HomeMy WebLinkAboutAgenda Packet_07262021•F •SE At
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A G E N D A
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MEETING OF THE CITY COUNCIL
Monday, July 26, 2021 - 7:00 PM
ALL COUNCIL MEMBERS AND STAFF WILL PARTICIPATE VIA
TELECONFERENCE
JOE KALMICK
MAYOR
First District
MIKE VARIPAPA
MAYOR PRO TEM
Third District
SCHELLY SUSTARSIC
COUNCIL MEMBER
Fourth District
THOMAS MOORE
COUNCIL MEMBER
Second 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 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. seal beachca.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 July 26,
2021. 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 AND PUBLIC HEARING: 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.seaIbeachca.gov/Government/Agendas-Notices-Meeting-Videos/Council-
Commission-Meetings . Those members of the public wishing to call in to comment are
asked to send contact information, including phone number to the City Clerk at
gharper@sealbeachca.gov, no later than 5:30pm on July 26, 2021 to receive
instructions on how to join the meeting. 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
• Introduction of New Water Operator Joseph Santoyo
PUBLIC COMMUNICATIONS (VIA EMAIL AND CALL IN ONLY)
At this time members of the public may address the Council regarding the items on this
City Council 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 no later than 5:30 pm on July 26, 2021. Those
members of the public wishing to call in to comment during the Public Hearing portion of
the meeting are asked to send contact information, including phone number to the City
Clerk at gharper@sealbeachca.gov, no later than 5:30pm on July 26, 2021 to receive
instructions on how to join the meeting. 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 June 28, 2021 City Council Minutes - That the City Council
approve the minutes of the Closed Session and Regular City Council meeting
held on June 28, 2021.
B. Demands on City Treasury (Fiscal Year 2021 and 2022) — July 26, 2021
- Ratification.
C. Monthly Investment Report — June 30, 2021 - Receive and file.
D. Second Reading and Adoption of Ordinance 1689 - That the City Council
adopt Ordinance 1689 titled "An Ordinance of the City of Seal Beach Amending
Title 11 of the Seal Beach Municipal Code Regarding Regulations for the
Placement of Flags and Flagpoles on Residential Properties and Finding the
Ordinance to be Exempt from the California Environmental Quality Act."
E. 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 7172 approving and
authorizing the City Manager to execute a Professional Services Agreement with
Transtech Engineers, Inc., for Building Division services.
F. Approving and Authorizing a Memorandum of Understanding with the
Child Abuse Services Team - That the City Council adopt Resolution 7173:
1. Approving the Memorandum of Understanding with the Child Abuse Services
Team; and, 2. Authorizing the City Manager to execute the Agreement.
G. Awarding and Authorizing a Professional Services Agreement with NV5,
Inc. for the Bolsa Chica Water Well Improvements (WT1603) — Construction
Management and Inspection Services - That the City Council adopt Resolution
7174: 1. Approving and awarding a Professional Services Agreement with NV5,
Inc. in a not -to -exceed amount of $260,375 to provide construction management
and inspection services for the Bolsa Chica Water Well Improvements (CIP
WT1603); and, 2. Authorizing and directing the City Manager to execute the
Agreement; and, 3. Authorizing the City Manager to approve additional work
requests up to the total amount of $20,000 in connection with the Project.
H. Notice of Completion for Navy Reservoir External Cathodic Protection
System Improvements, CIP WT2107 - That the City Council adopt Resolution
7175: 1. Accepting the Navy Reservoir External Cathodic Protection System
Improvements, CIP WT2107, by J&L Constructors, Inc. in the amount of
$63,927.05; and, 2. Directing the City Clerk to file a "Notice of Completion" with
the Orange County Clerk -Recorder within fifteen (15) days from the date of
acceptance and to release retention 35 days after recordation of the Notice of
Completion contingent upon no claims being filed on the Project.
I. Awarding and Authorizing the City Manager to Execute a Professional
Maintenance Services Agreement with ACCO Engineered Systems, Inc. for
HVAC Maintenance and Repair Services - That the City Council adopt
Resolution 7176: 1. Approving and awarding a professional maintenance
services agreement with ACCO Engineered Systems, Inc., in the amount of
$60,598.58 to provide HVAC Maintenance and Repair Services for a one-year
term; and, 2. Authorizing and directing the City Manager to execute the
Agreement; and, 3. Authorizing the City Manager the option to extend the
Agreement up to four (4) additional one-year terms after its original term.
J. Amend Classification Plans and Designate Pay Grades and Status of
Financial Analyst Classification, Office Specialist Classification and
Recreation Specialist Classification - That the City Council adopt Resolution
7177 approving: 1. An amendment to the Regular Employees Classification
Plan by adding the classification of Financial Analyst and Recreation Specialist;
and, 2. An amendment to the Part -Time Employees Classification Plan by adding
the classification of Office Specialist; and, 3. Pay grades and status for those
positions.
K. Amendment of a Professional Services Agreement with MV Cheng &
Associates for Temporary Finance Staff Needs - That the City Council adopt
Resolution 7178 authorizing the City Manager to amend extend an existing
Professional Services Agreement with MV Cheng & Associates for a not -to -
exceed amount of $75,000 for temporary accounting staff needs.
L. Approve the Memorandum of Understanding with the Seal Beach Marine
Safety Management Association for the Period of July 1, 2021 through June
30, 2024 - That the Council adopt Resolution 7179: 1. Approving the
Memorandum of Understanding with the Seal Beach Marine Safety Management
Association (SBMSMA) for the period of July 1, 2021 through June 30, 2024; and,
2. Authorizing the City Manager to execute a Memorandum of Understanding
with the Seal Beach Marine Safety Management Association.
M. Approve the Memoranda of Understanding (MOUs) between the City of
Seal Beach and the Seal Beach Police Management Association and the
Seal Beach Police Officers Association for the period of July 1, 2020
through June 30, 2024 - That the City Council adopt Resolution 7180: 1.
Approving the Memoranda of Understanding between the City of Seal Beach
and the Seal Beach Police Management Association and the Seal Beach Police
Officers Association for the period of July 1, 2020 through June 20, 2024; and,
2. Authorizing the City Manager to execute the Memoranda of Understanding
(MOUs) between the City of Seal Beach and the Seal Beach Police Management
Association and the Seal Beach Police Officers Association.
N. Appointment of Barry Curtis as Interim Community Development Director
- That the City Council adopt Resolution 7181 approving the appointment of
Barry Curtis as Interim Community Development Director.
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC HEARING
O. Zone Text Amendment 21-1 amending portions of Title 11 of the Seal Beach
Municipal Code pertaining to Accessory Dwelling Units (ADUs) consistent
with State law requirements; and, Introduction for First Reading of
Ordinance Amending portions of Title 11 of the Seal Beach Municipal Code
pertaining to Accessory Dwelling Units (ADUs) - That the City Council: 1.
Hold a duly noted public hearing; and, 2. Introduce Zone Text Amendment 21-1
and introduce for first reading, and waive further reading of Ordinance 1690,
amending Title 11 of the Seal Beach Municipal Code pertaining to Accessory
Dwelling Units and finding the Ordinance to be Exempt from the California
Environmental Quality Act; and, 3. Schedule the second reading of Ordinance
1690 for the August 9, 2021 City Council meeting.
UNFINISHED / CONTINUED BUSINESS — None
NEW BUSINESS
P. Approval of the Annual Special Taxes for Community Facilities District No.
2002-01 "Heron Pointe" - That the City Council adopt Resolution 7182
approving the Fiscal Year 2021-2022 special tax levy for Community Facilities
District No. 2002-01 "Heron Pointe."
Q. Approval of the Annual Special Taxes for Community Facilities District No.
2002-02 "Seal Beach Blvd./Lampson Ave. Landscape Maintenance
District" - That the City Council adopt Resolution 7183 approving the Fiscal
Year 2021-2022 special tax levy for Community Facilities District No. 2002-02
"Seal Beach Blvd/Lampson Ave. Landscape Maintenance District."
R. Approval of the Annual Special Taxes for Community Facilities District No.
2005-01 "Pacific Gateway Business Center" - That the City Council adopt
Resolution 7184 approving the Fiscal Year 2021-2022 special tax levy for
Community Facilities District No. 2005-01 "Pacific Gateway Business Center."
S. Formation of Seal Beach Historic Resources Foundation - That the City
Council adopt Resolution 7185: 1. Approving the Articles of Incorporation and
Initial Bylaws for the Seal Beach Historic Resources Foundation and directing
the City Clerk to file the Articles of Incorporation with the Secretary of State; and,
2. Appoint the initial five members of the Board of Directors.
T. Discussion Regarding Proposed Amendment to the Seal Beach Municipal
Code 8.20.015 Head in Parking Only - Council Member Moore requested
discussion of this item, and there was Council consensus at the May 24, 2021
Council meeting, to direct staff to bring this item back to Council for discussion.
That the City Council consider the proposed amendments to the City's "head
in" parking regulations and: 1. Adopt Ordinance 1691 providing an exception to
"head in" parking requirements for certain vehicles parked in beach parking lots;
or, 2. Provide alternate direction to staff.
ADJOURNMENT
Adjourn the City Council in memory of Iconic Seal Beach surfboard maker and owner of
Harbour Surfboards Rich Harbour, to Monday, August 9, 2021 at 5:30 p.m. to meet in
closed session, if deemed necessary.
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AGENDA STAFF REPORT
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DATE: July 26, 2021
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Approval of the June 28, 2021 City Council Minutes
SUMMARY OF REQUEST:
That the City Council approve the minutes of the Closed Session and Regular City
Council meeting held on June 28, 2021.
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.
Agenda Item A
RECOMMENDATION:
That the City Council approve the minutes of the Closed Session and Regular City
Council meeting held on June 28, 2021.
SUBMITTED BY:
Gloria D. Harper
Gloria D. Harper, City Clerk
Prepared by: Dana Engstrom, Deputy City Clerk
ATTACHMENTS:
A. Minutes — Closed Session
B. Minutes — Regular Session
Page 2
NOTED AND APPROVED:
Jill R. Ingram
Jill R. Ingram, City Manager
Seal Beach, California
June 28, 2021
The City Council met in Closed Session at 6:35 p.m. via teleconference.
ROLL CALL
Present: Mayor Kalmick
Council Members: Varipapa, Sustarsic, Massa-Lavitt, Moore
Absent: None
City Staff: Craig A. Steele, City Attorney
Jill R. Ingram, City Manager
Gloria D. Harper, City Clerk
ORAL COMMUNICATIONS
Mayor Kalmick opened oral communications. City Clerk Harper announced that no
supplemental communications were received. Mayor Kalmick then closed oral
communications.
CLOSED SESSION
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code §54957(b)
Title: City Manager
ADJOURNMENT
Mayor Kalmick adjourned the Closed Session meeting at 7:00 p.m.
Approved:
Attested:
Joe Kalmick, Mayor
Gloria D. Harper, City Clerk
Gloria D. Harper, City Clerk
City of Seal Beach
Seal Beach, California
June 28, 2021
The City Council met in Regular Session at 7:03 p.m. via teleconference.
ROLL CALL
Present: Mayor Kalmick
Council Members: Varipapa, Moore, Sustarsic, Massa-Lavitt
Absent: None
City Staff: Craig A. Steele, City Attorney
Jill R. Ingram, City Manager
Patrick Gallegos, Assistant City Manager
Philip L. Gonshak, Chief of Police
Joe Bailey, Chief, Marine Safety Department
Les Johnson, Director of Community Development
Kelly Telford, Director of Finance/City Treasurer
Gloria D. Harper, City Clerk
Dana Engstrom, Deputy City Clerk
Justin Truhill, Orange County Fire Authority, Battalion Chief
Iris Lee, Deputy Director of Public Works/City Engineer
APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND
ORDINANCES
City Clerk Harper announced that seven (7) supplemental communications were
received after 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 Council Member Varipapa, to approve the
agenda.
City Clerk Harper took a roll call vote to approve the agenda.
AYES:
Kalmick, Varipapa, Moore, Sustarsic, Massa-Lavitt
NOES:
None
ABSENT:
None
ABSTAIN:
None
Motion carried
PRESENTATIONS / RECOGNITIONS
• Seal Beach COVID-19 Local Emergency Review
• Swearing -In of New Police Officers — Pre-recorded
• Recognition of Motor Officer Cory Montgomery for being recognized by Mothers
Against Drunk Drivers (MADD) for DUI Arrests
• Naval Weapons Station Concurrent Legislative Jurisdiction Request
ORAL COMMUNICATIONS
Mayor Kalmick opened oral communications. City Clerk Harper announced that no
email communications were received. Mayor Kalmick then closed oral communications.
CITY ATTORNEY REPORT
City Attorney Steele reported that prior to the meeting the City Council met in Closed
Session to discuss the one item posted on the agenda and indicated the City Council
took no reportable action.
CITY MANAGER REPORT
City Manager Ingram announced that Community Development Director Les Johnson
will be retiring after nearly thirty years of public service. She congratulated Johnson and
indicated that he had a significant impact in the City, especially during a global
pandemic, and will be missed. Additionally, Community Development Director Johnson
thanked his staff, the Executive Team, the Council, the City Manager, and his
colleagues for their hard work and support.
COUNCIL COMMENTS
Council Member Massa-Lavitt provided an Orange County Vector Control Board
update. She indicated that the Orange County Sanitation District is moving forward with
several large projects.
Council Member Moore indicated that he attended a Golden Rain Foundation
recognition dinner for the leadership team. He thanked the City for getting the senior
shuttle program reinstituted for Leisure World residents and thanked the Community
Services Department for repaving the basketball court in Edison Park. Additionally, he
wished Community Development Director Johnson well with his future endeavors and
thanked him for his service over the past year.
Council Member Sustarsic thanked Community Development Director Johnson for all
his service over the past year, especially with issues regarding code enforcement. She
thanked Police Chief Gonshak for his 16 months of COVID-19 updates, and also
thanked the Public Works Department regarding 1-405 updates. Additionally, she
indicated that she attended Gordon Shanks memorial service, a Los Alamitos Unified
School District Working Group meeting, and a Regional Military Affairs Committee
meeting where they announced they will be hosting the 4t" of July fireworks event.
Council Member Sustarsic reported that she was introduced to the new United States
Olympic Water Polo team and announced that Seal Beach resident Rachael Fattal was
selected to join the team — she wished them the best of luck. She also announced the
return of the Huntington Beach Pacific Air Show the first weekend in October.
Mayor Pro Tem Varipapa wished Community Development Director Johnson all the
best and indicated his appreciation for all he did for the community and enjoyed getting
to know him.
Mayor Kalmick congratulated Community Development Director Johnson on his
retirement noting although his tenure was short, his impact was tremendous here at the
City. He mentioned the importance of firework safety and to be safe while celebrating
the 4t" of July holiday. He noted that he attended the open house ceremony for the new
contract for the firefighting helicopters funded by Southern California Edison which
included a demonstration. He indicated that each helicopter can carry 3,000 gallons of
fire retardant or water and can make a serious impact on a fire.
COUNCIL ITEMS
There were no Council Items.
CONSENT CALENDAR
Council Member Massa-Lavitt moved, second by Mayor Pro Tem Varipapa, to approve
the recommended actions on the consent calendar.
A. Approval of the June 14, 2021 City Council Minutes - That the City Council
approve the minutes of the Closed Session and Regular City Council meeting held on
June 14, 2021.
B. Demands on City Treasury (Fiscal Year 2021) — June 28, 2021 - Ratification.
C. Monthly Investment Report — May 31, 2021 - Receive and file.
D. Authorizing an Application for the Defense Community Infrastructure Program
Grant for Sewer Pump Station #35 Improvement Project - That the City Council
adopt Resolution 7168 authorizing the City Manager to submit a Defense Community
Infrastructure Program grant funding application for Sewer Pump Station #35
Improvement Project.
E. Approving, Authorizing and Supporting the Change to Jurisdictional Status of
the Naval Weapons Station Seal Beach to Concurrent Legislative Jurisdiction -
That the City Council adopt Resolution 7169 approving, authorizing, and supporting the
change to the jurisdictional status of the Naval Weapons Station Seal Beach to
Concurrent Legislative Jurisdiction.
F. Fiscal Year 2021-22 Statement of Investment Policy and Delegation of Authority
- That the City Council adopt Resolution 7170 approving the FY 2021-22 Statement of
Investment Policy and Delegation of Authority to the Director of Finance/City Treasurer.
City Clerk Harper took a roll call vote to approve the consent calendar items.
AYES:
Kalmick, Varipapa, Sustarsic, Moore, Massa-Lavitt
NOES:
None
ABSENT:
None
ABSTAIN:
None
Motion carried
ITEMS REMOVED FROM CONSENT CALENDAR
No items were removed from the consent calendar.
PUBLIC HEARING
G. Resolution Adjusting the Bidding Threshold 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 7171: 1. Confirming the adjustment
of bidding threshold for Public Works contracts to $36,514 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 $36,514 pursuant
to City Charter 420 and Resolution 6384.
Deputy Director of Public Works/City Engineer Lee provided a comprehensive
background on the staff report. There were no Council Member questions.
Mayor Kalmick opened the public hearing. Speakers: None. Mayor Kalmick closed the
public hearing.
Mayor Pro Tem Varipapa moved, second by Council Member Massa-Lavitt, to adopt
Resolution 7171: 1. Confirming the adjustment of bidding threshold for Public Works
contracts to $36,514 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 $36,514 pursuant to City Charter 420 and
Resolution 6384.
City Clerk Harper took a roll call vote to approve Item G.
AYES:
Kalmick, Varipapa, Sustarsic, Moore, Massa-Lavitt
NOES:
None
ABSENT:
None
ABSTAIN:
None
Motion carried
H. Zone Text Amendment 21-2 Amending portions of Title 11 of the Seal Beach
Municipal Code regarding Regulations for the Placement of Flags and Flagpoles
on Residential Properties - That the City Council: 1. Hold a duly noticed public
hearing, and; 2. Introduce Zone Text 21-2 for first reading and waive further reading of
Ordinance 1689, amending Title 11 of the Seal Beach Municipal Code regarding
Regulations for the Placement of Flags and Flagpoles on Residential Properties and
Finding the Ordinance to be Exempt from the California Environmental Quality Act, and;
3. Schedule the second reading of Ordinance 1689 for the July 26, 2021 City Council
meeting.
Community Development Director Les Johnson introduced Interim Senior Planner Barry
Curtis who provided comprehensive background information on the staff report. There
was general discussion regarding amending the language in the Ordinance and Council
Member questions were addressed.
Amended language: Flags/Flagpoles. Each site may contain no more than one ground -
mounted flagpole not to exceed 25 feet in height above grade with a maximum of two
flags displayed on the flagpole, and not more than one wall -mounted flag. No flag shall
exceed 15 square feet in size. Flags shall not contain commercial copy. This section
shall also apply to flags on temporary flagpoles.
Mayor Kalmick opened the public hearing. Speakers: None. Mayor Kalmick closed the
public hearing.
Council Member Massa-Lavitt moved, second by Mayor Pro Varipapa, to approve as
amended the introduction of Zone Text 21-2 for first reading and waive further reading
of Ordinance 1689, amending Title 11 of the Seal Beach Municipal Code regarding
Regulations for the Placement of Flags and Flagpoles on Residential Properties and
Finding the Ordinance to be Exempt from the California Environmental Quality Act, and
to schedule the second reading of Ordinance 1689 for the July 26, 2021 City Council
meeting.
City Clerk Harper took a roll call vote to approve Item H.
AYES:
Kalmick, Varipapa, Sustarsic, Moore, Massa-Lavitt
NOES:
None
ABSENT:
None
ABSTAIN:
None
Motion carried
UNFINISHED/CONTINUED BUSINESS
There were no unfinished/continued business items.
NEW BUSINESS
I. Local Coastal Program - Update
Community Development Director Les Johnson provided a brief history on the item and
introduced Project Manager Chris Johnson and Noelle Stelle from Michael Baker
International who provided a comprehensive project status update on the Local Coastal
Program. Council Members provided feedback and questions were addressed.
ADJOURNMENT
Mayor Kalmick adjourned the City Council meeting at 9:15 p.m. to Monday, July 26,
2021 (the July 12, 2021 meeting has been cancelled), at 5:30 p.m. to meet in closed
session, if deemed necessary.
Gloria D. Harper, City Clerk
City of Seal Beach
Approved:
Joe Kalmick, Mayor
Attested:
Gloria D. Harper, City Clerk
City of Seal Beach
Fiscal Year 2021
Warrant Listing for Council Meeting 7-26-2021
Approve by Minute Order Demands on Treasury:
Warrants-A/P:
Payroll:
Checks 20123 - 20262
$ 1,027,759.30
$ 1,027,759.30
Year -to -Date: $ 36,636,075.74
Year -to -Date: $ 16,021,646.85
Note: Year-to-date amounts are actual cash disbursements and do not reflect actual expenditures
due to year-end accruals.
Respectfully submitted by:
- W*
Kelly Tel r CPA
Director of Finance/City Treasurer
0-1 t I ot � 2,0 2- t
Date
City of Seal Beach Accounts Payable Printed: 07/16/2021 10:13
User:vrodriguez Checks by Date - Detail By Check Date Detail
Check Amount
Check No:
20123 Check Date: 06/24/2021
Vendor:
4IM 41MPRINT, INC.
9008073
Seal Beach Station 41 ceramic mugs
06/08/2021
410.29
Check Total:
410.29
Check No:
20124 Check Date: 06/24/2021
Vendor:
ABB05 Charles Abbott Associates, Inc
62611
Permit Software- May 2021
05/31/2021
1,000.00
Check Total:
1,000.00
Check No:
20125 Check Date: 06/24/2021
Vendor:
AKMO1 AKM Consulting Engineers
0011044
6th St Alley Sewer Repair
05/13/2021
20,440.00
0011092
City Standard Plans Update -May 2021
06/03/2021
14,752.50
Check Total:
35,192.50
Check No:
20126 Check Date: 06/24/2021
Vendor:
ame73 American Elevator Services Inc
S124846
Services May 2021
06/01/2021
90.00
Check Total:
90.00
Check No:
20127 Check Date: 06/24/2021
Vendor:
APL APLPD HOLDCO INC. & Subsidiary
OGCT000508 Container Rental 6-9 to 7-8-2021
06/08/2021
287.30
Check Total:
287.30
Check No:
20128 Check Date: 06/24/2021
Vendor:
ARA05 Aramark Uniform Services
5890001438
Floor mat service (City Hall & City Yard
05/27/2021
55.34
5890001476
Floor mat service (City Hall & City Yard
06/03/2021
49.13
5890001476
Floor mat service (City Hall & City Yard
06/03/2021
49.14
5890001476
Floor mat service (City Hall & City Yard
06/03/2021
55.34
5890001476
Floor mat service (City Hall & City Yard
06/03/2021
55.34
5890001519
Floor mat service (City Hall & City Yard
06/10/2021
55.34
5890001519
Floor mat service (City Hall & City Yard
06/10/2021
55.34
5890001519
Floor mat service (City Hall & City Yard
06/10/2021
49.13
5890001519
Floor mat service (City Hall & City Yard
06/10/2021
49.14
5890001438
Floor mat service (City Hall & City Yard
05/27/2021
49.13
5890001438
Floor mat service (City Hall & City Yard
05/27/2021
49.14
5890001438
Floor mat service (City Hall & City Yard
05/27/2021
55.34
Check Total:
626.85
Check No:
20129 Check Date: 06/24/2021
Vendor:
ARD Ardurra Group Inc.
115204
Pump Station 35 Upgrade Proj \ Pump Stat
06/08/2021
100.00
115204
6th St Alley Sewer Repair \ 6th St Alley
06/08/2021
750.00
115204
6th St Alley Sewer Repair \ 6th St Alley
06/08/2021
750.00
Check Total:
1,600.00
Check No:
20130 Check Date: 06/24/2021
Vendor:
B&H02 B&H Photo -Video
189390335
FLIR PTQ136 320x256 thermal monocular/60
05/31/2021
2,207.96
Check Total:
2,207.96
Check No:
20131 Check Date: 06/24/2021
Vendor:
BALDERRA Bruno Balderrama
W20676
Reimb.Purchase of Honor Guard Uniform
06/14/2021
734.23
Check Total:
734.23
Check No:
20132 Check Date: 06/24/2021
Vendor:
BAT06 Battery Systems Inc
6598731
Battery
04/22/2021
134.51
Check Total:
134.51
Check No:
20133 Check Date: 06/24/2021
Vendor:
BAY08 Bay Hardware
356063
Door Stops/ Drawer Locks
05/30/2021
63.12
356120
Rubber Adhesive
06/03/2021
4.88
356208
Metal Cutting/ Leather Gloves
06/10/2021
45.60
356265
Pink Tool Bag
06/14/2021
43.47
356119
Caution Tape/Caulk Gun/ Sealant
06/03/2021
53.51
Page 1
City of Seal Beach
Accounts Payable
Printed: 07/16/2021 10:13
User:vrodriguez Checks
by Date - Detail By Check Date
Detail
Check Amount
356155
Rustoleum Spray/ Battery Booster Cable
06/06/2021
23.29
356169
Kitchen Bags
06/07/2021
20.30
356234
Barrel Bolt
06/11/2021
10.76
356206
Brass Lock/Screws/ Nuts/Bolts
06/10/2021
29.35
356213
Screws/Nuts/ Bolts/Anchors
06/10/2021
9.70
356093
Screws/Nuts/Bolts/ Anchors
06/02/2021
27.89
356200
Lightning Charging Cable
06/09/2021
16.30
356298
Screws/ Nuts/ Bolts
06/15/2021
1.09
356172
Knit Cover/ Screws/ Nuts/ Bolts
06/08/2021
17.37
356115
Rake/Broom/ Gloves/ Towels
06/03/2021
204.22
356033
Gasket/ Tank to Bowl Bolt Kit
05/27/2021
5.86
356031
Outdoor Cord/ Tank to Bowl Bolt Kit
05/27/2021
47.07
356013
Bit Tool/ Shears/ Caulk Gun/Liquid Nails
05/26/2021
125.40
355898
Key Cutting
05/19/2021
7.54
356095
Soap Dispenser
06/02/2021
32.27
356181
Chain
06/08/2021
23.93
356305
Ice Detailer Spray
06/16/2021
32.59
356326
Silicone Caulk
06/17/2021
17.38
355781
Conduit/ Couplings/Elbows
05/10/2021
53.12
356019
Alligator Clip/Shop Light
05/27/2021
63.19
356309
Gripper Gloves/ Battery
06/16/2021
32.84
356279
Paint/Knit Cover / Roller Frame
06/15/2021
137.18
356289
Credit/Return Bolt Kit -Inv 356033
06/15/2021
-20.10
Check Total:
1,129.12
Check No:
20134 Check Date: 06/24/2021
Vendor:
BEN11 TASC - Client Invoice
IN2038842
Services June 2021
06/01/2021
215.18
IN2042177
Services May 2021
06/05/2021
150.00
Check Total:
365.18
Check No:
20135 Check Date: 06/24/2021
Vendor:
BRI02 Briggeman Disposal
W21324
Refuse Services - May 2021
06/14/2021
-4,640.09
W21324
Refuse Services - May 2021
06/14/2021
-8,120.16
W21324
Refuse Services - May 2021
06/14/2021
12,760.25
W21324
Refuse Services - May 2021
06/14/2021
103,241.99
Check Total:
103,241.99
Check No:
20136 Check Date: 06/24/2021
Vendor:
BSN02 BSN SPORTS, INC.
912736149
Pickleball Net for Tennis Center
05/18/2021
380.18
Check Total:
380.18
Check No:
20137 Check Date: 06/24/2021
Vendor:
C301 C3 Technology Services
INV 133315
Services 5-10 to 6-9-2021
06/10/2021
814.42
INV 133384
Services 5-13 to 6-12-2021
06/14/2021
1,020.42
INVI33482
Services 5-15 to 7-14-2021
06/15/2021
1,015.19
Check Total:
2,850.03
Check No:
20138 Check Date: 06/24/2021
Vendor:
cab10 Cabco Yellow Inc
5520021
Services May 2021
05/31/2021
4,308.00
Check Total:
4,308.00
Check No:
20139 Check Date: 06/24/2021
Vendor:
CALPERED CALPERS
W21322
OPEB Contribution FY 20-21
06/14/2021
242,496.95
Check Total:
242,496.95
Check No:
20140 Check Date: 06/24/2021
Vendor:
CAMOI Campbell Printing, Inc.
C21-034
Matte Vinyl Stickers with No Coating
06/08/2021
210.98
Check Total:
210.98
Check No:
20141 Check Date: 06/24/2021
Vendor:
CAT03 Catalina Channel Express
G0328545
50 ppl -Jr Guard Trip 7-6-2021
04/05/2021
2,800.00
G0328546
50 ppl -Jr Guard Trip 7-7-2021
04/05/2021
2,800.00
Page 2
City of Seal Beach Accounts Payable Printed: 07/16/2021 10:13
User:vrodriguez Checks by Date - Detail By Check Date Detail
Page 3
Check Amount
G0328547
50 pp] -Jr Guard Trip 7-8-2021
04/05/2021
2,800.00
G0328548
50 ppl -Jr Guard Trip 8-3-2021
04/05/2021
2,800.00
G0328549
50 ppl -Jr Guard Trip 8-4-2021
04/05/2021
2,800.00
G0328550
50 ppl -Jr Guard Trip 8-5-2021
04/05/2021
2,800.00
Check Total:
16,800.00
Check No:
20142 Check Date: 06/24/2021
Vendor:
CCMF California City Management Fou
W18649
2021/22 Membership- J Ingram
06/08/2021
400.00
Check Total:
400.00
Check No:
20143 Check Date: 06/24/2021
Vendor:
CFP01 California Forensic Phlebotomy
1643
DUI blood draws -May 2021
06/01/2021
678.00
Check Total:
678.00
Check No:
20144 Check Date: 06/24/2021
Vendor:
CIN04 Cintas Corporation # 640
4085836326
Uniform Services 6-1-2021
06/01/2021
47.60
4085836326
Uniform Services 6-1-2021
06/01/2021
18.32
4085836326
Uniform Services 6-1-2021
06/01/2021
4.22
4085836326
Uniform Services 6-1-2021
06/01/2021
8.50
4085836326
Uniform Services 6-1-2021
06/01/2021
4.15
4085836326
Uniform Services 6-1-2021
06/01/2021
40.24
4087052793
Uniform Services 6-14-2021
06/14/2021
306.26
4087052793
Uniform Services 6-14-2021
06/14/2021
18.32
4087052793
Uniform Services 6-14-2021
06/14/2021
3.45
4087052793
Uniform Services 6-14-2021
06/14/2021
8.50
4087052793
Uniform Services 6-14-2021
06/14/2021
4.15
4087052793
Uniform Services 6-14-2021
06/14/2021
28.86
1902213733
T -Shirts
05/26/2021
97.34
4086412021
Uniform Services 6-7-2021
06/07/2021
63.35
4086412021
Uniform Services 6-7-2021
06/07/2021
18.32
4086412021
Uniform Services 6-7-2021
06/07/2021
4.22
4086412021
Uniform Services 6-7-2021
06/07/2021
8.50
4086412021
Uniform Services 6-7-2021
06/07/2021
4.15
4086412021
Uniform Services 6-7-2021
06/07/2021
28.86
Check Total:
717.31
Check No:
20145 Check Date: 06/24/2021
Vendor:
CIT26 City Of Huntington Beach
600999
Loan Payment #13 for OC -35
05/21/2021
21,629.00
Check Total:
21,629.00
Check No:
20146 Check Date: 06/24/2021
Vendor:
CLASBY Julia Clasby
W20672
Reimb Purchase of Honor Guard Pins
06/07/2021
150.05
Check Total:
150.05
Check No:
20147 Check Date: 06/24/2021
Vendor:
CLE11 CleanStreet Inc.
100217CS
Street Sweeper Services -May 2021
05/31/2021
14,013.83
Check Total:
14,013.83
Check No:
20148 Check Date: 06/24/2021
Vendor:
CLI06 Climatec LLC
955011533
City Yard break room HVAC issues
05/26/2021
815.00
Check Total:
815.00
Check No:
20149 Check Date: 06/24/2021
Vendor:
COD04 Code 5 Group, LLC
3190
4G LTE Sealed case slap on tracker
06/08/2021
412.00
Check Total:
412.00
Check No:
20150 Check Date: 06/24/2021
Vendor:
COM46 Commercial Aquatic Services
I21-2779
Chemicals Delivered 5-20-21
05/20/2021
93.94
I21-2820
Chemicals Delivered 5-24-21
05/24/2021
397.28
I21-2954
Chemical Feeder/ Reagent
06/04/2021
102.51
I21-2994
Chemicals Delivered 6-2-21
06/02/2021
426.93
I21-2911
Pool maintenance May 2021
05/31/2021
2,175.00
Page 3
City of Sea] Beach Accounts Payable Printed: 07/16/2021 10:13
User:vrodriguez Checks by Date - Detail By Check Date Detail
I21-3116
Chemicals Delivered 6-10-21
06/10/2021
121-2855
Chemicals Delivered May 21
05/31/2021
I21-2264
Chemicals Delivered April 8 & 15 2021
04/30/2021
I21-2449
Chemicals Delivered 4-30-21
04/30/2021
I21-2454
Chemicals Delivered 4-30-21
04/30/2021
I21-2493
Pool Services April 2021
04/30/2021
I21-2372
Chemicals Delivered 4-23-21
04/23/2021
I21-2379
Chemicals Delivered 4-23-21
04/23/2021
I21-2607
Chemicals Delivered 5-7-21
05/14/2021
I21-2739
Chemicals Delivered 5-18-21
05/18/2021
I21-2719
Chemicals Delivered 5-15-21
05/15/2021
I21-2288
Chemicals Delivered 4-17-21
04/17/2021
I21-2214
Chemicals Delivered 4-14-21
04/14/2021
Check No:
20151 Check Date: 06/24/2021
Vendor:
COM47 Commercial Building Management
68145
Janitorial Contract- May 2021
06/01/2021
68146
Janitorial Contract- Beach -May 2021
06/01/2021
Check No: 20152 Check Date: 06/24/2021
Vendor: CON38 Convergint Technologies LLC
291937 Genetec Advantage Renewal for Unified
601 SK7907- Supply and install CAT6 cable network
Check No:
20153 Check Date: 06/24/2021
Vendor:
con43 Control Tech West Inc
3198
Intelight 1C modules with MaxTime
Check No:
20154 Check Date: 06/24/2021
Vendor:
COR23 CORODATA
RS4701472
Services May 2021
Check No:
20155 Check Date: 06/24/2021
Vendor:
COU32 County of Orange
SC12877
Communication Charges May 2021
Check No:
20156 Check Date: 06/24/2021
Vendor:
COU32 County of Orange
SH59196
AFIS Services June 2021
Check No: 20157 Check Date: 06/24/2021
Vendor: COU32 County of Orange
SH59271 OCATS Services May 2021
Check No:
20158 Check Date: 06/24/2021
Vendor:
CPCA01 California Police Chief Assoc.
18568
Membership Renewal 21-22/Gonshak
041421
Tuition Exec. Leadership- M Henderson
Check No:
20159 Check Date: 06/24/2021
Vendor:
CUS01 Custom Glass
24359
CDBG Bathroom Access Grant -Hicks 20K
24401
CDBG Bathroom Access Grant -Robbins 24B
Check No:
20160 Check Date: 06/24/2021
Vendor:
CYP Cypress SB Car Spa Inc.
015
PD vehicle car washes. -May 2021
Check No: 20161 Check Date: 06/24/2021
Vendor: DEK02 Dekra-lite
ARINVOI392 American Flags for Main Street from Memo
06/04/2021
04/20/2021
06/16/2021
05/31/2021
06/03/2021
06/01/2021
06/04/2021
05/01/2021
04/14/2021
05/18/2021
06/10/2021
06/02/2021
05/26/2021
Check Total:
Check Total:
Check Total:
Check Total:
Check Total:
Check Total:
Check Total:
Check Total:
Check Total:
Check Total:
Check Total:
Check Amount
394.34
997.73
246.97
109.59
224.87
575.00
/109.59
231.38
231.38
114.99
537.74
501.89
203.53
7,674.66
8,486.00
5,791.00
14,277.00
3,212.15
4,155.96
7,368.11
4,404.38
4,404.38
374.66
374.66
88.00
88.00
1,103.00
1,103.00
1,273.33
1,273.33
695.00
8,800.00
9,495.00
905.00
315.50
1,220.50
660.00
660.00
8,880.53
Page 4
City of Seal Beach Accounts Payable Printed: 07/16/2021 10:13
User:vrodriguez Checks by Date - Detail By Check Date Detail
Check Amount
Page 5
Check Total:
8,880.53
Check No: 20162 Check Date: 06/24/2021
Vendor: DEL01 Delta Elevator
0521-560 Services May 2021
05/31/2021
230.72
Check Total:
230.72
Check No: 20163 Check Date: 06/24/2021
Vendor: DEL03 Delta Dental of California
BE00446850 Services June 2021
06/01/2021
39.42
BE00446850 Services June 2021
06/01/2021
129.76
BE00446850 Services June 2021
06/01/2021
68.94
BE00446850 Services June 2021
06/01/2021
86.55
BE00446850 Services June 2021
06/01/2021
105.58
BE00446850 Services June 2021
06/01/2021
51.37
BE00446850 Services June 2021
06/01/2021
496.72
BE00446850 Services June 2021
06/01/2021
445.21
BE00446850 Services June 2021
06/01/2021
176.19
BE00446850 Services June 2021
06/01/2021
532.18
BE00446850 Services June 2021
06/01/2021
29.15
BE00446850 Services June 2021
06/01/2021
29.15
BE00446850 Services June 2021
06/01/2021
107.91
BE00446850 Services June 2021
06/01/2021
203.71
BE00446850 Services June 2021
06/01/2021
52.27
BE00446850 Services June 2021
06/01/2021
35.96
BE00446850 Services June 2021
06/01/2021
3,616.08
BE00446850 Services June 2021
06/01/2021
3,139.49
BE00446850 Services June 2021
06/01/2021
393.29
BE00446850 Services June 2021
06/01/2021
932.88
BE00446850 Services June 2021
06/01/2021
168.41
BE00446850 Services June 2021
06/01/2021
227.50
BE00446850 Services June 2021
06/01/2021
171.09
BE00446850 Services June 2021
06/01/2021
12.29
BE00446850 Services June 2021
06/01/2021
168.27
BE00446850 Services June 2021
06/01/2021
242.60
Check Total:
11,661.97
Check No: 20164 Check Date: 06/24/2021
Vendor: DEL04 Delta Dental Insurance Company
BE00446552 Services June 2021
06/01/2021
39.25
BE00446552 Services June 2021
06/01/2021
244.96
BE00446552 Services June 2021
06/01/2021
217.20
BE00446552 Services June 2021
06/01/2021
45.72
BE00446552 Services June 2021
06/01/2021
43.44
BE00446552 Services June 2021
06/01/2021
1.64
BE00446552 Services June 2021
06/01/2021
1.64
BE00446552 Services June 2021
06/01/2021
62.54
BE00446552 Services June 2021
06/01/2021
4.91
BE00446552 Services June 2021
06/01/2021
15.26
Check Total:
676.56
Check No: 20165 Check Date: 06/24/2021
Vendor: DEL12 De Lage Landen Public Finance
72683170 Services 6-13 to 7-12-2021
05/29/2021
2,391.94
72683170 Services 6-13 to 7-12-2021
05/29/2021
2,006.54
72683170 Services 6-13 to 7-12-2021
05/29/2021
213.25
Check Total:
4,611.73
Check No: 20166 Check Date: 06/24/2021
Vendor: DIX Dixon Resources Unlimited
2840 Parking Services- May 2021
05/31/2021
4,265.00
Check Total:
4,265.00
Check No: 20167 Check Date: 06/24/2021
Vendor: EFF02 Efficient X -Ray, Inc.
359012 Biohazardous Waste/Sharp Containers
05/25/2021
72.82
Check Total:
72.82
Page 5
City of Seal Beach Accounts Payable Printed: 07/16/2021 10:13
User:vrodriguez Checks by Date - Detail By Check Date Detail
Page 6
Check Amount
Check No:
20168 Check Date: 06/24/2021
Vendor:
eng08 Engineering Solutions Services
2010-116C
Prop 68 Regionwide Grant Program - Appl
05/21/2021
1,781.25
2010-116C
Grant application and management service
05/21/2021
8,521.25
Check Total:
10,302.50
Check No:
20169 Check Date: 06/24/2021
Vendor:
EXP09 exp US Services Inc
103612
Arterial Street Resurfacing Pg \ Arteria
06/04/2021
720.00
Check Total:
720.00
Check No:
20170 Check Date: 06/24/2021
Vendor:
FIE04 Fieldman, Rolapp & Associates
26257
Financial Advisory Services Resolution 7
06/09/2021
483.00
26258
Financial Advisory Services Resolution 7
06/09/2021
1,054.50
Check Total:
1,537.50
Check No:
20171 Check Date: 06/24/2021
Vendor:
FOR09 Robin Forte-Lincke
W21323
TV Origination Services Payment # 24
06/14/2021
1,453.50
Check Total:
1,453.50
Check No:
20172 Check Date: 06/24/2021
Vendor:
FRO02 Frontier Communications
2090946840
Services 6-10 to 7-9-2021
06/10/2021
42.98
7148911483
Services 6-7 to 7-6-2021
06/07/2021
53.67
2091885608
Services 6-4 to 7-3-2021
06/04/2021
1,005.79
5625988624
Services 6-10 to 7-9-2021
06/10/2021
154.24
5621560001
Services 6-8 to 7-7-2021
06/08/2021
57.33
5625962778
Services 6-2 to 7-01-2021
06/02/2021
81.02
2091880920
Services 6-4 to 7-3-2021
06/04/2021
323.77
2091880920
Services 6-4 to 7-3-2021
06/04/2021
961.13
2091880920
Services 6-4 to 7-3-2021
06/04/2021
55.98
2091880920
Services 6-4 to 7-3-2021
06/04/2021
231.97
2091880920
Services 6-4 to 7-3-2021
06/04/2021
46.25
2130334822
Services 6-4 to 7-3-2021
06/04/2021
447.69
5625984514
Services 6-10 to 7-9-2021
06/10/2021
127.11
Check Total:
3,588.93
Check No:
20173 Check Date: 06/24/2021
Vendor:
GAN04 Ganahl Lumber Co.
060718072
Brown #2B Acq.
06/10/2021
90.21
Check Total:
90.21
Check No:
20174 Check Date: 06/24/2021
Vendor:
GHD GHD Inc
163875
Navy Res. Ext. Cathodic Protection
06/10/2021
1,540.63
Check Total:
1,540.63
Check No:
20175 Check Date: 06/24/2021
Vendor:
GMU GMU Geotechnical, Inc
59800
OCTA 405 Widening Coop Agrmt \ OCTA 405
05/13/2021
1,127.50
Check Total:
1,127.50
Check No:
20176 Check Date: 06/24/2021
Vendor:
GOL27 Gold Coast K9/K9 Services LLC
SBPD-03
Lucy Pet Tactical Fuel
06/08/2021
102.23
Check Total:
102.23
Check No:
20177 Check Date: 06/24/2021
Vendor:
GRA08 Grainger
9929318971
Condensate 1/50 HP
06/11/2021
72.24
Check Total:
72.24
Check No:
20178 Check Date: 06/24/2021
Vendor:
GRA36 Granite Telecommunications LLC
522607932
Services June 2021
06/01/2021
1,338.27
Check Total:
1,338.27
Check No:
20179 Check Date: 06/24/2021
Vendor:
GRAY Brian Gray
W20677
Reim Challenge Coins
06/15/2021
615.00
Page 6
City of Seal Beach Accounts Payable
User:vrodriguez Checks by Date - Detail By Check Date
W20677 Reim Police Simulation Training for Swat 06/15/2021
Check Total:
Check No: 20180 Check Date: 06/24/2021
Vendor: GTT GTT Communications, Inc.
INV3287750 Services May 2020
04/01/2020
INV3393624 Services June 2020
05/01/2020
INV3505152 Services July 2020
06/01/2020
INV3630061 Services Aug 2020
07/01/2020
INV3750981 Services Sept 2020
08/01/2020
INV3874011 Services Oct 2020
09/01/2020
INV3998289 Services Nov 2020
10/01/2020
INV4141799 Services Dec 2020
11/01/2020
INV4253033 Services Jan 2021
12/01/2020
INV4380165 Services Feb 2021
01/01/2021
INV4505911 Services Mar 2021
02/01/2021
INV4640168 Services April 2021
03/01/2021
INV4757939 Services May 2021
04/01/2021
INV4882106 Services June 2021
05/01/2021
INV5022772 Services July 2021
06/01/2021
Check No: 20181 Check Date: 06/24/2021
Vendor: GTT GTT Communications, Inc.
INV5031261 Services May/June 2021
06/01/2021
INV5031368 Services May/June 2021
06/01/2021
Check No: 20182 Check Date: 06/24/2021
Vendor: HAR39 Hardy & Harper. Inc.
21979 RET Retention ST2002
04/16/2021
Check No: 20183 Check Date: 06/24/2021
Vendor: HBA H. Barber & Sons Inc
BL35814 Tines for Barber surf rake unit #94
06/04/2021
Check No: 20184 Check Date: 06/24/2021
Vendor: HOLMA Holman Family Counseling Inc.
INV 1027931 Services July 2021
07/01/2021
Check No: 20185 Check Date: 06/24/2021
Vendor: HOM01 Home Depot Credit Services
H0647-1751 LED Wraparound Lights
06/01/2021
H0647-1744 Extra Large Trash Bags/Tray Liner
05/25/2021
Check No: 20186 Check Date: 06/24/2021
Vendor: hunll John L. Hunter & Associates, Inc.
SBIMS41210 NPDES & Water Conservation Services Reso
05/28/2021
SBIMS41210 NPDES & Water Conservation Services Reso
05/28/2021
SBIMS41210 NPDES & Water Conservation Services Reso
05/28/2021
Check No: 20187 Check Date: 06/24/2021
Vendor: int51 Interwest Consulting Group
68524 Permit Review & Plan Check-March2021
04/23/2021
68894 Permit Review & Plan Check -Apr 2021
05/12/2021
Check No: 20188 Check Date: 06/24/2021
Vendor: J&L J & L Constructors Inc
000401 Navy Res. Ext. Cathodic Protec \ Navy Re
05/10/2021
000401 Retention WT2107ex-019
05/10/2021
Check No: 20189 Check Date: 06/24/2021
Vendor: KAP7 KAP7 International, Inc.
39118 Junior Lifeguard waterproof COVID Masks
05/28/2021
Check Total:
Check Total:
Check Total:
Check Total:
Check Total:
Check Total:
Check Total:
Check Total:
Check Total:
Printed: 07/16/2021 10:13
Detail
Check Amount
382.50
997.50
111.89
111.89
111.89
111.89
111.89
111.89
111.89
112.31
113.99
115.70
117.44
117.44
120.96
122.78
124.62
1,728.47
703.81
772.22
1,476.03
16,243.89
16,243.89
177.56
177.56
109.89
109.89
27.15
987.24
1,014.39
1,617.50
727.50
2,032.50
4,377.50
1,920.00
5,120.00
7,040.00
49,900.00
-2,495.00
47,405.00
3,852.17
Page 7
City of Seal Beach Accounts Payable Printed: 07/16/2021 10:13
User:vrodriguez Checks by Date - Detail By Check Date Detail
Page 8
Check Amount
Check Total:
3,852.17
Check No:
20190 Check Date: 06/24/2021
Vendor:
KASO4 Kassbohrer All Terrain Vehicle
90412116
Hydraulic drive pump stack for the beach
06/04/2021
1,518.39
Check Total:
1,518.39
Check No:
20191 Check Date: 06/24/2021
Vendor:
LACARRA Nick Lacarra
W20673
Reimb. Purchase of Air Mesh Trousers
06/08/2021
737.92
Check Total:
737.92
Check No:
20192 Check Date: 06/24/2021
Vendor:
LNC L.N. Curtis & Sons
INV492172
10 x 12" 2120-5 plate, multi curve, shoo
05/24/2021
984.73
INV493815
Bike Uniforms as per quote# 190678
05/27/2021
229.69
INV494402
Bike Uniforms as per quote# 190678
05/28/2021
163.64
Check Total:
1,378.06
Check No:
20193 Check Date: 06/24/2021
Vendor:
L0007 Local Agency Engineering Assoc
21-440
Local Roadway Safety Plan (LRSP) - Progr
06/07/2021
232.50
21-435
Lampson Ave ATP Bike Ln Grant -May 2021
06/07/2021
852.50
Check Total:
1,085.00
Check No:
20194 Check Date: 06/24/2021
Vendor:
LOS30 Los Alamitos Animal Hospital
201119
FecalOva/Parasites
04/30/2021
27.75
201984
Nyst/Neo/ Triam / Amoxicillin
05/19/2021
21.00
Check Total:
48.75
Check No:
20195 Check Date: 06/24/2021
Vendor:
MCI01 MCI Comm Services
7DL26042
Services June 2021
06/11/2021
40.41
Check Total:
40.41
Check No:
20196 Check Date: 06/24/2021
Vendor:
MET13 Metropolitan Telecom mnications
0100518281
Services 6-8 to 7-7-2021
06/08/2021
448.18
0100518281
Services 6-8 to 7-7-2021
06/08/2021
778.96
0100518281
Services 6-8 to 7-7-2021
06/08/2021
226.08
0100518281
Services 6-8 to 7-7-2021
06/08/2021
200.51
Check Total:
1,653.73
Check No:
20197 Check Date: 06/24/2021
Vendor:
MIC14 Michael Baker International In
1118758
Seal Beach Traffic Signal Sync \ Seal Be
06/10/2021
25,476.67
Check Total:
25,476.67
Check No:
20198 Check Date: 06/24/2021
Vendor:
MIRAKIAN Jordan Mirakian
W20675
Reimb the Purchase of Honor Guard Items
06/14/2021
619.40
Check Total:
619.40
Check No:
20199 Check Date: 06/24/2021
Vendor:
MMASC MMASC
3330
21-22 Membership/J Robles
06/10/2021
90.00
Check Total:
90.00
Check No:
20200 Check Date: 06/24/2021
Vendor:
MOB05 Mobile Mini, LLC- CA
9010631213
Container Rental 5-25 to 6-21-2021
05/25/2021
891.29
9010631214
Container Rental 5-25 to 6-21-2021
05/25/2021
912.99
Check Total:
1,804.28
Check No:
20201 Check Date: 06/24/2021
Vendor:
MONTERRO PHPE Services
2021-116-1
Remote service re -install and configure
05/26/2021
920.00
Check Total:
920.00
Check No:
20202 Check Date: 06/24/2021
Vendor:
MOR02 Morrison Tire Inc.
284249
Tires
05/25/2021
1,738.35
Check Total:
1,738.35
Page 8
City of Seal Beach Accounts Payable
User:vrodriguez Checks by Date - Detail By Check Date
Check No: 20203 Check Date: 06/24/2021
Vendor: MUN02 Municipal Water District of Or
10527 Water Deliveries 06/15/2021
Check Total:
Check No: 20204 Check Date: 06/24/2021
Vendor: MVC01 MV Cheng & Associates
5/31/2021 Temporary Accounting Services -May 2021
Check No:
20205 Check Date: 06/24/2021
Vendor:
NatBusFu National Business Furniture
MK560859-T Exec Chair w/flip arms blk faux leather
MK561374
Office furniture for Public Works Supery
MK561374
Office furniture for Public Works Supery
MK561374
Office furniture for Public Works Supery
MK561374
Office furniture for Public Works Supery
Check No: 20206 Check Date: 06/24/2021
Vendor: NOR04 Normed Inc.
68222-8291 Gloves/ Trauma Kit Masks
Check No: 20207 Check Date: 06/24/2021
Vendor: NU01 NU Kote
6.10.21 CDBG Bathroom Access Grant-Robbins24B
Check No: 20208 Check Date: 06/24/2021
Vendor: NV5 NV5Inc.
215485 Water Well Rehab Bolsa Chica \ Water Wel
Check No: 20209 Check Date: 06/24/2021
Vendor: OFF05 Office Depot, Inc.
1758464780 Keyboard
1758464800 Mouse
1758043250 Sugar/ Plates/Cutlery
1758031970 Coffee
1710395370 Chairmat
1757758470 Chair
1760172110 Paper/ Sugar
1760180910 Plates
1756022070 Folders
1756104060 Pressboard
1761556600 Labels/ Staplers/Binders
Check No: 20210 Check Date: 06/24/2021
Vendor: OFF10 OFFICETEAM
57831151 Temp Hew] Week of 6-4-2021
Check No:
20211 Check Date: 06/24/2021
Vendor:
OFF11 Office Solutions Business Prod
I-01880089
Flags
I-01878925
Cups/ Coffee/Tea
I-01877775
Forks
I-01878146
Toilet Seat Covers
1-01880329
Pens
I-01881976
Tissue
I-01881854
Pencils/Tape/Flags/ Post -its
1-01881968
Paper
1-01881872
Coffee/Cups/ Creamer
1-01882266
Inkcarts/ Liners/ Tissue/Detergent
Check No:
20212 Check Date: 06/24/2021
Vendor:
ONP05 On Point Exterminating Inc
8395
Extermination Services May 2021 -Edison
06/07/2021
05/06/2021
06/08/2021
06/08/2021
06/08/2021
06/08/2021
06/09/2021
06/10/2021
05/29/2021
06/03/2021
06/04/2021
06/09/2021
06/09/2021
06/02/2021
06/04/2021
06/03/2021
06/03/2021
05/27/2021
05/27/2021
06/01/2021
06/10/2021
06/04/2021
06/02/2021
05/27/2021
05/28/2021
06/07/2021
06/10/2021
06/10/2021
06/10/2021
06/10/2021
06/11/2021
05/28/2021
Check Total:
Check Total:
Check Total:
Check Total:
Check Total:
Check Total:
Check Total:
Check Total:
Printed: 07/16/2021 10:13
Detail
Check Amount
8,480.18
8,480.18
4,500.00
4,500.00
448.54
1,086.55
1,086.55
1,086.55
1,086.55
4,794.74
728.86
728.86
315.50
315.50
1,950.00
1,950.00
119.61
65.24
97.03
102.50
136.01
313.19
47.71
33.95
57.00
109.59
219.87
1,301.70
872.03
872.03
28.25
29.00
6.94
49.91
23.16
21.61
80.75
606.22
40.53
350.59
1,236.96
Page 9
100.00
City of Seal Beach Accounts Payable Printed: 07/16/2021 10:13
User:vrodriguez Checks by Date - Detail By Check Date Detail
Check Amount
8320
Extermination Services May 2021 -Library
05/27/2021
60.00
8319
Extermination Svc- May 202 1 Lifeguard HQ
05/28/2021
60.00
8292
Extermination Services May 21 -City Hall
05/28/2021
65.00
8290
Extermination Svc May 2021Tennis Center
05/28/2021
75.00
8317
Extermination Services May 2021/Edison
05/27/2021
150.00
8318
Extermination Services May 2021/Marina
05/28/2021
50.00
8680
Extermination Services June 2021/Edison
06/11/2021
150.00
8293
Extermination Services May 2021/Yard
05/28/2021
60.00
8291
Extermination Services May 2021/PD
05/28/2021
75.00
Check Total:
845.00
Check No:
20213 Check Date: 06/24/2021
Vendor:
PAC72 Pacific Advanced Civil Enginee
4995
Lampson Well Head Treatment \ May 2021
05/31/2021
53,166.25
Check Total:
53,166.25
Check No:
20214 Check Date: 06/24/2021
Vendor:
PAL03 Kimberly A. Palmer
SBPD 21-03 Transciption Services May 2021
05/27/2021
322.00
Check Total:
322.00
Check No:
20215 Check Date: 06/24/2021
Vendor:
PAS05 Passport Labs Inc.
INV -102218 Permit services May 2021
05/31/2021
500.00
Check Total:
500.00
Check No:
20216 Check Date: 06/24/2021
Vendor:
PCS Monica Caruso
2745
Contract Steam Cleaning -June 2021
06/01/2021
10,825.00
Check Total:
10,825.00
Check No:
20217 Check Date: 06/24/2021
Vendor:
PH106 Phillips Safety Products
SI21602573
OC Protest 2020 \ OC Protest 2020
05/28/2021
1,872.50
Check Total:
1,872.50
Check No:
20218 Check Date: 06/24/2021
Vendor:
PIT03 Pitney Bowes Inc.
1018375022
Red Ink Cartridges
06/15/2021
245.86
Check Total:
245.86
Check No:
20219 Check Date: 06/24/2021
Vendor:
RADIO Radiotronics Inc
276847
Hot -N -Pop Pro Deployment System as per q
06/03/2021
2,591.81
Check Total:
2,591.81
Check No:
20220 Check Date: 06/24/2021
Vendor:
RAF02 Raftelis Financial Consultants
19316
Water Rate Study Update \ April 2021
05/12/2021
389.74
19316
Sewer Rate Study \ April 2021
05/12/2021
13.81
19316
Water/Sewer Utility Rate Study -Apr 2021
05/12/2021
4,880.20
Check Total:
5,283.75
Check No:
20221 Check Date: 06/24/2021
Vendor:
RICO2 Richards Watson & Gershon
231936
Additional Services- April 2021
05/24/2021
57.84
231937
Personnel Matters -April 2021
05/24/2021
2,294.00
231938
Real Estate Matters- April 2021
05/24/2021
2,546.61
231939
1st Street Restaurant - April 2021
05/24/2021
869.56
231940
BKK West Covina- April 2021
05/24/2021
166.01
231941
Acq. of City Property by OCTA -April 2021
05/24/2021
711.45
231942
Vs. Califirnia Resource Copr- April 2021
05/24/2021
19,748.89
231943
Vs. So Cal Water Tower- April 2021
05/24/2021
713.00
231944
Pitchess Motion- April 2021
05/24/2021
4,322.01
Check Total:
31,429.37
Check No:
20222 Check Date: 06/24/2021
Vendor:
ROY04 Royal Truck Body
0521930 -IN
P/S horizontal and rear door for service
05/27/2021
1,134.26
0621284 -IN
Vise bracket for public works water truc
06/10/2021
392.62
Check Total:
1,526.88
Page 10
City of Seal Beach Accounts Payable Printed: 07/16/2021 10:13
User:vrodriguez Checks by Date - Detail By Check Date Detail
Check No:
20223 Check Date: 06/24/2021
Vendor:
RPW RPW Services, Inc.
25077
Gopher Control/ City Parks -May 2021
25076
Gopher Control Fire Dept- May 2021
25075
Gopher Control Electric Ave- May 2021
25078
Gopher Control Schooner Park/Apr 2021
25079
Gopher Control Arbor Park- April 2021
Check No:
20224 Check Date: 06/24/2021
Vendor:
RUIZ05 Victor Ruiz
W20674
Reimb. Purchase of K9 Collar/Hoodies
Check No:
20225 Check Date: 06/24/2021
Vendor:
S&JO1 S & J Supply Co
5100175059
SS full circle repair clamps, brass plug
Check No:
20226 Check Date: 06/24/2021
Vendor:
SAF10 Safeshred Company, Inc.
324558
Safeshred services- May 2021
Check No:
20227 Check Date: 06/24/2021
Vendor:
SAN43 Santos Valladares
W21261
C & D Deposit Permit 2021-628/Rec585445
Check No:
20228 Check Date: 06/24/2021
Vendor:
SCAG SCAG
06.01.2021
Dues Assessment FY 21/22
Check No: 20229 Check Date: 06/24/2021
Vendor: SCE01 Southern Calif. Edison
7004677322 Services 5-12 to 6-10-2021
7002910352 Services 5-13 to 6-13-2021
7004039010 Services 5-13 to 6-13-2021
7003487311 Services 5-13 to 6-13-2021
7001945801 Services 5-13 to 6-13-2021
7006340571 Services 5-12 to 6-10-2021
7000211078 Services 5-12 to 6-10-2021
7001060414 Services 5-11 to 6-9-2021
7005139032 Services 5-14 to 6-14-2021
7001330922 Services 5-14 to 6-14-2021
7003857695 Services 5-19 to 6-17-2021
7004864843 Services 5-19 to 6-17-2021
7001735366 Services 5-19 to 6-17-2021
7000628940 Services 5-19 to 6-17-2021
Check No:
20230 Check Date: 06/24/2021
Vendor:
SEA33 Seal Beach Sun Newspaper
00105998
SLD Resolution 7146
00106384
PH Budget 21-22
Check No: 20231 Check Date: 06/24/2021
Vendor: SECO2 Sectran Security, Inc.
21060465 Services June 2021
Check No: 20232 Check Date: 06/24/2021
Vendor: SIE11 Siemens Mobility Inc
5610273635 Traffic Signal Maintenance May 2021
5620026183 Traffic Signal Resp Calls Out- May 2021
Check Amount
05/31/2021
2,030.00
05/31/2021
130.00
05/31/2021
260.00
05/31/2021
260.00
05/31/2021
307.50
Check Total:
2,987.50
06/08/2021 457.88
Check Total: 457.88
06/07/2021 822.15
Check Total: 822.15
05/31/2021 39.00
Check Total: 39.00
06/08/2021 500.00
Check Total: 500.00
06/01/2021 2,752.00
Check Total: 2,752.00
06/11/2021
841.43
06/14/2021
1,293.50
06/14/2021
88.55
06/14/2021
9,475.08
06/14/2021
2,877.99
06/11/2021
74.38
06/11/2021
173.00
06/10/2021
1,823.26
06/15/2021
14.62
06/15/2021
16.08
06/19/2021
18.39
06/19/2021
14.36
06/19/2021
14.36
06/19/2021
893.29
Check Total:
17,618.29
05/13/2021 515.00
06/03/2021 200.00
Check Total: 715.00
06/07/2021 514.43
Check Total: 514.43
06/10/2021 1,801.00
06/10/2021 3,479.50
Check Total: 5,280.50
Page 11
City of Seal Beach Accounts Payable Printed: 07/16/2021 10:13
User:vrodriguez Checks by Date - Detail By Check Date Detail
Check No:
20233 Check Date: 06/24/2021
Vendor:
soc SoCal Auto & Truck Parts Inc.
4126-51921
Tire Patch/ Oil
06/09/2021
4126-51914
Oil
06/08/2021
4126-51906
Oil
06/08/2021
4126-51921
United Def Fluid
06/09/2021
4126-51745
Air Filters
05/25/2021
4126-51873
Brake Pads
06/04/2021
4126-51894
Battery/ Core Deposit
06/07/2021
4126-51980
Power Stops
06/14/2021
4126-51416
Return Air Filters-Orig Inv 4126-511937
04/27/2021
Check No:
20234 Check Date: 06/24/2021
Vendor:
S0008 So. California Gas Co.
1208091900
Services 5-17 to 6-16-21
06/18/2021
Check No:
20235 Check Date: 06/24/2021
Vendor:
SOC11 So Cal Land Maintenance Inc.
9557
Extra Work 4-14-2021
05/14/2021
9557
Extra Work 4-14-2021
05/14/2021
Check No:
20236 Check Date: 06/24/2021
Vendor:
SOU09 South Coast A. Q. M. D.
3815233
4307 Lampson-AQMD Fee 7/20 to 6-21
05/04/2021
3813743
43 1/2 Riversea -AQMD Fee 7/20 to 6-21
05/04/2021
Check No:
20237 Check Date: 06/24/2021
Vendor:
SPE011 Spectrum Gas Products, Inc.
00533388
Oxygen
05/26/2021
Check No:
20238 Check Date: 06/24/2021
Vendor:
SPR10 Springbrook Holding Company LL
INV -006022
Services 7-1-21 to 6-30-2022
05/05/2021
INV -006022
Services 7-1-21 to 6-30-2022
05/05/2021
INV -006022
Services 7-1-21 to 6-30-2022
05/05/2021
TM INV -004 Services New Rates Structure
06/04/2021
TM INV -004 Services New Rates Structure
06/04/2021
TM INV -003 Services New Rates Structure
04/07/2021
TM INV -003 Services New Rates Structure
04/07/2021
Check No:
20239 Check Date: 06/24/2021
Vendor:
STA65 Statewide Traffic Safety and S
02026089
Four (4) each, Pickleball "Court Use.."
05/20/2021
Check No:
20240 Check Date: 06/24/2021
Vendor:
STA69 Stantec Consulting Services In
1786927
Lampson Ave Drainage Imp -April 2021
05/14/2021
1795789
Lampson Ave ATP Bike Ln Grant \ Lampson
06/08/2021
1798903
LCWA Watermain Lining \
06/16/2021
Check No:
20241 Check Date: 06/24/2021
Vendor:
STE47 Step Saver CA LLC
358086
Coarse Salt
06/07/2021
358084
Coarse Salt
06/07/2021
Check No:
20242 Check Date: 06/24/2021
Vendor:
SUR03 Surfside Colony Ltd
11531
Monthly Surfside Beach Maint- May 2021
06/08/2021
Check Total:
Check Total:
Check Total:
Check Total:
Check Total:
Check Total:
Check Total:
Check Total:
Check Total:
Check Total:
Check Amount
316.69
31.95
152.23
43.45
159.60
40.23
151.42
23.23
-29.49
889.31
50.00
50.00
448.08
799.23
1,247.31
137.63
137.63
275.26
30.00
30.00
25,461.85
12,730.93
12,730.92
485.87
485.88
1,119.63
1,119.62
54,134.70
50.03
50.03
7,833.00
1,977.73
2,346.75
12,157.48
588.32
165.63
753.95
3,424.24
3,424.24
Page 12
City of Seal Beach
Accounts Payable
User:vrodriguez Checks by Date - Detail By Check Date
Check No:
20243 Check Date: 06/24/2021
Vendor:
TAI02 Tait & Associates Inc
139854
Annual Local Paving Program Thru 5-16-21
04/30/2021
139853
Arterial St Resurface Prog \ Arterial St
04/30/2021
140458
City Standard Plans Update (Streets) Per
05/31/2021
Check Total:
Check No:
20244 Check Date: 06/24/2021
Vendor:
TCTI The Counseling Team Internatio
79285
Services May 2021
06/07/2021
Check Total:
Check No:
20245 Check Date: 06/24/2021
Vendor:
THO17 Thomson Reuters --West
844447857
CLEARS data base -May 2021
06/01/2021
Check Total:
Check No:
20246 Check Date: 06/24/2021
Vendor:
TIM04 Time Warner Cable LLC
0021812060
Services 6-6 to 7-5-2021
06/06/2021
0010765060
Services 6-4 to 7-3-2021
06/04/2021
0245858060
Services 6-5 to 7-4-2021
06/05/2021
0213294061
Services 6-10 to 7-9-2021
06/10/2021
0260410061
Services 6-10 to 7-9-2021
06/10/2021
0342770052
Services 5-24 to 6-23-2021
05/24/2021
0010799061
Services 6-18 to 7-17-2021
06/18/2021
Check Total:
Check No:
20247 Check Date: 06/24/2021
Vendor:
TRA29 Transtech Engineers, Inc
20211239
Building and Safety Services- March 2021
03/31/2021
20211499
Building and Safety Services- April 2021
04/30/2021
20211498
Building and Safety Services- April 2021
04/30/2021
20211837
Plan Check Services- May 2021
05/31/2021
20211836
Building /Safety Services- May 2021
05/31/2021
Check Total:
Check No:
20248 Check Date: 06/24/2021
Vendor:
tru01 ALS-Truesdail Laboratories, I
522101994
Weekly Drinking Water Testing 5-24-21
05/30/2021
522102182
Weekly Drinking Water Testing 6-7-21
06/16/2021
522003301
Weekly Drinking Water Testing 8-3-2020
04/14/2021
Check Total:
Check No:
20249 Check Date: 06/24/2021
Vendor:
TYL Tyler Technologies Inc.
025-333832
CityWide FIS System \ Citywide FIS Syste
05/12/2021
025-333832
CityWide FIS System \ Citywide FIS Syste
05/12/2021
025-333832
CityWide FIS System \ Citywide FIS Syste
05/21/2021
Check Total:
Check No:
20250 Check Date: 06/24/2021
Vendor:
UB*00336 Virgil Porras
Refund check
06/15/2021
Check Total:
Check No:
20251 Check Date: 06/24/2021
Vendor:
ULI03 ULINE
134007782
Barrier Post/Barrier Sign/ Floor Stand
05/20/2021
Check Total:
Check No:
20252 Check Date: 06/24/2021
Vendor:
UND01 Underground Sery Alert of SC
dsb2020285
Services May 2021
06/01/2021
520210656
Services May 2021 -New Ticket Charges
06/01/2021
Check Total:
Check No:
20253 Check Date: 06/24/2021
Vendor:
UN140 United Site Services of Califo
114-120069
Rental 5-21 to 6-17-2021
05/26/2021
114-119462
Rental 5-7 to 6-3-2021
05/12/2021
Printed: 07/16/2021 10:13
Detail
Check Amount
720.00
4,185.00
2,915.00
7,820.00
1,000.00
1,000.00
331.00
331.00
113.37
252.35
1,324.13
629.99
125.95
1,235.00
116.64
3,797.43
18,323.59
16,369.24
15,427.00
12,177.17
13,404.00
75,701.00
186.25
186.25
186.25
558.75
558.00
171.00
171.00
900.00
170.08
170.08
1,187.88
1,187.88
110.37
128.80
239.17
392.00
353.94
Page 13
City of Seal Beach Accounts Payable Printed: 07/16/2021 10:13
User:vrodriguez Checks by Date - Detail By Check Date Detail
Check Amount
Page 14
Check Total:
745.94
Check No: 20254 Check Date: 06/24/2021
Vendor: VAN17 VantaQuest
W21300 Refund for BL Application
06/07/2021
25.00
Check Total:
25.00
Check No: 20255 Check Date: 06/24/2021
Vendor: VER18 Verizon Wireless
9880990478 Services 6-2 to 7-1-2021
06/01/2021
82.60
9880990478 Services 6-2 to 7-1-2021
06/01/2021
41.30
9880990478 Services 6-2 to 7-1-2021
06/01/2021
206.50
9880990478 Services 6-2 to 7-1-2021
06/01/2021
151.42
9880990478 Services 6-2 to 7-1-2021
06/01/2021
82.60
9880990478 Services 6-2 to 7-1-2021
06/01/2021
82.60
9880990478 Services 6-2 to 7-1-2021
06/01/2021
38.01
9880990478 Services 6-2 to 7-1-2021
06/01/2021
82.60
9880990478 Services 6-2 to 7-1-2021
06/01/2021
456.24
9880990478 Services 6-2 to 7-1-2021
06/01/2021
249.77
9880990478 Services 6-2 to 7-1-2021
06/01/2021
41.30
Check Total:
1,514.94
Check No: 20256 Check Date: 06/24/2021
Vendor: voy02 US Bank Voyager Fleet System
8690175092 Fuel 4-25 to 5-24-2021
05/24/2021
19,291.89
Check Total:
19,291.89
Check No: 20257 Check Date: 06/24/2021
Vendor: VVM V & V Manufacturing
53002 SBPD K-9 Badge
06/03/2021
126.10
53003 SBPD K-9 Badge/Clips
06/03/2021
153.28
Check Total:
279.38
Check No: 20258 Check Date: 06/24/2021
Vendor: WES77 West Marine Products Inc. / We
002210 Batt -AGM PWC
05/24/2021
220.46
Check Total:
220.46
Check No: 20259 Check Date: 06/24/2021
Vendor: Wight Camren Wight
W20679 Wellness Benefit
06/22/2021
400.00
Check Total:
400.00
Check No: 20260 Check Date: 06/24/2021
Vendor: WOR09 Worthington Ford
5121179 Brake Lining
06/02/2021
297.53
5121259 Brake Lining
06/03/2021
270.49
Check Total:
568.02
Check No: 20261 Check Date: 06/24/2021
Vendor: YUM Yume Gardens LLC
30008 City Hall pond maintenance
06/01/2021
260.00
Check Total:
260.00
Check No: 20262 Check Date: 06/24/2021
Vendor: ZUMO1 Zumar Industries, Inc.
93462 11th St, Seal Way, 2nd St, Marina Dr str
06/14/2021
403.20
93462 Catalina Ave street name sign - 36x9
06/14/2021
231.64
Check Total:
634.84
Date Totals:
1,027,759.30
Report Total:
0.00 1,027,759.30
Page 14
City of Seal Beach
Fiscal Year 2022
Warrant Listing for Council Meeting 7-26-2021
Approve by Minute Order Demands on Treasury:
Warrants-A/P: Checks 20263 - 20497
Wells Fargo
Calpers
$ 795,321.45
$ 115,712.00
$ 127,981.92
$ 1,039,015.37 Year -to -Date: $ 1,039,015.37
Payroll: Payroll Direct Deposit $ 886,356.33
Payroll State & Federal Taxes $ 275,692.06
ICMA $ 47,849.55
Ca1PERS Pension $ 226,745.61
City of Seal Beach Flex Spending $ 2,933.06
$ 1,439,576.61 Year -to -Date: $ 1,439,576.61
Total Payroll:
Note: Year-to-date amounts are actual cash disbursements and do not reflect actual expenditures
due to year-end accruals.
