HomeMy WebLinkAboutAgenda Packet_08102020A G E N D A
MEETING OF THE CITY COUNCIL
Monday,August 10,2020 ~7:00 PM
ALL COUNCIL MEMBERS AND STAFF WILL PARTICIPATE VIA TELECONFERENCE
SCHELLY SUSTARSIC
MAYOR
Fourth District
JOE KALMICK
MAYOR PRO TEM
First District
THOMAS MOORE
COUNCIL MEMBER
Second District
MIKE VARIPAPA
COUNCIL MEMBER
Third District
SANDRA MASSA-LAVITT
COUNCIL MEMBER
Fifth District
This Agenda contains a brief general description of each item to be considered.No action or discussion shall be taken on
any item not appearing on the agenda,except as otherwise provided by law.Supporting documents,including agenda
staff reports,and any public writings distributed by the City to at least a majority of the Council Members regarding any
item on this agenda are available for review on the City’s website at www.sealbeachca.gov.
City Council meetings are broadcast live on Seal Beach TV3 and on the City's website www.sealbeachca.gov).Check
the SBTV3 schedule for rebroadcast of —meetings are available on-demand on the website (starting 2012).meeting
In compliance with the Americans with Disabilities Act of 1990,if you require disability -related modification or
accommodation to attend or participate in this meeting,including auxiliary aids or services,please call the City Clerk'
s office at (562)431 -2527 at least 48 hours prior to the meeting.
NOTICE REGARDING PUBLIC OBSERVATION AND PARTICIPATION IN THE CITY
COUNCIL MEETING
To comply with Governor Newsom’s Executive Order N-29-20 and the Amended Order
and Guidance of the Orange County Health Officer issued March 18,2020 the City of
Seal Beach hereby gives notice of the “means by which members of the public may
observe the meeting and offer public comment”for the City Council meeting on August
10,2020.Due to the need for social distancing and the prohibition on public gatherings
set forth in the County Health Officer’s Order,all participation in the above-referenced
meeting will be by teleconference for the Members of the City Council and staff.
Because of the unique nature of the emergency there will NOT be a physical meeting
location and all public participation will be electronic.
PUBLIC COMMENT:Members of the public may submit comments on any item ON
this City Council meeting agenda via email to the City Clerk at
gharper@sealbeachca.gov or via the comment icon through the online portal
at https://www.sealbeachca.gov/Government/Agendas-Notices-Meeting-Videos/Council-
Commission-Meetings .All email comments the City Clerk receives before the start of
the meeting will be posted on the City website and distributed to City Council.Email
comments received after that time will be posted on the City’s website and forwarded to
the City Council after the meeting.
THIS NOTICE AND ELECTRONIC PARTICIPATION PROVISIONS SET FORTH IN
THIS NOTICE ARE PROVIDED PURSUANT TO SECTION 3 OF EXECUTIVE ORDER
N-29-20.
CALL TO ORDER
COUNCIL ROLL CALL
APPROVAL OF AGENDA &WAIVER OF FULL READING OF RESOLUTIONS
ORDINANCES
By motion of the City Council this is the time to notify the public of any
changes to the agenda and /or rearrange the order of the agenda.
PRESENTATIONS /RECOGNITIONS
•Recognition to Roni Ellis,Retiring Principal at McGaugh Elementary
School
•Orange County Water District Heron Point Monitoring Well
•Seal Beach COVID-19 Local Emergency Review
PUBLIC COMMUNICATIONS (VIA EMAIL ONLY)
At this time members of the public may address the Council regarding the items on this
City Council meeting agenda.Pursuant to the Brown Act,the Council cannot discuss or
take action on any items not on the agenda unless authorized by law.
Those members of the public wishing to provide comment are asked to send comments
via email to the City Clerk at gharper@sealbeachca.gov or via the comment icon on the
City website at https://www.sealbeachca.gov/Government/Agendas-Notices-Meeting-
Videos/Council-Commission-Meetings by 6pm on August 10,2020.Comments
provided via email will be posted on the City website for review by the public.Any
documents for review should be sent to the City Clerk prior to the meeting for
distribution.
CITY ATTORNEY REPORT Craig A.Steele,City Attorney
CITY MANAGER REPORT Jill R.Ingram,City Manager
COUNCIL COMMENTS
General Council Member comments and reporting pursuant to AB 1234.
COUNCIL ITEMS –None
CONSENT CALENDAR
Items on the consent calendar are considered to be routine and are enacted by a single
motion with the exception of items removed by Council Members.
A.Approval of the July 27,2020 City Council Minutes -That the City Council
approve the minutes of the Closed Session and Regular City Council meeting
held on July 27,2020.
B.Demands on City Treasury (Fiscal Year 2021)–August 10,2020
-Ratification.
C.Approving and Authorizing the City Manager to Execute a Professional
Services Agreement with Transtech Engineers,Inc.,for Building Division
Services -That the City Council adopt Resolution 7065 to approving and
authorizing the City Manager to execute a professional services agreement with
Transtech Engineers,Inc.for Building Division Services.
D.Extend Contract Services with the City of Long Beach for Animal
Control/Care Services -That the City Council adopt Resolution 7066:1.
Approving the Second Amendment to Agreement No.34620 between the City of
Seal Beach and the City of Long Beach for Animal Care Services for the City of
Long Beach to provide Animal Care Services within the City of Seal Beach,for
one additional two-year period;and,2.Authorizing the City Manager to execute
the Second Amendment on behalf of the City of Seal Beach along with any
necessary documents and amendments in relation thereto.
E.Grant Award from the Seal Beach Police Foundation to Fund a Police
Canine Program -That the City Council adopt Resolution 7067,approving the
acceptance of a $50,000 grant award from the Seal Beach Police Foundation
(SBPF)to fund a Police Canine program for the Seal Beach Police Department
(SBPD).
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC HEARING –None
UNFINISHED /CONTINUED BUSINESS –None
NEW BUSINESS
F.Water and Sewer Rates Study Update
ADJOURNMENT
Adjourn the City Council to Monday,August 24,2020 at 5:30 p.m.to meet in closed
session,if deemed necessary,in memory of Ronald F.Deaton,husband of former Seal
Beach Mayor and Council Member Ellery Deaton,who passed away on August 4,2020
and Gaby O’Donnell,mother of Long Beach Mayor Robert Garcia,who passed away on
July 27,2020.
Agenda Item A
AGENDA STAFF REPORT
DATE:August 10, 2020
TO:Honorable Mayor and City Council
THRU:Jill R. Ingram, City Manager
FROM:Gloria D. Harper, City Clerk
SUBJECT:Approval of the July 27, 2020 City Council Minutes
________________________________________________________________
SUMMARY OF REQUEST:
That the City Council approve the minutes of the Closed Session and Regular
City Council meeting held on July 27, 2020.
BACKGROUND AND ANALYSIS:
This section does not apply.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
No legal analysis is required for this item.
FINANCIAL IMPACT:
There is no financial impact for this item.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
MEASURE BB:
This item is not applicable to Measure BB, the Seal Beach Neighborhood and
Essential Services Protection Measure.
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RECOMMENDATION:
That the City Council approve the minutes of the Closed Session and Regular
City Council meeting held on July 27, 2020.
SUBMITTED BY: NOTED AND APPROVED:
Gloria D. Harper Jill R. Ingram
Gloria D. Harper, City Clerk Jill R. Ingram, City Manager
Prepared by: Dana Engstrom, Deputy City Clerk
ATTACHMENTS:
A. Minutes - Closed Session
B. Minutes - Regular Session
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Seal Beach, California
July 27, 2020
The City Council met in Closed Session at 5:00 p.m. via teleconference.
ROLL CALL
Present: Mayor Sustarsic
Council Members: Varipapa, Kalmick, Massa-Lavitt, Moore
Absent: None
City Staff: Craig A. Steele, City Attorney
Jill R. Ingram, City Manager
Patrick Gallegos, Assistant City Manager
Phil Gonshak, Police Chief, Seal Beach Police Department
Les Johnson, Community Development Director
Gloria D. Harper, City Clerk
ORAL COMMUNICATIONS
Mayor Sustarsic opened oral communications. City Clerk Harper announced that no
email communications were received. Mayor Sustarsic then closed oral
communications.
CLOSED SESSION
A. Conference with Chief of Police and City Attorney regarding potential threats to
the security of public facilities and essential public services posed by the spread
of the COVID-19 virus pursuant to Government Code Section 54957(a).
B. Conference with Legal Counsel – Initiation of Litigation Pursuant to Government
Code Section 54956.9(d)(4) One (1) potential case.
C. Conference with Legal Counsel pursuant to Government Code Section 54956.9
(d) (1) and (2) City of Seal Beach v. California Resources Corporation, California
Resources Long Beach, et al. Orange County Superior Court Case No. 30-2020-
01143014-CU-MC-CJC Bankruptcy Petition of California Resources Corporation
United States Bankruptcy Court for the Southern District of Texas Case No. 20-
33568
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ADJOURNMENT
Mayor Sustarsic adjourned the Closed Session meeting at 6:05 p.m.
Gloria D. Harper, City Clerk
City of Seal Beach
Approved:
Schelly Sustarsic, Mayor
Attested
Gloria D. Harper, City Clerk
Seal Beach, California
July 27, 2020
The City Council met in regular session at 7:00 p.m. via teleconference.
