly flex dollar allowance under
the cafeteria plan and disability and life insurance and retirement (if applicable) for the
first three months of military leave. During said period, Employee shall be required to
pay to City the amount that exceeds the monthly flex dollar allowance (if applicable).
After the first three months of military leave, Employee may continue said benefits at his
cost.
4. Family Leave. Upon a demonstration of need and subject
to the following conditions, Employee may take leave or unpaid leave to care for his
newborn infant, whether through parentage or adoption, or to care for a seriously ill or
injured member of Employee's "immediate family" as defined in sub - section 55.2.
a. Proof of the birth or adoption of a newborn infant or
the serious illness /injury of the family member must be submitted to City.
b. Requests for family leave must be submitted in writing
to the City Manager at the earliest possible date preceding the time when the leave is to
begin.
C. Operational needs of City shall be relevant in
determinations regarding the granting of family leave in accordance with the provisions
of State and Federal Family Leave laws.
d. In the event of an extended family leave, Employee
may be required to periodically report on the status of the situation giving rise to the
leave.
e. Family leave may be granted only upon the approval
of the City Manager consistent with the provisions of State and Federal Family Leave
laws.
G. Vacation.
1. Employee shall accrue vacation leave as follows: After one
year's continuous service as a full time employee: 120 hours. Employee shall accrue
eight additional hours of vacation leave for each year of full -time continuous service
each year after his first year.
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2.
of 320 hours of vacation.
Manager.
Employee shall only be allowed to accumulate a maximum
This maximum can only be exceeded with approval of the City
3. Vacation shall not accrue during any period Employee is on
leave of absence without pay.
4. Employee is encouraged to use at least the amount of
vacation hours earned each fiscal year.
5. City will not approve vacation leave time prior to it having
been earned, unless prior, special arrangements have been made with the City
Manager. Employee shall not take any vacation leave unless the City Manager has
provided prior written approval. The City Manager may consider workload and other
staffing considerations, such as but not limited to, the previously approved vacation
schedule of other employees, sick leave and position vacancies.
6. After Employee has completed at least one year of
continuous service, Employee, not more than once in each fiscal year may, upon
request, receive compensation for up to 80 hours of accrued vacation time provided that
Employee has taken at least 50 hours of vacation time off within that fiscal year.
Employee may, upon request, receive compensation for up to 120 hours of accrued
vacation time provided that Employee has taken at least 80 hours of accrued vacation
time off within that fiscal year.
H. Holidays.
1. City shall grant Employee the following holidays with pay:
Holiday
Date
New Year's Day
January 1st
Martin Luther King Day
3rd Monday in January
Presidents' Day
3rd Monday in February
Memorial Day
Last Monday in May
Independence Day
July 4th
Labor Day
First Monday in September
Veteran's Day
November 11th
Thanksgiving Day
Fourth Thursday in November
Calendar day following Thanksgiving Da
Christmas Eve
December 24th
Christmas Day
December 25th
`Floating Holiday
discretion of employee)
Total of 12 holidays annually
'Floating Holiday must be taken during each fiscal year (July 1st through June 30th) and may not be carried
forward beyond the term of this Agreement.
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2. Holiday Closures. The City Manager may designate up to
five specific work days in each calendar year between Christmas Day and New Year's
Day during which all employees, including Employee, may be required to take time off,
charged to leave without pay, Employee's accumulated compensatory time, vacation,
floating holidays, or a combination thereof, as determined by Employee. The days must
be consecutive for Employee. If Employee does not have sufficient accumulated time
off in his account to cover the required time off, he may request, and will be granted,
sufficient advance on his vacation accrual to cover the uncovered balance. This
advance will be recovered with the next vacation accruals earned by Employee. Time
off of work under this provision shall not be deemed a layoff.
Retirement System.