Respectfully submitted by:
_A91*
Kelly Telf(rj CPA
Director of inance/City Treasurer
0-7 119 20?,1
Date
City of Seal Beach
Accounts Payable
Printed: 07/16/2021 11:11
User:vrodriguez Checks by Date - Detail by Check Number
Detail
Invoice No
Description
Reference
Invoice Date
Check Amount
Check No:
20263 Check Date: 07/01/2021
Vendor: DEL13
Del Amo Motorsports
17769
(2) Rescue Personal Watercraft, (jet
06/26/2021
37,938.94
Check Total:
37,938.94
Check No:
20264 Check Date: 07/02/2021
Vendor: AHU01
Ahumada, Raul
W18651-1
Retiree Health Ins Reimb. July 2021
Retiree
07/02/2021
464.83
Check Total:
464.83
Check No:
20265 Check Date: 07/02/2021
Vendor: BEN08
Ginger Bennington /Acct 0132966989
W18651-2
Retiree Health Ins Reimb. July 2021
Retiree
07/02/2021
150.63
Check Total:
150.63
Check No:
20266 Check Date: 07/02/2021
Vendor: Bowles
Stephen Bowles
W18651-3
Retiree Health Ins Reimb. July 2021
07/02/2021
464.76
Check Total:
464.76
Check No:
20267 Check Date: 07/02/2021
Vendor: Brayton
Tom Brayton
W18651-4
Retiree Health Ins Reimb. July 2021
Retiree
07/02/2021
206.97
Check Total:
206.97
Check No:
20268 Check Date: 07/02/2021
Vendor: BUZ01
Gary Buzzard . Acct 0827310962
W18651-5
Retiree Health Ins Reimb. July 2021
Retiree
07/02/2021
168.56
Check Total:
168.56
Check No:
20269 Check Date: 07/02/2021
Vendor: Chauncey
Stephen Chauncey .Acct 10-200036012968
W18651-6
Retiree Health Ins Reimb. July 2021
Retiree
07/02/2021
610.78
Check Total:
610.78
Check No:
20270 Check Date: 07/02/2021
Vendor: D'A01
Sam D'amico
W18651-7
Retiree Health Ins Reimb. July 2021
Retiree
07/02/2021
619.50
Check Total:
619.50
Check No:
20271 Check Date: 07/02/2021
Vendor: Davi
Dan Davis
W18651-9
Retiree Health Ins Reimb. July 2021
Retiree
07/02/2021
138.63
Check Total:
138.63
Check No:
20272 Check Date: 07/02/2021
Vendor: DOR04
Daniel Dorsey
W18651-8
Retiree Health Ins Reimb. July 2021
Retiree
07/02/2021
491.00
Check Total:
491.00
Check No:
20273 Check Date: 07/02/2021
Vendor: ELL05
Jerry Ellison
W18651-10
Retiree Health Ins Reimb. July 2021
Retiree
07/02/2021
47.78
Check Total:
47.78
Check No:
20274 Check Date: 07/02/2021
Vendor: FEE01
Charles Feenstra
W18651-11
Retiree Health Ins Reimb. July 2021
Retiree
07/02/2021
78.53
Check Total:
78.53
Check No:
20275 Check Date: 07/02/2021
Vendor: Follweil
Jo Ellen Perry
W18651-12
Retiree Health Ins Reimb. July 2021
Retiree
07/02/2021
443.43
Check Total:
443.43
Check No:
20276 Check Date: 07/02/2021
Vendor: Frey
Randy Frey
W18651-13
Retiree Health Ins Reimb. July 2021
Retiree
07/02/2021
607.78
Check Total:
607.78
Check No:
20277 Check Date: 07/02/2021
Vendor: Fri005
Leonard Frisbie
W18651-14
Retiree Health Ins Reimb. July 2021
Retiree
07/02/2021
99.00
Page I
City of Seal Beach
Accounts Payable
Vendor:
User:vrodriguez Checks
by Date - Detail by Check Number
Invoice No
Description
Reference
Invoice Date
07/02/2021
505.96
Check Total:
Check No:
20278 Check Date: 07/02/2021
Vendor: GAR18
Lee Gardner
W18651-28
Retiree Health Ins Reimb. July 2021
Retiree Health
07/02/2021
Cheryl Heggstrom
W18651-22
Check Total:
Check No:
20279 Check Date: 07/02/2021
Vendor: Gar27
Kenneth Garrett
W18651-15
Retiree Health Ins Reimb. July 2021
Retiree
07/02/2021
Check Total:
40.00
Check No:
Check Total:
Check No:
20280 Check Date: 07/02/2021
Vendor: GORO1
Marcia Gordon
W18651-16
Retiree Health Ins Reimb. July 2021
Retiree
07/02/2021
07/02/2021
1,152.07
Check Total:
Check No:
20281 Check Date: 07/02/2021
Vendor: Gro08
James F. Groos Acct # 1354
W18651-17
Retiree Health Ins Reimb. July 2021
Retiree
07/02/2021
Helen Kling
W18651-24
Check Total:
Check No:
20282 Check Date: 07/02/2021
Vendor: Guidry
Jacqueline Guidry
W18651-18
Retiree Health Ins Reimb. July 2021
Retiree
07/02/2021
Check Total:
268.71
Check No:
Check Total:
Check No:
20283 Check Date: 07/02/2021
Vendor: HAGEN01
Don Hagen Acct # 2808091165
W18651-19
Retiree Health Ins Reimb. July 2021
Retiree
07/02/2021
464.83
Check Total:
Check No:
20284 Check Date: 07/02/2021
Vendor: HAL03
Michele Hall
W18651-20
Retiree Health Ins Reimb. July 2021
Retiree
07/02/2021
W18651-26
Retiree Health Ins Reimb. July 2021
Check Total:
Printed: 07/16/2021 11:11
Detail
Check Amount
99.00
206.97
206.97
713.01
713.01
370.00
370.00
72.00
72.00
168.56
168.56
168.56
168.56
643.29
643.29
Check No:
20285 Check Date: 07/02/2021
Vendor:
HAR34
Darrell Hardin Acct # 0359341880
W18651-21
Retiree Health Ins Reimb. July 2021
Retiree
07/02/2021
505.96
Check Total:
505.96
Check No:
20286 Check Date: 07/02/2021
Vendor:
HEGOI
Cheryl Heggstrom
W18651-22
Retiree Health Ins Reimb. July 2021
Retiree
07/02/2021
40.00
Check Total:
40.00
Check No:
20287 Check Date: 07/02/2021
Vendor:
JOH10
James Johnson Acct # 5331706886
W18651-23
Retiree Health Ins Reimb. July 2021
Retiree
07/02/2021
1,152.07
Check Total:
1,152.07
Check No:
20288 Check Date: 07/02/2021
Vendor:
Kling
Helen Kling
W18651-24
Retiree Health Ins Reimb. July 2021
Retiree
07/02/2021
268.71
Check Total:
268.71
Check No:
20289 Check Date: 07/02/2021
Vendor:
KROGMANGary Krogman
W18651-25
Retiree Health Ins Reimb. July 2021
07/02/2021
464.83
Check Total:
464.83
Check No:
20290 Check Date: 07/02/2021
Vendor:
LaVelle
Ronald LaVelle
W18651-26
Retiree Health Ins Reimb. July 2021
Retiree Health
07/02/2021
1,085.07
Check Total:
1,085.07
Check No:
20291 Check Date: 07/02/2021
Vendor:
Law41
Ronald Lawson
W18651-27
Retiree Health Ins Reimb. July 2021
Retiree
07/02/2021
199.00
Check Total:
199.00
Page 2
City of Seal Beach
Accounts Payable
Printed: 07/16/2021 11:11
Userwrodriguez Checks
by Date - Detail by Check Number
Detail
Invoice No
Description
Reference
Invoice Date
Check Amount
Check No:
20292 Check Date: 07/02/2021
Vendor: Lindasu
Lindasu McDonald Acct 7987850281
W18651-29
Retiree Health Ins Reimb. July 2021
07/02/2021
463.56
Check Total:
463.56
Check No:
20293 Check Date: 07/02/2021
Vendor: MAI
Jill Maiten- Acct # 6719873306
W18651-30
Retiree Health Ins Reimb. July 2021
Retiree
07/02/2021
211.99
Check Total:
211.99
Check No:
20294 Check Date: 07/02/2021
Vendor: Masankay
Norberto Masangkay
W18651-31
Retiree Health Ins Reimb. July 2021
Retiree
07/02/2021
182.64
Check Total:
182.64
Check No:
20295 Check Date: 07/02/2021
Vendor: MCGO1
Kathleen McGlynn
W18651-32
Retiree Health Ins Reimb. July 2021
Retiree
07/02/2021
245.21
Check Total:
245.21
Check No:
20296 Check Date: 07/02/2021
Vendor: MILLER01
Joseph Miller IV
W18651-33
Retiree Health Ins Reimb. July 2021
07/02/2021
1,455.44
Check Total:
1,455.44
Check No:
20297 Check Date: 07/02/2021
Vendor: MOR01
William Moran
W18651-34
Retiree Health Ins Reimb. July 2021
07/02/2021
470.02
Check Total:
470.02
Check No:
20298 Check Date: 07/02/2021
Vendor: MOU01
Moulton, Kay
W18651-35
Retiree Health Ins Reimb. July 2021
Retiree
07/02/2021
242.96
Check Total:
242.96
Check No:
20299 Check Date: 07/02/2021
Vendor: MUL02
Mullins, Robert
W18651-36
Retiree Health Ins Reimb. July 2021
07/02/2021
1,151.93
Check Total:
1,151.93
Check No:
20300 Check Date: 07/02/2021
Vendor: NET03
James E. Nettleton
W18651-37
Retiree Health Ins Reimb. July 2021
Retiree
07/02/2021
556.94
Check Total:
556.94
Check No:
20301 Check Date: 07/02/2021
Vendor: Olson
Timothy Olson
W18651-38
Retiree Health Ins Reimb. July 2021
07/02/2021
1,085.21
Check Total:
1,085.21
Check No:
20302 Check Date: 07/02/2021
Vendor: PAA01
Rick Paap
W18651-39
Retiree Health Ins Reimb. July 2021
Retiree
07/02/2021
92.63
Check Total:
92.63
Check No:
20303 Check Date: 07/02/2021
Vendor: PAL05
Marcie Palmitier
W18651-40
Retiree Health Ins Reimb. July 2021
Retiree
07/02/2021
206.97
Check Total:
206.97
Check No:
20304 Check Date: 07/02/2021
Vendor: PIC06
Stacy Picascia
W18651-41
Retiree Health Ins Reimb. July 2021
Retiree
07/02/2021
238.25
Check Total:
238.25
Check No:
20305 Check Date: 07/02/2021
Vendor: RAN03
Ransdell, Rick
W18651-42
Retiree Health Ins Reimb. July 2021
07/02/2021
900.20
Check Total:
900.20
Check No:
20306 Check Date: 07/02/2021
Vendor: Risinger
Mark Risinger
W18651-43
Retiree Health Ins Reimb. July 2021
Retiree
07/02/2021
1,350.20
Page 3
City of Seal Beach Accounts Payable
User:vrodriguez Checks by Date - Detail by Check Number
Invoice No Description Reference Invoice Date
Check Total:
Check No: 20307 Check Date: 07/02/2021 Vendor: R0001 Dennis Root Acct # 2858968270
W18651-44 Retiree Health Ins Reimb. July 2021 Retiree 07/02/2021
Check Total:
Check No: 20308 Check Date: 07/02/2021 Vendor: SCOTT03 John Scott
W18651-45 Retiree Health Ins Reimb. July 2021 07/02/2021
Check Total:
Check No: 20309 Check Date: 07/02/2021 Vendor: SERNA
W18651-46 Retiree Health Ins Reimb. July 2021 Retiree Health
Check No: 20310 Check Date: 07/02/2021 Vendor: SHI01
W18651-47 Retiree Health Ins Reimb. July 2021 Retiree
Check No: 20311 Check Date: 07/02/2021 Vendor: SIDES
W18651-48 Retiree Health Ins Reimb. July 2021 Retiree
Check No: 20312 Check Date: 07/02/2021 Vendor: STA04
W18651-49 Retiree Health Ins Reimb. July 2021 Retiree
Check No: 20313 Check Date: 07/02/2021 Vendor: STA57
W18651-50 Retiree Health Ins Reimb. July 2021 Retiree
Check No: 20314 Check Date: 07/02/2021 Vendor: STE04
W18651-51 Retiree Health Ins Reimb. July 2021 Retiree Health
Check No: 20315 Check Date: 07/02/2021 Vendor: STI01
W18651-52 Retiree Health Ins Reimb. July 2021 Retiree
Check No: 20316 Check Date: 07/02/2021 Vendor: STO05
W18651-53 Retiree Health Ins Reimb. July 2021 Retiree
Check No: 20317 Check Date: 07/02/2021 Vendor: SUL07
W18651-54 Retiree Health Ins Reimb. July 2021 Retiree
Serna, Paul
07/02/2021
Check Total:
Vicki Shirley
07/02/2021
Check Total:
Pam Sides
07/02/2021
Check Total:
Steve Staley Acct # 78663009
07/02/2021
Check Total:
Robert Stanzione
07/02/2021
Check Total:
Michele Stearns
07/02/2021
Check Total:
Stephanie Stinson
07/02/2021
Check Total:
Steve Stockett
07/02/2021
Check Total:
Patrick Sullivan
07/02/2021
Check Total:
Check No:
20318 Check Date: 07/02/2021
Vendor: UGGLA
Michael Uggla
W18651-55
Retiree Health Ins Reimb. July 2021
07/02/2021
Check Total:
Check No:
20319 Check Date: 07/02/2021
Vendor: VAN02
David Van Holt
W18651-56
Retiree Health Ins Reimb. July 2021
Retiree
07/02/2021
Check Total:
Check No:
20320 Check Date: 07/02/2021
Vendor: Vilensky
Kevin Vilensky
W18651-57
Retiree Health Ins Reimb. July 2021
Retiree
07/02/2021
Check Total:
Printed: 07/16/2021 11:11
Detail
Check Amount
1,350.20
Page 4
619.50
619.50
1,833.44
1,833.44
464.76
464.76
115.78
115.78
168.56
168.56
238.25
238.25
283.88
283.88
149.99
149.99
21.78
21.78
359.53
359.53
550.70
550.70
68.97
68.97
102.78
102.78
168.56
168.56
City of Seal Beach Accounts Payable
User:vrodriguez Checks by Date - Detail by Check Number
Invoice No Description Reference Invoice Date
Check No: 20321 Check Date: 07/02/2021 Vendor: WACO2 John Wachtman
W18651-58 Retiree Health Ins Reimb. July 2021 Retiree 07/02/2021
Check Total:
Check No: 20322 Check Date: 07/02/2021 Vendor: WALTON Karen Walton
W18651-59 Retiree Health Ins Reimb. July 2021 07/02/2021
Check Total:
Check No: 20323 Check Date: 07/02/2021 Vendor: Watson02 Jeff Watson
W18651-60 Retiree Health Ins Reimb. July 2021 Retiree 07/02/2021
Check Total:
Check No: 20324 Check Date: 07/02/2021 Vendor: WHI16 Lee Whittenberg
W18651-61 Retiree Health Ins Reimb. July 2021 Retire 07/02/2021
Check Total:
Check No: 20325 Check Date: 07/02/2021 Vendor: ZAN01
W18651-62 Retiree Health Ins Reimb. July 2021 Retiree
Check No: 20326 Check Date: 07/02/2021 Vendor: CAL146
PR Batch 13 7 2021 Case No 200000002
Check No: 20327 Check Date: 07/02/2021 Vendor: cea
PR Batch 13 7 2021 SBMMA Dues - CEA
Check No: 20328 Check Date: 07/02/2021 Vendor: CIT48
PR Batch 13 7 2021 SBSPA Dues (CEA)
Check No: 20329 Check Date: 07/02/2021
PR Batch 13 7 2021 OCEA Dues
Check No: 20330 Check Date: 07/02/2021
PR Batch 13 7 2021 PMA Dues
Check No: 20331 Check Date: 07/02/2021
PR Batch 13 7 2021 POA Dues
Check No: 20332 Check Date: 07/02/2021
PR Batch 13 7 2021 SBMSMA Dues
Dean Zanone
07/02/2021
Check Total:
California State Disbursement
06/30/2021
Check Total:
City Employees Associates
06/30/2021
Check Total:
SBSPA
06/30/2021
Check Total:
Vendor: OCE01 O. C.E.A.
Printed: 07/16/2021 11:11
Detail
Check Amount
06/30/2021
Check Total:
Vendor: PMA Seal Beach Police Management Association
06/30/2021
Check Total:
Vendor: POA01 Seal Beach Police Officers Assoc
06/30/2021
Check Total:
Vendor: SBMSMA SBMSMA
06/30/2021
Check Total:
Check No: 20333 Check Date: 07/02/2021 Vendor: USB US Bank Pars 6746022400
PR Batch 13 7 2021 PARS Employee Por 06/30/2021
PR Batch 13 7 2021 PARS Employer Por 06/30/2021
Check No: 20334 Check Date: 07/06/2021
2525/6-2021 Statement Credit
2525/6-2021 Desk Stand for 2 Screens
2525/6-2021 GFOA Membership- A Hoang
2525/6-2021 Budget Team Working Lunch
Check Total:
Vendor: BUS08 BUSINESS CARD
06/10/2021
06/10/2021
06/10/2021
06/10/2021
556.94
556.94
970.88
970.88
369.76
369.76
556.94
556.94
328.00
328.00
372.46
372.46
73.84
73.84
219.26
219.26
216.04
216.04
400.00
400.00
1,400.00
1,400.00
34.62
34.62
5,654.65
1,168.71
6,823.36
-1,239.00
38.01
225.00
49.28
Page 5
City of Seal Beach
Accounts Payable
Printed: 07/16/2021 11:11
User:vrodriguez
Checks by Date - Detail by Check Number
Detail
Invoice No Descrintion Reference Invoice Date
Check Amount
2525/6-2021
Finance Team Working Lunch
06/10/2021
115.51
2525/6-2021
Refund- for Smart Sign
06/10/2021
-14.28
2525/6-2021
Refund- for Smart Sign
06/10/2021
-14.28
2525/6-2021
Screen Protectors
06/10/2021
23.90
2525/6-2021
Flowers for Employee in Hospital
06/10/2021
94.61
2525/6-2021
Pens/Signs
06/10/2021
42.34
2525/6-2021
Storage Rack/ Coffee Maker
06/10/2021
254.44
2525/6-2021
Reframing Pictures
06/10/2021
2,070.43
2525/6-2021
Newspaper Rack
06/10/2021
120.68
2525/6-2021
Dell XPS Laptop
06/10/2021
1,809.16
2525/6-2021
Curved Desktop Monitor
06/10/2021
631.95
2525/6-2021
Vidabox
06/10/2021
692.99
2525/6-2021
Monitors/ Frames
06/10/2021
745.48
2525/6-2021
24 Inch Monitors
06/10/2021
621.92
2525/6-2021
Webnetwork Solutions
06/10/2021
158.49
2525/6-2021
Zoom
06/10/2021
374.00
2525/6-2021
Law Enforcement Operators Training
06/10/2021
300.00
2525/6-2021
Annual IACP Conference
06/10/2021
425.00
2525/6-2021
Lunch for OCDA Meeting
06/10/2021
80.74
2525/6-2021
Annual CHIA Conf-Fisher
06/10/2021
349.00
2525/6-2021
Annual CHIA Conf- Balderrama
06/10/2021
349.00
2525/6-2021
Laptop Shoulder Bag
06/10/2021
39.14
2525/6-2021
Lithium Deep Cycle Battery/Charger
06/10/2021
152.19
2525/6-2021
Junction Boxes with Mounting Plates
06/10/2021
77.13
2525/6-2021
Junction Boxes with Mounting Plates
06/10/2021
99.98
2525/6-2021
USB C Port Hub Multiport Adapter
06/10/2021
25.44
2525/6-2021
12V Smart Chargers for Lithium Batte
06/10/2021
75.00
2525/6-2021
Junction Boxes
06/10/2021
525.68
2525/6-2021
Power Over Ethernet Inline Converter
06/10/2021
86.95
2525/6-2021
3 Webcams with Microphones
06/10/2021
88.05
2525/6-2021
Crucial X6 Portable External Solid D
06/10/2021
250.11
2525/6-2021
Padlock Encrypted Portable Hard Driv
06/10/2021
263.63
2525/6-2021
Car Cover for Saleen Mustang
06/10/2021
159.99
2525/6-2021
Detective Vehicle Rental -6 Weeks
06/10/2021
1,222.82
2525/6-2021
Detective Vehicle Rental- 1 Day
06/10/2021
40.22
2525/6-2021
USB Wall Charges/Parking
06/10/2021
28.26
2525/6-2021
USB Wall Charger /Parking
06/10/2021
14.12
2525/6-2021
Pre -Paid Day Bus Passes for Homeless
06/10/2021
997.00
2525/6-2021
Pepperball Air Tank Refill
06/10/2021
110.00
2525/6-2021
SP Marina Products
06/10/2021
1,283.45
Check Total:
13,843.53
Check No: 20335 Check Date: 07/08/2021
Vendor: ABM03 ABM Industries Inc
16235908
Retention PR2103ex-080
06/25/2021
-6,560.27
16235908
Almond Park Lighting Improve. \ Almo
06/25/2021
131,205.46
Check Total:
124,645.19
Check No: 20336 Check Date: 07/08/2021
Vendor: AFLO1 AFLAC
076641
Services June 2021
07/01/2021
2,229.95
Check Total:
2,229.95
Check No: 20337 Check Date: 07/08/2021
Vendor: AME01 American Heritage Life
42471
Services June 2021
06/07/2021
13.00
Check Total:
13.00
Check No: 20338 Check Date: 07/08/2021
Vendor: ARA05 Aramark Uniform Services
589000156169
Scraper Mat
06/17/2021
49.14
589000160413
Scraper Mat
06/24/2021
49.13
589000160409
Scraper Mat
06/24/2021
55.34
589000156165
Scraper Mat
06/17/2021
55.34
Page 6
City of Seal Beach Accounts Payable Printed: 07/16/2021 11:11
User:vrodriguez Checks by Date - Detail by Check Number Detail
Invoice No
Description
Reference
Invoice Date
Check Amount
589000156169
Scraper Mat
06/17/2021
49.13
589000160413 Scraper Mat
06/24/2021
49.14
589000160409 Scraper Mat
06/24/2021
55.34
589000156165
Scraper Mat
06/17/2021
55.34
Check Total:
417.90
Check No:
20339 Check Date: 07/08/2021
Vendor: ASM
ASM Affiliates
22777
Proposal for Cultural Resources Muni
06/17/2021
1,000.00
Check Total:
1,000.00
Check No:
20340 Check Date: 07/08/2021
Vendor: BAILEY4
Denice Bailey
04.07.2021
Tution Reimb Spring 2021
04/07/2021
417.50
04.07.2021
Tution Reimb Spring 2021
04/07/2021
417.50
04.07.2021
Tution Reimb Spring 2021
04/07/2021
1,043.75
04.07.2021
Tution Reimb Spring 2021
04/07/2021
1,252.50
04.07.2021
Tution Reimb Spring 2021
04/07/2021
208.75
04.07.2021
Tution Reimb Spring 2021
04/07/2021
835.00
Check Total:
4,175.00
Check No:
20341 Check Date: 07/08/2021
Vendor: BARICH
Lauren Barich
W20681
Wellness Benefit
06/23/2021
400.00
Check Total:
400.00
Check No:
20342 Check Date: 07/08/2021
Vendor: BAT06
Battery Systems Inc
6762731
Battery
06/24/2021
269.13
6763301
Batteries
06/24/2021
908.78
Check Total:
1,177.91
Check No:
20343 Check Date: 07/08/2021
Vendor: BAY08
Bay Hardware
356427
Angle Ball Valve/ PVC Pipe
06/23/2021
22.90
356382
Quick Spray Wax
06/21/2021
16.29
356381
Ice Detailer Spray
06/21/2021
10.86
356327
Black HD Bungee
06/17/2021
27.20
356378
Beehive Plunger
06/21/2021
23.89
356404
Natural Wood Filler
06/22/2021
5.86
356433
Paint/ Blue Tape
06/24/2021
62.85
356359
Mini pop-up/ PVC Elbow/Nipple
06/18/2021
6.83
356411
Minwax
06/22/2021
7.60
356415
Screws/Nuts/ Bolts
06/23/2021
27.63
356435
Screws/Nuts/ Bolts
06/24/2021
35.06
356355
Screws/Nuts/ Bolts
06/18/2021
23.75
356358
Screws/Nuts/ Bolts
06/18/2021
1.31
356337
Return Hinge- Orig Inv 356329
06/17/2021
-14.65
356329
Broad Hinge/Screw/ Washers/Bolts
06/17/2021
40.06
355999
Revolver Nozzle / Battery
05/25/2021
24.41
Check Total:
321.85
Check No:
20344 Check Date: 07/08/2021
Vendor: BOG03
Bogart's Coffee
1296
Musicians in the Park5-29/30 6-5/6/2
06/07/2021
200.00
1295
Musicians in the Park May 15,16,23,2
05/25/2021
200.00
1297
Musicians in the park 6-12/13/19/20
06/21/2021
200.00
Check Total:
600.00
Check No:
20345 Check Date: 07/08/2021
Vendor: BOICE
Jarrett Boice
W20680
Reimb. Website Building Software
06/22/0021
167.00
Check Total:
167.00
Check No:
20346 Check Date: 07/08/2021
Vendor: B0005
Boot Barn
:578527
Work Boots- Lapante
06/24/2021
240.89
Page 7
City of Seal Beach
Accounts Payable
Printed: 07/16/2021 11:11
User:vrodriguez Checks by Date - Detail by Check Number
Detail
l"ry ice No
Descrintidn Reference Invoice Date
Check Amount
INV00113869 Work Boots/Socks- C Wekerle
06/25/2021
250.00
Check Total:
490.89
Check No:
20347 Check Date: 07/08/2021
Vendor: BRA13 Bravo Sign & Design
210056R
New Front Sign for Tennis & Pickleba
06/21/2021
8,544.38
Check Total:
8,544.38
Check No:
20348 Check Date: 07/08/2021
Vendor: BRO33 Brownells, Inc.
20985027.00 Mag514-B1k Multi Mission Sling Gen2b
06/29/2021
407.07
20985027.00 MAG557-B1k Pmag 30 AR/M4 Gen M3
09/29/2021
289.49
20985027.00 AR -15/M16 Mil -Spec Receiver Extensio
06/29/2021
48.27
Check Total:
744.83
Check No:
20349 Check Date: 07/08/2021
Vendor: BSN02 BSN SPORTS, INC.
912892541
McGaugh Park Equipment Nets
06/07/2021
791.84
Check Total:
791.84
Check No:
20350 Check Date: 07/08/2021
Vendor: CIN04 Cintas Corporation # 640
4088349792
Uniform Service 6-28-2021
06/28/2021
3.45
4087708319
Uniform Service 6-21-2021
06/21/2021
3.45
4088349792
Uniform Service 6-28-2021
06/28/2021
4.15
4087708319
Uniform Service 6-21-2021
06/21/2021
4.15
4088349792
Uniform Service 6-28-2021
06/28/2021
18.32
4087708319
Uniform Service 6-21-2021
06/21/2021
18.32
4088349792
Uniform Service 6-28-2021
06/28/2021
30.71
4087708319
Uniform Service 6-21-2021
06/21/2021
30.90
4088349792
Uniform Service 6-28-2021
06/28/2021
26.64
4087708319
Uniform Service 6-21-2021
06/21/2021
76.11
4088349792
Uniform Service 6-28-2021
06/28/2021
8.50
4087708319
Uniform Service 6-21-2021
06/21/2021
8.50
Check Total:
233.20
Check No:
20351 Check Date: 07/08/2021
Vendor: CIT01 City Of Cypress
12413
Emergency Declaration 2020 \ Emergen
06/17/2021
1,250.00
Check Total:
1,250.00
Check No:
20352 Check Date: 07/08/2021
Vendor: CIT30 City of Long Beach
06.23.2021
Services Jan- March 2021
06/23/2021
5,191.09
Check Total:
5,191.09
Check No:
20353 Check Date: 07/08/2021
Vendor: CIT63 City of Seal Beach Petty Cash
W21325
Replenish Petty Cash
06/22/0021
45.31
W21325
Replenish Petty Cash
06/22/0021
89.91
W21325
Replenish Petty Cash
06/22/0021
4.15
W21325
Replenish Petty Cash
06/22/0021
3.00
W21325
Replenish Petty Cash
06/22/0021
16.30
W21325
Replenish Petty Cash
06/22/0021
59.96
W21325
Replenish Petty Cash
06/22/0021
50.00
W21325
Replenish Petty Cash
06/22/0021
20.00
W21325
Replenish Petty Cash
06/22/0021
40.00
W21325
Replenish Petty Cash
06/22/0021
6.33
W21325
Replenish Petty Cash
06/22/0021
54.86
W21325
Replenish Petty Cash
06/22/0021
315.60
W21325
Replenish Petty Cash
06/22/0021
10.00
W21325
Replenish Petty Cash
06/22/0021
85.39
Check Total:
800.81
Check No: 20354 Check Date: 07/08/2021
Vendor: CLA25 Clancys Saloon Inc
W18724
Overpayment of Business License
06/24/2021
353.50
Page 8
City of Seal Beach Accounts Payable
User:vrodriguez Checks by Date - Detail by Check Number
Invoice No Description Reference Invoice Date
Check Total:
Check No: 20355 Check Date: 07/08/2021 Vendor: CLARK05 Michael Clark
333073-03 Instructor Pay 6-14 to 7-1-2021 07/02/2021
Check Total:
Check No: 20356 Check Date: 07/08/2021
06.25.2021 Camp Week 2 6-21 to 6-25-2021
06.18.2021 Camp Week 16-14 to 6-18-2021
06.15.2021 Junior Academy - June
Check No: 20357 Check Date: 07/08/2021
I21-3247 Chemicals Delivered 6-16-21
Check No: 20358 Check Date: 07/08/2021
68147 May 2021 Tag Jobs
Check No: 20359 Check Date: 07/08/2021
601 SK7907-3 Extend conduit on roof for PTZ cable
601SL7403-1 Installation 4 high definition camer
601 SL7404-1 Access Control Upgrade as per quote
Check No: 20360 Check Date: 07/08/2021
SH59404 OCATS Services June 2021
Check No: 20361 Check Date: 07/08/2021
9053372
P-3 Pullup system
9053372
Rogue GH -1
9053372
Concrete Anchor Kit for R-3
9053372
Plate Storage
9053372
RML -3 Monster lite power rack
9053372
Rogue Echo Bike
9053372
Rogue Echo Gym Timer
Check No: 20362 Check Date: 07/08/2021
016 Services June 2021
Check No: 20363 Check Date: 07/08/2021
333035-01 Instructor Pay 1-1 to 7-1-2021
Check No: 20364 Check Date: 07/08/2021
514370 Services May 2021
513929 Services May 2021
Check No: 20365 Check Date: 07/08/2021
061521 Diesel
Vendor: COL36 CMY
Printed: 07/16/2021 11:11
Detail
Check Amount
353.50
1,984.32
1,984.32
Page 9
06/25/2021
5,731.20
06/18/2021
3,828.80
06/15/2021
743.60
Check Total:
10,303.60
Vendor: COM46
Commercial Aquatic Services
06/16/2021
362.95
Check Total:
362.95
Vendor: COM47
Commercial Building Management
06/01/2021
1,540.00
Check Total:
1,540.00
Vendor: CON38
Convergint Technologies LLC
06/17/2021
2,858.95
06/21/2021
2,422.00
06/21/2021
4,224.50
Check Total:
9,505.45
Vendor: COU32
County of Orange
06/17/2021
1,273.33
Check Total:
1,273.33
Vendor: COU54
Coulter Ventures LLC
06/16/2021
776.82
06/16/2021
580.13
06/16/2021
13.30
06/16/2021
95.02
06/16/2021
777.23
06/16/2021
745.00
06/16/2021
280.25
Check Total:
3,267.75
Vendor: CYP
Cypress SB Car Spa Inc.
07/01/2021
842.00
Check Total:
842.00
Vendor: DAN02
Brenda Danielson
07/01/2021
78.00
Check Total:
78.00
Vendor: DEPART
Department of Justice
06/03/2021
64.00
06/03/2021
416.00
Check Total:
480.00
Vendor: DIOL
Dion and Sons Inc
06/15/2021
255.75
Check Total:
255.75
Page 9
City of Seal Beach
Accounts Payable
User:vrodriguez Checks by Date - Detail by Check Number
Invoice N0
Deserintion Reference
Invoice Date
Check No:
20366 Check Date: 07/08/2021
Vendor: DIR09
DIRECTV
45850295X210623ervices 6-27 to 7-26-21
06/28/2021
51798338X21062Services 6-26 to 7-25-21
06/27/2021
Check Total:
Check No:
20367 Check Date: 07/08/2021
Vendor: EMP09
Empire Safety & Supply
0112008 -IN
Black nitrile gloves - Medium
06/18/2021
0112008-fN
Black Nitrile Gloves - Large
06/18/2021
0112008 -IN
Black Nitrile Gloves - Extra Large
06/18/2021
Check Total:
Check No:
20368 Check Date: 07/08/2021
Vendor: FAT02
Maria Fattal
333060-01
Instructor Pay 1-1 to 7-1-2021
07/01/2021
Check Total:
Check No:
20369 Check Date: 07/08/2021
Vendor: FRE10
FREY Environmental, Inc.
W21205
Eng Insp Reimb DPW04248/Rec581502
06/22/0021
W21205
Eng Insp Reimb DPW04248/Rec581502
06/22/0021
Check Total:
Check No:
20370 Check Date: 07/08/2021
Vendor: FRO02
Frontier Communications
56243 16879/7-2 1 Services 6-25 to 7-24-2021
06/25/2021
5625986069/7-2 1 Services 6-25 to 7-24-2021
06/25/2021
Check Total:
Check No:
20371 Check Date: 07/08/2021
Vendor: FUNES
Samuel Funes
06.08.2021
Tuition Reimb. Spring 2021
06/08/2021
Check Total:
Check No:
20372 Check Date: 07/08/2021
Vendor: GMU
GMU Geotechnical, Inc
59879
OCTA 405 Widening Coop Agrmt \ OCTA
06/09/2021
Check Total:
Check No:
20373 Check Date: 07/08/2021
Vendor: GRA08
Grainger
9926049918
Key Control Cabinets
06/08/2021
9942572885
Safety Glasses- Return
06/23/2021
9942901258
Safety Glasses- Return
06/23/2021
9926049918
Key Control Cabinets
06/08/2021
Check Total:
Check No:
20374 Check Date: 07/08/2021
Vendor: GSWC
Golden State Water Company
23113000006 Services 4-21 to 6-23-2021
06/23/2021
Check Total:
Check No: 20375 Check Date: 07/08/2021
242044-03 Instructor Pay 1-1 to 6-16-2021
Check No: 20376 Check Date: 07/08/2021
47468 On -Call Asphalt Maintenance & Repair
47469 On -Call Asphalt Maintenance & Repair
Check No: 20377 Check Date: 07/08/2021
SIN009310 Contract Services -Sales tax Q4/2020
Vendor: HANNA Akemi Hanna
06/16/2021
Check Total:
Vendor: HAR39 Hardy & Harper. Inc.
05/27/2021
05/27/2021
Check Total:
Vendor: HDLO1 Hinderliter, del Llamas & Asso
06/22/0021
Check Total:
Printed: 07/16/2021 11:11
Detail
Check Amount
238.99
160.99
399.98
502.90
754.36
502.90
1,760.16
3,386.25
3,386.25
-651.93
1,086.86
434.93
127.16
127.16
254.32
2,871.07
2,871.07
7,983.00
7,983.00
26.91
-237.77
237.77
26.90
53.81
183.72
183.72
328.25
328.25
16,873.00
14,904.00
31,777.00
1,516.36
1,516.36
Page 10
City of Seal Beach
User:vrodriguez C
Invoice No Description
Check No: 20378 Check Date: 07/08/2021
9717740 Services Oct 2020
9718291 Services May 2021
Check No: 20379 Check Date: 07/08/2021
8290881 Valves
8290882 Battery,/ Cell Share/ Cool Turtle
9024679 Homer Buckets/Grips/Putty Knife
4475547 Ice Machine
Accounts Payable
Ch by Date - Detail by Check Number
Ref
erence Invoice Date
Vendor: HF& HF&H Consultants LLC
11/30/2020
06/11/2021
Check Total:
Vendor: HOM01 Home Depot Credit Services
06/23/2021
06/23/2021
06/02/2021
05/28/2021
Check Total:
Interwest Consulting Group
06/09/2021
Check Total:
Vendor: J&L J & L Constructors Inc
06/16/2021
06/16/2021
Check Total:
Vendor: KIM11 Joo W. Kim
06/22/2021
Check Total:
Vendor: LNC L.N. Curtis & Sons
06/14/2021
Check Total:
Vendor: LON25 Long Beach BMW
06/22/2021
06/23/2021
Check Total:
Vendor: LOS25 Los Alamitos Lock Service, Inc
06/07/2021
Check Total:
Vendor: LYT02 Lytle Screen Printing Inc.
06/17/2021
Check Total:
Vendor: M&M05 M & M Surfing
06/16/2021
07/01/2021
07/01/2021
Check Total:
Vendor: MAD O.C. Mad Science
07/01/2021
Check Total:
Check No: 20380 Check Date: 07/08/2021 Vendor: int51
69585 Permit Review & Plan Check -May 2021
Check No: 20381 Check Date: 07/08/2021
000404 Retention WT2107ex-019
000404 Navy Res. Ext. Cathodic Protection
Check No: 20382 Check Date: 07/08/2021
W21302 Double Payment on BL
Check No: 20383 Check Date: 07/08/2021
INV498464 Short Sleeve Polo
Check No: 20384 Check Date: 07/08/2021
217535 Brake Pads/ Oil/ Oil Filter /Gasket
217597 Front Wheel Fender
Check No: 20385 Check Date: 07/08/2021
R13856 Keys/ Rekey Locks
Check No: 20386 Check Date: 07/08/2021
74960 Polo Shirts
Check No: 20387 Check Date: 07/08/2021
367061-01 Instructor Pay 1-1 to 6-16-21
367062-01 Instructor Pay 1-1 to 9-03-2021
367061-02 Instructor Pay 1-1 to 7-1-2021
Check No: 20388 Check Date: 07/08/2021
327199-01 Instructor Pay 1-1 to 7-1-2021
Check No: 20389 Check Date: 07/08/2021
220000009075 Bucket/ Oil/ Oil Pad/ Scrub
Check No: 20390 Check Date: 07/08/2021
800000035 Services 12-30-20 to 6-9-2021
Vendor: MAR83 Marina Supply Inc.
06/01/2021
Check Total:
Vendor: MEM08 Memorial Care
06/16/2021
Printed: 07/16/2021 11:11
Detail
Check Amount
4,398.75
1,543.25
5,942.00
569.24
249.10
717.00
2,176.95
3,712.29
960.00
960.00
-201.35
4,027.05
3,825.70
223.00
223.00
47.66
47.66
335.09
188.44
523.53
193.86
193.86
490.26
490.26
2,810.50
3,742.20
20,153.00
26,705.70
292.50
292.50
264.26
264.26
6,038.00
Page 11
City of Seal Beach
User:vrodriguez
Invoice No Description
Accounts Payable
Checks by Date - Detail by Check Number
Reference Invoice Date
Check No: 20391 Check Date: 07/08/2021 Vendor: MITI
367070-02 Instructor Pay 1-1 to 7-1-2021
Check No: 20392 Check Date: 07/08/2021 Vendor: MOR02
284469 Tires
284894 Tire
Check No: 20393 Check Date: 07/08/2021
W21343 Returned Direct Dep. /PR 6-13 to 6-2
Check No: 20394 Check Date: 07/08/2021
68222-829439 Splint/ Pocket Masks
Check Total:
Matthew Mitchell
07/01/2021
Check Total:
Morrison Tire Inc.
06/04/2021
06/23/2021
Check Total:
Vendor: NIELSENI Morgan Nielsen
07/07/2021
Check Total:
Vendor: NOR04 Normed Inc.
06/16/2021
Check Total:
Printed: 07/16/2021 11:11
Detail
Check Amount
6,038.00
624.00
624.00
681.25
98.95
780.20
770.17
770.17
257.12
257.12
Check No:
20395 Check Date: 07/08/2021
Vendor: NV5
NV5 Inc.
219118
Water Well Rehab Bolsa Chica
06/25/2021
3,600.00
Check Total:
3,600.00
Check No:
20396 Check Date: 07/08/2021
Vendor: OCWD
Orange County Water Dist.
W21207
Eng Insp Reimb. DPW04255/Rec582476
06/22/2021
-106.56
W21207
Eng Insp Reimb. DPW04255/Rec582476
06/22/2021
373.07
Check Total:
266.51
Check No:
20397 Check Date: 07/08/2021
Vendor: OFF05
Office Depot, Inc.
176876617001
Printer
06/10/2021
434.99
174215587001 Dater
06/14/2021
9.25
176877852001 Toner
06/10/2021
303.40
174338952001 Stamp Pad/ Paper
06/15/2021
331.26
Check Total:
1,078.90
Check No:
20398 Check Date: 07/08/2021
Vendor: OFF11
Office Solutions Business Prod
I-01886288
Post -its/ Pens/ Pads
06/24/2021
14.07
I-01886297
Cups/ Tissue
06/24/2021
33.04
I-01885503
Protector Sheets
06/22/2021
3.73
I-01886829
Staple Remover/Coffee/Spoons/Battery
06/25/2021
209.57
I-01885553
Soap/ Inkcart
06/22/2021
149.39
I-01886689
Push Pins
06/25/2021
8.42
I-01886285
Staples/ Flags/ Clips
06/24/2021
37.76
Check Total:
455.98
Check No:
20399 Check Date: 07/08/2021
Vendor: ONP05
On Point Exterminating Inc
8754
Pest Control June 2021- Edison Garde
06/22/2021
100.00
8682
Pest Control June 2021- Marina Cente
06/28/2021
50.00
8684
Pest Control June 2021- Library
06/28/2021
60.00
8651
Pest Control June 2021- City Hall
06/28/2021
65.00
8681
Pest Control June 2021- Edison Park
06/25/2021
150.00
8649
Pest Control June 2021- Tennis Court
06/25/2021
75.00
8683
Pest Control June 2021- Lifeguard
06/28/2021
60.00
Check Total:
560.00
Check No:
20400 Check Date: 07/08/2021
Vendor: ORVAC
Orvac Electronics
INV660994
Speaker Line/ Low Voltage Plate
06/17/2021
123.64
Check Total:
123.64
Page 12
City of Seal Beach
User:vrodriguez C
Invoice No Description
Check No: 20401 Check Date: 07/08/2021
IV 122894 Lift Gate
IV 122989 Services May 2021
Accounts Payable
Ch by Date - Detail by Check Number
Reference Invoice Date
Vendor: PAR19 Parkeon Inc.
Check No: 20402 Check Date: 07/08/2021
2824 Steam Clean Tennis Courts 6-15-2021
Check No: 20403 Check Date: 07/08/2021
327040-01 Instructor Pay 1-1 to 7-1-2021
Check No: 20404 Check Date: 07/08/2021
SMA-M0521-240B&estment Advisory Services May 202
Check No: 20405 Check Date: 07/08/2021
0520211000 Services May 2021
Check No: 20406 Check Date: 07/08/2021
21-05 Polygraph AK
Check No: 20407 Check Date: 07/08/2021
14086 Table Throw
Check No: 20408 Check Date: 07/08/2021
130984 Envelopes
Check No: 20409 Check Date: 07/08/2021
W21301 Double Payment on BL
Check No: 20410 Check Date: 07/08/2021
BI08001247A Disposable Halloween Kids Face Masks
BI08001633A Aqua Pen
Check No: 20411 Check Date: 07/08/2021
525266 Pre-employment Evals/ TB/ CB
Check No: 20412 Check Date: 07/08/2021
1IF0027940022 Water Deliveries 5-15 to 6-14-2021
OIF6702767435 Services 5-15 to 6-14-2021
OIF6702767435 Services 5-15 to 6-14-2021
Check No: 20413 Check Date: 07/08/2021
232292 Retainer - June 2021
Check No: 20414 Check Date: 07/08/2021
342073-01 Instructor Pay 1-1 to 7-1-2021
05/24/2021
05/25/2021
Check Total:
Vendor: PCS Monica Caruso
06/15/2021
Check Total:
Vendor: PENNYPOCAnne Pennypacker
07/01/2021
Check Total:
Vendor: PFM PFM Asset Management LLC
05/31/2021
Check Total:
Vendor: PHO02 Phoenix Group
06/15/2021
Check Total:
Vendor: PLP01 P.L. Perrin & Associates
06/30/2021
Check Total:
Vendor: PRI05 Print Masters
06/17/2021
Check Total:
Vendor: PRI17 The Printery, Inc.
06/24/2021
Check Total:
Vendor: PRI23 Prism Salon
06/18/2021
Check Total:
Vendor: PRO27 PROforma
Printed: 07/16/2021 11:11
Detail
Check Amount
2,474.06
315.00
2,789.06
775.00
775.00
2,486.40
2,486.40
2,375.74
2,375.74
220.00
220.00
250.00
250.00
688.28
688.28
1,366.23
1,366.23
223.00
223.00
252.30
558.50
810.80
800.00
800.00
86.87
43.19
43.19
173.25
20,500.00
20,500.00
32.50
Page 13
11/10/2020
06/16/2021
Check Total:
Vendor: PSY01
Psychological Consulting Assoc
05/31/2021
Check Total:
Vendor: REA03
Ready Refresh by Nestle
06/16/2021
06/16/2021
06/16/2021
Check Total:
Vendor: RICO2
Richards Watson & Gershon
06/22/2021
Check Total:
Vendor: ROADY
Suzanne Roady-Ross
07/01/2021
Printed: 07/16/2021 11:11
Detail
Check Amount
2,474.06
315.00
2,789.06
775.00
775.00
2,486.40
2,486.40
2,375.74
2,375.74
220.00
220.00
250.00
250.00
688.28
688.28
1,366.23
1,366.23
223.00
223.00
252.30
558.50
810.80
800.00
800.00
86.87
43.19
43.19
173.25
20,500.00
20,500.00
32.50
Page 13
City of Seal Beach
User:vrodriguez
Invoice No Descri»tion
Accounts Payable
Checks by Date - Detail by Check Number
Check No: 20415 Check Date: 07/08/2021
333040-01 Instuctor Pay 1-1 to 7-1-2021
Check No: 20416 Check Date: 07/08/2021
W20682 Reimb.Gloves/ Brushes for K9
Check No: 20417 Check Date: 07/08/2021
S100176264.001 Permatex Tube /Gasket
Check No: 20418 Check Date: 07/08/2021
2552 Temporary Planning Staff Services
2552 Temporary Planning Staff Services, C
Check No: 20419 Check Date: 07/08/2021
22732 Live Oaks
Check No: 20420 Check Date: 07/08/2021
700067356541 Services 6-1 to 6-29-2021
700120437466 Services 5-13 to 6-24-2021
700397174224 Services 6-1 to 6-29-2021
700120048961 Services 5-14 to 6-14-2021
700067356541 Services 6-1 to 6-29-2021
700120437466 Services 5-13 to 6-24-2021
700446884094 Services 6-1 to 6-29-2021
700498009865 Services 6-1 to 6-30-2021
700120437466 Services 5-13 to 6-24-2021
700067356541 Services 6-1 to 6-29-2021
700120437466 Services 5-13 to 6-24-2021
700201844920 Services 6-1 to 6-30-2021
700572690569 Services 6-2 to 6-30-2021
700361752854 Services 6-1 to 6-30-2021
700356744422 Services 6-2 to 6-30-2021
700130182532 Services 6-1 to 6-30-2021
700120048961 Services 5-14 to 6-14-2021
700120437466 Services 5-13 to 6-24-2021
700120437466 Services 5-13 to 6-24-2021
700120437466 Services 5-13 to 6-24-2021
700599157829 Services 6-3 to 7-1-2021
700012739477 Services 6-3 to 7-1-2021
700009027411 Services 6-3 to 7-1-2021
700120437466 Services 5-13 to 6-24-2021
Check No: 20421 Check Date: 07/08/2021
S01206 New Holland Tractor Repair
Reference
Invoice Date
Check Total:
Vendor: ROGERs04 Gary Rogers
07/01/2021
Check Total:
Vendor: RUIZ05 Victor Ruiz
Printed: 07/16/2021 11:11
Detail
Check Amount
32.50
1,166.75
1,166.75
07/01/2021 77.89
Check Total: 77.89
Vendor: S&j01 S & J Supply Co
06/24/2021 103.88
Check Total: 103.88
Vendor: SAG02 Sagecrest Planning and Environ
05/31/2021 2,407.50
05/31/2021 6,855.00
Check Total: 9,262.50
Vendor: SAK02 Sakaida Nursery Inc
06/04/2021 499.96
Check Total: 499.96
Vendor: SCE01 Southern Calif. Edison
06/30/2021
41.25
06/30/2021
7,378.57
06/30/2021
78.08
07/02/2021
1,890.75
06/30/2021
92.78
06/30/2021
431.23
06/30/2021
20.88
07/02/2021
1,846.91
06/30/2021
1,476.23
06/30/2021
1,229.02
06/30/2021
187.01
07/02/2021
81.32
07/02/2021
39.05
07/02/2021
61.42
07/02/2021
96.89
07/02/2021
14,975.81
07/02/2021
70.83
06/30/2021
62.17
06/30/2021
11,579.73
06/30/2021
534.11
07/02/2021
301.79
07/02/2021
209.91
07/02/2021
22.04
06/30/2021
1,947.13
Check Total:
44,654.91
Vendor: SCO09 Scott Equipment Inc
05/20/2021
Check Total:
Check No: 20422 Check Date: 07/08/2021 Vendor: SEA33 Seal Beach Sun Newspaper
00107136 Bidding Threshold 06/17/2021
00107135 ZTA 21-2 06/17/2021
00107137 ZTA 21-2 06/17/2021
00106385 2020 Urban Water 05/27/2021
4,070.78
4,070.78
Page 14
265.00
345.00
345.00
840.00
City of Seal Beach Accounts Payable Printed: 07/16/2021 11:11
User:vrodriguez Checks by Date - Detail by Check Number Detail
Invoice No Description Reference Invoice Date Check Amount
Check Total: 1,795.00
Check No: 20423 Check Date: 07/08/2021
Vendor: SIE11
Siemens Mobility Inc
5620035181 OCTA 405 Widening Coop Agrmt
06/10/2021
429.00
Check Total:
429.00
Check No: 20424 Check Date: 07/08/2021
Vendor: sky04
Skyline Safety and Supply
6321 Coppertone Sport Sunscreen spray
06/25/2021
299.40
6321 Coppertone Sport Sunscreen lotion
06/25/2021
298.39
Check Total:
597.79
Check No: 20425 Check Date: 07/08/2021
Vendor: SLO
Slotterbeck Roofing Co. Inc.
W21262 C & D Deposit Permit #2021-600/Rec58
06/21/2021
500.00
Check Total:
500.00
Check No: 20426 Check Date: 07/08/2021
Vendor: SOC
SoCal Auto & Truck Parts Inc.
4126-521092 Switch -Stoplight
06/23/2021
32.32
4126-520034 M -P Vise
06/15/2021
271.88
4126-521317 Oil/ Oil Filters
06/25/2021
294.04
4126-521319 Air Filters
06/25/2021
18.14
Check Total:
616.38
Check No: 20427 Check Date: 07/08/2021
Vendor: S0008
So. California Gas Co.
1483098500/6-2 1 Services 5-19 to 6-18-2021
06/22/2021
163.36
0286095 705/6-2 1 Services 5-18 to 6-17-2021
06/21/2021
22.79
0391095700/6-2 1 Services 5-18 to 6-17-2021
06/21/2021
317.61
0349464457/6-21Services 5-19 to 6-18-2021
06/22/2021
24.45
0895096603/6-2 1 Services 5-19 to 6-18-2021
06/22/2021
29.36
1672096500/6-2 1 Services 5-19 to 6-18-2021
06/22/2021
20.73
1630098500/6-2 1 Services 5-19 to 6-18-2021
06/22/2021
28.16
0643098600/6-2 1 Services 5-19 to 6-18-2021
06/22/2021
146.82
081193 7654/6-21Services 5-18 to 6-17-2021
06/21/2021
35.87
0349094500/6-2 1 Services 5-18 to 6-17-2021
06/21/2021
35.58
0811316591/6-21Services 5-19 to 6-18-2021
06/22/2021
24.45
Check Total:
849.18
Check No: 20428 Check Date: 07/08/2021
Vendor: SOC11
So Cal Land Maintenance Inc.
9536 Landscape Maint.- May 2021
05/04/2021
20,134.38
9626 Landscape Maint.- June 2021
06/30/2021
20,065.63
9618 Landscape Maint. Extra Work May 2021
06/22/2021
10,693.41
9626 Landscape Maint.- June 2021
06/30/2021
5,877.02
9618 Landscape Maint. Extra Work May 2021
06/22/2021
4,415.15
9536 Landscape Maint.- May 2021
05/04/2021
5,900.59
9536 Landscape Maint.- May 2021
05/04/2021
3,218.99
9626 Landscape Maint.- June 2021
06/30/2021
3,192.60
9618 Landscape Maint. Extra Work May 2021
06/22/2021
1,191.75
9536 Landscape Maint.- May 2021
05/04/2021
1,088.16
9626 Landscape Maint.- June 2021
06/30/2021
1,079.93
9618 Landscape Maint. Extra Work May 2021
06/22/2021
75.00
9536 Landscape Maint.- May 2021
05/04/2021
631.32
9626 Landscape Maint.- June 2021
06/30/2021
628.83
9627 Beach Detail Weeding June 2021
06/30/2021
1,560.00
9536 Landscape Maint.- May 2021
05/04/2021
1,090.93
9626 Landscape Maint.- June 2021
06/30/2021
1,078.45
9618 Landscape Maint. Extra Work May 2021
06/22/2021
472.05
9536 Landscape Maint.- May 2021
05/04/2021
229.90
9626 Landscape Maint.- June 2021
06/30/2021
229.34
9536 Landscape Maint.- May 2021
05/04/2021
3,573.27
9626 Landscape Maint.- June 2021
06/30/2021
3,557.29
9536 Landscape Maint.- May 2021
05/04/2021
1,856.65
Page 15
City of Seal Beach
User:vrodriguez
Invoice No Description
9626 Landscape Maint.- June 2021
Accounts Payable
Checks by Date - Detail by Check Number
Re
Check No: 20429 Check Date: 07/08/2021
11040 Legal Services
Check No: 20430 Check Date: 07/08/2021
110562378-001 Wood Chips
110075543-001 Mulch for landscaping
Check No: 20431 Check Date: 07/08/2021
00533702 Oxygen
Check No: 20432 Check Date: 07/08/2021
6430520002 Services March - July 2021
Check No: 20433 Check Date: 07/08/2021
02026401 Three (3) each, 12x18 "Edison Garden
Check No: 20434 Check Date: 07/08/2021
1794550 Lampson Ave Drainage Imp Proj \ Lamp
Check No: 20435 Check Date: 07/08/2021
358298 Coarse Salt
Check No: 20436 Check Date: 07/08/2021
1191642 Network Technology Refresh -City Hall
Check No: 20437 Check Date: 07/08/2021
0270666061921 Services 6-19 to 7-18-2021
0212676062321 Services 6-23 to 7-22-2021
0021291062621 Services 6-26 to 7-25-2021
Check No: 20438 Check Date: 07/08/2021
W21035 Eng Insp Reim DPW04227/Rec578262
W21035 Eng Insp Reim DPW04227/Rec578262
Check No: 20439 Check Date: 07/08/2021
522102280 Weekly Drinking Water Testing 6-14-2
522102307 Weekly Drinking Water Testing 6-21-2
Check No: 20440 Check Date: 07/08/2021
4877969-00 LED Lamp
Check No: 20441 Check Date: 07/08/2021
Refund check
ference Invoice Date
06/30/2021
Check Total:
Vendor: SOL06 Soloman Law, APC
06/30/2021
Check Total:
Vendor: SOU19 South Coast Supply
06/24/2021
06/10/2021
Check Total:
Vendor: SPE011 Spectrum Gas Products, Inc.
05/31/2021
Check Total:
Vendor: STA01 Standard Insurance Co. Rb
06/14/2021
Check Total:
Vendor: STA65 Statewide Traffic Safety and S
06/18/2021
Check Total:
Vendor: STA69 Stantec Consulting Services In
06/03/2021
Check Total:
Vendor: STE47 Step Saver CA LLC
06/21/2021
Check Total:
Vendor: SYN05 SYNOPTEK
04/27/2021
Check Total:
Vendor: TIM04 Time Warner Cable LLC
06/19/2021
06/23/2021
06/26/2021
Check Total:
Vendor: TLM TLM Petro Labor Force
06/22/2021
06/22/2021
Check Total:
Vendor: TRU01 ALS-Truesdail Laboratories, l
06/24/2021
06/27/2021
Check Total:
Vendor: TUR10 Turtle & Hughes, Inc.
05/06/2021
Check Total:
Vendor: UB*00337 Bonnie Barrus
06/29/2021
Printed: 07/16/2021 11:11
Detail
Check Amount -
1,845.68
93,686.32
4,059.00
4,059.00
187.91
375.82
563.73
242.00
242.00
35.16
35.16
46.50
46.50
7,466.00
7,466.00
50.69
50.69
32,032.13
32,032.13
118.75
260.95
204.48
584.18
-828.63
1,160.30
331.67
186.25
186.25
372.50
543.49
543.49
149.84
Page 16
Printed: 07/16/2021 11:11
Detail
Check Amount -
1,845.68
93,686.32
4,059.00
4,059.00
187.91
375.82
563.73
242.00
242.00
35.16
35.16
46.50
46.50
7,466.00
7,466.00
50.69
50.69
32,032.13
32,032.13
118.75
260.95
204.48
584.18
-828.63
1,160.30
331.67
186.25
186.25
372.50
543.49
543.49
149.84
Page 16
City of Seal Beach
Accounts Payable
User:vrodriguez Checks by Date - Detail by Check Number
Invoice No Description Reference
Invoice Date
Check Total:
Check No: 20442 Check Date: 07/08/2021
Vendor: UN121
United Rentals Northwest, Inc.
162856322-034 Tread Cleaning Plate
06/03/2021
Check Total:
Check No: 20443 Check Date: 07/08/2021
Vendor: UNI40
United Site Services of Califo
114-12050268 Rental 6-4 to 7-1-2021
06/09/2021
114-12108431 Rental 6-18 to 7-15-2021
06/23/2021
114-12050262 Rental 6-4 to 7-1-2021
06/09/2021
Check Total:
Check No: 20444 Check Date: 07/08/2021
Vendor: UNI42
University Escrow Inc.
W20779 Overepayment of BL UNI0010
06/29/2021
Check Total:
Check No: 20445 Check Date: 07/08/2021
Vendor: USA04
USA Bluebook
640485 Three (3) each, HACH DPD 4 (Total) 1
06/22/2021
640477 Four (4) each, Honeywell chart paper
06/22/2021
640477 Four (4) each, Honeywell chart paper
06/22/2021
640477 One (1) each, Nalgene bottle HDPE NM
06/22/2021
640477 One (1) each, SS wivel Dipper (8ft)
06/22/2021
Check Total:
Check No: 20446 Check Date: 07/08/2021
SI48235 C-10, Classic Series 6' Contoured Be
Check No: 20447 Check Date: 07/08/2021
53095 Police Badges
Vendor: vic02 Victor Stanley, Inc.
06/22/2021
Check Total:
Vendor: VVM V & V Manufacturing
06/28/2021
Check Total:
Check No: 20448 Check Date: 07/08/2021 Vendor: WGZ01 W.G. Zimmerman Engineer.
21-05-545 OCTA 405 Widening Coop Agrmt \ OCTA 06/07/2021
Check No: 20449 Check Date: 07/08/2021
1520179 Services Through 4-30-2021
1520178 Services Through 4-30-2021
Check No: 20450 Check Date: 07/08/2021
367050-01 Instructor Pay 1-1 to 7-1-2021
367051-01 Instructor Pay 1-1 to 8-13-2021
Check No: 20451 Check Date: 07/15/2021
acipl61 ACIP Crime- 7-1-21 to 7-1-2022
Check No: 20452 Check Date: 07/15/2021
W20848 Class was Cancelled- MIni Hawk Camp
Check No: 20453 Check Date: 07/15/2021
356574 Safety Glasses/Gloves/ Paint
027471 Shovel/ Impact Kit/Battery Pack
Check Total:
Vendor: WHI13 Liebert Cassidy Whitmore
04/30/2021
04/30/2021
Check Total:
Vendor: WICKWIRIEharles V. Wickwire
07/01/2021
07/01/2021
Check Total:
Vendor: ALL26 Alliant Insurance Services, In
05/27/2021
Check Total:
Vendor: BALAAMO1Heather Balaam
07/06/2021
Check Total:
Vendor: bay08 Bay Hardware
07/06/2021
07/06/2021
Printed: 07/16/2021 11:11
Detail
Check Amount
149.84
219.33
219.33
353.94
392.00
353.94
1,099.88
135.00
135.00
678.67
182.41
182.40
87.25
219.13
1,349.86
2,287.10
2,287.10
378.29
378.29
5,940.00
5,940.00
1,241.00
384.50
1,625.50
2,464.00
4,477.20
6,941.20
3,016.00
3,016.00
Page 17
310.00
310.00
117.50
518.05
City of Seal Beach
Accounts Payable
Printed: 07/16/2021 11:11
User:vrodriguez
Checks by Date - Detail by Check Number
Detail
Invoice No Description
Reference Invoice Date
Check Amount
Check Total:
635.55
Check No: 20454 Check Date:
07/15/2021
Vendor: BENZ 1 TASC - Client Invoice
IN2056621 Services July 2021
07/01/2021
276.08
Check Total:
276.08
Check No: 20455 Check Date:
07/15/2021
Vendor: BNY01 The Bank of New York Mellon
252-2396531 2002-01 Heron Point 7-1-21to 6-30-22
07/01/2021
2,000.00
Check Total:
2,000.00
Check No: 20456 Check Date:
07/15/2021
Vendor: CAL127 Calibre Press
W20683 Training -How to Predict
Violence/Cor
07/01/2021
259.00
Check Total:
259.00
Check No: 20457 Check Date:
07/15/2021
Vendor: CAMARENXlizabeth Camarena
W21036 Wellness Program
07/08/2021
40.00
W21036 Wellness Program
07/08/2021
60.00
W21036 Wellness Program
07/08/2021
160.00
W21036 Wellness Program
07/08/2021
40.00
W21036 Wellness Program
07/08/2021
40.00
W21036 Wellness Program
07/08/2021
20.00
W21036 Wellness Program
07/08/2021
40.00
Check Total:
400.00
Check No: 20458 Check Date:
07/15/2021
Vendor: CIT04 City Of Long Beach
110567 Services July 2021
07/01/2021
321.60
Check Total:
321.60
Check No: 20459 Check Date:
07/15/2021
Vendor: CIT51 City of Santa Ana
W20684 Training Fee -Red Dot Sight Pistol
07/12/2021
990.00
Check Total:
990.00
Check No: 20460 Check Date:
07/15/2021
Vendor: CIT63 City of Seal Beach Petty Cash
W21328 Front Counter Float
07/01/2021
150.00
Check Total:
150.00
Check No: 20461 Check Date:
07/15/2021
Vendor: COu32 County of Orange
GA21220029 FY 21-22 LAFCO Costs
07/01/2021
5,013.25
Check Total:
5,013.25
Check No: 20462 Check Date:
07/15/2021
Vendor: DEL03 Delta Dental of California
BE004492023 Services July 2021
07/01/2021
149.33
BE004492023 Services July 2021
07/01/2021
196.56
BE004492023 Services July 2021
07/01/2021
80.86
BE004492023 Services July 2021
07/01/2021
35.96
BE004492023 Services July 2021
07/01/2021
3,718.82
BE004492023 Services July 2021
07/01/2021
142.96
BE004492023 Services July 2021
07/01/2021
2,857.76
BE004492023 Services July 2021
07/01/2021
393.29
BE004492023 Services July 2021
07/01/2021
-20.67
BE004492023 Services July 2021
07/01/2021
-139.81
BE004492023 Services July 2021
07/01/2021
207.29
BE004492023 Services July 2021
07/01/2021
181.37
BE004492023 Services July 2021
07/01/2021
47.13
BE004492023 Services July 2021
07/01/2021
150.85
BE004492023 Services July 2021
07/01/2021
270.63
BE004492023 Services July 2021
07/01/2021
54.28
BE004492023 Services July 2021
07/01/2021
149.00
BE004492023 Services July 2021
07/01/2021
91.84
Page 18
City of Seal Beach Accounts Payable Printed: 07/16/2021 11:11
User:vrodriguez Checks by Date - Detail by Check Number Detail
Invoice No
Descrimion Reference
Invoice Date
Check Amount
BE004492023
Services July 2021
07/01/2021
100.85
BE004492023
Services July 2021
07/01/2021
78.10
BE004492023
Services July 2021
07/01/2021
722.02
BE004492023
Services July 2021
07/01/2021
448.07
BE004492023
Services July 2021
07/01/2021
179.05
BE004492023
Services July 2021
07/01/2021
470.81
BE004492023
Services July 2021
07/01/2021
36.30
BE004492023
Services July 2021
07/01/2021
36.30
Check Total:
10,638.95
Check No: 20463 Check Date: 07/15/2021 Vendor: DEL04
BE004489039 Services July 2021
BE004489039 Services July 2021
BE004489039 Services July 2021
BE004489039 Services July 2021
BE004489039 Services July 2021
BE004489039 Services July 2021
BE004489039 Services July 2021
BE004489039 Services July 2021
BE004489039 Services July 2021
BE004489039 Services July 2021
BE004489039 Services July 2021
BE004489039 Services July 2021
BE004489039 Services July 2021
Delta Dental Insurance Company
07/01/2021
07/01/2021
07/01/2021
07/01/2021
07/01/2021
07/01/2021
07/01/2021
07/01/2021
07/01/2021
07/01/2021
07/01/2021
07/01/2021
07/01/2021
Check Total:
Check No: 20464 Check Date: 07/15/2021 Vendor: DEL12 De Lage Landen Public Finance
73006170 Services 7-13 to 8-12-2021 06/29/2021
73006170 Services 7-13 to 8-12-2021 06/29/2021
73006170 Services 7-13 to 8-12-2021 06/29/2021
Check Total:
Check No: 20465 Check Date: 07/15/2021 Vendor: DIR09 DIRECTV
57524152X2107CRervices 7-1 to 7-31-2021 07/02/2021
Check Total:
Check No: 20466 Check Date: 07/15/2021 Vendor: FAR8
67 -12501 -CU Base Rent - July 2021
Check No: 20467 Check Date: 07/15/2021 Vendor: FOR09
W21326 TV Origination Services Payment # 1
Check No: 20468 Check Date: 07/15/2021 Vendor: FRO02
21303 34822/8-2 1 Services 7-4 to 8-3-2021
7148911483/8-21Services 7-7 to 8-6-2021
5625988560/7-2 1 Services 6-28 to 7-27-2021
Check No: 20469 Check Date: 07/15/2021
INV5162213 Services July 2021
Check No: 20470 Check Date: 07/15/2021
INV 1028080 Services August 2021
Vendor: GTT
Farmers & Merchants Bank
07/01/2021
Check Total:
Robin Forte-Lincke
07/01/2021
Check Total:
Frontier Communications
07/04/2021
07/07/2021
06/28/2021
Check Total:
GTT Communications, Inc.
07/01/2021
Check Total:
Vendor: HOLMA Holman Family Counseling Inc.
08/01/2021
Check Total:
34.35
244.96
217.20
59.80
2.94
4.40
19.92
1.64
1.64
2.94
70.54
3.10
13.13
676.56
2,391.94
2,006.54
213.25
4,611.73
186.98
186.98
951.93
951.93
1,453.50
1,453.50
Page 19
447.69
54.33
57.82
559.84
684.93
684.93
109.89
109.89
City of Seal Beach
User:vrodriguez Che
Invoice No Description
Check No: 20471 Check Date: 07/15/2021
SB-FY22 Fixed Route Svc Public Transit -FY 22
Check No: 20472 Check Date: 07/15/2021
75173 Polo Shirts
Check No: 20473 Check Date: 07/15/2021
7N484178 Services July 2021
Check No: 20474 Check Date: 07/15/2021
01005182812260 Services 7-8 to 8-7-2021
01005182812260 Services 7-8 to 8-7-2021
01005182812260 Services 7-8 to 8-7-2021
01005182812260 Services 7-8 to 8-7-2021
Check No: 20475 Check Date: 07/15/2021
6.17.2021 Membership Renewal- P Gallegos
Check No: 20476 Check Date: 07/15/2021
16799 FY 21-22 Annual Retail Service Conn.
Check No: 20477 Check Date: 07/15/2021
W20849 Wellness Reimbursement
W20849 Wellness Reimbursement
Check No: 20478 Check Date: 07/15/2021
21-22 Membership FY 21-22/J Ingram
Check No: 20479 Check Date: 07/15/2021
I-01889890 Water/ Tissue
I-01888398 Stickers
Check No: 20480 Check Date: 07/15/2021
INV00004509 Services 6-5-21 to 6-4-2022
Check No: 20481 Check Date: 07/15/2021
2021-180 Annual OCCOG Dues FY 21-22
Check No: 20482 Check Date: 07/15/2021
1018477125 Postage Supplies
Accounts Payable
cks by bate - Detail by Check Number
Reference
Invoice Date
Vendor: LON28
Long Beach Transit
07/01/2021
Check Total:
Vendor: LYT02
Lytle Screen Printing Inc.
07/06/2021
Check Total:
Vendor: MCI01
MCI Comm Services
06/19/2021
Check Total:
Vendor: MET13
Metropolitan Telecom mnications
07/08/2021
07/08/2021
07/08/2021
07/08/2021
Check Total:
Vendor: MMASC
MMASC
06/17/2021
Check Total:
Vendor: MUN02
Municipal Water District of Or
07/01/2021
Check Total:
Vendor: NETT
David Nett
Check No: 20483 Check Date: 07/15/2021
W21327 Replenish Postage Meter-# 49256134 C
W21327 Replenish Postage Meter-# 49256134 C
07/08/2021
07/08/2021
Check Total:
Printed: 07/16/2021 11:11
Detail
Check Amount
Vendor: OCCMAI OCCMA
07/01/2021
Check Total:
Vendor: OFFI1 Office Solutions Business Prod
07/07/2021
07/01/2021
Check Total:
Vendor: OPE02 Opengov, Inc.
06/08/2021
Check Total:
Vendor: ORA74 Orange County Council of Governments
07/03/2021
Check Total:
Vendor: PIT03 Pitney Bowes Inc.
07/01/2021
Check Total:
Vendor: PIT04 Pitney Bowes/Reserve Account
07/01/2021
07/01/2021
Check Total:
10,000.00
10,000.00
249.05
249.05
40.78
40.78
452.95
781.60
226.82
199.59
1,660.96
90.00
90.00
70,707.00
70,707.00
60.00
340.00
400.00
396.00
396.00
29.07
2.51
31.58
11,850.00
11,850.00
4,904.68
4,904.68
122.91
122.91
1,900.00
3,100.00
5,000.00
Page 20
City of Seal Beach
Accounts Payable
Vendor: CIT48
Userwrodriguez Checks
by Date - Detail by Check Number
Invoice No
Description Reference
Invoice Date
07/14/2021
Check No:
20484 Check Date: 07/15/2021
Vendor: REEDER
Tracy Reeder
W20846
Refund- Injury Junior LG Session 1
Check No:
07/06/2021
Vendor: OCE01
O.C.E.A.
Check Total:
Check No:
20485 Check Date: 07/15/2021
Vendor: RNH
RNH LLP
W20898
Overpayment of Business License
07/12/2021
W20898
Overpayment of Business License
20494 Check Date: 07/16/2021
07/12/2021
Seal Beach Police Management Association
Check Total:
Check No:
20486 Check Date: 07/15/2021
Vendor: SCE01
Southern Calif. Edison
7701092452
Operating Rent 7-1-21 to 6-30-2022
Check Total:
07/01/2021
Check No:
20495 Check Date: 07/16/2021
Vendor: POA01
Check Total:
Check No:
20487 Check Date: 07/15/2021
Vendor: TIM04
Time Warner Cable LLC
0021804070121
Services 7-1 to 7-31-2021
07/01/2021
0245858070521
Services 7-5 to 8-4-2021
1,400.00
07/05/2021
0010765070421 Services 7-4 to 8-3-2021
Vendor: SBMSMA
07/04/2021
PR Batch 14 7 2021 SBMSMA Dues
Check Total:
Check No:
20488 Check Date: 07/15/2021
Vendor: VER13
Vermont Systems Inc.
69930
Services 7-1-21 to 6-30-2022
34.62
06/01/2021
Check Total:
Check No:
20489 Check Date: 07/15/2021
Vendor: WEKERLY Cory Wekerle
W20850
Wellness Reimbursement
07/09/2021
W20850
Wellness Reimbursement
07/09/2021
W20850
Wellness Reimbursement
07/09/2021
W20850
Wellness Reimbursement
07/09/2021
Check Total:
Check No:
20490 Check Date: 07/16/2021
Vendor: CAL146
California State Disbursement
PR Batch 14 7 2021 Case No 200000002
07/14/2021
Check Total:
Check No:
20491 Check Date: 07/16/2021
Vendor: cea
City Employees Associates
PR Batch 14 7 2021 SBMMA Dues - CEA
07/14/2021
Check Total:
Printed: 07/16/2021 11:11
Detail
Check AmoEmt
312.50
312.50
25.00
112.00
137.00
637.60
637.60
218.23
1,324.13
243.58
1,785.94
4,902.00
4,902.00
40.00
80.00
80.00
200.00
400.00
372.46
372.46
73.84
73.84
Check No:
20492 Check Date: 07/16/2021
Vendor: CIT48
SBSPA
PR Batch 14 7 2021 SBSPA Dues (CEA)
07/14/2021
219.26
Check Total:
219.26
Check No:
20493 Check Date: 07/16/2021
Vendor: OCE01
O.C.E.A.