ROLL CALL
Present: Mayor Sustarsic
Council Members: Kalmick, Massa-Lavitt, Moore, Varipapa
Absent: None
City Staff: Craig A. Steele, City Attorney
Jill R. Ingram, City Manager
Patrick Gallegos, Assistant City Manager
Phil Gonshak, Police Chief, Seal Beach Police Department
Chief Joe Bailey, Marine Safety Department
Steve Myrter, P.E., Director of Public Works
Les Johnson, Director of Community Development
Kelly Telford, Director of Finance/City Treasurer
Gloria D. Harper, City Clerk
Dana Engstrom, Deputy City Clerk
APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND
ORDINANCES
City Manager Ingram requested to pull Item N after individual discussion with several
Council Members prior to the meeting to allow for a staff presentation and the ability for
Council to ask questions.
City Clerk Harper announced that five (5) supplemental communications were received
after the posting of the agenda regarding various agenda items that were distributed to
City Council and made available to the public.
Council Member Moore moved, second by Mayor Pro Tem Kalmick to approve the
agenda.
City Clerk Harper took a roll call vote to approve the agenda.
AYES: Kalmick, Massa-Lavitt, Moore, Sustarsic, Varipapa
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
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PRESENTATIONS / RECOGNITIONS
• 100th Birthday Recognition for Thelma Kieffer
• Proclamation to BlueSea Care Services
• IT Update
• Seal Beach COVID-19 Local Emergency Review
• Funding Sources Available for COVID-19 Related Expenses – UPDATE
ORAL COMMUNICATIONS
Mayor Sustarsic opened oral communications. City Clerk Harper announced that two (2)
email communications were received and distributed to Council via email and uploaded
to the City’s website. Mayor Sustarsic then closed oral communications.
CITY ATTORNEY REPORT
City Attorney Steele reported that prior to the meeting City Council met in closed
session to discuss the three items on the posted agenda and indicated that all Council
Members participated via teleconference and took no reportable action regarding Items
A and B. City Attorney Steele also reported regarding Item C, that the City Council
unanimously approved and authorized future communication between him and the City
of Long Beach City Attorney in an effort to explore opportunities to operate jointly in
pursuit of the money that is owed to both cities from the California Resources
Corporation.
CITY MANAGER REPORT
City Manager Ingram highlighted the Main Street Communal Dining Area program in
Old Town. She indicated that the Electric Avenue location had not been fully utilized;
therefore, the City has not been solely focused on the Eisenhower Park location that
has received an increase in demand. She noted that staff has received a lot of positive
feedback on this program allowing folks to support local restaurants in a safe and
beautiful environment. City Manager Ingram also noted that it takes a dedicated staff to
make it all happen and acknowledged Denice Bailey, Assistant Engineer; Sam Funes,
Neighborhood Services Officer; David Nett, Community Services Coordinator; Anthony
Nguyen, Recreation Coordinator; Kevin Ortiz, Recreation Coordinator; Jennifer Robles,
Executive Assistant to the City Manager; and Grant Tavasci, Account Clerk in the Public
Works department for a job well done.
Additionally, City Manager Ingram highlighted the senior resource Senior CityZen that
City staff implemented to provide an avenue for staff to check-in with seniors that are
socially isolated as a result of the COVID-19 stay at home orders. The feedback so far
is that the experience has been rewarding for both staff and the seniors. If you or
someone you know would like to connect with City staff, please email
seniorcityzen@sealbeachca.gov or call (562) 431-2527 x1600. City Manager Ingram
thanked Assistant City Manager Gallegos and his team of volunteers who made this
program possible.
City Manager Ingram introduced Marine Safety Chief Bailey, who provided a summer
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aquatics program/usage update of McGaugh pool and the measures implemented to
ensure a safe, healthy and fun summer that is so important for kids during the
pandemic. Additionally, he discussed the importance of drowning prevention.
City Manager Ingram introduced City Clerk Harper, who provided an update on the
upcoming November 3, 2020 election that will include candidates for Districts Two and
Four. She indicated that information regarding the Council District seats is available on
the City’s website at www.sealbeachca.gov by clicking on the City Clerk’s page and the
“Information for Council Candidates” tab. She also noted that the Nomination Period
will conclude on Friday, August 7, 2020 at 5pm by appointment only and during normal
business hours. For more information, interested parties were encouraged to email the
City Clerk at gharper@sealbeachca.gov.
City Manager Ingram thanked the business community, residents, and Council for their
ongoing support regarding the temporary closure of City Hall to the public. She
indicated that technology has allowed City staff to continue to serve the public. She
noted the importance of protecting staff and the public and to help mitigate any potential
spread of the virus. Staff will continue to serve the public by email, phone, and
appointment, if necessary. For assistance please email askcityhall@sealbeachca.gov
or by phone at (562) 431-2527 x1350.
COUNCIL COMMENTS
Council Member Moore thanked Assistant City Manager Gallegos for the IT update and
indicated that he feels that there is an opportunity to make things more efficient for the
residents and the City. He also thanked Assistant City Manager Gallegos and the City
for putting together the Senior CityZen program, a great resource for seniors in the
community. He thanked the Community Services department for their continued
support in delivering meals to seniors during this difficult time. Additionally, he indicated
his attendance at the Orange County Fire Authority meeting and provided an update on
the recent fire at the Bolsa Chica wetlands. Lastly, he read a letter from Jim Watson
regarding the recent temporary outdoor dining changes that is helping restaurants in the
City during the pandemic.
Council Member Varipapa indicated he had a great experience utilizing the communal
dining and thanked staff for their support and friendly demeanor.
Council Member Massa-Lavitt indicated that she attended an Orange County Sanitation
District meeting and proudly announced that Seal Beach was declared one of the
cleanest beaches in Orange County by Heal the Bay. She noted that virtual tours are
being offered of the Water Department and the Sanitation District and indicated that
those interested could register at ocsd.com. Additionally, she stated that she attended
an Orange County Vector Control virtual meeting, noting this is a very bad year for
mosquitos and encouraged everyone to be conscious of standing water.
Mayor Pro Tem Kalmick thanked all staff in every department, specifically Community
Development Director Johnson in getting parklets and communal dining set up within a
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matter of days, including the application process. He noted that the feedback has been
very positive and the parklets are helping restaurants survive during this difficult time.
Additionally, he thanked the Seal Beach Lions Club for their support by dining locally
every Wednesday.
Mayor Sustarsic thanked staff for all their hard work. She specifically thanked
Community Development Director Johnson regarding all his hard work in putting
together programs that support local businesses that is ongoing. She indicated that she
met with the Chamber President Kori Deleon, participated in several calls with Orange
County Mayors, and attended an Airport Land Use Commission meeting. Mayor
Sustarsic was excited to announce that College Park East is currently having the streets
slurry sealed and looks forward to the completion of that project.
COUNCIL ITEMS
There were no council items.
CONSENT CALENDAR
Council Member Massa-Lavitt moved, second by Council Member Varipapa, to approve
the recommended actions on the consent calendar with exception of Item N that was
pulled for separate consideration.
A. Approval of the June 22, 2020 City Council Minutes - That the City Council
approve the minutes of the Closed Session and Regular City Council meeting held on
June 22, 2020.
B. Approval of the July 1, 2020 City Council Minutes - That the City Council approve
the minutes of the Closed Session meeting held on July 1, 2020.
C. Approval of the July 16, 2020 City Council Minutes - That the City Council
approve the minutes of the Special City Council meeting held on July 16, 2020.
D. Demands on City Treasury (Fiscal Year 2020 and 2021) – July 27, 2020 -
Ratification.
E. Monthly Investment Report – July 27, 2020 - Receive and file.
F. Report of City Manager and Department Heads Authorized Contracts - That the
City Council receive and file the report.
G. A Resolution of the Seal Beach City Council Confirming Supplemental Orders
7-10, Inclusive, to the Proclamation of a Local Emergency Issued by the City
Manager/Director of Emergency Services - That the City Council: 1. Review the
current state of local emergency and consider whether to confirm Supplemental Orders
7-10, inclusive, to the Proclamation of Local Emergency related to the COVID-19 virus
public health emergency, as required by the Seal Beach Municipal Code; and, 2. Adopt
Resolution 7052.
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H. Authorize Expenditures with Stantec Consulting Services, Inc. for the LCWA
Watermain Lining, WT2103, pursuant to an On-Call Professional Services
Agreement - That the City Council adopt Resolution 7053: 1. Authorizing the City
Manager to approve expenditures in the not-to-exceed amount of $255,942.30 to
Stantec Consulting Services, Inc. for professional design, environmental documentation
and permitting services for the LCWA Watermain Lining, WT2103, Project pursuant to
an On-Call Professional Services Agreement dated July 22, 2019, and proposal dated
April 9, 2020; and, 2. Authorizing the City Manager to approve additional work requests
in the cumulative not-to-exceed amount of $20,000.
I. Fiscal Year 2020-21 Statement of Investment Policy and Delegation of Authority
- That the City Council adopt Resolution 7054 approving the FY 2020-21 Statement of
Investment Policy and Delegation of Authority to the Director of Finance/City Treasurer.
J. Orange County Operational Area Agreement - Staff requests that the City Council
adopt Resolution 7055 approving the 2020 Orange County Operational Area Agreement
of the County of Orange and Political Subdivisions (“Agreement”) and authorize the City
Manager to sign the Agreement.