1. The retirement program provided by City shall consist of a
pooled Public Employees' Retirement System (PERS) plan which includes the following
provisions:
Section 20042 - One Year Final Compensation
Section 20965 - Credit of Unused Sick Leave
Section 21024 - Military Service Credit
2. Retirement Plan. Employee is required to participate in
City's California Public Employees' Retirement System (CaIPERS) retirement program
and to make an employee contribution toward the program in the amount of 7% of his
compensation earnable. City will pay, on behalf of Employee, a portion of the required
employee contribution to CaIPERS, as follows. City shall pay the following amounts
toward the Employee's CaIPERS required contribution of 7% of his compensation
earnable:
W
3% (Employee pays 4 %).
no
I% (Employee pays 6 %).
C.
nothing (Employee pays 7 %).
Effective first pay period on or following July 1, 2013:
Effective first pay period on or following July 1, 2014:
Effective first pay period on or following July 1, 2015:
3. City shall include Employee in CaIPERS Section 21354 - 2%
@ 55 for miscellaneous members.
J. Seniority Bonus.
Employee shall receive a 5% increase in base salary effective on the tenth anniversary
of his uninterrupted employment with City.
In
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K. Mobile Phone Allowance.
Employee shall receive a monthly mobile phone allowance of $75 in accordance with
City Policy 200 -19.
L. Administrative Leave.
Employee shall receive 48 hours of administrative leave each fiscal year.
Administrative leave days may not be carried forward to succeeding years nor may they
be turned in for cash value.
M. Deferred Compensation.
City shall contribute the equivalent to 3.5% of base salary per payroll period into a
deferred compensation program for Employee.
N. Catastrophic Leave.
Employee may participate in City's Catastrophic Leave Pool Program subject to the
following conditions:
1. Catastrophic Leave will be available only to Employee if
Employee has exhausted his own paid leave through bona fide serious illness or
accident.
2. Employee cannot receive catastrophic leave at the same
time he receives Long -Term Disability payments.
3. Employee must have 40 hours of paid leave available after
making a donation to the pool.
4. Sick Leave cannot be used for this program.
5. In order to donate, Employee must sign an authorization,
including specifying the specific employee to be the recipient of the donation.
6. Donations will be subject to applicable tax laws.
7. The availability of Catastrophic Leave shall not delay or
prevent City from taking action to medically separate or disability retire Employee.
8. Catastrophic Leave due to illness or injury of an immediate
family member may require medical justification as evidenced by a Physician's
Statement that the presence of the Employee is necessary.
9. Catastrophic Leave due to the illness or injury of the
Employee will require medical justification as evidenced by a Physician's Statement as
to Employee's condition.
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10. Employee must maintain the confidentiality of a donation.
6. ANNUAL EVALUATIONS AND SALARY REVIEW. On or before every
June 30th, the City Manager may conduct an evaluation of Employee's performance.
During that evaluation, the City Manager and Employee shall mutually establish
performance goals and objectives to be met by Employee during the following year. In
addition, the City Manager shall review Employee's salary and benefits as part of the
evaluation process and may do so at any other time.
7. INDEMNIFICATION. Except as otherwise permitted, provided, limited or
required by law, including without limitation California Government Code Sections 825,
995, and 995.2 through 995.8, City will defend and pay any costs and judgments
assessed against Employee arising out of an act or omission by Employee occurring in
the course and scope of Employee's performance of his duties under this Agreement.
8. OTHER TERMS AND CONDITIONS OF EMPLOYMENT. The City
Manager may from time to time fix other terms and conditions of employment relating to
the performance of Employee provided such terms and conditions are not inconsistent
with or in conflict with the provision of this Agreement or other applicable law.
9. TERMINATION.
A. Termination by City without Cause. Employee is employed at the
pleasure of the City Manager, and is thus an at -will employee. The City Manager may
terminate this Agreement and the employment relationship at any time without cause.
Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of City
to terminate the employment of Employee. City shall pay Employee for all services
through the effective date of termination. In addition, Employee shall receive severance
to the extent provided in Section 10 and shall receive no other compensation or
payment.