PR Batch 14 7 2021 OCEA Dues
07/14/2021
225.86
Check Total:
225.86
Check No:
20494 Check Date: 07/16/2021
Vendor: PMA
Seal Beach Police Management Association
PR Batch 14 7 2021 PMA Dues
07/14/2021
400.00
Check Total:
400.00
Check No:
20495 Check Date: 07/16/2021
Vendor: POA01
Seal Beach Police Officers Assoc
PR Batch 14 7 2021 POA Dues
07/14/2021
1,400.00
Check Total:
1,400.00
Check No:
20496 Check Date: 07/16/2021
Vendor: SBMSMA
SBMSMA
PR Batch 14 7 2021 SBMSMA Dues
07/14/2021
34,62
Check Total:
34.62
Page 21
City of Sea] Beach Accounts Payable
User:vrodriguez Checks by Date - Detail by Check Number
Invoice No Description lieference Invoice Date
Check No: 20497 Check Date: 07/16/2021 Vendor: USB US Bank Pars 6746022400
PR Batch 14 7 2021 PARS Employer Por 07/14/2021
PR Batch 14 7 2021 PARS Employee Por 07/14/2021
Check Total:
Report Total:
Printed: 07/16/2021 11:11
Detail
Check Amount
1,130.86
5,456.08
6,586.94
795,321.45
Page 22
CITY OF SEAL BEACH
Preliminary Investment Report
6/30/2021
Investments:
LAIF City
LAIF Successor Agency
Securities
Total Investments:
Cash, Deposits. & Accrued Interest:
Bank of the West General Account
Bank of the West Successor Agency
Less outstanding checks/ACH
Farmers & Merchants Bank (Parking)
Cash with Bank of New York
Total Cash & Deposits:
Total Investments, Cash, and Deposits:
In compliance with the California Government Code Section 53646 and Resolution Number 6038; the City
Treasurer of Seal Beach hereby certifies that sufficient investment liquidity and anticipated revenue are
available to meet the City's budgeted expenditure requirements for the next six months.
Investments in this report meet the requirements of the City of Seal Beach's adopted investment policy.
Respectfully submitted,
4uoaj
Kelly Telford
Director of F n nce/City Treasurer
Book Value Market Value
20.641,806.42 20,641,806.42
390.64 390.64
28,587,312.72 29,135,468.14
49,229,509.78 49,777,665.20
1,935,280.29
23,452.64
(540,312.92)
2,499.47
6568_77
1,489,488.25
50,718,998.03
NOTED AND APPROVED:
Jil . ngram
City Manager
CITY OF SEAL BEACH
Preliminary Investments Detail Report
6/30/2021
Years to
Source of Market
Issuer
Settlement Date
Maturity Date
Interest Rate
Book Value
Market Value
Maturity
Valuation
LAIF CITY:
N/A
N/A
0.262%
20,641,806.42
20,641,806.42
NIA
LAIF Statement
LAIF RDA:
NIA
NIA
0.262%
390.64
390.64
N/A
LA1F Statement
Total LAIF,
20,642,197.06
20,642,197,06
US Treasury Notes
08/03/18
03/31/22
1.875%
178,929.69
187,485.94
0.75
Bank of New York
US Treasury Notes
09/06/18
03/31/22
1.875%
718,175.78
749,943.75
0.75
Bank of New York
US Treasury Notes
08/31/17
07/31/22
2.000%
556,810.55
561,257.84
1.08
Bank of New York
US Treasury Notes
10/06/17
09/30/22
1.750%
406,508.59
418,264.04
1.25
Bank of New York
US Treasury Notes
06/06/18
09/30/22
1.750%
623,466.80
563,101.53
1.25
Bank of New York
US Treasury NIB Notes
05/04/18
10/31/22
2.000%
64,764.92
68,654.06
1.34
Bank of New York
US Treasury Notes
07/05/18
02/28/23
1.500%
118,261.72
127,695.31
1.67
Bank of New York
US Treasury Notes
02/12/19
03/31/23
1.500%
197,448.63
209,612.50
1.75
Bank of New York
US Treasury Notes
03/15119
06/30/23
1.375%
316,258.59
337,425.00
2.00
Bank of New York
US Treasury Notes
02/12/19
07/31/23
1.250%
199,491.80
214,298.45
2.08
Bank of New York
US Treasury Notes
03/08/19
11/15/23
2.750%
580,817.38
607,882.81
2.38
Bank of New York
US Treasury Notes
01/09/19
11/30/23
2.125%
712,029.30
756,265.63
2.42
Bank of New York
US Treasury NIB
01/31119
12131/23
2.625%
125,371.09
132,070.31
2.50
Bank of New York
US Treasury NIB
06/05/19
04/30/24
2.000%
964,350.00
1,002,600.00
2.84
Bank of New York
US Treasury NIB
07/03/19
06/30/24
2.000%
282,887.50
292,818.74
3.00
Bank of New York
US Treasury NIB
09/05/19
08131/24
1.875%
718,238.28
730,187.50
3.17
Bank of New York
LIS Treasury NIB
10/01/19
09/30/24
2.125%
226,264.84
231,412.50
3.25
Bank of New York
US Treasury NIB
10/03/19
09/30/24
2.125%
319,263.67
326,081.25
3.25
Bank of New York
US Treasury NIB
11/05/19
10/31/24
2250%
371,770.31
380,362.50
3.34
Bank of New York
US Treasury NIB
01/07/20
11/30/24
2.125%
306,949.22
315,984.36
3.42
Bank of New York
US Treasury NIB
12/04/19
11/30/24
2.125%
683,766.41
705,698.40
3.42
Bank of New York
US Treasury NIB
03/04/20
02/15/25
2.000%
158,314.45
157,453.13
3.63
Bank of New York
US Treasury NIB
01/12/21
12/31/25
0.375%
139,146.88
137,331.25
4.51
Bank of New York
US Treasury Notes
04/07/21
12/31/25
0.375%
322,175.39
323,709.38
4.51
Bank of New York
US Treasury Notes
05/07/21
12/31/25
0.375%
344,367.19
343,328.12
4.51
Bank of New York
US Treasury Notes
02/26/21
01131126
0.375%
146,894.53
147,000.00
4.59
Bank of New York
US Treasury Notes
02/05/21
01(31/26
2.625%
409,370.31
400,293.75
4.59
Bank of New York
US Treasury Notes
03/08/21
02/28/26
0.500%
532,870.31
531,731.25
4.67
Bank of New York
US Treasury NIB Notes
06/04/21
05/31/26
0.750%
698,468.75
695,953.16
4.92
Bank of New York
Intl Bk Recon & Develop Corp
11/24/20
11/24/23
0.250%
214,537.75
214,382.52
2.40
Bank of New York
CA ST TXBL Go Bonds
10/24/19
10/01/23
2.400%
275,402.70
283,167.90
2.25
Bank of New York
MS ST TXBL Go Bonds
08106/20
11/01/24
0.565%
250,000.00
248,645.00
3.34
Bank of New York
OR ST Dept Trans TXBL Rev Bonds
09/17/20
11/15/24
0.566%
195,000.00
194,506.65
3.38
Bank of New York
UNIV OF CAL TXBL REV Bonds
07/16/20
05/15/25
0.883%
100,362.00
100,305.00
3.88
Bank of New York
FL ST Board of Admin TXBL Rev Bonc
09/16/20
07/01/25
1.258%
60,424.20
60,598.20
4.01
Bank of New York
FL ST Board of Admin TXBL Rev Bonc
09/16/20
07/01/25
1.258%
155,000.00
156,545.35
4.01
Bank of New York
Los Angeles CCD, CA TABL Go Bond:
11/10/20
08/01/25
0.773%
110,000.00
110,030.80
4.09
Bank of New York
NJ TPK Auth -B-TXBL Municipal Bond!
02/04/21
01/01/26
1.047%
60,000.00
59,800.80
4.51
Bank of New York
FH MS K043 A2
03/25/20
12/01/24
3.062%
162,677.34
166,552.64
3.42
Bank of New York
Fannie Mae Notes
06/29/17
04/05/22
1.875%
489,926.50
496,629.21
0.76
Bank of New York
Freddie Mac Notes (CALLABLE)
08/06/20
02/06/23
0.300%
685,000.00
685,148.65
1.61
Bank of New York
Federal Home Loan Banks Notes
02/21/20
02/17/23
1.375%
374,310.00
382,153.50
1.64
Bank of New York
Fannie Mae Notes
05/22/20
05122/23
0.250%
433,690.65
435,159.65
1.89
Bank of New York
Freddie Mac Notes
01/09/19
06/19/23
2.750%
755,265.00
786,904.50
1.97
Bank of New York
Freddie Mac Notes
06/26/20
06/26/23
0.250%
244,284.60
245,045.82
1.99
Bank of New York
Fannie Mae Notes
07/10/20
07/10/23
0.250%
553,806.75
554,912.87
2.03
Bank of New York
CITY OF SEAL BEACH
Preliminary Investments Detail Report
613012021
Total Investments: 49,229,509.78 49,777,665.20
Years to
Source of Market
Issuer
Settlement Date
Maturity Date
Interest Rate
Book Value
Market Value
Maturity
Valuation
Freddie Mac Notes
08/21/20
08/24/23
0.250%
259,734.80
259,901.20
2.15
Bank of New York
Fannie Mae Notes
12/06/18
09/12/23
2.875%
688,606.20
729,227.88
2.20
Bank of New York
Federal Farm Credit Bank (Callable)
10/09/20
09/21/23
0.250%
259,558.00
259,532.26
2.23
Bank of New York
Freddie Mac Notes
12/04/20
12/04/23
0.250%
234,767.35
234,558.91
2.43
Bank of New York
Federal Home Loan Banks Notes
01/31/19
12/08/23
3.375%
360,315.86
375,856.95
2.44
Bank of New York
Fannie Mae Notes
02/08/19
02/05/24
2.500%
273,977,00
290,126.38
2.60
Bank of New York
Federal Home Loan Bank Notes
04/16/20
04/14/25
0.500%
278,611.20
278,350.52
3.79
Bank of New York
Fannie Mae Notes
06/05/20
04/22/25
0.625%
366,868.80
364,550.69
3.81
Bank of New York
Fannie Mae Notes
04/24/20
04/22/25
0.625%
379,217.20
379,532.22
3.81
Bank of New York
Fannie Mae Notes
10/05/20
06/17/25
0.500%
301,407.00
297,686.10
3.97
Bank of New York
Fannie Mae Notes
06/19/20
06/17/25
0.500%
434,099.55
431,644.85
3.97
Bank of New York
Freddie Mac Notes
07/23/20
07/21/25
0.375%
263,680.30
261,513.66
4.06
Bank of New York
Fannie Mae Notes
08/27/20
08/25/25
0.375%
278,689.60
276,118.36
4.16
Bank of New York
Fannie Mae Notes
10/22/20
08/25/25
0.375%
601,726.95
596,612.89
4.16
Bank of New York
Freddie Mac Notes
09/25/20
09123!25
0.375%
403,780-95
399,114.54
4.24
Bank of New York
Freddie Mac Notes
11/12/20
11107/25
0.500%
259,069.20
257,171.98
4.36
Bank of New York
Freddie Mac Notes
11/24/20
11/07/25
0.500%
319,878.40
316,519.36
4.36
Bank of New York
Citigroup Inc Corp
11/22/17
12/08/21
2.900%
115,785.45
116,045.70
0.44
Bank of New York
American Express Credit Corp
04/05/18
03/03/22
2.700%
195,958.00
202,849.00
0.67
Bank of New York
BB&T CORP
04/05/18
04/01/22
2.750%
132,493.05
137,360.07
0.75
Bank of New York
National Rural Util Coop Corp
04/05/18
04/25/22
2.4000/c
243,162.50
253,979.50
0.82
Bank of New York
JPMorgan Chase&Co Corp Notes
04/05/18
09/23/22
3.250%
264,189.10
274,594.06
1.23
Bank of New York
Adobe Inc Corp Note
02/03/20
02/01/23
1.700%
99,863.00
102,177.80
1.59
Bank of New York
Caterpillar Fin Services Corp
04/05/18
03/01/23
2.625%
243,572.50
259,380.75
1.67
Bank of New York
Home Depot Inc Corp
04/05/18
04/01/23
2.700%
245,250.00
258,887.00
1.75
Bank of New York
American honda Finance
01/10/20
05/10/23
1.950%
199,926.00
205,762.20
1.86
Bank of New York
Apple Inc Corporate Notes
05/11/20
05/11/23
0.750%
164,551.20
166,382.37
1.86
Bank of New York
Toyota Motor Credit Corp
01/31/19
01/08/24
3.350%
166,277.10
176,521.79
2.53
Bank of New York
PFIZER Inc
04/04/19
03/15/24
2.950%
202,420.00
212,724.60
2.71
Bank of New York
Morgan Stanley Corp Notes
04/22/21
04/05124
0.731%
35,000.00
35,041.90
2.77
Bank of New York
Morgan Stanley Corp Notes
04/22/21
04/05/24
0.731%
110,138.60
110,131.67
2.77
Bank of New York
Amazon.com Inc
05/12/21
05/12124
0.450%
164,759.10
164,640.80
2.87
Bank of New York
Bank of America Corp
10/21/20
10/24/24
0.810%
215,000.00
215,648.01
3.32
Bank of New York
Novartis Capital Corp
05111/20
02/14/25
1.750%
280,381.50
278,586.00
3.63
Bank of New York
Mastercard Inc Corporate Notes
05/06/20
03/03/25
2.000%
219,095.10
219,722.79
3.68
Bank of New York
Bank of NY Mellon Corp
03/08/21
04/24/25
1.600%
364,677.30
364,007.06
3.82
Bank of New York
PepsiCo Incmcorp Notes
03/08/21
04/30/25
2.750%
219,661.60
218,993.92
3.84
Bank of New York
Citigroup Inc Corp
05/04/21
05/01/25
0.981%
70,000.00
69,904.94
3.84
Bank of New York
Citigroup Inc Corp
05/04/21
05/01/25
0.981%
75,198.75
74,898.15
3.84
Bank of New York
Goldman Sachs Group Carp
02/17121
05/22/25
3.750%
217,850.10
212,730.96
3.90
Bank of New York
Bristol-Myers Squibb Co Corp
09/30120
08/15/25
3.875%
99,994.04
100,218.87
4.13
Bank of New York
Societe Generale NYCert Dep
02/19/20
02114/22
1.800%
275,000.00
277,480.50
0.63
Bank of New York
Sumitomo Mitsui Bank NY
07/14120
07/08/22
0.700%
220,000.00
221,033.56
1.02
Bank of New York
Nordea Bank ABP New York Cert Dep
08/29/19
08126/22
1.850%
395,000.00
402,562.67
1.16
Bank of New York
Skandinaviska Enskilda Banken
09/03/19
08126/22
1.860%
420,000.00
428,089.62
1.16
Bank of New York
DNB Bank ASAINY LTT CD
12/06/19
12102/22
2.040%
205,000.00
210,350.71
1.42
Bank of New York
Credit Suisse New York Cert Depos
03/23/21
03117/23
0.590%
220,000.00
220,350.90
1.71
Bank of New York
Total Securities
28,587,312.72
29,135,468.14
Total Investments: 49,229,509.78 49,777,665.20
i�0� SEA('ec�9ti
f�
G� nyy
AGENDA STAFF REPORT
�1'',,C'QCIFORN�P'r
DATE: July 26, 2021
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Second Reading and Adoption of Ordinance 1689
SUMMARY OF REQUEST:
That the City Council adopt Ordinance 1689 titled "An Ordinance of the City of
Seal Beach Amending Title 11 of the Seal Beach Municipal Code Regarding
Regulations for the Placement of Flags and Flagpoles on Residential Properties
and Finding the Ordinance to be Exempt from the California Environmental
Quality Act."
BACKGROUND AND ANALYSIS:
At its meeting on June 28, 2021, the City Council approved as amended the
introduction of Ordinance 1689 of the City of Seal Beach to amend Title 11 of the
Seal Beach Municipal Code regarding Regulations for the Placement of Flags
and Flagpoles on Residential Properties and Finding the Ordinance to be Exempt
from the California Environmental Quality Act. This item is to approve the second
reading of and adopt Ordinance 1689 in compliance with State law requiring that
ordinances be adopted at least five (5) days after introduction at a regular or
adjourned regular meeting. Upon adoption and pursuant to City Charter Section
414, the Ordinance will be published within fifteen (15) days after adoption.
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.
Agenda Item D
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 Ordinance 1689 titled "An Ordinance of the City of
Seal Beach Amending Title 11 of the Seal Beach Municipal Code Regarding
Regulations for the Placement of Flags and Flagpoles on Residential Properties
and Finding the Ordinance to be Exempt from the California Environmental
Quality Act."
SUBMITTED BY:
Gloria D. Harper
Gloria D. Harper, City Clerk
NOTED AND APPROVED:
Prepared by: Dana Engstrom, Deputy City Clerk
ATTACHMENTS:
A. Ordinance 1689
Page 2
Jill R. Ingram
Jill R. Ingram, City Manager
ORDINANCE 1689
AN ORDINANCE OF THE CITY OF SEAL BEACH
AMENDING TITLE 11 OF THE SEAL BEACH MUNICIPAL
CODE REGARDING REGULATIONS FOR THE
PLACEMENT OF FLAGS AND FLAGPOLES ON
RESIDENTIAL PROPERTIES AND FINDING THE
ORDINANCE TO BE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS
FOLLOWS:
Section 1. Seal Beach Municipal Code Section 11.4.25.030(A)(2) (Signs —
Residential Districts) sets forth standards for the placement of flags on residential
properties and limits flags to one per frontage. Based on community concerns, staff has
identified the need to amend Seal Beach Municipal Code Section 11.4.25.030(A)(2) and
to add a definition of flagpole to Section 11.6.05.010 (Definitions of Specialized Terms
and Phrases).
Section 2. Procedural Findings. The City Council of the City of Seal Beach
does hereby find, determine, and declare that:
A. On June 7, 2021, the Planning Commission considered this
Ordinance at a duly noticed public hearing, as prescribed by law, at which time City staff
and interested persons had an opportunity to and did testify either in support of or
against this matter.
B. At the conclusion of the Planning Commission hearing and after
due consideration of the testimony, the Planning Commission adopted Resolution No.
21-09, recommending approval of the Ordinance by the City Council.
C. The City Council, at a regular meeting, considered the Ordinance
on June 28, 2021, at a duly noticed public hearing, as prescribed by law, at which time
City staff and interested persons had an opportunity to and did testify either in support
of or against this matter.
D. Following the public hearing, the City Council considered the entire
record of information received at the public hearings before the Planning Commission
and City Council.
Section 3. Findings. In approving the proposed Zoning Code amendment, the
City Council hereby makes the following findings that the Ordinance is consistent with
the General Plan as follows:
A. The proposed Code Amendment is consistent with the following
General Plan Land Use Element Goal and Policy:
1. Features of the Community: A goal of the City is to maintain
and promote those social and physical qualities that enhance the character of the
community and the environment in which we live.
B. The proposed amendments are also consistent with Chapter 3 of
the Coastal Act, will not have an impact either individually or cumulatively on coastal
resources, and do not involve any change in existing or proposed use of land or water.
Section 4. Chapter 11.4.25.030 (Signs — Residential Districts) of Title 11 of the
Seal Beach Municipal Code is hereby amended to read as follows:
"Sec. 11.4.25.030. — Signs -Residential Districts.
The regulations of this section shall apply to all residential districts, as well as residential
uses located in nonresidential zones.
A. Permitted Signs. In addition to the exempt signs listed in Section
11.4.25.010: Exempt Signs, the following signs are permitted in residential zones:
1. Subdivision Identification Signs. A subdivision in a residential district shall
be permitted to display a subdivision identification sign or signs not exceeding
25 square feet in aggregate area. Such sign(s) must be attached to a wall,
fence, or gateway structure, and integrated with the design of the structure.
Larger signs may be approved by minor use permit pursuant to Chapter
11.5.20: Development Permits.
2. Flags/Flagpoles. Each site may contain no more than two flagpoles not to
exceed 25 feet in height above grade. Flags may only be displayed on a
flagpole. The cumulative area of all flags on a property shall not exceed 40
square feet or contain commercial copy. Flags on temporary flagpoles shall be
included in a site's overall flag area calculation.
3. Commercial Signs. One sign indicating the presence on the property of an
approved use subject to Chapter 11.5.20: Development Permits. Such sign
shall not exceed 12 square feet in area, unless a greater area is specifically
approved by the decision-making authority as part of the use permit approval.
B. Illumination. No sign governed by this section shall be internally illuminated.
(Ord. 1598)
Section 5. Chapter 11.6.05.010 (Definitions of Specialized Terms and
Phrases) of Title 11 of the Seal Beach Municipal Code is hereby amended to add a
definition for a flagpole to read as follows, with all other portions of Table 11.6.05.010
remaining the same:
Flagpole: a staff or pole, either mounted in/to the ground or affixed to a structure, on
which one or more flags are or can be displayed.
Section 6. California Environmental Quality Act Exemption. The City Council
determines that this ordinance is exempt from environmental review under the California
4
Environmental Quality Act, (California Public Resources Code §§ 21000, et seq.,
("CEQA") and the CEQA Guidelines (14 California Code of Regulations §§ 15000, et
seq.) because the amendment modifies and establishes rules and procedures for the
placement of flags and flagpoles on residentially -zoned properties and consists only of
minor revisions and clarifications to existing regulations and specification of procedures
related thereto for the new construction of small accessory structures. The amendment
therefore, does not have the potential to cause significant effects on the environment.
Consequently, it is categorically exempt from further CEQA review under 14 Cal. Code
Regs. §15303(e), actions in compliance with the requirements of CEQA.
Section 7. Certification. The City Clerk shall certify to the passage and
adoption of this Ordinance and shall cause the same to be published or posted in the
manner required by law.
Section 8. Effective Date. This Ordinance shall take effect thirty (30) days
after passage.
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members
ATTEST:
Gloria D. Harper, City Clerk
Joe Kalmick, Mayor
3
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 ordinance was introduced for first reading at a regular meeting held on June
28, 2021 and was passed, approved, and adopted by the City Council at a regular
meeting held on the 26th day of July, 2021 and do hereby further certify that Ordinance
1689 has been published pursuant to the Seal Beach Charter and Resolution Number
2836.
Gloria D. Harper, City Clerk
M
>yDE GEQ�,eF9ti
t� `yea
AGENDA STAFF REPORT
o,
�c4OFORN�P'�
DATE: July 26, 2021
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Barry Curtis, Interim 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 7172 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, Inc. (Transtech) 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, the City Council approved the use of Transtech for
Building Division services for a period of one year. The City Council approved an
additional one-year contract with Transtech in August 2019 for the same
services.
In 2020, Transtech increased the number of services provided to include
additional Building Inspector coverage due to the vacancy of the Building
Inspector position. An additional one-year contract was approved by the City
Council in August 2020. Staff is requesting approval to continue to utilize the
services provided by 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 the vacant Senior Inspector/Plan Checker position is filled, which is
not anticipated to occur within the next six months. The budget savings from the
vacancy of the Senior Inspector/Plan Checker position in addition to the standard
budget line item for contract services will sufficiently cover the Building Division
personnel services expense.
Agenda Item E
Transtech has offered engineering, public works and building services to
municipalities since 1989. Because the current professional services agreement
will expire on August 30, 2021, staff is requesting that we continue with
Transtech's services for the following reasons: They have consistently provided
quality and professional services; and, they have become familiar with the unique
needs of the local 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 reviewed 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, 2022 in the amount not to exceed $175,000
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 percent 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 7172 approving and authorizing the City
Manager to execute a Professional Services Agreement with Transtech
Engineers, Inc., for Building Division services.
Page 2
SUBMITTED BY:
Barry Curtis
Barry Curtis, Interim Community
Development Director
ATTACHMENTS:
NOTED AND APPROVED:
Jill R. Ingram
Jill R. Ingram, City Manager
A. Resolution 7172
B. Professional Services Agreement Transtech Engineers, Inc.
Page 3
RESOLUTION 7172
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AND 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, 2021
between the City of Seal Beach and Transtech Engineers, Inc., in an amount not
to exceed $175,000 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 261h day of July 2021 by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
Joe Kalmick, 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 7172 on file in the office of
the City Clerk, passed, approved, and adopted by the City Council at a regular
meeting held on the 26t" day of July, 2021.
Gloria D. Harper, City Clerk
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 31, 2021, (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").
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 conditions 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.
Page 2 of 24
23050803
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 31, 2021
and shall remain in full force and effect until midnight on August 30, 2022 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 Inspector, the City
shall not pay more than a total sum of $175,000 (one hundred seventy five
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 pursuant 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, timecards, cost control sheets and other
Page 3 of 24
23050803
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.
Page 4 of 24
23050803
8.0 Permits and Licenses
Consultant and all of Consultant's employees and other personnel shall obtain
and maintain during the Agreement term all necessary licenses, permits and
certificates required by law for the provision of the Services under this
Agreement, including a business license as required by the Seal Beach
Municipal Code.
9.0 Independent Contractor
9.1. 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. 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.
9.2. 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 (1) as otherwise required for the performance of Services on City real
property, vehicles or equipment; (2) 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 (3) 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 Consultant's personnel to obtain information about or to check on the
status of projects pertaining to the Services under this Agreement.
Page 5 of 24
23050803
9.3. 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
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 contributions or
employee contributions for PERS benefits.
9.4. 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 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 personnel practices. or to the
extent arising from, caused by or relating to the violation of any of the provisions
of this Section 9.0. 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
Consultant'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. Consultant's indemnifications
and obligations under this Section shall survive the expiration or termination of
this Agreement.
10.0 PERS Compliance and Indemnification
10.1. 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 behalf 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 ("PERE"), commencing at
Government Code § 20000, the Public Employees' Pension Reform Act of 2013
("PEPRA"), and the regulations of PERS, 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 retired annuitants
and in performing this Agreement shall not assign or utilize any of its personnel in
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a manner that will cause City to be in violation of the PERL, PEPRA or any other
applicable retirement laws and regulations.
10.2. 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 10.0. 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.
11.0 Confidentiality
11.1. Consultant covenants that all data, reports, documents, surveys,
studies, drawings, plans, maps, models, photographs, images, video files, media,
discussion, or other information (collectively "Data & Documents") 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. Consultant, its officers, employees, agents, or subcontractors shall
not without written authorization from the City Manager or unless requested in
writing by the City Attorney, voluntarily provide declarations, letters of support,
testimony at depositions, response to interrogatories or other information
concerning the Services performed under this Agreement or relating to any
project or property located within the City. Response to a subpoena or court order
shall not be considered "voluntary," provided Consultant gives City notice of such
court order or subpoena.
11.2. Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint,
subpoena, notice of deposition, request for documents, interrogatories, request
for admissions or other discovery request, court order or subpoena from any
party regarding this Agreement and the work performed thereunder or with
respect to any project or property located within the City. City may, but has no
obligation to, represent Consultant or be present at any deposition, hearing or
similar proceeding. Consultant agrees to cooperate fully with City and to provide
City with the opportunity to review any response to discovery requests provided
by Consultant. However, City's right to review any such response does not imply
or mean the right by City to control, direct or rewrite the response.
11.3. Consultant's covenants under this Section shall survive the
termination or expiration of this Agreement.
12.0 Ownership of Documents and Work Product
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12.1. All Data & Documents shall be and remain the property of City
without restriction or limitation upon its use, duplication or dissemination by City.
All Data & Documents shall be considered "works made for hire," and all Data &
Documents and any and all intellectual property rights arising from their creation,
including, but not limited to, all copyrights and other proprietary rights, shall be
and remain the property of City without restriction or limitation upon their use,
duplication or dissemination by City. Consultant shall not obtain or attempt to
obtain copyright protection as to any Data & Documents.
12.2. Consultant hereby assigns to City all ownership and any and all
intellectual property rights to the Data & Documents that are not otherwise vested
in City pursuant to the paragraph directly above this one.
12.3. Consultant warrants and represents that it has secured all
necessary licenses, consents or approvals to use any instrumentality, thing or
component as to which any intellectual property right exists, including computer
software, used in the rendering of the Services and the production of all Written
Products produced under this Agreement, and that City has full legal title to and
the right to reproduce the Data & Documents. Consultant shall defend, indemnify
and hold City, and its elected officials, officers, employees, servants, attorneys,
designated volunteers, and agents serving as independent contractors in the role
of City officials, harmless from any loss, claim or liability in any way related to a
claim that City's use of any of the Data & Documents is violating federal, state or
local laws, or any contractual provisions, or any laws relating to trade names,
licenses, franchises, copyrights, patents or other means of protecting intellectual
property rights and/or interests in products or inventions. Consultant shall bear all
costs arising from the use of patented, copyrighted, trade secret or trademarked
documents, materials, equipment, devices or processes in connection with its
provision of the Services and Data & Documents produced under this Agreement.
In the event the use of any of the Written Products or other deliverables
hereunder by City is held to constitute an infringement and the use of any of the
same is enjoined, Consultant, at its expense, shall: (1) secure for City the right to
continue using the Data & Documents and other deliverables by suspension of
any injunction, or by procuring a license or licenses for City; or (2) modify the
Data & Documents and other deliverables so that they become non -infringing
while remaining in compliance with the requirements of this Agreement. These
covenants shall survive the expiration and/or termination of this Agreement.
12.4. Upon expiration or termination of the Agreement, Consultant shall
deliver to City all Data & Documents and other deliverables related to any
Services performed pursuant to this Agreement without additional cost or
expense to City. If Consultant prepares a document on a computer, Consultant
shall provide City with said document both in a printed format and in an electronic
format that is acceptable to City.
13.0 Subcontractors
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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.
14.0 Prohibition Against Assignment or Delegation
Consultant shall not assign any of its rights or delegate any of its duties under
this Agreement, either in whole or in part, without City's prior written consent. Any
purported assignment or delegation in violation of this Section shall be void and
without effect, and shall entitle City to terminate this Agreement. As used in this
Section, "assignment" and "delegation" means any sale, gift, pledge,
hypothecation, encumbrance or other transfer of all or any portion of the rights,
obligations, or liabilities in or arising from this Agreement to any person or entity,
whether by operation of law or otherwise, and regardless of the legal form of the
transaction in which the attempted transfer occurs.
15.0 Inspection and Audit of Records
Consultant shall maintain complete and accurate records with respect to all
Services and other matters covered under this Agreement, including but
expressly not limited to, all Services performed, salaries, wages, invoices,
timecards, 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 performance 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 final payment under this
Agreement, whichever occurs later. City's rights under this Section 15.0 shall
survive for three (3) years after expiration, termination or final payment under this
Agreement, whichever occurs later.
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16.0 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 and any other applicable state and federal laws. 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.
17.0 Insurance
17.1. General Requirements. 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.
17.2. Minimum Scope and Limits of Insurance. Consultant shall, at its
sole cost and expense, procure, maintain and keep in full force and effect 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
performance of this Agreement, as follows:
17.2.1. Commercial General Liability Insurance: Consultant shall
maintain limits no less than $2,000,000 per occurrence for bodily injury, 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 shall be twice the required occurrence limit: Coverage shall be at least as
broad as the latest version of Insurance Services Office Commercial General
Liability coverage (occurrence form CG 0001). If Consultant is a limited liability
company, the commercial general liability coverage shall be amended so that
Consultant and its managers, affiliates, employees, agents and other persons
necessary or incidental to its operation are insureds;
17.2.2. Automobile Liability Insurance: Consultant shall maintain
limits no less than $1,000,000 per accident for bodily injury and property damage.
Coverage shall be at least as broad as Automobile Liability: Insurance Services
Office Business Auto Coverage form number CA 0001, code 1 (any auto)..
17.2.3. Workers' Compensation Insurance in the amount required
by law; and Employer's Liability: $1,000,000 per accident and in the aggregate for
bodily injury or disease;
17.2.4. Professional Liability (or Errors and Omissions) Liability. ,
within minimum limits of $1,000,000 per claim/aggregate. If a "claims made"
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policy is provided, then the policy shall be endorsed to provide an extended
reporting period of not less than three years.
17.3. Acceptability of Insurers. The Insurance policies required under this
Section shall 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.
17.4. Additional Insured.
17.4.1. For general liability insurance, City, its elected and
appointed officials, officers, employees, agents, designated volunteers and those
City agents acting as independent contractors in the role of City officials shall be
covered as additional insureds with respect to the services or operations
performed by or on behalf of the Consultant, including materials, parts or
equipment furnished in connection with such work.
17.4.2. For automobile liability, City, its elected and appointed
officials, officers, employees, agents, designated volunteers and those City
agents serving as independent contractors in the role of City officials, 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.
17.4.3. These additional insured provisions shall also apply to any
excess/umbrella liability policies.
17.5. Cancellations or Modifications to Coverage. The insurance policies
shall contain the following provisions, or Consultant shall provide endorsements
on forms supplied or approved by 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 City; (2) any
failure to comply with reporting or other provisions of the policies, including
breaches of warranties, shall not affect coverage provided to City, its elected
and appointed officials, officers, employees, agents, designated volunteers, and
those City agents serving as independent contractors in the role of City officials;
17.6. Primary and Non -Contributing. Coverage shall be primary
insurance as respects the City, its elected officials, officers, employees, agents,
designated volunteers designated volunteers and agents serving as
independent contractors in the role of City officials, 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
elected officials, officers, employees, agents. designated volunteers designated
volunteers and agents serving as independent contractors in the role of City
officials, shall be excess of the Consultant's insurance and shall not be called
upon to contribute with it;
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17.7. Separation of Insureds. 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 City, its elected and
appointed officials, officers, employees, agents, designated volunteers and those
City agents serving as independent contractors in the role of City officials.
17.8. Deductibles and Self -Insured Retentions. Any deductibles or self-
insured retentions shall be declared to and approved by City. Consultant
guarantees that, at the option of City, either: (1) the insurer shall reduce or
eliminate such deductibles or self-insured retentions as respects City, its elected
and appointed officials, officers, employees, agents, designated volunteers and
those City agents serving as independent contractors in the role of City officials;
or (2) Consultant shall procure a bond guaranteeing payment of losses and
related investigation costs, claims and administrative and defense expenses.
17.9. Waiver of Subrogation. Each insurance policy required by this
Agreement shall expressly waive the insurer's right of subrogation against City
and its elected and appointed officials, officers, employees, agents, designated
volunteers and those City agents serving as independent contractors in the role
of City officials. Consultant hereby waives all rights of subrogation against City.
17.10. City Remedy for Noncompliance. If Consultant does not maintain
the policies of insurance required under this Section in full force and effect during
the term of this Agreement, or in the event any of Consultant's policies do not
comply with the requirements under this Section, City may either immediately
terminate this Agreement or, if insurance is available at a reasonable cost, City
may, but has no duty to, take out the necessary insurance and pay, at
Consultant's expense, the premium thereon. Consultant shall promptly reimburse
City for any premium paid by City or City may withhold amounts sufficient to pay
the premiums from payments due to Consultant.
17.11. Evidence of Insurance. Prior to the performance of Services under
this Agreement, Consultant shall furnish City with original certificates of insurance
and all original endorsements evidencing and effecting the coverages required
under this Section on forms satisfactory to and approved by 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 City if requested. Consultant may provide complete, certified copies
of all required insurance policies to City. Consultant shall maintain current
endorsements on file with City's Risk Manager. All certificates and endorsements
shall be received and approved by the City before work commences. City
reserves the right to require complete, certified copies of all required insurance
policies, at any time. Consultant shall also provide proof to City that insurance
policies expiring during the term of this Agreement have been renewed or
replaced with other policies providing at least the same coverage. Consultant
shall furnish such proof at least two weeks prior to the expiration of the
coverages.
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17.12. Indemnity Requirements Not Limiting. Procurement of insurance by
Consultant shall not be construed as a limitation of Consultant's liability or as full
performance of Consultant's duty to indemnify City under Section 18.0.
17.13. Broader Coverage/Higher Limits. If Consultant maintains broader
coverage and/or higher limits than the minimums required above, City requires
and shall be entitled to the broader coverage and/or the higher limits maintained
by Consultant. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to City.
17.14. Subcontractor Insurance Requirements. Consultant shall require
each of its subcontractors that perform Services under this Agreement to
maintain insurance coverage that meets all of the requirements of this Section.
18.0 Indemnification, Hold Harmless, and Duty to Defend
18.1. Indemnities.
18.1.1. To the fullest extent permitted by law, Consultant shall, at its
sole cost and expense, protect, defend, hold harmless and indemnify City and its
elected and appointed officials, officers, attorneys, agents, employees,
designated volunteers, successors, assigns and those City agents serving as
independent contractors in the role of City officials (collectively "Indemnitees" in
this Section 18.0), from and against any and all damages, costs, expenses,
liabilities, claims, demands, causes of action, proceedings, judgments, penalties,
bid protests, stop notices, liens and losses of any nature whatsoever, including
but not limited to fees of accountants, attorneys and other professionals, and all
costs associated therewith, and the payment of all consequential damages
(collectively "Liabilities"), in law or equity, 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, suppliers, consultants, or 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 arbitration or 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.
18.1.2. Consultant shall indemnify and hold harmless City in
accordance with Sections 9.0 and 10.0.
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18.2. Subcontractor Indemnification. Consultant shall obtain executed
indemnity agreements with provisions identical to those in this Section 18.0 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 actual, 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.
18.3. 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' compensation 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 18.0 shall not be limited by the limits of any policies of insurance required or
provided by Consultant pursuant to this Agreement.
18.4. Insurance Requirements Not Limiting. City does not, and shall not,
waive any rights that it may possess against Consultant because of the
acceptance by City, or the deposit with City, of any insurance policy or certificate
required pursuant to this Agreement. The indemnities and obligations in this
Section shall apply regardless of whether or not any insurance policies are
determined to be applicable to the Liabilities asserted against City or any of the
other Indemnitees.
18.5. Survival of Terms. Consultant's covenants under this Section 18.0
shall survive the expiration or termination of this Agreement
19.0 Non -Discrimination and Equal Employment Opportunity
Consultant affirmatively represents that it is an equal opportunity employer. In the
performance of this Agreement, Consultant shall not discriminate against any
subcontractor, employee, or applicant for employment because of race, religion,
color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender
identity, gender expression, marital status, national origin, ancestry, physical
disability, mental disability, medical condition, genetic information, or any other
basis prohibited by law. Consultant will take affirmative action to ensure that
subcontractors and applicants are employed, and that employees are treated
during employment, without regard to their race, color, religious creed, sex,
gender, gender identity, gender expression, marital status, national origin,
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ancestry, age, physical disability, mental disability, medical condition, genetic
information or sexual orientation, or any other basis prohibited by law.
20.0 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.
21.0 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.
22.0 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.
23.0 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.
24.0 Governing Law
This Agreement shall be governed by and construed in accordance with the laws
of the State of California.
25.0 No Third Party Beneficiaries
This Agreement is made solely for the benefit of the Parties to this Agreement
and their respective successors and assigns, and no other person or entity shall
be deemed to have any rights hereunder against either party by virtue of this
Agreement.
26.0 Waiver
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No delay or omission to exercise any right, power or remedy accruing to City
under this Agreement shall impair any right, power or remedy of City, nor shall it
be construed as a waiver of, or consent to, any breach or default. No waiver of
any breach, any failure of a condition, or any right or remedy under this
Agreement shall be (1) effective unless it is in writing and signed by the Party
making the waiver, (2) deemed to be a waiver of, or consent to, any other breach,
failure of a condition, or right or remedy, or (3) deemed to constitute a continuing
waiver unless the writing expressly so states.
27.0 Prohibited Interests; Conflict of Interest
27.1. 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 interest, 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.
27.2. 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.
27.3. Consultant warrants and maintains that it has no knowledge that
any officer or employee of City has any interest, whether contractual, 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.
28.0 Final Payment Acceptance Constitutes Release
The acceptance by Consultant of the final payment made under this Agreement
shall operate as and be a release of City from all claims and liabilities for
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compensation to Consultant for anything done, furnished or relating to
Consultant's work or services. Acceptance of payment shall be any negotiation
of City's check or the failure to make a written extra compensation claim within
ten calendar days of the receipt of that check. However, approval or payment by
City shall not constitute, nor be deemed, a release of the responsibility and
liability of Consultant, its employees, subcontractors and agents for the accuracy
and competency of the information provided and/or work performed; nor shall
such approval or payment be deemed to be an assumption of such responsibility
or liability by City for any defect or error in the work prepared by Consultant, its
employees, subcontractors and agents.
29.0 Corrections
In addition to the indemnification obligations set forth above, Consultant shall
correct, at its expense, all errors in the work which may be disclosed during City's
review of Consultant's report or plans. Should Consultant fail to make such
correction in a reasonably timely manner, such correction may be made by City,
and the cost thereof shall be charged to Consultant. In addition to all other
available remedies, City may deduct the cost of such correction from any
retention amount held by City or may withhold payment otherwise owed
Consultant under this Agreement up to the amount of the cost of correction.
30.0 Non -Appropriation of Funds
Payments to be made to Consultant by City for any Services performed within the
current fiscal year are within the current fiscal budget and within an available,
unexhausted fund. In the event that City does not appropriate sufficient funds for
payment of Consultant's Services beyond the current fiscal year, this Agreement
shall cover payment for Consultant's Services only to the conclusion of the last
fiscal year in which City appropriates sufficient funds and shall automatically
terminate at the conclusion of such fiscal year.
31.0 Mutual Cooperation
31.1. City's Cooperation. City shall provide Consultant with all pertinent
Data, documents and other requested information as is reasonably available for
Consultant's proper performance of the Services required under this Agreement.
31.2. Consultant's Cooperation. In the event any claim or action is
brought against City relating to Consultant's performance of Services rendered
under this Agreement, Consultant shall render any reasonable assistance that
City requires.
32.0 Time of the Essence
Time is of the essence in respect to all provisions of this Agreement that specify a
time for performance; provided, however, that the foregoing shall not be
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construed to limit or deprive a Party of the benefits of any grace or use period
allowed in this Agreement.
33.0 Attorneys' Fees
If either party commences an action against the other party, either legal,
administrative or otherwise, arising out of or in connection with this Agreement,
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.
34.0 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.
35.0 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.
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CITY OF SEAL BEACH
Attest:
Jill R. Ingram, City Manager
Gloria D. Harper, City Clerk
Approved as to For
By:
raig A. Steele, City Attorney
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
(Please note, two signatures required
for corporations pursuant to California
Corporations Code Section 313 from
each of the following categories: (i) the
chairperson of the board, the president
or any vice president, and (ii) the
secretary, any assistant secretary, the
chief financial officer or any assistant
treasurer of such corporation.)
PROOF OF AUTHORITY TO BIND
CONTRACTING PARTY REQUIRED
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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
$110/hr., 2 days a week, or as services are needed
Building Inspector
$75/hr., 40 hrs. a week and additional 8 hrs. every two to
three weeks, or as services are needed
Permit Technician
$70/hr., as needed
Plan Checks
65% of the plan check fees per City Fee Schedule
Any other services
requested
Per the Transtech Standard Hourly Rates
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 Transtech's current standard
hourly rates in Exhibit B.
Page 20 of 24
23050803
EXHIBIT B
SCHEDULE OF HOURLY RATES
TRANSTECH ENGINEERS, INC.
SCHEDULE OF HOURLY RATES
Effective through June 30, 2022
FieldENGINEERING
Engineering Technician
:0
$95
Assistant CAD Drafter
$115
Senior CAD Drafter
$135
Associate Designer
$140
Senior Designer
$150
Design Project Manager
$185
Assistant Engineer
$120
Staff/Associate Civil Engineer
$145
Senior Public Works Inspector
$145
Senior Civil Engineer
$195
Traffic Analyst Technician
$10
Associate Traffic Analyst
$130
Senior Traffic Analyst
$150
Professional Transportation Planner
$165
Traffic Engineer Technician
$95
Associate Traffic Engineer
$145
Traffic Engineer
$165
Senior Traffic Engineer
$185
Project Manager
$170
Senior Project Manager
$185
Deputy City Engineer
$160
City Engineer
$175
Principal Engineer
$195
Funds Coordinator
$140
Utility Coordinator
$150
Office Engineer
$135
Construction Inspector
$135
Senior Construction Inspector
$145
Construction Manager
$185
Resident Engineer
$185
PUBLIC WORKS INSPECTION
Public Works Inspector
�J 35
Senior Public Works Inspector
$145
Supervising PW Inspector
$150
SURVEY AND MAPPING
Survey Analyst
�Il 35
Senior Survey Analyst
$145
2 Man Survey Crew
$310
Survey & Mapping Specialist
$175
Licensed Land Surveyor
$190
FUNDING & GRANT
WRITING Funds Analyst
�1 M
Senior Funds Analyst
$140
Graphic & Rendering Designer
$125
Grant Writer
$155
Funds & Grant Project Manager
$175
BUILDING & SAFETY
Permit Technician
Plan Check Technician
$85
$90
Building Inspector
$110
Senior Inspector
$125
Plans Examiner/Checker
$135
Plan Check Engineer
$150
Deputy Building Official
$150
Building Official
$160
PLANNING
Community Development
Technician
$80
Planning Technician
$85
Assistant Planner
$120
Associate Planner
$135
Senior Planner
$155
Planning Manager
$165
ADMINISTRATIVE STAFF
Administrative/Clerical
Project Accountant
$80
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.
EXHIBIT C
Page 21 of 24
2305080
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 determination 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
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.
Page 22 of 24
23050803
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 performed 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 which
require every employer to be insured against liability for workers'
compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract."
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 between 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
Page 23 of 24
23050803
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 prevailing 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.
Page 24 of 24
23050803
>yDE GEQ�,eF9ti
t� `yea
AGENDA STAFF REPORT
o,
�c4OFORN�P'�
DATE: July 26, 2021
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Philip L. Gonshak, Chief of Police
SUBJECT: Approving and Authorizing a Memorandum of
Understanding with the Child Abuse Services Team
SUMMARY OF REQUEST:
That the City Council adopt Resolution 7173:
1. Approving the Memorandum of Understanding with the Child Abuse
Services Team; and,
2. Authorizing the City Manager to execute the Agreement.
BACKGROUND AND ANALYSIS:
Child abuse investigations are one of the most sensitive and complex types of
criminal investigations. Because of this, child abuse investigations have a unique
protocol that are focused on protecting the victim as well as protecting the
integrity of the investigation.
Law enforcement is often the first responder to a complaint of child abuse. The
case typically begins with a uniformed police officer assessing a child's
disclosure of abuse, acting on any immediate safety needs, and providing proper
resources (medical, social services, shelter, etc.) to the child. Once the police
officer has established the probability of a criminal offense, an investigator
is assigned to coordinate the criminal investigation.
The Child Abuse Services Team (CAST) began in 1989 as a multi -disciplinary
team program for conducting child sexual abuse investigations at a single site. At
that time, children who were alleged to have been sexually abused were
subjected to multiple interviews by numerous professionals at various sites.
CAST's coordinated style of on-site services enables social services, law
enforcement, deputy district attorneys, medical providers, and therapists to
collaborate on investigations. Thus, investigations are completed in a more
timely, thorough, and consistent manner. This benefits both the child and family
Agenda Item F
during the investigation of any alleged child abuse. The success of this one-stop
approach was expanded to include all forms of child abuse in 1999.
The child -focused, child -friendly environment at CAST serves to further reduce
the trauma for these children. Each year over 1,000 children in Orange County
are seen at the CAST office. Additionally, CAST is a member of the National
Children's Alliance, a nationally recognized leader and role model for its child -
friendly approach to conducting child abuse investigations.
For many years, the Seal Beach Police Department has partnered with CAST to
assist with child abuse investigations. The Memorandum of Understanding
(MOU) agreement with CAST is between the City of Seal Beach and the
University of California, Irvine Department of Pediatrics, who is a contracted
provided for the County of Orange. The MOU has not been updated since 2017,
and changes to the agreement include greater indemnification and increases in
cost. These changes in the MOU necessitate updating the agreement, which
begins July 1, 2021 and will terminate on June 30, 2025.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
The City Attorney has reviewed this item and approved it as to form.
FINANCIAL IMPACT:
Cost of this service is on a "per use" basis rates for services are reflected in the
MOU Agreement under Table -1 Compensation and will be paid out of account
number 001-023-44000.
STRATEGIC PLAN:
This item is not applicable to the City Council strategic goals adopted March 5,
2020.
MEASURE BB:
This item is applicable to Measure BB, the Seal Beach Neighborhood and
Essential Services Protection Measure.
RECOMMENDATION:
That the City Council adopt Resolution 7173:
Page 2
1. Approving the Memorandum of Understanding with the Child Abuse
Services Team; and,
2. Authorizing the City Manager to execute the Agreement.
SUBMITTED BY:
Philip L. Gonshak
Philip L. Gonshak, Chief of Police
NOTED AND APPROVED:
Jill R. Ingram
Jill R. Ingram, City Manager
Prepared by: Michael Henderson, Operations Captain
ATTACHMENTS:
A. Resolution 7173
B. Memorandum of Understanding
C. County and UCI Agreement (for reference only)
Page 3
RESOLUTION 7173
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING
AN AGREEMENT WITH THE CHILD ABUSE SERVICES TEAM
WHEREAS The City Council hereby approves the Memorandum of
Understanding Between the Regents of the University of California, As Described
in Article IX, Section 9 of the California Constitution, on behalf of University
California, Irvine Department of Pediatrics AND The City of Seal Beach Police
Department; and,
WHEREAS Child abuse in one of the most sensitive and complex types of
criminal investigations and partnering with the Child Abuse Services Team is a
best practice that prioritizes protecting the victim, as well as protecting the
integrity of the investigation; and,
WHEREAS This agreement has not been updated since 2017 and
changes to cost and indemnification necessitate a new agreement.
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The Council enters into this agreement and hereby authorizes the
City Manager or her designee to execute on behalf of the City of Seal Beach all
agreements, contracts and necessary documents in relation thereto.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a
regular meeting held on the 26th day of July 2021 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Joe Kalmick, 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 7173 on file in the office of
the City Clerk, passed, approved, and adopted by the City Council at a regular
meeting held on the 26th day of July, 2021.
Gloria D. Harper, City Clerk
MEMORANDUM OF UNDERSTANDING
THE REGENTS OF THE UNIVERSITY OF CALIFORNIA,
AS DESCRIBED IN ARTICLE IX, SECTION 9 OF THE CALIFORNIA CONSTITUTION,
ON BEHALF OF UNIVERSITY CALIFORNIA, IRVINE
DEPARTMENT OF PEDIATRICS
AND
THE CITY OF SEAL BEACH POLICE DEPARTMENT, THE LAW ENFORCEMENT AGENCY
This Memorandum of Understanding ("MOU") dated July 1, 2021 is by an between The Regents of the
University of California, as described in Article IX, Section 9 of the California Constitution on behalf of
University of California, Irvine Department of Pediatrics (`UCI"), and the City of Seal Beach Police
Department ("Law Enforcement Agency"), sometimes referred to individually as "Party" and collectively
as "Parties"
WHEREAS the purpose of this MOU is to summarize the terms of an operational agreement
between the following entities: UCI, the Orange County Social Services Agency (SSA), the Child
Abuse Services Team (CAST), the Office of the District Attorney (DA), and the Law Enforcement
Agency.
WHEREAS UCI and SSA have entered into an Agreement for Provision of Child Abuse Services
("Agreement"), the term of this MOU will be from July 1, 2021 through June 30, 2025.
Notwithstanding the foregoing, this MOU shall terminate immediately upon termination of the
Agreement.
NOW THEREFORE, the entities have agreed to the following:
UCI will closely coordinate the following services with the Seal Beach Police Department, Law
Enforcement Agency in relation to the following areas:
1. Attorney General Grant Requirements;
2. California Governor's Office of Emergency Services (Cal OES) Grant Requirements;
3. Department of Justice Grant Requirements;
4. Utilizing CAST to reduce the trauma to the child;
All entities believe that implementation of the CAST proposal, as described herein, will further this
goal.
To that end, each entity agrees to participate in the program by coordinating and/or providing the
following services:
• Project staff being readily available to CAST for service provision through the attached
Agreement for the Child Abuse Medical Services Provider.
• Regularly scheduled meetings between indicated agencies to discuss strategies, timetables, and
implementation of mandated services.
• Specifically, services as described in the Agreement attached hereto and incorporated herein by
reference.
CAST - UCI — Peds Dept. — Seal Beach PD — Eff 07-01-2021
The undersigned Law Enforcement Agency, as the authorized representative of CAST, SSA, and the
DA, and UCI, do hereby approve this MOU.
1. TERM: The term of this MOU will be from July 1st, 2021- June 30th, 2025.
2. COMPENSATION: Law Enforcement Agency agrees to reimburse UCI at the rates reflected in Table 1
- Compensation:
Table 1 - Compensation
Name and Description of Service
7/1/2021
thru
06/30/22
7/1/2022
thru
06/30/23
7/1/2023
thru
06/30/24
7/1/2024
thru
06/30/25
Non-acute Exam
Exam any time after an incident
without the collection of forensic
evidence.
$700
$750
$800
$850
Acute Exam
Exam up to 10 days after incident,
with potential for forensic evidence
collection at discretion of examiner.
$850
$900
$950
$1,000
3. BILLING:
a. The CAST Office Coordinator will invoice the law enforcement agency after services
have been rendered.
b. The law enforcement agency will remit payment within thirty (30) days from the date on
the invoice to thefollowing address:
i. UC Irvine Department of Pediatrics
Attn: Finances
333 City Blvd West, Suite 800
Orange, CA 92868
4. DESCRIPTION OFSERVICES:
a. An exam can include the following services but is not limited to:
i. Initial Evaluation
ii. Evidence Collection (for acute exams)
iii. Written Report
iv. Consultation
V. STI Testing
vi. Lab Analysis
vii. Follow Up Exams
b. Acute Exam: Exam up to 10 days after incident, with potential for forensic evidence
collection atdiscretion of examiner.
c. Non- Acute Exam: Exam any time after an incident without the collection of forensic
evidence.
CAST - UCI — Peds Dept. — Seal Beach PD — Eff 07-01-2021 2
5. INDEMNIFICATION
Each Party shall defend, indemnify and hold the other Party, its officers, employees and agents harmless
from and against any and all liability, loss, expense (including reasonable attorneys' fees), or claims for
injury or damages arising out of the performance of this MOU, but only in proportion to and to the extent
such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from
its own negligent or intentional acts or omissions or those of its officers, employees or agents.
6. INSURANCE
A. Law Enforcement Agency, at its sole cost and expense, shall insure its activities in
connection with this MOU and obtain, keep in force and maintain insurance as follows:
1. Comprehensive or Commercial Form General Liability Insurance (contractual liability
included) with limits as follows:
(a) Each Occurrence $ 2,000,000
(b) General Aggregate (Not applicable to $ 5,000,000
the Comprehensive form)
However, if such insurance is written on a claims -made form following termination of
this MOU coverage shall survive for a period of not less than three years. Coverage
shall provide for a retroactive date of placement coinciding with the effective date of
this MOU.
2. Business Automobile Liability Insurance for owned, scheduled, non -owned or hired
automobiles with a combined single limit no less than One Million Dollars ($1,000,000)
per occurrence.
3. Workers' Compensation and Employers Liability Insurance in a form and amount
covering Law Enforcement Agency's full liability under the Workers' Compensation
Insurance and Safety Act of the State of California as amended from time to time.
4. Such other insurance in such amounts which from time to time may be reasonably
required by the mutual consent of UCI and Law Enforcement Agency against other
insurable risks relating to performance.
It should be expressly understood, however, that the coverages required under this Section
A.1., 2., 3. and 4. shall not in any way limit the liability of Law Enforcement Agency.
Law Enforcement Agency, upon the execution of this MOU shall furnish UCI with
Certificates of Insurance evidencing compliance with all requirements. Certificates shall
further provide for thirty (30) -day advance written notice to UCI of any modification, change
or cancellation of any of the above insurance coverages.
CAST - UCI — Peds Dept. — Seal Beach PD — Eff 07-01-2021 3
B. UCI at its sole cost and expense, shall insure its activities in connection with this MOU and
obtain, keep in force and maintain a self-insurance program as follows:
1. General Liability Self -Insurance Program with limits as follows:
(a) Each Occurrence $ 2,000,000
(b) General Aggregate $ 5,000,000
2. Professional Medical and Hospital Liability self-insurance program with limits as
follows:
(a) Each Occurrence $ 2,000,000
(b) General Aggregate $ 5,000,000
If such insurance is written on a claim made form, following termination of the MOU,
coverage shall survive for the maximum reporting period available from insurance
sources. Coverage shall also provide for a retroactive date of placement prior to or
coinciding with the effective date of the MOU.
3. Business Automobile Self -Insurance Program for owned, scheduled, non -owned, or
hired automobiles with a combined single limit no less than One Million Dollars
($1,000,000) per occurrence.
4. Workers' Compensation and Employers Liability equivalent Self -Insurance Program
covering UCI'S full liability under the Workers' Compensation Insurance and Safety Act
of the State of California, as amended from time to time.
5. Such other insurance in such amounts which from time to time may be reasonably
required by the mutual consent of Law Enforcement Agency and UCI against other
insurable risks relating to performance.
It should be expressly understood, however, that the coverages required under this Section
B.1., 2., 3., 4. and 5. shall not in any way limit the liability of UCI.
UCI, upon the execution of this MOU, shall furnish Law Enforcement Agency with
Certificates of Self -Insurance evidencing compliance with all requirements. Certificates
shall further provide for thirty (30) day advance written notice to Law Enforcement Agency
of any modification, change or cancellation of any of the above insurance coverages.
CAST - UCI — Peds Dept. — Seal Beach PD — Eff 07-01-2021 4
IN WITNESS WHEREOF, the parties have entered into this MOU as of the day and year first written
above.
UCI:
THE REGENTS OF THE UNIVERSITY
OF CALIFORNIA, AS DESCRIBED IN
ARTICLE IX, SECTION 9 OF THE
CALIFORNIA CONSTITUTION ON
BEHALF OF UNIVERSITY OF
CALIFORNIA, IRVINE DEPARTMENT
OF PEDIATRICS
En
Name: Chad Lefteris
Title: Chief Executive Officer
Date:
Address: 101 The City Drive South
Orange, CA 92868
LAW ENFORCEMENT AGENCY:
SEAL BEACH POLICE DEPARTMENT
I:
Name: Philip L. Gonshak
Title: Chief of Police
Date:
Address: 911 Seal Beach Blvd.
Seal Beach, CA 90740
CAST - UCI — Peds Dept. — Seal Beach PD — Eff 07-01-2021 5
AGREEMENT
BETWEEN
COUNTY OF ORANGE
AND
THE REGENTS OF THE UNIVERSITY OF CALIFORNIA,
AS DESCRIBED IN ARTICLE IX, SECTION 9, OF THE CALIFORNIA CONSTITUTION,
ON BEHALF OF THE UNIVERSITY OF CALIFORNIA, IRVINE,
SCHOOL OF MEDICINE, DEPARTMENT OF PEDIATRICS
FOR THE PROVISION OF CHILD ABUSE MEDICAL SERVICES
This AGREEMENT is by and between the COUNTY OF ORANGE, hereinafter
referred to as "COUNTY," and THE REGENTS OF THE UNIVERSITY OF
CALIFORNIA, as described in Article IX, section 9, of the California constitution, on
behalf of THE UNIVERSITY OF CALIFORNIA, IRVINE, SCHOOL OF MEDICINE,
DEPARTMENT OF PEDIATRICS, hereinafter referred to as "UCP' or
"CONTRACTOR." This Agreement shall be administered by the County of Orange Social
Services Agency Director or designee, hereinafter referred to as "ADMINISTRATOR."
WITNESSETH:
WHEREAS, COUNTY desires to contract with CONTRACTOR for the provision
of Child Abuse Medical Services;
WHEREAS, CONTRACTOR agrees to render such services on the terms and
conditions hereinafter set forth;
WHEREAS, such services are authorized and provided for pursuant to California
Welfare and Institutions Code sections 16501 and 18961.7, California Civil Code section
56.10 et seq. and 45 Code of Federal Regulations 164.512; and
ACCORDINGLY, THE PARTIES AGREED AS FOLLOWS:
CEH0921 Page 1 of 39 April 22, 2021
TABLE OF CONTENTS
1.
TERM................................................................................................................................................... 4
2.
ALTERATION OF TERMS................................................................................................................
4
3.
STATUS OF CONTRACTOR.............................................................................................................4
4.
DESCRIPTION OF SERVICES..........................................................................................................
5
5.
LICENSES AND STANDARDS.........................................................................................................
5
6.
DELEGATION AND ASSIGNMENT/CHANGE OF OWNERSHIP ................................................
6
7.
SUBCONTRACTS..............................................................................................................................
6
8.
FORM OF BUSINESS ORGANIZATION/NAME CHANGE...........................................................7
9.
USE OF COUNTY PROPERTY.........................................................................................................
8
10.
NON-DISCRIMINATION...................................................................................................................8
11.
NOTICES...........................................................................................................................................11
12.
NOTICE OF DELAYS......................................................................................................................12
13.
INDEMNIFICATION........................................................................................................................12
14.
INSURANCE.....................................................................................................................................13
15.
NOTIFICATION OF LITIGATION, INCIDENTS, CLAIMS, OR SUITS......................................16
16.
CONFLICT OF INTEREST..............................................................................................................17
17.
ANTI -PROSELYTISM PROVISION...............................................................................................17
18.
SUPPLANTING GOVERNMENT FUNDS......................................................................................18
19.
EQUIPMENT.....................................................................................................................................18
20.
BREACH SANCTIONS....................................................................................................................19
21.
PAYMENTS......................................................................................................................................
20
22.
OVERPAYMENTS...........................................................................................................................22
23.
OUTSTANDING DEBT....................................................................................................................22
24.
FINAL REPORT................................................................................................................................22
25.
RECORDS, INSPECTIONS, AND AUDITS....................................................................................23
26.
PERSONNEL DISCLOSURE...........................................................................................................
25
27.
EMPLOYMENT ELIGIBILITY VERIFICATION...........................................................................27
28.
CHILD AND DEPENDENT ADULT/ELDER ABUSE REPORTING ............................................
27
29.
NOTICE TO EMPLOYEES REGARDING THE SAFELY SURRENDERED BABY LAW .........
28
30.
CONFIDENTIALITY........................................................................................................................28
31.
SECURITY........................................................................................................................................
29
32.
COPYRIGHT ACCESS.....................................................................................................................
31
33.
WAIVER............................................................................................................................................31
34.
SERVICES DURING EMERGENCY AND/OR DISASTER..........................................................
32
35.
PUBLICITY, LITERATURE, ADVERTISEMENTS AND SOCIAL MEDIA ................................
32
36.
REPORTS..........................................................................................................................................
33
37.
ENERGY EFFICIENCY STANDARDS...........................................................................................34
38.
ENVIRONMENTAL PROTECTION STANDARDS......................................................................
34
39.
CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN
FEDERAL TRANSACTIONS...................................................................................................................
34
40.
POLITICAL ACTIVITY...................................................................................................................
35
41.
TERMINATION PROVISIONS........................................................................................................
36
42.
GOVERNING LAW AND VENUE..................................................................................................
37
43.
THE REGENTS.................................................................................................................................
37
44.
SIGNATURE IN COUNTERPARTS................................................................................................
38
CEH0921 Page 2 of 39 April 22, 2021
EXHIBIT A
1.
POPULATION TO BE SERVED........................................................................................................1
2.
DEFINITIONS.....................................................................................................................................1
3.
HOURS OF OPERATION...................................................................................................................2
4.
CAST MEDICAL SERVICES.............................................................................................................
3
5.
TELEPHONIC CONSULTATION SERVICES..................................................................................
5
6.
ADDITIONAL CONTRACTOR RESPONSIBILITIES.....................................................................
6
7.
FACILITIES........................................................................................................................................7
8.
REPORTS............................................................................................................................................
7
9.
QUALITY ASSURANCE................................................................................................................... 9
10.
OUTCOMES........................................................................................................................................
9
11.
BUDGET FOR CHILD ABUSE MEDICAL SERVICES...................................................................
9
12.
STAFF................................................................................................................................................14
CEH0921 Page 3 of 39 April 22, 2021
I
3
TRT? M
The term of this Agreement shall commence on July 1, 2021, and terminate on June 30,
2024, unless earlier terminated pursuant to the provisions of Paragraph 41 of this
Agreement; however, each party shall be obligated to perform such duties as would
normally extend beyond this term, including, but not limited to, obligations with respect to
indemnification, audits, reporting and accounting. CONTRACTOR and
ADMINISTRATOR may mutually agree in writing to extend the term of this Agreement,
for up to twelve (12) additional months upon the same terms and conditions, provided that
COUNTY's maximum funding obligation as stated in Subparagraph 21.1 of this
Agreement does not increase as a result.
ALTERATION OF TERMS
2.1 This Agreement, including any Exhibit(s) attached hereto and incorporated by
reference, fully expresses all understandings of the parties and is the total
Agreement between the parties as to the subject matter of this Agreement. No
addition to, or alteration of, the terms of this Agreement, whether written or verbal,
are valid or binding unless made in the form of a written amendment to this
Agreement which is formally approved and executed by both parties.
2.2 The various headings, numbers, and organization herein are for the purpose of
convenience only and shall not limit or otherwise affect the Agreement.
STATUS OF CONTRACTOR
3.1 CONTRACTOR is, and shall at all times be deemed to be, an independent
contractor, and shall be wholly responsible for the manner in which it performs the
services required of it by the terms of this Agreement. Nothing herein contained
shall be construed as creating the relationship of employer and employee, or
principal and agent, between COUNTY and CONTRACTOR or any of
CONTRACTOR's agents or employees. CONTRACTOR assumes exclusively the
responsibility for the acts of its employees or agents as they relate to services to be
provided during the course and scope of their employment.
3.2 CONTRACTOR, its agents, and employees shall not be entitled to any rights and/or
privileges of COUNTY employees, and shall not be considered in any manner to
be COUNTY employees.
CEH0921 Page 4 of 39 April 22, 2021
4. DESCRIPTION OF SERVICES
4.1 CONTRACTOR agrees to provide those services, facilities, equipment, and
supplies, as described in the Exhibit A to the Agreement between County of Orange
and The Regents of the University of California, for the Provision of Child Abuse
Medical Services, attached hereto and incorporated herein by reference.
CONTRACTOR shall operate continuously throughout the term of this Agreement
with the number and type of staff described and as required for provision of services
hereunder.
4.2 Subject to thirty (30) days advance written notice, ADMINISTRATOR may require
changes in staffing allocations to reflect current workload demands or service needs
as long as COUNTY's maximum funding obligation, as set forth in this Agreement,
is not exceeded.
4.3 Upon the request of ADMINISTRATOR, CONTRACTOR shall send appropriate
staff to attend an orientation session and subsequent training sessions given by
COUNTY.
5. LICENSES AND STANDARDS
5.1 CONTRACTOR attests that it and its personnel, described in Paragraph 26 of this
Agreement, who are subject to individual registration and/or licensing
requirements, have all necessary licenses and permits required by the laws of the
United States, State of California (hereinafter referred to as "State"), County of
Orange, and all other appropriate governmental agencies to perform the services
described in this Agreement, and agrees to maintain, and require its personnel to
maintain, these licenses and permits in effect for the duration of this Agreement.
Further, CONTRACTOR attests that its employees shall conduct themselves in
compliance with such laws and licensure requirements, including, without
limitation, compliance with laws applicable to sexual harassment and ethical
behavior. CONTRACTOR must notify ADMINISTRATOR within seventy-two
(72) hours of any change in license or permit status (e.g., becoming expired,
inactive, etc.).
5.2 In the performance of this Agreement, CONTRACTOR shall comply with all
applicable provisions of the California Welfare and Institutions Code (WIC); Title
CEH0921 Page 5 of 39 April 22, 2021
45 of the Code of Federal Regulations (CFR); implementing regulations under 2
CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards; and all applicable laws and regulations of the
United States, State of California, County of Orange, and County of Orange Social
Services Agency, and all administrative regulations, rules, and policies adopted
thereunder, as each and all may now exist or be hereafter amended.
5.2.1 For federally funded Agreements in the amount of $25,000 or more,
CONTRACTOR certifies that its officers and/or principals are not debarred
or suspended from federal financial assistance programs and/or activities.
6. DELEGATION AND ASSIGNMENT/CHANGE OF OWNERSHIP
6.1 Delegation and Assi ng ment
6. 1.1 In the performance of this Agreement, CONTRACTOR may neither
delegate its duties or obligations nor assign its rights, either in whole or in
part, without the prior written consent of COUNTY. Any attempted
delegation or assignment without prior written consent shall be void. The
transfer of assets in excess of ten percent (10%) of the total assets of
CONTRACTOR, or any change in the corporate structure, the governing
body, or the management of CONTRACTOR, which occurs as a result of
such transfer, shall be deemed an assignment of benefits under the terms of
this Agreement requiring COUNTY approval.
6.1.2 COUNTY reserves the right to immediately terminate the Agreement in the
event COUNTY determines that the assignee is not qualified or otherwise
acceptable to COUNTY for the provision of services under the Agreement.
6.2 Change of Ownership
CONTRACTOR agrees that if there is a change or transfer in ownership of
CONTRACTOR's business prior to completion of this Agreement, and COUNTY
agrees to an assignment of the Agreement, the new owners shall be required, under
the terms of sale or other instruments of transfer, to assume CONTRACTOR's
duties and obligations contained in this Agreement and complete them to the
satisfaction of COUNTY.
7. SUBCONTRACTS
CEH0921 Page 6 of 39 April 22, 2021
7.1 CONTRACTOR shall not subcontract for services under this Agreement without
the prior written consent of ADMINISTRATOR. If ADMINISTRATOR consents
in writing to a subcontract, in no event shall the subcontract alter, in any way, any
legal responsibility of CONTRACTOR to COUNTY. All subcontracts must be in
writing and copies of same shall be provided to ADMINISTRATOR.
CONTRACTOR shall include in each subcontract any provision
ADMINISTRATOR may require.
8. FORM OF BUSINESS ORGANIZATION/NAME CHANGE
8.1 Form of Business Organization
Upon the request of ADMINISTRATOR, CONTRACTOR shall prepare and
submit, within thirty (30) days thereafter, an affidavit executed by persons
satisfactory to ADMINISTRATOR, containing, but not limited to, the following
information:
8.1.1 The form of CONTRACTOR's business organization, i.e., proprietorship,
partnership, corporation, etc.
8.1.2 A detailed statement indicating the relationship of CONTRACTOR, by way
of ownership or otherwise, to any parent organization or individual.
8.1.3 A detailed statement indicating the relationship of CONTRACTOR to any
subsidiary business organization or to any individual who may be providing
services, supplies, material, or equipment to CONTRACTOR or in any
manner does business with CONTRACTOR under this Agreement.
8.2 Change in Form of Business Organization
If, during the term of this Agreement, the form of CONTRACTOR's business
organization changes, or the ownership of CONTRACTOR changes, or when
changes occur between CONTRACTOR and other businesses CONTRACTOR's
relationship to other businesses dealing with CONTRACTOR under this
Agreement changes and could impact services provided through this Agreement,
CONTRACTOR shall promptly notify ADMINISTRATOR, in writing, detailing
such changes. A change in the form of business organization may, at COUNTY's
sole discretion, be treated as an attempted assignment of rights or delegation of
duties of this Agreement.
CEH0921 Page 7 of 39 April 22, 2021
8.3 Name Change
CONTRACTOR must notify COUNTY, in writing, of any change in
CONTRACTOR's status with respect to name changes that do not require an
assignment of the Agreement. While CONTRACTOR is required to provide name
change information without prompting from the COUNTY, CONTRACTOR must
also provide an update to COUNTY of its status upon request by COUNTY.
9. USE OF COUNTY PROPERTY
9.1 CONTRACTOR shall be co -located with COUNTY staff, at a COUNTY facility,
to provide services under this Agreement. CONTRACTOR shall enter into a rent-
free lease agreement with ADMINISTRATOR for the co -location and shall execute
all terms and conditions of said agreement upon ADMINISTRATOR'S
presentation of said document to CONTRACTOR. Failure to execute the lease
agreement will result in a breach of this Agreement.
9.2 CONTRACTOR is responsible for any costs associated with Fair Employment and
Housing Act and Americans with Disabilities Act accommodations for its own
employees at COUNTY facilities. COUNTY may, at its sole discretion and on a
case-by-case basis, provide for such accommodations at no cost to
CONTRACTOR.
10. NON-DISCRIMINATION
10.1 In the performance of this Agreement, CONTRACTOR agrees that it shall not
engage nor employ any unlawful discriminatory practices in the admission of
clients, provision of services or benefits, assignment of accommodations,
treatment, evaluation, employment of personnel, or in any other respect, on the
basis of race, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, genetic information, marital status, sex,
gender, gender identity, gender expression, age, sexual orientation, military and
veteran status, or any other protected group, in accordance with the requirements
of all applicable federal or State laws.
10.2 CONTRACTOR shall furnish any and all information requested by
ADMINISTRATOR and shall permit ADMINISTRATOR access, during business
hours, to books, records, and accounts in order to ascertain CONTRACTOR's
CEH0921 Page 8 of 39 April 22, 2021
compliance with Paragraph 10 et seq.
10.3 Non -Discrimination in Employment
10.3.1 CONTRACTOR shall comply with Executive Order 11246, entitled "Equal
Employment Opportunity," as amended by Executive Order 11375, and as
supplemented in Department of Labor regulations (Title 41 CFR Part 60).
10.3.2 All solicitations or advertisements for employees placed by or on behalf of
CONTRACTOR shall state that all qualified applicants will receive
consideration for employment without regard to race, religious creed, color,
national origin, ancestry, physical disability, mental disability, medical
condition, genetic information, marital status, sex, gender, gender identity,
gender expression, age, sexual orientation, military and veteran status, or
any other protected group, in accordance with the requirements of all
applicable federal or State laws. Notices describing the provisions of the
equal opportunity clause shall be posted in a conspicuous place for
employees and job applicants.