K. Approving Amendment No. 2 to the Professional Services Agreement with
AndersonPenna Partners, Inc. for Ocean Place Development Construction
Management and Inspection Services - That the City Council adopt Resolution 7056:
1. Approving Amendment No. 2 to the Professional Services Agreement dated
November 13, 2018, as previously amended by Amendment No. 1 dated January 27,
2020, between the City of Seal Beach and AndersonPenna Partners, Inc. to increase
consultant’s compensation by $59,800for a revised total contract amount not-to-exceed
$445,439for the continuation of construction management and inspection services for
the Ocean Place Development Project and, 2. Authorizing the City Manager to Execute
Amendment No. 2
L. Award and authorize execution of a Construction Contract with ACCO
Engineered Systems, Inc., for the City Hall HVAC Replacement Project, CIP
BG2001 - That the City Council adopt Resolution 7057: 1. Approving the plans,
specifications, and contract documents for the City Hall HVAC Replacement Project,
CIP BG2001; and, 2. Approving and awarding a construction contract to ACCO
Engineered Systems, Inc. in the amount of $317,137.49 to replace the City Hall HVAC
system pursuant to the exemption from competitive bidding requirements set forth in
Seal Beach Municipal Code Section 3.20.025(D); and, 3. Authorizing the City Manager
to execute the agreement for construction services to ACCO Engineered Systems Inc.;
and, 4. Authorizing the City Manager to approve additional work requests and
inspection services in connection with the Project in the cumulative not to exceed
amount of $42,000.
M. Approving Amendment No. 1 to the Agreement between the City of Seal Beach
and Clear Channel Outdoor, LLC to defer the semi-annual advertising revenue
sharing payment - That the City Council adopt Resolution 7058: 1. Approving
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Amendment No.1 to the Agreement for Shelter Maintenance and Advertising dated
March 10, 2014 between the City of Seal Beach and Clear Channel Outdoor, LLC to
defer the $22,500 semi-annual advertising revenue sharing payment due to the City on
July 31, 2020; and, 2. Waiving the applicable late fee that would otherwise be owed to
the City for missing the July 31, 2020 payment so long as Contractor adheres to the
deferred payment schedule; and, 3. Authorizing the City Manager to execute
Amendment No. 1.
N. Seal Beach Police Department Purchase of AXON Body Worn Camera System,
to Include the Purchase of Integrated TASER 7 System and Patrol Vehicle Camera
System - That the City Council adopt Resolution 7059: 1. Approving an agreement
between the City of Seal Beach and Axon Enterprise, Inc. for the purchase of Body
Worn Cameras, in-dash camera system, TASER 7s, accessories and associated
programs; and 2. Approving an “add-on” agreement between the City of Seal Beach
and Central Square Technologies for the integration of AXON products with the current
CAD/RMS systems; and 3. Authorizing the City Manager to execute the agreements
and any necessary documents, amendments and extensions on behalf of the City of
Seal Beach.
City Clerk Harper took a roll call vote to approve the consent calendar items with
exception of Item N.
AYES: Kalmick, Massa-Lavitt, Sustarsic, Moore, Varipapa
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
ITEMS REMOVED FROM CONSENT CALENDAR
N. Seal Beach Police Department Purchase of AXON Body Worn Camera System,
to Include the Purchase of Integrated TASER 7 System and Patrol Vehicle Camera
System - That the City Council adopt Resolution 7059: 1. Approving an agreement
between the City of Seal Beach and Axon Enterprise, Inc. for the purchase of Body
Worn Cameras, in-dash camera system, TASER 7s, accessories and associated
programs; and 2. Approving an “add-on” agreement between the City of Seal Beach
and Central Square Technologies for the integration of AXON products with the current
CAD/RMS systems; and 3. Authorizing the City Manager to execute the agreements
and any necessary documents, amendments and extensions on behalf of the City of
Seal Beach.
Chief Gonshak provided a comprehensive presentation on this item and addressed
Council Member questions.
Mayor Pro Tem Kalmick moved, second by Council Member Moore, to adopt Resolution
7059: 1. Approving an agreement between the City of Seal Beach and Axon Enterprise,
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Inc. for the purchase of Body Worn Cameras, in-dash camera system, TASER 7s,
accessories and associated programs; and 2. Approving an “add-on” agreement
between the City of Seal Beach and Central Square Technologies for the integration of
AXON products with the current CAD/RMS systems; and 3. Authorizing the City
Manager to execute the agreements and any necessary documents, amendments and
extensions on behalf of the City of Seal Beach.
City Clerk Harper took a roll call vote to approve Item N.
AYES: Kalmick, Massa-Lavitt, Sustarsic, Moore, Varipapa
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
PUBLIC HEARING
O. Resolution Adjusting the Bidding Thresholds for Public Works Contracts and
adjusting the City Manager’s Contract Authority for the Acquisition of Goods and
Services - That the City Council adopt Resolution 7060: 1. Confirming the adjustment
of bidding threshold for Public Works contracts to $34,476 pursuant to the City Charter
Section 1010; and, 2. Adjusting the City Manager’s threshold to bind the City, with or
without a written contract, for the acquisition of equipment, materials, supplies, labor,
services, or other items within the budget approved by City Council to $34,476 pursuant
to City Charter 420 and Resolution 6384.
Public Works Director Myrter provided a comprehensive presentation on the staff report
and addressed Council Member questions.
Mayor Sustarsic opened the public hearing. City Clerk Harper announced that there
were no email communications received. There were no other comments from the
public. Mayor Sustarsic then closed the public hearing.
Council Member Moore moved, second by Council Member Massa-Lavitt, to adopt
Resolution 7060: 1. Confirming the adjustment of bidding threshold for Public Works
contracts to $34,476 pursuant to the City Charter Section 1010; and, 2. Adjusting the
City Manager’s threshold to bind the City, with or without a written contract, for the
acquisition of equipment, materials, supplies, labor, services, or other items within the
budget approved by City Council to $34,476 pursuant to City Charter 420 and
Resolution 6384.
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City Clerk Harper took a roll call vote to approve Item O.
AYES: Kalmick, Massa-Lavitt, Sustarsic, Moore, Varipapa
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
UNFINISHED/CONTINUED BUSINESS
There were no unfinished/continued business items.
NEW BUSINESS
P. Approval of the Annual Special Taxes for Community Facilities District No.
2002-01 "Heron Pointe" - That the City Council adopt Resolution 7061 approving the
Fiscal Year 2020-2021 special tax levy for Community Facilities District No. 2002-01
“Heron Pointe”.
Finance Director/City Treasurer Telford provided a brief presentation on this item.
There were no Council Member questions.
Council Member Massa-Lavitt moved, second by Mayor Pro Tem Kalmick, to adopt
Resolution 7061 approving the Fiscal Year 2020-2021 special tax levy for Community
Facilities District No. 2002-01 “Heron Pointe”.
City Clerk Harper took a roll call vote to approve Item P.
AYES: Kalmick, Massa-Lavitt, Sustarsic, Moore, Varipapa
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
Q. Approval of the Annual Special Taxes for Community Facilities District No.
2002-02 "Seal Beach Blvd./Lampson Avenue Landscape Maintenance District" -
That the City Council adopt Resolution 7062 approving the Fiscal Year 2020-2021
special tax levy for Community Facilities District No. 2002-02 “Seal Beach
Blvd./Lampson Avenue Landscape Maintenance District”.
Finance Director/City Treasurer Telford provided a brief presentation on this item and
addressed Council Member questions.
City Attorney Steele clarified that none of the districts can increase beyond the CPI
increase without voter approval.
Council Member Varipapa moved, second by Council Member Moore, to adopt
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Resolution 7062 approving the Fiscal Year 2020-2021 special tax levy for Community
Facilities District No. 2002-02 “Seal Beach Blvd./Lampson Avenue Landscape
Maintenance District”.
City Clerk Harper took a roll call vote to approve Item Q.
AYES: Kalmick, Massa-Lavitt, Sustarsic, Moore, Varipapa
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
R. Approval of the Annual Special Taxes for Community Facilities District No.
2005-01 "Pacific Gateway Business Center" - That the City Council adopt Resolution
7063 approving the Fiscal Year 2020-2021 special tax levy for Community Facilities
District No. 2005-01 “Pacific Gateway Business Center”.
Finance Director/City Treasurer Telford provided a brief presentation on this item.
There were no Council Member questions.
Council Member Varipapa moved, second by Council Member Moore, to adopt
Resolution 7063 approving the Fiscal Year 2020-2021 special tax levy for Community
Facilities District No. 2005-01 “Pacific Gateway Business Center”.
City Clerk Harper took a roll call vote to approve Item R.
AYES: Kalmick, Massa-Lavitt, Sustarsic, Moore, Varipapa
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
S. Ratification of Certification for Receipt of Funds for the State of California
Coronavirus Relief Funds for Necessary Expenditures Incurred Due to the Public
Health Emergency with Respect to COVID-19 - That the City Council adopt
Resolution 7064 ratifying a Certification of Receipt of Funds which serves as the
application to the State of California for coronavirus relief funds to reimburse the City for
necessary expenditures incurred due to the public health emergency with respect to
COVID-19.
Finance Director/City Treasurer Telford provided a brief presentation on this item.
There were no Council Member questions.
Council Member Varipapa moved, second by Mayor Pro Tem Kalmick, to adopt
Resolution 7064 ratifying a Certification of Receipt of Funds which serves as the
application to the State of California for coronavirus relief funds to reimburse the City for
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necessary expenditures incurred due to the public health emergency with respect to
COVID-19.
City Clerk Harper took a roll call vote to approve Item S.