B. Termination by City with Cause. City may terminate this
Agreement and Employee's employment with City if:
1. Employee refuses or fails to perform the powers and duties
of Employee as specified in Sections 2 and 3 of this Agreement, the City Charter or
Municipal Code;
2. Employee has engaged in: corrupt or willful misconduct in
office, any illegal act involving personal gain or willful malfeasance constituting grounds
for removal from office due to an indictment of the grand jury; any act of dishonesty;
actions that have or may have a substantial and adverse effect on City's interest; or is
convicted of any felony or any misdemeanor involving moral turpitude. In no event shall
a minor traffic offense or moving violation be considered a misdemeanor involving moral
turpitude. In the event Employee is under investigation for any of the foregoing
reasons, City may withhold part or all of any severance payment, until it is determined if
charges will be filed, and if charges are filed, until final judgment is rendered. If charges
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57296 - 0317A15370030. doe
are not filed, or if Employee is found innocent, City shall pay any severance to which
Employee is entitled; or
3. Employee breaches this Agreement, including, without
limitation, any provision set forth in Section 2, "Duties and Authority," of this Agreement.
C. Employee Initiated Termination. Employee may terminate this
Agreement by providing City 90 days' prior written notice.
10. SEVERANCE.
A. If City terminates this Agreement (thereby terminating Employee's
employment with City) without cause pursuant to Section 9.A, City shall:
1. Pay employee all vacation benefits earned, and
2. Pay Employee an amount equal to four times his then -
monthly base salary; and
B. Notwithstanding any other provision or the term of this Agreement,
the maximum severance and health benefits that Employee may receive under this
Agreement as a result of termination, shall not exceed the limitations provided in
Government Code Sections 53260- 53264.
C. Notwithstanding the foregoing, in the event Employee is convicted
of a crime involving an abuse of office or position, Employee shall reimburse City for
any paid leave or cash settlement (including separation benefits or severance, if
applicable), to the extent and as provided by Government Code Sections 53243-
53243.4.
11. INTEGRATION OF AGREEMENT. This Agreement contains the entire
agreement between the parties and supersedes all prior oral and written agreements,
understandings, commitments, and practices between the parties concerning
Employee's employment. Each party to this Agreement acknowledges that no
representations, inducements, promises or agreements, oral or written, have been
made by any party, or anyone acting on behalf of any party, which is not embodied
herein, and that no other agreement, statement, or promise not contained in this
Agreement shall be valid or binding on either party.
12. METHOD OF AMENDMENT. Amendments to this Agreement are
effective only upon City Council and Employee written approval.
13. NOTICES. All notices pertaining to this Agreement shall be sent to:
EMPLOYEE: Jim Basham
City of Seal Beach
211 - 8th Street
Seal Beach, California 90740
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57296- 0317A1537003v6.doc
CITY: City Clerk
City of Seal Beach
211 - 8th Street
Seal Beach, California 90740
Such notice shall be deemed made when personally delivered, transmitted by
facsimile, or when mailed, 48 hours after deposit in the U.S. Mail, first class postage
prepaid and addressed to the party at its applicable address. Actual notice shall be
deemed adequate notice on the date actual notice occurred, regardless of the method
of service.
14. GENERAL PROVISIONS.
A. If any provision of this Agreement is held invalid or unenforceable,
the remainder of this Agreement shall nevertheless remain in full force and effect. If any
provision is held invalid or unenforceable with respect to particular circumstances, it
shall nevertheless remain in full force and effect in all other circumstances.
B. This Agreement shall be interpreted and construed pursuant to and
in accordance with the City Charter, applicable laws of the State of California and all
applicable City codes, ordinances and resolutions.
Executed by the parties as of the date below at Seal Beach, California.
City of Seal Beach
By: Y1
City Manag
Date: r3
ATTEST:
/cX11A Ljai Al
City Clerk
APPROVED AS TO FORM
Cit ttorney
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