10.3.3 CONTRACTOR shall refer any and all employees desirous of filing a
formal discrimination complaint to:
California Department of Fair Employment
2218 Kausen Drive, Suite 100
Elk Grove, CA 95758
Telephone: (800) 884-1684
(800) 700-2320 (TTY)
10.4 Non -Discrimination in Service Delivery
10.4.1 CONTRACTOR shall comply with Titles VI and VII of the Civil Rights
Act of 1964, as amended; section 504 of the Rehabilitation Act of 1973, as
amended; the Age Discrimination Act of 1975, as amended; the Food Stamp
Act of 1977, as amended, and in particular 7 CFR section 272.6; Title II of
the Americans with Disabilities Act of 1990, as amended; California Civil
Code section 51 et seq., as amended; California Government Code (CGC)
sections 11135-11139.5, as amended; CGC section 12940 (c), (h), (i), and
0); CGC section 4450; Title 22, California Code of Regulations (CCR)
CEH0921 Page 9 of 39 April 22, 2021
sections 98000-98413; the Dymally-Alatorre Bilingual Services Act (CGC
section 7290-7299.8); section 1808 of the Removal of Barriers to
Interethnic Adoption Act of 1996; and other applicable federal and State
laws, as well as their implementing regulations (including Title 45 CFR
Parts 80, 84, and 91; Title 7 CFR Part 15; and Title 28 CFR Part 42), and
any other law pertaining to Equal Employment Opportunity, Affirmative
Action, and Nondiscrimination, as each may now exist or be hereafter
amended. CONTRACTOR shall not implement any administrative
methods or procedures which would have a discriminatory effect or which
would violate the California Department of Social Services (CDSS) Manual
of Policies and Procedures (MPP) Division 21, Chapter 21-100. If there are
any violations of this Paragraph, CDSS shall have the right to invoke fiscal
sanctions or other legal remedies in accordance with WIC section 10605, or
CGC sections 11135-11139.5, or any other laws, or the issue may be
referred to the appropriate federal agency for further compliance action and
enforcement of Subparagraph 10.4 et seq.
10.4.2 CONTRACTOR shall provide any and all clients desirous of filing a formal
complaint any and all information as appropriate:
10.4.2.1 Pamphlet: "Your Rights Under California Welfare Programs"
(PUB 13)
10.4.2.2 Discrimination Complaint Form
10.4.2.3 Civil Rights Contacts:
County Civil Rights Contact:
Orange County Social Services Agency
Program Integrity
Attn: Civil Rights Coordinator
P.O. Box 22001
Santa Ana, CA 92702-2001
Telephone: (714) 438-8877
State Civil Rights Contact:
California Department of Social Services
CEH0921 Page 10 of 39 April 22, 2021
11.
Civil Rights Bureau
P.O. Box 944243, M.S. 8-16-70
Sacramento, CA 94244-2430
Telephone: (916) 654-2107
Toll Free: (866) 741-6241
Federal Civil Rights Contact:
Office of Civil Rights
U.S. Department of Health and Human Services
90 7th Street, Suite 4-100
San Francisco, CA 94103
Customer Response Center: (800) 368-1019
10.4.3 The following websites provide Civil Rights information, publications
and/or forms:
10.4.3.1 http://www.edss.ca.gov/cdssweb/entres/forms/English/PUB470
pddf (Pub 470 - Your rights Under Adult Protective Services)
10.4.3.2 http://www.cdss.ca.gov/inforesources/Civil-Rights/Your-
Rights-Under-California-Welfare-Pro _gram (Pub 13 — Your
Rights Under California Welfare Programs)
10.4.3.3 h!tp:Hssa.ocgov.com/about/services/contact/complaints/comply
(SSA Contractor and Vendor Compliance page)
NOTICES
11.1 All notices, requests, claims, correspondence, reports, statements authorized or
required by this Agreement, and/or other communications shall be addressed as
follows:
COUNTY: County of Orange Social Services Agency
Contracts Services
500 N. State College Blvd, Suite 100
Orange, CA 92868
CONTRACTOR: UC Irvine Health
Executive Director
CEH0921 Page 11 of 39 April 22, 2021
Health Services Contracting
333 City Blvd. West, Suite 550
Orange, CA 92868
Contracting@health.hs.uci.edu
11.2 All notices shall be deemed effective when in writing and when:
11.2.1 Deposited in the United States mail, first class postage prepaid and
addressed as shown in the Subparagraph 11.1;
11.2.2 Sent by Email;
11.2.3 Faxed and transmission confirmed; or
11.2.4 Accepted by U.S. Postal Services Express Mail, Federal Express, United
Parcel Service, or any other expedited delivery service.
11.3 The parties each may designate by written notice from time to time, in the manner
aforesaid, any change in the address to which notices must be sent.
12. NOTICE OF DELAYS
Except as otherwise provided under this Agreement, when either party has knowledge that
any actual or potential situation is delaying or threatens to delay the timely performance of
this Agreement, that party shall, within one (1) business day, give notice thereof, including
all relevant information with respect thereto, to the other party.
13. INDEMNIFICATION
13.1 CONTRACTOR agrees to indemnify, defend with counsel approved in writing by
COUNTY, and hold U.S. Department of Health and Human Services, the State,
COUNTY, and their elected and appointed officials, officers, employees, agents,
and those special districts and agencies which COUNTY's Board of Supervisors
acts as the governing Board ("COUNTY INDEMNITEES") harmless from any
claims, demands, or liability of any kind or nature, including, but not limited to,
personal injury or property damage arising from or related to the services, products,
or other performance provided by CONTRACTOR pursuant to this Agreement. If
judgment is entered against CONTRACTOR and COUNTY by a court of
competent jurisdiction because of the concurrent active negligence of COUNTY or
COUNTY INDEMNITEES, CONTRACTOR and COUNTY agree that liability
CEH0921 Page 12 of 39 April 22, 2021
will be apportioned as determined by the court. Neither party shall request a jury
apportionment.
13.2 COUNTY agrees to indemnify, defend hold CONTRACTOR, its officers,
employees, and agents ("CONTRACTOR INDEMNITEES") harmless from any
claims, demands or liability of any kind or nature, including but not limited to
personal injury or property damage, arising from or related to the services, products
or other performance provided by COUNTY pursuant to this Agreement, but only
in proportion to and to the extent that any such claims, demands, or liabilities are
result from the negligent acts or omissions of COUNTY, its officers, employees, or
agents. If judgment is entered against COUNTY and CONTRACTOR by a court
of competent jurisdiction because of the concurrent active negligence of
CONTRACTOR INDEMNITEES or COUNTY, COUNTY and CONTRACTOR
agree that liability will be apportioned as determined by the court. Neither party
shall request a jury apportionment.
13.3 Neither termination of this Agreement, nor completion of the acts to be performed
under this Agreement, shall release any party from its obligation to indemnify as to
claims or cause of action asserted that arise from this agreement.
14. INSURANCE
14.1 Prior to the provision of services under this Agreement, CONTRACTOR agrees to
purchase all required insurance or maintain a program of self-insurance at
CONTRACTOR's expense, including all endorsements required herein, necessary
to satisfy COUNTY that the insurance provisions of this Agreement have been
complied with. CONTRACTOR agrees to keep such insurance coverage and
Certificate of Insurance and endorsements on deposit with ADMINISTRATOR
during the entire term of this Agreement. In addition, all subcontractors performing
work on behalf of CONTRACTOR pursuant to this Agreement shall obtain
insurance subject to the same terms and conditions as set forth herein for
CONTRACTOR.
14.2 CONTRACTOR shall not allow subcontractors to work if subcontractors have less
than the level of coverage required by COUNTY from CONTRACTOR under this
Agreement. It is the obligation of CONTRACTOR to provide notice of the
CEH0921 Page 13 of 39 April 22, 2021
14.3
14.4
14.5
insurance requirements to every subcontractor and to receive proof of insurance
prior to allowing any subcontractor to begin work. Such proof of insurance must
be maintained by CONTRACTOR through the entirety of this Agreement for
inspection by COUNTY representative(s) at any reasonable time.
All self-insured retentions (SIRS) shall be clearly stated on the Certificate of Self -
Insurance.
If CONTRACTOR fails to maintain insurance acceptable to COUNTY for the full
term of this Agreement, COUNTY may terminate this Agreement.
The policy or policies of insurance or program of self-insurance maintained by
CONTRACTOR shall provide the minimum limits and coverage as set forth below:
Coverage
Commercial General Liability
Automobile Liability including coverage for
owned, non -owned and hired vehicles
Workers' Compensation
Employer's Liability Insurance
Network Security & Privacy Liability
Professional Liability Insurance
Sexual Misconduct Liability
Liability
Minimum Limits
$1,000,000 per occurrence
$2,000,000 aggregate
$1,000,000 per occurrence
Statutory
$1,000,000 per occurrence
$1,000,000 per claims made
$1,000,000 per claims made
$1,000,000 aggregate
$1,000,000 per occurrence
Statement on the Certificate of Self -Insurance for Commercial General
14.6.1 Naming the County of Orange, its elected and appointed officials, officers,
agents, and employees as an Indemnified Party.
14.6.2 CONTRACTOR's insurance is primary and any insurance or self-insurance
maintained by the County of Orange shall be excess and non-contributing.
14.6.3 The Network Security and Privacy Liability policy of self-insurance shall
CEH0921 Page 14 of 39 April 22, 2021
contain the following statements on the Certificate of Self -Insurance:
14.6.4 The Network Security and Privacy Liability policy shall contain the
following endorsements which shall accompany the Certificate of
Insurance.
14.6.4.1 Naming the County of Orange, its elected and appointed
officials, officers, agents, and employees as an Indemnified
Party for vicarious liability.
14.6.4.2 The CONTRACTOR's program of self-insurance is primary and
any insurance or self-insurance maintained by the County of
Orange shall be excess and non-contributing.
14.6.5 The Workers' Compensation policy shall contain a waiver of subrogation
endorsement waiving all rights of subrogation against the County of
Orange, its elected and appointed officials, officers, agents, and employees
or provide blanket coverage, which will state AS REQUIRED BY
WRITTEN CONTRACT.
14.7 All insurance policies required by this Agreement shall waive all rights of
subrogation against the County of Orange, its elected and appointed officials,
officers, agents and employees when acting within the scope of their appointment
or employment.
14.8 CONTRACTOR shall notify COUNTY in writing within thirty (30) days of any
policy cancellation and ten (10) days for non-payment of premium and provide a
copy of the cancellation notice to COUNTY. Failure to provide written notice of
cancellation may constitute a material breach of the contract, upon which the
COUNTY may suspend or terminate this Agreement.
14.9 If CONTRACTOR's Professional Liability and/or Network Security & Privacy
Liability policies are "claims made" policies, CONTRACTOR shall agree to
maintain Professional Liability and/or Network Security & Privacy Liability
coverage for two (2) years following completion of this Agreement.
14.10 The Commercial General Liability policy shall contain a severability of interests
clause also known as a "separation of insureds" clause (standard in the ISO CG
0001 policy).
CEH0921 Page 15 of 39 April 22, 2021
14.11 Insurance certificates should be mailed to COUNTY at the address indicated in
Paragraph 11 of this Agreement.
14.12 If CONTRACTOR fails to provide the insurance certificates and endorsements
within seven (7) days of notification by CEO/County Procurement Office or
ADMINISTRATOR, award may be made to the next qualified proponent.
14.13 COUNTY expressly retains the right to require CONTRACTOR to increase or
decrease insurance of any of the above insurance types throughout the term of this
Agreement, provided that any such increase or decrease shall be mutually agreed
upon by COUNTY AND CONTRACTOR. Any increase or decrease in insurance
will be as deemed by County of Orange Risk Manager as appropriate to adequately
protect COUNTY.
14.14 COUNTY shall notify CONTRACTOR in writing of changes in the insurance
requirements. If CONTRACTOR does not deposit copies of acceptable certificates
of insurance and endorsements with COUNTY incorporating such changes within
thirty (30) days of receipt of such notice, this Agreement may be in breach without
further notice to CONTRACTOR, and COUNTY shall be entitled to all legal
remedies.
14.15 The procuring of such required policy or policies of insurance shall not be construed
to limit CONTRACTOR's liability hereunder nor to fulfill the indemnification
provisions and requirements of this Agreement, nor act in any way to reduce the
policy coverage and limits available from the insurer.
15. NOTIFICATION OF LITIGATION, INCIDENTS, CLAIMS, OR SUITS
CONTRACTOR shall report to COUNTY, in writing within twenty-four (24) hours of
occurrence, the following:
15.1 Any instance in which CONTRACTOR becomes a party to any litigation against
COUNTY, or a party to litigation that may reasonably affect CONTRACTOR's
performance under this Agreement. While CONTRACTOR is required to provide
this information without prompting from COUNTY, any time there is a change to
CONTRACTOR's litigation status, CONTRACTOR must also provide an update
to COUNTY whenever requested by COUNTY.
15.2 Any accident or incident relating to services performed under this Agreement that
CEH0921 Page 16 of 39 April 22, 2021
involves injury or property damage which may result in the filing of a claim or
lawsuit against CONTRACTOR and/or COUNTY.
15.3 Any third party claim or lawsuit filed against CONTRACTOR arising from or
relating to services performed by CONTRACTOR under this Agreement.
15.4 Any injury to an employee of CONTRACTOR that occurs on COUNTY property.
15.5 Any loss, disappearance, destruction, misuse or theft of any kind whatsoever of
COUNTY property, monies or securities entrusted to CONTRACTOR under the
term of this Agreement.
15.6 Any Notice of Contract Breach, or equivalent, received from any entity for whom
CONTRACTOR is providing the same or similar services, under a written
agreement, regardless of service location or jurisdiction.
16. CONFLICT OF INTEREST
16.1 CONTRACTOR shall exercise reasonable care and diligence to prevent any actions
or conditions that could result in a conflict with COUNTY interests. In addition to
the CONTRACTOR, this obligation shall apply to, CONTRACTOR's employees,
agents, and subcontractors associated with the provision of goods and services
provided under this Agreement. The CONTRACTOR's efforts shall include, but
not be limited to, establishing rules and procedures preventing its employees,
agents, and subcontractors from providing or offering gifts, entertainment,
payments, loans, or other considerations which could be deemed to influence or
appear to influence COUNTY staff or elected officers in the performance of their
duties.
16.2 CONTRACTOR shall notify COUNTY, in writing, of any potential conflicts of
interest between CONTRACTOR and COUNTY that may arise prior to, or during
the period of, Agreement performance. While CONTRACTOR will be required to
provide this information without prompting from COUNTY any time there is a
change regarding conflict of interest, CONTRACTOR must also provide an update
to COUNTY whenever requested by COUNTY.
17. ANTI -PROSELYTISM PROVISION
No funds provided directly to institutions or organizations to provide services and
administer programs under Title 42 United States Code (USC) section 604a(a)(1)(A) shall
CEH0921 Page 17 of 39 April 22, 2021
be expended for sectarian worship, instruction, or proselytization, except as otherwise
permitted by law.
18. SUPPLANTING GOVERNMENT FUNDS
CONTRACTOR shall not supplant any federal, State, or COUNTY funds intended for the
purposes of this Agreement with any funds made available under this Agreement.
CONTRACTOR shall not claim reimbursement from COUNTY for, or apply sums
received from COUNTY with respect to, that portion of its obligations which have been
paid by another source of revenue. CONTRACTOR agrees that it shall not use funds
received pursuant to this Agreement, either directly or indirectly, as a contribution or
compensation for purposes of obtaining federal, State, or COUNTY funds under any
federal, State, or COUNTY program without prior written approval of
ADMINISTRATOR.
19. EQUIPMENT
19.1 All items purchased with funds provided under this Agreement, or which are
furnished to CONTRACTOR by COUNTY, which have a single unit cost of at least
five thousand dollars ($5,000), including sales tax, shall be considered Capital
Equipment. Title to all Capital Equipment shall, upon purchase, vest and remain
in COUNTY. The use of such items of Capital Equipment is limited to the
performance of this Agreement. Upon the termination of this Agreement,
CONTRACTOR shall immediately return any items of Capital Equipment to
COUNTY or its representatives, or dispose of them in accordance with the
directions of ADMINISTRATOR.
CONTRACTOR further agrees to the following:
19.1.1 To maintain all items of Capital Equipment in good working order and
condition, normal wear and tear excepted.
19.1.2 To label all items of Capital Equipment, do periodic inventories as required
by ADMINISTRATOR, and to maintain an inventory list showing where
and how the Capital Equipment is being used, in accordance with
procedures developed by ADMINISTRATOR. All such lists shall be
submitted to ADMINISTRATOR within ten (10) days of any request
therefore.
CEH0921 Page 18 of 39 April 22, 2021
19.1.3 To report in writing to ADMINISTRATOR immediately after discovery,
the loss or theft of any items of Capital Equipment. For stolen items, the
local law enforcement agency must be contacted and a copy of the police
report submitted to ADMINISTRATOR.
19.1.4 To purchase a policy or policies of insurance covering loss or damage to
any and all Capital Equipment purchased under this Agreement, in the
amount of the full replacement value thereof, providing protection against
the classification of fire, extended coverage, vandalism, malicious mischief,
and special extended perils (all risks) covering the parties' interests as they
appear.
19.2 The purchase of any Capital Equipment by CONTRACTOR shall be requested in
writing, shall require the prior written approval of ADMINISTRATOR, and shall
fulfill the provisions of this Agreement which are appropriate and directly related
to CONTRACTOR's service or activity under the terms of this Agreement.
COUNTY may refuse reimbursement for any costs resulting from Capital
Equipment purchased which are incurred by CONTRACTOR, if prior written
approval has not been obtained from ADMINISTRATOR.
19.3 Computer Equipment
No computers and/or personal electronic devices, such as tablets and laptop
computers, or any component thereof, may be purchased with funds provided under
this Agreement, regardless of purchase price, without prior written approval of
ADMINISTRATOR. Any such purchase shall be in accordance with specifications
provided by ADMINISTRATOR, be subject to the same inventory control
conditions specified in Subparagraphs 19. 1.1 to 19.1.4, and, at the sole discretion
of ADMINISTRATOR, become the property of COUNTY upon termination of this
Agreement.
20. BREACH SANCTIONS
20.1 Failure by CONTRACTOR to comply with any of the provisions, covenants, or
conditions of this Agreement shall be a material breach of this Agreement. In such
event, ADMINISTRATOR may, and in addition to immediate termination and any
other remedies available at law, in equity, or otherwise specified in this Agreement:
CEH0921 Page 19 of 39 April 22, 2021
20.1.1 Afford CONTRACTOR a time period within which to cure the breach,
which period shall be established by ADMINISTRATOR; and/or
20.1.2 Discontinue reimbursement to CONTRACTOR for and during the period
in which CONTRACTOR is in breach, which reimbursement shall not be
entitled to later recovery; and/or
20.1.3 Offset against any monies billed by CONTRACTOR but yet unpaid by
COUNTY those monies disallowed pursuant to Subparagraph 20.1.2 above.
20.2 ADMINISTRATOR will give CONTRACTOR written notice of any action
pursuant to this Paragraph, which notice shall be deemed served on the date of
mailing.
21. PAYMENTS
21.1 Maximum Contractual Funding Obligation
The maximum funding obligation of COUNTY under this Agreement shall not
exceed the amount of $2,726,408, or actual allowable costs, whichever is less. The
estimated annual amount for each twelve (12) month period is as follows:
21.1.1 $882,455 for July 1, 2021 through June 30, 2022;
21.1.2 $908,665 for July 1, 2022 through June 30, 2023; and
21.1.3 $935,288 for July 1, 2023 through June 30, 2024.
21.2 Allowable Costs
During the term of this Agreement, COUNTY shall pay CONTRACTOR monthly
in arrears, for actual allowable costs incurred and paid by CONTRACTOR pursuant
to this Agreement, as defined in Title 2 CFR Part 200, or as approved by
ADMINISTRATOR. However, COUNTY, at its sole discretion, may pay
CONTRACTOR for anticipated allowable costs that will be incurred by
CONTRACTOR for June 2022, June 2023, and June 2024, during the month of
such anticipated expenditure.
21.3 Claims
21.3.1 CONTRACTOR shall submit monthly claims to be received by
ADMINISTRATOR no later than the twentieth (20th) calendar day of the
month for expenses incurred in the preceding month, except as detailed
below in Subparagraph 21.3.4. In the event the twentieth (20th) calendar
CEH0921 Page 20 of 39 April 22, 2021
day falls on a weekend or COUNTY holiday, CONTRACTOR shall submit
the claim the next business day. COUNTY holidays include New Year's
Day, Martin Luther King Jr. Day, President Lincoln's Birthday, Presidents'
Day, Memorial Day, Independence Day, Labor Day, Columbus Day,
Veterans Day, Thanksgiving Day, Friday after Thanksgiving Day, and
Christmas Day.
21.3.2 All claims must be submitted on a form approved by ADMINISTRATOR.
ADMINISTRATOR may require CONTRACTOR to submit supporting
source documents with the monthly claim, including, inter alia, a monthly
statement of services, general ledgers, supporting journals, time sheets,
invoices, canceled checks, receipts, and receiving records, some of which
may be required to be copied. Source documents that CONTRACTOR
must submit shall be determined by ADMINISTRATOR and/or
COUNTY's Auditor -Controller. CONTRACTOR shall retain all financial
records in accordance with Paragraph 25 of this Agreement.
21.3.3 Payments should be released by COUNTY within a reasonable time period
of approximately thirty (30) days after receipt of a correctly completed
claim form and required supporting documentation.
21.3.4 Year -End and Final Claims
21.3.4.1 CONTRACTOR shall submit a final claim for each COUNTY
fiscal year, July 1 through June 30, covered under the term of
this Agreement, as stated in Paragraph 1, by no later than August
30th of each corresponding COUNTY fiscal year. Claims
received after August 30th of each corresponding COUNTY
fiscal year may, at ADMINISTRATOR's sole discretion, not be
reimbursed. ADMINISTRATOR may modify the date upon
which the final claim per each COUNTY fiscal year must be
received, upon written notice to CONTRACTOR.
21.3.4.2 The basis for final settlement shall be the actual allowable costs
as defined in Title 45 CFR and 2 CFR, Part 200, incurred and
paid by CONTRACTOR pursuant to this Agreement; limited,
CEH0921 Page 21 of 39 April 22, 2021
however, to the maximum funding obligation of COUNTY. In
the event that any overpayment has been made, COUNTY may
offset the amount of the overpayment against the final payment.
In the event overpayment exceeds the final payment,
CONTRACTOR shall pay COUNTY all such sums within five
(5) business days of notice from COUNTY. Nothing herein
shall be construed as limiting the remedies of COUNTY in the
event an overpayment has been made.
22. OVERPAYMENTS
Any payment(s) made by COUNTY to CONTRACTOR in excess of that to which
CONTRACTOR is entitled under this Agreement shall be repaid to COUNTY, in
accordance with any applicable regulations and/or policies in effect during the term of this
Agreement, or as established by COUNTY procedure. Any overpayments made by
COUNTY which result from a payment by any other funding source shall be repaid, at the
discretion of ADMINISTRATOR, to COUNTY or the funding source. Unless earlier
repaid, CONTRACTOR shall make repayment within thirty (30) days after the date of the
final audit findings report and prior to any administrative appeal process. In the event an
overpayment owing by CONTRACTOR is collected from COUNTY by the funding
source, then CONTRACTOR shall reimburse COUNTY within thirty (30) days thereafter
and prior to any administrative appeal process. CONTRACTOR agrees to pay all costs
incurred by COUNTY necessary to enforce the provisions set forth in this Paragraph.
23. OUTSTANDING DEBT
CONTRACTOR shall have no outstanding debt with COUNTY, or shall be in the process
of resolving outstanding debt to ADMINISTRATOR's satisfaction, prior to entering into
and during the term of this Agreement.
24. FINAL REPORT
CONTRACTOR shall complete and submit to ADMINISTRATOR a final report within
sixty (60) days after the termination of this Agreement, which shall summarize the
activities and services provided by CONTRACTOR during the term of this Agreement.
CONTRACTOR and ADMINISTRATOR may mutually agree to modify the date upon
which the final report must be submitted. Any agreement must be in writing.
CEH0921 Page 22 of 39 April 22, 2021
25. RECORDS. INSPECTIONS. AND AUDITS
25.1 Financial Records
25. 1.1 CONTRACTOR shall prepare and maintain accurate and complete
financial records. Financial records shall be retained by CONTRACTOR
for a minimum of five (5) years from the date of final payment under this
Agreement, or until all pending COUNTY, State, and federal audits are
completed, whichever is later.
25.1.2 CONTRACTOR shall establish and maintain reasonable accounting,
internal control, and financial reporting standards in conformity with
generally accepted accounting principles established by the American
Institute of Certified Public Accountants and to the satisfaction of
ADMINISTRATOR.
25.2 Client Records
25.2.1 CONTRACTOR shall prepare and maintain accurate and complete records
of clients served and dates and type of services provided under the terms of
this Agreement in a form acceptable to ADMINISTRATOR.
25.2.2 CONTRACTOR shall keep all COUNTY data provided to CONTRACTOR
during the term(s) of this Agreement for a minimum of five (5) years from
the date of final payment under this Agreement, or until all pending
COUNTY, State, and federal audits are completed, whichever is later.
These records shall be stored in Orange County, unless CONTRACTOR
requests and COUNTY provides written approval for the right to store the
records in another county. Notwithstanding anything to the contrary, upon
termination of this Agreement, CONTRACTOR shall relinquish control
with respect to COUNTY data to COUNTY in accordance with
Subparagraph 41.2.
25.2.3 COUNTY may refuse payment for a claim if client records are determined
by COUNTY to be incomplete or inaccurate. In the event client records are
determined to be incomplete or inaccurate after payment has been made,
COUNTY shall give written notice to CONTRACTOR specifying the
deficiencies, and CONTRACTOR shall have a period of thirty (30) days
CEH0921 Page 23 of 39 April 22, 2021
thereafter to cure such deficiencies. If CONTRACTOR fails to cure such
deficiencies within the foregoing thirty (30) -day period, COUNTY may
treat such payment as an overpayment within the provisions of this
Agreement.
25.3 Public Records
To the extent permissible under the law, all records, including, but not limited to,
reports, audits, notices, claims, statements, and correspondence, required by this
Agreement, may be subject to public disclosure. COUNTY will not be liable for
any such disclosure.
25.4 Inspections and Audits
25.4.1 The U.S. Department of Health and Human Services, Comptroller General
of the United States, Director of CDSS, State Auditor -General,
ADMINISTRATOR, COUNTY's Auditor -Controller and Internal Audit
Department, or any of their authorized representatives, shall have access to
any books, documents, papers, and records, including medical records, of
CONTRACTOR which any of them may determine to be pertinent to this
Agreement. Further, all the above mentioned persons have the right at all
reasonable times to inspect or otherwise evaluate the work performed or
being performed under this Agreement and the premises in which it is being
performed.
25.4.2 CONTRACTOR shall make its books and records available within the
borders of Orange County within ten (10) days of receipt of written demand
by ADMINISTRATOR.
25.4.3 In the event CONTRACTOR does not make available its books and
financial records within the borders of Orange County, CONTRACTOR
agrees to pay all necessary and reasonable expenses incurred by COUNTY,
or COUNTY's designee, necessary to obtain CONTRACTOR's books and
records.
25.4.4 CONTRACTOR shall pay to COUNTY the full amount of COUNTY's
liability to the State or Federal Government or any agency thereof resulting
from any disallowances or other audit exceptions to the extent that such
CEH0921 Page 24 of 39 April 22, 2021
liability is attributable to CONTRACTOR's failure to perform under this
Agreement.
26. PERSONNEL DISCLOSURE
26.1 This Paragraph 26 applies to all of CONTRACTOR's personnel providing services
through this Agreement, paid and unpaid, including those identified in Paragraph
12 of Exhibit A (hereinafter referred to as "Personnel").
26.2 CONTRACTOR shall make available to ADMINISTRATOR a current list of all
Personnel providing services hereunder, including r6sum6s and job applications.
Changes to the list will be immediately provided to ADMINISTRATOR, in
writing, along with a copy of a r6sum6 and/or job application. The list shall include:
26.2.1 Names of all Personnel by title, whose direct services are required to
provide the programs described herein;
26.2.2 A brief description of the functions of each position and the hours each
person works each week, or for part-time Personnel, each day or month, as
appropriate;
26.2.3 The professional degree, if applicable, and experience required for each
position; and
26.2.4 The language skill, if applicable, for all Personnel.
26.3 Where authorized by law, and in a manner consistent with CGC section 12952,
CONTRACTOR shall require prospective Personnel to provide detailed
information regarding the conviction of a crime, by any court, for offenses other
than minor traffic offenses. Information discovered subsequent to the hiring or
promotion of any prospective Personnel shall be cause for termination from the
performance of services under this Agreement.
26.4 Where authorized by law, CONTRACTOR shall conduct, at no cost to COUNTY,
a clearance on the following public websites of the names and dates of birth for all
Personnel who will have direct, interactive contact with clients served through this
Agreement: U.S. Department of Justice National Sex Offender Website
(www.nsopw.gov) and Megan's Law Sex Offender Registry
(www.meganslaw. ca.gov).
26.5 Where authorized by law, CONTRACTOR shall conduct, at no cost to COUNTY,
CEH0921 Page 25 of 39 April 22, 2021
a criminal record background check on all Personnel who will have direct,
interactive contact with clients served through this Agreement. Background checks
conducted through the California Department of Justice shall include a check of the
California Central Child Abuse Index, when applicable. Candidates will satisfy
background checks consistent with this Paragraph and their performance of services
under this Agreement.
26.6 CONTRACTOR shall ensure that clearances and background checks described in
Subparagraphs 26.4 and 26.5 are completed prior to CONTRACTOR's Personnel
providing services under this Agreement.
26.7 In the event a record is revealed through the processes described in Subparagraphs
26.4 and 26.5, COUNTY will be available to consult with CONTRACTOR on
appropriateness of Personnel providing services through this Agreement.
26.8 CONTRACTOR attests that all Personnel assigned by CONTRACTOR to provide
services under this Agreement have satisfactory past work records and/or reference
checks indicating their ability to perform the required duties and accept the kind of
responsibility anticipated under this Agreement. CONTRACTOR shall maintain
records of background investigations and reference checks undertaken and
coordinated by CONTRACTOR for Personnel assigned to provide services under
this Agreement, for a minimum of five (5) years from the date of final payment
under this Agreement, or until all pending COUNTY, State, and federal audits are
completed, whichever is later, in compliance with all applicable laws.
26.9 CONTRACTOR shall immediately notify ADMINISTRATOR concerning the
arrest and/or subsequent conviction, for offenses, other than minor traffic offenses,
of any Personnel performing services under this Agreement, when such information
becomes known to CONTRACTOR. ADMINISTRATOR may determine whether
such Personnel may continue to provide services under this Agreement and shall
provide notice of such determination to CONTRACTOR in writing.
CONTRACTOR's failure to comply with ADMINISTRATOR's decision shall be
deemed a material breach of this Agreement, pursuant to Paragraph 20 above.
26.10 COUNTY has the right to approve or disapprove all of CONTRACTOR's
Personnel performing work hereunder, and any proposed changes in
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CONTRACTOR's Personnel.
26.11 COUNTY shall have the right to require CONTRACTOR to remove any Personnel
from the performance of services under this Agreement. At the request of
COUNTY, CONTRACTOR shall immediately replace said Personnel.
26.12 CONTRACTOR shall notify COUNTY immediately when Personnel is terminated
for cause from working on this Agreement.
26.13 Disqualification, if any, of CONTRACTOR Personnel, pursuant to this Paragraph
26 shall not relieve CONTRACTOR of its obligation to complete all work in
accordance with the terms and conditions of this Agreement.
27. EMPLOYMENT ELIGIBILITY VERIFICATION
As applicable, CONTRACTOR attests that it fully complies with all federal and State
statutes and regulations regarding the employment of aliens and others, and that all its
employees performing work under this Agreement meet the citizenship or alien status
requirement set forth in federal statutes and regulations. CONTRACTOR shall obtain,
from all employees performing work hereunder, all verification and other documentation
of employment eligibility status required by federal or State statutes and regulations
including, but not limited to, the Immigration Reform and Control Act of 1986, Title 8
USC section 1324 et seq., as they currently exist and as they may be hereafter amended.
CONTRACTOR shall retain all such documentation for all covered employees for the
period prescribed by the law. CONTRACTOR shall indemnify, defend with counsel
approved in writing by COUNTY, and hold harmless, COUNTY, and its agents, officers
and employees from employer sanctions and any other liability which may be assessed
against CONTRACTOR or COUNTY or both in connection with any alleged violation of
any federal or State statutes or regulations pertaining to the eligibility for employment of
any persons performing work under this Agreement but only in proportion to, and to the
extent that, such claim, demand, or liability was caused by the acts or omissions of
CONTRACTOR, its officers, agents, or employees.
28. CHILD AND DEPENDENT ADULT/ELDER ABUSE REPORTING
CONTRACTOR shall establish a procedure acceptable to ADMINISTRATOR to ensure
that all employees, agents, subcontractors, and all other individuals performing services
under this Agreement report child abuse or neglect to one of the agencies specified in Penal
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Code section 11165.9 and dependent adult or elder abuse as defined in section 15610.07
of the WIC to one of the agencies specified in WIC section 15630. CONTRACTOR shall
require such employees, agents, subcontractors, and all other individuals performing
services under this Agreement to sign a statement acknowledging the child abuse reporting
requirements set forth in sections 11166 and 11166.05 of the Penal Code and the dependent
adult and elder abuse reporting requirements, as set forth in section 15630 of the WIC, and
shall comply with the provisions of these code sections, as they now exist or as they may
hereafter be amended.
29. NOTICE TO EMPLOYEES REGARDING THE SAFELY SURRENDERED BABY
LAW
CONTRACTOR shall notify and provide to its employees, a fact sheet regarding the Safely
Surrendered Baby Law, its implementation in Orange County, and where and how to safely
surrender a baby. The fact sheet is available on the Internet at www.babysafe.ca.gov for
printing purposes. The information shall be posted in all reception areas where clients are
served.
30. CONFIDENTIALITY
30.1 CONTRACTOR agrees to maintain the confidentiality of its records pursuant to
WIC sections 362.5, 827, and 10850-10853, the CDSS MPP, Division 19-000, and
all other provisions of law, and regulations promulgated thereunder relating to
privacy and confidentiality, as each may now exist or be hereafter amended.
30.2 All records and information concerning any and all persons referred to
CONTRACTOR by COUNTY or COUNTY's designee shall be considered and
kept confidential by CONTRACTOR and CONTRACTOR's employees, agents,
subcontractors, and all other individuals performing services under this Agreement.
CONTRACTOR shall require all of its employees, agents, subcontractors, and all
other individuals performing services under this Agreement to sign an agreement
with CONTRACTOR before commencing the provision of any such services,
agreeing to maintain confidentiality pursuant to State and federal law and the terms
of this Agreement.
30.3 CONTRACTOR shall inform all of its employees, agents, subcontractors, and all
other individuals performing services under this Agreement of this provision and
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that any person violating the provisions of said California state law may be guilty
of a crime.
30.4 CONTRACTOR agrees that any and all subcontracts entered into shall be subject
to the confidentiality requirements of this Agreement.
30.5 CONTRACTOR agrees to maintain the confidentiality of its records with respect
to Juvenile Court matters, in accordance with WIC section 827, all applicable
statutes, caselaw, and Orange County Juvenile Court Policy regarding
Confidentiality, as it now exists or may hereafter be amended.
30.5.1 No access, disclosure, or release of information regarding a child who is the
subject of Juvenile Court proceedings shall be permitted except as
authorized. If authorization is in doubt, no such information shall be
released without the written approval of a Judge of the Juvenile Court.
30.5.2 CONTRACTOR must receive prior written approval of the Juvenile Court
before allowing any child to be interviewed, photographed, or recorded by
any publication or organization, or to appear on any radio, television, or
internet broadcast or make any other public appearance. Such approval
shall be requested through child's social worker.
31. SECURITY
31.1 Security Requirements
31.1.1 CONTRACTOR agrees to maintain the confidentiality of all COUNTY and
COUNTY -related records and information pursuant to all statutory laws
relating to privacy and confidentiality that currently exists or exists at any
time during the term of this Agreement. CONTRACTOR represents and
attests that it has implemented and will maintain during the term of this
Agreement administrative, physical, and technical safeguards to reasonably
protect private and confidential client information, to protect against
anticipated threats to the security or integrity of COUNTY data, and to
protect against unauthorized physical or electronic access to or use of
COUNTY data. Such safeguards and controls shall include at a minimum:
31.1.1.1 Storage of confidential paper files that ensures records are
secured, handled, transported, and destroyed in a manner that
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prevents unauthorized access.
31.1.1.2 Control of access to physical and electronic records to ensure
COUNTY data is accessed only by individuals with a need to
know for the delivery of contract services.
31.1.1.3 Control to prevent unauthorized access and to prevent
CONTRACTOR employees from providing COUNTY data to
unauthorized individuals.
3 l .1.1.4 Firewall protection.
31.1.1.5 Use of encryption methods of electronic COUNTY data while
in transit from CONTRACTOR networks to external networks,
when applicable.
31.1.1.6 Measures to securely store all COUNTY data, including, but not
be limited to, encryption at rest and multiple levels of
authentication and measures to ensure COUNTY data shall not
be altered or corrupted without COUNTY's prior written
consent. CONTRACTOR further represents and attests that it
has implemented and will maintain during the term of this
Agreement administrative, technical, and physical safeguards
and controls consistent with State and federal security
requirements.
31.2 Security Breach Notification
31.2.1 CONTRACTOR shall have policies and procedures in place for the
effective management of Security Breaches, as defined below. In the event
of any actual, attempted, suspected, threatened, or reasonably foreseeable
circumstance CONTRACTOR experiences or learns of that either
compromises or could reasonably be expected to comprise COUNTY data
through unauthorized use, disclosure, or acquisition of COUNTY data
("Security Breach"), CONTRACTOR shall immediately notify COUNTY
of its discovery. After such notification, CONTRACTOR shall, at its own
expense, immediately:
31.2.1.1 Investigate to determine the nature and extent of the Security
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Breach.
31.2.1.2 Contain the incident by taking necessary action, including, but
not limited to, attempting to recover records, revoking access,
and/or correcting weaknesses in security.
31.2.1.3 Report to COUNTY the nature of the Security Breach, the
COUNTY data used or disclosed, the person who made the
unauthorized use or received the unauthorized disclosure, what
CONTRACTOR has done or will do to mitigate any harmful
effect of the unauthorized use or disclosure, and the corrective
action CONTRACTOR has taken or will take to prevent future
similar unauthorized use or disclosure.
31.2.2 The COUNTY, at its sole discretion and on a case-by-case basis, will
determine what actions are necessary in response to the Security Breach and
who will perform these actions. Actions may include, but are not limited to:
notifications; investigation and remediation costs, including notification of
all whose personal information was disclosed; outside investigation;
forensics; counsel; crisis management; and credit monitoring. In the event
COUNTY determines CONTRACTOR will conduct additional action(s),
CONTRACTOR shall bear the costs. In the event COUNTY conducts
additional actions(s) arising out of or in connection with a Security Breach,
CONTRACTOR shall reimburse COUNTY for costs associated to legally
required actions.
32. COPYRIGHT ACCESS
The U.S. Department of Health and Human Services, the CDSS, and COUNTY will have
a royalty -free, nonexclusive, and irrevocable license to publish, translate, or use, now and
hereafter, all material developed under this Agreement, including those covered by
copyright.
33. WAIVER
No delay or omission by either party hereto to exercise any right or power accruing upon
any noncompliance or default by the other party with respect to any of the terms of this
Agreement shall impair any such right or power or be construed to be a waiver thereof. A
CEH0921 Page 31 of 39 April 22, 2021
waiver by either of the parties hereto of any of the covenants, conditions, or agreements to
be performed by the other shall not be construed to be a waiver of any succeeding breach
thereof, or of any other covenant, condition, or agreement herein contained.
34. SERVICES DURING EMERGENCY AND/OR DISASTER
34.1 CONTRACTOR acknowledges that service usage may surge during or after an
emergency or disaster. For purposes of this Agreement, an emergency is defined
as a sudden, urgent, usually unexpected occurrence or event requiring immediate
action to protect the health and well-being of COUNTY residents. A disaster is
defined as an occurrence that has resulted in property damage, deaths, and/or
injuries to a community. Emergencies and/or disasters as described above may
require resources or support beyond the local government's capability and will
typically involve a proclamation of a local emergency by the local governing body
(e.g., city council, county board of supervisors, or state) and may be declared at the
federal level by the President of the United States.
34.2 CONTRACTOR agrees to collaborate with COUNTY, on an urgent basis, to adjust
service delivery in a manner that assists COUNTY in meeting the needs of clients
COUNTY identifies as being impacted by emergencies and/or disasters. Time
limited adjustments may include, but are not limited to: providing services at
different location(s), assigning staff to work days or hours beyond typical work
schedules or that may exceed contracted Full Time Equivalents (FTEs), reassigning
staff to an assignment in which their experience or skill is needed, and prioritizing
services for staff as requested by COUNTY.
34.3 CONTRACTOR shall service COUNTY during emergencies and/or declared
disaster under the same terms and conditions that apply during non-
emergency/disaster conditions. With the exception of overtime hours which
require pre -authorization, reimbursement of ordinary expenditures provided during
or after an emergency/disaster shall be calculated by the same rates that apply
during non-emergency/disaster conditions.
35. PUBLICITY, LITERATURE, ADVERTISEMENTS AND SOCIAL MEDIA
35.1 COUNTY owns all rights to the name, logos, and symbols of COUNTY. The use
and/or reproduction of COUNTY's name, logos, or symbols for any purpose,
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including commercial advertisement, promotional purposes, announcements,
displays, or press releases, without COUNTY's prior written consent is expressly
prohibited.
35.2 CONTRACTOR may develop and publish information related to this Agreement
where all of the following conditions are satisfied:
35.2.1 ADMINISTRATOR provides its written approval of the content and
publication of the information at least thirty (30) days prior to
CONTRACTOR publishing the information, unless a different timeframe
for approval is agreed upon by the ADMINISTRATOR;
35.2.2 Unless directed otherwise by ADMINISTRATOR, the information includes
a statement that the program, wholly or in part, is funded through County,
State, and Federal Government funds;
35.2.3 The information does not give the appearance that the COUNTY, its
officers, employees, or agencies endorse:
35.2.3.1 Any commercial product or service; and
35.2.3.2 Any product or service provided by CONTRACTOR, unless
approved in writing by ADMINISTRATOR; and
35.2.4 If CONTRACTOR uses social media (such as Facebook, Twitter, YouTube,
or other publicly available social media sites) to publish information related
to this Agreement, CONTRACTOR shall develop social media policies and
procedures and have them available to the ADMINISTRATOR.
CONTRACTOR shall comply with COUNTY Social Media Use Policy and
Procedures as they pertain to any social media developed in support of the
services described within this Agreement. The policy is available on the
Internet at http://www.ocgov.com/gov/ceo/cio/goypolicies.
36. REPORTS
36.1 CONTRACTOR shall provide information deemed necessary by
ADMINISTRATOR to complete any State -required reports related to the services
provided under this Agreement.
36.2 CONTRACTOR shall maintain records and submit reports containing such data
and information regarding the performance of CONTRACTOR's services, costs,
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or other data relating to this Agreement, as may be requested by
ADMINISTRATOR, upon a form approved by ADMINISTRATOR.
ADMINISTRATOR may modify the provisions of this Paragraph upon written
notice to CONTRACTOR.
37. ENERGY EFFICIENCY STANDARDS
As applicable, CONTRACTOR shall comply with the mandatory standards and policies
relating to energy efficiency in the State Energy Conservation Plan (Title 24, CCR).
38. ENVIRONMENTAL PROTECTION STANDARDS
CONTRACTOR shall be in compliance with the Clean Air Act [Title 42 USC section 7401
et seq.], the Clean Water Act (Title 33 USC section 1251 et seq.), Executive Order 11738
and Environmental Protection Agency, hereinafter referred to as "EPA," regulations (Title
40 CFR), as any may now exist or be hereafter amended. Under these laws and regulations,
CONTRACTOR assures that:
38.1 No facility to be utilized in the performance of the proposed grant has been listed
on the EPA List of Violating Facilities;
38.2 It will notify COUNTY prior to award of the receipt of any communication from
the Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be
utilized for the grant is under consideration to be listed on the EPA List of Violating
Facilities; and
3 8.3 It will notify COUNTY and EPA about any known violation of the above laws and
regulations.
39. CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE
CERTAIN FEDERAL TRANSACTIONS
39.1 CONTRACTOR shall be in compliance with section 319 of Public Law 101-121
pursuant to section 1352, Title 31, U.S. Code. Under these laws and regulations, it
is mutually understood that any contract which utilizes federal monies in excess of
$100,000 must contain and CONTRACTOR must certify compliance utilizing a
form provided by ADMINISTRATOR that includes the text below in
Subparagraphs 39.1.1 - 39.1.1.4
39.1.1 The undersigned certifies to the best of his or her knowledge and belief that:
39.1.1.1 No federal appropriated funds have been paid or will be paid, by
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or on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of an agency, a
Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal
grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract,
grant, loan or cooperative agreement.
39.1.1.2 If any funds other than federal appropriated funds have been
paid or will be paid to any person for influencing or attempting
to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this Agreement,
grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form -LLL "Disclosure Form to
Report Lobbying," in accordance with its instructions.
39.1.1.3 The undersigned shall require that the language of this
certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and
contracts under grants loans and cooperative agreements) and
that subrecipients shall certify and disclose accordingly.
39.1.1.4 This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered
into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by section 1352, Title
31 U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
40. POLITICAL ACTIVITY
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CONTRACTOR agrees that the funds provided herein shall not be used to promote,
directly or indirectly, any political party, political candidate, or political activity, except as
permitted by law.
41. TERMINATION PROVISIONS
41.1 Either parry may terminate this Agreement without penalty, immediately with
cause or after thirty (30) days written notice without cause, unless otherwise
specified. Notice shall be deemed served on the date of mailing. Cause shall
include, but not be limited, to any breach of contract, any partial misrepresentation
whether negligent or willful, fraud on the part of a parry, discontinuance of the
services for reasons within CONTRACTOR's reasonable control, and repeated or
continued violations of COUNTY ordinances unrelated to performance under this
Agreement that, in the reasonable opinion of COUNTY, indicate a willful or
reckless disregard for COUNTY laws and regulations. Exercise by
ADMINISTRATOR of the right to terminate this Agreement shall relieve
COUNTY of all further obligations under this Agreement.
41.2 For ninety (90) calendar days prior to the expiration date of this Agreement, or upon
notice of termination of this Agreement ("Transition Period"), CONTRACTOR
agrees to cooperate with ADMINISTRATOR in the orderly transfer of service
responsibilities, case records, and pertinent documents. The Transition Period may
be modified as agreed upon in writing by the parties. During the Transition Period,
service and data access shall continue to be made available to COUNTY without
alteration. CONTRACTOR also shall assist COUNTY in extracting and/or
transitioning all data in the format determined by COUNTY.
41.3 In the event of termination of this Agreement, cessation of business by
CONTRACTOR, or any other event preventing CONTRACTOR from continuing
to provide services, CONTRACTOR shall not withhold the COUNTY data or
refuse for any reason, to promptly provide to COUNTY the COUNTY data if
requested to do so on such media as reasonably requested by COUNTY, even if
COUNTY is then or is alleged to be in breach of this Agreement.
41.4 The obligations of COUNTY under this Agreement are contingent upon the
availability of federal and/or State funds, as applicable, for the reimbursement of
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CONTRACTOR's expenditures, and inclusion of sufficient funds for the services
hereunder in the budget approved by the Orange County Board of Supervisors each
fiscal year this Agreement remains in effect or operation. In the event that such
funding is terminated or reduced, ADMINISTRATOR may immediately terminate
this Agreement, reduce COUNTY's maximum funding obligation, or modify this
Agreement, without penalty. The decision of ADMINISTRATOR shall be binding
on CONTRACTOR. ADMINISTRATOR will provide CONTRACTOR with
written notification of such determination. CONTRACTOR shall immediately
comply with ADMINISTRATOR's decision; provided, however, that
CONTRACTOR may terminate this Agreement upon written notice to COUNTY
if COUNTY determines to reduce the COUNTY's maximum obligation or modify
this Agreement.
41.5 If any term, covenant, condition, or provision of this Agreement or the application
thereof is held invalid, void, or unenforceable, the remainder of the provisions in
this Agreement shall remain in full force and effect and shall in no way be affected,
impaired, or invalidated thereby.
42. GOVERNING LAW AND VENUE
This Agreement has been negotiated and executed in the State of California and shall be
governed by and construed under the laws of the State of California, without reference to
conflict of law provisions. In the event of any legal action to enforce or interpret this
Agreement, the sole and exclusive venue shall be a court of competent jurisdiction located
in Orange County, California, and the parties hereto agree to and do hereby submit to the
jurisdiction of such court, notwithstanding Code of Civil Procedure section 394.
Furthermore, the parties specifically agree to waive any and all rights to request that an
action be transferred for trial to another county.
43. THE REGENTS
COUNTY acknowledges that the Regents of the University of California ("The Regents")
has entered into this Agreement solely on behalf of and with respect to the University of
California, Irvine School of Medicine, and not on behalf of or with respect to any other
division, business or operating unit, enterprise, facility, group, plan, or program that is or
may be owned, controlled, governed, or operated by, or affiliated with, The Regents,
CEH0921 Page 37 of 39 April 22, 2021
including, without limitation, any other university, campus, health system, medical center,
hospital, clinic, medical group, physician, or health or medical plan or program
(collectively, the "Excluded UC Affiliates"). In light of the foregoing, COUNTY further
acknowledges and agrees that, notwithstanding any other provision contained in this
Agreement:
(a) All obligations of The Regents under this Agreement shall be limited to The
Regents as when acting solely on behalf of or with respect to the University of
California, Irvine School of Medicine, and shall in no way obligate, be binding on
or restrict the business or operating activities of any of the Excluded UC Affiliates;
(b) None of the Excluded UC Affiliates shall constitute or be deemed to constitute
and affiliate of The Regents or the University of California, Irvine School of
Medicine for any purpose under this Agreement; and
(c) The University of California, Irvine School of Medicine, through The Regents
or otherwise, shall have the right to participate in, provide services under, contract
as part of, and otherwise be involved in the management or operation of, any health
or medical insurance or benefit plan, program, service or product that is sponsored
or offered in whole or in part by The Regents on a system -wide basis.
44. SIGNATURE IN COUNTERPARTS
44.1 The parties agree that separate copies of this Agreement may be signed by each of
the parties, and this Agreement will have the same force and effect as if the original
had been signed by all the parties.
44.2 CONTRACTOR represents and attests that the person executing this Agreement on
behalf of and for CONTRACTOR is an authorized agent who has actual authority
to bind CONTRACTOR to each and every term, condition and obligation of this
Agreement and that all requirements of CONTRACTOR have been fulfilled to
provide such actual authority.
CEH0921 Page 38 of 39 April 22, 2021
WHEREFORE, the parties hereto have executed this Agreement in the County of Orange,
California.
CHAD LEFTERIS
CHIEF EXECUTIVE OFFICER
UC IRVINE HEALTH,
THE REGENTS OF THE UNIVERSITY
OF CALIFORNIA, AS DESCRIBED IN
ARTICLE IX, SECTION 9, OF THE
CALIFORNIA CONSTITUTION
ON BEHALF OF UNIVERSITY OF
IRVINE, SCHOOL OF MEDICINE
DEPARTMENT OF PEDIATRICS
Dated:
CHAIRMAN
OF THE BOARD OF SUPERVISORS
COUNTY OF ORANGE, CALIFORNIA
Dated:
SIGNED AND CERTIFIED THAT A COPY OF THIS
AGREEMENT HAS BEEN DELIVERED TO THE CHAIR
OF THE BOARD PER G.C. SEC. 25103, RESO 79-1535
ATTEST:
ROBIN STIELER
Clerk of the Board
Orange County, California
APPROVED AS TO FORM
COUNTY COUNSEL
COUNTY OF ORANGE, CALIFORNIA
DEPUTY
Dated:
CEH0921 Page 39 of 39 April 22, 2021
EXHIBIT A
TO
AGREEMENT
BETWEEN
COUNTY OF ORANGE
AND
THE REGENTS OF THE UNIVERSITY OF CALIFORNIA,
AS DESCRIBED IN ARTICLE IX, SECTION 9, OF THE CALIFORNIA CONSTITUTION,
ON BEHALF OF THE UNIVERSITY OF CALIFORNIA, IRVINE,
SCHOOL OF MEDICINE, DEPARTMENT OF PEDIATRICS
FOR THE PROVISION OF CHILD ABUSE MEDICAL SERVICES
1. POPULATION TO BE SERVED
1.1 CONTRACTOR shall provide Child Abuse Medical Services to individuals with
abuse or neglect issues. Individuals shall hereinafter be referred to as
"PATIENTS." PATIENTS include, but are not limited to, the following:
1.1.1 Children ages birth to eighteen (0-18) years, who have been referred by
Social Services Agency (SSA) Children and Family Services (CFS),
medical providers, law enforcement, or Juvenile Court; and
1.1.2 Developmentally delayed and/or disabled adults ages eighteen (18) years
and older, who cannot be adequately served by adult programs due to their
special needs and have been referred by law enforcement or Adult
Protective Services (APS).
2. DEFINITIONS
2.1 Child Abuse Services Team (CAST): A multidisciplinary program established in
1989 that enables social services, law enforcement, deputy district attorneys,
medical providers, and therapists to collaborate on child abuse investigations.
2.2 CAST Case Review Meeting: A meeting comprised of CAST partners, who meet
a minimum of one (1) time per month to review CAST services cases received.
2.3 CAST Medical Services: The medical component of CAST which includes
medical evaluations and forensic medical exams conducted when investigations
CEH0921 Page 1 of 17 April 22, 2021
involve suspected child abuse or neglect and are intended specifically to support
child sexual abuse evaluations.
2.4 CAST Policy Board Meeting: A meeting comprised of County of Orange Agency
Directors and CAST representatives to address policy issues that impact upon the
CAST program.
2.5 Child Protection Team Meeting: A meeting consisting of representatives from
SSA, Pediatric Services, the District Attorney's Office, law enforcement agencies,
behavioral health personnel, and community agencies to review and coordinate
critical cases.
2.6 Orange County Child Death Review Team: A team established to provide a forum
for multi -disciplinary review of child deaths reported to the Coroner with a focus
on ensuring the quality of the multi -agency response to child deaths through
increased communication, collaboration, and education.
2.7 Suspected Child Abuse and Neglect Team: A multidisciplinary team that works to
identify and educate community partners on best practices for child abuse
assessment, diagnosis, and referral.
2.8 Consultation Services: Consultation and medical evaluation services provided
primarily telephonically to SSA's social workers and CAST. These services may
also be provided in person or via email.
2.9 Working to End Child Abuse and Neglect (WE CAN) Coalition: A collaboration
of more than one hundred (100) programs and departments, both public and private,
that work together to collectively address the intersecting needs of children,
families, and communities touched by child abuse and/or neglect.
3. HOURS OF OPERATION
3.1 CONTRACTOR shall provide services during hours that are responsive to the
needs of the target population(s) as determined by ADMINISTRATOR. At a
minimum, CONTRACTOR shall provide the following positions and hours per
week, as prioritized and directed by ADMINISTRATOR:
3.1.1 CAST Medical Services
3.1.1.1 Nurse Practitioner, Licensed Vocational Nurse (LVN), and
Office Manager shall each provide services at CAST Medical
CEH0921 Page 2 of 19 April 22, 2021
Facility an average of forty (40) hours per week; and
3.1.1.2 Physician #I shall provide administrative oversight and medical
services an average of twelve (12) hours per week.
3.1.2 Consultation Services
3.1.2.1 Physician #II shall provide services an average of twenty (20)
hours per week, Monday through Friday afternoons, with a
maximum of one thousand forty (1,040) annual hours during the
term of this agreement.
3.1.2.2 Physician #II shall provide on-call consultation services an
average of ten (10) hours per week, Monday through Friday,
Saturdays, and Sundays, including evening hours, with a
maximum of five hundred twenty (520) annual hours during the
term of this agreement. CONTRACTOR will make monthly
schedule and deliver to ADMINISTRATOR for approval.
4. CAST MEDICAL SERVICES
4.1 Medical Evaluations
CONTRACTOR shall:
4.1.1 Coordinate all medical encounters and examinations required at the CAST
Medical Facility (onsite or offsite).
4.1.2 Perform onsite abuse or neglect medical, forensic, and as appropriate,
follow-up examinations.
4.1.3 Provide physician oversight, supervision, and training of medical staff.
4.1.4 Document services and activities in a manner that allows information to be
effectively and accurately retrieved and presented to the Courts, CAST
collaborators, or the community.
4.1.5 Ensure medical records produced by CAST Medical Facility of child abuse
and neglect cases are made available to ADMINISTRATOR, as needed.
4.1.6 Ensure a secure chain -of -custody for case records and potential evidence.
4.1.7 Provide expert testimony in criminal and juvenile court proceedings.
4.1.8 Be responsible for the Medical Evaluation services component at the CAST
Medical Facility.
CEH0921 Page 3 of 19 April 22, 2021
4.1.9 Participate in peer review activities, CAST Policy Board, and operational
meetings.
4.2 Consultations
4.2.1 Provide Consultations services to SSA, District Attorney's Office, Sheriff -
Coroner, law enforcement agencies, and County Counsel on reported abuse
or neglect cases. Services may include, but are not limited to, the following:
4.2.1.1 Review of medical records and/or photographs;
4.2.1.2 Evaluation of diagnostic tests;
4.2.1.3 Conferring with social workers, caregivers, CAST, and/or other
medical child protective team professionals (e.g., District
Attorney's Office staff, law enforcement agency staff, etc.);
4.2.1.4 Recommending follow up; and
4.2.1.5 Rendering medical opinion.
4.2.2 Provide consultations to medical staff in support of the accurate diagnosis
of abuse or neglect including, but not limited to, discussion of cases with
collateral personnel (i.e., anyone involved in the case in a professional
capacity including social worker and witness) and review of PATIENTS'
medical records.
4.2.3 Participate in pre- and post -interview debriefings with interview observers
comprised of law enforcement, medical providers, SSA staff, deputy district
attorneys, volunteer advocates, and mental health providers.
4.2.4 Refer PATIENTS to services such as therapy, dental, subspecialties, and/or
other programs or providers deemed necessary.
4.3 Trainings
4.3.1 Provide trainings and presentations on the risks and signs of abuse or
neglect to various groups including, but not limited to, the following:
4.3.1.1 Healthcare workers, including Public Health Nurses (PHN), first
responders, and the general medical community;
4.3.1.2 Medical students and residents;
4.3.1.3 CAST participants such as law enforcement officers, social
workers, volunteer advocates, deputy district attorneys, victim-
CEH0921 Page 4 of 19 April 22, 2021
witness staff, and therapists;
4.3.1.4 Mandated reporters, civic organizations, and the general public;
and
4.3.1.5 Educational institutions, colleges, universities; and at
workshops, and conferences.
4.4 Medical Billing
4.4.1 Invoice law enforcement agencies (e.g., police departments) for forensic
sexual exams authorized by said law enforcement agencies and invoice
other entities (e.g., health insurance) for non -forensic services, when
applicable. CONTRACTOR shall seek reimbursements from applicable
alternative resources for all reimbursable services prior to invoicing
ADMINISTRATOR.
5. CONSULTATION SERVICES
5.1 Consultations
CONTRACTOR shall:
5.1.1 Provide, Consultations to SSA, Health Care Agency (HCA), District
Attorney's Office, Sheriff -Coroner, law enforcement agencies, and County
Counsel on reported child abuse cases. In addition to providing services by
telephone, services shall also be provided in-person or by email and may
include, but not be limited to, the following:
5.1.1.1 Review of medical records and/or photographs;
5.1.1.2 Evaluation of diagnostic tests;
5.1.1.3 Conferring with social workers, caregivers, CAST, and/or other
CFS staff regarding child abuse and neglect;
5.1.1.4 Recommending follow up action; and
5.1.1.5 Rendering medical opinion.
5.1.2 Provide consultations to physicians and other medical providers to support
the accurate diagnosis of child abuse and neglect. Services may include,
but are not limited to, discussing cases with collateral personnel (e.g.,
District Attorney's Office staff, law enforcement agency staff, etc.) and
reviewing medical records at the CAST Medical Facility or other mutually
CEH0921 Page 5 of 19 April 22, 2021
agreed upon medical facilities.
5.1.3 Provide expert testimony which may include, but is not limited to, testifying
in criminal and juvenile court proceedings as mandated by subpoena.
5.1.4 Provide on-call consultations up to ten (10) hours per week, Monday
through Friday, Saturdays, and Sundays, including evening hours.
CONTRACTOR will create monthly schedule and submit to
ADMINISTRATOR for approval. If services are required, CONTRACTOR
shall respond within forty-eight (48) hours.
5.2 Clinical and Forensic Services
5.2.1 Conduct clinical activities at CAST Medical Facility and other mutually
agreed upon facilities, as needed or as requested by ADMINISTRATOR.
5.2.2 Provide forensic sexual assault and/or physical abuse or neglect medical
examinations, and as appropriate, follow-up examinations.
5.2.3 Document services and activities in a manner that allows information to be
effectively and accurately presented in court, to collaborators, or to the
community.
5.2.4 Provide physician oversight, supervision, and training of medical staff.
5.2.5 Ensure CAST medical records of child maltreatment cases are made
available, as needed or, as requested by ADMINISTRATOR.
5.3 Trainings
5.3.1 Provide trainings and presentations on the risks and signs of abuse or
neglect to groups including, but not limited to, the following:
5.3.1.1 Social workers, CAST participants such as law enforcement
officers, volunteer advocates, deputy district attorneys, victim
witness; and therapists; and
5.3.1.2 Healthcare workers, including medical students and residents,
PHNs, first responders, and the medical community.
6. ADDITIONAL CONTRACTOR RESPONSIBILITIES
In addition to providing the services described in Paragraphs 4 and 5 of this Exhibit A,
CONTRACTOR shall:
6.1 Participate in, and support the establishment of, a group to guide expansion and
CEH0921 Page 6 of 19 April 22, 2021
enhancement efforts and related services that may include, but are not limited to,
development of protocols, peer review processes, child protection team meeting
structures, training, and educational material.
6.2 Participate in child protection team meetings to review and coordinate critical
cases.
6.3 Participate in countywide child abuse prevention efforts, including the Suspected
Child Abuse and Neglect Teams, Orange County Child Death Review Team, and
Working to End Child Abuse and Neglect Coalition.
6.4 Participate in CAST Case Review Meetings and monthly staff meetings.
6.5 Participate in CAST Policy Board Meetings, to address policy issues that impact
the CAST Program.
6.6 Notify ADMINISTRATOR, in writing, within seventy-two (72) hours, if
CONTRACTOR'S physician position becomes vacant for any reason.
6.7 Deliver culturally responsive and linguistically appropriate services to meet the
primary language needs of PATIENTS.
7. FACILITIES
7.1 Services under this Agreement shall be provided at:
CAST Medical Facility/Orangewood Children and Family Center
401 The City Drive South
Orange, CA 92868
7.2 Services may also be provided at other locations, as necessary and/or as mutually
agreed upon between ADMINISTRATOR and CONTRACTOR. Other locations
may include, but are not limited to, University of California, Irvine, Medical Center,
Children's Hospital of Orange County, or other affiliated hospitals.
7.3 CONTRACTOR and ADMINISTRATOR may agree in writing as to the
facility(ies) and location(s) where services shall be provided without changing
COUNTY's maximum obligation.
8. REPORTS
CONTRACTOR shall prepare and submit to ADMINISTRATOR, by the tenth (10th)
calendar day of each month and in a format approved by ADMINISTRATOR and
CEH0921 Page 7 of 19 April 22, 2021
CONTRACTOR, complete and accurate statistical reports for the prior month of service
that include, but are not limited to, the following:
8.1 CAST Medical Services Monthly Activity Report
8. 1.1 Total number of PATIENTS served;
8.1.2 Data on PATIENTS served (e.g., age and sex);
8.1.3 Type of encounter or exam (e.g., acute, follow-up exam, follow-up labs,
physical abuse exam, etc.);
8. l .4 Date exam is offered and date exam is performed; and
8.1.5 Reason for not performing an exam (e.g., no disclosure was provided,
PATIENT was a no-show, etc.).
8.2 Consultation Services Monthly Activity Report
8.2.1 Total number of consultations provided;
8.2.2 Data on subject of consulted case (e.g., child's age, sex, type of abuse, etc.);
8.2.3 Type of consultation (e.g., telephone, in-person, or review of medical
records, etc.);
8.2.4 Turnaround timeframe of consultation (e.g. consultation was provided
within forty-eight [48] hours of request);
8.2.5 Total number of consultations provided to social worker(s) in which
CONTRACTOR could not finalize and referred out;
8.2.6 Total number of on-call hours provided per week; and
8.2.7 Total number of training(s) provided to healthcare workers, including
Public Health Nurses (PHN), first responders, social workers, and/or SSA
staff, CAST participants such as law enforcement officers, volunteer
advocates, deputy district attorneys, victim witness staff and therapists.
8.3 CONTRACTOR shall provide additional reports as mutually agreed upon between
CONTRACTOR and ADMINISTRATOR, regarding services and activities
performed hereunder. ADMINISTRATOR shall be specific as to the nature of
information requested and allow thirty (30) calendar days for CONTRACTOR to
respond.
8.4 CONTRACTOR and ADMINISTRATOR may mutually agree in writing to add,
delete, waive, or otherwise modify reporting requirements, as stated in this
CEH0921 Page 8 of 19 April 22, 2021
Paragraph.
9. QUALITY ASSURANCE
9.1 CONTRACTOR shall support the ADMINISTRATOR's Medical Director in
collaborative work with community providers to develop standards of care and
protocols for key medical settings in the County.
9.2 CONTRACTOR shall meet with ADMINISTRATOR, at a minimum of semi-
annually, to review outcome objectives and services being provided, and to receive
feedback from ADMINISTRATOR on CONTRACTOR's performance in
accordance with services provided under this Agreement.
9.3 CONTRACTOR shall engage in evaluation activities of the services provided to
enhance the programs, as determined by ADMINISTRATOR.
10. OUTCOMES
10.1 CONTRACTOR shall meet the following outcome objectives for the term of this
Agreement:
10.1.1 Provide CAST Medical Services to PATIENTS in a timely manner as
measured in 10.1.2.
10. 1.2 To the extent permitted under applicable privacy laws, collect and submit
to ADMINISTRATOR monthly data with respect to its services at the
CAST Medical Facility, including, but not limited to, the number of
PATIENTS served, age and gender of PATIENTS, type of exam performed,
when exam is offered and when exam is performed, and reason(s) exam was
not performed.
10.1.3 Provide an average minimum of twenty (20) hours of Consultation Services
per week.
10. 1.4 Provide a minimum of two (2) Consultation Services trainings per year on
child abuse and neglect issues to nurses, social workers, and/or other SSA
staff.
10.1.5 Ensure Physician #II responds to consultation requests within forty-eight
(48) hours, a minimum of eighty-five percent (85%) of the time.
11. BUDGET
11.1 The budget for services provided pursuant to Exhibit A of this Agreement is set
CEH0921 Page 9 of 19 April 22, 2021
forth as follows:
BUDGET FOR THE TERM OF JULY 1, 2021 THROUGH JUNE 30, 2022
CAST MEDICAL SERVICES
STAFFING Position Type (1)
Maximum
FTEs 0)
Annual
Hourly
Budget
Rate (2)
Office Manager D
$ 24.05
1.00
Nurse Practitioner D
65.03
1.00
LVN D
27.37
1.00
Medical Physician I D
135.00
0.30
SUBTOTAL CAST MEDICAL SERVICES SALARIES
$
326,456
Employee Benefits (4) (48%)
$
156,699
TOTAL CAST MEDICAL SERVICES SALARIES
AND BENEFITS
$
483,155
SERVICES AND EXPENSES (5)
$
83,208
Expert Witness Testimony (6)
$
3,000
TOTAL CAST MEDICAL SERVICES
$
569,363
CONSULTATION SERVICES
Medical Physician II D $135.00 0.50
SUBTOTAL CONSULTATION SERVICES SALARIES $ 140,400
Employee Benefits (4) (48%) $ 67,392
TOTAL CONSULTATION SERVICES SALARIES AND BENEFITS $ 207,792
On -Call Services (7) D $202.50 0.25 $ 105,300
TOTAL CONSULTATION SERVICES $ 313,092
MAXIMUM FUNDING OBLIGATION
FOR YEAR 1 (July 1, 2021— June 30, 2022) $ 8825455
BUDGET FOR THE TERM OF JULY 1, 2022 THROUGH JUNE 30, 2023
CEH0921 Page 10 of 19 April 22, 2021
CAST MEDICAL SERVICES
STAFFING Position Type (1)
Maximum
FTEs (3)
Annual
Hourly
Budget
Rate (2)
Office Manager D
$ 24.77
1.00
Nurse Practitioner D
66.98
1.00
LVN D
28.19
1.00
Medical Physician I D
139.00
0.30
SUBTOTAL CAST MEDICAL SERVICES SALARIES
$
336,211
Employee Benefits (4) (48%)
$
161,381
TOTAL CAST MEDICAL SERVICES SALARIES AND BENEFITS
$
497,592
SERVICES AND EXPENSES (5)
$
85,704
Expert Witness Testimony (6)
$
3,000
TOTAL CAST MEDICAL SERVICES
$
586,296
CONSULTATION SERVICES
Medical Physician II D
$139.00
0.50
SUBTOTAL CONSULTATION SERVICES SALARIES
$
144,560
Employee Benefits (4) (48%)
$
69,389
TOTAL CONSULTATION SERVICES SALARIES AND BENEFITS
$
213,949
On -Call Services (7) D
$208.50
0.25
$
108,420
TOTAL CONSULTATION SERVICES
$
322,369
MAXIMUM FUNDING OBLIGATION
FOR YEAR 2 (July 1, 2022 — June 30, 2023)
$
908,665
BUDGET FOR THE TERM OF JULY 1, 2023 THROUGH JUNE 30, 2024
LINE ITEMS
CAST MEDICAL SERVICES
STAFFING Position Type (1) Maximum FTEs 0) Annual
Hourly Budget
Rate (2)
CEH0921 Page 11 of 19 April 22, 2021
Office Manager D $ 25.51
1.00
Nurse Practitioner D 68.99
1.00
LVN D 29.04
1.00
Medical Physician I D 143.00
0.30
SUBTOTAL CAST MEDICAL SERVICES SALARIES
$
346,194
Employee Benefits (4) (48%)
$
166,173
TOTAL CAST MEDICAL SERVICES SALARIES AND BENEFITS
$
512,367
SERVICES AND EXPENSES (5)
$
88,275
Expert Witness Testimony (6)
$
3,000
TOTAL CAST MEDICAL SERVICES
$
603,642
CONSULTATION SERVICES
Medical Physician 11 D $143.00 0.50
SUBTOTAL CONSULTATION SERVICES SALARIES $ 148,720
Employee Benefits (4) (48%) $ 71,386
TOTAL CONSULTATION SERVICES SALARIES AND BENEFITS $ 220,106
On -Call Services (7) D $214.50 0.25 $ 111,540
TOTAL CONSULTATION SERVICES $ 331,646
MAXIMUM FUNDING OBLIGATION
FOR YEAR 3 (July 1, 2023 — June 30, 2024) $ 935,288
TOTAL MAXIMUM COUNTY OBLIGATION
(July 1, 2021— June 30, 2024) $2,726,408
Position Types are classified as "D" for Direct or "A" for Administrative. Direct
services positions include staff who are integral to service delivery and may include
staff who provide direct face-to-face service to clients and/or staff who
supervise/manage direct service personnel. Administrative positions include staff
that support service delivery and whose activities and functions can be directly
allocated to the program.
CEH0921 Page 12 of 19 April 22, 2021
(2) Maximum hourly rate which will be permitted during the term of this Agreement;
employees may be paid at less than maximum hourly rate.
(3) For hourly employees, Full -Time Equivalent (FTE) is defined as the amount of time
(stated as a percentage) the position will be providing services under the terms of
this Agreement. This percentage is based upon a 40 -hour work week. For salaried
employees, FTE is defined as the amount of time (stated as a percentage) the
position will be paid for under the terms of this Agreement, regardless of the
number of hours actually worked.
(4) Employee Benefits include old age, survivor and disability insurance; Medicare;
health insurance; dental insurance; vision insurance; Annuitant Health; Office of
the President Benefit Admin Assessment; UCI Paid Life Insurance; non -industrial
disability benefit; Employee Support Program; Employee Practice Liability;
Federal Unemployment Tax, State Unemployment Tax and Workers'
Compensation Tax, based on the currently prevailing rates; vacation accrual limited
to the amount of vacation time earned during the period of employment during the
term of this Agreement. The overall benefit rate shall not exceed forty-eight
percent (48%) of the actual salary expense claimed.
(5) Services include supplies/equipment, malpractice insurance, and university
overhead.
(6) Expert Witness Testimony services includes Expert Witness Sexual Abuse
(Criminal Court), Expert Witness Physical Abuse (Criminal Court), and Expert
Witness (Dependency Court).
(7) If services occur during an on-call period referenced in Subparagraph 5.1.4,
CONTRACTOR shall be paid the rate of time and a half regular pay for each hour
in which services are rendered. Services lasting less than one (1) hour shall be
prorated in thirty (30) -minute increments. When no service is provided during an
on-call period, CONTRACTOR shall be compensated at a rate of one-fourth
regular pay per hour for each hour of on-call service.
11.2 Expenses for extra pay, including but not limited to, overtime, stipends, bonuses,
staff incentives, severance pay, etc. shall not be eligible for reimbursement under
this Agreement unless authorized in writing by ADMINISTRATOR. Such
CEH0921 Page 13 of 19 April 22, 2021
authorization shall be considered as an exception and may be approved, on a case-
by-case basis, at the sole discretion of ADMINISTRATOR.
11.3 CONTRACTOR and ADMINISTRATOR may agree, subject to advance written
notice, to add, delete or modify line items and/or amounts and/or the number and
type of FTE positions without changing COUNTY'S maximum funding obligation
as stated in Subparagraph 2 1. 1 of this Agreement or reducing the level of service
to be provided by CONTRACTOR. Further, in accordance with Subparagraph 41.4
of this Agreement, in the event ADMINISTRATOR reduces the maximum funding
obligation as stated in Subparagraph 21.1, CONTRACTOR and
ADMINISTRATOR may mutually agree in writing to proportionately reduce the
service goals as set forth in this Exhibit. Failure to obtain advance written approval
for any proposed Budget Modification Request may result in disallowance of
reimbursement for those costs.