AYES: Kalmick, Massa-Lavitt, Sustarsic, Moore, Varipapa
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
ADJOURNMENT
Mayor Sustarsic adjourned the City Council at 8:58 p.m. to Monday, August 10, 2020 at
5:30 p.m. to meet in closed session, if deemed necessary.
______________________
Gloria D. Harper, City Clerk
City of Seal Beach
Approved: ___________________________
Schelly Sustarsic, Mayor
Attested: ______________________
Gloria D. Harper, City Clerk
Agenda Item C
AGENDA STAFF REPORT
DATE:August 10, 2020
TO:Honorable Mayor and City Council
THRU:Jill R. Ingram, City Manager
FROM:Les Johnson, Community Development Director
SUBJECT:Approving and Authorizing the City Manager to Execute a
Professional Services Agreement with Transtech Engineers,
Inc., for Building Division Services
________________________________________________________________
SUMMARY OF REQUEST:
That the City Council adopt Resolution 7065 to approving and authorizing the
City Manager to execute a professional services agreement with Transtech
Engineers, Inc. for Building Division Services.
BACKGROUND AND ANALYSIS:
In 2016, staff conducted an open recruitment process for the Building Official
position but was unable to find a satisfactory candidate. In 2017, the City
contracted the services of Transtech Engineers to provide the qualified services
required of a Building Official. In 2018, the City faced fiscal constraints that
limited consideration of a new recruitment to seek a full time Building Official;
therefore, City Council approved the use of Transtech Engineers for Building
services for a period of one year. The City Council approved an additional one
year contract with Transtech Engineers in August, 2019 for the same services.
During the past year, Transtech increased its services in order to provide
additional building inspector services due to the vacancy of the Building Inspector
position.
Staff is requesting approval to continue to utilize the services provided by
Transtech Engineers, Inc. (Transtech) for an additional year. Transtech has
provided the City with building division services, including Building Official
services, building inspector services, and building code plan check services.
This will include the continued reliance upon Transtech for full-time building
inspector services until that vacant position is filled, which is anticipated to occur
within the next 6-9 months. The budget savings from the Building Inspector and
Building Official vacancies will sufficiently cover the building division personnel
services expense.
Transtech has offered engineering, public works and building services to
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municipalities since 1989. Since the current professional services agreement will
expire on August 30, 2020, staff is requesting that we continue with Transtech’s
services given that they have consistently provided quality and professional
service, and have become familiar with the unique needs of the community and
the continued use of their services will maintain continuity in providing building
services.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
The City Attorney has approved the proposed resolution and approved as to
form.
FINANCIAL IMPACT:
The on-going Building Official and Building Inspector services will not require a
budget amendment. Sufficient funds have been allocated for the building division
personnel services through the Department’s annual budget. The agreement is
for a term extending until August 30, 2021 in the amount not to exceed $215,000
for building division personnel services. Additionally, under the proposed
Agreement, any plan check services provided will be charged to the City based
on a fee in the amount not to exceed 65% of the plan check fee.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
MEASURE BB:
This item is not applicable to Measure BB, the Seal Beach Neighborhood and
Essential Services Protection Measure.
RECOMMENDATION:
That the City Council adopt Resolution 7065 approving and authorizing the City
Manager to execute a professional services agreement with Transtech
Engineers, Inc., for Building Division Services.
SUBMITTED BY: NOTED AND APPROVED:
Les Johnson Jill R. Ingram
Les Johnson, Community Development Director Jill R. Ingram, City Manager
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ATTACHMENTS:
A. Resolution 7065
B. Professional Services Agreement Transtech Engineers, Inc
RESOLUTION 7065
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH TRANSTECH
ENGINEERS, INC. FOR BUILDING DIVISION SERVICES
WHEREAS, pursuant to the Seal Beach City Charter, Seal Beach Municipal
Code Chapter 3.20 establishes a central purchasing system including
procedures for competitive bidding and exemptions from competitive bidding;
and,
WHEREAS, Seal Beach Municipal Code Section 3.20.025(C) provides for an
exemption from competitive bidding requirements for purchases of professional
services, including without limitation, architectural services; bond services;
election services; engineering services; insurance services; legal services; public
relations services; real estate services; and solid waste disposal services.
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY
RESOLVE:
SECTION 1. The City Council hereby approves that Professional Services
Agreement for on-going Building Division Services dated August 30, 2020
between the City of Seal Beach and Transtech Engineers, Inc., in an amount not
to exceed $215,000 for Building Division personnel, and plan check services in
the amount not to exceed 65 percent of the plan check fee, as set forth in Exhibit
“A”, attached hereto and incorporated herein by this reference as though set
forth in full.
SECTION 2. The City Council hereby authorizes and directs the City Manager to
execute the attached Agreement on behalf of the City.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a
regular meeting held on the 10th day of August, 2020 by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
Schelly Sustarsic, Mayor
ATTEST:
Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution 7065 on file in the office of
the City Clerk, passed, approved, and adopted by the City Council at a regular
meeting held on the 10th day of August, 2020.
Gloria D. Harper, City Clerk
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PROFESSIONAL SERVICES AGREEMENT
FOR
BUILDING AND SAFETY SERVICES
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Transtech Engineers, Inc.
13367 Benson Avenue
Chino, CA 91710
T (949) 595-8599, F (909) 590-8599
This Professional Services Agreement (“the Agreement”) is made as of August xx,
2020, (the “Effective Date”), by and between Transtech Engineers, Inc. (“Consultant”), a
California corporation, and the City of Seal Beach (“City”), a California charter city,
(collectively, “the Parties”).
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RECITALS
A. City desires certain professional services with respect to building
services.
B. Pursuant to the authority provided by its City Charter and Seal Beach
Municipal Code § 3.20.025(C), City desires to engage Consultant to provide
professional building services in the manner set forth herein and more fully
described in Section 1.0.
C. Consultant represents that the principal members of its firm are qualified
professional building inspectors, plan checkers and building officials and are fully
qualified to perform the services contemplated by this Agreement in a good and
professional manner; and it desires to perform such services as provided herein.
NOW THEREFORE, in consideration of the Parties' performance of the
promises, covenants, and con ditions stated herein, the Parties hereto agree as
follows.
AGREEMENT
1.0 Scope of Services
1.1. Consultant shall provide those services (“Services”) set forth in
Exhibit A (Scope of Services), attached hereto and incorporated herein by this
reference. To the extent that there is any conflict between Exhibit A and this
Agreement, this Agreement shall control.
1.2. Consultant shall perform all Services under this Agreement in
accordance with the standard of care generally exercised by like professionals
under similar circumstances and in a manner reasonably satisfactory to City.
1.3. In performing this Agreement, Consultant shall comply with all
applicable provisions of federal, state, and local law.
1.4. As a material inducement to City to enter into this Agreement,
Consultant hereby represents that it has the experience necessary to undertake
the Services to be provided. In light of such status and experience, Consultant
hereby covenants that it shall follow the customary professional standards in
performing all Services. The City relies upon the skill of Consultant, and
Consultant’s staff, if any, to do and perform the Services in a skillful, competent,
and professional manner, and Consultant and Consultant’s staff, shall perform
the Services in such manner. Consultant shall, at all times, meet or exceed any
and all applicable professional standards of care. The acceptance of Consultant’s
work by the City shall not operate as a release of Consultant from such standard
of care and workmanship.
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1.5. Consultant will not be compensated for any work performed not
specified in the Scope of Services unless the City authorizes such work in
advance and in writing. The City Manager may authorize extra work to fund
unforeseen conditions up to the amount approved at the time of award by the
City Council in accordance with Section 3.0. Payment for additional work in
excess of this amount requires prior City Council authorization.
2.0 Term
2.1. The term of this Agreement shall commence on August xx, 2020,
and shall remain in full force and effect until midnight on August 30, 2021 unless
sooner terminated as provided in Section 5.0 of this Agreement.
3.0 Consultant’s Compensation
3.1. City will pay Consultant for Services performed in accordance with
the hourly rates shown in the fee schedule set forth in Exhibit A and the Standard
Hourly Rates set forth on Exhibit B, but in no event will the City pay more than
the following during the term of this Agreement: (i) for building division personnel
services, including Building Official/Plan Checker and Building I nspector, the City
shall not pay more than a total sum of $215,000 (two hundred fifteen thousand
dollars) during the term of this Agreement; and (ii) for Plan Check Services, the
City shall not pay more than 65% of the plan review fees collected per the City’s
fee schedule. In the event of any conflict or inconsistency between Exhibit A
and/or Exhibit B, on the one hand, and this section, on the other hand, the terms
of this section shall prevail.
3.2. Any additional work authorized by the City Council pursuan t to
Section 1.5 will be compensated in accordance with the fee schedule set forth
in Exhibit B.
4.0 Method of Payment
4.1. Consultant shall submit to City monthly invoices for all Services
rendered pursuant to this Agreement. Such invoices shall be submitted within 15
days of the end of the month during which the Services were rendered and shall
describe in detail the Services rendered during the period, the days worked,
number of hours worked, the hourly rates charged, and the Services performed
for each day in the period. City will pay Consultant within 30 days of receiving
Consultant’s invoice. City will not withhold any applicable federal or state payroll
and other required taxes, or other authorized deductions from payments made to
Consultant.
4.2. Upon 24-hour notice from City, Consultant shall allow City or City’s
agents or representatives to inspect at Consultant’s offices during reasonable
business hours all records, invoices, time cards, cost control sheets and other
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records maintained by Consultant in connection with this Agreement. City’s rights
under this Section 4.2 shall survive for three (3) years following the termination of
this Agreement.