11.4 In the event one of the annual budgets shown in Subparagraph 11.1 of this Exhibit
is modified, the modification shall remain in effect until the end of the specific
fiscal period. For example, if the annual budget for the term of July 1, 2021 through
June 30, 2022 is modified, the modification will be effective until June 30, 2022.
Beginning July 1, 2022, the budget will revert to the budget included in
Subparagraph 11.1 of this Exhibit until it is modified, if applicable. Budget
modifications must be approved in writing by ADMINISTRATOR.
12. STAFF
CONTRACTOR shall provide the following described staff positions:
12.1 Physician #I
T11 It
12.1.1 Perform forensic abuse or neglect medical examinations at the CAST
Medical Facility.
12.1.2 Provide consultations to ADMINISTRATOR or its designees, law
enforcement, County Counsel, District Attorney's Office, and Sheriff -
Coroner staff on reported abuse or neglect cases. Consultations may
include, but are not limited to, review of medical records and photographs;
evaluation of diagnostic tests; discussion of information with assigned
CEH0921 Page 14 of 19 April 22, 2021
social workers, medical providers and caregivers; conferences with CAST
Team members or other medical child protective team staff,
recommendations for further action; and medical opinions. Action may
include having the child seen by medical providers at the CAST Medical
Facility.
12.1.3 Provide consultation to the Nurse Practitioner to support the accurate
diagnosis of abuse or neglect.
12.1.4 Provide consultation to legal team involved in criminal and juvenile court
proceedings.
12.1.5 Provide expert testimony which may include, but is not limited to,
testimony in criminal and juvenile court proceedings as mandated by
subpoena.
12.1.6 Educate and train residents, medical students, and/or students of nurse or
nurse practitioner programs at the CAST Medical Facility and/or agreed
upon location.
12.1.7 Educate social workers, nurses, and/or other SSA staff at the discretion of
the ADMINISTRATOR.
Qualifications
12.1.8 Board certified/eligible Child Abuse Pediatrician, in good standing.
12.1.9 Experience in providing expert witness court testimony on child and
dependent adult abuse cases is preferred.
12.1.10 Experience working in a collaborative, multi -disciplinary setting.
12.1.11 Teaching experience with medical residents, the community, etc. is
preferred.
12.1.12 Knowledge of the systems involved in child and dependent adult protection
and prosecution.
12.1.13 Effective oral, written, and interpersonal communication skills in English
is required and bilingual in a language that meets the community need is
preferred.
12.2 Physician #I1
I -N-+; —
CEH0921 Page 15 of 19 April 22, 2021
12.2.1 Collaborate directly with CONTRACTOR'S designated representative
approved by ADMINISTRATOR.
12.2.2 Perform forensic sexual assault and/or physical abuse medical
examinations.
12.2.3 Provide consultation to SSA, HCA, District Attorney's Office, Sheriff -
Coroner staff, law enforcement, and County Counsel on reported child and
dependent adult abuse cases.
12.2.4 Review medical records, photographs, and diagnostic tests to determine if
abuse or neglect has occurred.
12.2.5 Provide consultation to physicians to support the accurate diagnosis of
abuse and neglect.
12.2.6 Provide expert testimony, which may include, but is not limited to,
testimony in criminal and juvenile court proceedings as mandated by
subpoena.
12.2.7 Educate and train medical residents and medical students, and/or students
of nurse or nurse practitioner programs at the CAST Medical Facility and/or
agreed upon location(s).
12.2.8 Educate social workers, nurses, and/or SSA staff on abuse and neglect.
Qualifications
12.2.9 Board certified Pediatrician, board certified child abuse and neglect
Pediatrician is preferred.
12.2. 10 Minimum of one (1) year of experience examining and evaluating
neglected, sexually, and physically abused PATIENTS in both hospital and
outpatient settings.
12.2.11 Experience providing expert witness court testimony on child and
dependent adult abuse cases.
12.2.12 Experience working in a collaborative, multi -disciplinary setting.
12.2.13 Experience teaching medical residents, the community, and other
stakeholders on abuse and neglect.
12.2.14 Knowledge of the systems involved in child and dependent adult protection
and prosecution.
CEH0921 Page 16 of 19 April 22, 2021
12.2.15 Effective oral, written, and interpersonal communication skills.
12.3 Nurse Practitioner
Duties
12.3.1 Perform forensic sexual assault and other abuse and neglect medical
examinations at the CAST Medical Facility.
12.3.2 Oversee medical staff and daily operation of the medical unit.
12.3.3 Provide consultation to ADMINISTRATOR or its designees, law
enforcement, County Counsel, District Attorney, and Sheriff -Coroner staff
on reported abuse or neglect cases, which may include, but is not limited to
review of medical records and photographs; evaluation of diagnostic tests;
discussion of information with assigned social workers, other medical
providers and caregivers; conferences with CAST Team members or other
medical child protective team staff; recommendations for further action;
and medical opinions.
12.3.4 Provide consultation to legal team involved in criminal and juvenile court
proceedings.
12.3.5 Provide expert testimony which may include, but is not limited to,
testimony in criminal and juvenile court proceedings as mandated by
subpoena.
Qualifications
12.3.6 Certified in Family Medicine or Pediatrics, in good standing.
12.3.7 Minimum one (1) year of experience examining children.
12.3.8 Attention to detail when completing written and photographic
documentation.
12.3.9 Effective oral, written, and interpersonal communication skills with
PATIENTS, their families/caregivers, and other team members.
12.3. 10 Experience working in a collaborative, multi -disciplinary setting.
12.3. 11 Knowledge of the systems involved in child protection and prosecution is
preferred.
12.3.12 Ability to testify in legal proceedings.
12.3.13 Effective oral, written, and interpersonal communication skills in English
CEH0921 Page 17 of 19 April 22, 2021
is required and bilingual in a language that meets the community need is
preferred.
12.4 Licensed Vocational Nurse
Duties
12.4.1 Assist the Nurse Practitioner or Physician with PATIENTS.
12.4.2 Assist with specimen collection, packaging, and paperwork.
12.4.3 Track and order necessary supplies and inventory.
12.4.4 Assist Office Manager as needed.
12.4.5 Maintain professional licensure in good standing.
12.4.6 Other duties as determined by CONTRACTOR.
Qualifications
12.4.7 Graduate of an accredited school for licensed vocational nursing.
12.4.8 Current licensure in the State of California, in good standing.
12.4.9 Knowledge of Pediatrics or Family Medicine nursing.
12.4. 10 Experience working in the field of child and dependent adult abuse and
neglect.
12.4.11 Effective oral, written, and interpersonal communication skills in English
is required and bilingual in a language that meets the community need is
preferred.
12.4.12 Organized, motivated, and able to work independently.
12.4.13 Demonstrate customer service skills when interacting with PATIENTS,
collaborators, and the community.
12.5 Office Manager
Th iti Pc
12.5.1 Perform administrative support such as answering phones, setting up and
coordinating meetings and conferences, and preparing statistical reports as
required by collaborator agencies.
12.5.2 Coordinate appointment scheduling of PATIENTS and register PATIENTS
into the Electronic Medical Records system.
12.5.3 Maintain database and records.
12.5.4 Order office supplies.
CEH0921 Page 18 of 19 April 22, 2021
12.5.5 Schedule ancillary services such as laundry, shredding, and hazardous
waste disposal.
12.5.6 Coordinate training/education schedule and assist with medical student
education schedules.
12.5.7 Perform medical billing of law enforcement agencies and PATIENT
insurances for Clinical and Forensic Services, when applicable.
12.5.8 Process subpoenas and coordinate expert witness testimony scheduling.
12.5.9 Prepare documents required by subpoena.
12.5.10 Assist the medical team with community outreach and research projects,
and any other duties assigned by the CONTRACTOR.
Qualifications
12.5.11 Bachelor's degree in business administration or allied field, or an
equivalent combination of four -years of education and experience.
12.5.12 Experience working in a medical setting is preferred.
12.5.13 Experience working in a collaborative multidisciplinary team is preferred.
12.5.14 Effective oral, written and interpersonal communication skills with
PATIENTS, families/caregivers, and other team members.
12.5.15 Establish and maintain effective working relationships with all levels of
staff, PATIENTS, and the community.
12.5.16 Experience in medical billing and collection practices.
12.5.17 Experience working in the field of child and dependent adult abuse and
neglect.
12.5.18 Maintain confidentiality and interact with tact and diplomacy on sensitive
issues.
12.5.19 Experience coordinating outreach and educational events.
12.5.20 Effective oral, written, and interpersonal communication skills in English
is required and bilingual in a language that meets the community need is
preferred.
CEH0921 Page 19 of 19 April 22, 2021
i�0� SEA('ec�9ti
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G� nyy
AGENDA STAFF REPORT
�1'',,C'QCIFORN�P'r
DATE: July 26, 2021
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Steve Myrter, P.E., Director of Public Works
SUBJECT: Awarding and Authorizing a Professional Services
Agreement with NV5, Inc. for the Bolsa Chica Water Well
Improvements (WT1603) — Construction Management and
Inspection Services
SUMMARY OF REQUEST:
That the City Council adopt Resolution 7174:
1. Approving and awarding a Professional Services Agreement with NV5,
Inc. in a not -to -exceed amount of $260,375 to provide construction
management and inspection services for the Bolsa Chica Water Well
Improvements (CIP WT1603); and,
2. Authorizing and directing the City Manager to execute the Agreement;
and,
3. Authorizing the City Manager to approve additional work requests up to
the total amount of $20,000 in connection with the Project.
BACKGROUND AND ANALYSIS:
The City owns and maintains four (4) water production wells — (1) Lampson Well,
(2) Beverly Manor Well, (3) Leisure World Well, and (4) Bolsa Chica Well. The
Bolsa Chica Well is located at the southwest corner of Old Bolsa Chica Road at
Bolsa Chica Road intersection. This well was built in 1979 and serves as one of
the City's primary water production well.
The City's Water Master Plan assesses the water system and documents
infrastructure replacement recommendations to maintain system reliability. As
such, the Bolsa Chica Water Well Improvements Project was budgeted into the
Capital Improvement Program.
The Project is nearing design completion. Given the Project's complexity, it is
customary to retain a construction manager at this point to become familiarized
Agenda Item G
with the Project and provide a constructability review. It is also recommended
that the construction management and inspection services be coordinated to
provide the best construction oversight. Accordingly, staff solicited for a proposal
from NV5, Inc. (NV5), Public Works' existing on-call inspection consultant, to
provide the Project's construction management and inspection services.
On June 17, 2021, NV5 provided a proposal to provide the requested services.
Luanne Bean, Senior Construction Manager at NV5, brings over 30 years of
public works engineering experience with a focus on water and wastewater
capital improvement projects. She is thoroughly familiar with local, state, and
federal requirements and will be leading the effort. Daniel Warren, construction
inspector at NV5, brings over 25 years of experience in public works. Mr. Warren
has significant knowledge of all public utilities aspect and will be providing expert
quality control.
NV5's proposal is in a not -to -exceed amount of $260,375, which includes both
construction management and inspection services for the construction duration.
A separate inspector is being proposed, versus utilizing Public Works' existing
inspector, to provide the full-time construction oversight that this Project will
require.
The scope of work generally includes:
• Construction oversight and contract enforcement
• Interagency coordination
• Documented inspection services
• Material and geotechnical testing services
• System shut -down and start-up coordination
• Project close-out
Given the Projects' complexity and importance to the City's water system
reliability, staff recommends authorizing the City Manager to approve additional
work requests up to $20,000.
ENVIRONMENTAL IMPACT:
This item is not subject to the California Environmental Quality Act ("CEQA")
pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be
seen with certainty that approval of a professional services agreement with NV5,
Inc. will not have a significant effect on the environment. Environmental impacts
related to the project construction will be assessed under a separate effort.
LEGAL ANALYSIS:
The City Attorney has approved the agreement and resolution as to form.
Page 2
FINANCIAL IMPACT:
Cost associated with NV5's agreement will be expensed from the Bolsa Chica
Water Well Improvements (WT1603) project account. Sufficient funding for the
construction management and inspection services has been budgeted. No
budget amendment is being requested at this time.
CIP Project Amount
Construction Management & Inspection Services $ 260,375
Contingency 20,000
Total $ 280,375
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 7174:
1. Approving and awarding a Professional Services Agreement with NV5,
Inc. in a not -to -exceed amount of $260,375 to provide construction
management and inspection services for the Bolsa Chica Water Well
Improvements (CIP WT1603); and,
2. Authorizing and directing the City Manager to execute the Agreement;
and,
3. Authorizing the City Manager to approve additional work requests up to
the total amount of $20,000 in connection with the Project.
SUBMITTED BY:
Steve Myrter
Steve Myrter, P.E., Director of
Public Works
Page 3
NOTED AND APPROVED:
Jill R. Ingram
Jill R. Ingram, City Manager
Prepared by: Iris Lee, Deputy Public Works Director/City Engineer
ATTACHMENTS:
A. Resolution 7174
B. Agreement with NV5, Inc.
Page 4
RESOLUTION 7174
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
AWARDING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT
WITH NV5, INC. TO PROVIDE CONSTRUCTION
MANAGEMENT AND INSPECTION SERVICES FOR THE
BOLSA CHICA WATER WELL IMPROVEMENTS (CIP
WT1603)
WHEREAS, the Bolsa Chica Well was built in 1979 and serves as one of the City's
primary water production wells; and,
WHEREAS, the Bolsa Chica Water Well Improvements (CIP WT1603) was identified
as an improvement project in the City's Water Master Plan to ensure system reliability;
and,
WHEREAS, the City desires to retain a consultant to provide construction management
and inspection services for the Project; and,
WHEREAS, the City received a proposal from NV5, Inc. and is qualified to provide
professional construction management and inspection services for the Project.
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City Council hereby awards a Professional Services Agreement
(Agreement) to NV5, Inc. in a not -to -exceed amount of $260,375 to
provide construction management and inspection services for the
Bolsa Chica Water Well Improvements.
Section 2. The City Council hereby authorizes the City Manager to approve
additional work payment requests in connection with the Project in the
cumulative not -to -exceed amount of $20,000.
Section 3. The City Council hereby authorizes and directs the City Manager to
execute the Agreement on behalf of the City, pursuant to the NV5, Inc.
proposal dated June 17, 2021.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular
meeting held on the 26t" day of July 2021 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Joe Kalmick, 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 7174 on file in the office of the
City Clerk, passed, approved, and adopted by the City Council at a regular meeting held
on the 26th day of July 2021.
Gloria D. Harper, City Clerk
PROFESSIONAL SERVICES AGREEMENT
for
Bolsa Chica Water Well —
Construction Management and Inspection Services
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
NV5, Inc.
163 Technology Drive, Suite 100
Irvine, CA 92618
(949) 585-0477
This Professional Service Agreement ("the Agreement") is made as of July 26, 2021
(the "Effective Date"), by and between NV5, Inc. ("Consultant"), a California corporation,
and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties").
RECITALS
A. City desires certain professional construction management and inspection
services.
B. Pursuant to the authority provided by its City Charter and Seal Beach
Municipal Code § 3.20.025(C), City desires to retain Consultant as an
independent contractor to provide professional Bolsa Chica Water Well —
Construction Management and Inspection Services.
C. Consultant represents that the principal members of its firm are
qualified professionals and are fully qualified to perform the professional
services contemplated by this Agreement by virtue of its experience, and the
training, education and expertise of its principals and employees.
D. City desires to retain Consultant as an independent contractor and
Consultant desires to serve City to perform those services in accordance with
the terms and conditions of this Agreement.
NOW THEREFORE, in consideration of the Parties' performance of the
promises, covenants, and conditions stated herein, the Parties hereto agree
as follows.
AGREEMENT
1.0 Scope of Services
1.1. Consultant shall provide those services (collectively "Services") set
forth in the Scope of Services attached hereto as Exhibit A 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
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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.
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. 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 July 26, 2021, and
shall remain in full force and effect until July 26, 2024, unless sooner terminated
as provided in Section 5.0 of this Agreement.
3.0 Consultant's Compensation
3.1. City will pay Consultant in accordance with the hourly rates shown
on the fee schedule set forth in Exhibit A for the Services but in no event will the
City pay more than the total not -to -exceed amount of $260,375.00 (Two Hundred
Sixty Thousand Three Hundred Seventy -Five and 00/100 dollars) for the Term.
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
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.
3 of 19
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. Luanne Bean is the Consultant's primary representative for
purposes of this Agreement. Luanne Bean 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: NV5, Inc.
163 Technology Drive, Suite 100
Irvine, CA 92618
Attn: Jeffrey Cooper
7.2. Actual notice shall be deemed adequate notice on the date actual
notice occurred, regardless of the method of service.
8.0 Permits and Licenses
Consultant and all of Consultant's employees and other personnel shall obtain
and maintain during the Agreement term all necessary licenses, permits and
4of19
certificates required by law for the provision of the Services under this
Agreement, including a business license as required by the Seal Beach
Municipal Code.
9.0 Independent Contractor
9.1. 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. Consultant will determine the means, methods, and
details by which Consultant's employees and other 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.
9.2. 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 (1) as otherwise required for the performance of Services on City real
property, vehicles or equipment; (2) 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 (3) 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 Consultant's personnel to obtain information about or to check on the
status of projects pertaining to the Services under this Agreement.
9.3. 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
5 of 19
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 contributions or
employee contributions for PERS benefits.
9.4. 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 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 personnel practices. or to the extent
arising from, caused by or relating to the violation of any of the provisions of this
Section 9.0. 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 Consultant'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. Consultant's indemnifications and obligations under this Section
shall survive the expiration or termination of this Agreement.
10.0 PERS Compliance and Indemnification
10.1. 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 behalf 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 ("PERE"),
commencing at Government Code § 20000, as amended by the Public
Employees' Pension Reform Act of 2013 ("PEPRA"),. and the regulations of
PERS. 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 retired 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 PERL, PEPRA or any other applicable retirement laws and
regulations.
10.2. 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
6 of 19
Consultant's violation of any provisions of this Section 10.0. 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. Consultant's
indemnification and obligations under this Section shall survive the expiration or
termination of this Agreement.
11.0 Confidentiality
11.1. Consultant covenants that all data, reports, documents, surveys,
studies, drawings, plans, maps, models, photographs, images, video files, media,
discussion, or other information (collectively "Data & Documents") 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. Consultant, its officers, employees, agents, or
subcontractors shall not without written authorization from the City Manager or
unless requested in writing by the City Attorney, voluntarily provide declarations,
letters of support, testimony at depositions, response to interrogatories or other
information concerning the Services performed under this Agreement or relating
to any project or property located within the City. Response to a subpoena or
court order shall not be considered "voluntary," provided Consultant gives City
notice of such court order or subpoena.
11.2. Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint,
subpoena, notice of deposition, request for documents, interrogatories, request
for admissions or other discovery request, court order or subpoena from any
party regarding this Agreement and the work performed thereunder or with
respect to any project or property located within the City. City may, but has no
obligation to, represent Consultant or be present at any deposition, hearing or
similar proceeding. Consultant agrees to cooperate fully with City and to provide
City with the opportunity to review any response to discovery requests provided
by Consultant. However, City's right to review any such response does not imply
or mean the right by City to control, direct or rewrite the response.
11.3. Consultant's covenants under this Section shall survive the
termination or expiration of this Agreement.
12.0 Ownership of Documents and Work Product
12.1. All Data & Documents shall be and remain the property of City
without restriction or limitation upon its use, duplication or dissemination by City.
All Data & Documents shall be considered "works made for hire," and all Data &
Documents and any and all intellectual property rights arising from their creation,
including, but not limited to, all copyrights and other proprietary rights, shall be
and remain the property of City without restriction or limitation upon their use,
7 of 19
duplication or dissemination by City. Consultant shall not obtain or attempt to
obtain copyright protection as to any Data & Documents.
12.2. Consultant hereby assigns to City all ownership and any and all
intellectual property rights to the Data & Documents that are not otherwise vested
in City pursuant to the paragraph directly above this one.
12.3. Consultant warrants and represents that it has secured all
necessary licenses, consents or approvals to use any instrumentality, thing or
component as to which any intellectual property right exists, including computer
software, used in the rendering of the Services and the production of all Written
Products produced under this Agreement, and that City has full legal title to and
the right to reproduce the Data & Documents. Consultant shall defend, indemnify
and hold City, and its elected officials, officers, employees, servants, attorneys,
designated volunteers, and agents serving as independent contractors in the role
of City officials, harmless from any loss, claim or liability in any way related to a
claim that City's use of any of the Data & Documents is violating federal, state or
local laws, or any contractual provisions, or any laws relating to trade names,
licenses, franchises, copyrights, patents or other means of protecting intellectual
property rights and/or interests in products or inventions. Consultant shall bear all
costs arising from the use of patented, copyrighted, trade secret or trademarked
documents, materials, equipment, devices or processes in connection with its
provision of the Services and Data & Documents produced under this
Agreement. In the event the use of any of the Written Products or other
deliverables hereunder by City is held to constitute an infringement and the use
of any of the same is enjoined, Consultant, at its expense, shall: (1) secure for
City the right to continue using the Data & Documents and other deliverables by
suspension of any injunction, or by procuring a license or licenses for City; or (2)
modify the Data & Documents and other deliverables so that they become non -
infringing while remaining in compliance with the requirements of this Agreement.
These covenants shall survive the expiration and/or termination of this
Agreement.
12.4. Upon expiration or termination of the Agreement, Consultant shall
deliver to City all Data & Documents and other deliverables related to any
Services performed pursuant to this Agreement without additional cost or
expense to City. If Consultant prepares a document on a computer, Consultant
shall provide City with said document both in a printed format and in an electronic
format that is acceptable to City.
13.0 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.
14.0 Prohibition Against Assignment or Delegation
Consultant shall not assign any of its rights or delegate any of its duties under
this Agreement, either in whole or in part, without City's prior written consent. Any
purported assignment or delegation in violation of this Section shall be void and
without effect, and shall entitle City to terminate this Agreement. As used in this
Section, "assignment" and "delegation" means any sale, gift, pledge,
hypothecation, encumbrance or other transfer of all or any portion of the rights,
obligations, or liabilities in or arising from this Agreement to any person or entity,
whether by operation of law or otherwise, and regardless of the legal form of the
transaction in which the attempted transfer occurs.
15.0 Inspection and Audit of Records
Consultant shall maintain complete and accurate records with respect to all
Services and other matters covered under this Agreement, including 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 performance 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 final
payment under this Agreement, whichever occurs later. City's rights under this
Section 15.0 shall survive for three (3) years after expiration, termination or
final payment under this Agreement, whichever occurs later.
16.0 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 and other applicable state and federal laws. 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.
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17.0 Insurance
17.1. General Requirements. 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.
17.2. Minimum Scope and Limits of Insurance. Consultant shall, at its
sole cost and expense, procure, maintain and keep in full force and effect 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
performance of this Agreement, as follows:
17.2.1. Commercial General Liability Insurance: Consultant shall
maintain limits no less than $2,000,000 per occurrence for bodily injury, 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 shall be twice the required occurrence limit: Coverage shall be at least as
broad as the latest version of Insurance Services Office Commercial General
Liability coverage (occurrence form CG 0001). If Consultant is a limited liability
company, the commercial general liability coverage shall be amended so that
Consultant and its managers, affiliates, employees, agents and other persons
necessary or incidental to its operation are insureds;
17.2.2. Automobile Liability Insurance: Consultant shall maintain
limits no less than $1,000,000 per accident for bodily injury and property
damage. Coverage shall be at least as broad as Automobile Liability: Insurance
Services Office Business Auto Coverage form number CA 0001, code 1 (any
auto)..
17.2.3. Workers' Compensation Insurance in the amount required
by law; and Employer's Liability: $1,000,000 per accident and in the aggregate
for bodily injury or disease;
17.2.4. Professional Liability (or Errors and Omissions) Liability. ,
within minimum limits of $1,000,000 per claim/aggregate. 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.
17.3. Acceptability of Insurers. The Insurance policies required under this
Section shall 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.
17.4. Additional Insured.
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17.4.1. For general liability insurance, City, its elected and
appointed officials, officers, employees, agents, designated volunteers and those
City agents acting as independent contractors in the role of City officials shall be
covered as additional insureds with respect to the services or operations
performed by or on behalf of the Consultant, including materials, parts or
equipment furnished in connection with such work.
17.4.2. For automobile liability, City, its elected and appointed
officials, officers, employees, agents, designated volunteers and those City
agents serving as independent contractors in the role of City officials, 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.
17.4.3. These additional insured provisions shall also apply to any
excess/umbrella liability policies.
17.5. Cancellations or Modifications to Coverage. The insurance
policies shall contain the following provisions, or Consultant shall provide
endorsements on forms supplied or approved by 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 City;
(2) any failure to comply with reporting or other provisions of the policies,
including breaches of warranties, shall not affect coverage provided to City, its
elected and appointed officials, officers, employees, agents, designated
volunteers, and those City agents serving as independent contractors in the
role of City officials;
17.6. Primary and Non -Contributing. Coverage shall be primary
insurance as respects the City, its elected officials, officers, employees, agents,
designated volunteers designated volunteers and agents serving as
independent contractors in the role of City officials, 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 elected officials, officers, employees, agents. designated volunteers
designated volunteers and agents serving as independent contractors in the
role of City officials, shall be excess of the Consultant's insurance and shall not
be called upon to contribute with it;
17.7. Separation of Insureds. 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 City, its elected and
appointed officials, officers, employees, agents, designated volunteers and those
City agents serving as independent contractors in the role of City officials.
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17.8. Deductibles and Self -Insured Retentions. Any deductibles or self-
insured retentions shall be declared to and approved by City. Consultant
guarantees that, at the option of City, either: (1) the insurer shall reduce or
eliminate such deductibles or self-insured retentions as respects City, its elected
and appointed officials, officers, employees, agents, designated volunteers and
those City agents serving as independent contractors in the role of City officials;
or (2) Consultant shall procure a bond guaranteeing payment of losses and
related investigation costs, claims and administrative and defense expenses.
17.9. Waiver of Subrogation. Each insurance policy required by this
Agreement shall expressly waive the insurer's right of subrogation against City
and its elected and appointed officials, officers, employees, agents, designated
volunteers and those City agents serving as independent contractors in the role
of City officials. Consultant hereby waives all rights of subrogation against City.
17.10. City Remedy for Noncompliance. If Consultant does not maintain
the policies of insurance required under this Section in full force and effect during
the term of this Agreement, or in the event any of Consultant's policies do not
comply with the requirements under this Section, City may either immediately
terminate this Agreement or, if insurance is available at a reasonable cost, City
may, but has no duty to, take out the necessary insurance and pay, at
Consultant's expense, the premium thereon. Consultant shall promptly reimburse
City for any premium paid by City or City may withhold amounts sufficient to pay
the premiums from payments due to Consultant.
17.11. Evidence of Insurance. Prior to the performance of Services under
this Agreement, Consultant shall furnish City with original certificates of
insurance and all original endorsements evidencing and effecting the coverages
required under this Section on forms satisfactory to and approved by 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 City if requested. Consultant may provide complete, certified
copies of all required insurance policies to City. Consultant shall maintain current
endorsements on file with City's Risk Manager. All certificates and endorsements
shall be received and approved by the City before work commences. City
reserves the right to require complete, certified copies of all required insurance
policies, at any time. Consultant shall also provide proof to City that insurance
policies expiring during the term of this Agreement have been renewed or
replaced with other policies providing at least the same coverage. Consultant
shall furnish such proof at least two weeks prior to the expiration of the
coverages.
17.12. Indemnity Requirements Not Limiting. Procurement of insurance
by Consultant shall not be construed as a limitation of Consultant's liability or as
full performance of Consultant's duty to indemnify City under Section 18.0.
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17.13. Broader Coverage/Higher Limits. If Consultant maintains broader
coverage and/or higher limits than the minimums required above, City requires
and shall be entitled to the broader coverage and/or the higher limits maintained
by Consultant. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to City.
17.14. Subcontractor Insurance Requirements. Consultant shall require
each of its subcontractors that perform Services under this Agreement to
maintain insurance coverage that meets all of the requirements of this Section.
18.0 Indemnification, Hold Harmless, and Duty to Defend
18.1. Indemnity for Design Professional Services. To the fullest
extent permitted by law, Consultant shall, at its sole cost and expense,
protect, indemnify and hold harmless City and its elected and appointed
officials, officers, attorneys, agents, employees, designated volunteers,
successors, assigns and those City agents serving as independent
contractors in the role of City officials (collectively "Indemnitees" in this
Section 18.0), from and against any and all damages, costs, expenses,
liabilities, claims, demands, causes of action, proceedings, judgments,
penalties, bid protests, stop notices, liens, and losses of any nature
whatsoever, including but not limited to fees of attorneys, accountants and
other professionals and all costs associated therewith, and reimbursement of
attorneys' fees and costs of defense (collectively "Claims"), in law or in equity,
whether actual, alleged or threatened, which arise out of, pertain to, or relate
to, in whole or in part, the negligence, recklessness or willful misconduct of
Consultant, its officers, directors, agents, servants, employees,
subcontractors, contractors or their officers, directors, agents, servants or
employees (or any entity or individual that Consultant shall bear the legal
liability thereof) in the performance of design professional services under this
Agreement by a "design professional," as the term is defined under California
Civil Code § 2782.8(c). Notwithstanding the foregoing and as required by Civil
Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is
charged to Consultant exceed Consultant's proportionate percentage of fault.
18.2. Other Indemnities.
18.2.1. Other than in the performance of design professional
services and to the fullest extent permitted by law, Consultant shall, at its sole
cost and expense, protect, defend, hold harmless and indemnify the Indemnitees
from and against any and all damages, costs, expenses, liabilities, claims,
demands, causes of action, proceedings, judgments, penalties, bid protests, stop
notices, liens and losses of any nature whatsoever, including but not limited to
fees of accountants, attorneys and other professionals, and all costs associated
therewith, and the payment of all consequential damages (collectively
"Liabilities"), in law or equity, whether actual, alleged or threatened, which arise
out of, pertain to, or relate to the acts or omissions of Consultant, its officers,
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agents, servants, employees, subcontractors, materialmen, suppliers, or
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 for Liabilities 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. 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.
18.2.2. Consultant shall indemnify and hold harmless City in
accordance with Sections 9.0 and 10.0.
18.3. Subcontractor Indemnification. Consultant shall obtain executed
indemnity agreements with provisions identical to those in this Section 18.0 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 actual, 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.
18.4. Workers' Compensation Acts Not Limiting. Consultant's
indemnification obligations under this Section, or any other provision of this
Agreement, shall not be limited by the provisions of any workers' compensation
act or similar act. Consultant expressly waives its statutory immunity under such
statutes or laws as to City, its elected and appointed officers, officials, agents,
employees, designated volunteers and those City agents serving as independent
contractors in the role of City officials.
18.5. Insurance Requirements Not Limiting. City does not, and shall not,
waive any rights that it may possess against Consultant because of the
acceptance by City, or the deposit with City, of any insurance policy or certificate
required pursuant to this Agreement. The indemnities and obligations in this
Section shall apply regardless of whether or not any insurance policies are
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determined to be applicable to the Claims or Liabilities asserted against City or
any of the other Indemnitees.
18.6. Survival of Terms. Consultant's indemnifications and obligations
under this Section 18.0 shall survive the expiration or termination of this
Agreement.
19.0 Non -Discrimination Equal Employment Opportunity
Consultant affirmatively represents that it is an equal opportunity employer. In the
performance of this Agreement, Consultant shall not discriminate against any
subcontractor, employee, or applicant for employment because of race, religion,
color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender
identity, gender expression, marital status, national origin, ancestry, agephysical
disability, mental disability, medical condition, genetic information, or any other
basis prohibited by law. Consultant will take affirmative action to ensure that
subcontractors and applicants are employed, and that employees are treated
during employment, without regard to their race, color, religious creed, sex,
gender, gender identity, gender expression, marital status, national origin,
ancestry, age, physical disability, mental disability, medical condition, genetic
information or sexual orientation, or any other basis prohibited by law.
20.0 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.
21.0 Prevailing Wage and Payroll Records
To the extent that this Agreement calls for services that, in whole or in part,
constitute "public works" as defined in the California Labor Code, Consultant
shall comply in all respects with all applicable provisions of the California Labor
Code, including those set forth in Exhibit B, attached hereto and incorporated
by reference herein.
22.0 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.
23.0 Severability
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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.
24.0 Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws
of the State of California, except that any rule of construction to the effect that
ambiguities are to be resolved against the drafting party shall not be applied in
interpreting this Agreement. Any dispute that arises under or relates to this
Agreement (whether contract, tort or both) shall be resolved in a superior court
with geographic jurisdiction over the City of Seal Beach.
25.0 No Third Party Beneficiaries
This Agreement is made solely for the benefit of the Parties to this Agreement
and their respective successors and assigns, and no other person or entity shall
be deemed to have any rights hereunder against either party by virtue of this
Agreement.
26.0 Waiver
No delay or omission to exercise any right, power or remedy accruing to City
under this Agreement shall impair any right, power or remedy of City, nor shall it
be construed as a waiver of, or consent to, any breach or default. No waiver of
any breach, any failure of a condition, or any right or remedy under this
Agreement shall be (1) effective unless it is in writing and signed by the Party
making the waiver, (2) deemed to be a waiver of, or consent to, any other
breach, failure of a condition, or right or remedy, or (3) deemed to constitute a
continuing waiver unless the writing expressly so states.
27.0 Prohibited Interests; Conflict of Interest
27.1. 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 interest, 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.
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27.2. 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.
27.3. Consultant warrants and maintains that it has no knowledge that
any officer or employee of City has any interest, whether contractual, 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 Section.
28.0 Final Payment Acceptance Constitutes Release
The acceptance by Consultant of the final payment made under this Agreement
shall operate as and be a release of City from all claims and liabilities for
compensation to Consultant for anything done, furnished or relating to
Consultant's work or services. Acceptance of payment shall be any negotiation
of City's check or the failure to make a written extra compensation claim within
ten calendar days of the receipt of that check. However, approval or payment by
City shall not constitute, nor be deemed, a release of the responsibility and
liability of Consultant, its employees, subcontractors and agents for the accuracy
and competency of the information provided and/or work performed; nor shall
such approval or payment be deemed to be an assumption of such responsibility
or liability by City for any defect or error in the work prepared by Consultant, its
employees, subcontractors and agents.
29.0 Corrections
In addition to the indemnification obligations set forth above, Consultant shall
correct, at its expense, all errors in the work which may be disclosed during City's
review of Consultant's report or plans. Should Consultant fail to make such
correction in a reasonably timely manner, such correction may be made by City,
and the cost thereof shall be charged to Consultant. In addition to all other
available remedies, City may deduct the cost of such correction from any
retention amount held by City or may withhold payment otherwise owed
Consultant under this Agreement up to the amount of the cost of correction.
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30.0 Non -Appropriation of Funds
Payments to be made to Consultant by City for any Services performed within
the current fiscal year are within the current fiscal budget and within an available,
unexhausted fund. In the event that City does not appropriate sufficient funds for
payment of Consultant's Services beyond the current fiscal year, this Agreement
shall cover payment for Consultant's Services only to the conclusion of the last
fiscal year in which City appropriates sufficient funds and shall automatically
terminate at the conclusion of such fiscal year.
31.0 Mutual Cooperation
31.1. City's Cooperation. City shall provide Consultant with all pertinent
Data, documents and other requested information as is reasonably available for
Consultant's proper performance of the Services required under this Agreement.
31.2. Consultant's Cooperation. In the event any claim or action is
brought against City relating to Consultant's performance of Services rendered
under this Agreement, Consultant shall render any reasonable assistance that
City requires.
32.0 Time of the Essence
Time is of the essence in respect to all provisions of this Agreement that specify
a time for performance; provided, however, that the foregoing shall not be
construed to limit or deprive a Party of the benefits of any grace or use period
allowed in this Agreement.
33.0 Attorneys' Fees
If either party commences an action against the other party, either legal,
administrative or otherwise, arising out of or in connection with this Agreement,
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.
34.0 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.
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35.0 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
0
Attest:
By:
Jill R. Ingram, City Manager
Gloria D. Harper, City Clerk
Approved ast For
By:
raig A. Steele, City Attorney
CONSULTANT -.i Inc., a California
corporation
By:
Name: Je rey W. Coope
Its: V' resident
By:
li��
Name: MaryJo OBri
Its: Corporate Se retary
(Please note, two signatures required
for corporations pursuant to California
Corporations Code Section 313 from
each of the following categories: (i) the
chairperson of the board, the president
or any vice president, and (ii) the
secretary, any assistant secretary, the
chief financial officer or any assistant
treasurer of such corporation.)
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EXHIBIT
Consultant's Proposal
June 17, 2021
City of Seal Beach
Attn: Iris Lee
Deputy Public Works Director/City Engineer
211 Eighth Street
Seal Beach, CA 90740
NV5
SUBJECT: Construction Management and Inspection Services for the Bolsa Chica Water Well Improvements
Dear Ms. Lee,
NV5, Inc. is excited to have the opportunity to provide Construction Management and Inspection Services to the City of
Seal Beach (City) for the subject project. Our team has the knowledge and experience to assure your project is completed
on schedule and within budget. NV5's strengths include the following:
Current Partnership: Our experience and strong existing relationship with the City give us the ability to continue providing
construction support services for your projects. We operate with a working knowledge of your staff, processes and
environment, enabling us to provide outstanding cost- and time -efficient services. Specifically, our team is currently
providing on-call inspection services and has recently provided constructability review services for this project.
Relevant Experience: Our team has decades of experience providing construction management and inspection services
on projects of similar scope and size. In addition, our team recently provided constructability review services for this
project and is thoroughly familiar with the project and its requirements.
Proposed Team: Understanding both the project requirements and the scope of services requested by the City, we have
selected Project Manager/Senior Construction Manager Luanne Bean, PE, to act as the Construction Manager for
this project. Ms. Bean possesses more than 30 years of public works engineering experience with a focus on water and
wastewater capital improvement projects. Working with a variety of agencies, she is thoroughly familiar with local, state
and federal requirements. Assisting Ms. Bean on this project is Eric Charlonne. Mr. Charlonne has more than 40 years of
extensive and diverse experience in municipal engineering and construction management of capital improvement design
and construction projects, including water, streets, storm drains, sewers, parks and buildings.
For Construction Inspector, we propose Daniel Warren, who has more than 25 years of experience in public works. Mr.
Warren has a significant knowledge of all aspects of public utilities and provides expert quality control for all aspects of
potable water, sewer, and recycled water projects. As an alternate, we also propose Duane Neyens, who has more than 30
years of experience in the construction industry, including experience as a construction inspector, engineering inspections
supervisor and city construction manager. Mr. Neyens is currently providing on-call construction inspection services to the
City and is thoroughly familiar with the City and its processes.
Accessibility and Responsiveness: Our professionals take pride in providing immediate response and personal attention
to our clients' needs. Additionally, each of our Construction Inspectors has been provided with an iPad and will be using
our exclusive iPad application to prepare daily reports with photos. These reports are uploaded to our servers at the end
of each day and can be made available to the City immediately; granting you convenient, full access to the current status
and progress of your projects.
NV5 looks forward to the opportunity to work with the City and help you achieve your goals and objectives. If you need
further information, we may be reached by phone at (949) 585-0477, or electronically at luanne.bean@nv5.com and
jeff.cooper@nv5.com. Thank you for your time and consideration.
Sincerely,
NV5
i
C_
Luanne Bean E
Senior Construction Manager
for Water/Wastewater
Jef ey M. ooper, PE
Vi e President
(Authorized Signer)
163 Technology Drive, Suite 100 1 Irvine, CA 92618 1 www.nv5.com I Office: 949.585.0477 1 Fax: 949.409.8182
PROJECT UNDERSTANDING
The City is undertaking the Bolsa Chica Water Well
Improvements Project CIP No. WT1603, which is in the
final engineering design phase with engineering expected
to be completed in late spring 2021. This project will
rehabilitate the Bolsa Chica Water Well and was identified
in the 2003 Water System Master Plan. This project will
rehabilitate or replace the well site pumps, generators,
motors and water treatment equipment. This project will
significantly expand the City's existing fixed assets. The
engineering specifications allow for 370 working days of
contract duration from the NTP to the completed project.
NV5 expects a significant portion of this time frame to
be taken up in the submittal review process followed
by the material procurement process. Additionally, NV5
has seen significant impacts to material availability and
pricing due to the impacts of COVID-19, making the 370
working days appear to be a reasonable time frame for
the construction materials procurement period followed
by in -the -field construction. The City's CIP budget reflects
$765,000 for construction management and construction
moving forward into 2021 and 2022. Overall, this project
will greatly enhance the integrity and reliability of the City's
existing distribution system and restore the operations
functionality of the system. NV5's Construction Manager,
Luanne Bean, PE, has successfully completed multiple
projects of similar complexity to the Bolsa Chica Water Well
Improvements Project. Additionally, NV5 will have a certified
inspector assisting Ms. Bean in the field. The inspector will
be present on-site to assure the quality control requirements
as outlined in the plans and specifications are followed by
the construction Contractor and documented. Ms. Bean
will be your dedicated Construction Manager throughout
this project to assure the City receives a quality project
that is completed on time per the contract plans and
specifications. The Contractor's work we will be inspecting
includes the following:
• Demolition of select elements including existing well
pump/motor, discharge piping & valves, etc.
• Demolition and disposal of existing on-site sodium
hypochlorite generation systems.
• Demolition and disposal of existing natural gas engine
and shade structure.
• Demolition and disposal of existing VFD, switchboard,
and electrical cabinets/panels
• Video survey of well casing
• Well rehabilitation (optional item)
• Furnishing and installing well pump, motor, column
piping, discharge piping, waste piping, pressure relief
piping and valves.
• Construction of
new well pump
steel canopy and
foundations;
• New on-site sodium
hypochlorite
generation system.
New emergency
diesel backup
generator, ATS, and permitting with AQMD.
• New Electrical and control modifications, VFD's, and
PLCs.
• Construction of new 4 -inch drain and sewer connection
to existing Midway City Sanitary District sewer;
• Construction of AC pavement, concrete slab, concrete
curb and gutter replacement, and new CMU wall.
PROJECT -SPECIFIC ISSUES
The project specifications call for video survey of the existing
well followed by the optional item of work, cleaning the
existing well. Depending on the findings of the video survey,
different methods of cleaning may be required. An overly
aggressive cleaning methodology can actually damage an
existing well, and our Construction Manager, along with
the City staff and engineering team, will make certain that
review of the well video logs matches the methodology
to be employed by the Contractor to minimize the risk of
damaging the existing well.
COVID-19 provides another project issue, with potential
impacts to staffing and material availability and material
costs. Careful management and adherence to the City's
COVID-19 protocols are important to mitigate risks of
infection to our staff, the Contractor's workforce, and the
City and engineering staff as well. We have found that
there is a material availability issue as well that has been
impacted by COVID-19. While all material suppliers have
committed to being essential suppliers, their ability to
produce materials at the same rate as before COVID-19 may
have been adversely impacted, resulting in an imbalance
to supply and demand. Careful management of the
Contractor's submittal review and approval process should
mitigate the material supply issue by allowing the Contractor
timely material ordering capabilities once the submittals are
approved. NV5 will constantly monitor this process.
Permitting is another project -specific issue, with a
Department of Water Resources permit required for the
new facility. Additionally, a double permit through the South
Coast Air Quality Management District (SCAQMD) is required
for the new diesel generator. NV5 will assist the Contractor
and the City with the process to assure timely submission
of paperwork to these entities so that when the work is
complete, the permits are in the City's hands to operate the
newly rehabilitated facility.
PROJECT APPROACH
In order to assure the project is constructed to the
requirements of the plans and specifications, the City is
seeking a construction management firm with certified
inspectors for the duration of the project to perform shop
drawing review and approval, request for information
resolution, daily construction observation while the
Contractor is on-site in the field, special inspection for soils
compaction and materials testing, and general construction
management duties. These duties are explained in detail as
follows.
Construction Management, Inspection, and Project
Management: Your Construction Manager will also be your
dedicated Project Manager as a cost savings measure to the
City. NV5 will work with the City to:
1. Represent Your Best Interest: NV5 will represent the
City's best interest in all matters of every project.
2. Provide Leadership: NV5 lead personnel are selected
and retained because of their leadership abilities.
3. Enforce Contract Requirements: NV5 will enforce the
contract requirements of every project to assure all
provisions of the contract are met and the quality
requirements of the project are not compromised.
4. Take Ownership of the Project: NV5 CM Team
members will take a "pride of ownership" approach to
the construction of every project and will inspect the
construction works as if they were building the project
for their own personal use.
5. Deliver a High -Quality Project: The "pride of ownership"
approach assures NV5 will deliver a long-lasting,
quality project.
NV5 understands that our Construction Manager and
Inspectors make up the core of NV5's Construction
Management Team and will be integrated with the City's
team. The service life of retrofitted or newly constructed
projects depends on the construction workmanship
and quality of materials used in the construction. NV5's
Construction Management Team will make certain
materials used in the work comply with specifications and
are installed with the workmanship as required from the
Contract Documents. All transactions with the Contractor
will be transparent to the City, coordinated with the City
and documented in writing by NV5. Daily reports will be
distributed to the City.
SIGNiFICAW FEATURES
Timely Response to the CcntraCtOr far
Submittal Review, RFIs. and Change Orders
Monitoring Critical Path Submittals and Material
Procurement
v' Documented Compliance to Plans and
Specifications through Inspectors Daily Reports
Fully Coordinated Shutdowns Without Unplanned
Outages
City's Zero -Tolerance for Security Issues
Daily Coordination with the City's Project lvlanager
NV5's Project Ownership
v' Contractor's Red -Line As- BuiIts and O&M
Manuals
Disinfection, Bac-T; Startup & Testing run
timely and smoothly
� Timely Operator Training
v' City's Permit to Operate
Documented Inspection Services, including Reporting
and IlPad Daily Reports: This project will require inspection
of the work performed by the Contractor by NV5 inspectors.
Our inspectors send out an email blast at the end of
every day to quickly inform the City of the highlights of the
Contractor's work. Then our inspectors fill out an Inspector's
Daily Report to fully document the Contractor's work
products via our proprietary iPad application that can be
tailored to meet the City's needs. This application is one of
many ways NV5 is working to be innovative to get the most
accurate and timely information to the City.
Materials Testing and Compaction Verification: NV5
understands that no soils report is available for the
site. Therefore, NV5 has an allowance for Materials and
Compaction Testing, which will be coordinated by our
Inspector and Construction Manager/Project Manager. It
will include 2 prism testing of the CMU, up to 4 concrete
strength tests, 1 week of field soils compaction testing for
the foundation system, and 1 set of tests on the AC material.
We will collect these specialized material and compaction
testing reports and append them to the project files.
Written, Photographic, and Final Documentation:
Written and photographic documentation is essential to
provide a clear record of the construction to any party
who may wish to become informed of the project's
progress at any time. NV5 personnel will comply with the
documentation procedures established by the City. Daily
Observation Reports adequately describing the contractor's
accomplishments with photographic documentation will be
completed and submitted on a weekly basis to the City. The
reports will provide advance warning of potential problem
areas and will document the Contractor's progress made
in the field, any issues and their resolution supported
by the plans and specifications. Digital photographic
documentation will be provided to the City on a monthly
basis, or more often if needed for City Council Meetings and
public events. NV5 will transmit our project files to the City
and will include all project construction documentation from
daily reports, RFIs, submittals, as-builts, etc. for the City's
use and filing. NV5 will transmit the final verified red -line
as -built files received from the Contractor to the City and
their Design Engineer for incorporation into the AutoCad
final record drawings. All project documentation will be
transmitted to the City electronically on a flash drive for final
record keeping.
Traffic Control Plan, Maintaining Traffic and Public
Safety: The project is located at Old Bolsa Chica Road at
Bolsa Chica Road. A key concern during construction is
maintaining traffic and public safety, and the safety of the
Contractor's employees, the City's staff and NV5's staff is
of paramount importance. Traffic will be impacted during
the final portion of construction, when the Contractor is
repaving the entrance to the facility. Traffic Control plans
will be filed by the Contractor with the City for lane closures
during this work period. It is important that both northbound
and southbound lanes remain open during construction,
as the businesses such as the Boxes and Moving Supplies
at 13198, the Bolsa Chica Self Storage at 13197, and the
Caltrans Utility Yard at 13193 Old Bolsa Chica Road have
no other access points. NV5 will make certain that we
coordinate with the City and that Traffic Control has been
picked up whenever the Contractor is not working. NV5 will
make certain that the Contractor has properly implemented
the approved Traffic Control plan to minimize disturbances
to traffic flow.
Meetings, Project Coordination and Communication: Our
approach to this project will be to establish from the kickoff
meeting, continuing with the biweekly meetings with the
City and the Contractor, the construction schedule, a line
of communication, and a review of the Contractor's work
processes to be followed throughout the project duration.
Additional meetings will be held outside of the regular
meetings for final coordination before start up and testing
to assure that everyone involved understands what has to
be done, what their duties are, and how these items are to
be performed. NV5 will actively promote the cooperation of
all involved parties through the use of formal and informal
methods.
Lines of Communication and Team Integration: During
construction, a quick response to critical issues are one of
the keys to a successful project. Our project communication
starts at the top with our Project Manager. NV5's staff has
an open door policy with our clients, and our staff can be
reached at any time to openly discuss project issues via
cell phone. Noted corrections to the Contractor's work
by our staff will be directed to the Contractor's on-site
superintendent/foreman in responsible charge followed
by written documentation in the form of Daily Logs,
Corrective Action Notices, or other written documentation,
which would also be copied to City of Seal Beach. This
method of communication would serve to resolve conflicts
in the field in a timely manner as well as to manage and
assure effective and documented internal and external
communications. All of our staff will be an integrated
team with the City. We will work directly with the City in
person or electronically to assure that the City's requests
are addressed in a timely fashion followed by written
documentation of critical decisions as necessary.
City's Engineer -Furnished Services: NV5 assumes that
the City's design consultant (Engineer) will be available to
answer questions during the project, especially with regard
to those items that may have an extensive history or to
those items that the City may have a strong preference
for. NV5 assumes that the City will assist in coordinating
and providing the existing project documentation prior
to construction and provide timely assistance during the
construction process for items that require the City's
review or consent, such as substitutions or corrections of
the Contractor's defective work. NV5 will keep the City's
Engineer informed as the project progresses, paying
particular attention to critical items, cost, and construction
schedule.
Pre -Construction Phase, Field Verification, RFIs and
Submittals: Much of the key and critical work will be
performed during the preconstruction phase. The Contractor
must pothole to verify the connection pipeline sizes and
configurations prior to submitting the shop drawings. NV5
understands that the critical path of this project involves
the submittal review and material procurement process and
will work with the City to expedite those critical submittals.
Accurate submittal review and RFI response in a timely
fashion is the first step to assuring project compliance
in accordance with the requirements of the plans and
specifications. Our assigned Construction Manager will
perform a thorough review of the Contractor's submittals
and inform the City of anything significant found in the
review. This work includes review and approval of shop
drawings, answering RFIs, and the Contractor's ordering
of the materials, including the long -lead valves and other
critical path materials. During this time period, NV5 will work
together with the City and the Contractor through meetings,
conference calls, emails and telephone calls to keep the
City informed and in the loop on all project details. NV5 has
assumed that the City's design engineer will be available to
respond to technical submittals and RFI, and that NV5 in
general can manage the non-technical submittals and RFIs
as a fully integrated team. NV5 will track and manage all
submittals and RFIs throughout the review process.
Utility Location: It remains the Contractor's responsibility
to identify and mark all underground utilities within the
project area that may be in the way of the work. Existing
utility crossings can slow a project and cause change orders
if not encountered as shown on the plans. NV5 will make
certain that the Contractor properly performs the USA alerts,
and that the Contractor potholes all known utility locations.
We will assure that the Contractor locates utilities, calls/
follows up with the USA DigAlert for public utilities prior to
construction and notes any deviations from the utilities
shown on the plans for clarification by the City and our staff.
Dewatering & NPDES Permits, 13MPs, and Double
Permits: A dewatering plan is required to be submitted
by the Contractor well in advance, detailing how the
Contractor intends to dewater, including not allowing the
water within the pit to rise to the invert of the pipeline,
thus contaminating the pipeline, as well as pumping and
discharge locations. Once the City enacts a shutdown, the
Contractor will have to dewater the pipelines to be removed,
in accordance with the approved dewatering plan and the
City's NPDES permit. NV5 will assure that the Contractor
has adequate pumps and backup pumps on-site to make
certain that the level of the water accumulating within the
excavation does not flood the excavation to the degree that
the water level rises to the elevation of the bottom of the
pipe, thereby contaminating the entire reach of pipeline
between the existing shutdown valves. During excavation
and earth -moving activities, NV5 will make certain that the
Contractor has the appropriate BMPs in place to avoid track
off, for example, to the City streets, and runoff, should a rain
event occur.
Construction Safety and Public Safety: Safety is NV5's top
priority, and safety in and around the construction planned
by your projects will be of concern for project participants.
NV5 is committed to developing a positive safety culture
and delivering the highest standard of health and safety
performance. Safety is always a priority for NV5. Our
goal is "Zero Incidents" on every project, which is why all
construction management personnel are OSHA -trained.
Shutdown and Startup and Testing and Disinfection
Coordination: The City's design engineers have detailed
in the specifications the required coordination from the
Contractor for the shutdown, testing, and startup of the
facility. These specifications require a specific notice from
the Contractor to the City. The specifications require the
Contractor to submit a written startup and testing plan
for review and approval a week in advance of startup
and testing. NV5 will schedule coordination meetings in
advance of the testing and startup. These meetings with
the Contractor and the City will enable the Contractor to
place the appropriate and agreeable information in his
written testing and startup plan. Furthermore, NV5 will make
certain the Contractor appropriately places the disinfection,
testing, and startup, and tie-ins on the CPM schedule. NV5
understands that the lab samples must be taken on two
consecutive days, commencing 24 -hours post disinfection
to test for Bac-T and HPC. NV5 will make certain these
specifications are understood in advance by the Contractor,
minimizing the risk to the City so that all work proceeds per
plan on the final startup, testing, and commissioning of the
new facility.
Protection for Existing Elements: Certain portions of the
existing facility are to remain. NV5 will make certain that
the Contractor takes adequate precautions to protect these
elements in place.
Hazardous Materials: While we do not expect to encounter
hazardous materials here, it is not unreasonable to be on
the lookout for hazardous materials during demolition and
excavation. For example, while an active oil or gas line is
usually marked by USA, often abandoned oil or gas lines
are not. Lead and asbestos may also be encountered in the
existing facilities' painted pipelines, for example. NV5 will
immediately alert the City should the Contractor encounter
a hazardous material. Then we will fully document this
and work with the City and the Contractor for an effective
resolution.
Public Interaction: NV5 is the first line that the public
sees on a day-to-day basis, and Ms. Bean's 24/7 contact
information can go out on flyers if required. This project
affects the Old Bolsa Chica Road intersection as well as
the adjacent businesses and traffic directly. We will listen
to the public's concerns and provide the appropriate
information, such as schedule duration and what the work
involves. We also will be sure to pass on any information to
the City if requested by the public. Since we are right there
interacting directly with the public, it is imperative that NV5
represents the City's interests and listens to and resolves
any complaints about the project so that the complaints do
not escalate.
Liquidated Damages: Liquidated damages are in place
within the Special Provisions of the specifications. This
means that NV5 has a duty to evaluate the Contractor's
Critical Path Construction Schedule and alert the City and
the Contractor of elements that may extend the duration of
the Contract. Durations will be evaluated for merit extension
based on a Time Impact Analysis to be performed by the
Contractor and reviewed by NV5. TIAs will prove merit or not,
and based on these analyses, NV5 will recommend either a
time extension with or without extended overhead due the
Contractor or liquidated damages against the Contractor.
Our review and recommendations provide the City with
the necessary information to make informed decisions
regardingtime.
Duration and Timing: This project has a duration of 370
working days, which includes shop drawing production,
material procurement and field installation of the work.
Long -lead time for the valves is included, and field time
to perform the renovations also includes pre -construction
notifications, video/photography and potholing, plus the
full construction work. Additionally, all work, including
facility disinfection, Bac-T testing, startup and testing,
0&M manuals, and closeout, must be completed within
this time frame. It is critical that the Contractor's baseline
Critical Path Schedule allow for sufficient time to complete
these activities per the specifications, and NV5 will be on
the lookout for these and other elements during the review
process. We have allocated time in our fee schedule for nine
(9) months of inspection and construction management
given the large amount of time for procurement of materials
on the Contractor's side prior to commencement of
construction activities.
Claims Avoidance: Claims and change orders can be
minimized with advance knowledge of potential problem
areas. This is best accomplished by a thorough review of the
plans and specifications, together with field investigations
as noted by our on-site staff. Minimizing claims leads to less
cost, fewer schedule delays and fewer problems. NV5 will
assist with identifying potential claims and meet with the
City to help resolve any problems.
Cost Control: Cost control begins with our Notice to Proceed
from the City. This is a feature that involves both our internal
project costs and the construction costs from the Contractor,
since both of these are separate contracts by the City that
NV5 must monitor and control. To monitor our internal costs
and schedules, specific control systems are established and
updated regularly within NV5. To monitor the Contractor's
costs, NV5 will evaluate the Contractor's Schedule of Values
and Pay Requests as compared to the work completed
and the Contractor's schedule. Only work completed will
be allowed to be submitted in the Contractor's properly
formatted Pay Request, complete with the required lean
releases, schedule update and certified payrolls. By
monitoring the Contractor's baseline schedule against the
actual earned value of the schedule, it can be estimated
if the Contractor is ahead of or behind in schedule, and
therefore construction costs. NV5 will alert the City if the
Contractor falls behind schedule, because often this means
the Contractor is losing money and often will try and cut
corners to catch up, which will not be tolerated by NV5.
Resolving Issues: NV5 has a vast array of experience from
other projects that readily applies to the City's project.
Our experienced on-site Construction Inspectors and
Construction Manager will always be on the lookout to
protect the City's interest in the Contractor's execution of
construction of the work. Quick resolution of issues and
keeping all parties informed will result in mitigating project
time and cost impacts.
Dust, Trash and Noise Control: These are always sensitive
issues on construction projects, and more so for this
project since we will be working adjacent to private property
and public businesses. It is extremely important for the
Contractor to keep the construction site clean, as the
Contractor's activities directly impact private property and
adjacent businesses. The Construction Inspector will be
proactive in identifying potential problems in the areas of
dust control, trash, and noise pollution. Our Construction
Inspector will work with the Contractor to avoid public
complaints.
Contractor's Schedule of Values and Pay Requests:
The Contractor's Schedule of Values and Pay Requests
will be reviewed for accuracy by NV5 prior to making the
appropriate payment recommendations to the City. We
will recommend approval or disapproval to the City by
comparison to known and monitored quantities of on-
site materials and work completed. NV5 will assure that
the additional paperwork required within the Contract
Documents, such as labor data and schedule updates, are
included within the pay request.
SCOPE OF SERVICES + APPROACH
Construction
Project Acceptance
and Close Out
Construction Inspector
Generate Final
Construction Manager
Responsibilities
Responsibilities
Punch List
Keep City's Project
Keep Project
Final Inspection
Manager Informed
Manager Informed
• Project Manager
• Administer Project Plan
• Quality Assurance
• Design Engineer
• Quality Assurance
• Prepare Daily Reports
• Construction Manager
• Monitor Construction Schedule
• Monitor Approved Plan
• Cost Management Review
Changes
• Project Team Coordination
• Administer Permits
Review and Submit
• Public Relations
• Public Relations
Record Drawings
• Change Order Management
• Quantity Verification
• Utility Coordination
• Progress Photographs
• Submittal Log/Processing
• Review Progress Payments
0&M Manuals
• Progress Payment Processing
• Monthly Summary Report
Review, Train, Submit
Review Work
• Identify Correction When
Review and Approve
Coordinate Inspection, Testing,
Discovered
Final Payment
Startup, Permitting
• Monitor Report Drawings
• Manage RFIs
• Weekly Meetings
Maintain Construction File
Final Construction
• Assist Contractor with double
Reports
SCAQMD Generator Permit
Provide Construction
• Start up
Project File to City's
• Assist City with Permit to
Project Manager
Operate
City of Seal Beach NV5 1 6
SCOPE OF SERVICES
A. Construction Management and Project
Management: Construction Management and Project
Management services to provide oversight part time
during 24 months of the total project, including 6
months of the anticipated construction activities.
Our Construction Manager/Project Manager will
coordinate the work, and be on-site to resolve issues
as needed. Additionally, our Construction Manager/
Project Manager will keep the City informed of the
progress of the project on a regular basis. Ms. Bean
is also available on a 24/7 basis should something
arise needing immediate attention after hours.
B. Inspection: Provide Daily Inspections and
Documentation throughout the project once the
Contractor mobilizes to the site. We anticipate this
will be six (6) months in construction, requiring full-
time and/or part-time inspection. NV5's inspections
are designed to document required compliance with
the City's quality control requirements as outlined
in the approved plans and specifications. Inspection
work is prevailing wage, and the requirements of the
State of California Department of Industrial Relations
will be followed with the first 8 hours at regular time,
and 1.5 times the base rate for 8 to 12 hours and
Saturday work, and double time for overtime and
Sunday work. A daily email to all parties that includes
the work completed that day will be sent. Additionally,
NV5 has our iPad system for inspectors' daily reports,
which will be regularly uploaded to a drop box for
the City's use and project documentation of the
inspections.
C. Meetings: Bi -weekly Teams Meetings will be
initiated for this project with the City, the City's
Design Engineer as needed, the Contractor, utility
companies as needed, and permitting agencies as
needed to keep the project team informed. A project -
specific Agenda will be developed and Minutes
issued promptly after each meeting. Up to six (6)
limited on-site meetings will be held to resolve site-
specific issues that cannot be resolved over a Teams
conference.
D. Submittals and RFIs: NV5 will coordinate submittal
review and answering RFIs with the City's Design
Engineer. NV5 will log, forward and follow up with the
City's Design Engineer for processing of technical
submittals and RFIs. NV5 will review non-technical
submittals and respond to non-technical RFIs.
E. Materials and Compaction: NV5 has an allowance
for Materials and Compaction Testing, which will be
coordinated by our inspector and our Construction
Manager/Project Manager. This will include 2 prism
testing of the CMU, up to 4 concrete strength tests,
1 week of field soils compaction testing for the
foundation system, and 1 set of tests on the AC
material. We will collect these specialized material
and compaction testing reports and append them to
the project files.
F. Public Relations: Our on-site Inspector will
coordinate and our Construction Manager will be
available on-site as necessary to assist the City and
the Contractor in the public relations relative to the
project. No flyers or other Public Relations work will
be developed, but are available as an additional
service.
G. Change Order Review: Our team will provide
validation of the Contractor's change orders, up
to eight (8), for eligibility and verification of costs
for labor, materials and equipment, with final
recommendations to the City for approval.
H. Contractor's Payment Application: Our on-
site inspector will review the quantities in the
Contractor's monthly update of the Schedule of
Values and forward to our Construction Manager
for final review of Contractor Pay Applications with a
recommendation to the City for payment.
I. BMP Inspection: Our on-site inspector will verify that
the Contractor has installed the appropriate BMP and
NPDES materials to control erosion on a daily basis,
along with a pre -storm inspection. No documents
will be uploaded into the State's Water Board Storm
Water Report and Tracking System.
J. Startup, Testing and Permitting: Our Construction
Management Team will assist the City with final
startup and testing and SCADA integration to the City.
Our Construction Management Team will assist the
City with the City's Permit to Operate, and assist the
Contractor with the acquisition of the double permit
through SCAQMD for the diesel generator.
K. Documentation: Final As -Built drawings will be
reviewed for conformance and passed on to the
City's Design Engineer for their incorporation into the
AutoCad files. All construction project documentation
files will be provided to the City electronically at
closeout.
ORGANIZATION CHART
Our team of experts bring direct, relevant, successful and current experience working on projects of similar scope and
complexity. We are equipped with the resources to provide the City with the requested construction management and
inspection services. NV5 staff has been previously submitted in our On -Call Contract with the City, and therefore resumes
are not repeated within this letter. Shown below are team roles and responsibilities. No person designated as key
personnel shall be removed, replaced, or reallocated without prior written concurrence of the City.
Jeffrey M. Cooper, PE
Luanne Bean, PE Eric Charlonne
Daniel Warren
Duane Neyens (Alternate)
GRAVES RESERVOIR
CITY OF SOUTH PASADENA I SOUTH PASADENA, CA
Our team provided comprehensive construction management and
inspection services on the demolition and construction of a new 1.2 -mg
partially buried cast -in-place reservoir. An existing well was re -equipped
as the source of groundwater for the reservoir. The existing well pump
was renovated, and a new pumping station was constructed with two
1,400-gpm VFD pumps that pump from the reservoir to the City water
system. A new sodium hypochlorite generation system, new pre-treatment
with state-of-the-art GAC for PCE and CC14 removal followed by a new ion
exchange system for removal of nitrate as NO3, C104 and sulfate was
installed. The new pump house is controlled by a PCIS system composed
of approximately 80 new instruments with approximately 80 new I/Os.
These new signals are routed through the new PLCs, HMIs, and SCADA.
........................................................................................................
DATES: AUGUST 2018 -SEPTEMBER 2020
BANKFIELD LIFT STATION
CITY OF CULVER CITY I CULVER CITY, CA
NV5 provided construction management and inspection services for
the construction of the Bankfield Sewer Pump Station. The new pump
station receives diverted flows from two existing pump stations, and
possibly diverted flows from two more pump stations at a later date. The
new pump station has a 10 -foot -by -20 -foot sewer wet well that is 35 feet
deep, constructed in groundwater with a discharge permit to the City of
LA Interceptor since the water was contaminated and RWQCB would not
issue a permit to discharge to storm drain. There are two submersible
pumps, a flow meter vault, a valve vault, a bypass vault for the two force
mains, and an emergency diesel -fueled backup electrical generator.
There is also a 25 -foot -by -20 -foot building to house instrumentation and
SCADA systems, a bathroom and electrical components.
_........................................................................................................
DATES: OCTOBER 2018 -AUGUST 2020
REVERSE OSMOSIS WATER TREATMENT PLANT
CITY OF BEVERLY HILLS I BEVERLY HILLS, CA
NV5 is serving as the City's (Owner's) Representative during the design
and construction of a pre-treatment system for the City's existing Reverse
Osmosis Water Treatment Plant. Our team is overseeing the planning,
design, and construction, as well as a period whereby the plant will be
commissioned, tested, permitted, and City Operations Staff trained prior
to project closeout. The project also includes evaluation and necessary
upgrades to the entire water supply system, including upgrade of the
ROWTP to bring it to warranty condition; integration of SCADA to all
system elements; evaluation and identification of trends in the raw water
supply quality from both the City wells and MWD; and recommended
upgrades to City well head facilities. Full suite construction management
and inspection services are being provided during construction.
-........................................................................................................
DATES: OCTOBER 2018 -CURRENT
Fee Proposal
N V 5 City of Seal Beach
Construction Management and Inspection Services
BOLSA CHICA WATER WELL IMPROVEMENTS
Proiect CIP No. WT1603
TASK
NO.
WORK DESCRIPTION
Construction
Manager/Project
Manager
$180
HOURS $
Construction
Inspector
$138
Assistant
Construction
Manager
$150
Materials Testing
(allowance -avg.
rate***)
$134
Materials Report
(allowance -avg.
rate***)
$118
HOURS $
Documents Control
$90
HOURS $
ODCs
(15% Markup)
FEE
HOURS $ HOURS $ HOURS $
1
Construction Manager & Project Management (For 6 Mo
Field, 349 WD Office
120 $21,600
$0
80 $12,000
$0
$0
$0
$33,600
2
Inspection (6 Months Duration 1 EFT)
$0
1040 $143,520
$0
$0
$0
32 $2,880
$146,400
3
Meetings (Bi -Weekly Teams, 6 On -Site)
72 $12,960
$0
40 $6,000
$0
$0
$0
$140
$19,100
4
Submittals &RFPs
16 $2,880
$0
32 $4,800
$0
$0
16 $1,440
$9,120
5
Materials and Compaction (Allowance)
Soils Compaction (40 Hr) Sp Insp Conic & Masonry (40 Hr)
Sample PU 16 Hr
96 $12,880
22 $2,599
$15,479
Compression Strength / Concrete Cylinders - 8 Tests
$368
$368
Compaction Curves / Dry density Test D1557 - 2 Tests
$437
$437
Masonry Block per set of 9 - 2 Tests
$1,035
$1,035
Rebar Tensile and Bend - 4 Tests
$456
$456
6
Public Relations
16 $2,880
$0
$0
$0
$0
$0
$2,880
7
Change Order Review (Up to 8)
48 $8,640
$0
48 $7,200
$0
$0
$0
$15,840
8
BMP Inspection (Inc in Line 2)
$0
$0
$0
$0
$0
$0
$0
9
Startup, Testing, and Permitting
35 $6,300
$0
24 $3,600
$0
$0
$0
$9,900
10
Documentation
$0
$0
24 $3,600
$0
$0
24 $2,160
$5,760
Subtotal
307 $55,260
1040 $143,520
248 $37,200
96 $12,880
22 $2,59972
$6,480
$2,436
` I he method or compensation will be based on time and materials In accordance with the rates provided In this tee proposal. I he estimated hours are provided Tor each tasK and the actual hours may vary. I he total
compensation for the services and work rendered will not exceed the total fee.
** Prevailing Wage Rates apply including 1.5 x rate for 8 to 12 hours, Saturday work, and holiday work. Double time rates for over 12 hours and Sunday work.
*** Includes a 15% MU on Subconsultants
EXHIBIT B
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 determination 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
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 performed 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 which
require every employer to be insured against liability for workers'
compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract."
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 between 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 prevailing 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 STAFF REPORT
�1'',,C'QCIFORN�P'r
DATE: July 26, 2021
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Steve Myrter, P.E., Director of Public Works
SUBJECT: Notice of Completion for Navy Reservoir External Cathodic
Protection System Improvements, CIP WT2107
SUMMARY OF REQUEST:
That the City Council adopt Resolution 7175:
1. Accepting the Navy Reservoir External Cathodic Protection System
Improvements, CIP WT2107, by J&L Constructors, Inc. in the amount of
$63,927.05; and,
2. Directing the City Clerk to file a "Notice of Completion" with the Orange
County Clerk -Recorder within fifteen (15) days from the date of
acceptance and to release retention 35 days after recordation of the
Notice of Completion contingent upon no claims being filed on the
Project.
BACKGROUND AND ANALYSIS:
The Navy Reservoir External Cathodic Protection System Improvements
provided a cathodic protection system for use in increasing the reservoir's
resiliency against corrosion.
On April 12, 2021, the City Council adopted Resolution 7134, and awarded a
contract to J&L Constructors, Inc. for the Project in the amount of $59,900 and
established a construction contingency in the not -to -exceed amount of $10,000.
The Project has been completed to the satisfaction of the City Engineer. The
Project was inspected and meets all standards and requirements within the
Project specifications. It is requested that the City Council formally accept the
Project, direct staff to file a Notice of Completion with the Orange County Clerk's
Office, and release the retention 35 days after recordation of the Notice of
Completion contingent upon no claims being filed on the Project.
Agenda Item H
ENVIRONMENTAL IMPACT:
This Project complies with all requirements of the California Environmental
Quality Act (CEQA) and is categorically exempt under section 15301 (c) of the
CEQA Guidelines.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved the resolution as to form.
FINANCIAL IMPACT:
The approved construction contract budget plus established construction
contingency totals $69,900. The table below presents a breakdown of the total
construction Project cost:
Description Amount
Construction Bid Items $ 59,900.00
Contract Change Orders $ 4,027.05
Project Cost $ 63,927.05
A $10,000 contract contingency was established at the time of construction
contract award. One (1) change order in the amount of $4,027.05 was issued to
provide insulation protection for the pipeline going into and out of the reservoir.
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 7175:
1. Accepting the Navy Reservoir External Cathodic Protection System
Improvements, CIP WT2107, by J&L Constructors, Inc. in the amount of
$63,927.05; and,
2. Directing the City Clerk to file a "Notice of Completion" with the Orange
County Clerk -Recorder within fifteen (15) days from the date of
acceptance and to release retention 35 days after recordation of the
Page 2
Notice of Completion contingent upon no claims being filed on the
Project.
l;011J:3LTA IIaIa1911-YA
Steve Myrter
Steve Myrter, P.E., Director of
Public Works
NOTED AND APPROVED:
Jill R. Ingram
Jill R. Ingram, City Manager
Prepared by: Iris Lee, Deputy Public Works Director/City Engineer
ATTACHMENTS:
A. Resolution 7175
B. Notice of Completion
Page 3
RESOLUTION 7175
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
ACCEPTING COMPLETION OF THE NAVY RESERVOIR
EXTERNAL CATHODIC PROTECTION SYSTEM
IMPROVEMENTS, CIP WT2107, AND DIRECTING THE FILING
OF A NOTICE OF COMPLETION FOR THE PROJECT
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City accepts the completion of the Navy Reservoir External
Cathodic Protection System Improvements, CIP WT2107 (the "Project") by J&L
Constructors, Inc. in the amount of $63,927.05 for the work performed.
Section 2. The City Clerk is hereby directed to file a "Notice of Completion" for
the Project with the Orange County Clerk -Recorder within fifteen (15) days of the
date of this resolution and to release retention 35 days after the recordation of
the Notice of Completion contingent upon no claims being filed on the Project.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a
regular meeting held on the 26th day of July 2021 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Joe Kalmick, 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 7175 on file in the office of
the City Clerk, passed, approved, and adopted by the City Council at a regular
meeting held on the 26t" day of July 2021.
Gloria D. Harper, City Clerk
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
CITY OF SEAL BEACH
Attn: City Clerk
211 - 8th Street
Seal Beach, CA 90740
Space of above this line for Recorder's use.
*** No Recording Fee Pursuant to Government Code Section 6103, 27383 ****
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 9204, must be filed within 15 days after completion.
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated
below in the property hereinafter described:
2. The full name of the owner is: City of Seal Beach.
3. The address of the owner is: 211 — 8th Street, Seal Beach, CA 90740.
4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach.
5. A work of improvement on the property hereinafter is described as substantially completed on
June 30, 2021. The work was Navy Reservoir External Cathodic Protection System
Improvements, CIP No. WT2107.
6. The name of the contractor(s), if any, for such improvement was: J&L Constructors, Inc. The
date of the Contract Award was April 12, 2021.
7. The property on which said work of improvement was completed in the City of Seal Beach,
County of Orange, State of California, and is described as follows: APN 043-160-38.
Date:
Director of Public Works, P.E, City of Seal Beach
Signature of owner or corporate officer of owner
named in paragraph 2 or agent.
VERIFICATION
I, the undersigned, say: the Director of Public Works declarant of the foregoing notice of
completion; have read said notice of completion and know the contents thereof; the same is true
of my own knowledge.
I declare under penalty of perjury the foregoing is true and correct.
Executed on , 2021, at Seal Beach, California.
(Date of Signature)
Director of Public Works, City of Seal Beach
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AGENDA STAFF REPORT
�1'',,C'QCIFORN�P'r
DATE: July 26, 2021
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Steve Myrter, P.E., Director of Public Works
SUBJECT: Awarding and Authorizing the City Manager to Execute a
Professional Maintenance Services Agreement with ACCO
Engineered Systems, Inc. for HVAC Maintenance and Repair
Services
SUMMARY OF REQUEST:
That the City Council adopt Resolution 7176:
1. Approving and awarding a professional maintenance services agreement
with ACCO Engineered Systems, Inc., in the amount of $60,598.58 to
provide HVAC Maintenance and Repair Services for a one-year term; and,
2. Authorizing and directing the City Manager to execute the Agreement;
and,
3. Authorizing the City Manager the option to extend the Agreement up to
four (4) additional one-year terms after its original term.
BACKGROUND AND ANALYSIS:
The City owns and maintains ten facilities with HVAC systems, which includes
City Hall, community centers, and utility support facilities. The HVAC systems
provide proper heating and cooling for staff and visitors. Maintenance of these
systems are usually performed by licensed contractors having the appropriate
certification and expertise.
Staff solicited HVAC Maintenance and Repair Services utilizing The Gordian
Group EZIQC — Contract #: CA -REN -SCR -M01 -062718 -AES, as permitted by
the City of Seal Beach Municipal Code Section 3.20.025(D). The code provides
for an exemption from the City's competitive bidding requirements for purchases
made in cooperation with the state, the county or another government entity for
the purpose of obtaining a lower price upon the same terms, conditions and
specifications. Prices under this cooperative purchasing program are
competitively solicited and provides the best overall government pricing.
Agenda Item I
On June 18, 2021, the City received a proposal from ACCO Engineered
Systems, Inc. (ACCO) in the amount of $60,598.58. This scope -of -work would
generally include routine preventative maintenance and a $15,000 allowance for
unexpected related repair work. The ten locations include:
• Bolsa Chica Water Well
• City Hall
• City Yard
• Mary Wilson Library/Senior Center
• Marina Community Center
• North Seal Beach Community Center
• Old City Hall
• Police Pier Substation
• Police Headquarter
• Seal Beach Tennis Center
The contract term is for one (1) year and the City will have the option to extend
the contract term for up to four (4) additional one-year terms. The contract does
allow for rates to be adjusted for each one-year renewal term. This rate would be
the lesser of either (a) the most recent cooperative purchasing program renewal
pricing, or (b) five percent of the total contract price.
ENVIRONMENTAL IMPACT:
This item is categorically exempt from the California Environmental Quality Act
("CEQA") pursuant to Section 15301(b) and (d) (Existing Facilities) of the State
CEQA Guidelines because it would involve ongoing maintenance and repair of
existing mechanical equipment involving no expansion of use.
Environmental impacts associated with each task order will be assessed under a
separate effort.
LEGAL ANALYSIS:
The City Attorney has approved the agreements and resolution as to form.
FINANCIAL IMPACT:
All services under this Agreement would be related to general building
maintenance. Costs incurred would be charged to the appropriate fund's
operation and maintenance budget. Therefore, no additional appropriation is
required at this time.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
Page 2
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 7176:
1. Approving and awarding a professional maintenance services agreement
with ACCO Engineered Systems, Inc., in the amount of $60,598.58 to
provide HVAC Maintenance and Repair Services for a one-year term; and,
2. Authorizing and directing the City Manager to execute the Agreement;
and,
3. Authorizing the City Manager the option to extend the Agreements up to
four (4) additional one-year terms after its original term.
[•Y�J:3ul�����1:�'fl
Steve Myrter
Steve Myrter, P.E., Director of
Public Works
NOTED AND APPROVED:
Jill R. Ingram
Jill R. Ingram, City Manager
Prepared by: Iris Lee, Deputy Public Works Director/City Engineer
ATTACHMENTS:
A. Resolution 7176
B. Agreement with ACCO Engineered Systems, Inc.
Page 3
RESOLUTION 7176
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
AWARDING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE PROFESSIONAL MAINTENANCE SERVICES
AGREEMENT WITH ACCO ENGINEERED SYSTEMS, INC.
FOR HVAC MAINTENANCE AND REPAIR SERVICES
WHEREAS, the City solicited proposals for HVAC Maintenance and Repair Services
(Work) utilizing The Gordian Group EZIQC cooperative purchasing program pursuant
to the exemptions from competitive bidding as permitted by the City of Seal Beach
Municipal Code Section 3.20.025 (D); and,
WHEREAS, the City received a responsible and responsive proposal from ACCO
Engineered Systems, Inc. (ACCO) in the amount of $60,598.58 for the Work; and,
WHEREAS, ACCO is a qualified firm to perform the Work.
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City Council hereby awards a Professional Maintenance Services
Agreement (Agreement) to ACCO Engineered Systems, Inc. for HVAC
Maintenance and Repair Services in a not -to -exceed amount of
$60,598.58 for the original one-year term.
Section 2. The City Council hereby authorizes the City Manager to extend the
Agreement to ACCO Engineered Systems, Inc. for up to four (4)
additional one-year terms at her discretion.
Section 3. The City Council hereby authorizes and directs the City Manager to
execute the Agreement on behalf of the City.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular
meeting held on the 26th day of July 2021 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Joe Kalmick, 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 7176 on file in the office of the
City Clerk, passed, approved, and adopted by the City Council at a regular meeting held
on the 26th day of July 2021.
Gloria D. Harper, City Clerk
PROFESSIONAL MAINTENANCE SERVICES
AGREEMENT
for
HVAC Maintenance and Repair Services
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
ACCO Engineered Systems, Inc.
2201 Park Place, Suite #400
EI Segundo, CA 90245
(424) 201-0153
This Professional Maintenance Services Agreement ("the Agreement") is made as of
July 26, 2021 (the "Effective Date"), by and between ACCO Engineered Systems, Inc.
("Contractor"), a California corporation, and the City of Seal Beach ("City"), a California
charter city, (collectively, "the Parties").
RECITALS
A. City desires certain HVAC maintenance services including regularly
scheduled preventative maintenance, related repairs, and on-call emergency
and unexpected maintenance tasks.
B. Pursuant to the authority provided by its City Charter and Seal Beach
Municipal Code § 3.20.025(D), City solicited proposals for such services
through The Gordian Group EZIQC Contract No.: CA -REN -SCR -M01 -062718 -
AES.
C. Pursuant to The Gordian Group EZIQC Contract No.: CA -REN -SCR -M01-
062718 -AES, Contractor submitted a proposal to the City for regularly
scheduled HVAC preventative maintenance, related repairs, and on-call
emergency and unexpected maintenance tasks, dated June 18, 2021, in the
amount of $60,598.58 ("Accepted Proposal" hereinafter), attached hereto as
Exhibit A and incorporated herein by reference, which constitutes the lowest
acceptable bid. The Accepted Proposal contains, among other things,
provisions defining the scope of services.
D. City desires to engage Contractor as an independent contractor to provide
HVAC maintenance and repair services in the manner set forth herein and more
fully described in Section 1.0.
E. Contractor represents that the principal members of its firm are qualified
California licensed contractors (License #120696, DIR #1000000546) 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 conditions stated herein, the Parties hereto agree
as follows.
AGREEMENT
1.0 Scope of Services
1.1. Contractor shall provide those HVAC maintenance, related repairs,
and on-call emergency and unexpected maintenance tasks (collectively
"Services") set forth in the Contractor's Proposal ("Accepted Proposal", Exhibit
A), Sourcewell Indefinite Quantity Construction agreement (Exhibit B), and Labor
Code requirements (Exhibit C), attached and incorporated herein by this
reference. To the extent that there is any conflict between Exhibit A, Exhibit B,
Exhibit C, and this Agreement, this Agreement shall control.
2of20
1.2. Contractor 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, Contractor 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,
Contractor hereby represents that it has the experience necessary to undertake
the Services to be provided. In light of such status and experience, Contractor
hereby covenants that it shall follow the customary professional standards in
performing all Services. The City relies upon the skill of Contractor, and
Contractor's staff, if any, to do and perform the Services in a skillful, competent,
and professional manner, and Contractor and Contractor's staff, shall perform the
Services in such manner. Contractor shall, at all times, meet or exceed any and
all applicable professional standards of care. The acceptance of Contractor's
work by the City shall not operate as a release of Contractor from such standard
of care and workmanship.
2.0 Term
2.1. The term of this Agreement shall commence as of the Effective
Date and shall continue for a term of one (1) year ("Original Term") and shall
expire at midnight on July 26, 2022, unless sooner terminated or extended as
provided by this Agreement.
2.2. The City, at its sole option, may elect to extend the Original Term of
this Agreement, upon the same terms and conditions, for up to four (4) additional
terms of one year each ("extension"), by providing written notice to Contractor at
least one month prior to the expiration of an existing term. If timely elected by the
City, the first extension shall have a term extending from July 26, 2022 through
and including July 26, 2023, unless sooner terminated or extended pursuant to
this Agreement. If timely elected by the City, the second extension shall be from
July 26, 2023 through and including July 26, 2024, unless sooner terminated
pursuant to this Agreement. If timely elected by the City, the third extension shall
have a term extending from July 26, 2024 through and including July 26, 2025,
unless sooner terminated or extended pursuant to this Agreement. If timely
elected by the City, the fourth extension shall be from July 26, 2025 through and
including July 26, 2026, unless sooner terminated pursuant to this Agreement.
Any extension shall not be effective except upon execution of a written
amendment to this Agreement signed by the City Manager and Contractor's
authorized representatives.
3of20
3.0 Contractor's Compensation
3.1. City will pay Contractor in accordance with the rates shown on the
fee schedule set forth in Exhibit A for the Services assigned by City but in no
event will the City pay more than the total not -to -exceed amount of $60,598.58
(Sixty Thousand Five Hundred Ninety Eight and 58/100 dollars) for the Original
Term.
3.2. In the event that City elects to extend the Original Term in
accordance with Section 2.2 of this Agreement, City will pay Contractor in
accordance with the rates shown on the fee schedule set forth in Exhibit A for
Services, subject to the following:
3.2.1 The rates set forth in Exhibit A may be adjusted for each
one-year renewal term. Not later than one (1) month prior to the expiration of the
Original Term or any one-year extension, Contractor may request hourly rate
and/or unit price increases for each extension that shall not exceed the rate of
change of the lesser of either (a) the most recent Sourcewell Annual Renewal
and Modification of Agreement or (b) five percent (5%)of the total contract price
set forth in Section 3.1.
3.3. Contractor will not be compensated for any work performed not
authorized by City and specified in Section 1.0, Scope of Services, unless 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. Payment for additional work in excess of this
amount requires prior City Council authorization. Any additional work authorized
by the City Council pursuant to this Section will be compensated in accordance
with the fee schedule set forth in Exhibit A and/or any modified rates agreed to
by City pursuant to Section 3.2.1 for any extension.
4.0 Method of Payment
Contractor 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 Contractor within 30 days of receiving Contractor's
invoice. City will not withhold any applicable federal or state payroll and other
required taxes, or other authorized deductions from payments made to
Contractor.
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5.0 Termination
5.1. This Agreement may be terminated by City, without cause, or by
Contractor 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
Contractor if Contractor 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.
5.3. In the event of termination, City shall compensate Contractor for all
services satisfactorily performed up to the date of termination. City shall not be
obligated to Contractor for services performed after the date of termination.
Contractor shall deliver all records, equipment and materials (to the extent
equipment and/or materials are owned by City), finished or unfinished
documents, reports, photographs, films, charts, data, studies, surveys, drawings,
models, maps, or other documentation related to the performance of this
Agreement to City within three (3) business days of the date of expiration or
termination of this Agreement. Neither party shall have any other claim against
the other party by reason of such expiration or termination.
6.0 Party Representatives
6.1. The City Manager is the City's representative for purposes of this
Agreement.
6.2. Andy Lufkin is the Contractor's primary representative for purposes
of this Agreement. Andy Lufkin shall be responsible during the term of this
Agreement for directing all activities of Contractor and devoting sufficient time to
personally supervise the Services hereunder. Contractor 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
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To Contractor: ACCO Engineered Systems, Inc.
2201 Park Place, Suite 400
EI Segundo, CA 90245
Attn: Andy Lufkin
7.2. Actual notice shall be deemed adequate notice on the date actual
notice occurred, regardless of the method of service.
8.0 Licenses
Contractor represents and agrees that all personnel engaged by Contractor in
performing the Services are and shall be fully qualified and are authorized or
permitted under state and local law to perform such services. Contractor further
represents and warrants to City that it has all licenses, permits, qualifications,
and approvals to provide the services and work required to be performed by this
Agreement, including, without limitation, a City of Seal Beach business license as
required by the Seal Beach Municipal Code. Contractor further represents and
warrants that it shall keep in effect all such licenses, permits, and other approvals
during the term of this Agreement. Should any of Contractors' licenses, permits
or other approvals lapse, be suspended or otherwise no longer be in effect,
Contractor shall immediately provide notice to the City Manager. Contractor shall
identify the license, permit or approval which is no longer in effect, what steps are
needed to cure this deficiency and the date when Contractor anticipates their
license, permit or approval will be restored. Contractor shall be responsible for all
costs of delay caused by any such deficiency
9.0 Independent Contractor
9.1. Contractor 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 Contractor or by Contractor's employees or other personnel under
Contractor's supervision. Contractor will determine the means, methods, and
details by which Contractor's personnel will perform the Services. Contractor
shall be solely responsible for the satisfactory work performance of all personnel
engaged in performing the Services and compliance with the customary
professional standards.
9.2. All of Contractor's employees and other personnel performing any
of the Services under this Agreement on behalf of Contractor shall also not be
employees of City and shall at all times be under Contractor's exclusive direction
and control. Contractor and Contractor's personnel shall not supervise any of
City's employees; and City's employees shall not supervise Contractor's
personnel. Contractor'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 Contractor's personnel shall not use any City e-mail
address or City telephone number in the performance of any of the Services
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under this Agreement. Contractor shall acquire and maintain at its sole cost and
expense such vehicles, equipment and supplies as Contractor's personnel
require to perform any of the Services required by this Agreement. Contractor
shall perform all Services off of City premises at locations of Contractor's choice,
except as otherwise may from time to time be necessary in order for Contractor's
personnel to receive projects from City, review plans on file at City, pick up or
deliver any work product related to Contractor'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 Contractor from time to time for Contractor's personnel to obtain
information about or to check on the status of projects pertaining to the Services
under this Agreement.
9.3. Contractor shall be responsible for and pay all wages, salaries,
benefits and other amounts due to Contractor's personnel in connection with their
performance of any Services under this Agreement and as required by law.
Contractor 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, Contractor and any of its officers, employees, agents, and
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 contributions or
employee contributions for PERS benefits.
9.4. In addition to all other provisions of this Agreement, Contractor
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 officials, from any and all liability, damages, claims,
costs and expenses of any nature to the extent arising from, caused by, or
relating to Contractor's personnel practices. or to the extent arising from, caused
by or relating to the violation of any of the provisions of this Section 9.0. In
addition to all other remedies available under law, City shall have the right to
offset against the amount of any fees due to Contractor under this Agreement
any amount due to City from Contractor as a result of Contractor's failure to
promptly pay to City any reimbursement or indemnification arising under this
Section. This duty of indemnification is in addition to Contractor's duty to defend,
indemnify and hold harmless as set forth in any other provision of this
Agreement. This duty shall survive the expiration or termination of this
Agreement.
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10.0 PERS Compliance and Indemnification
10.1. 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 behalf of qualifying employees. Contractor
agrees that, in providing its employees and any other personnel to City to
perform any work or other Services under this Agreement, Contractor 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,
Contractor shall assure compliance with regard to personnel who have active or
inactive membership in PERS and to those who are retired 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.
10.2. Indemnification. In addition to all other provisions of this
Agreement, Contractor 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 Contractor's violation
of any provisions of this Section 10.0. This duty of indemnification is in addition to
Contractor's duty to defend, indemnify and hold harmless as set forth in any
other provision of this Agreement. This duty shall survive the expiration or
termination of this Agreement.
11.0 Confidentiality
11.1. Contractor covenants that all data, reports, notes, surveys, studies,
drawings, plans, maps, models, photographs, images, video files, media,
computer files, electronic files, discussion, information, materials or other
documents and records of any kind developed or prepared by Contractor or
provided to Contractor for performance of this Agreement are deemed
confidential and shall not be disclosed by Contractor without prior written
authorization by City. City shall grant such authorization if applicable law requires
disclosure. Contractor, its officers, directors, employees, agents, and/or
subcontractors shall not without written authorization from the City Manager or
unless requested in writing by the City Attorney, voluntarily provide declarations,
letters of support, testimony at depositions, response to interrogatories or other
information concerning the Services performed under this Agreement or relating
to any project or property located within the City. Response to a subpoena or
court order shall not be considered "voluntary," provided Consultant gives City
notice of such court order or subpoena.
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11.2. Contractor shall promptly notify City should Contractor, its directors,
officers, employees, agents or subcontractors be served with any summons,
complaint, subpoena, notice of deposition, request for documents,
interrogatories, request for admissions or other discovery request, court order or
subpoena from any party regarding this Agreement and the Services performed
thereunder or with respect to any project or property located within City. City
may, but has no obligation to, represent Contractor or be present at any
deposition, hearing or similar proceeding. Contractor agrees to cooperate fully
with City and to provide City with the opportunity to review any response to
discovery requests provided by Consultant. However, City's right to review any
such response does not imply or mean the right by City to control, direct or
rewrite the response.
11.3. Contractor's covenants under this Section shall survive the
expiration or termination of this Agreement.
12.0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior written
approval of the City. Contractor is fully responsible to City for the performance of
any and all subcontractors.
13.0 Prohibition Against Assignment or Delegation
Contractor shall not assign any of its rights, or delegate any duties or interest in
this Agreement, either in whole or in part, without the prior written consent of
City. Any purported assignment or delegation without City's consent shall be void
and without effect.
14.0 Inspection and Audit of Records
Contractor shall maintain complete and accurate records with respect to all
Services and other matters covered under this Agreement, including but
expressly not limited to, all Services performed, salaries, wages, payroll,
invoices, time cards, cost control sheets, costs, expenses, receipts, data, reports,
notes, surveys, studies, drawings, plans, maps, models, photographs, images,
video files, media files, computer files, electronic files and other records with
respect to this Agreement. Contractor 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 maintained in accordance with
applicable law (including but expressly not limited to, the Labor Code with
respect to prevailing wages) and generally accepted accounting principles and
shall be clearly identified and readily accessible. Upon 24-hour notice from City,
Contractor shall allow City or City's agents or representatives to inspect at
Contractor's offices during regular business hours, all such records, and to
examine and audit the same and to make copies and transcripts as City deems
necessary, and to inspect and audit all work, proceedings, activities and all other
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matters related to this Agreement. Contractor shall retain all such records, with
supporting documents for at least three (3) years after expiration of this
Agreement, termination of this Agreement, or final payment under this
Agreement, whichever occurs later. City's rights under this Section 14.0 shall
survive for three (3) years after expiration, termination or final payment under this
Agreement, whichever occurs later.
15.0 Ownership of Documents and Work Product
15.1. All reports, notes, surveys, studies, drawings, plans, maps, models,
photographs, images, video files, media, computer files, electronic files,
discussion, or information, materials or other documents developed or prepared
by Contractor and/or required to be furnished to City in connection with this
Agreement shall become City's property, and City may use all or any portion
thereof submitted by Contractor as City deems appropriate. Contractor hereby
assigns to City all ownership and any and all intellectual property rights to the
Data that are not otherwise vested in City pursuant to the preceding sentence.
15.2. Upon completion of the Services, or in the event of expiration or
termination of this Agreement, Contractor shall deliver to City all original records
and other deliverables related to this Agreement without additional cost or
expense to City. If Contractor prepared any records on a computer, Contractor
shall provide City with said records both in a printed format and in an electronic
format that is acceptable to City. Such records shall become City's sole property
and may be used, reused or otherwise disposed of by City without Contractor's
permission.
16.0 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. City may issue restraint or cease and desist orders to
Contractor when unsafe or harmful acts are observed or reported relative to the
performance of the Services. Contractor shall maintain the work sites free of
hazards to persons and property resulting from its operations. Contractor shall
immediately report to the City any hazardous condition noted by Contractor.
17.0 Familiarity with Work
By executing this Agreement, Contractor represents that it has: (a) thoroughly
investigated and considered the scope of services to be performed; (b) carefully
considered how the Services should be performed; and (c) understands the
facilities, difficulties, and restrictions attending performance of the Services under
this Agreement.
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18.0 Insurance
18.1. General Requirement. Contractor shall not commence Services
under this Agreement until it has provided evidence satisfactory to the City that
Contractor has secured all insurance required under this Section.
18.2. Minimum Scope of Insurance Coverage. Contractor shall, at its
expense, procure, maintain and keep in full force and effect for the term of the
Agreement, insurance against claims for injuries to persons or damages to
property that may arise from or in connection with the performance of this
Agreement by Contractor, and its directors, officers, agents, representatives,
employees, and subcontractors. Coverage shall be at least as broad as the
latest version of the following:
18.2.1. General Liability Insurance: Contractor shall
maintain commercial general liability insurance with coverage at least as broad
as Insurance Services Office form CG 0001, with limits no less than $2,000,000
per occurrence for bodily injury, 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 shall be twice the required
occurrence limit.
18.2.2. Automobile Liability Insurance. Contractor shall
maintain automobile liability insurance at least as broad as Insurance Services
Office Business Auto Coverage form number CA 0001, code 1 (any auto),
including coverage for any owned, hired, non -owned or rented vehicles, in an
amount not less than $2,000,000 per accident for bodily injury and property
damage.
18.2.3. Workers' Compensation and Employer's Liability
coverages. Contractor shall maintain Workers' Compensation in the amount
required by law, and Employer's Liability: $1,000,000 per accident and in the
aggregate for bodily injury or disease.
18.3. Cancellation or Modification to Coverages. The insurance policies
shall contain the following provisions, or Contractor shall provide endorsements
on forms supplied or approved by the City to contain the following provisions:
18.3.1. 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 City;
18.3.2. 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 elected and appointed officials, officers,
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employees, agents, volunteers, and those or agents serving as independent
contractors in the role of City officials;
18.3.3. Coverage shall be primary insurance as respects City,
its officials, officers, employees, agents, volunteers, and those City agents
serving as independent contractors in the role of City officials, or if excess, shall
stand in an unbroken chain of coverage excess of Contractor's scheduled
underlying coverage and that any insurance or self-insurance maintained by City,
its officials, officers, employees, agents, volunteers and those City agents serving
as independent contractors in the role of City officials, shall be excess of the
Contractor's insurance and shall not be called upon to contribute with it;
18.3.4. Tor general liability insurance, that City, its officials,
officers, employees, agents, volunteers and those City agents serving as
independent contractors in the role of City officials, shall be covered as additional
insureds with respect to the services or operations performed by or on behalf of
Contractor, including materials, parts or equipment furnished in connection with
such work; and for automobile liability, that City, its officials, officers, employees,
agents, volunteers and those City agents serving as independent contractors in
the role of City officials, 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 Contractor or for which Contractor is
responsible.
18.4. Separation of Insureds. 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 City, its officials, officers,
employees, agents, volunteers, and those City agents serving as independent
contractors in the role of City officials. A severability of interests provision must
apply for all additional insureds ensuring that Contractor's insurance shall apply
separately to each insured against whom claim is made or suit is brought, except
with respect to the insurer's limits of liability. The policy(ies) shall not contain any
cross -liability exclusions.
18.5. Deductibles and Self-insured Retentions. Any deductibles or self-
insured retentions shall be declared to and approved by City. Contractor
guarantees that, at the option of City, either: (1) the insurer shall reduce or
eliminate such deductibles or self-insured retentions as respects City, its elected
and appointed officials, officers, employees, agents, designated volunteers and
agents serving as independent contractors in the role of City officials; or (2)
Contractor shall procure a bond guaranteeing payment of losses and related
investigation costs, claims and administrative and defense expenses.
18.6. Acceptability of Insurers. Insurance shall 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 City.
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18.7. Waiver of Subrogation. Each insurance policy maintained or
procured pursuant to this Agreement shall be endorsed to waive the insurer's
right of subrogation against City and its officials, officers, employees, agents,
volunteers and those City agents serving as independent contractors in the role
of City officials, or shall specifically allow Contractor or others providing
insurance evidence in compliance with these specifications to waive their right of
recovery prior to a loss. Contractor hereby waives its own right of recovery and
all rights of subrogation against City .
18.8. City Remedy for Noncompliance. If Contractor does not maintain
the policies of insurance required under this Section in full force and effect during
the term of this Agreement, or in the event any of Contractor's policies do not
comply with the requirements under this Section, City may either immediately
terminate this Agreement or, if insurance is available at a reasonable cost, City
may, but has no duty to, take out the necessary insurance and pay, at
Contractor's expense, the premium thereon. Contractor shall promptly reimburse
City for any premium paid by City or City may withhold amounts sufficient to pay
the premiums from payments due to Contractor.
18.9. Verification of Coverage. Contractor shall furnish City with original
certificates of insurance and endorsements evidencing and effecting the coverages
required by this Agreement on forms satisfactory to 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 City if
requested. All certificates and endorsements shall be received and approved by
City before work commences. City also reserves the right to require complete,
certified copies of all required insurance policies, at any time. Contractor shall also
provide proof to City that insurance policies expiring during the term of this
Agreement have been renewed or replaced with other policies providing at least the
same coverage. Contractor shall furnish such proof at least two weeks prior to the
expiration of the coverages.
18.10. Enforcement of Contract Provisions (Non -Estoppel). Contractor
acknowledges and agrees that any actual or alleged failure on the part of the City to
inform Contractor of noncompliance with any requirement imposes no additional
obligations on the City nor does it waive any rights hereunder.
18.11. Subcontractors. Contractor shall require each of its subcontractors
that perform Services under this Agreement to maintain insurance coverage that
meets all of the requirements of this Section.
18.12. Indemnity Requirements Not Limiting. Procurement of insurance
by Contractor shall not be construed as a limitation on Contractor's liability or
full performance of Contractor's duty to indemnify City under any provision of
this Agreement.
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18.13. Additional Insurance/Broader Coverage. Contractor shall also procure
and maintain, at its own cost and expense, any additional kinds of insurance, which
in its own judgment may be necessary for its proper protection and prosecution of
the Services. If Contractor maintains broader coverage and/or higher limits than
the minimums required above, City requires and shall be entitled to the broader
coverage and/or the higher limits maintained by Contractor. Any available
insurance proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to City.
19.0 Indemnification, Hold Harmless, and Duty to Defend
19.1. General Indemnity. To the fullest extent permitted by law,
Contractor shall, at its sole cost and expense, protect, defend, hold harmless and
indemnify City, its elected and appointed officials, officers, attorneys, agents,
employees, volunteers, successors, assigns and those City agents serving as
independent contractors in the role of City officials (collectively "Indemnitees" in
this Agreement) from and against any and all damages, costs, expenses,
liabilities, claims, demands, causes of action, proceedings, suits, judgments,
penalties, protests, stop notices, liens and losses of any nature whatsoever,
including fees of accountants, attorneys and other professionals, and all costs
associated therewith, and the payment of all consequential damages (individually
a "Claim" and collectively "Claims"), in law or equity, whether actual, alleged or
threatened, in any manner which arise out of, are claimed to arise out of, pertain
to, or relate to the acts or omissions of Contractor, its owners, directors, officers,
agents, servants, employees, subcontractors, materialmen, suppliers,
consultants, contractors, or subcontractors, or their owners, directors, officers,
agents, servants or employees (or any entity or individual that Contractor shall
bear the legal liability thereof) in the performance of this Agreement, including the
Indemnitees' active or passive negligence, except for Claims arising from the
sole negligence or willful misconduct of Indemnitees, as determined by final
arbitration or court decision or by the agreement of the Parties. Contractor shall
defend the Indemnitees in any action or actions filed in connection with any
Claims 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. Contractor shall reimburse the Indemnitees for
any and all legal expenses and costs incurred by the Indemnitees in connection
therewith.
19.2. Bid Protests. In addition to all other obligations under this Section,
Contractor shall reimburse the City for all attorneys' fees and costs incurred by
City in connection with, arising out of or incident to any Bid protest or any other
challenge or protest to City's purchasing procedures.
19.3. Civil Code Exception. Nothing in this Section shall be construed to
encompass Indemnitees' sole negligence or willful misconduct to the limited
extent that this Agreement is subject to Civil Code Section 2782(a) or City's
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active negligence to the limited extent that this Agreement is subject to Civil
Code Section 2782(b), provided such sole negligence, willful misconduct or
active negligence is determined by agreement between the parties or by the
findings of a court of competent jurisdiction.
19.4. Taxes and Workers' Compensation. Contractor shall pay all
required taxes on amounts paid to the Contractor under the Contract, and
indemnify and hold the City harmless from any and all taxes, assessments,
penalties, and interest asserted against the City by reason of the independent
contractor relationship created by the Contract. Contractor shall fully comply with
the Workers' Compensation law regarding Contractor and Contractor's
employees. Contractor shall indemnify and hold the City harmless from any
failure of Contractor to comply with applicable Workers' Compensation laws. City
may offset against the amount of any fees due to Contractor under the Contract
any amount due to City from Contractor as a result of Contractor's failure to
promptly pay to the City any reimbursement or indemnification arising under this
Section.
19.5. Public Safety. Contractor shall perform all Services in a manner to
minimize public inconvenience and possible hazard, to restore other work areas
to their original condition and former usefulness as soon as possible, and to
protect public and private property. Contractor shall be liable for any private or
public property damaged during the performance of the Services by Contractor or
its directors, officers, employees, agents or subcontractors.
19.6. Subcontractor indemnification. Contractor shall obtain executed
indemnity agreements with provisions identical to those in this Section 19.0 from
each and every subcontractor or any other person or entity involved by, for, with
or on behalf of Contractor in the performance of this Agreement. Contractor shall
be fully responsible and indemnify, hold harmless and defend the Indemnitees
from and against any and all Claims in law or equity, whether actual, alleged or
threatened, which arise out of, are claimed to arise out of, pertain to, or relate to
the acts or omissions of Contractor's subcontractor, its officers, agents, servants,
employees, subcontractors, materialmen, contractors or their officers, agents,
servants or employees (or any entity or individual that Contractor's subcontractor
shall bear the legal liability thereof) in the performance of this Agreement,
including the Indemnitees' active or passive negligence, except for Claims 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.
19.7. Workers' Compensation Acts Not Limiting. Contractor's
indemnification obligations under this Section or any other provision of this
Agreement shall not be limited by the provisions of any workers' compensation
act or similar act. Contractor expressly waives any statutory immunity under such
statutes or laws as to City and all other Indemnitees.
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19.8. Insurance Requirements Not Limiting. Contractor's indemnification
obligations set forth in this Section 19.0 shall not be limited by the limits of any
policies of insurance required or provided by Contractor pursuant to this
Agreement, or by any insurance proceeds, if any, received by Contractor or
Indemnitees, and this Section 19.0 shall apply to all Claims regardless of whether
any insurance policies are applicable.
19.9. Survival of Terms. Contractor's covenants under this Section 19.0
shall survive the expiration or termination of this Agreement. City may offset
against the amount of any fees due to Contractor under this Agreement any
amount due to City from Contractor as a result of Contractor's failure to arom_atly_
ay to City any reimbursement or indemnification arising -under this Section.
20.0 Equal Opportunity and Nondiscrimination
20.1. Contractor affirmatively represents that it is an equal opportunity
employer. Contractor shall not discriminate, harass or retaliate against any
subcontractor, employee, or applicant for employment because of race, religion,
color, national origin, handicap, physical disability, mental disability, medical
condition, genetic information, ancestry, sex, gender, sexual orientation, gender
identity, gender expression, marital status, age, military or veteran status, or any
other basis protected by federal, state or local laws, including but is not limited to,
in all activities related to initial employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff, or termination.
20.2. Contractor warrants that in providing the Services, Contractor shall
not discriminate, harass or retaliate against any customer, patron, client, or other
member of the public because of race, religion, color, national origin, handicap,
physical disability, mental disability, medical condition, genetic information,
ancestry, sex, gender, sexual orientation, gender identity, gender expression,
marital status, age, military or veteran status, or any or other basis protected by
federal, state or local laws.
21.0 Workers' Compensation Certification
Labor code Sections 1860 and 3700 provide that every employer is required to
be insured against liability for Workers' Compensation or to undertake self-
insurance in accordance with the provisions of that Code. In accordance with
those statutes, by signing this Agreement, Contractor certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code
which require every employer to be insured against liability for
workers' compensation or to undertake self-insurance in
accordance with the provisions of that Code, and I will comply with
such provisions before commencing the performance of the Work
of this Contract."
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22.0 Prevailing Wage and Payroll Records
To the extent that this Agreement calls for services that, in whole or in part,
constitute "public works" as defined in the California Labor Code, then
Contractor 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.
23.0 Warranty
Contractor warrants that it shall perform the Services required by this Agreement
in compliance with all applicable Federal and California employment laws,
including, but not limited to, those laws related to minimum hours and wages;
occupational health and safety; fair employment and employment practices;
workers' compensation insurance and safety in employment; and all other
Federal, State and local laws and ordinances applicable to the services required
under this Agreement. Contractor shall indemnify and hold harmless City from
and against all claims, demands, payments, suits, actions, proceedings, and
judgments of every nature and description including attorneys' fees and costs,
presented, brought, or recovered against City for, or on account of any liability
under any of the above-mentioned laws, which may be incurred by reason of
Contractor's performance under this Agreement.
24.0 Non -Exclusive Agreement
Contractor acknowledges that City may enter into agreements with other
Contractors for services similar to the services that are subject to this Agreement
or may have its own employees perform services similar to those services
contemplated by this Agreement.
25.0 Time of Essence
Time is of the essence in respect to all provisions of this Agreement that specify
a time for performance; provided, however, that the foregoing may not be
construed to limit or deprive a party of the benefits of any grace or use period
allowed in this Agreement.
26.0 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.
17 of 20
27.0 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.
28.0 Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws
of the State of California, except that any rule of construction to the effect that
ambiguities are to be resolved against the drafting party shall not be applied in
interpreting this Agreement. This Agreement is made, entered into, and executed
in Orange County, California, and any action filed in any court or administrative
agency for the interpretation, enforcement or other action of the terms,
conditions, or covenants referred to herein shall be filed in the applicable court or
administrative agency in Orange County, California.
29.0 No Third Party Rights
This Agreement is made solely for the benefit of the parties to this Agreement
and their respective successors and assigns, and no other person or entity shall
be deemed to have any rights hereunder against either party as a result of this
Agreement.
30.0 Waiver
The failure of either party at any time to require performance by the other party of
any provision of this Agreement shall in no way affect that party's right to enforce
such provisions, nor shall the waiver by either party of any breach of any
provision of this Agreement be taken or held to be a waiver of any further breach
of the same provision.
31.0 Prohibited Interests; Conflict of Interest
31.1. Contractor 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.
Contractor further covenants that, in performance of this Agreement, no person
having any such interest shall be employed by it. Furthermore, Contractor shall
avoid the appearance of having any interest, which would conflict in any manner
with the performance of the Services. Contractor shall not accept any
employment or representation during the term of this Agreement which is or may
likely make Contractor "financially interested" (as provided in California
Government Code §§ 1090 and 87100) in any decision made by City on any
matter in connection with which Contractor has been retained.
18 of 20
31.2. Contractor further warrants and maintains that it has not employed
or retained any person or entity, other than a bona fide employee working
exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor
paid or agreed to pay any person or entity, other than a bona fide employee
working exclusively for Contractor, 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 Contractor hereunder the full amount or value
of any such fee, commission, percentage or gift.
31.3. Contractor warrants and maintains that it has no knowledge that
any officer or employee of City has any interest, whether contractual, non -
contractual, financial, proprietary, or otherwise, in this transaction or in the
business of Contractor, and that if any such interest comes to the knowledge of
Contractor at any time during the term of this Agreement, Contractor 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 Section.
32.0 Attorneys' Fees
If either party commences an action against the other party, either legal,
administrative or otherwise, arising out of or in connection with this Agreement,
the prevailing party in such litigation shall be entitled to have and recover from
the losing party all of its attorneys' fees, experts' fees, and other costs incurred in
connection therewith, in addition to any other relief to which the party may be
entitled.
33.0 Interpretation
In the event of any asserted ambiguity in, or dispute regarding the interpretation
of any matter herein, the interpretation of this Agreement shall not be resolved by
any rules of interpretation providing for interpretation against the party who
causes the uncertainty to exist or against the party who drafted the Agreement or
who drafted that portion of the Agreement.
34.0 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.
19 of 20
35.0 Titles and Headings
The titles and headings used in this Agreement are for convenience only and
shall in no way define, limit or describe the scope or intent of this Agreement or
any part of it.
36.0 Corporate Authority
The person executing this Agreement on behalf of Contractor 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 Contractor 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
0
Attest:
:-
Jill R. Ingram, City Manager
Gloria D. Harper, City Clerk
Approve?as ForBy:
raig A. Steele, City Attorney
CONTRACTOR: ACCO Engineered
Systems, Inc., a California corporation
By:
Name:
Its:
By:
Name:
Its:
Assistant Secretary
(Please note, two signatures required
for corporations pursuant to California
Corporations Code Section 313 from
each of the following categories: (i) the
chairperson of the board. the president
or any vice president, and (ii) the
secretary, any assistant secretary, the
chief financial officer or any assistant
treasurer of such corporation.)
20 of 20
EXHIBIT
Contractor's Proposal
GORDIAN 0
Work Order Signature Document
EZIQC Contract No.: CA -REN -SCR -M01 -062718 -AES
FX]New Work Order F-1 Modify an Existing Work Order
Work Order Number.: 092636.00 Work Order Date: 06/18/2021
Work Order Title: Seal Beach - HVAC Preventative Maintenance
Owner Name: SOCAL REN - City of Seal Beach Contractor Name: ACCO Engineered Systems
Contact: Iris Lee Contact: Andy Lufkin
Phone: (562) 431-2527 Phone: 424-201-0153
Work to be Performed
Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of EZIQC
Contract No CA -REN -SCR -M01 -062718 -AES.
Brief Work Order Description:
City of Seal Beach - HVAC Preventative Maintenance
Time of Performance Estimated Start Date:
Estimated Completion Date:
Liquidated Damages Will apply: X
Will nota I
Work Order Firm Fixed Price: $60,598.58
Owner Purchase Order Number: -Z2� L2
Approvals
Owner
Work Order Signature Document
/
�t
Date Contactor Hugh Palmer Date
ASSistant Secretary
Page 1 of 1
6/18/2021
GORDIAN @
Detailed Scope of Work
To: Andy Lufkin From: Iris Lee
ACCO Engineered Systems City of Seal Beach
2201 Park Place, Suite #400 211 Eighth Street
EI Segundo, CA 90245 Seal Beach, CA 90740
424-201-0153 (562)431-2527
Date Printed: June 18, 2021
Work Order Number: 092636.00
Work Order Title: Seal Beach - HVAC Preventative Maintenance
Brief Scope: City of Seal Beach - HVAC Preventative Maintenance
F]Preliminary FIRevised EX Final
The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items
set forth below shall be considered part of this scope of work.
City of Seal beach - HVAC Preventative Maintenance
*See attached detailed scope of work.
"Prevailing wage rates apply.
Subject to the tep non �ionsofOC Contract CA -REN -SCR -M01 -062718 -AES.
—tll lZe2 (
Contractor ■ Hugh Palmer Date
Assistant Secretary
Owner Date
Scope of Work Page 1 of 1
6/18/2021
� I engineered
ACCO ENGINEERED SYSTEMS 12201 PARK PLACE, SUITE #4001 EL SEGUNDO, CA
CITY OF SEAL BEACH
2021 HVAC Maintenance
and Repair Services
211 EIGHTH STREET
SEAL BEACH, CA 90740
May 17, 2021
eng� neerec
w AWAX& w M#ft w
HVAC SHEET METAL & PIPING • COMMISSIONING • RETRO -COMMISSIONING
P L U M B I N G B U I L D ING S E R V I C E S P R O C E S S P I P I N G E N G I N E E R I N G
BIM / 3 - D MODELING FABRICATION BUILDING AUTOMATION SYSTEMS
INDUSTRIAL CONSTRUCTION & PIPING ENERGY SERVICES R I GG ING
� I engineered
systems
ACCOCARE
HVAC PREVENTIVE MAINTENANCE AGREEMENT FOR
Test
ACCOCare
Under the ACCOCare Preventive Maintenance Agreement, our technician(s) will visit your facility to perform scheduled
maintenance inspections and services on the listed equipment as per the scope and service frequencies described herein.
SCOPE OF WORK
CONDENSING UNITS
CONDENSER • CONDENSER (Routine) • QUARTERLY
• Checkfor w essive noise and vibration.
• visuallyinspectelectrical connections.
• Inspect condenser coils.
• visual check for refrigerant leaks.
• Ensure all access panels are properlysecured and all screws are re -installed.
CONDENSER • COIL CLEAN, CONDENSER • ANNUAL
• Clean condenser coils.
• Clean up area.
MNI SPLIT CONDENSING UNIT • MNI SPLIT CONDENSING UNIT (Routine) • QUARTERLY
• Check for excessive noise and vibration.
• Check refrigerant sight glass (if applicable).
• visual check for refrigerant leaks.
• visuallyinspect electrical connections.
• Check operating temperature and pressure controls.
• Check condenser fans.
• verify compressor operation.
• Inspect reversing valve for operation (if applicable).
• Inspect condenser coils.
• Ensure all access panels are properiysecured and all screws are re -installed.
MNI SPLIT CONDENSING UNIT • COIL CLEAN, CONDENSER • ANNUAL
• Clean condenser coils.
• Clean up area.
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V
SCOPE OF WORK (continuation...)
AIR HANDLERS / FANS
FAN COIL UNIT • FAN COIL UNIT (Routine) • QUARTERLY
• Check evap coil temperature differential.
• Inspect unit condition.
• Check fore)cessive noise and vibration.
• Lubricate motor and fan shaft bearings (as needed).
• Visual check for leaks.
• Check operating temperature and pressure controls.
• Check fan operation.
• Inspect gas furnace section for wear and proper operation (if applicable).
• Visually inspect electrical connections.
• Check operation of condensate pump (if applicable).
• Dispense condensate pan tab(s) as appropriate
• Ensure all access panels are properlysecured and all screws are re -installed.
FAN COIL UNIT • FILTER REPLACEMENT • QUARTERLY
• Replace filter, ensure proper fitment.
• Properlydispose of used filter.
FAN COIL UNIT • BELT REPLACEMENT • ANNUAL
• Replace belts, adjust as appropriate.
• Dispose of used belt.
PACKAGE A/C UNITS
PACKAGE AC UNIT • PACKAGE AC UNIT (ANNUAL) • ANNUAL
• ANNUAL
• Lock out / tag out.
• Check and tighten electrical connections.
• Check safeties.
• Check contactor(s).
• Inspect burner assemblyfor defects.
• Check igniter (if applicable).
• Visually inspect damper(s).
• Lubricate as required.
• Check for proper fan operation.
PACKAGE AC UNIT • FILTER REPLACEMENT • QUARTERLY
• Replace filter, ensure proper fitment.
• Properlydispose of used filter.
PACKAGE AC UNIT • PACKAGE AC UNIT (Routine) • QUARTERLY
• Check evap coil temperature differential.
• Check fore)cessive noise and vibration.
I sys�temesred
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SCOPE OF WORK (continuation...)
• Lubricate motor and fan shaft bearings (as needed).
• visual check for refrigerant leaks.
• verify compressor operation.
• visually inspect electrical connections.
• Inspect VFD for proper operation (if applicable).
• Check economizer setpoints and operation.
• Check operating temperature and pressure controls.
• Check fan (s) operation.
*Inspect gas furnace section for wear and proper operation (if applicable).
• Dispense condensate pan tab(s) as appropriate
• Check operation of condensate pump (if applicable).
• Check condensate P -Trap and purge (as needed).
• Check condition and cleanliness of condensate pan(s).
• Ensure all access panels are properlysecured and all screws are re -installed.
PACKAGE AC UNIT • CONDENSATE PAN CLEANING • QUARTERLY
• Clean condensate pan, check drain system.
PACKAGE AC UNIT • COIL CLEAN, CONDENSER • ANNUAL
• Clean condenser coils.
• Clean up area.
PACKAGE AC UNIT • BELT REPLACEMENT • ANNUAL
• Replace belts, adjust as appropriate.
• Dispose of used belt.
I sys�temesred
Report equipment condition to facility representative, including any repair requirements.
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SCOPE
ACCO AGREES
1. To perform services as detailed above.
QD engineered
systems
2. To furnish the Customer with a report of any irregularities revealed as a result of the inspection and adjustments.
Corrective measures or repairs that are required will be recommended to Customer.
3. To obtain Customer approval before billable repair work is performed.
4. To service onlythe equipment listed.
5. To report to the person or office designated in writing by Customer. Customer to inform ACCO of changes in
personnel.
EXCLUDED FROM THIS AGREEMENT
1. Service, repair, adjust, clean, or replace parts of any of the following unless specifically included in the Scope: Air
balancing; boiler tubes, duct work; cabinet interiors and exteriors; drains which are not a part of the equipment
covered by this plan; heating, cooling and condenser coils; electrical wiring and components before and after
equipment disconnect; surfaces exposed to air and water as part of the system performance (such as sump
pans, evaporative condenser tube bundles, tower and evaporative condenser distributors, panels, fans, shafts,
etc.); recording instruments, gauges, and thermometers and building automation/direct digital control systems.
2. All work will be performed on normal working hours unless specifically defined on overtime working hours here.
3. Testing, monitoring, reporting, consulting or making remedies relating to indoor air quality (IAQ).
4. Testing, inspecting, calibrating or adjusting of any building automation/energy management, pneumatic or
electronic controls systems or components unless specifically included elsewhere in this agreement.
5. Inspection or functional testing of fire/life safety systems or components.
6. Cleaning of air registers, grilles, ducts, and fans.
7. The cost of repair parts, replacement parts, emergency calls and refrigerant.
8. Visual or physical inspection of building structural components or systems.
9. Labor costs other than that required under the ACCOCareTm agreement.
ADDITIONAL CONDITIONS
None
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TERMS AND CONDITIONS engineered
syst
TERMS:
1. The ACCOCareTM service shall commence on the date noted on the contract
Either party may terminate this agreement by giving the other party thirty (30) days prior written notice.
2. Failure to make payment when due, or impairment of owner's credit, shall relieve ACCO of the obligation of
further performance of this agreement.
3. This agreement is subject to annual price escalation after the first year of service.
PRICING:
The annual price for this agreement will be Per ezIQC Sourcewell Pricing
Schedule of Invoice and Activities to be Determined Upon Acceptance.
GENERAL CONDITIONS:
1. After first inspection, if any unusual circumstances (i.e. number or type of units, filter type/quantity, access
problems, unforeseen obstacles, etc.) are uncovered that require contract pricing modifications, theywill be
brought to the attention of the Customer.
2. For the convenience of both Customer and ACCO Engineered Systems, Customer will permit ACCO
Engineered Systems personnel the use of common building equipment, such as ladders, elevators, etc., together
with free and timely access to necessary areas.
3. ACCO Engineered Systems will not be required to remove, replace or alter any part of the building structure in
the performance of this agreement.
4. Both Customer and ACCO Engineered Systems agree that all work referred to in this agreement shall be
performed during the regular working hours of 7:00 AM to 4:30 PM, Monday through Friday, excluding Holidays.
5. The Customer agrees to make prompt payments. Should a payment become thirty (30) days delinquent, this
contract may become null and void at anytime thereafter at the option of ACCO, and all moneys owed ACCO will
become due upon demand.
6. To assure best performance the Customer should operate the system and all equipment properly and as per
manufacturer's instructions. Expenses to ACCO caused by improper operation, negligence, misuse of the
equipment, or by any cause beyond the control of ACCO, shall be paid bythe Customer.
7. Operational efficiency will be assured if all necessary work is performed or equipment added by qualified ACCO
Engineered Systems personnel. In the event of any alterations, additions, adjustments, or repairs by others
(unless authorized by ACCO Engineered Systems) ACCO assumes no responsibility and has the option to
terminate this agreement.
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GENERAL CONDITIONS: (continuation...) I I SY teemeSred
8. This agreement covers the complete understanding between ACCO and Customer, and shall become a valid
contract only when accepted and approved by authorized person for both parties. No verbal representations shall
be binding on either party.
9. Any parts that are not available from normal sources in the judgment of ACCO, and which may impair proper
operation, may only be repaired or replaced with customer consent.
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City of Seal Beach
HVAC Maintenance & Repair Services
LOCAL STAFFING LIST
Andy Lufkin will be the Senior Project Manager assigned to this account. Andy lives locally
in Seal Beach and looks forward to helping ensure his City is operating as efficiently as
possible. Andy has worked with ACCO Engineered Systems for almost 15 years. Oscar
Villalobos will work on Andy's team. Both Andy and Oscar will be able to coordinate site
visits with our in-house HVAC Service Team as well as prepare any bid proposals that
may arise throughout the course of the contract.
Forrest Brown is the HVAC Area Supervisor who oversees 10+ HVAC techs dedicated to
Orange County. When Forrest receives a request from Andy or Oscar, we can mobilize a
tech and have them onsite within 2-4 hours during normal working hours.
COMPANY QUALIFICATIONS
ACCO has one of the largest and most experienced service departments in the nation. We
provide service and long-term maintenance agreements to over 7,600 accounts
throughout the Western United States. Properly maintained mechanical and control
systems conserve energy, increase productivity and satisfy the needs of owners, tenants
and production managers.
ACCO field service mechanics are trained signatory apprentices and journeymen
dedicated solely to servicing HVAC mechanical systems, DDC Controls systems and
water treatment applications.
ACCO has one of the most modern fleets in the industry. We have over 300 truck -based
mobile field mechanics who can respond on site in less than 4 hours, 24 hours a day, 7
days a week.
ACCO reduces emergency repair costs by providing comprehensive maintenance
solutions. This extends the life of the equipment, prevents catastrophic failures and
ensures energy efficiency.
ACCO's engineering team can handle any size and any type of project, from a small
package system to a complex manufacturing facility. We have the experience and know
how to ensure that your system will run efficiently and deliver the best possible results
tailored to your needs.
11 Page
engineered
systems
Mechanical Services
818 / 730-5845 Cell
2201 Park Place
Suite # 400
EI Segundo, CA 90245
Andy Lufkin will be the Senior Project Manager assigned to this account. Andy lives locally
in Seal Beach and looks forward to helping ensure his City is operating as efficiently as
possible. Andy has worked with ACCO Engineered Systems for almost 15 years. Oscar
Villalobos will work on Andy's team. Both Andy and Oscar will be able to coordinate site
visits with our in-house HVAC Service Team as well as prepare any bid proposals that
may arise throughout the course of the contract.
Forrest Brown is the HVAC Area Supervisor who oversees 10+ HVAC techs dedicated to
Orange County. When Forrest receives a request from Andy or Oscar, we can mobilize a
tech and have them onsite within 2-4 hours during normal working hours.
COMPANY QUALIFICATIONS
ACCO has one of the largest and most experienced service departments in the nation. We
provide service and long-term maintenance agreements to over 7,600 accounts
throughout the Western United States. Properly maintained mechanical and control
systems conserve energy, increase productivity and satisfy the needs of owners, tenants
and production managers.
ACCO field service mechanics are trained signatory apprentices and journeymen
dedicated solely to servicing HVAC mechanical systems, DDC Controls systems and
water treatment applications.
ACCO has one of the most modern fleets in the industry. We have over 300 truck -based
mobile field mechanics who can respond on site in less than 4 hours, 24 hours a day, 7
days a week.
ACCO reduces emergency repair costs by providing comprehensive maintenance
solutions. This extends the life of the equipment, prevents catastrophic failures and
ensures energy efficiency.
ACCO's engineering team can handle any size and any type of project, from a small
package system to a complex manufacturing facility. We have the experience and know
how to ensure that your system will run efficiently and deliver the best possible results
tailored to your needs.
11 Page
City of Seal Beach
HVAC Maintenance & Repair Services
UNDERSTANDING AND APPROACH
engineered
systems
Mechanical Services
818 / 730-5845 Cell
2201 Park Place
Suite # 400
EI Segundo, CA 90245
When ACCO Engineered Systems accepts a job, we accept all the responsibility that goes
with it. An ACCO Project Manager supervises the project from the initial contact through
conceptual studies, engineering design, energy studies, sales, and construction (including
final start-up and balancing). The responsibility continues through final acceptance and the
warranty period.
For your project, an ACCO Project Manager will be your personal representative.
This individual is your contact from the inception of your project through completion and
on-going warranty. Your Project Manager's responsibility is to get your job completed on
time and on budget.
ACCO has locations throughout California. Depending on the location of each project and
the type of project, an ACCO Engineered Systems Project Manager will be selected as the
Project Manager for each specific project.
ACCO pioneered this single source of responsibility to assure that we adhere strictly to all
of the project requirements, quality demands and time schedules.
We meet your deadlines.
Keeping on schedule requires a large amount of up-to-date information. ACCO maintains
a computerized database on all projects to allow project managers to have immediate
access to up-to-date labor reports, equipment and materials status, and time and cost
accounting.
REFRENCES
PROJECT NAME: Santa Ana Courthouse AHU retrofit
AGENCY NAME: Superior Courts of Orange County
OWNER CONTACT (NAME, PHONE, & EMAIL):
o Michael Robinson
o (858) 226-7352
o Michael. Robinson@jud.ca.gov
DESCRIPTION OF PROJECT:
a. Objective: Remove and replace (21) Air Handling Units & install new automation
system
CONSTRUCTION VALUE & DURATION:
a. Construction Value: $4,325,000.00
b. Project Dates: 04/2018 — 02/2019
PROJECT NAME: Larson Justice Center Central Plant Upgrade
21 Page
City of Seal Beach
HVAC Maintenance & Repair Services
AGENCY NAME: Superior Courts of Riverside County
OWNER CONTACT (NAME, PHONE, & EMAIL):
o Herbert Aceves
o 951-217-3444
engineered
systems
Mechanical Services
818 / 730-5845 Cell
2201 Park Place
Suite # 400
EI Segundo, CA 90245
o Herbert.Aceves@riverside.courts.ca.gov
DESCRIPTION OF PROJECT:
a. Objective: Remove & replace (2) chillers & (2) Cooling towers & upgraded building
management systems sequence of operation with no downtime to the courthouse.
New systems will greatly increase plant efficiency
CONSTRUCTION VALUE & DURATION:
a. Construction Value: $1,100,000.00
b. Project Dates: 01/2019 — 09/2019
PROJECT NAME: LACCD Chiller Overhaul JOC
OWNER: Los Angles Community College District
OWNER CONTACT (NAME, PHONE, & EMAIL):
o Rus Miller
o 213 891 2127
o MILLERJR@email.laccd.edu
DESCRIPTION OF PROJECT:
a. Objective: Overhaul the existing chillers at ELAC College
CONSTRUCTION VALUE & DURATION:
a. Construction Value: 400k
b. Project Dates: 04/2020 — 04/2021
PROJECT NAME: OCSD Santiago Peak
OWNER: Orange County Sheriff's Department
OWNER CONTACT (NAME, PHONE, & EMAIL):
o Steve Compton
o 714-581-3063
o scompton@ocsd.org
DESCRIPTION OF PROJECT:
b. Objective: Remove and replace (4) Package Units
CONSTRUCTION VALUE & DURATION:
c. Construction Value: 115k
d. Project Dates: 06/2020 — 12/2020
PROJECT NAME: Cal State University Office of the Chancellor's HVAC Maintenance
OWNER: Cal State University
OWNER CONTACT (NAME, PHONE, & EMAIL):
31 Page
City of Seal Beach
HVAC Maintenance & Repair Services
o Tony Covarrubias
0 562-480-72002
o tcovarrubias(a),caIstate. edu
DESCRIPTION OF PROJECT:
c. Objective: HVAC Maintenance on all the mechanical equipment at the
chancellor's office
CONSTRUCTION VALUE & DURATION:
e. Construction Value: 40k
f. Project Dates: 06/2016 — 06/2020 (5 Years)
SAMPLE PROPOSAL LETTER
engineered
systems
Mechanical Services
818 / 730-5845 Cell
2201 Park Place
Suite # 400
EI Segundo, CA 90245
Major Equipment replacements will be submitted utilizing the eGordian Cost Data software
and will be reviewed with the Owner to ensure 100% accuracy and scope inclusion is
correct. See attached sample from Seal Beach City Hall HVAC Replacement project
completed utilizing the Sourcewell Cooperative Purchasing Agreement. See attached for
sample proposal.
FXrFPTI(1NS
None Noted
BUSINESS ENTITY
ACCO is an employee owned California Corporation that was established in 1934. We are
a mechanical contractor who specializes in HVAC.
DIR & CONTRACTOR LICENCE #
DIR:1000000546
CA License #: 120696 (C-4, C-20, C-36, C-38, C-10, B, A)
CONTRACT SIGNATORIES
See attached
41 Page
engineered
� I systems
CERTIFICATE OF CORPORATE RESOLUTION
I, Robert M. Osier, Secretary of ACCO Engineered Systems, Inc., a California Corporation
("the Corporation") DO CERTIFY that the following is a true and complete copy of a
resolution adopted by the Board of Directors of the Corporation on January 29, 2020, and
thereafter modified by the Executive Committee pursuant to Board authorization, and that said
resolution has not been rescinded, removed, amended, or modified in any respect and remains
in full force and effect as of the date hereof.
CONTRACT, BOND, AND OTHER AGREEMENTS
SIGNING AUTHORITY RESOLUTION
RESOLVED, that this Corporation does hereby authorize Charles Darway, Ronald Falasca,
John Hansen, Jeffrey Marrs, John Petersen, Steven Tuttle, Kenneth Westphal, and Richard Yates in
the ordinary course to sign contracts, bonds, and other agreements on behalf of the Corporation.
Additionally, these individuals have the authority to authorize in writing, on a case-by-case basis,
any of the individuals listed below to execute contracts, bonds, and other agreements in a higher
amount than authorized below.
RESOLVED, that this Corporation does hereby authorize Mark Dauw and Thomas Reynolds,
and, with the written approval of Messrs. Dauw or Reynolds or any of the persons with unlimited
authority identified immediately above, for a specific document Carlton Seyforth, in the ordinary
course of business to sign contracts, bonds, and other agreements of $5,000,000 onbehalf of the
Corporation.
RESOLVED, that this Corporation does hereby authorize David Anderson, Erik Dibble,
Robert Felix, Kevin FitzGerald, Larry Jimenez, Gregg Holbrook, Mark Lanphere, Robert Osier,
and Carlton Seyforth, in the ordinary course of business to sign contracts, bonds, and other
agreements of $2,000,000 or less onbehalf of the Corporation.
RESOLVED, that this Corporation does hereby authorize TaregBarakzoy, Jonathan Bell,
Wesley Coffey, Richard Ferreira, Charles Oberosler, David Osbum, Michael Potts,
Leland Roberts, and Richard Wilson in the ordinary course of business to sign contracts and bonds
of $1,000,000 or less on behalf of the Corporation.
RESOLVED, that this Corporation does hereby authorize Bryan Cooper, Scott Ellis,
Thomas Montgomery, Curtis Osborne, Hugh Palmer, and Christopher Way in the ordinary
course of business to sign contracts and bonds of $500,000 orless onbehalfof the Corporation.
RESOLVED, that this Corporation does hereby authorize Richard Adams, Arvin Dalnay,
Brandon Ellis, Joseph Fitzgerald, Todd Ginn, Max Grek, Daniel Grumbles, Gregory Guizado,
Ryan Leahy, Epifanio Ramirez, Patrick Rochon, Todd Ulma, and Richard Walker in the
ordinary course of business to sign contracts of $250,000 or less on behalf of the Corporation.
WITNESS THEREOF, the undersigned has set his hand and affixed the seal of this
Corporation on this 16th day of July 2020.
9el u� M., Niv
Robert M. Osier, Corporate Secretary
Page 1 of 1
Contractor Price Proposal Summaries - Category
Date: 6/18/2021
Work Order #: 092636.00
Title: Seal Beach - HVAC Preventative Maintenance
Contractor: ACCO Engineered Systems
Contractor Number: CA -REN -SCR -M01 -062718 -AES
Job Order Value: $60,598.58
Proposal Name: Seal Beach - HVAC Preventative Maintenance
Proposal Value: $60,598.58
Catego
AS NEEDED HVAC MAINTENANCE REPAIR FUND
LineTotal
$15,000.00
BOLSA CHICA WELL
$757.35
ANNUAL
$284.54
QUARTERLY
$472.81
CITY HALL
$4,391.97
ANNUAL
$2,419.53
QUARTERLY
$1,972.44
CITY YARD
$3,156.33
ANNUAL
$1,787.23
QUARTERLY
$1,369.10
LIBRARY
$3,443.23
ANNUAL
$2,155.34
QUARTERLY
$1,287.89
MARINA COMMUNITY CENTER
$3,605.65
ANNUAL
$2,195.94
QUARTERLY
$1,409.71
NORTH SEAL BEACH COMMUNITY CENTER
$1,749.93
ANNUAL
$984.16
QUARTERLY
$765.77
OLD CITY HALL
$7,971.14
Contractor Price Proposal Summaries - Category
1 of 2
ANNUAL
$4,345.34
QUARTERLY
$3,625.80
POLICE PIER SUB -STATION
$887.88
ANNUAL
$415.07
QUARTERLY
$472.81
POLICE STATION
$15,561.46
ANNUAL
$8,309.87
QUARTERLY
$7,251.59
TENNIS CENTER
$4,073.63
ANNUAL
$1,660.29
QUARTERLY
$2,413.34
Grand Total: $60,598.58
This work order proposal total represents the correct total for the proposal. Any discrepancy between line totals, sub -totals and the proposal
total is due to rounding of the line totals and sub -totals.
The Percent of NPP on this Proposal: 0.00
Contractor Price Proposal Summaries - Category 2 of 2
Contractor's Price Proposal - Detail
Date:
June 18, 2021
Re:
IQC Master Contract #:
CA -REN -SCR -M01 -062718 -AES
Work Order #:
092636.00
Owner PO #:
Title:
Seal Beach - HVAC Preventative Maintenance
Contractor:
ACCO Engineered Systems
Proposal Value:
$60,598.58
Sect. Item Mod.
UOM Description
Line Total
Labor
Equip. Material (Excludes)
01 - General Requirements
1
01 22 16 00 0002
EA Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible
$15,000.00
costs. The base cost of the Reimbursable Fee is $1.00. Insert the appropriate
quantity to adjust the base cost to the actual Reimbursable Fee (e.g. quantity
of 125 = $125.00 Reimbursable Fee). If there are multiple Reimbursable Fees,
list each one separately and add a comment in the "note" block to identify the
Reimbursable Fee (e.g. sidewalk closure, road cut, various permits, extended
warranty, expedited shipping costs, etc.). A copy of each receipt shall be
submitted with the Price Proposal.
Quantity Unit Price Factor
Total
Installation 15,000.00 x 1.00 x 1.0000 =
15,000.00
As Needed HVAC Repair Fund
2
01 22 20 00 0079
HR Manufacturer Technical AdvisorFor oversight of installation of special
$5,221.20
manufactured equipment. Advisor to be requested by and cost to be
approved by Owner only.
Quantity Unit Price Factor
Total
Installation 40.00 x 100.00 x 1.3053 -
5,221.20
Local 250 Union In-house HVAC Building Service Engineer for annual HVAC Maintenance
3
01 22 20 00 0079
HR Manufacturer Technical AdvisorFor oversight of installation of special
$2,610.60
manufactured equipment. Advisor to be requested by and cost to be
approved by Owner only.
Quantity Unit Price Factor
Total
Installation 20.00 x 100.00 x 1.3053 -
2,610.60
Local 250 Union In-house HVAC Building Service Engineer for quarterly HVAC Maintenance
4
01 22 20 00 0079
HR Manufacturer Technical AdvisorFor oversight of installation of special
$1,566.36
manufactured equipment. Advisor to be requested by and cost to be
approved by Owner only.
Quantity Unit Price Factor
Total
Installation 1200 x 100.00 x 1.3053 -
1,566.36
Local 250 Union In-house HVAC Building Service Engineer for annual HVAC Maintenance
5
01 22 20 00 0079
HR Manufacturer Technical AdvisorFor oversight of installation of special
$391.59
manufactured equipment. Advisor to be requested by and cost to be
approved by Owner only.
Quantity Unit Price Factor
Total
Installation 3.00 x 100.00 x 1.3053 -
391.59
Local 250 Union In-house HVAC Building Service Engineer for quarterly HVAC Maintenance
6
01 22 20 00 0079
HR Manufacturer Technical AdvisorFor oversight of installation of special
$391.59
manufactured equipment. Advisor to be requested by and cost to be
approved by Owner only.
Quantity Unit Price Factor
Total
Installation 3.00 x 100.00 x 1.3053 -
391.59
Local 250 Union In-house HVAC Building Service Engineer for quarterly HVAC Maintenance
Contractor's Price Proposal - Detail
Page 1 of 6
6/18/2021
Contractor's Price Proposal - Detail Continues..
Work Order Number: 092636.00
Work Order Title: Seal Beach - HVAC Preventative Maintenance
01 - General Requirements
7 01 22 20 00 0079
HR Manufacturer Technical AdvisorFor oversight of installation of special
$1,044.24
manufactured equipment. Advisor to be requested by and cost to be
approved by Owner only.
Quantity Unit Price Factor
Total
Installation 8.00 X 100.00 X 1.3053 -
1,044.24
Local 250 Union In-house HVAC Building Service Engineer for quarterly HVAC Maintenance
8 01 22 20 00 0079
HR Manufacturer Technical AdvisorFor oversight of installation of special
$1,566.36
manufactured equipment. Advisor to be requested by and cost to be
approved by Owner only.
Quantity Unit Price Factor
Total
Installation 12.00 X 100.00 X 1.3053 -
1,566.36
Local 250 Union In-house HVAC Building Service Engineer for quarterly HVAC Maintenance
9 01 22 20 00 0079
HR Manufacturer Technical AdvisorFor oversight of installation of special
$2,088.48
manufactured equipment. Advisor to be requested by and cost to be
approved by Owner only.
Quantity Unit Price Factor
Total
Installation 16.00 X 100.00 X 1.3053 -
2,088.48
Local 250 Union In-house HVAC Building Service Engineer for quarterly HVAC Maintenance
10 01 22 20 00 0079
HR Manufacturer Technical AdvisorFor oversight of installation of special
$522.12
manufactured equipment. Advisor to be requested by and cost to be
approved by Owner only.
Quantity Unit Price Factor
Total
Installation 4.00 X 100.00 X 1.3053 -
522.12
Local 250 Union In-house HVAC Building Service Engineer for quarterly HVAC Maintenance
11 01 22 20 00 0079
HR Manufacturer Technical AdvisorFor oversight of installation of special
$1,044.24
manufactured equipment. Advisor to be requested by and cost to be
approved by Owner only.
Quantity Unit Price Factor
Total
Installation 8.00 X 100.00 X 1.3053 -
1,044.24
Local 250 Union In-house HVAC Building Service Engineer for quarterly HVAC Maintenance
12 01 22 20 00 0079
HR Manufacturer Technical AdvisorFor oversight of installation of special
$2,610.60
manufactured equipment. Advisor to be requested by and cost to be
approved by Owner only.
Quantity Unit Price Factor
Total
Installation 20.00 X 100.00 X 1.3053 -
2.610.60
Local 250 Union In-house HVAC Building Service Engineer for annual HVAC Maintenance
13 01 22 20 00 0079
HR Manufacturer Technical AdvisorFor oversight of installation of special
$1,566.36
manufactured equipment. Advisor to be requested by and cost to be
approved by Owner only.
Quantity Unit Price Factor
Total
Installation 12.00 X 100.00 X 1.3053 -
1,566.36
Local 250 Union In-house HVAC Building Service Engineer for annual HVAC Maintenance
14 01 22 20 00 0079
HR Manufacturer Technical AdvisorFor oversight of installation of special
$261.06
manufactured equipment. Advisor to be requested by and cost to be
approved by Owner only.
Quantity Unit Price Factor
Total
Installation 2.00 X 100.00 X 1.3053 -
261.06
Local 250 Union In-house HVAC Building Service Engineer for annual HVAC Maintenance
Contractor's Price Proposal - Detail
Page 2 of 6
6/18/2021
Contractor's Price Proposal - Detail Continues..
Work Order Number: 092636.00
Work Order Title: Seal Beach - HVAC Preventative Maintenance
01 - General Requirements
15 01 22 20 00 0079
HR Manufacturer Technical AdvisorFor oversight of installation of special
$5,221.20
manufactured equipment. Advisor to be requested by and cost to be
approved by Owner only.
Quantity Unit Price Factor
Total
Installation 40.00 X 100.00 X 1.3053 -
5,221.20
Local 250 Union In-house HVAC Building Service Engineer for quarterly HVAC Maintenance
16 01 22 20 00 0079
HR Manufacturer Technical AdvisorFor oversight of installation of special
$1,044.24
manufactured equipment. Advisor to be requested by and cost to be
approved by Owner only.
Quantity Unit Price Factor
Total
Installation 8.00 X 100.00 X 1.3053
1,044.24
Local 250 Union In-house HVAC Building Service Engineer for annual HVAC Maintenance
17 01 22 20 00 0079
HR Manufacturer Technical AdvisorFor oversight of installation of special
$1,044.24
manufactured equipment. Advisor to be requested by and cost to be
approved by Owner only.
Quantity Unit Price Factor
Total
Installation 8.00 X 100.00 X 1.3053 -
1,044.24
Local 250 Union In-house HVAC Building Service Engineer for quarterly HVAC Maintenance
18 01 22 20 00 0079
HR Manufacturer Technical AdvisorFor oversight of installation of special
$522.12
manufactured equipment. Advisor to be requested by and cost to be
approved by Owner only.
Quantity Unit Price Factor
Total
Installation 4.00 X 100.00 X 1.3053 -
522.12
Local 250 Union In-house HVAC Building Service Engineer for annual HVAC Maintenance
19 01 22 20 00 0079
HR Manufacturer Technical AdvisorFor oversight of installation of special
$1,044.24
manufactured equipment. Advisor to be requested by and cost to be
approved by Owner only.
Quantity Unit Price Factor
Total
Installation 8.00 X 100.00 X 1.3053 -
1,044.24
Local 250 Union In-house HVAC Building Service Engineer for annual HVAC Maintenance
20 01 22 20 00 0079
HR Manufacturer Technical AdvisorFor oversight of installation of special
$130.53
manufactured equipment. Advisor to be requested by and cost to be
approved by Owner only.
Quantity Unit Price Factor
Total
Installation 1.00 X 100.00 X 1.3053 -
130.53
Local 250 Union In-house HVAC Building Service Engineer for annual HVAC Maintenance
21 01 22 20 00 0079
HR Manufacturer Technical AdvisorFor oversight of installation of special
$1,566.36
manufactured equipment. Advisor to be requested by and cost to be
approved by Owner only.
Quantity Unit Price Factor
Total
Installation 12.00 X 100.00 X 1.3053 -
1,566.36
Local 250 Union In-house HVAC Building Service Engineer for annual HVAC Maintenance
Subtotal for 01 - General Requirements
$46,457.73
23 - Heating, Ventilating, And Air -Conditioning (HVAC)
22 23 34 16 00 0148
EA Fan Belt, Replacement
$634.70
Quantity Unit Price Factor
Total
Installation 5.00 X 97.25 X 1.3053
634.70
AC Unit & EF Belt Replacement - Annual
Contractor's Price Proposal - Detail
Page 3 of 6
6/18/2021
Contractor's Price Proposal - Detail Continues..