5.0 Termination
5.1. This Agreement may be terminated by City, without cause, or by
Consultant based on reasonable cause, upon giving the other party written notice
thereof not less than 30 days prior to the date of termination.
5.2. This Agreement may be terminated by City upon 10 days’ notice to
Consultant if Consultant fails to provide satisfactory evidence of renewal or
replacement of comprehensive general liability insurance as required by this
Agreement at least 20 days before the expiration date of the previous policy.
6.0 Party Representatives
6.1. The City Manager is the City’s representative for purposes of this
Agreement.
6.2. Ayla Jefferson, CBO, is the Consultant's primary representative for
purposes of this Agreement. Ayla Jefferson shall be responsible during the term
of this Agreement for directing all activities of Consultant and devoting sufficient
time to personally supervise the Services hereunder. Consultant may not change
its representative without the prior written approval of City, which approval shall
not be unreasonably withheld.
7.0 Notices
7.1. All notices permitted or required under this Agreement shall be
deemed made when personally delivered or when mailed 48 hours after deposit
in the United States Mail, first class postage prepaid and addressed to the party
at the following addresses:
To City: City of Seal Beach
211-8th Street
Seal Beach, California 90740
Attn: City Manager
To Consultant: Transtech Engineers, Inc.
13367 Benson Avenue
Chino, CA 91710
Attn: Ayla Jefferson, CBO
7.2. Actual notice shall be deemed adequate notice on the date actual
notice occurred, regardless of the method of service.
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8.0 Independent Contractor
8.1. Consultant is an independent contractor and not an employee of
the City. All work or other Services provided pursuant to this Agreement shall be
performed by Consultant or by Consultant’s employees or other personnel under
Consultant’s supervision, and Consultant and all of Consultant’s personnel shall
possess the qualifications, permits, and licenses required by State and local law
to perform such Services, including, without limitation, a City of Seal Beach
business license as required by the Seal Beach Municipal Code. Consultant will
determine the means, methods, and details by which Consultant’s personnel will
perform the Services. Consultant shall be solely responsible for the satisfactory
work performance of all personnel engaged in performing the Services and
compliance with the customary professional standards.
8.2. All of Consultant’s employees and other personnel performing any
of the Services under this Agreement on behalf of Consultant shall also not be
employees of City and shall at all times be under Consultant's exclusive direction
and control. Consultant and Consultant’s personnel shall not supervise any of
City’s employees; and City’s employees shall not supervise Consultant’s
personnel. Consultant’s personnel shall not wear or display any City uniform,
badge, identification number, or other information identifying such individual as
an employee of City; and Consultant’s personnel shall not use any City e-mail
address or City telephone number in the performance of any of the Services
under this Agreement. Consultant shall acquire and maintain at its sole cost and
expense such vehicles, equipment and supplies as Consultant’s personnel
require to perform any of the Services required by this Agreement. Consultant
shall perform all Services off of City premises at locations of Consultant’s choice,
except as otherwise may from time to time be necessary in order for Consultant’s
personnel to receive projects from City, review plans on file at City, pick up or
deliver any work product related to Consultant’s performance of any Services
under this Agreement, or as may be necessary to inspect or visit City locations
and/or private property to perform such Services. City may make a computer
available to Consultant from time to time for Consultan t’s personnel to obtain
information about or to check on the status of projects pertaining to the Services
under this Agreement.
8.3. Consultant shall be responsible for and pay all wages, salaries,
benefits and other amounts due to Consultant’s personnel in connection with
their performance of any Services under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such
additional personnel, including, but not limited to: Social Security taxes, other
retirement or pension benefits, income tax withholding, unemployment insurance,
disability insurance, and workers' compensation insurance. Notwithstanding any
other agency, State, or federal policy, rule, regulation, statute or ordinance to the
contrary, Consultant and any of its officers, employees, agents, and
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subcontractors providing any of the Services under this Agreement shall not
become entitled to, and hereby waive any claims to, any wages, salaries,
compensation, benefit or any incident of employment by City, including but not
limited to, eligibility to enroll in, or reinstate to membership in, the California
Public Employees Retirement System (“PERS”) as an employee of City, and
entitlement to any contribution to be paid by City for employer contr ibutions or
employee contributions for PERS benefits.
8.4. Consultant shall indemnify and hold harmless City and its elected
officials, officers, employees, servants, designated volunteers, and agents
serving as independent contractors in the role of City off icials, from any and all
liability, damages, claims, costs and expenses of any nature to the extent arising
from, caused by, or relating to Consultant’s personnel practices. or to the extent
arising from, caused by or relating to the violation of any of the provisions of this
Section 8.0. In addition to all other remedies available under law, City shall have
the right to offset against the amount of any fees due to Consultant under this
Agreement any amount due to City from Consultant as a result of Consult ant’s
failure to promptly pay to City any reimbursement or indemnification arising under
this Section. This duty of indemnification is in addition to Consultant’s duty to
defend, indemnify and hold harmless as set forth in any other provision of this
Agreement.
9.0 PERS Compliance and Indemnification
9.1. General Requirements. The Parties acknowledge that City is a local
agency member of PERS, and as such has certain pension reporting and
contribution obligations to PERS on b ehalf of qualifying employees. Consultant
agrees that, in providing its employees and any other personnel to City to
perform any work or other Services under this Agreement, Consultant shall
assure compliance with the Public Employees’ Retirement Law, commencing at
Government Code § 20000, the regulations of PERS, and the Public Employees’
Pension Reform Act of 2013, as amended. Without limitation to the foregoing,
Consultant shall assure compliance with regard to personnel who have active or
inactive membership in PERS and to those who are ret ired annuitants and in
performing this Agreement shall not assign or utilize any of its personnel in a
manner that will cause City to be in violation of the applicable retirement laws
and regulations.
9.2. Indemnification. Consultant shall defend (with legal counsel
approved by City, whose approval shall not be unreasonably withheld), indemnify
and hold harmless City, and its City and its elected officials, officers, employees,
servants, designated volunteers, and agents serving as independent contractors
in the role of City officials, from any and all liability, damages, claims, costs and
expenses of any nature to the extent arising from, caused by, or relating to
Consultant’s violation of any provisions of this Section 9.0. This duty of
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indemnification is in addition to Consultant’s duty to defend, indemnify and hold
harmless as set forth in any other provision of this Agreement.
10.0 Confidentiality
Consultant covenants that all data, documents, discussion, or other information
developed or received by Consultant or provided for performance of this
Agreement are deemed confidential and shall not be disclosed by Consultant
without prior written authorization by City. City shall grant such authorization if
applicable law requires disclosure. All City data shall be returned to City upon
the termination of this Agreement. Consultant’s covenant under this Section
shall survive the termination of this Agreement.
11.0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior written
approval of the City. Consultant is fully responsible to City for the performance
of any and all subcontractors.
12.0 Assignment
Consultant shall not assign or transfer any interest in this Agreement whether by
assignment or novation, without the prior written consent of City. Any purported
assignment without such consent shall be void and without effect.
13.0 Inspection and Audit of Records
Consultant shall maintain complete and accurate records with respect to all
Services and other matters covered under this Agreement, includin g but
expressly not limited to, all Services performed, salaries, wages, invoices, time
cards, cost control sheets, costs, expenses, receipts and other records with
respect to this Agreement. Consultant shall maintain adequate records on the
Services provided in sufficient detail to permit an evaluation of all Services in
connection therewith. All such records shall be clearly identified and readily
accessible. At all times during regular business hours, Consultant shall provide
City with free access to such records, and the right to examine and audit the
same and to make copies and transcripts as City deems necessary, and shall
allow inspection of all program data, information, documents, proceedings and
activities and all other matters related to the perf ormance of the Services under
this Agreement. Consultant shall retain all financial and program service records
and all other records related to the Services and performance of this Agreement
for at least three (3) years after expiration, termination or fi nal payment under this
Agreement, whichever occurs later. City’s rights under this Section 1 3.0 shall
survive for three (3) years after expiration, termination or final payment under this
Agreement, whichever occurs later.
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14.0 Safety Requirements
All work performed under this Agreement shall be performed in such a manner
as to provide safety to the public and to meet or exceed the safety standards
outlined by CAL OSHA. The City may issue restraint or cease and desist orders
to Consultant when unsafe or harmful acts are observed or reported relative to
the performance of the Services. Consultant shall maintain the work sites free of
hazards to persons and property resulting from its operations. Consultant shall
immediately report to the City any hazardous condition noted by Contractor.
15.0 Insurance
15.1. Consultant shall not commence work under this Agreement until it
has provided evidence satisfactory to the City that Consultant has secured all
insurance required under this Section. Consultant shall furnish City with original
certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the City. The certificates and endorsements
for each insurance policy shall be signed by a person authorized by that insurer
to bind coverage on its behalf, and shall be on forms provided by the City if
requested. All certificates and endorsements shall be received and approved by
the City before work commences. The City reserves the right to require complete,
certified copies of all required insurance policies, at any time.
15.2. Consultant shall, at its expense, procure and maintain for the
duration of the Agreement, insurance against claims for injuries to persons or
damages to property that may arise from or in connection with the perform ance
of this Agreement. Insurance is to be placed with insurers with a current A.M.