Work Order Number: 092636.00
Work Order Title: Seal Beach - HVAC Preventative Maintenance
23 - Heating, Ventilating, And Air -Conditioning (HVAC)
23
23 34
16
00 0148
EA Fan Belt, Replacement
$507.76
Quantity
Unit Price
Factor
Total
Installation 4.00 x
97.25 x
1.3053 -
507.76
AC Unit Belt Replacement - Annual
24
23 34
16
00 0148
EA Fan Belt, Replacement
$126.94
Quantity
Unit Price
Factor
Total
Installation 1.00 x
97.25 x
1.3053 -
126.94
AC Unit Belt Replacement - Annual
25
23 34
16
00 0148
EA Fan Belt, Replacement
$1,396.34
Quantity
Unit Price
Factor
Total
Installation 11.00 x
97.25 x
1.3053 -
1,396.34
AC Unit & EF Belt Replacement - Annual
26
23 34
16
00 0148
EA Fan Belt, Replacement
$380.82
Quantity
Unit Price
Factor
Total
Installation 3.00 x
97.25 x
1.3053 -
380.82
AC Unit Belt Replacement - Annual
27
23 34
16
00 0148
EA Fan Belt, Replacement
$507.76
Quantity
Unit Price
Factor
Total
Installation 4.00 x
97.25 x
1.3053
507.76
AC Unit & EF Belt Replacement - Annual
28
23 34
16
00 0148
EA Fan Belt, Replacement
$717.81
Quantity
Unit Price
Factor
Total
Installation 4.00 x
97.25 x
1.3053 -
507.76
Demolition 4.00 x
40.23 x
1.3053 =
210.05
AC Unit Belt Replacement - Annual
29
23 34
16
00 0148
EA Fan Belt, Replacement
$2,411.87
Quantity
Unit Price
Factor
Total
Installation 19.00 x
97.25 x
1.3053 =
2,411.87
AC Unit & EF Belt Replacement - Annual
30
23 34
16
00 0148
EA Fan Belt, Replacement
$507.76
Quantity
Unit Price
Factor
Total
Installation 4.00 x
97.25 x
1.3053 =
507.76
AC Unit Belt Replacement - Annual
31
23 34
16
00 0148
EA Fan Belt, Replacement
$126.94
Quantity
Unit Price
Factor
Total
Installation 1.00 x
97.25 x
1.3053 =
126.94
AC Unit Belt Replacement - Annual
32
23 41
13
00 0002
EA Throwaway Glass Or Paper Media Filter, Residential
$406.08
Quantity
Unit Price
Factor
Total
Installation 30.00 x
10.37 x
1.3053 =
406.08
AC Unit Filter Change - Quarterly
33
23 41
13
00 0002
EA Throwaway Glass Or Paper Media Filter, Residential
$243.65
Quantity
Unit Price
Factor
Total
Installation 18.00 x
10.37 x
1.3053 -
243.65
AC Unit Filter Change - Quarterly
34
23 41
13
00 0002
EA Throwaway Glass Or Paper Media Filter, Residential
$365.47
Quantity
Unit Price
Factor
Total
Installation 27.00 x
10.37 x
1.3053 -
365.47
AC Unit Filter Change - Quarterly
Contractor's Price Proposal - Detail
Page 4 of 6
6/18/2021
Contractor's Price Proposal - Detail Continues..
Work Order Number: 092636.00
Work Order Title: Seal Beach - HVAC Preventative Maintenance
23 - Heating, Ventilating, And Air -Conditioning (HVAC)
35
23 41
13
00 0002
EA Throwaway Glass Or Paper Media Filter, Residential
$108.29
Quantity Unit Price
Factor
Total
Installation 8.00 x 10.37 x
1.3053 -
108.29
AC Unit Filter Change - Annually
36
23 41
13
00 0002
EA Throwaway Glass Or Paper Media Filter, Residential
$27,07
Quantity Unit Price
Factor
Total
Installation 2.00 x 10.37 x
1.3053 -
27.07
AC Unit Filter Change - Annually
37
23 41
13
00 0002
EA Throwaway Glass Or Paper Media Filter, Residential
$27.07
Quantity Unit Price
Factor
Total
Installation 2.00 x 10.37 x
1.3053
27.07
AC Unit Filter Change - Annually
38
23 41
13
00 0002
EA Throwaway Glass Or Paper Media Filter, Residential
$2,030.39
Quantity Unit Price
Factor
Total
Installation 150.00 x 10.37 x
1.3053 -
2,030.39
AC Unit Filter Change - Quarterly
39
23 41
13
00 0002
EA Throwaway Glass Or Paper Media Filter, Residential
$1,015.20
Quantity Unit Price
Factor
Total
Installation 75.00 x 10.37 x
1.3053 -
1,015.20
AC Unit Filter Change - Quarterly
40
23 41
13
00 0002
EA Throwaway Glass Or Paper Media Filter, Residential
$108.29
Quantity Unit Price
Factor
Total
Installation 8.00 x 10.37 x
1.3053 -
108.29
AC Unit Filter Change - Annually
41
23 41
13
00 0002
EA Throwaway Glass Or Paper Media Filter, Residential
$338.40
Quantity Unit Price
Factor
Total
Installation 25.00 x 10.37 x
1.3053 -
338.40
AC Unit Filter Change - Annually
42
23 41
13
00 0002
EA Throwaway Glass Or Paper Media Filter, Residential
$243.65
Quantity Unit Price
Factor
Total
Installation 18.00 x 10.37 x
1.3053 -
243.65
AC Unit Filter Change - Quarterly
43
23 41
13
00 0002
EA Throwaway Glass Or Paper Media Filter, Residential
$121.82
Quantity Unit Price
Factor
Total
Installation 9.00 x 10.37 x
1.3053 -
121.82
AC Unit Filter Change - Annually
44
23 41
13
00 0002
EA Throwaway Glass Or Paper Media Filter, Residential
$135.36
Quantity Unit Price
Factor
Total
Installation 10.00 x 10.37 x
1.3053 -
135.36
AC Unit Filter Change - Annually
45
23 41
13
00 0002
EA Throwaway Glass Or Paper Media Filter, Residential
$81.22
Quantity Unit Price
Factor
Total
Installation 6.00 x 10.37 x
1.3053
81.22
AC Unit Filter Change - Annually
46
23 41
13
00 0002
EA Throwaway Glass Or Paper Media Filter, Residential
$81.22
Quantity Unit Price
Factor
Total
Installation 6.00 x 10.37 x
1.3053
81.22
AC Unit Filter Change - Quarterly
Contractor's Price Proposal - Detail
Page 5 of 6
6/18/2021
Contractor's Price Proposal - Detail Continues..
Work Order Number: 092636.00
Work Order Title: Seal Beach - HVAC Preventative Maintenance
23 - Heating, Ventilating, And Air -Conditioning (HVAC)
47 23 41 13 00 0002 EA Throwaway Glass Or Paper Media Filter, Residential
$324.86
Quantity Unit Price
Factor
Total
Installation 24.00 x 10.37 x
1.3053 —
324.86
AC Unit Filter Change - Quarterly
81.22
48 23 41 13 00 0002 EA Throwaway Glass Or Paper Media Filter, Residential
$324.86
Quantity Unit Price
Factor
Total
Installation 24.00 x 10.37 x
1.3053 —
324.86
AC Unit Filter Change - Quarterly
Total
49 23 41 13 00 0002 EA Throwaway Glass Or Paper Media Filter, Residential
$81.22
Quantity Unit Price
Factor
Total
Installation 6.00 x 10.37 x
1.3053
81.22
AC Unit Filter Change - Quarterly
50 23 41 13 00 0002 EA Throwaway Glass Or Paper Media Filter, Residential
$676.80
Quantity Unit Price
Factor
Total
Installation 50.00 x 10.37 x
1.3053 —
676.80
AC Unit Filter Change - Annually
51 23 41 13 00 0002 EA Throwaway Glass Or Paper Media Filter, Residential
$81.22
Quantity Unit Price
Factor
Total
Installation 6.00 x 10.37 x
1.3053
81.22
AC Unit Filter Change - Annually
Subtotal for 23 - Heating, Ventilating, And Air -Conditioning (HVAC)
$14,140.85
Proposal Total $60,598.58
This total represents the correct total for the proposal. Any discrepancy between line totals,
sub -totals and the proposal total is due to rounding.
Contractor's Price Proposal - Detail Page 6 of 6
6/18/2021
EXHIBIT B
Sourcewell Indefinite Quantity Construction Agreement
DocuSign Envelope ID: C01 A3D71 -D6A8-4614-8C80-9COCCE4BF1 19
M ...
Sourcewell ►�
Formerly KJ PA
NDEFINITE QUANTITY CONSTRUCTION AGREEMENT
1 F B NUMBER: CA -REN -SCR -M-01-062718
GEOGRAPHIC AREA: Region 1—Southern Coastal Region, California
This Agreement dated July 10, 2018 , by and between Sourcewell (Formerly NJPA) and ACCO
Engineered Systems at the following address, 6265 San Fernando Rd., Glendale, CA 91201 hereinafter
referred to as the CONTRACTOR.
WITNESSETH: Sourcewell and CONTRACTOR for the consideration hereafter agree as follows:
ARTICLE 1. CONTRACT DOCUMENTS
A. Contract Documents: This Agreement; the IFB Documents; (Book 1 - Project Information, Instructions to
Bidders and Execution Documents; Book 2 - IQCC Standard Terms and Conditions and General
Conditions; Book 3 - Construction Task Catalog (CTC), Book 4 - Technical Specifications) and Addenda
thereto, all payment and performance bonds (if any), material and workmanship bonds (if any); wage
rate decisions and certified payroll records (if any); Notice of Award; all modifications issued thereto,
including Supplemental Purchase Orders/Change Orders and written interpretations and all Purchase
Orders and accompanying documents (Requests for Proposals, Detailed Scopes of Work, Purchase Order
Proposals, etc.) issued hereunder.
B. The terms and conditions of a Purchase Order issued by a Sourcewell Member in connection with any
Project, including supplemental technical specifications referenced therein, shall govern.
C. The Contractor shall, within two (2) business days of receipt of a Purchase Order from a Sourcewell
Member, provide notification to Sourcewell or their designated representative of each Purchase Order
by forwarding a copy of the Purchase Order via email to PO@EZIQC.com or via facsimile to (864) 233-
9100.
D. The Contractor shall, within two (2) business days of sending an Invoice to a Sourcewell Member,
provide notification to Sourcewell or their designated representative of each Invoice by forwarding a
copy of the Invoice via email to Invoice@EZIQC.com or via facsimile to (864) 233-9100.
ARTICLE 2. SCOPE OF WORK
A. The Contractor shall provide the services required to develop each Purchase Order in accordance with
the procedures for developing Purchase Orders set forth in the IQCC Standard Terms and Conditions and
the Contract Documents.
B. Each Purchase Order developed in accordance with this Agreement will be issued by an individual
Sourcewell Member. The Purchase Order will require the Contractor to perform the Detailed Scope of
Work within the Purchase Order Completion Time for the Purchase Order Price.
C. It is anticipated that the Contractor will perform Work primarily in the Geographic Area set forth above.
However, the parties may agree that the Contractor can perform Work in a different Geographic Area at
its current Adjustment Factors.
20212th Street NE I P.O. Box 219 1 Staples, MN 56479 888-894-1930 1 www.sourcewell-mn.gov
DocuSign Envelope ID: C01 A3D71 -D6A8-4614-8C80-9COCCE4BF1 19
M ...
Sourcewell ►�
Formerly KJ PA
ARTICLE 3. THE AGREEMENT PRICE
A. This Agreement is an indefinite -quantity contract for construction work and services. The Estimated
Annual Value of this Agreement is $2,000,000. This is only an estimate and may increase or decrease at
the discretion of Sourcewell.
B. The Contractor shall perform any or all Tasks in the Construction Task Catalog for the Unit Price
appearing therein multiplied by the following Adjustment Factors:
TO BE ENTERED BY SOURCEWELL:
Normal Working Hours Prevailing Wage: Work performed from 7:00am until 4:00pm Monday to
Friday, except holidays. Contractor shall perform Tasks during Normal Working Hours for the Unit
Price set forth in the CTC multiplied by the Adjustment Factor of:
1.2492
(Specify to four (4) decimal places)
Other Than Normal Working Hours Prevailing Wage: Work performed from 4:00pm to 7:00am
Monday to Friday, and any time Saturday, Sunday and Holidays. Contractor shall perform Tasks
during Other Than Normal Working Hours for the Unit Price set forth in the CTC multiplied by the
Adjustment Factor of:
1.3573
(Specify to four (4) decimal places)
C. Normal Working Hours Non Prevailing Wage: Work performed from 7:00am until 4:00pm Monday
to Friday, except holidays. Contractor shall perform Tasks during Normal Working Hours for the
Unit Price set forth in the CTC multiplied by the Adjustment Factor of:
0.8708
(Specify to four (4) decimal places)
d. Other Than Normal Working Hours Non Prevailing Wage: Work performed from 4:00pm to
7:00am Monday to Friday, and any time Saturday, Sunday and Holidays. Contractor shall perform
Tasks during Other Than Normal Working Hours for the Unit Price set forth in the CTC multiplied
by the Adjustment Factor of:
0.8816
(Specify to four (4) decimal places)
e. Non Pre -priced Adjustment Factor: To be applied to Work deemed not to be included in the CTC
but within the general scope of the work:
1.2972
(Specify to four (4) decimal places)
20212th Street NE I P.O. Box 219 1 Staples, MN 56479 888-894-1930 1 www.sourcewell-mn.gov
DocuSign Envelope ID: C01 A3D71 -D6A8-4614-8C80-9COCCE4BF1 19
Sourcewell a
Formerly KJ PA
ARTICLE 4. TERM OF THE AGREEMENT
A. This Agreement has an initial term of one (1) year and a bilateral option provision for three (3) additional
terms. The total term of the Agreement cannot exceed four (4) years. One additional one-year renewal -
extension may be offered by Sourcewell to Contractor beyond the original three-year term if Sourcewell
deems such action to be in the best interests of Sourcewell and its Members. The Contractor may
withdraw from the Agreement on each anniversary of the award, provided that the Contractor gives 60
Days written notice of its intent to withdraw. Sourcewell may, for any reason, terminate this Agreement
at anytime.
B. All Purchase Orders issued during a term of this Agreement shall be valid and in effect notwithstanding
that the Detailed Scope of Work may be performed, payments may be made, and the guarantee period
may continue, after such term has expired. All terms and conditions of the Agreement apply to each
Purchase Order.
ARTICLE 5. SOFTWARE LICENSING
A. Sourcewell selected The Gordian Group's (Gordian) software, data and services (IQCC System) for their
IQCC program. The system includes Gordian's proprietary ezIQC, eGordian and Bid Safe IQCC
applications (IQCC Applications) and construction cost data (Construction Task Catalog), which shall be
used by the Contractor to prepare and submit Price Proposals, subcontractor lists, and other
requirements specified by Sourcewell and Sourcewell Members. The Contractor's use, in whole or in
part, of Gordian's IQCC Applications and Construction Task Catalog and other proprietary materials
provided by Gordian for any purpose other than to execute work under this Agreement for Sourcewell
and Sourcewell Members is strictly prohibited unless otherwise stated in writing by Gordian. The
Contractor hereby agrees to abide by the terms of the following IQCC System License:
ARTICLE 6. IQCC SYSTEM LICENSE
A. Gordian hereby grants to the Contractor, and the Contractor hereby accepts from Gordian for the term
of this Agreement or Gordian's contract with Sourcewell, whichever is shorter, a non-exclusive right,
privilege, and license to Gordian's proprietary IQCC System and related proprietary materials
(collectively referred to as "Proprietary Information") to be used for the sole purpose of executing
Contractor's responsibilities to Sourcewell and Sourcewell Members under this Agreement ("Limited
Purpose"). The Contractor hereby agrees that Proprietary Information shall include, but is not limited to,
Gordian's IQCC Applications and support documentation, Construction Task Catalog, training materials,
marketing materials and any other proprietary materials provided to Contractor by Gordian. In the event
this Agreement expires or terminates as provided herein, or the Gordian's contract with Sourcewell
expires or terminates, this IQCC System License shall terminate and the Contractor shall return all
Proprietary Information in its possession to Gordian.
Contractor acknowledges that Gordian shall retain exclusive ownership of all proprietary rights to the
Proprietary Information, including all U.S. and international intellectual property and other rights such
as patents, trademarks, copyrights and trade secrets. Contractor shall have no right or interest in any
portion of the Proprietary Information except the right to use the Proprietary Information for the
Limited Purpose set forth herein. Except in furtherance of the
20212th Street NE I P.O. Box 219 1 Staples, MN 56479 888-894-1930 1 www.sourcewell-mn.gov
DocuSign Envelope ID: C01 A3D71 -D6A8-4614-8C80-9COCCE4BF1 19
Sourcewell a
Formerly KJ PA
Limited Purpose, Contractor shall not distribute, disclose, copy, reproduce, display, publish, transmit,
assign, sublicense, transfer, provide access to, use or sell, directly or indirectly (including in electronic
form), any portion of the Proprietary Information.
C. Contractor acknowledges and agrees to respect the copyrights, trademarks, trade secrets, and other
proprietary rights of Gordian in the Proprietary Information during and after the term of this
Agreement, and shall at all times maintain complete confidentiality with regard to the Proprietary
Information provided to Contractor, subject to federal, state and local laws related to public disclosure.
Contractor further acknowledges that a breach of any of the terms of this Agreement by Contractor will
result in irreparable harm to Gordian for which monetary damages would be an inadequate remedy, and
Gordian shall be entitled to injunctive relief (without the necessity of posting a bond) as well as all other
monetary remedies available at law or in equity. In the event that it becomes necessary for either party
to this IQCC System License to enforce the provisions of this Agreement or to obtain redress for the
breach or violation of any of its provisions, whether by litigation, arbitration or other proceedings, the
prevailing party shall be entitled to recover from the other party all costs and expenses associated with
such proceedings, including reasonable attorney's fees.
D. In the event of a conflict in terms and conditions between this IQCC System License and any other terms
and conditions of this Agreement or any Purchase Order, Order or similar purchasing document
(Purchase Order) issued by Sourcewell or a Sourcewell Member, this IQCC System License shall take
precedence.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above
written.
By: Sourcewell
F
DocuSignedCby:
`^ � J "ayf,�
Authorized Signature
Jeremy Schwartz, Director of Operations &
Procurement/CPO
Print Name
Contractor — ACCO Engineered Systems
DocuSigned by:
JJ� JJui�,da
Authorized Signature
Greg Guizado, Regional Manager
Print Name
Contract Number: CA -REN -SCR -M -01 -062718 -AES (assigned by Sourcewell)
20212th Street NE I P.O. Box 219 1 Staples, MN 56479 888-894-1930 1 www.sourcewell-mn.gov
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, Contractor 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", Contractor 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. Contractor 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. Contractor shall not
perform work with any subcontractor that is not registered with DIR pursuant to Section
1725.5. Contractor and subcontractors shall maintain their registration with the DIR in
effect throughout the duration of this Agreement. If Contractor or any subcontractor
ceases to be registered with DIR at any time during the duration of the project,
Contractor shall immediately notify City.
4. Pursuant to Labor Code Section 1771.4, Contractor's Services are subject to
compliance monitoring and enforcement by DIR. Contractor 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.
Contractor acknowledges receipt of a copy of the DIR determination of such prevailing
rate of per diem wages, and Contractor shall post such rates at each job site covered by
this Agreement.
6. Contractor 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. Contractor 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 Contractor or by any
subcontractor.
7. Contractor shall comply with and be bound by the provisions of Labor Code Section
1776, which requires Contractor and each subcontractor to: keep accurate payroll
records and verify such records in writing under penalty of perjury, as specified in
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. Contractor 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. Contractor
shall be responsible for compliance with these aforementioned Sections for all
apprenticeable occupations. Prior to commencing work under this Agreement, Contractor
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, Contractor and each of its subcontractors shall submit to City a verified
statement of the journeyman and apprentice hours performed under this Agreement.
9. Contractor 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. Contractor 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 Contractor or any
subcontractor becomes debarred or suspended during the duration of the project,
Contractor shall immediately notify City.
10. Contractor acknowledges that eight hours labor constitutes a legal day's work.
Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall
comply with and be bound by the provisions of Labor Code Section 1813 concerning
penalties for workers who work excess hours. Contractor shall, as a penalty to City,
forfeit $25.00 for each worker employed in the performance of this Agreement by
Contractor 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 Contractor 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, Contractor hereby certifies as
follows:
"I am aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for workers'
compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract."
12. For every subcontractor who will perform work on the project, Contractor shall be
responsible for such subcontractor's compliance with Chapter 1 and Labor Code
Sections 1860 and 3700, and Contractor shall include in the written contract between it
and each subcontractor a copy of those statutory provisions and a requirement that each
subcontractor shall comply with those statutory provisions. Contractor 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 prevailing rate of wages.
Contractor shall diligently take corrective action to halt or rectify any failure.
13. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless
and defend (at Contractor'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 Contractor, 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 Contractor under this Section shall survive the expiration or termination of the
Agreement.
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AGENDA STAFF REPORT
�1'',,C'QCIFORN�P'r
DATE: July 26, 2021
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Kelly Telford, CPA, Finance Director/Treasurer
SUBJECT: Amend Classification Plans and Designate Pay Grades and
Status of Financial Analyst Classification, Office Specialist
Classification and Recreation Specialist Classification
SUMMARY OF REQUEST:
That the City Council adopt Resolution 7177 approving:
1. An amendment to the Regular Employees Classification Plan by adding the
classification of Financial Analyst and Recreation Specialist; and,
2. An amendment to the Part -Time Employees Classification Plan by adding the
classification of Office Specialist; and,
3. Pay grades and status for those positions.
BACKGROUND AND ANALYSIS:
In the Fiscal Year 2021-22 Adopted Budget that was approved by the City
Council on June 14, 2021, two new positions were approved for classifications
that do not currently exist in the classification plans. In order to fill these
positions, the classification plans require amending to incorporate the position of
Financial Analyst in the Regular Employees Classification Plan and the position
of Office Specialist in the Part -Time Employees Classification Plan. Class
specifications describing the responsibilities of each position are attached for
reference.
The Financial Analyst position would be a part of the Mid -Management and
Confidential employee group and is proposed at grade 26, consistent with the
Management Analyst. The monthly salary range for this position is $7,088.84 to
$8,616.54. The Office Specialist classification is currently a part-time position and
would be unrepresented. The position is proposed at grade 12 with an hourly rate
ranging from $17.31 to $21.04 per hour.
Agenda Item J
In addition, Recreation and Community Services has traditionally operated
utilizing three part-time Recreation Coordinator staff members. Though
represented as part-time, these positions have been budgeted and assigned
regular 40 -hour work weeks over the past few years. The primary duties
performed by these three positions include site supervision of the Seal Beach
Tennis and Pickleball Center, contract class supervision, adult sports
coordination, program administration, facility supervision, and general daily office
duties. As a part of the Fiscal Year 2021-22 Adopted Budget, these positions
were moved from the part-time employee budget to the full-time employee
budget to reflect their proper classification. As such, the Regular Employees
Classification Plan requires amending to reflect this change. These new full-time
positions will be re -titled Recreation Specialist and is proposed at grade 8 with a
monthly salary ranging from $4,545.12 to $5,524.63.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
No legal analysis is required for this item.
FINANCIAL IMPACT:
The salary and benefits for these positions are included in the Fiscal Year 2021-
22 Adopted Budget. No additional appropriations are required.
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 7177 approving:
1. An amendment to the Regular Employees Classification Plan by adding the
classification of Financial Analyst and Recreation Specialist; and,
2. An amendment to the Part -Time Employees Classification Plan by adding the
classification of Office Specialist; and,
Page 2
3. Pay grades and status for those positions.
SUBMITTED BY:
Kelly Telford
Kelly Telford, CPA, Finance
Director/Treasurer
ATTACHMENTS:
NOTED AND APPROVED:
Jill R. Ingram
Jill R. Ingram, City Manager
A. Resolution 7177
B. Financial Analyst Class Specification
C. Office Specialist Class Specification
D. Recreation Specialist Class Specification
Page 3
RESOLUTION 7177
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING
AMENDMENTS TO THE REGULAR AND PART-TIME EMPLOYEES
CLASSIFICATION PLAN AND ESTABLISHING PAY GRADES AND STATUS
Whereas the City Manager and staff have proposed the reclassification
and establishment of certain positions in the City's administrative structure; and,
Whereas the positions covered in this Resolution were included in the
Fiscal Year 2021-2022 budget approved by the City Council.
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City Council hereby approves the following amendments to the
Regular Employees and Part -Time Employees Classifications Plans, and the pay
grades and status for those positions.
A. The classification of Financial Analyst is hereby added to the Regular
Employees Classification Plan at full time status and pay grade 26.
B. The classification of Recreation Specialist is hereby added to the
Regular Employees Classification Plan at full time status and pay
grade 8.
C. The classification of Office Specialist is hereby added to the Part -Time
Employees Classification Plan at part-time status and pay grade 12.
Section 2. The Council hereby directs the City Manager to implement on behalf
of the City all necessary changes of positions, salaries, and grades approved
herein.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a
regular meeting held on the 26th day of July 2021 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Joe Kalmick, 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 7177 on file in the office of
the City Clerk, passed, approved, and adopted by the City Council at a regular
meeting held on the 26th day of July, 2021.
Gloria D. Harper, City Clerk
Financial Analyst
Department/Division:
Financial Services/Accounting
Reports To:
Finance Manager
Provides Direction To:
Technical direction to Accounting
Technicians
FLSA Exemption Status:
Exempt
Date Prepared:
July 1, 2021
Date Adopted by City Council:
GENERALPURPOSE
Under general direction, performs a variety of professional and complex analysis in
support of specialized financial activities, and the preparation of forecasts and reports;
conducts rate/fee studies and forecasting; collects and analyzes market and risk data;
serves as a resource to managers and employees on financial matters; participates in
complex policy development and strategic planning; coordinates assigned activities with
other divisions, outside agencies, and the general public; ensures compliance with the
City's purchasing policy and performs related financial work as required.
ESSENTIAL FUNCTIONS
The duties listed below are intended only as illustrations of the various types of work that
may be performed. The omission of specific statements of duties does not exclude them
from the position if the work is similar, related, or a logical assignment to the class.
1. Manage and coordinate the development of the Citywide annual budget, budget
systems management, revenue forecasting, and budget analysis and implementation.
2. Provide complex research, development, data analysis and implementation of City
policies, programs, procedures and special projects.
3. Conducts periodic financial and statistical surveys and performs research on fiscal,
administrative, and operations topics.
4. Assists in the preparation of Council agenda reports and presentation materials
regarding areas of assigned responsibilities.
5. Performs special cost, trend, impact, and other analyses, drafts reports and
recommendations on assigned projects.
6. Assists with the preparation of Annual Financial Reports.
ESSENTIAL FUNCTIONS (continued)
Financial Analyst Page 1/4
7. Analyzes financial system needs and identifies methods to manage information and
procedures with greater efficiency and reliability. Analyzes the flow of information
system data and develops internal procedures for staff to facilitate the timely and
accurate entry of financial records.
8. Conducts contract reviews, analyzes insurance coverage information and
documentation for all agreements, leases, and purchase orders.
9. Ensures compliance with the applicable federal, state and local policies, procedures,
laws and regulations.
10. Prepares budget amendments, budget adjustments and journal entries.
QUALIFICATIONS GUIDELINES
Knowledge of:
1. Financial management and sustainability practices related to local government
including financial statements and reporting, financial modeling, cash flow analysis,
financial securities, financial risk measures, municipal budgeting and fiscal
sustainability, and internal controls.
2. Principles, practices, methods, and procedures to produce cost of service studies,
research, financial analysis, and statistical presentations.
3. Methods and techniques for conducting financial analysis and rate studies.
4. Modern financial systems, applicable software and office methods, procedures, and
equipment including the Microsoft programs (Excel, Word, and Outlook); including
experience with financial system upgrades.
5. Principles and practices of public agency procurement and purchasing programs
including competitive bidding procedures and supply chain management.
Ability to:
Employees at this level are generally assigned responsibility for the management and
administration of multiple significant programs, projects, functions, and/or service areas
within a department. Employees at this level also independently perform the most
complex, difficult, and responsible analyses related to financial, systems, statistical,
programmatic, management, and other administrative areas in providing highly
responsible staff support to a City department. Assignments are typically received in
broad, outline form, and employees are expected to act independently in developing
applicable resources and information. Employees at this level are assigned to highly
complex areas and the scope of duties requires greater expertise than at the Management
Analyst level.
Financial Analyst Page 2/4
Employee must be able to operate computer equipment and use accounting and payroll
accounting software, and spreadsheet and word processing software applications
programs; operate calculator and other standard office equipment; verify, interpret,
analyze and reconcile financial data and accounting information; organize work and set
priorities to meet deadlines; prepare and organize detailed accounting schedules;
communicate effectively, both orally and in writing; establish and maintain effective
working relationships with staff, management, vendors, contractors, customers, and others
in the course of work.
Education/Training/Experience:
Any combination of training and experience that would provide the required knowledge,
skills, and abilities is qualifying. A typical way to obtain the required qualifications would
be:
Experience: Four years of full-time, professional level, complex financial analysis
experience, including short and long-range financial forecasting, rate studies and analysis,
budget development, financial analysis, reconciliation, and reporting, preferably with a
governmental agency.
Education: Possession of a Bachelor's degree from an accredited college or university in
finance, accounting, economics, mathematics, business administration, or a related field.
Licenses, Certificates; Special Requirements:
None.
PHYSICAL AND MENTAL DEMANDS
The physical and mental demands described here are representative of those that must
be met by employees to successfully perform the essential functions of this class.
Reasonable accommodations may be made to enable individuals with disabilities to
perform the essential functions.
Physical Demands
While performing the duties of this class, the employee is constantly required to sit, and
frequently to stand and walk to counter areas. The sensory demands include the ability to
talk, and hear, both in person and by telephone; use hands to finger, handle, feel or
operate computer hardware and standard office equipment; and reach with hands and
arms. The employee occasionally lifts and carries records and documents weighing less
than 20 pounds.
Specific vision abilities required by this job include close vision and the ability to adjust
focus.
Mental Demands
While performing the duties of this class, the employee is regularly required to use oral
and written communication skills; read and interpret data; use math and mathematical
Financial Analyst Page 3/4
reasoning; establish priorities and work on multiple assignments and projects concurrently;
and interact appropriately with staff, management, vendors, and the general public in the
course of work.
WORK ENVIRONMENT
The employee frequently works in office conditions where the noise level is usually
moderate, at and below 85 decibels.
Financial Analyst Page 4/4
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Office Specialist
Department/Division:https://www.sealb
eachca.gov/
Financial Services/Accounting
Reports To:
Finance Manager
Provides Direction To:
None
FLSA Exemption Status:
Non-exempt
Date Prepared:
July 1, 2021
Date Adopted by City Council:
M=1ki1=101-1 11101%y�
Under general supervision, performs a wide variety of routine to moderately complex
clerical and customer service related duties requiring program knowledge, technical
evaluation of information, and the use of clerical skills to support the operations of the
assigned department.
The duties listed below are intended only as illustrations of the various types of work that
may be performed. The omission of specific statements of duties does not exclude them
from the position if the work is similar, related, or a logical assignment to the class.
1. Receives visitors and telephone calls; answers questions and provides departmental
information, documents, or forms requiring specialized knowledge; routes or directs
individuals as appropriate.
2. Receives, date stamps, reviews, and distributes mail.
3. Performs varied clerical duties related to the department as assigned.
4. Establishes and maintains routine databases and filing systems; files, scans, and
archives documents.
5. Researches readily available information; enters and compiles data in paper and
electronic files; compiles and prepares basic reports regarding division activities in the
area of assignment.
6. Provides backup support for other administrative support staff as necessary.
7. Perform other related duties as assigned.
Financial Analyst Page 1/3
QUALIFICATIONS GUIDELINES
Knowledge of:
1. Knowledge of modern office methods, procedures, practices, and equipment including
computers and standard business software (i.e. Microsoft Office applications).
2. Knowledge of objectives, programs, policies and procedures of the City.
3. Knowledge of principles and procedures of filing and record keeping.
4. Knowledge of proper English usage, spelling, grammar and punctuation.
5. Knowledge of basic arithmetic and fiscal record keeping.
Ability to:
Employees in this classification must be able to prepare and maintain accurate and clear
written documents such as reports, records, memoranda, forms, and correspondence;
ability to communicate clearly and effectively, both orally and in writing; ability to exercise
sound judgment within established guidelines; ability to demonstrate sensitivity, tact, and
excellent customer service while interacting with others; ability to establish and maintain
cooperative working relationships with employees, City officials, and the general public;
ability to maintain professionalism at all times, in person and over the phone, including
stressful situations and when handling disputes or complaints; ability to understand and
follow oral and written instruction.
Education/Training/Experience:
One year of experience in related clerical work involving a variety of typing and/or office
operation responsibilities.
Licenses, Certificates; Special Requirements:
None.
PHYSICAL AND MENTAL DEMANDS
The physical and mental demands described here are representative of those that must
be met by employees to successfully perform the essential functions of this class.
Reasonable accommodations may be made to enable individuals with disabilities to
perform the essential functions.
Physical Demands
While performing the duties of this class, the employee is constantly required to sit, and
frequently to stand and walk to counter areas. The sensory demands include the ability to
talk, and hear, both in person and by telephone; use hands to finger, handle, feel or
operate computer hardware and standard office equipment; and reach with hands and
Financial Analyst Page 2/3
arms. The employee occasionally lifts and carries records and documents weighing less
than 20 pounds.
Specific vision abilities required by this job include close vision and the ability to adjust
focus.
Mental Demands
While performing the duties of this class, the employee is regularly required to use oral
and written communication skills; read and interpret data; and interact appropriately with
staff, management, vendors, and the general public in the course of work.
WORK ENVIRONMENT
The employee frequently works in office conditions where the noise level is usually
moderate, at and below 85 decibels.
Financial Analyst Page 3/3
�F SEA1 d
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Recreation Specialist
Department/Division:
Community Services
Reports To:
Recreation Manager
Provides Direction To:
Part-time Recreation Staff
Exemption Status:
Non -Exempt
Date Prepared:
July 26, 2021
GENERALPURPOSE
Under general supervision, organizes, coordinates, and administers parks and facility
rentals at a specific center; contracts, registration, payments, insurance records, and
program registration and costs and provides direction to part-time recreation staff and
interns providing assistance; and performs related duties as required.
DISTINGUISHING CHARACTERISTICS
The Recreation Specialist is distinguished from the Community Services Coordinator in
that the Recreation Specialist primary functions are the scheduling and tracking of
classes, site supervision, program coordination and the rental of parks and facilities as
opposed to the direct supervision of regular parks staff.
ESSENTIAL FUNCTIONS
The duties listed below are intended only as illustrations of the various types of work
that may be performed. The omission of specific statements of duties does not exclude
them from the position if the work is similar, related or a logical assignment to this class.
1. Oversees, facilitates, and coordinates the delivery of a variety of recreation
activities and maintains a safe environment for program participants in various
settings including parks and recreation centers.
2. Supervises established programs of recreation activities as well as special events
for patrons of all ages.
3. Communicates with participants regarding program objectives and activities.
4. Resolves program issues within established guidelines.
Recreation Specialist Page 1/4
5. Performs general office and customer service duties, including basic cashiering,
answering the telephone, greeting patrons, data entry, copying, and filing;
prepares flyers, calendars, and other routine publicity; prepares routine reports of
participation and activities.
6. Maintains inventory of materials and equipment required for program activities;
requisitions materials and equipment.
7. Maintains recreational facilities, storage sites, and other work areas in a clean and
orderly condition performing basic custodial duties and minor facility maintenance
as needed; opens, closes, and secures buildings for events.
8. Performs opening and closing procedures for recreation facilities including
ensuring that facilities and equipment are clean and ready for use prior to opening
and securing facilities and equipment after closing.
9. Issues and collects recreation equipment and supplies; makes minor repairs to
recreation equipment.
10. Administers basic first aid as necessary.
11. Assists in the encouragement of participation and good sportsmanship.
12. Responds to participants' needs for assistance or information.
13. Observes safe work methods and makes appropriate use of related safety
equipment as required.
14. Maintains accurate logs and records of work performed and materials and
equipment used.
15. Monitors the proper and safe use of program facilities by the general public;
patrols recreational facilities to ensure adherence to rules and ordinances;
enforces recreational facility safety rules; interprets and applies policies,
procedures, laws, codes, and regulations; assists in education about the
enforcement of rules and regulations.
16. Provides administrative support to the department, such as conducting research,
performing special projects, developing reports, or compiling statistics.
17. Assists with development and management of recreation contract administration
and use agreements.
18. Performs other duties as assigned.
Recreation Specialist Page 2/4
QUALIFICATIONS GUIDELINES
Knowledge of:
Principles and practices of recreation and leisure services program administration;
State and local health and safety regulations; research and report writing
techniques; contract class offerings and administrative procedures; facility rental
practices; marketing techniques; sports rules and regulations; basic principles of
employee supervision; records management practices; customer service
techniques.
Ability to:
Plan, organize, review, and evaluate the work of part-time and contract employees;
lead, motivate, and train staff in proper work procedures; establish and maintain
effective working relationships with staff, contractors, management, facility users,
vendors, and the general public; follow oral and written instructions; communicate
effectively, both orally and in writing; prepare clear, concise and complete records,
reports, and correspondence; operate modern office equipment including computer
hardware and related word processing, spreadsheet, graphics, and specialized
recreation registration software applications.
Education/Training/Experience:
Bachelor's degree from an accredited four-year college or university with a major in
leisure services, recreation management, physical education, or a related field is
desirable. Two years of professional recreation and program planning experience is
required.
Licenses and/or Certificates:
Valid Class C California driver's license, acceptable driving record, and evidence of
insurance.
Recreation Specialist Page 3/4
PHYSICAL AND MENTAL DEMANDS
The physical and mental demands described here are representative of those that must
be met by employees to successfully perform the essential functions of this class.
Reasonable accommodations may be made to enable individuals with disabilities to
perform the essential functions.
Physical Demands
While performing the duties of this class, the employee is regularly required to
stand, sit, or walk; talk or hear, in person and by telephone; use hands to finger,
handle, feel or operate standard office equipment; reach with hands and arms
above and below shoulder level. The employee is frequently required to lift and
move records and documents typically weighing up to 20 pounds.
Specific vision abilities required by this job include close vision and the ability to
adjust focus.
Mental Demands
While performing the duties of this class, employees are regularly required to use
written and oral communication skills; read and interpret data, information and
documents; analyze and solve problems; observe and interpret situations; learn and
apply new information or skills; perform highly detailed work; work on multiple,
concurrent tasks; work with frequent interruptions; work under intensive deadlines;
and interact with staff, management, contract instructors, vendors, the public, and
others encountered in the course of work.
WORK ENVIRONMENT
The employee works in both office and field settings, and occasional travel is required
to different community centers, events, as well as user group and public meeting sites.
In the office setting, the noise level is frequently quiet or moderately quiet, typically
below 85 decibels. In field settings, the employee is exposed to loud noise during
sporting and recreational activities and works under variable weather conditions at
different sites and events.
Recreation Specialist Page 4/4
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AGENDA STAFF REPORT
�1'',,C'QCIFORN�P'r
DATE: July 26, 2021
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Kelly Telford, CPA, Finance Director/Treasurer
SUBJECT: Amendment of a Professional Services Agreement with MV
Cheng & Associates for Temporary Finance Staff Needs
SUMMARY OF REQUEST:
That the City Council adopt Resolution 7178 authorizing the City Manager to
amend an existing Professional Services Agreement with MV Cheng &
Associates for a not -to -exceed amount of $75,000 for temporary finance staffing
needs.
BACKGROUND AND ANALYSIS:
In March 2021, a contract was entered into with MV Cheng & Associates to
provide part-time temporary staffing for the Finance Department in an amount
not -to -exceed $30,000. It was initially anticipated that the temporary staffing
needs would be approximately 90 days. However, additional assistance is
necessary due to the demands of implementing Tyler Incode, the City's new
financial software. The amended contract will add $45,000 to the not -to -exceed
contract amount. It is anticipated that this will be a short-term need until the
Finance Department no longer requires assistance.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
The City Attorney has reviewed the proposed resolution and approved as to
form.
FINANCIAL IMPACT:
Sufficient funds are available in the approved FY 2021-22 Adopted Budget.
Agenda Item K
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 7178 authorizing the City Manager to
amend extend an existing Professional Services Agreement with MV Cheng &
Associates for a not -to -exceed amount of $75,000 for temporary finance staffing
needs.
SUBMITTED BY:
Kelly Telford
Kelly Telford, CPA, Finance
Director/Treasurer
NOTED AND APPROVED:
Jill R. Ingram
Jill R. Ingram, City Manager
ATTACHMENTS:
A. Resolution 7178
B. Amendment No. 1 for Temporary Staffing Services Agreement (MV Cheng &
Associates)
Page 2
RESOLUTION 7178
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE AMENDMENT NO. 1 TO THE PROFESSIONAL
SERVICES AGREEMENT WITH MV CHENG & ASSOCIATES,
INC. FOR TEMPORARY STAFFING ASSISTANCE SERVICES
WHEREAS, on March 31, 2021, the City Council approved a Professional
Services Agreement (Agreement) with MV Cheng & Associates, Inc. in the
amount of $30,000 to provide temporary staffing assistance services to the
Finance Department.
NOW, THEREFORE, the City of Seal Beach City Council does hereby
resolve:
Section 1. The City Council hereby approves Amendment No. 1 dated July 26,
2021 to the Agreement dated March 31, 2021 between the City of Seal Beach
and MV Cheng & Associates, Inc., to provide for additional temporary accounting
services to be provided under the Agreement and to increase the compensation
paid to Consultant under the Agreement, as amended, to a total not -to -exceed
amount of $75,000, as set forth in Exhibit "A", attached hereto and incorporated
herein by this reference.
Section 2. The City Council hereby authorizes the City Manager to execute
Amendment No. 1.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at
a regular meeting held on the 26th day of July, 2021 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Joe Kalmick, 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 7178 on file in the office of
the City Clerk, passed, approved, and adopted by the City Council at a regular
meeting held on the 26th day of July, 2021.
Gloria D. Harper, City Clerk
lW
KV CH I{',NG & Its SKUTE Is
Munkipa! Yalue Coasudtanis
June 28, 2021
City of Seal Beach
211 Eighth St.
Seal Beach, CA 90740
Dear Ms. Telford:
EXHIBIT A
Please accept this letter as MV Cheng & Associates Inc.'s proposal to your request for an interim
Customer Service Clerk for the City of Seal Beach.
My firm, MV Cheng & Associates Inc., operates as an incorporated business within the State of
California, with my associates being sub -contractors of the firm. Having over 20 years of
experience in municipal auditing, accounting, and finance in several cities, large and small, has
allowed me to be able to lend my expertise as a finance director to cities in need of financial
help. I have served as Director of Finance and Director of Finance and Administrative Services
for several cities. Most recently, I served as the Interim Finance Officer for the City of Yucaipa.
In addition to the cities I serve personally, my sub -contractors have worked in several cities on
short and long term assignments ranging from Payroll Technician, Accountant, Senior
Accountant, Accounting Manager and Finance Director as well as serving on a long term basis as
contract staff. Myself, as well as all of my sub -contractors are former employees of municipal
government agencies. We bring a wealth of knowledge and expertise to our city clients, with a
level of professionalism and understanding of the culture of the political and city office
environments.
With respect to the accounting services requested, I will be presenting one candidate. Below is a
brief synopsis and the rate. Please refer to the resume attached for more details.
• $35 per hour-Yadira Bonilla -Clayton -Over 30 years of municipal experience consisting
of positions such as Customer Service Supervisor, Business License Supervisor, Data
Systems Coordinator, Data Entry Technician, Data Entry Operator.
MV Cheng & Associates Inc., is a unique firm in that it employs predominantly only former
city/special district employees to work as sub -contractors in various cities on either a
temporary/interim basis to long term contract staff. We bring a wealth of municipal knowledge
and expertise in financial accounting that only city employees possess, yet we are consultants
that can fill a void or bring change and improvement to a city's finance department. The goal of
MV Cheng & Associates Inc. is not to make a huge profit, but to help cities with their needs in
the finance department at competitive rates. Thus, MV Cheng & Associates Inc. are Municipal
Value Consultants!
Thank you for taking the time to consider my proposal for accounting assistance for your City.
Should you have any further questions, please do not hesitate to contact me at (925) 963-9996 or
email me at: mcheng@mvchengassociates.com
Sincerely,
&V
Misty V. Cheng
President & CEO
YADIRA BONILLA-CLAYTON
Profile
Skills
Hands on Supervisor dedicated to providing excellent customer service, maximizing operation efficiency,
employee development, and the safeguarding of revenue finances. Twenty plus years experience in both
public and private sector from entry level to management.
• Employee Development
• Budget Administration
• Maximizing efficiency
• Interact with governing bodies
• Public Relations
• Financial Record-keeping
• Debt collection, cash balancing and reconciliation
• Fluent in English and Spanish
Employment History
CUSTOMER SERVICE SUPERVISOR 11 / 2002 TO 04/2021
City of South Gate
Supervise staff engaged in business license and water staff receiving and processing 15,000+ tap water
service payments. Assist and provide recommendation in the preparation of division budgets, maintain
and expand professional relationship with water agencies, public, staff and governing entities. Coordinate
and conduct field inspections and audits of businesses for proper licenses and compliance with applicable
regulations. Recommend revisions to City business licensing ordinances; develop forms and procedures
for investigation and collection of fees and taxes. Respond to customer inquiries in person and by phone,
explain utility regulations and procedures. Resolve more difficult customer/ credit complaints and/or set
up of payment plans. Oversee the cash receipts and daily financial record keeping; prepares and
coordinates a variety of work reports and records. All other related duties as required.
BUSINESS LICENSE SUPERVISOR 03/ 2002 TO 11/ 2002
City of South Gate
Plan, organize schedules and supervise staff engaged in business license. Determine priorities and make
staff assignments; review and inspect work performed. Train and evaluate subordinate staff. Approve time
off and maintain employee vacation and leave requests. Respond to inquiries in person and by phone
providing explanation of license and permit application process; assist business owners with permit
application processes determine license liability, tax classification and collect taxes. Coordinate with other
City departments' prosecution of delinquent owners through the court system; collect and analyze
evidence for complaint preparation. Maintain relationship and correlate work with city officials. All other
related duties as required.
BUSINESS LICENSE COORDINATOR 01 / 1995 TO 03/2002
City of South Gate
Coordinates, supervises and participates in the collection of revenues from business licensing, hospitality
and accommodations taxes, insurance and telecommunications taxes, and other sources. All other duties as
required.
DATA SYSTEMS COORDINATOR 10/ 1989 TO 01/ 1995
City of South Gate
Supervise and participate in the operation of data processing in the Finance Department. Train and
evaluate subordinate personnel. Assist in solving problems regarding use of data processing equipment
and developing statistical and financial reports. All other duties as required.
DATA ENTRY TECHNICIAN
City of South Gate
11/ 1986 TO 10/ 1989
Input variety of data, run reports, balance and input source documents. Calculate various monthly reports,
classify code data for entry. Perform system backups, water adjustments, opening and closing of water
accounts and assist in staff training. All other duties as required.
DATA ENTRY OPERATOR
City of South Gate
08/ 1986 TO 11 / 1986
Data entry, running reports, operate mail machine. Deliver mail to post office and maintain monthly total
on postage. All other duties as required.
Accomplishments
• Performed in-house audits, in which last one brought in $36,000 in revenue.
• Trained, promoted and assisted career growth with numerous employees within my span of control.
Education
SOME COLLEGE COURSES 1980
Compton College Compton, CA
East Los Angeles College MontereyPACA
Cerritos College Norwalk, CA
GENERAL EDUCATION 1978
South Gate High School South Gate, CA
Related Coursework
Attend numerous workshops and seminars related to customer service over 20 year career.
Professional Affiliations
• Commissioner - South Gate Youth Commission
• Treasurer - South Gate Multi -Cultural Women's Club
AMENDMENT NO. 1
PROFESSIONAL SERVICES AGREEMENT
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
and
MV Cheng & Associates, Inc.
102 W. 24th Street
Upland, CA 91784
(925) 963-9996
This Amendment No. 1, dated July 26, 2021, amends that certain agreement
("Agreement") dated March 31, 2021 by and between the City of Seal Beach ("City"), a
California charter city and MV Cheng & Associates, Inc., ("Consultant"), a California
corporation.
RECITALS
A. City and Consultant are parties to the Agreement, pursuant to which
Consultant provides temporary staffing assistance services to support the City's
Finance Department.
B. City and Consultant wish to amend the Agreement to provide for additional
temporary accounting services to be provided under the Agreement and to increase the
compensation paid to Consultant under the Agreement.
AMENDMENT NO. 1
NOW, THEREFORE and in consideration of the foregoing and of the mutual
covenants and promises herein set forth, the parties agree to amend the Agreement as
follows:
1. Section 3.1 of the Agreement is hereby amended to read as follows:
"3.1. Compensation. As full compensation for Scope of Services satisfactorily
rendered, City agrees to compensate Consultant, and Consultant agrees to accept
in full satisfaction for the services required by this Agreement and provided on or
after July 26, 2021, the hourly rate of Seventy -Five Dollars ($75.00) for the services
provided by Ash Hassan, as more particularly described in Exhibit A and Thirty -
Five Dollars ($35.00) for the services provided by Yadira Bonilla -Clayton, as more
particularly described in Exhibit A-1, attached hereto by this reference
("Compensation"). Said Compensation shall constitute reimbursement of
Consultant's fee for the services as well as the actual cost of any staff time, other
direct or indirect costs or fees, including the work of employees, consultants and
subcontractors, equipment, materials, and supplies necessary to provide the service
(including all labor, materials, delivery, tax, assembly, and installation as
applicable). In no event shall the Consultant be paid more than $75,000, which
includes expenses and additional services (if any) during the term of this Agreement
("Maximum Compensation").
2. Except as expressly modified or supplemented by this Amendment No. 1, all other
provisions of the Agreement shall remain unaltered and in full force and effect. In
the event of a conflict between the provisions of this Amendment No. 1 and the
provisions of the Agreement, the provisions of this Amendment No. 1 shall control.
3. 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
Amendment No. 1.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1
to be executed and attested by their proper officers thereunto:
CITY OF SEAL BEACH
Jill R. Ingram, City Manager
Attest:
By:
Gloria D. Harper, City Clerk
Approved as t or
By:
ig A. Steele, City Attorney
MV CHENG AND ASSOCIATES, INC.
By:_
Name:
Its:
By:
Name:
Its:
(Please note, two signatures required for corporations
under Corp. Code §313, unless corporate documents
authorize only one person to sign this Agreement on
behalf of the corporation.)
EXHIBIT A-1
SCOPE OF WORK
(Attached)
lW
RV CH I{ NG USSKUT1L's
mimicipa! Yalue Coasudtanis
June 28, 2021
City of Seal Beach
211 Eighth St.
Seal Beach, CA 90740
Dear Ms. Telford:
Please accept this letter as MV Cheng & Associates Inc.'s proposal to your request for an interim
Customer Service Clerk for the City of Seal Beach.
My firm, MV Cheng & Associates Inc., operates as an incorporated business within the State of
California, with my associates being sub -contractors of the firm. Having over 20 years of
experience in municipal auditing, accounting, and finance in several cities, large and small, has
allowed me to be able to lend my expertise as a finance director to cities in need of financial
help. I have served as Director of Finance and Director of Finance and Administrative Services
for several cities. Most recently, I served as the Interim Finance Officer for the City of Yucaipa.
In addition to the cities I serve personally, my sub -contractors have worked in several cities on
short and long term assignments ranging from Payroll Technician, Accountant, Senior
Accountant, Accounting Manager and Finance Director as well as serving on a long term basis as
contract staff. Myself, as well as all of my sub -contractors are former employees of municipal
government agencies. We bring a wealth of knowledge and expertise to our city clients, with a
level of professionalism and understanding of the culture of the political and city office
environments.
With respect to the accounting services requested, I will be presenting one candidate. Below is a
brief synopsis and the rate. Please refer to the resume attached for more details.
• $35 per hour-Yadira Bonilla -Clayton -Over 30 years of municipal experience consisting
of positions such as Customer Service Supervisor, Business License Supervisor, Data
Systems Coordinator, Data Entry Technician, Data Entry Operator.
MV Cheng & Associates Inc., is a unique firm in that it employs predominantly only former
city/special district employees to work as sub -contractors in various cities on either a
temporary/interim basis to long term contract staff. We bring a wealth of municipal knowledge
and expertise in financial accounting that only city employees possess, yet we are consultants
that can fill a void or bring change and improvement to a city's finance department. The goal of
MV Cheng & Associates Inc. is not to make a huge profit, but to help cities with their needs in
the finance department at competitive rates. Thus, MV Cheng & Associates Inc. are Municipal
Value Consultants!
Thank you for taking the time to consider my proposal for accounting assistance for your City.
Should you have any further questions, please do not hesitate to contact me at (925) 963-9996 or
email me at: mcheng@mvchengassociates.com
Sincerely,
&V
Misty V. Cheng
President & CEO
YADIRA BONILLA-CLAYTON
Profile
Skills
Hands on Supervisor dedicated to providing excellent customer service, maximizing operation efficiency,
employee development, and the safeguarding of revenue finances. Twenty plus years experience in both
public and private sector from entry level to management.
• Employee Development
• Budget Administration
• Maximizing efficiency
• Interact with governing bodies
• Public Relations
• Financial Record-keeping
• Debt collection, cash balancing and reconciliation
• Fluent in English and Spanish
Employment History
CUSTOMER SERVICE SUPERVISOR 11 / 2002 TO 04/2021
City of South Gate
Supervise staff engaged in business license and water staff receiving and processing 15,000+ tap water
service payments. Assist and provide recommendation in the preparation of division budgets, maintain
and expand professional relationship with water agencies, public, staff and governing entities. Coordinate
and conduct field inspections and audits of businesses for proper licenses and compliance with applicable
regulations. Recommend revisions to City business licensing ordinances; develop forms and procedures
for investigation and collection of fees and taxes. Respond to customer inquiries in person and by phone,
explain utility regulations and procedures. Resolve more difficult customer/ credit complaints and/or set
up of payment plans. Oversee the cash receipts and daily financial record keeping; prepares and
coordinates a variety of work reports and records. All other related duties as required.
BUSINESS LICENSE SUPERVISOR 03/ 2002 TO 11/ 2002
City of South Gate
Plan, organize schedules and supervise staff engaged in business license. Determine priorities and make
staff assignments; review and inspect work performed. Train and evaluate subordinate staff. Approve time
off and maintain employee vacation and leave requests. Respond to inquiries in person and by phone
providing explanation of license and permit application process; assist business owners with permit
application processes determine license liability, tax classification and collect taxes. Coordinate with other
City departments' prosecution of delinquent owners through the court system; collect and analyze
evidence for complaint preparation. Maintain relationship and correlate work with city officials. All other
related duties as required.
BUSINESS LICENSE COORDINATOR 01 / 1995 TO 03/2002
City of South Gate
Coordinates, supervises and participates in the collection of revenues from business licensing, hospitality
and accommodations taxes, insurance and telecommunications taxes, and other sources. All other duties as
required.
DATA SYSTEMS COORDINATOR 10/ 1989 TO 01/ 1995
City of South Gate
Supervise and participate in the operation of data processing in the Finance Department. Train and
evaluate subordinate personnel. Assist in solving problems regarding use of data processing equipment
and developing statistical and financial reports. All other duties as required.
DATA ENTRY TECHNICIAN
City of South Gate
11/ 1986 TO 10/ 1989
Input variety of data, run reports, balance and input source documents. Calculate various monthly reports,
classify code data for entry. Perform system backups, water adjustments, opening and closing of water
accounts and assist in staff training. All other duties as required.
DATA ENTRY OPERATOR
City of South Gate
08/ 1986 TO 11 / 1986
Data entry, running reports, operate mail machine. Deliver mail to post office and maintain monthly total
on postage. All other duties as required.
Accomplishments
• Performed in-house audits, in which last one brought in $36,000 in revenue.
• Trained, promoted and assisted career growth with numerous employees within my span of control.
Education
SOME COLLEGE COURSES 1980
Compton College Compton, CA
East Los Angeles College MontereyPACA
Cerritos College Norwalk, CA
GENERAL EDUCATION 1978
South Gate High School South Gate, CA
Related Coursework
Attend numerous workshops and seminars related to customer service over 20 year career.
Professional Affiliations
• Commissioner - South Gate Youth Commission
• Treasurer - South Gate Multi -Cultural Women's Club
i�0� SEA('ec�9ti
f�
G� nyy
AGENDA STAFF REPORT
�1'',,C'QCIFORN�P'r
DATE: July 26, 2021
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Patrick Gallegos, Assistant City Manager
SUBJECT: Approve the Memorandum of Understanding with the Seal
Beach Marine Safety Management Association for the
Period of July 1, 2021 through June 30, 2024
SUMMARY OF REQUEST:
That the Council adopt Resolution 7179:
1. Approving the Memorandum of Understanding with the Seal Beach
Marine Safety Management Association (SBMSMA) for the period of
July 1, 2021 through June 30, 2024; and,
2. Authorizing the City Manager to execute a Memorandum of
Understanding with the Seal Beach Marine Safety Management
Association.
BACKGROUND AND ANALYSIS:
The City has met and collectively bargained in good faith with the Seal Beach
Marine Safety Management Association (SBMSMA) as to wages, hours, and
working conditions. Based upon such collective bargaining, the City and the
SBMSMA have drafted a Memorandum of Understanding (MOU).
The terms and conditions of a tentative agreement were reached between the
City and the SBMSMA. The MOU attached to Resolution 7182 incorporates the
terms and conditions of the agreement. The SBMSMA has accepted the terms,
conditions and provisions set forth in its MOU. The MOU is retroactive to the first
full pay period in July of 2021.
This agreement is a three-year agreement and entitles the bargaining unit a cost
of living adjustment of 3.6% in year one of the contract, 3% in year two and 1 %-
3% in year three (based on the Consumer Price Index).
Agenda Item L
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
The City Attorney has reviewed this staff report and approved it as to form.
FINANCIAL IMPACT:
If approved, the proposed increases would be retroactive to the first full pay
period in July of 2021. The total estimated budgetary impact over the three-year
contract is $53,100. There is adequate funding in the Fiscal Year 2021-22
Adopted Budget to cover the cost for FY 2021-22. The costs associated with
Fiscal Years 2022-23 and 2023-24 will be budgeted in the future during the
respective budget development processes.
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 Council adopt Resolution 7179:
1. Approving the Memorandum of Understanding with the Seal Beach
Marine Safety Management Association (SBMSMA) for the period of
July 1, 2021 through June 30, 2024; and,
2. Authorizing the City Manager to execute a Memorandum of
Understanding with the Seal Beach Marine Safety Management
Association.
SUBMITTED BY:
Patrick Gallegos
Patrick Gallegos, Assistant City
Manager
NOTED AND APPROVED:
Jill R. Ingram
Jill R. Ingram, City Manager
Prepared by: Jennifer Robles, Management Analyst
Page 2
ATTACHMENTS:
A. Resolution 7179
B. Exhibit A-SBMSMA Memorandum of Understanding
C. Exhibit B-SBMSMA Memorandum of Understanding Redline Version
Page 3
RESOLUTION 7179
APPROVE THE MEMORANDUM OF UNDERSTANDING WITH THE
SEAL BEACH MARINE SAFETY MANAGEMENT ASSOCIATION
FOR THE PERIOD OF JULY 15 2021 THROUGH JUNE 30, 2024
IISM Iwe] IWKK01,110 INSM121V21--yfiV0105112110=1VI &N1101TIT&O
WHEREAS, the City of Seal Beach values the work of all its employees and
seeks to maintain fair and mutually beneficial terms and conditions of
employment for the good of the City and the employees; and,
WHEREAS, representatives of the City and representatives of the bargaining
group named above have met, conferred, and negotiated in good faith regarding
wages, hours and working conditions. As a result of such good faith negotiation
the City and the group have developed the Memorandum of Understanding
("MOU") attached hereto as Exhibit A, which is incorporated herein by this
reference.
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
SECTION 1. The MOU between the City of Seal Beach and the Seal Beach
Marine Safety Management Association dated July 1, 2021 through June 30,
2024 and attached hereto as Exhibit A is hereby approved.
SECTION 2. The City Manager is authorized to execute Exhibit A, inclusive, on
behalf of the City, and to take the actions necessary to implement.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a
regular meeting held on the 26th day of July, 2021 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Joe Kalmick, 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 7179 on file in the office of
the City Clerk, passed, approved, and adopted by the City Council at a regular
meeting held on the 26th day of July, 2021.
Gloria D. Harper, City Clerk
Seal Beach Marine Safety Management
Association (SBMSMA)
MEMORANDUM OF UNDERSTANDING
Q�4
Resolution 7179 - Exhibit A
ADOPTED: July 1, 2021
EXPIRES: June 30, 2024
Resolution 7179 SBMSMA
TABLE OF CONTENTS
SECTION 1: RECOGNITION....................................................................................5
SECTION 2: CITY RIGHTS
Rights/Responsibilities.....................................................................................6
SECTION 3: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY
INSURANCE
A. Health Insurance Coverage........................................................................8
B. Life Insurance.............................................................................................9
C. Income Continuation..............................................................................9
D. Annual Dermatological Screening.........................................................9
SECTION 4: RETIREMENT HEALTH INSURANCE.............................................10
SECTION 5: SICK LEAVE......................................................................................11
SECTION 6: VACATION TIME...............................................................................11
SECTION 7: HOLIDAYS.........................................................................................13
SECTION 8: RETIREMENT....................................................................................15
SECTION 9: OVERTIME AND CALL OUT PAY....................................................15
SECTION 10: COMPENSATORY TIME OFF........................................................16
2 of 25
Resolution 7179
SBMSMA
SECTION 11: PROVISIONAL APPOINTMENTS...................................................16
SECTION 12: SENIORITY BONUS........................................................................16
SECTION 13: AUTOMOBILES AND MILEAGE....................................................16
SECTION 14: ADMINISTRATIVE LEAVE..............................................................16
SECTION 15: LIMITATIONS...................................................................................17
SECTION 16: DEFERRED COMPENSATION.......................................................17
SECTION 17: BILINGUAL COMPENSATION.......................................................17
SECTION 18: CERTIFICATION PAY......................................................17
SECTION 19: WORK SCHEDULE.........................................................................18
SECTION 20: TUITION REIMBURSEMENT..........................................................18
SECTION 21: COMPENSATION PLAN
A. Basic Compensation Plan........................................................................18
B. Advancement within Salary Ranges........................................................19
C. Salary Increases.......................................................................................19
D. Salary Decreases.....................................................................................20
E. Adjustments of Salary Ranges.................................................................20
F. Salary and Benefits on Suspension.........................................................20
G. Salary Adjustments During Term of MOU...............................................20
3of25
Resolution 7179 SBMSMA
SECTION 22: LEAVES OF ABSENCE
A. Authorized Leave of Absence Without Pay..............................................21
B. Bereavement Leave................................................................................21
C. Military Leave of Absence.......................................................................21
D. Pregnancy Disability Leave of Absence.................................................22
E. Family Leave............................................................................................22
F. Catastrophic Leave..................................................................................23
SECTION 23: MISCELLANEOUS
Lay-off............................................................................................................. 24
SECTION 24: TERM................................................................................................24
SECTION 25: APPEALS.........................................................................................24
SECTION 26: REOPENER......................................................................................24
SECTION 27: RATIFICATION................................................................................24
4 of 25
Resolution 7179
SBMSMA
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF SEAL BEACH
MARINE SAFETY MANAGEMENT ASSOCIATION
SECTION 1: RECOGNITION
A. Pursuant to the provisions of Employee -Employer Relations Resolution
5242, as amended, the City of Seal Beach (hereinafter called the "City" and/or
"Employer" and/or "Management" interchangeably) has recognized for the
purpose of this Memorandum of Understanding (MOU), the Seal Beach Marine
Safety Management Association (SBMSMA) an association of employees of the
City of Seal Beach, hereinafter referred to as "Association".
B. The City recognizes the Association as the representative of the
employees in the classification and assignments set forth in Section 21.G below
for the purpose of meeting its obligations under this MOU, the Meyers-Milias-
Brown Act, Government Code Section 3500 et seq., when City rules, regulations,
or laws affecting wages, hours and/or other terms and conditions of employment
are amended or changed.
C. The City agrees that the recognized representatives of Association not to
exceed 3 in number shall be entitled to meet and confer with City during said
recognized representatives' normal working hours without suffering any loss in
pay while absent from the duties for such purpose. City also agrees that such
representatives may utilize a total of not more than 3 hours per year without
suffering any loss in pay for such absence for the purpose of meeting with
employees who are members of the Association and/or other officers of the
Association.
D. City recognizes Association's right to appoint or elect representatives to
meet and confer with City's management representatives on salaries, wages, and
terms and conditions of employment. Association agrees to notify City in writing
as to the identity of the representatives and of subsequent appointments, if any.
Association and City agree that employees appointed or elected as Association
representatives shall be required to work full time.
E. It is recognized and agreed that no Association business and/or meetings
will be conducted and/or attended by employees of City during their respective
hours of duty and work unless specified herein.
F. Representatives and/or officers of Association shall not interrupt the work
of any employee of City at any time to conduct business or other matters
connected with Association without prior consent of Management.
5of25
Resolution 7179 SBMSMA
G. This document supersedes all prior Memoranda of Understanding and
verbal agreements between the parties hereto.
SECTION 2: CITY RIGHTS
A. Rights/Responsibilities - This City reserves, retains and is vested with
solely and exclusively, all rights of management which have not been expressly
abridged by specific provisions of this MOU or by law to manage the City, as such
rights existed prior to the execution of this MOU. The sole and exclusive rights of
management, as they are not abridged by this Agreement or by law, shall include
but not be limited to, the following rights:
1. To manage the City generally and to determine the issues of policy.
2. To determine the existence or nonexistence of facts which are the
basis of the management decision(s).
3. To determine the necessity and organization of any service or activity
conducted by the City and expand or diminish services.
4. To determine the nature, manner, means and technology and extent
of services to be provided to the public.
5. To determine methods of financing.
6. To determine types of equipment or technology to be used.
7. To determine and/or change the facilities, methods, technology,
means, organizational structure and size and composition of the work force and
allocate and assign work by which the City operations are to be conducted.
8. To determine and change the number of locations, relocations, and
types of operations, processes and materials to be used in carrying out all City
functions including, but not limited to, the right to contract for or subcontract any
work or operation of the City.
9. To assign work to and schedule employees in accordance with any
requirements set forth in this MOU, and to establish and change work schedules
and assignments upon reasonable notice insofar as such changes do not conflict
with this MOU.
10. To layoff employees from duties because of lack of work or funds, or
under conditions where continued work would be ineffective or non-productive.
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11. To establish and modify productivity and performance programs and
standards.
12. To discharge, suspend, demote, reprimand, withhold salary increases
and benefits, or otherwise discipline employees for cause.
13. To determine minimum qualifications, skills abilities, knowledge,
selection procedures and standards, job classifications and to reclassify employees
in accordance with this MOU and applicable resolutions and codes of the City.
14. To hire, transfer, promote and demote employees for non -disciplinary
reasons in accordance with the MOU and applicable resolutions and codes of the
City.
15. To determine policies, procedures and standards for selection,
training and promotion of employees in accordance with this MOU and applicable
resolutions and codes of the City.
16. To establish reasonable employee performance standards including
but not limited to, quality and quantity standards and to require compliance
therewith.
17. To maintain order and efficiency in its facilities and operation.
18. To establish and promulgate and/or modify rules and regulations to
maintain order and safety and which are not in contravention with the Agreement.
19. To restrict the activity of an employee organization on municipal
property and on municipal time except as set forth in this MOU.
20. To take any and all necessary action to carry out the mission of the
City in emergencies.
B. Where the City is required to make changes in its operations because of the
requirements of law, whenever the contemplated exercise of City Rights shall
impact the wages, hours and other terms and conditions of employment of the
bargaining unit, the City agrees to meet and confer in good faith with
representatives of the Association regarding the impact of the contemplated
exercise of such rights prior to exercising such rights, unless the matter of the
exercise of such rights is provided for in this MOU.
SECTION 3: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY
INSURANCE
A. Health Insurance Coverage
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1. The City shall contribute to the cost of medical coverage for each
eligible employee and his/her dependents, an amount not to exceed the California
Public Employees' Medical and Hospital Care Act (PEMHCA) minimum
contribution. For calendar year 2021, CalPERS has established the minimum
PEMHCA contribution at $143 per month per employee.
2. The City shall contribute an equal amount towards the cost of medical
coverage under PEMHCA for both active eligible employees and eligible retirees.
3. The City shall implement a full flex cafeteria plan for eligible
employees in accordance with the criteria provided to the Association during
negotiations. For employees participating in the City's cafeteria plan, each
employee shall receive a monthly flex dollar allowance to be used for the purchase
of benefits under the cafeteria plan. Beginning January 1, 2021, the monthly flex
dollar allowance shall be:
For Employee only
$
941.17/month
For Employee and 1 dependent
$
1454.41 /month
For Employee and 2 or more dependents
$
1880.83/month
4. A portion of the monthly flex dollar allowance is identified as the City's
contribution towards PEMHCA. Thus, for example, in calendar year 2021, an
employee only monthly flex dollar allowance is $941.17 of that $941.17; $143 has
been designated by the City as its required PEMHCA contribution to CalPERS.
The monthly flex dollar allowance may only be used in accordance with the terms of
the City's cafeteria plan.
5. Effective January 1, 2021, and every January 1St during the term of
this agreement, the City shall increase the contribution amounts above by the
average percentage of increase for basic plans published by CalPERS which sets
health insurance premiums for the coverage year.
6. Employees meeting the waiver criteria and electing to waive
enrollment in the City's cafeteria plan are eligible to receive $350 per month
beginning January 1, 2021 (upon showing proof of medical insurance coverage
under an alternative plan). Election forms are available in the Human Resources.
7. Full-time employees covered by this MOU who have completed 30
days of uninterrupted service shall be enrolled in the cafeteria plan on the first day
of the next succeeding month.
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8. Employees who change classification from full-time to part-time
provisional, hourly or seasonal shall not be eligible for participation in the cafeteria
plan.
9. City shall not contribute to the cafeteria plan for any employee during
any month the employee is on leave of absence without pay or who is absent from
regular duties without authorization, for a full calendar month. City shall contribute
to the cafeteria plan for eligible employees receiving temporary payments from
Workers Compensation Insurance.
B. Life Insurance
Employees covered by this agreement shall receive a $50,000 term life
insurance policy paid by the City. Said insurance shall become effective after the
employee has completed 30 days of uninterrupted service with said employee to
be enrolled in the program on the 1st day of the next succeeding month.
C. Income Continuation
Employees covered by this Agreement shall receive a policy to provide for
income continuation of 66.67% of the employee's monthly salary, up to a
maximum of $5,000 per month, whichever is lesser, paid by the City. Said
insurance shall become effective after the employee has completed 30 days of
uninterrupted service with said employee to be enrolled in the program on the 1 st
day of the next succeeding month. Said income continuation shall commence on
the 31st day of sickness or other bona fide absence or upon expiration of sick
leave, whichever occurs later, and continuing thereafter while the employee is
absent from work for a period of up to age 65.
D. Annual Dermatological Screening
The City will provide employees with one (1) annual dermatological (skin cancer)
screening at no cost to employees. Screening will be provided by Beach
Dermatology located at 500 Pacific Coast Highway, Suite 212 in Seal Beach and
must be scheduled by the employee. Any treatment deemed necessary
following the exam shall be scheduled by the employee through the employee's
provider of choice using the employee's insurance. All medical billing for the
screening services will be forwarded for payment to the City of Seal Beach by
Beach Dermatology.
SECTION 4: RETIREMENT HEALTH INSURANCE
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Resolution 7179 SBMSMA
A. Employees covered by this Agreement shall have the option upon
retirement, to continue participation in the City's health insurance program at the
employee's expense.
B. Employees in the Marine Safety Lieutenant classification, who were
hired before January 1, 2008 by the City, and who retire after December 31,
2009, with 20 or more combined years of employment with the City shall, upon
retirement, be provided with individual medical insurance coverage. If said
employee has 30 or more combined years of employment with the City upon
retirement, eligible dependent medical insurance coverage shall also be provided
at the rate of (a) the average of the 2 lowest cost medical care plans offered by
CaIPERS, or (b) the CaIPERS Kaiser HMO, whichever is greater. When the
retired employee becomes Medicare eligible, the City's contribution will be
capped at the rate of (a) the average of the 2 lowest cost Medicare supplement
plans offered by CaIPERS, or (b) the CaIPERS Kaiser HMO Medicare
supplement plan, whichever is greater.
C. Employees in the Marine Safety Officer classification covered by this
Agreement who were hired before April 13, 2009 by the City, have 20 or more
combined years of employment with the City, have reached 55 years of age, and
retire after December 31, 2010, shall be provided with individual medical
insurance coverage capped at the Kaiser HMO rate. If said employee has 30 or
more combined years of employment with the City upon retirement, eligible
dependent medical insurance coverage shall also be provided capped at the
Kaiser HMO rate. A portion of the payment for retiree or retiree and dependents
medical insurance is identified as the City's contribution towards PEMHCA.
D. On or after January 1St 2008, the City shall contribute to the cost of
medical coverage for each eligible retiree and dependents, an amount not to
exceed the California Public Employees' Medical and Hospital Care Act
(PEMHCA) minimum contribution.
E. In all cases, the City's contribution for eligible dependent coverage for
retirees shall terminate with the death of the retiree.
F. In the event an eligible retired employee resides in an area where the
health plans provided by the City are not in effect, that retired employee shall be
entitled to receive in cash each month an amount equal to the City flex
contribution at time of retirement.
SECTION 5: SICK LEAVE
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Resolution 7179 SBMSMA
A. All full-time employees covered by this MOU shall accrue sick leave at the
rate of 1 day (8 hours) per month of service. Sick leave may be accumulated up
to and including 520 hours. Except as otherwise provided in this MOU, no
employee shall receive further accruals once the 520 hour maximum is reached.
B. The Department Head may require employees to present proof of illness
for sick leaves in excess of 3 working days.
C. All employees in the Marine Safety Lieutenant classification, upon
termination of employment with the City, all compensable leave hours will be paid
to the employee at the employee's base rate of pay. Sick leave balances which
have not been converted to leave time will be paid to the employee upon
termination at 25% of the employee's base rate of pay.
D. All employees in the Marine Safety Officer classification except as
otherwise provided, employees shall not be eligible for any payment for sick
leave balances upon termination.
E. Employees who are on authorized leaves of absence, without pay, shall
not accrue sick leave hours during said leaves of absence.
F. Sick leave balances may not be used to defer a disability retirement.
SECTION 6: VACATION TIME
A. Marine Safety Officers covered by this Agreement, have passed the
employee probationary period (as defined in the Personnel Rules and
Regulations, Section 6.01) shall be granted a vacation with pay of approximately
80 hours per year up to a maximum of approximately (160) hours per year.