Best's rating no less than A:VIII, licensed to do business in California, and
satisfactory to the City. Coverage shall be at least as broad as the latest
version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001); (2)
Automobile Liability: Insurance Services Office Business Auto Coverage form
number CA 0001, code 1 (any auto); (3) Workers’ Compensation and
Employer’s Liability coverages; and (4) if required by the City , Professional
Liability coverage (or Errors and Omissions coverage). Consultant shall
maintain limits no less than: (1) General Liability: $2,000,000 per occurrence
for bodily injur y, personal injury and property damage and if Commercial
General Liability Insurance or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to this
Agreement/location or the general aggregate limit s hall be twice the required
occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily
injury and property damage; (3) Workers’ Compensation in the amount
required by law and Employer’s Liability : $1,000,000 per accident and in the
aggre gate for bodily injury or disease ; and (4) Professional Liability (or Errors
and Omissions Liability, as appropriate): $1,000,000 per claim/aggregate , and
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if a “claims made” policy is provided, then the policy shall be endorsed to provide
an extended reporting period of not less than three years.
15.3. The insurance policies shall contain the following provisions, or
Consultant shall provide endorsements on forms supplied or approved by the
City to state: (1) coverage shall not be suspended, voided, reduced or canceled
except after 30 days prior written notice by certified mail, return receipt
requested, has been given to the City; (2) any failure to comply with reporting or
other provisions of the policies, including breaches of warranties, shall not
affect coverage provided to the City, its directors, officials, officers, (3) coverage
shall be primary insurance as respects the City, its directors, officials, officers,
employees, agents and volunteers, or if excess, shall stand in an unbroken chain
of coverage excess of the Consultant's scheduled underlying coverage and that
any insurance or self-insurance maintained by the City, its directors, officials,
officers, employees, agents and volunteers shall be excess of the Consultant's
insurance and shall not be called upon to contribute with it; (4) for general liability
insurance, that the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insureds with respect to the services or
operations performed by or on b ehalf of the Consultant, including materials, parts
or equipment furnished in connection with such work; and (5) for automobile
liability, that the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insureds with respect to the ownership,
operation, maintenance, use, loading or unloading of any auto owned, leased,
hired or borrowed by the Consultant or for which the Consultant is responsible.
15.4. All insurance required by this Section shall contain standard
separation of insureds provisions and shall not contain any special limitations on
the scope of protection afforded to the City, its directors, officials, officers,
employees, agents, and volunteers.
15.5. Any deductibles or self-insured retentions shall be declared to and
approved by the City. Consultant guarantees that, at the option of the City, either:
(1) the insurer shall reduce or eliminate such deductibles or self -insured
retentions as respects the City, its directors, officials, officers, employees,
agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing
payment of losses and related investigation costs, claims and administrative and
defense expenses.
16.0 Indemnification, Hold Harmless, and Duty to Defend
16.1. Indemnities. To the fullest extent permitted by law, Consultant
shall, at its sole cost and expense, defend, indemnify and hold harmless the City,
its elected officials, officers, attorneys, agents, employees, designated
volunteers, successors, assigns and those City agents servi ng as independent
contractors in the role of City officials (collectively “Indemnitees” in this Section
16.0), from and against any and all damages, costs, expenses, liabilities, claims,
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demands, causes of action, proceedings, judgments, penalties, liens, and losses
of any nature whatsoever, including fees of accountants, attorneys, or other
professionals, and all costs associated therewith, and the payment of all
consequential damages (collectively ”Liabilities”), whether actual, alleged or
threatened, which arise out of, pertain to, or relate to, in whole or in part, the acts
or omissions of Consultant, its officers, agents, servants, employees,
subcontractors, materialmen, consultants, contractors or their officers, agents,
servants or employees (or any entity or individual that Consultant shall bear the
legal liability thereof) in the performance of this Agreement , including the
Indemnitees’ active or passive negligence, except to the extent such Liabilities
arise from the sole negligence or willful misconduct of the Indemnitees as
determined by final court decision or by the Agreement of the Parties. Consultant
shall defend the Indemnitees in any action or actions filed in connection with any
Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and
expenses, including all attorneys’ fees and experts’ costs actually incurred in
connection with such defense. Consultant shall reimburse the Indemnitees for
any and all legal expenses and costs incurred by the Indemnitees in connection
therewith.
16.2. Subcontractor Indemnification. Consultant shall obtain executed
indemnity agreements with provisions identical to those in this Section 1 6.0 from
each and every subcontractor or any other person or entity involved by, for, with
or on behalf of Consultant in the performance of this Agreement. If Consultant
fails to obtain such indemnities, Consultant shall be fully responsible and
indemnify, hold harmless and defend the Indemnitees from and against any and
all Claims in law or equity, whether actu al, alleged or threatened, which arise out
of, are claimed to arise out of, pertain to, or relate to the acts or omissions of
Consultant’s subcontractor, its officers, agents, servants, employees,
subcontractors, materialmen, contractors or their officers, agents, servants or
employees (or any entity or individual that Consultant’s subcontractor shall bear
the legal liability thereof) in the performance of this Agreement, including the
Indemnitees’ active or passive negligence, except for Claims or Damages arising
from the sole negligence or willful misconduct of the Indemnitees, as determined
by final arbitration or court decision or by the agreement of the Parties.
16.3. Workers’ Compensation Acts and Insurance Requirements Not
Limiting. The obligations of Consultant under this or any other provision of this
Agreement shall not be limited by the provisions of any workers’ co mpensation
act or similar act. Consultant expressly waives any statutory immunity under such
statutes or laws as to the Indemnitees. Consultant’s indemnity obligation set forth
in this Section 16.0 shall not be limited by the limits of any policies of insurance
required or provided by Consultant pursuant to this Agreement.
16.4. Survival of Terms. Consultant’s covenants under this Section 16.0
shall survive the expiration or termination of this Agreement.
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17.0 Equal Opportunity
Consultant affirmatively represents that it is an equal opportunity employer.
Consultant shall not discriminate against any subcontractor, employee, or
applicant for employment because of race, religion, color, national origin,
handicap, ancestry, sex, sexual orientation, or age. Such non -discrimination
includes, but is not limited to, all activities related to initial employment,
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or
termination.
18.0 Labor Certification
By its signature hereunder, Consultant certifies that it is aware of the provisions
of Section 3700 of the California Labor Code that require every employer to be
insured against liability for Workers’ Compensation or to undertake self-insurance
in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
19.0 Prevailing Wage and Payroll Records
If this Agreement calls for services that, in whole or in part, constitute “public
works” as defined in the California Labor Code, then Consultant shall comply in
all respects with all applicable provisions of the California Labor Code,
including those set forth in Exhibit C, attached hereto and incorporated by
reference herein.
20.0 Entire Agreement
This Agreement contains the entire agreement of the Parties with respect to the
subject matter hereof, and supersedes all prior negotiations, understandings, or
agreements. This Agreement may only be modified by a writing signed by both
Parties.
21.0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall not
void or affect the validity of the other provisions of this Agreement.
22.0 Governing Law
This Agreement shall be governed by and construed in accordance with the laws
of the State of California.
23.0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either party
as a result of this Agreement.
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24.0 Waiver
No waiver of any default shall constitute a waiver of any other default or breach,
whether of the same or other covenant or condition. No waiver, benefit, privilege,
or service voluntarily given or performed by a party shall give the other party any
contractual rights by custom, estoppel, or otherwise.
25.0 Prohibited Interests; Conflict of Interest
25.1. Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the Services, or
which would conflict in any manner with the performance of the Services.
Consultant further covenants that, in performance of this Agreement, no person
having any such interest shall be employed by it. Furthermore, Consultant shall
avoid the appearance of having any inte rest, which would conflict in any manner
with the performance of the Services. Consultant shall not accept any
employment or representation during the term of this Agreement which is or may
likely make Consultant “financially interested” (as provided in California
Government Code §§ 1090 and 87100) in any decision made by City on any
matter in connection with which Consultant has been retained.
25.2. Consultant further warrants and maintains that it has not employed
or retained any person or entity, other than a bona fide employee working
exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant
paid or agreed to pay any person or entity, other than a bona fide employee
working exclusively for Consultant, any fee, commission, gift, percentage, or any
other consideration contingent upon the execution of this Agreement. Upon any
breach or violation of this warranty, City shall have the right, at its sole and
absolute discretion, to terminate this Agreement without further liability, or to
deduct from any sums payable to Consultant hereunder the full amount or value
of any such fee, commission, percentage or gift.
25.3. Consultant warrants and maintains that it has no knowledge that
any officer or employee of City has any interest, whether contrac tual, non-
contractual, financial, proprietary, or otherwise, in this transaction or in the
business of Consultant, and that if any such interest comes to the knowledge of
Consultant at any time during the term of this Agreement, Consultant shall
immediately make a complete, written disclosure of such interest to City, even if
such interest would not be deemed a prohibited “conflict of interest” under
applicable laws as described in this subsection
26.0 Attorneys' Fees
If either party commences an action again st the other party, either legal,
administrative or otherwise, arising out of or in connection with this Agreement,
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the prevailing party in such litigation shall be entitled to have and recover from
the losing party all of its attorneys’ fees and other costs incurred in connection
therewith.
27.0 Exhibits
All exhibits referenced in this Agreement are hereby incorporated into the
Agreement as if set forth in full herein. In the event of any material discrepancy
between the terms of any exhibit so incorporated and the terms of this
Agreement, the terms of this Agreement shall control.
28.0 Corporate Authority
The person executing this Agreement on behalf of Consultant warrants that he or
she is duly authorized to execute this Agreement on behalf of said party and that
by his or her execution, the Consultant is formally bound to the provisions of this
Agreement.
IN WITNESS WHEREOF, the Parties hereto, through their respective authorized
representatives have executed this Agreement as of the date and year first
above written.
CITY OF SEAL BEACH
By: _________________________
Jill R. Ingram, City Manager
Attest:
By: _________________________
Gloria D. Harper, City Clerk
Approved as to Form:
By: _________________________
Craig A. Steele, City Attorney
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CONSULTANT: TRANSTECH ENGINEERS, INC.
By: __________________________
Name: Ayla Jefferson
Its: Director of Building and Safety Services
By: __________________________
Name: Dennis Tarango
Its: Director of Building and Safety Services
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EXHIBIT A
SCOPE OF SERVICES
Transtech will provide BUILDING AND SAFETY SERVICES, PLAN CHECK, BUILDING
OFFICIAL AND INSPECTOR per the following special rates to the City:
Building Official* $108/hr., 2 days a week, or as services are needed
Building Inspector* $74/hr., 40 hrs. a week and additional 8 hrs. every two to
three weeks, or as services are needed
Plan Checks 65% of the plan check fees per City Fee Schedule
Any other services
requested
Per the Transtech Standard Hourly Rates
*Due to Covid-19 Staff Services will be invoiced with 4% reduction for the services
rendered until December 31st, 2020.
Any other services that may be requested by the City will be provided based on the
specific scope of work and fees to be established per Trans tech’s current standard
hourly rates in Exhibit B.
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EXHIBIT B
SCHEDULE OF HOURLY RATES
TRANSTECH ENGINEERS, INC.
SCHEDULE OF HOURLY RATES
Effective through June 30, 2021
ENGINEERING CONSTRUCTION MANAGEMENT BUILDING & SAFETY
Field Technician $67 Labor Compliance Analyst $129 Permit Technician $67
Engineering Technician $88 Funds Coordinator $129 Building Inspector $93
Assistant CAD Drafter $103 Utility Coordinator $145 Senior Building Inspector $103
Senior CAD Drafter $124 Office Engineer $119 Plans Examiner/Checker $140
Associate Designer $129 Construction Inspector $124 Plan Check Engineer $150
Senior Designer $140 Senior Construction Inspector $140 CASp Plan Checker $160
Design Project Manager $171 Construction Manager $171 Deputy Building Official $150
Assistant Engineer $109 Resident Engineer $171 Building Official $160
Staff Engineer $134 PUBLIC WORKS INSPECTION Administrative/Clerical $67
Associate Civil Engineer $134 Public Works Inspector $124 PLANNING
Senior Civil Engineer $171 Senior Public Works Inspector $140 Community Development Technician $67
Traffic Analyst Technician $88 Supervising PW Inspector $145 Planning Technician $67
Associate Traffic Analyst $103 SURVEY AND MAPPING Assistant Planner $103
Senior Traffic Analyst $140 Survey Analyst $124 Associate Planner $119
Professional Transportation
Planner $160 Senior Survey Analyst $129 Senior Planner $129
Traffic Engineer Technician $88 2 Man Survey Crew $297 Planning Manager $145
Associate Traffic Engineer $134 Survey & Mapping Specialist $171 ADMINISTRATIVE STAFF
Traffic Engineer $150 Licensed Land Surveyor $186 Administrative/Clerical $67
Senior Traffic Engineer $171 FUNDING & GRANT WRITING Project Accountant $83
Project Manager $160 Funds Analyst $109
Senior Project Manager $171 Senior Funds Analyst $129
Deputy City Engineer $150 Graphic & Rendering Designer $119
Senior City Engineer $171 Grant Writer $129
Principal Engineer $186 Funds & Grant Project Manager $160
The above fees will be increased each year July 1st automatically by the percentage change Los Angeles -Long
Beach-Anaheim California Consumer Price Index-All Urban Consumers (“CPI-U”) for the preceding twelve-
month period as calculated for February by the U.S. Department of Labor Bureau of Labor Statistics and
published by the United States Bureau of Labor Statistic .
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EXHIBIT C
TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS
1. This Agreement calls for services that, in whole or in part, constitute “public works”
as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the
California Labor Code (“Chapter 1”). Further, Consultant acknowledges that this
Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by
the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as
to those Services that are “public works”, Consultant shall comply with and be bound by
all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full
herein.
2. California law requires the inclusion of specific Labor Code provisions in certain
contracts. The inclusion of such specific provisions below, whether or not required by
California law, does not alter the meaning or scope of Section 1 above.
3. Consultant shall be registered with the Department of Industrial Relations in
accordance with California Labor Code Section 1725.5, and has provided proof of
registration to City prior to the Effective Date of this Agreement. Consultant shall not
perform work with any subcontractor that is not registered with DIR pursuant to Section
1725.5. Consultant and subcontractors shall maintain their registration with the DIR in
effect throughout the duration of this Agreement. If Consultant or any subcontractor
ceases to be registered with DIR at any time during the duration of the project,
Consultant shall immediately notify City.
4. Pursuant to Labor Code Section 1771.4, Consultant’s Services are subject to
compliance monitoring and enforcement by DIR. Consultant shall post job site notices,
as prescribed by DIR regulations.
5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem
wages for each craft, classification, or type of worker needed to perform the Agreement
are on file at City Hall and will be made available to any interested party on request.
Consultant acknowledges receipt of a copy of the DIR determ ination of such prevailing
rate of per diem wages, and Consultant shall post such rates at each job site covered by
this Agreement.
6. Consultant shall comply with and be bound by the provisions of Labor Code Sections
1774 and 1775 concerning the payment of prevailing rates of wages to workers and the
penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit
$200.00 for each calendar day, or portion thereof, for each worker paid less than the
prevailing rates as determined by the DIR for the work or craft in which the worker is
employed for any public work done pursuant to this Agreement by Consultant or by any
subcontractor.
7. Consultant shall comply with and be bound by the provisions of Labor Code Section
1776, which requires Consultant and each subcontractor to: keep accurate payroll
records and verify such records in writing under penalty of perjury, as specified in
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Section 1776; certify and make such payroll records available for inspection as provided
by Section 1776; and inform City of the location of the records.
8. Consultant shall comply with and be bound by the provisions of Labor Code Sections
1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et
seq. concerning the employment of apprentices on public works projects. Consultant
shall be responsible for compliance with these aforementioned Sections for all
apprenticeable occupations. Prior to commencing work under this Agreement,
Consultant shall provide City with a copy of the information submitted to any applicable
apprenticeship program. Within 60 days after concluding work pursuant to this
Agreement, Consultant and each of its subcontractors shall submit to City a verified
statement of the journeyman and apprentice hours perf ormed under this Agreement.
9. Consultant shall not perform work with any Subcontractor that has been debarred or
suspended pursuant to California Labor Code Section 1777.1 or any other federal or
state law providing for the debarment of contractors from public works. Consultant and
subcontractors shall not be debarred or suspended throughout the duration of this
Contract pursuant to Labor Code Section 1777.1 or any other federal or state law
providing for the debarment of contractors from public works. If Consultant or any
subcontractor becomes debarred or suspended during the duration of the project,
Consultant shall immediately notify City.
10. Consultant acknowledges that eight hours labor constitutes a legal day’s work.
Consultant shall comply with and be bound by Labor Code Section 1810. Consultant
shall comply with and be bound by the provisions of Labor Code Section 1813
concerning penalties for workers who work excess hours. Consultant shall, as a penalty
to City, forfeit $25.00 for each worker employed in the performance of this Agreement by
Consultant or by any subcontractor for each calendar day during which such worker is
required or permitted to work more than eight hours in any one calendar day and 40
hours in any one calendar week in violation of the provisions of Division 2, Part 7,
Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work
performed by employees of Consultant in excess of eight hours per day, and 40 hours
during any one week shall be permitted upon public work upon compensation for all
hours worked in excess of eight hours per day at not less than one and one-half times
the basic rate of pay.
11. California Labor Code Sections 1860 and 3700 provide that every employer will be
required to secure the payment of compensation to its employees. In accordance with
the provisions of California Labor Code Section 1861, Consultant hereby certifies as
follows:
“I am aware of the provisions of Section 3700 of the Labor Code whic h
require every employer to be insured against liability for workers’
compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract.”
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12. For every subcontractor who will perform work on the project, Consultant shall be
responsible for such subcontractor’s compliance with Chapter 1 and Labor Code
Sections 1860 and 3700, and Consultant shall include in the written contract betwe en it
and each subcontractor a copy of those statutory provisions and a requirement that each
subcontractor shall comply with those statutory provisions. Consultant shall be required
to take all actions necessary to enforce such contractual provisions and ensure
subcontractor’s compliance, including without limitation, conducting a periodic review of
the certified payroll records of the subcontractor and upon becoming aware of the failure
of the subcontractor to pay his or her workers the specified prevaili ng rate of wages.
Consultant shall diligently take corrective action to halt or rectify any failure.
13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless
and defend (at Consultant’s expense with counsel reasonably acceptable to City) City, its
officials, officers, employees, agents and independent contractors serving in the role of
City officials, and volunteers from and against any demand or claim for damages,
compensation, fines, penalties or other amounts arising out of or incidental to any acts or
omissions listed above by any person or entity (including Consultant, its subcontractors,
and each of their officials, officers, employees and agents) in connection with any work
undertaken or in connection with the Agreement, including without limitation the payment
of all consequential damages, attorneys’ fees, and other related costs and expenses. All
duties of Consultant under this Section shall survive the termination of the Agreement.
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Agenda Item D
AGENDA STAFF REPORT
DATE:August 10, 2020
TO:Honorable Mayor and City Council
THRU:Jill R. Ingram, City Manager
FROM:Philip L. Gonshak, Chief of Police
SUBJECT:Extend Contract Services with the City of Long Beach for
Animal Control/Care Services
________________________________________________________________
SUMMARY OF REQUEST:
That the City Council adopt Resolution 7066:
1. Approving the Second Amendment to Agreement No. 34620 between the
City of Seal Beach and the City of Long Beach for Animal Care Services
for the City of Long Beach to provide Animal Care Services within the City
of Seal Beach, for one additional two-year period; and,
2. Authorizing the City Manager to execute the Second Amendment on
behalf of the City of Seal Beach along with any necessary documents and
amendments in relation thereto.
BACKGROUND AND ANALYSIS:
The City of Seal Beach is seeking to extend the agreement between the City of
Seal Beach and Long Beach for Animal Care Services (LBACS).
The City of Seal Beach has contracted services with the City of Long Beach for
Animal Care Services since 2010. The contract has been extended several times
during the last ten years with the last amendment to the contract ending in June
2020.
The City of Seal Beach is seeking to extend the contract for an additional two
years as set forth in the Second Amendment to Agreement No. 34620 dated
July 2, 2020. The second amendment to the contract will remain in effect until
June 30, 2022.
With the extension of this contract, the City of Long Beach agrees to provide
continuous animal control services as defined in the proposed agreement.
LBACS has become familiar with the Seal Beach community and the Seal Beach
Animal Care Center where stray animals are relocated and housed. Hence,
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LBACS continues to be the best option for animal care services for the City of
Seal Beach.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FINANCIAL IMPACT:
The year one (July 1, 2020 through June 30, 2021) cost is set at $175,840.
Year two of the Second Amendment includes an adjustment in the contract
amount based on the change in the Consumer Price Index, which shall not to
exceed 8% and shall not be less than zero (0). This is based on the Consumer
Price Index for the Los Angeles-Long Beach-Anaheim, CA Area. Refer to
Attachment C.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
MEASURE BB:
This item is not applicable to Measure BB, the Seal Beach Neighborhood and
Essential Services Protection Measure.
RECOMMENDATION:
That the City Council adopt Resolution 7066:
1. Approving the Second Amendment to Agreement No. 34620 between the
City of Seal Beach and the City of Long Beach for Animal Care Services
for the City of Long Beach to provide Animal Care Services within the City
of Seal Beach, for one additional two-year period; and,
2. Authorizing the City Manager to execute the Second Amendment on
behalf of the City of Seal Beach along with any necessary documents and
amendments in relation thereto.
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SUBMITTED BY: NOTED AND APPROVED:
Philip Gonshak Jill R. Ingram
Philip L. Gonshak, Chief of Police Jill R. Ingram, City Manager
Prepared by: Commander Michael Ezroj
ATTACHMENTS:
A. Resolution 7066
B. Original contract between the City of Seal Beach and City of Long Beach for
Animal Control/Care Services, plus first amendment (AGMT- Long Beach, City
of (Animal Control Services)
C. Long Beach Animal Control Second Amendment agreement
RESOLUTION 7066
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING THE EXTENSION OF THE CONTRACT WITH THE
CITY OF LONG BEACH FOR ANIMAL CARE SERVICES
WHEREAS the City of Seal Beach will continue to use the City of Long
Beach for contracted Animal Care Services; and,
WHEREAS the City of Seal Beach has used the City of Long Beach since
2010 for Animal Care Services and wishes to maintain that agreement; and,
WHEREAS the City of Long Beach will continue to provide quality Animal
Care Services for the City of Seal Beach and its residents.
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City Manager is authorized to execute the Agreement on behalf
of the City, along with any necessary documents and amendments thereto.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a
regular meeting held on the August 10, 2020 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Schelly Sustarsic, Mayor
ATTEST:
Gloria D. Harper, City Clerk
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution 7066 on file in the office of
the City Clerk, passed, approved, and adopted by the City Council at a regular
meeting held on the 10th day of August, 2020.
Gloria D. Harper, City Clerk
Agenda Item E
AGENDA STAFF REPORT
DATE:August 10, 2020
TO:Honorable Mayor and City Council
THRU:Jill R. Ingram, City Manager
FROM:Philip L. Gonshak, Chief of Police
SUBJECT:Grant Award from the Seal Beach Police Foundation to
Fund a Police Canine Program
________________________________________________________________
SUMMARY OF REQUEST:
That the City Council adopt Resolution 7067, approving the acceptance of a
$50,000 grant award from the Seal Beach Police Foundation (SBPF) to fund a
Police Canine program for the Seal Beach Police Department (SBPD).
BACKGROUND AND ANALYSIS:
The Seal Beach Police Foundation
The Seal Beach Police Foundation (SBPF) is a non-profit organization, 501(c)(3)
with the mission to provide support to the Police Department with supplemental
funding for equipment, training and programs. The SBPF is made up of
members of the community who are dedicated to improving the quality of life in
Seal Beach through the support of public safety. The Seal Beach Police
Foundation utilizes contributions of fellow citizens and funding partners to
enhance the SBPD’s efforts in the following areas: Community partnership and
advocacy with programs that enhance relationships between the community and
the SBPD; Employee Development, Wellness and Morale, Advanced Training,
Employee Recognition Programs; and finally, police service enhancements
through cutting-edge and specialized equipment and technology. By supporting
innovative projects in these funding areas, this has allowed the SBPD to launch
innovative and experimental projects furthering their ability to serve Seal Beach’s
public safety needs.
Dissolution and Grant Award
On January 14, 2020 the members of the Seal Beach Police Foundation
transmitted a letter to Seal Beach Police Chief Philip Gonshak informing him of
the dissolution of the Foundation and their intent to grant the remaining funds
held by the SBPF to the City of Seal Beach Police Department for the sole
purpose of funding a police canine program, in the amount of $50,000. With the
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successful passage of Measure BB, the SBPF Board of Directors voted
unanimously to dissolve their non-profit status and disband the Foundation. Prior
to completely dissolving the SBPF, the remaining monies must be dispersed and
The Board of Directors voted to fund a Police Canine program for the SBPD.
Police Canine Program
Police canine programs are assigned to assist and supplement the Operations
Bureau of the SBPD. The standards for police canine teams are established by
the California Commission on Peace Officer Standards and Training (POST).
POST provides recommendations and guidelines for the training, employment
and use of canine teams, including but not limited to; Patrol Guidelines, Detection
Guidelines, Obedience Guidelines, Searching Guidelines, Apprehension
Guidelines, and Handler Protection. Should this grant award be accepted, the
SBPD will present a prospective canine program to the City Council for approval
within the very near future.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
No legal analysis is required for this item.
FINANCIAL IMPACT:
There is no monetary cost for approving the acceptance of the $50,000 grant to
the Seal Beach Police Department for the purpose of funding a Police Canine
Program.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
MEASURE BB:
This item is not applicable to Measure BB, the Seal Beach Neighborhood and
Essential Services Protection Measure.
RECOMMENDATION:
That the City Council adopt Resolution 7067, approving the acceptance of a
$50,000 grant award from the Seal Beach Police Foundation (SBPF) to fund a
Police Canine program for the Seal Beach Police Department (SBPD).
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SUBMITTED BY: NOTED AND APPROVED:
Philip Gonshak Jill R. Ingram
Philip L. Gonshak, Chief of Police Jill R. Ingram, City Manager
Prepared by: Commander Michael Henderson
ATTACHMENTS:
A. Resolution 7067
RESOLUTION 7067
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
ACCEPTING A DONATION OF $50,000 FROM THE SEAL
BEACH POLICE FOUNDATION TO FUND A POLICE CANINE
PROGRAM FOR THE SEAL BEACH POLICE DEPARTMENT
WHEREAS the Seal Beach Police Foundation has awarded the Seal
Beach Police Department with a donation of $50,000 for the establishment of a
Police Canine program; and,
WHEREAS the Seal Beach Police department will use this program to
provide the highest level of service to the City of Seal Beach residents and
visitors, and,
WHEREAS the Seal Beach Police Department will accept these funds and
apply them as directed from the Seal Beach Police Foundation for the creation of
the canine program.
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City Council hereby accepts the donation for the establishment of
a Police Canine program for the Seal Beach Police Department.
Section 2. The City Council hereby approves Budget Amendment 21-02-01 to
recognize revenue and appropriate $50,000 into the Police Departments
operating budget in the Special Project Fund 004 as follows:
Description Account Adopted
Budget
Proposed
Budget
Budget
Amendment
Donations 004-601-30962 $0 $50,000 $50,000
Special Expense 004-601-44001 $0 $50,000 $50,000
Section 3. The Council hereby authorizes the City Manager or her designee to
execute on behalf of the City of Seal Beach all contracts and necessary
documents and amendments in relation thereto.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a
regular meeting held on the August 10, 2020 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Schelly Sustarsic, Mayor
ATTEST:
Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution 7067 on file in the office of
the City Clerk, passed, approved, and adopted by the City Council at a regular
meeting held on the 10th day of August, 2020.
Gloria D. Harper, City Clerk