B. All employees in the Marine Safety Lieutenant classification who shall
have at least three (3) years of continuous service shall be entitled to eight (8)
additional hours of vacation for each year of full-time continuous service in
excess of three (3) years. The vacation accrual schedule for mid -management
employees is as follows:
Years
Service
Vacation
Hours
Earned
Maximum Hourly
Accrual Rate / Pay
Period Bi -Weekly
Annual
Vacation
Hours
Maximum
Vacation
Accrual
1
80
3.0769
80
160
2
80
3.0769
80
160
3
80
3.0769
80
160
4
88
3.3846
88
200
5
96
3.6923
96
200
6
104
4.0000
104
200
7
112
4.3044
112
200
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8
120
4.6154
120
200
9
128
4.9231
128
240
10
136
5.2308
136
240
11
144
5.5385
144
240
12
152
5.8462
152
240
13
160
6.1538
160
240
C. All employees in the Marine Safety Officer classification who shall have
at least (5) Years of continuous service, shall be entitled to eight (8) additional
hours of vacation per year of full-time continuous service for each year of service
in excess of five (5) years up to a maximum of approximately 160 hours per year.
D. The vacation accrual schedule is as follows:
Years
Service
Vacation
Hours
Earned
Maximum Hourly
Accrual Rate / Pay
Period Bi -Weekly
Annual
Vacation
Hours
1
80
3.0769
80
2
80
3.0769
80
3
80
3.0769
80
4
80
3.0769
80
5
80
3.0769
80
6
88
3.3846
88
7
96
3.6923
96
8
104
4.0000
104
9
112
4.3076
112
10
120
4.6153
120
11
128
4.9230
128
12
136
5.2307
136
13
144
5.5384
144
14
152
5.8461
152
15
160
6.1538
160
E. All employees in the Marine Safety Officer classification shall only be
allowed to accrue a maximum of 240 hours of vacation. Once this maximum is
reached, all further accruals will cease. Vacation accruals will recommence after
the employee has taken vacation and the employee's accrued hours drop below
the maximum. The maximum can only be exceeded with the approval of the City
Manager in writing.
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F. Employees covered by this agreement considered as hourly, part-time
and/or seasonal employees shall not be eligible for paid vacations.
G. Employees covered by this agreement who are on leaves of absence,
without pay, shall not accrue vacation leave hours during said leaves of absence.
H. All employees in the Marine Safety Officer classification not more than
once in each fiscal year, who have completed at least 1 year of continuous
service shall, upon request, receive compensation for up to 80 hours of accrued
vacation time.
I. Employees are encouraged to use at least the amount of vacation hours
earned each fiscal year. Those employees who have been credited with
preexisting leave hours are expected to use a portion of the excess as leave
time, in addition to the new vacation hours, each year until the maximum accrual
is met. The City recognizes that a number of long-term employees have accrued
substantially more leave time than shorter -term employees, and that it will likely
take them significantly longer to achieve this goal. It is the intent of this section
to balance the personal interests of the employee with the financial concerns of
the City; as such, significant progress toward reaching the maximum accrual
amounts may be deemed a success.
J. Vacation leave time shall not be approved until such time as it has been
earned, unless prior, special arrangements have been made with the City
Manager. Vacation leave shall be requested by the employee prior to the start
of the vacation leave period. Such vacation leave to be taken shall be subject to
the prior approval of the Department Head, or designee, subsequent to
consideration of the departmental workload and other staffing considerations,
such as but not limited to, the previously approved vacation schedule of other
employees, sick leave and position vacancies.
K. All employees in the Marine Safety Lieutenant classification not more
than once in each fiscal year, who has completed at least one year of continuous
service shall, upon request, receive compensation for up to 120 hours of accrued
vacation time.
SECTION 7: HOLIDAYS
A. The City agrees to grant all full-time Marine Safety Association
employees a full shift pay for each holiday recognized by City. Every full-time
employee of the City shall be granted the following holidays with pay:
Holiday Date
New Year's DayJanuary 1St
Martin Luther King Day I 3rd Monday in January
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Resolution 7179
SBMSMA
Presidents' Day
3rd Monday in February
Memorial Day
Last Monday in May
Independence Day
July 4th
Labor Day
First Monday in September
Veteran's Day
November 11th
Thanksgiving Day
Fourth Thursday in November
Calendar day following Thanksgiving Da
Christmas Eve
December 24th
Christmas Day
December 25th
*Floating Holiday
discretion of employee)
Total of 12 holidays annually
*Floating Holiday must be taken during each fiscal year (July 1st through June 30th).
Floating holidays must be approved in advance by the Department Head.
B. When a holiday falls on a full-time employee's regularly scheduled day off,
the employee shall receive compensatory time off for a full shift in lieu of holiday
pay, in keeping with other provisions of this MOU.
Example: Employee A normally works a 4/10 schedule, and a
holiday falls on a Monday, Tuesday, Wednesday,
Thursday, or Friday, Employee A would receive (10)
hours of compensatory time off.
C. A Marine Safety Lieutenant and Marine Safety Officer who is required to
work on a holiday shall receive pay computed at 1'/2 times the employees' base
hourly rate for the number of hours actually worked.
Example: Employee A works 6 hours on Christmas Day. Employee A
would earn pay computed as follows:
Hours
Full -shift holiday pay
6 hours work pay
SECTION 8: RETIREMENT
Pay Rate
base hourly rate
regular hourly rate or overtime
hourly rate, as applicable under MOU
Resolution 7179 SBMSMA
A. The retirement program provided by the City shall consist of a pooled
Public Employee's Retirement System (PERS) plan, which includes the
following Government Code provisions:
Section 20042 One Year Final Compensation
Section 20965 Credit of Unused Sick Leave
Section 21024 Military Service Credit
B. All employees incumbent in the Marine Safety Association shall
participate in the 3% @ 50 formula plan for Local Safety Members.
C. The Marine Safety Association "PERS Classic" employees shall pay 9% of
their CALPERS required contribution of their compensation earnable.
D. New employees/members hired on or after January 1, 2013 as defined by
The Public Employees' Pension Reform Act (PEPRA) will be hired at the
retirement formula in accordance with the PEPRA and other legislation.
SECTION 9: OVERTIME AND CALL OUT PAY
A. The following section pertains to the position of Marine Safety Lieutenant
and Marine Safety Officer:
1. If work beyond normal workday, workweek or work period is required, the
employee who may be asked to perform such overtime shall be notified of the
apparent need for such overtime as soon as practicable prior to when the
overtime is expected to begin.
2. Call out and overtime pay shall be paid at the rate of time and one-half the
hourly rate. Minimum "call out" time (when returning to work) shall be 3 hours.
Call out time shall start when employee is called to service.
3. Overtime will be computed by dividing the employee's regular monthly
salary by 173.3 to arrive at an hourly wage. Paid overtime for the pay period is to
be submitted and computed with the regular payroll.
4. Notwithstanding any provision of this Section, the employee shall be
entitled to select either compensated overtime or compensatory time off subject
to budget limitations, departmental rules and regulations, and Section 11 of this
MOU.
SECTION 10: COMPENSATORY TIME OFF (CTO)
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The maximum (cap) of CTO is (120) hours. Compensatory Time earned in excess
of (120) hours will be paid as overtime during the pay period accrued.
SECTION 11: PROVISIONAL APPOINTMENTS AND ASSIGNMENTS
A. An employee, when authorized by the City Manager, may receive a
provisional appointment to a higher classification to fill a temporary vacancy. The
employee, when so appointed, must perform the duties and assume the
responsibilities of the higher classification for (80) consecutive working hours and
shall be paid according to the step in the assigned salary range of the new
position which is a minimum of 5% higher than the salary received before the
provisional appointment (not to exceed the top step).
B. When necessary and in the best interest of the City, the City Manager may
provisionally assign an employee to a higher level of duty and responsibility than
provided for in the employee's assigned classification which is not otherwise a
part of an adopted classification. In the case of such an assignment, the
employee must perform the higher level of duties for (80) consecutive working
hours; thereafter the employee shall receive additional compensation of 5% so
long as the assignment is authorized by the City Manager.
SECTION 12: SENIORITY BONUS
Employees who have achieved (10) years of uninterrupted employment with the
City shall receive a 5% increase in base salary effective on the 10th anniversary
of their employment.
Twenty (20) Years of Service — Employees who have achieved twenty (20) years
of uninterrupted employment with the City shall receive a 2.5% increase in base
salary (above the previously -described 5% increase at 10 years) effective on the
20th anniversary of their employment.
SECTION 13: AUTOMOBILES AND MILEAGE
Employees covered by this MOU, utilizing their privately -owned automobiles for
City business on a non -regular basis, shall be entitled to reimbursement for costs
incurred at the mileage rate established by the Internal Revenue Service (IRS).
SECTION 14: ADMINISTRATIVE LEAVE
Effective the 1St payroll period in July 2021, and every July thereafter:
A. The Marine Safety Lieutenant and Marine Safety Officers shall be
entitled to the equivalent of (2) work days of administrative leave during each
fiscal year.
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Resolution 7179 SBMSMA
B. Administrative leave hours may not be carried forward to succeeding
years nor may they be turned in for cash value.
SECTION 15: LIMITATIONS
A. No employee who is receiving Workers' Compensation payments and
benefits is eligible to receive overlapping benefits (except life insurance) stated in
this MOU.
B. City shall not make any monthly payments for premiums for any insurance
benefit listed in this MOU, or uniform allowance, supplemental pay of any type
and/or type of bonus on behalf of or to any employee who has been absent
without authorization during entire said month or for any employee who has
terminated for any reasons whatsoever or who is on leave of absence without
pay of who is suspended from duties without pay for the entire said month.
SECTION 16: DEFERRED COMPENSATION
For the classification of Marine Safety Lieutenant and Marine Safety Officer, the
City shall contribute the amount of $40 per payroll period into a deferred
compensation program
SECTION 17: BILINGUAL COMPENSATION
A. Upon the recommendation of a department director, the City Manager
may award a bilingual compensation bonus of $52.50 per payroll period to those
employees in positions determined to require bilingual skills.
B. The City Manager shall require the taking of competency tests to certify
the employee as eligible for bilingual compensation based on the employee's
proficiency in speaking the language determined to be required. Such
certification shall be a condition precedent to qualifying for bilingual pay.
SECTION 18: CERTIFICATION PAY
A. Employees who possess and maintain valid certification for
CPR/AED/First Aid Instructor, as well as a minimum certification of EMT, will
receive $500 annually the first pay day in November.
B. Employees who possess a United States Coast Guard (USCG) Captains
License will receive $250 annually the first pay day in November.
SECTION 19: WORK SCHEDULE
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Resolution 7179 SBMSMA
A. At the discretion of the City Manager, work schedules may be altered as
needed to accommodate service demand levels of the residents of the City of
Seal Beach.
SECTION 20: TUITION REIMBURSEMENT
A. Higher Education Degree Programs — Marine Safety Association
employees attending accredited community colleges, universities, and trade
schools for the purpose of obtaining a higher education degree may apply for
reimbursement of tuition, books, student fees and parking. Reimbursement is
capped at the tuition rate of the Cal State University system for up to 2 semesters
of full-time, undergraduate enrollment each calendar year.
B. Reimbursement is contingent upon the successful completion of the
course. Successful completion means a grade of "C" or better for undergraduate
courses and a grade of "B" or better for graduate courses. All claims for tuition
reimbursement require prior approval and are subject to verification and approval
by the City Manager.
Example: Employee A attends California State University, Long
Beach, for the Spring 2021 semester and completes 2
(3 -unit) undergraduate courses with a grade of "C" or
better. The tuition reimbursement would be calculated
as follows:
2020/2021 State University Tuition $1,665.00 (0-6 units)
Required University Fees $ 554.00 (approx.)
Parking $ 175.00
Books $ 535.00 (approx.)
TOTAL $2,929.00
SECTION 21: COMPENSATION PLAN
A. Basic Compensation Plan
1. Employees covered by this MOU shall be included under the Basic
Compensation Plan. Every classification under this Plan shall be assigned a salary
range adopted by the City Council. The salary schedule shall consist of 5 steps
within each range.
2. The first step is a minimum rate and is normally the hiring rate for the
classification. An employee may be assigned, upon appointment, to other than the
normal entering salary step within the assigned range upon the recommendation of
the Department Head and with the approval of the City Manager when it is decided
that such action is in the best interests of the City.
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3. The second step, B step, is a merit adjustment which may be given at
the end of the probationary period subject to the recommendation of the
Department Head and with the approval of the City Manager.
4. The third, fourth and fifth steps are merit adjustments to encourage
an employee to improve their work and to recognize increased skill on the job.
Employees are normally eligible for these adjustments at any time after the
completion of (1) year of service at the preceding step. Each adjustment shall be
made subject to the recommendation of the Department Head and with the
approval of the City Manager.
B. Advancement within Salary Ranges
1. In order to properly compensate an employee, advancement in salary
shall be based on merit.
2. Advancement in salary shall not be automatic, but shall depend upon
increased service value of the employee to the City.
3. The Department Head and/or the employee's immediate supervisor
shall be responsible to evaluate an employee fairly in an unbiased fashion for the
determination of job performance. Advancement shall be made only upon
recommendation of the Department Head and with the approval of the City
Manager.
4. An employee should be reviewed at least once every (12) months
from the effective date of his last performance evaluation, special performance
advancement or promotion. Nothing contained herein shall restrict the Department
Head from denying the increase after evaluation, nor shall it prevent him from
recommending a special performance advancement in salary at any time when
unusual or outstanding achievement has been demonstrated.
C. Salary Increases
1. Promotional Appointment - When an employee is promoted to a
position with a higher salary range, the employee shall be compensated at a step of
the salary range assigned to the new position that is closest to providing a 5%
salary increase over the base salary received immediately prior to promotion.
2. Temporary Appointment - Employees assigned, in an acting capacity,
to a higher classification than the employees' present classification for a period of
not less than 80 consecutive working hours shall be entitled to temporary
appointment pay. In addition, employees who are assigned by the department
director in writing to regularly scheduled acting assignments of less than 80 hours
shall also be entitled to temporary appointment pay. Temporary appointment pay
Resolution 7179 SBMSMA
will be retroactive to the first hour served in the higher classification and shall be
paid at a rate equal to the first step of the higher classification but in no event shall
temporary appointment pay be less than 5% more of the employee's current rate.
D. Salary Decreases - In the case of a demotion of an employee to a
classification with a lower maximum salary, such employee shall be assigned to the
appropriate salary step in the new classification as recommended by the
Department Head with the approval of the City Manager. The employee shall
retain his previous anniversary date.
E. Adjustments of Salary Ranges - When a salary range for a given
classification is revised upward or downward, the incumbents of positions and
classifications affected shall have their existing salary adjusted to the same step in
the new salary range and their anniversary date shall not be changed.
F. Salary and Benefits on Suspension - During suspension from the City
service for disciplinary cause, an employee shall forfeit all rights, privileges and
salary, except he shall not forfeit his medical health plans, including dental,
retirement plan, disability insurance or life insurance. Should such suspension be
later modified or revoked, the employee shall be entitled to receive payment for loss
of income and benefits during the period of suspension.
G. Salary Adjustments During Term of MOU
1. The salary schedule for each position classification affected is hereby
determined and established upon adoption by City Council Salary increases are as
follows:
First full pay period in July 2021 : - Employees shall receive a 3.6%
cost of living adjustment.
First full pay period in July2022 : — Employees shall receive a 3%
cost of living adjustment.
First full pay period in July 2023:
Employees shall receive a CPI adjustment, minimum 1 % up to
3% maximum, as measured utilizing the change in the Los
Angeles -Long Beach -Anaheim. All urban Consumers index for
the 12 months of April 2022-2023.
Mid -Management
Grade Job Classifications
31 Marine Safety Lieutenant
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Resolution 7179
Technical
Grade Job Classifications
23 Marine Safety Officer
SECTION 22: LEAVES OF ABSENCE
A. Authorized Leave of Absence Without Pay
SBMSMA
1. Upon the Department Head's recommendation and approval of the
City Manager, an employee may be granted a level of absence without pay in
cases of an emergency or where such absence would not be contrary to the best
interest of the City, for a period not to exceed 180 working days.
2. Upon written request of the employee, the City Manager may grant
a leave of absence, with or without pay, for a period not to exceed (1) year.
3. At the expiration of the approved leave, after notice to return to
duty, the employee shall be reinstated to the position held at the time leave was
granted. Failure on the part of the employee to report promptly at such leave's
expiration and receipt of notice to return to duty shall be cause for discharge.
4. During any authorized leave of absence without pay, an employee
shall not be eligible to accumulate or receive fringe benefits, except an employee
shall receive their monthly flex dollar allowance and the City, as specifically
provided for in this MOU, shall contribute to the employee's disability insurance
plan, and life insurance plan for the first (30) days of leave of absence.
B. Bereavement Leave
The City agrees to provide 40 hours bereavement leave with pay for death in the
immediate family. The bereavement leave shall not be chargeable to or
accumulated as sick time or leave time. "Immediate family" is defined as spouse,
registered domestic partner, father, mother, son, daughter, brother, sister,
grandparent, grandchild, step -mother, step -father, step -child, mother-in-law,
father-in-law, domestic partner -in-law or dependent relative living with the
employee.
C. Military Leave of Absence
1. Military leave shall be granted in accordance with the provisions of
Federal and State law. All employees entitled to military leave shall give the
Department Head an opportunity within the limits of military regulations to
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Resolution 7179 SBMSMA
determine when such leave shall be taken. Whenever possible, the employee
involved shall notify the Department Head of such leave request (10) working
days in advance of the beginning of the leave.
2. In addition to the provisions of State law, the City shall continue to
provide eligible employees on military leave, the monthly flex dollar allowance
under the cafeteria plan and disability and life insurance and retirement (if
applicable) for the first (3) months of military leave. During said period, the
employee shall be required to pay to the City the amount that exceeds the
monthly flex dollar allowance (if applicable).
3. After the first (3) months of military leave, the employee may
continue said benefits at his cost.
D. Pregnancy Disability Leave of Absence
1. An employee who is disabled due to pregnancy shall be granted a
pregnancy disability leave as provided by the State of California and the Federal
Family Medical Leave Act. The employee may elect to take a lesser period of
leave.
2. Disabilities arising out of pregnancy shall be treated the same as
other temporary disabilities in terms of eligibility for, or entitlement to, leave with
or without pay.
E. Family Leave - Upon a demonstration of need and subject to the following
conditions, an employee may take leave or unpaid leave to care for his newborn
infant, whether through parentage or adoption, or to care for a seriously ill or
injured member of the employees "immediate family" as defined in Section 6.
1. Proof of the birth or adoption of a newborn infant or the serious
illness/injury of the family member must be submitted to the City.
2. Requests for family leave must be submitted in writing to the
employee's supervisor at the earliest possible date proceeding the time when the
leave is to begin.
3. Operational needs of the City shall be relevant in determinations
regarding the granting of family leave in accordance with the provisions of State
and Federal Family Leave laws.
4. In the event of an extended family leave, the employee may be
required to periodically report on the status of the situation giving rise to the
leave.
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Resolution 7179 SBMSMA
5. Family leave may be granted only upon the recommendation of the
Department Head and approval of the City Manager consistent with the
provisions of State and Federal Family Leave laws.
F. Catastrophic Leave - The purpose of the Catastrophic Leave Pool is to
enable full time employees to receive and donate vacation, administrative leave,
and CTO leave credits on an hour for hour basis to assist employees who have
no leave and who will suffer a financial hardship due to prolonged illness or injury
to themselves or a member of their immediate family. Sick Leave is excluded
from this program.
The following conditions shall apply to Catastrophic Leave:
1. Catastrophic Leave will be available only to employees who have
exhausted their own paid leave through bona fide serious illness or accident.
2. The leave pool shall be administered by the Finance Department.
3. Employees must be in regular full-time appointed positions to be
eligible to receive catastrophic leave.
4. Employees receiving Long -Term Disability payments are excluded
from receiving catastrophic leave under this program.
5. All donations are to be confidential, between the donating
employee and the Finance Department.
6. Employees donating to the pool must have 40 hours of paid leave
available after making a donation.
7. Donating employees must sign an authorization, including
specifying the specific employee to be the recipient of the donation.
8. Donations will be subject to applicable tax laws.
9. The availability of Catastrophic Leave shall not delay or prevent the
City from taking action to medically separate or disability retire an employee.
10. Catastrophic Leave due to illness or injury of an immediate family
member may require medical justification as evidenced by a Physician's
Statement that the presence of the employee is necessary.
11. Catastrophic Leave due to the illness or injury of the employee will
require medical justification as evidenced by a Physician's Statement as to the
employee's condition.
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Resolution 7179
SBMSMA
SECTION 23: HEALTH WELLNESS PROGRAM (Medical Maintenance
Examination & Wellness Program)
The City shall reimburse Employee, as a medical benefit, for Employee's actual
documented expenses for medical maintenance exams or the cost of
participation in wellness programs, in an amount not to exceed $500 per fiscal
year for the Marine Safety Lieutenant and in an amount not to exceed $400 for
the Marine Safety Officer classification, subject to the City's normal
reimbursement processes and requirements such expenses. Reimbursable
expenses shall include, but not be limited to, actual out of pocket expenses for
annual physical examinations or other medical tests or examinations,
participation in weight loss, stop smoking, fitness or other similar programs, or
membership in a health or fitness club. All reimbursements shall be subject to the
review and approval of the City Manager or his/her designee.
SECTION 24: MISCELLANEOUS
Layoff: The City is to give Association (45) days prior notice before the effective
date of any layoffs. During this (45) day period, the City will, upon request, meet
and confer on the impact of the layoffs.
SECTION 25: TERM
The Memorandum of Understanding shall remain in full force and effect from
July 1, 2021 until midnight June 30, 2024.
SECTION 26: APPEALS
A. Employees shall be allowed to appeal written reprimands to the Personnel
Officer. Such appeals shall be filed within (14) calendar days. The decision of
the Personnel Office shall be final.
B. Hearings held pursuant to Personnel Rule 10.02, Automatic Resignation
shall be interpreted to allow employees to present evidence showing the absence
was for good cause and that circumstance prevented them from contacting the
City.
SECTION 27: REOPENER
City and Association agrees to reconvene during the terms of this MOU to discuss
all fringe benefits, including but not limited to health plans, the implementation of
HSA or HRA programs for employee and retiree medical premiums.
SECTION 28: RATIFICATION
PZI I Wei VIP,
Resolution 7179
SBMSMA
This Memorandum of Understanding is subject to approval and adoption by the
City Council and ratification by the required number of the duly authorized
representatives of the Association. Following such approval and adoption, the
Memorandum of Understanding shall be implemented by the appropriate
resolution(s), ordinance(s), or other written action of the City Council.
IN WITNESS HEREOF, the parties have hereto caused this Memorandum of
Understanding to be executed
25 of 25
Date:
Jill R. Ingram, City Manager
Date:
Patrick Gallegos, Assistant City Manager
CITY OF SEAL BEACH MARINE SAFETY ASSOCIATION:
Date:
Chris Pierce President
Date:
Nick Bolin Vice President
Date:
Gregorio Daniel Teamsters
25 of 25
Seal Beach Marine Safety Management
Association (SBMSMA)
MEMORANDUM OF UNDERSTANDING
Ado.p.tewd by Resolution XXXX7008
:: SE A4 0
171
Resolution xxx-Exhibit B
0 111 FAR -
EXPIRES: June 30, 2024 j� ne ,3n 202 1
vurr��v � �vcT
Resolution-XXXX7008 SBMSMA
TABLE OF CONTENTS
SECTION 1: RECOGNITION....................................................................................5
SECTION 2: CITY RIGHTS
Rights/Responsibilities.....................................................................................6
SECTION 3: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY
INSURANCE
A. Health Insurance Coverage........................................................................8
B. Life Insurance.............................................................................................9
C. Income Continuation..............................................................................9
D. Annual Dermatological Screening.........................................................9
SECTION 4: RETIREMENT HEALTH INSURANCE.............................................10
SECTION 5: SICK LEAVE......................................................................................11
SECTION 6: VACATION TIME...............................................................................11
SECTION 7: HOLIDAYS.........................................................................................13
SECTION 8: RETIREMENT....................................................................................15
SECTION 9: OVERTIME AND CALL OUT PAY....................................................15
SECTION 10: COMPENSATORY TIME OFF........................................................16
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Resolution XXXX
SBMSMA
SECTION 11: PROVISIONAL APPOINTMENTS...................................................16
SECTION 12: SENIORITY BONUS........................................................................16
SECTION 13: AUTOMOBILES AND MILEAGE....................................................16
SECTION 14: ADMINISTRATIVE LEAVE..............................................................16
SECTION 15: LIMITATIONS...................................................................................17
SECTION 16: DEFERRED COMPENSATION.......................................................17
SECTION 17: BILINGUAL COMPENSATION.......................................................17
SECTION 18: CERTIFICATION PAY......................................................17
SECTION 19: WORK SCHEDULE.........................................................................18
SECTION 20: TUITION REIMBURSEMENT..........................................................18
SECTION 21: COMPENSATION PLAN
A. Basic Compensation Plan........................................................................18
B. Advancement within Salary Ranges........................................................19
C. Salary Increases.......................................................................................19
D. Salary Decreases.....................................................................................20
E. Adjustments of Salary Ranges.................................................................20
F. Salary and Benefits on Suspension.........................................................20
G. Salary Adjustments During Term of MOU...............................................20
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Resolution XXXX SBMSMA
SECTION 22: LEAVES OF ABSENCE
A. Authorized Leave of Absence Without Pay..............................................21
B. Bereavement Leave................................................................................21
C. Military Leave of Absence.......................................................................21
D. Pregnancy Disability Leave of Absence.................................................22
E. Family Leave............................................................................................22
F. Catastrophic Leave..................................................................................23
SECTION 23: MISCELLANEOUS
Lay-off............................................................................................................. 24
SECTION 24: TERM................................................................................................24
SECTION 25: APPEALS.........................................................................................24
SECTION 26: REOPENER......................................................................................24
SECTION 27: RATIFICATION................................................................................24
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Resolution-XXXX7093
SBMSMA
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF SEAL BEACH
MARINE SAFETY MANAGEMENT ASSOCIATION
SECTION 1: RECOGNITION
A. Pursuant to the provisions of Employee -Employer Relations Resolution
5242, as amended, the City of Seal Beach (hereinafter called the "City" and/or
"Employer" and/or "Management" interchangeably) has recognized for the
purpose of this Memorandum of Understanding (MOU), the Seal Beach Marine
Safety Management Association (SBMSMA) an association of employees of the
City of Seal Beach, hereinafter referred to as "Association".
B. The City recognizes the Association as the representative of the
employees in the classification and assignments set forth in Section 21.G below
for the purpose of meeting its obligations under this MOU, the Meyers-Milias-
Brown Act, Government Code Section 3500 et seq., when City rules, regulations,
or laws affecting wages, hours and/or other terms and conditions of employment
are amended or changed.
C. The City agrees that the recognized representatives of Association not to
exceed 3 in number shall be entitled to meet and confer with City during said
recognized representatives' normal working hours without suffering any loss in
pay while absent from the duties for such purpose. City also agrees that such
representatives may utilize a total of not more than 3 hours per year without
suffering any loss in pay for such absence for the purpose of meeting with
employees who are members of the Association and/or other officers of the
Association.
D. City recognizes Association's right to appoint or elect representatives to
meet and confer with City's management representatives on salaries, wages, and
terms and conditions of employment. Association agrees to notify City in writing
as to the identity of the representatives and of subsequent appointments, if any.
Association and City agree that employees appointed or elected as Association
representatives shall be required to work full time.
E. It is recognized and agreed that no Association business and/or meetings
will be conducted and/or attended by employees of City during their respective
hours of duty and work unless specified herein.
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Resolution XXXX SBMSMA
F. Representatives and/or officers of Association shall not interrupt the work
of any employee of City at any time to conduct business or other matters
connected with Association without prior consent of Management.
G. This document supersedes all prior Memoranda of Understanding and
verbal agreements between the parties hereto.
SECTION 2: CITY RIGHTS
A. Rights/Responsibilities - This City reserves, retains and is vested with
solely and exclusively, all rights of management which have not been expressly
abridged by specific provisions of this MOU or by law to manage the City, as such
rights existed prior to the execution of this MOU. The sole and exclusive rights of
management, as they are not abridged by this Agreement or by law, shall include
but not be limited to, the following rights:
1. To manage the City generally and to determine the issues of policy.
2. To determine the existence or nonexistence of facts which are the
basis of the management decision(s).
3. To determine the necessity and organization of any service or activity
conducted by the City and expand or diminish services.
4. To determine the nature, manner, means and technology and extent
of services to be provided to the public.
5. To determine methods of financing.
6. To determine types of equipment or technology to be used.
7. To determine and/or change the facilities, methods, technology,
means, organizational structure and size and composition of the work force and
allocate and assign work by which the City operations are to be conducted.
8. To determine and change the number of locations, relocations, and
types of operations, processes and materials to be used in carrying out all City
functions including, but not limited to, the right to contract for or subcontract any
work or operation of the City.
9. To assign work to and schedule employees in accordance with any
requirements set forth in this MOU, and to establish and change work schedules
and assignments upon reasonable notice insofar as such changes do not conflict
with this MOU.
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Resolution XXXX7nn2 SBMSMA
10. To layoff employees from duties because of lack of work or funds, or
under conditions where continued work would be ineffective or non-productive.
11. To establish and modify productivity and performance programs and
standards.
12. To discharge, suspend, demote, reprimand, withhold salary increases
and benefits, or otherwise discipline employees for cause.
13. To determine minimum qualifications, skills abilities, knowledge,
selection procedures and standards, job classifications and to reclassify employees
in accordance with this MOU and applicable resolutions and codes of the City.
14. To hire, transfer, promote and demote employees for non -disciplinary
reasons in accordance with the MOU and applicable resolutions and codes of the
City.
15. To determine policies, procedures and standards for selection,
training and promotion of employees in accordance with this MOU and applicable
resolutions and codes of the City.
16. To establish reasonable employee performance standards including
but not limited to, quality and quantity standards and to require compliance
therewith.
17. To maintain order and efficiency in its facilities and operation.
18. To establish and promulgate and/or modify rules and regulations to
maintain order and safety and which are not in contravention with the Agreement.
19. To restrict the activity of an employee organization on municipal
property and on municipal time except as set forth in this MOU.
20. To take any and all necessary action to carry out the mission of the
City in emergencies.
B. Where the City is required to make changes in its operations because of the
requirements of law, whenever the contemplated exercise of City Rights shall
impact the wages, hours and other terms and conditions of employment of the
bargaining unit, the City agrees to meet and confer in good faith with
representatives of the Association regarding the impact of the contemplated
exercise of such rights prior to exercising such rights, unless the matter of the
exercise of such rights is provided for in this MOU.
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Resolution-XXXX7008
SECTION 3: HEALTH INSURANCE COVERAGE
INSURANCE
A. Health Insurance Coverage
SBMSMA
LIFE & DISABILITY
1. The City shall contribute to the cost of medical coverage for each
eligible employee and his/her dependents, an amount not to exceed the California
Public Employees' Medical and Hospital Care Act (PEMHCA) minimum
contribution. For calendar year 2021201-9, CalPERS has established the minimum
PEMHCA contribution at $14386 per month per employee.
2. The City shall contribute an equal amount towards the cost of medical
coverage under PEMHCA for both active eligible employees and eligible retirees.
3. The City shall implement a full flex cafeteria plan for eligible
employees in accordance with the criteria provided to the Association during
negotiations. For employees participating in the City's cafeteria plan, each
employee shall receive a monthly flex dollar allowance to be used for the purchase
of benefits under the cafeteria plan. Beginning January 1, 20212819, the monthly
flex dollar allowance shall be:
For Employee only
$ 862941.4417/month
For Employee and 1 dependent
$
13321454.2441 /month
For Employee and 2 or more dependents
$ 421880.83/month
4. A portion of the monthly flex dollar allowance is identified as the City's
contribution towards PEMHCA. Thus, for example, in calendar year 20212019, an
employee only monthly flex dollar allowance is $862941.1744, of that
$862.11941.17; $14386 has been designated by the City as its required PEMHCA
contribution to CalPERS. The monthly flex dollar allowance may only be used in
accordance with the terms of the City's cafeteria plan.
5. Effective January 1, 20212819, and every January 1St during the term
of this agreement, the City shall increase the contribution amounts above by the
average percentage of increase for basic plans published by CalPERS which sets
health insurance premiums for the coverage year.
6. Employees meeting the waiver criteria and electing to waive
enrollment in the City's cafeteria plan are eligible to receive $350 per month
beginning January 1, 20212049 (upon showing proof of medical insurance
coverage under an alternative plan). Election forms are available in the Human
Resources.
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Resolution XXXX7nn2 SBMSMA
7. Full-time employees covered by this MOU who have completed 30
days of uninterrupted service shall be enrolled in the cafeteria plan on the first day
of the next succeeding month.
8. Employees who change classification from full-time to part-time
provisional, hourly or seasonal shall not be eligible for participation in the cafeteria
plan.
9. City shall not contribute to the cafeteria plan for any employee during
any month the employee is on leave of absence without pay or who is absent from
regular duties without authorization, for a full calendar month. City shall contribute
to the cafeteria plan for eligible employees receiving temporary payments from
Workers Compensation Insurance.
B. Life Insurance
Employees covered by this agreement shall receive a $50,000 term life
insurance policy paid by the City. Said insurance shall become effective after the
employee has completed 30 days of uninterrupted service with said employee to
be enrolled in the program on the 1st day of the next succeeding month.
C. Income Continuation
Employees covered by this Agreement shall receive a policy to provide for
income continuation of 66.67% of the employee's monthly salary, up to a
maximum of $5,000 per month, whichever is lesser, paid by the City. Said
insurance shall become effective after the employee has completed 30 days of
uninterrupted service with said employee to be enrolled in the program on the 1 st
day of the next succeeding month. Said income continuation shall commence on
the 31st day of sickness or other bona fide absence or upon expiration of sick
leave, whichever occurs later, and continuing thereafter while the employee is
absent from work for a period of up to age 65.
D. Annual Dermatological Screening
The City will provide employees with one (1) annual dermatological (skin cancer)
screening at no cost to employees. Screening will be provided by Beach
Dermatology located at 500 Pacific Coast Highway, Suite 212 in Seal Beach and
must be scheduled by the employee. Any treatment deemed necessary
following the exam shall be scheduled by the employee through the employee's
provider of choice using the employee's insurance. All medical billing for the
screening services will be forwarded for payment to the City of Seal Beach by
Beach Dermatology.
A &Mi
Resolution {XXX SBMSMA
SECTION 4: RETIREMENT HEALTH INSURANCE
A. Employees covered by this Agreement shall have the option upon
retirement, to continue participation in the City's health insurance program at the
employee's expense.
B. Employees in the Marine Safety Lieutenant classification, who were
hired before January 1, 2008 by the City, and who retire after December 31,
2009, with 20 or more combined years of employment with the City shall, upon
retirement, be provided with individual medical insurance coverage. If said
employee has 30 or more combined years of employment with the City upon
retirement, eligible dependent medical insurance coverage shall also be provided
at the rate of (a) the average of the 2 lowest cost medical care plans offered by
CaIPERS, or (b) the CaIPERS Kaiser HMO, whichever is greater. When the
retired employee becomes Medicare eligible, the City's contribution will be
capped at the rate of (a) the average of the 2 lowest cost Medicare supplement
plans offered by CaIPERS, or (b) the CaIPERS Kaiser HMO Medicare
supplement plan, whichever is greater.
C. Employees in the Marine Safety Officer classification covered by this
Agreement who were hired before April 13, 2009 by the City, have 20 or more
combined years of employment with the City, have reached 55 years of age, and
retire after December 31, 2010, shall be provided with individual medical
insurance coverage capped at the Kaiser HMO rate. If said employee has 30 or
more combined years of employment with the City upon retirement, eligible
dependent medical insurance coverage shall also be provided capped at the
Kaiser HMO rate. A portion of the payment for retiree or retiree and dependents
medical insurance is identified as the City's contribution towards PEMHCA.
D. On or after January 1St 2008, the City shall contribute to the cost of
medical coverage for each eligible retiree and dependents, an amount not to
exceed the California Public Employees' Medical and Hospital Care Act
(PEMHCA) minimum contribution.
E. In all cases, the City's contribution for eligible dependent coverage for
retirees shall terminate with the death of the retiree.
F. In the event an eligible retired employee resides in an area where the
health plans provided by the City are not in effect, that retired employee shall be
entitled to receive in cash each month an amount equal to the City flex
contribution at time of retirement.
NGon&9,
Resolution {XXX
SECTION 5: SICK LEAVE
SBMSMA
A. All full-time employees covered by this MOU shall accrue sick leave at the
rate of 1 day (8 hours) per month of service. Sick leave may be accumulated up
to and including 520 hours. Except as otherwise provided in this MOU, no
employee shall receive further accruals once the 520 hour maximum is reached.
B. The Department Head may require employees to present proof of illness
for sick leaves in excess of 3 working days.
C. All employees in the Marine Safety Lieutenant classification, upon
termination of employment with the City, all compensable leave hours will be paid
to the employee at the employee's base rate of pay. Sick leave balances which
have not been converted to leave time will be paid to the employee upon
termination at 25% of the employee's base rate of pay.
D. All employees in the Marine Safety Officer classification except as
otherwise provided, employees shall not be eligible for any payment for sick
leave balances upon termination.
E. Employees who are on authorized leaves of absence, without pay, shall
not accrue sick leave hours during said leaves of absence.
F. Sick leave balances may not be used to defer a disability retirement.
SECTION 6: VACATION TIME
A. Marine Safety Officers covered by this Agreement, have passed the
employee probationary period (as defined in the Personnel Rules and
Regulations, Section 6.01) shall be granted a vacation with pay of approximately
80 hours per year up to a maximum of approximately (160) hours per year.
B. All employees in the Marine Safety Lieutenant classification who shall
have at least three (3) years of continuous service shall be entitled to eight (8)
additional hours of vacation for each year of full-time continuous service in
excess of three (3) years. The vacation accrual schedule for mid -management
employees is as follows:
Years
Vacation
Maximum Hourly
Annual
Maximum
Service
Hours
Accrual Rate / Pay
Vacation
Vacation
Earned
Period Bi -Weekly
Hours
Accrual
1
80
3.0769
80
160
2
80
3.0769
80
160
3
80
3.0769
80
160
4
88
3.3846
88
200
5
96
3.6923
96
200
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Resolution-XXXX7008
SBMSMA
6
104
4.0000
104
200
7
112
4.3044
112
200
8
120
4.6154
120
200
9
128
4.9231
128
240
10
136
5.2308
136
240
11
144
5.5385
144
240
12
152
5.8462
152
240
13
160
6.1538
160
240
C. All employees in the Marine Safety Officer classification who shall have
at least (5) Years of continuous service, shall be entitled to eight (8) additional
hours of vacation per year of full-time continuous service for each year of service
in excess of five (5) years up to a maximum of approximately 160 hours per year.
D. The vacation accrual schedule is as follows:
Years
Service
Vacation
Hours
Earned
Maximum Hourly
Accrual Rate / Pay
Period Bi -Weekly
Annual
Vacation
Hours
1
80
3.0769
80
2
80
3.0769
80
3
80
3.0769
80
4
80
3.0769
80
5
80
3.0769
80
6
88
3.3846
88
7
96
3.6923
96
8
104
4.0000
104
9
112
4.3076
112
10
120
4.6153
120
11
128
4.9230
128
12
136
5.2307
136
13
144
5.5384
144
14
152
5.8461
152
15
160
6.1538
160
E. All employees in the Marine Safety Officer classification shall only be
allowed to accrue a maximum of 240 hours of vacation. Once this maximum is
reached, all further accruals will cease. Vacation accruals will recommence after
the employee has taken vacation and the employee's accrued hours drop below
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Resolution XXXX7nn2 SBMSMA
the maximum. The maximum can only be exceeded with the approval of the City
Manager in writing.
F. Employees covered by this agreement considered as hourly, part-time
and/or seasonal employees shall not be eligible for paid vacations.
G. Employees covered by this agreement who are on leaves of absence,
without pay, shall not accrue vacation leave hours during said leaves of absence.
H. All employees in the Marine Safety Officer classification not more than
once in each fiscal year, who have completed at least 1 year of continuous
service shall, upon request, receive compensation for up to 80 hours of accrued
vacation time.
I. Employees are encouraged to use at least the amount of vacation hours
earned each fiscal year. Those employees who have been credited with
preexisting leave hours are expected to use a portion of the excess as leave
time, in addition to the new vacation hours, each year until the maximum accrual
is met. The City recognizes that a number of long-term employees have accrued
substantially more leave time than shorter -term employees, and that it will likely
take them significantly longer to achieve this goal. It is the intent of this section
to balance the personal interests of the employee with the financial concerns of
the City; as such, significant progress toward reaching the maximum accrual
amounts may be deemed a success.
J. Vacation leave time shall not be approved until such time as it has been
earned, unless prior, special arrangements have been made with the City
Manager. Vacation leave shall be requested by the employee prior to the start
of the vacation leave period. Such vacation leave to be taken shall be subject to
the prior approval of the Department Head, or designee, subsequent to
consideration of the departmental workload and other staffing considerations,
such as but not limited to, the previously approved vacation schedule of other
employees, sick leave and position vacancies.
K. All employees in the Marine Safety Lieutenant classification not more
than once in each fiscal year, who has completed at least one year of continuous
service shall, upon request, receive compensation for up to 120 hours of accrued
vacation time.
SECTION 7: HOLIDAYS
A. The City agrees to grant all full-time Marine Safety Association
employees a full shift pay for each holiday recognized by City. Every full-time
employee of the City shall be granted the following holidays with pay:
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Resolution XXXX7nn6
SBMSMA
Holiday
Date
New Year's Day
January 1St
Martin Luther King Day
3rd Monday in January
Presidents' Day
3rd Monday in February
Memorial Day
Last Monday in May
Independence Day
July 4th
Labor Day
First Monday in September
Veteran's Day
November 11th
Thanksgiving Day
Fourth Thursday in November
Calendar day following Thanksgiving Da
Christmas Eve
December 24th
Christmas Day
December 25th
*Floating Holiday
discretion of employee
Total of 12 holidays annually
*Floating Holiday must be taken during each fiscal year (July 1st through June 30th).
Floating holidays must be approved in advance by the Department Head.
B. When a holiday falls on a full-time employee's regularly scheduled day off,
the employee shall receive compensatory time off for a full shift in lieu of holiday
pay, in keeping with other provisions of this MOU.
Example: Employee A normally works a 4/10 schedule, and a
holiday falls on a Monday, Tuesday, Wednesday,
Thursday, or Friday, Employee A would receive (10)
hours of compensatory time off.
C. A Marine Safety Lieutenant and Marine Safety Officer who is required to
work on a holiday shall receive pay computed at 1'/2 times the employees' base
hourly rate for the number of hours actually worked.
Example: Employee A works 6 hours on Christmas Day. Employee A
would earn pay computed as follows:
Hours Pay Rate
Full -shift holiday pay base hourly rate
6 hours work pay regular hourly rate or overtime
hourly rate, as applicable under MOU
Resolution {XXX
SECTION 8: RETIREMENT
SBMSMA
A. The retirement program provided by the City shall consist of a pooled
Public Employee's Retirement System (PERS) plan, which includes the
following Government Code provisions:
Section 20042 One Year Final Compensation
Section 20965 Credit of Unused Sick Leave
Section 21024 Military Service Credit
B. All employees incumbent in the Marine Safety Association shall
participate in the 3% @ 50 formula plan for Local Safety Members.
C. The Marine Safety Association "PERS Classic" employees shall pay 9% of
their CALPERS required contribution of their compensation earnable.
D. New employees/members hired on or after January 1, 2013 as defined by
The Public Employees' Pension Reform Act (PEPRA) will be hired at the
retirement formula in accordance with the PEPRA and other legislation.
SECTION 9: OVERTIME AND CALL OUT PAY
A. The following section pertains to the position of Marine Safety Lieutenant
and Marine Safety Officer:
1. If work beyond normal workday, workweek or work period is required, the
employee who may be asked to perform such overtime shall be notified of the
apparent need for such overtime as soon as practicable prior to when the
overtime is expected to begin.
2. Call out and overtime pay shall be paid at the rate of time and one-half the
hourly rate. Minimum "call out" time (when returning to work) shall be 3 hours.
Call out time shall start when employee is called to service.
3. Overtime will be computed by dividing the employee's regular monthly
salary by 173.3 to arrive at an hourly wage. Paid overtime for the pay period is to
be submitted and computed with the regular payroll.
4. Notwithstanding any provision of this Section, the employee shall be
entitled to select either compensated overtime or compensatory time off subject
to budget limitations, departmental rules and regulations, and Section 11 of this
MOU.
15 of 25
Resolution {XXX SBMSMA
SECTION 10: COMPENSATORY TIME OFF (CTO)
The maximum (cap) of CTO is (120) hours. Compensatory Time earned in excess
of (120) hours will be paid as overtime during the pay period accrued.
SECTION 11: PROVISIONAL APPOINTMENTS AND ASSIGNMENTS
A. An employee, when authorized by the City Manager, may receive a
provisional appointment to a higher classification to fill a temporary vacancy. The
employee, when so appointed, must perform the duties and assume the
responsibilities of the higher classification for (80) consecutive working hours and
shall be paid according to the step in the assigned salary range of the new
position which is a minimum of 5% higher than the salary received before the
provisional appointment (not to exceed the top step).
B. When necessary and in the best interest of the City, the City Manager may
provisionally assign an employee to a higher level of duty and responsibility than
provided for in the employee's assigned classification which is not otherwise a
part of an adopted classification. In the case of such an assignment, the
employee must perform the higher level of duties for (80) consecutive working
hours; thereafter the employee shall receive additional compensation of 5% so
long as the assignment is authorized by the City Manager.
SECTION 12: SENIORITY BONUS
Employees who have achieved (10) years of uninterrupted employment with the
City shall receive a 5% increase in base salary effective on the 10th anniversary
of their employment.
Twenty (20) Years of Service — Employees who have achieved twenty (20) years
of uninterrupted employment with the City shall receive a 2.5% increase in base
salary (above the previously -described 5% increase at 10 years) effective on the
20th anniversary of their employment.
SECTION 13: AUTOMOBILES AND MILEAGE
Employees covered by this MOU, utilizing their privately -owned automobiles for
City business on a non -regular basis, shall be entitled to reimbursement for costs
incurred at the mileage rate established by the Internal Revenue Service (IRS).
SECTION 14: ADMINISTRATIVE LEAVE
Effective the 1St payroll period in July 281-72021, and every July thereafter:
Resolution XXXX7n98 SBMSMA
A. The Marine Safety Lieutenant and Marine Safety Officers shall be
entitled to the equivalent of (2) work days of administrative leave during each
fiscal year.
B. Administrative leave hours may not be carried forward to succeeding
years nor may they be turned in for cash value.
SECTION 15: LIMITATIONS
A. No employee who is receiving Workers' Compensation payments and
benefits is eligible to receive overlapping benefits (except life insurance) stated in
this MOU.
B. City shall not make any monthly payments for premiums for any insurance
benefit listed in this MOU, or uniform allowance, supplemental pay of any type
and/or type of bonus on behalf of or to any employee who has been absent
without authorization during entire said month or for any employee who has
terminated for any reasons whatsoever or who is on leave of absence without
pay of who is suspended from duties without pay for the entire said month.
SECTION 16: DEFERRED COMPENSATION
For the classification of Marine Safety Lieutenant and Marine Safety Officer, the
City shall contribute the amount of $40 per payroll period into a deferred
compensation program
SECTION 17: BILINGUAL COMPENSATION
A. Upon the recommendation of a department director, the City Manager
may award a bilingual compensation bonus of $52.50 per payroll period to those
employees in positions determined to require bilingual skills.
B. The City Manager shall require the taking of competency tests to certify
the employee as eligible for bilingual compensation based on the employee's
proficiency in speaking the language determined to be required. Such
certification shall be a condition precedent to qualifying for bilingual pay.
SECTION 18: CERTIFICATION PAY
A. Employees who possess and maintain valid certification for
CPR/AED/First Aid Instructor, as well as a minimum certification of EMT, will
receive $500 annually the first pay day in November.
B. Employees who possess a United States Coast Guard (USCG) Captains
License will receive $250 annually the first pay day in November.
17 of 25
Resolution XXXX
SECTION 19: WORK SCHEDULE
SBMSMA
A. At the discretion of the City Manager, work schedules may be altered as
needed to accommodate service demand levels of the residents of the City of
Seal Beach.
SECTION 20: TUITION REIMBURSEMENT
A. Higher Education Degree Programs - Marine Safety Association
employees attending accredited community colleges, universities, and trade
schools for the purpose of obtaining a higher education degree may apply for
reimbursement of tuition, books, student fees and parking. Reimbursement is
capped at the tuition rate of the Cal State University system for up to 2 semesters
of full-time, undergraduate enrollment each calendar year.
B. Reimbursement is contingent upon the successful completion of the
course. Successful completion means a grade of "C" or better for undergraduate
courses and a grade of "B" or better for graduate courses. All claims for tuition
reimbursement require prior approval and are subject to verification and approval
by the City Manager.
Example: Employee A attends California State University, Long
Beach, for the Spring 2-020-2021 semester and
completes 2 (3 -unit) undergraduate courses with a
grade of "C" or better. The tuition reimbursement would
be calculated as follows:
20204-9/20210 State University Tuition $1,665.00 (0-6
units)
Required University Fees $ 546554.00 (approx.)
Parking $ 455175.00
Books $ -300535.00 (approx.)
TOTAL $2,666929.00
SECTION 21: COMPENSATION PLAN
A. Basic Compensation Plan
1. Employees covered by this MOU shall be included under the Basic
Compensation Plan. Every classification under this Plan shall be assigned a salary
range adopted by the City Council. The salary schedule shall consist of 5 steps
within each range.
2. The first step is a minimum rate and is normally the hiring rate for the
classification. An employee may be assigned, upon appointment, to other than the
18 of 25
Resolution XXXX7nn2 SBMSMA
normal entering salary step within the assigned range upon the recommendation of
the Department Head and with the approval of the City Manager when it is decided
that such action is in the best interests of the City.
3. The second step, B step, is a merit adjustment which may be given at
the end of the probationary period subject to the recommendation of the
Department Head and with the approval of the City Manager.
4. The third, fourth and fifth steps are merit adjustments to encourage
an employee to improve their work and to recognize increased skill on the job.
Employees are normally eligible for these adjustments at any time after the
completion of (1) year of service at the preceding step. Each adjustment shall be
made subject to the recommendation of the Department Head and with the
approval of the City Manager.
B. Advancement within Salary Ranges
1. In order to properly compensate an employee, advancement in salary
shall be based on merit.
2. Advancement in salary shall not be automatic, but shall depend upon
increased service value of the employee to the City.
3. The Department Head and/or the employee's immediate supervisor
shall be responsible to evaluate an employee fairly in an unbiased fashion for the
determination of job performance. Advancement shall be made only upon
recommendation of the Department Head and with the approval of the City
Manager.
4. An employee should be reviewed at least once every (12) months
from the effective date of his last performance evaluation, special performance
advancement or promotion. Nothing contained herein shall restrict the Department
Head from denying the increase after evaluation, nor shall it prevent him from
recommending a special performance advancement in salary at any time when
unusual or outstanding achievement has been demonstrated.
C. Salary Increases
1. Promotional Appointment - When an employee is promoted to a
position with a higher salary range, the employee shall be compensated at a step of
the salary range assigned to the new position that is closest to providing a 5%
salary increase over the base salary received immediately prior to promotion.
2. Temporary Appointment - Employees assigned, in an acting capacity,
to a higher classification than the employees' present classification for a period of
Resolution-XXXX SBMSMA
not less than 80 consecutive working hours shall be entitled to temporary
appointment pay. In addition, employees who are assigned by the department
director in writing to regularly scheduled acting assignments of less than 80 hours
shall also be entitled to temporary appointment pay. Temporary appointment pay
will be retroactive to the first hour served in the higher classification and shall be
paid at a rate equal to the first step of the higher classification but in no event shall
temporary appointment pay be less than 5% more of the employee's current rate.
D. Salary Decreases - In the case of a demotion of an employee to a
classification with a lower maximum salary, such employee shall be assigned to the
appropriate salary step in the new classification as recommended by the
Department Head with the approval of the City Manager. The employee shall
retain his previous anniversary date.
E. Adjustments of Salary Ranges - When a salary range for a given
classification is revised upward or downward, the incumbents of positions and
classifications affected shall have their existing salary adjusted to the same step in
the new salary range and their anniversary date shall not be changed.
F. Salary and Benefits on Suspension - During suspension from the City
service for disciplinary cause, an employee shall forfeit all rights, privileges and
salary, except he shall not forfeit his medical health plans, including dental,
retirement plan, disability insurance or life insurance. Should such suspension be
later modified or revoked, the employee shall be entitled to receive payment for loss
of income and benefits during the period of suspension.
G. Salary Adjustments During Term of MOU
1. The salary schedule for each position classification affected is hereby
determined and established upon adoption by City Council Salary increases are as
follows:
First full pay period in on or fellowiRg July 2021 : 414 204 -9 -
Employees shall receive a 3_63% cost of living adjustment.
First full pay period in on or followigg July -46L,7_2029 -�2QQ P
• •yees shall receive a 3% cost of • .•
NFIVI,.
..IN-
First full pay period in July 2023:
Employees shall receive a CPI adjustment, minimum 1 % up to
3% maximum, as measured utilizing the change in the Los
Angeles -Long Beach -Anaheim. All urban Consumers index for
the 12 months of April 20202-20243.
N11 no &�,
Resolution XXXX7008
Mid -Management
Grade Job Classifications
31 Marine Safety Lieutenant
Technical
Grade Job Classifications
23 Marine Safety Officer
SECTION 22: LEAVES OF ABSENCE
A. Authorized Leave of Absence Without Pay
SBMSMA
1. Upon the Department Head's recommendation and approval of the
City Manager, an employee may be granted a level of absence without pay in
cases of an emergency or where such absence would not be contrary to the best
interest of the City, for a period not to exceed 180 working days.
2. Upon written request of the employee, the City Manager may grant
a leave of absence, with or without pay, for a period not to exceed (1) year.
3. At the expiration of the approved leave, after notice to return to
duty, the employee shall be reinstated to the position held at the time leave was
granted. Failure on the part of the employee to report promptly at such leave's
expiration and receipt of notice to return to duty shall be cause for discharge.
4. During any authorized leave of absence without pay, an employee
shall not be eligible to accumulate or receive fringe benefits, except an employee
shall receive their monthly flex dollar allowance and the City, as specifically
provided for in this MOU, shall contribute to the employee's disability insurance
plan, and life insurance plan for the first (30) days of leave of absence.
B. Bereavement Leave
The City agrees to provide 40 hours bereavement leave with pay for death in the
immediate family. The bereavement leave shall not be chargeable to or
accumulated as sick time or leave time. "Immediate family" is defined as spouse,
registered domestic partner, father, mother, son, daughter, brother, sister,
grandparent, grandchild, step -mother, step -father, step -child, mother-in-law,
father-in-law, domestic partner -in-law or dependent relative living with the
21 of 25
Resolution XXXX7008 SBMSMA
employee.
C. Military Leave of Absence
1. Military leave shall be granted in accordance with the provisions of
Federal and State law. All employees entitled to military leave shall give the
Department Head an opportunity within the limits of military regulations to
determine when such leave shall be taken. Whenever possible, the employee
involved shall notify the Department Head of such leave request (10) working
days in advance of the beginning of the leave.
2. In addition to the provisions of State law, the City shall continue to
provide eligible employees on military leave, the monthly flex dollar allowance
under the cafeteria plan and disability and life insurance and retirement (if
applicable) for the first (3) months of military leave. During said period, the
employee shall be required to pay to the City the amount that exceeds the
monthly flex dollar allowance (if applicable).
3. After the first (3) months of military leave, the employee may
continue said benefits at his cost.
D. Pregnancy Disability Leave of Absence
1. An employee who is disabled due to pregnancy shall be granted a
pregnancy disability leave as provided by the State of California and the Federal
Family Medical Leave Act. The employee may elect to take a lesser period of
leave.
2. Disabilities arising out of pregnancy shall be treated the same as
other temporary disabilities in terms of eligibility for, or entitlement to, leave with
or without pay.
E. Family Leave - Upon a demonstration of need and subject to the following
conditions, an employee may take leave or unpaid leave to care for his newborn
infant, whether through parentage or adoption, or to care for a seriously ill or
injured member of the employees "immediate family" as defined in Section 6.
1. Proof of the birth or adoption of a newborn infant or the serious
illness/injury of the family member must be submitted to the City.
2. Requests for family leave must be submitted in writing to the
employee's supervisor at the earliest possible date proceeding the time when the
leave is to begin.
22 of 25
Resolution XXXX7nn2 SBMSMA
3. Operational needs of the City shall be relevant in determinations
regarding the granting of family leave in accordance with the provisions of State
and Federal Family Leave laws.
4. In the event of an extended family leave, the employee may be
required to periodically report on the status of the situation giving rise to the
leave.
5. Family leave may be granted only upon the recommendation of the
Department Head and approval of the City Manager consistent with the
provisions of State and Federal Family Leave laws.
F. Catastrophic Leave - The purpose of the Catastrophic Leave Pool is to
enable full time employees to receive and donate vacation, administrative leave,
and CTO leave credits on an hour for hour basis to assist employees who have
no leave and who will suffer a financial hardship due to prolonged illness or injury
to themselves or a member of their immediate family. Sick Leave is excluded
from this program.
The following conditions shall apply to Catastrophic Leave:
1. Catastrophic Leave will be available only to employees who have
exhausted their own paid leave through bona fide serious illness or accident.
2. The leave pool shall be administered by the Finance Department.
3. Employees must be in regular full-time appointed positions to be
eligible to receive catastrophic leave.
4. Employees receiving Long -Term Disability payments are excluded
from receiving catastrophic leave under this program.
5. All donations are to be confidential, between the donating
employee and the Finance Department.
6. Employees donating to the pool must have 40 hours of paid leave
available after making a donation.
7. Donating employees must sign an authorization, including
specifying the specific employee to be the recipient of the donation.
8. Donations will be subject to applicable tax laws.
9. The availability of Catastrophic Leave shall not delay or prevent the
City from taking action to medically separate or disability retire an employee.
23 of 25
Resolution XXXX SBMSMA
10. Catastrophic Leave due to illness or injury of an immediate family
member may require medical justification as evidenced by a Physician's
Statement that the presence of the employee is necessary.
11. Catastrophic Leave due to the illness or injury of the employee will
require medical justification as evidenced by a Physician's Statement as to the
employee's condition.
SECTION 23: HEALTH WELLNESS PROGRAM (Medical Maintenance
Examination & Wellness Program)
The City shall reimburse Employee, as a medical benefit, for Employee's actual
documented expenses for medical maintenance exams or the cost of
participation in wellness programs, in an amount not to exceed $500 per fiscal
year for the Marine Safety Lieutenant and in an amount not to exceed $400 for
the Marine Safety Officer classification, subject to the City's normal
reimbursement processes and requirements such expenses. Reimbursable
expenses shall include, but not be limited to, actual out of pocket expenses for
annual physical examinations or other medical tests or examinations,
participation in weight loss, stop smoking, fitness or other similar programs, or
membership in a health or fitness club. All reimbursements shall be subject to the
review and approval of the City Manager or his/her designee.
SECTION 24: MISCELLANEOUS
Layoff: The City is to give Association (45) days prior notice before the effective
date of any layoffs. During this (45) day period, the City will, upon request, meet
and confer on the impact of the layoffs.
SECTION 25: TERM
The Memorandum of Understanding shall remain in full force and effect from
July 1, 202129 until midnight June 30, _42021.
SECTION 26: APPEALS
A. Employees shall be allowed to appeal written reprimands to the Personnel
Officer. Such appeals shall be filed within (14) calendar days. The decision of
the Personnel Office shall be final.
B. Hearings held pursuant to Personnel Rule 10.02, Automatic Resignation
shall be interpreted to allow employees to present evidence showing the absence
was for good cause and that circumstance prevented them from contacting the
City.
PZI I Wei VIP,
Resolution {XXX7008
SECTION 27: REOPENER
SBMSMA
City and Association agrees to reconvene during the terms of this MOU to discuss
all fringe benefits, including but not limited to health plans, the implementation of
HSA or HRA programs for employee and retiree medical premiums.
SECTION 28: RATIFICATION
This Memorandum of Understanding is subject to approval and adoption by the
City Council and ratification by the required number of the duly authorized
representatives of the Association. Following such approval and adoption, the
Memorandum of Understanding shall be implemented by the appropriate
resolution(s), ordinance(s), or other written action of the City Council.
IN WITNESS HEREOF, the parties have hereto caused this Memorandum of
Understanding to be executed
25 of 25
Date:
Jill R. Ingram, City Manager
Date:
Patrick Gallegos, Assistant City Manager
CITY OF SEAL BEACH MARINE SAFETY ASSOCIATION:
Date:
Chris Pierce President
Date:
Nick Bolin Vice President
Date:
Gregorio Daniel Teamsters
25 of 25
i�0� SEA('ec�9ti
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AGENDA STAFF REPORT
�1'',,C'QCIFORN�P'r
DATE: July 26, 2021
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Patrick Gallegos, Assistant City Manager
SUBJECT: Approve the Memoranda of Understanding (MOUs)
between the City of Seal Beach and the Seal Beach Police
Management Association and the Seal Beach Police
Officers Association for the period of July 1, 2020 through
June 30, 2024
SUMMARY OF REQUEST:
That the City Council adopt Resolution 7180:
1. Approving the Memoranda of Understanding between the City of Seal
Beach and the Seal Beach Police Management Association and the Seal
Beach Police Officers Association for the period of July 1, 2020 through
June 30, 2024; and,
2. Authorizing the City Manager to execute the Memoranda of Understanding
(MOUs) between the City of Seal Beach and the Seal Beach Police
Management Association and the Seal Beach Police Officers Association.
BACKGROUND AND ANALYSIS:
Over the past year, the City, the Seal Beach Police Officers Association, and the
Seal Beach Police Management Association met jointly and collectively
bargained in good faith and the terms and conditions of a tentative agreement
were reached. Based upon such collective bargaining, the City and the Seal
Beach Police Officers Association (SBPOA) and Seal Beach Police Management
Association (SBPMA) drafted a Memorandum for each respective group.
The SBPOA and SBPMA have accepted the terms, conditions and provisions set
forth in each MOU respectively. Each MOU has a term of July 1, 2020 through
June 30, 2023.
Agenda Item M
The Seal Beach Police Officers Association is representative of full-time
employees in the following classifications:
1. Police Corporal
2. Police Officer
The Seal Beach Police Management Association is representative of full-time
employees in the following classifications:
1. Police Lieutenant
2. Police Captain
3. Police Sergeant
4. Police Records Supervisor -Moved classification from POA to PMA
Some of the more significant elements of the tentative agreement include:
Compensation
To help ensure the City is able to recruit and retain a highly qualified police force,
employees will receive a Cost of Living Adjustment (COLA) as follows:
FY 2020-2021: 2% COLA Increase
FY 2021-2022: 3% COLA Increase
FY 2022-2023: 3% COLA Increase
Health Care Coverage
An increase to the monthly flex dollar allowance for health care coverage for
employee +1 and employee + 2 (allowances are shown below):
For single employees: $1,050.00
For employee + 1 dependent: $1,454.41
For employee + 2 or more dependents $1,880.83
Uniform Allowance
An increase in uniform allowance from $1,000 to $1,300 per year.
Specific details of each MOU can be found in the attached redline versions.
STRATEGIC PLAN:
This meets the City Council's strategic goal of attracting, developing,
compensating and retaining quality staff.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
The City Attorney has reviewed this staff report and approved it as to form.
Page 2
FINANCIAL IMPACT:
If approved, the total estimated budgetary impact over the three-year contract is
$715,800. As a result of this agreement being retroactive to July 1, 2020, the
City will pay a one-time retro pay adjustment in accordance with the agreement
estimated at $237,000. This amount was not included in the Fiscal Year 2021-22
Adopted budget, therefore requiring a budget amendment. To adjust the
adopted budget accordingly, the Finance Department is proposing BA 22-02-01
totaling $237,000 to increase the Police Department appropriations across
various funds, programs and accounts in accordance with the personnel
allocations. The totals per fund cannot be determined until payroll can perform
the retro calculation and enter it into the financial software.
Adopted/
Revised Proposed Budget
Description Account Budget Budget Amendment
Various Funds — various $13,470,200 $13,707,200 $237,000
Police Department
Salaries and
Benefits
There is adequate funding in the Fiscal Year 2021-22 Adopted Budget to cover
the cost for FY 2021-22. The costs associated with Fiscal Years 2022-23 will be
budgeted in the future during the respective budget development processes.
RECOMMENDATION:
That the City Council adopt Resolution 7180:
1. Approving the Memoranda of Understanding between the City of Seal
Beach and the Seal Beach Police Management Association and the Seal
Beach Police Officers Association for the period of July 1, 2020 through
June 30, 2024 and;
2. Authorizing the City Manager to execute the Memoranda of Understanding
(MOUs) between the City of Seal Beach and the Seal Beach Police
Management Association and the Seal Beach Police Officers Association.
SUBMITTED BY:
Patrick Gallegos
Patrick Gallegos, Assistant City
Manager
NOTED AND APPROVED:
Jill R. Ingram
Jill R. Ingram, City Manager
Prepared by: Jennifer Robles, Management Analyst
Page 3
ATTACHMENTS:
A. Resolution 7180
B. Exhibit A — PMA Memorandum of Understanding
C. Exhibit B — POA Memorandum of Understanding
D. PMA Redline Version of Memorandum of Understanding
E. POA Redline Version of Memorandum of Understanding
Page 4
RESOLUTION NUMBER 7180
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING THE MEMORANDA OF UNDERSTANDING (MOUs)
BETWEEN THE CITY OF SEAL BEACH AND THE SEAL BEACH
POLICE MANAGEMENT ASSOCIATION (PMA) AND THE SEAL
BEACH POLICE OFFICERS ASSOCIATION (POA) FOR THE
PERIOD OF JULY 11 2020 THROUGH JUNE 30, 2023
THE CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:
WHEREAS, the City of Seal Beach values the work of all its employees and
seeks to maintain fair and mutually beneficial terms and conditions of
employment for the good of the City and the employees; and,
WHEREAS The City and the Seal Beach Police Management Association and
the Seal Beach Police Officers Association met jointly and collectively bargained
in good faith and reached an agreement. As a result of such good faith
negotiation the City and the group have developed the Memorandum of
Understanding ("MOU") attached hereto as Exhibit A and Exhibit B, which is
incorporated herein by this reference.
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY
RESOLVE:
SECTION 1. The Memoranda of Understanding (MOUs) between the City of Seal
Beach and the Seal Beach Police Management Association and the Seal Beach
Police Officers Association dated July 1, 2020 through June 20, 2023 and
attached hereto as Exhibit A and Exhibit B is hereby approved.
SECTION 2. The City Manager is authorized to execute Exhibit A and Exhibit B,
inclusive, on behalf of the City, and to take the actions necessary to implement.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a
regular meeting held on the 26th day of July, 2021 by the following vote:
AYES: Council Members
NOES: Council Members
MINOTA"11 STEM
ABSTAIN: Council Members
Joe Kalmick, 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 7180 on file in the office of
the City Clerk, passed, approved, and adopted by the City Council at a regular
meeting held on the 26th day of July, 2021.
Gloria D. Harper, City Clerk
SEAL BEACH POLICE MANAGEMENT
ASSOCIATION
MEMORANDUM OF UNDERSTANDING
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Resolution 7180 - Exhibit A
ADOPTED: July 1,2020
EXPIRES: June 30, 2023
SEAL BEACH POLICE MANAGEMENT ASSOCIATION
TABLE OF CONTENTS
ARTICLE 1. TERM OF AGREEMENT......................................................1
Section1..................................................................................................1
Section2..................................................................................................1
ARTICLE 2. RECOGNITION AND MEMBERSHIP...................................1
Section1..................................................................................................1
Section2..................................................................................................1
Section3..................................................................................................1
ARTICLE 3. SALARIES............................................................................2
Section1...................................................................................................2
ARTICLE 4. EMPLOYEE ORGANIZATIONAL DUES ..............................2
Section1...................................................................................................2
Section2...................................................................................................2
ARTICLE 5. INDEMNIFICATION..............................................................3
ARTICLE 6. CITY RIGHTS........................................................................3
Section1...................................................................................................3
Section2...................................................................................................4
ARTICLE 7. COMPENSATION PLAN.....................................................4
Section1...................................................................................................4
Section2...................................................................................................4
Section3...................................................................................................4
Section4...................................................................................................4
ARTICLE 8. ADVANCEMENT WITHIN MONTHLY BASE SALARY
GRADES..............................................................................5
Section1...................................................................................................5
Section2...................................................................................................5
Section3...................................................................................................5
Section4...................................................................................................5
ARTICLE 9. SALARY INCREASES FOLLOWING PROMOTION ............ 5
Section1...................................................................................................5
Section2...................................................................................................5
ARTICLE 10. SALARY DECREASES FOLLOWING DEMOTION ...........5
ARTICLE 11. ADJUSTMENT OF SALARY GRADES ..............................6
ARTICLE 12. SALARY AND BENEFITS SUSPENSION ..........................6
ARTICLE 13. SPECIAL PAY PROVISIONS.............................................6
Section 1.
Uniform Allowance....................................................................6
Section 2.
Safety Equipment......................................................................6
Section 3.
Temporary Assignment Pay.......................................................6
Section 4.
Deferred Comp............................................................ 7
ARTICLE 14. COURT TIME......................................................................7
Section1...................................................................................................7
Section2...................................................................................................7
Section3...................................................................................................7
ARTICLE 15. CALL-BACK.......................................................................7
Section1...................................................................................................7
Section2...................................................................................................8
ARTICLE 16. STAND-BY PAY..................................................................8
Section1...................................................................................................8
Section2...................................................................................................8
Section3..................................................................................9
ARTICLE 17. MOVIE DETAIL...................................................................9
Section1.................................................................................................9
ARTICLE 18. EXPERIENCE PAY.............................................................9
Section1.................................................................................................9
Section2.................................................................................................9
Section3.................................................................................................9
Section4.................................................................................................9
Section5.................................................................................................9
Section6.................................................................................................9
Section7...............................................................................................10
Section8...............................................................................................10
Section9...............................................................................................10
Section10...............................................................................................10
Section11...............................................................................10
ARTICLE 19. EDUCATION INCENTIVE PAY.........................................10
Section1...............................................................................................10
Section2...............................................................................................11
Section3...............................................................................................11
Section4...............................................................................................11
Section5...............................................................................................11
Section6...............................................................................................11
Section7...............................................................................................11
ARTICLE 20. TUITION REIMBURSEMENT...........................................11
Section1.................................................................................11
ARTICLE 21. PHYSICAL FITNESS PROGRAM....................................12
ARTICLE 22. TRAINING PROGRAMS...................................................12
Section1................................................................................................12
Section2................................................................................................13
ARTICLE 23. HOLIDAYS........................................................................13
Section1................................................................................................13
Section2................................................................................................13
Section3................................................................................................14
Section4................................................................................................15
ARTICLE 24. FRINGE BENEFIT ADMINISTRATION ............................15
ARTICLE 25. FRINGE BENEFIT SELECTION AND FUNDING.............16
ARTICLE 26. FRINGE BENEFIT LIMITS................................................16
Section1...............................................................................................16
Section2.................................................................................................16
ARTICLE 27. FRINGE BENEFIT CHANGES..........................................16
ARTICLE 28. HEALTH CARE COVERAGE...........................................16
Section 1. Health Care Coverage.............................................................16
Section 2. Health Insurance Plan for Retirees...........................................17
ARTICLE 29. LIFE INSURANCE............................................................18
ARTICLE 30. DISABILITY INSURANCE PLAN.....................................18
ARTICLE 31. SECTION 125 PLAN.........................................................18
ARTICLE 32. ANNUAL PHYSICAL........................................................19
ARTICLE 33. RETIREMENT...................................................................19
Section1.................................................................................................19
Section2..................................................................................19
ARTICLE 34. HOURS OF WORK — WORK PERIOD .............................20
Section 1. Work Period.............................................................................20
Section 2. Three -Twelve Work Schedule...................................................20
Section 3. Reporting to California Public Employees' Retirement System
25
(PERS)..........................................................................................20
ARTICLE 35. OVERTIME COMPENSATION.........................................20
Section 1. Overtime Defined....................................................................20
Section 2. Compensation for Overtime....................................................21
Section 3. Compensatory Time................................................................21
Section 4. Approval for Overtime.............................................................21
ARTICLE 36. VACATION........................................................................22
Section 1. Eligibility..................................................................................22
Section2. Accrual....................................................................................22
Section 3. Maximum Accrual....................................................................22
Section 4. Use of Vacation.......................................................................23
Section 5. Vacation Payment at Termination...........................................23
Section 6. Vacation Accrual During Leave of Absence ............................23
Section 7. Prohibition Against Working for City During Vacation ..............23
ARTICLE 37. LEAVE OF ABSENCE......................................................23
Section1..................................................................................23
ARTICLE 38. UNAUTHORIZED ABSENCE...........................................24
ARTICLE 39. BEREAVEMENT LEAVE..................................................24
Section1..................................................................................24
ARTICLE 40. MILITARY LEAVE OF ABSENCE....................................25
Section1.................................................................................................25
Section2.................................................................................................25
ARTICLE 41. INTENTIONALLY LEFT BLANK...............................25
ARTICLE 42. JURY DUTY......................................................................25
Section1..................................................................................
ARTICLE 43. SICK LEAVE.....................................................................25
Section 1. Accrual - Sworn Positions.........................................................25
Section 2. Sick Leave During Vacation....................................................26
Section 3. Extended Sick Leave..............................................................27
Section 4. General Sick Leave Provisions...............................................27
Section 5. Fitness for Duty.......................................................................27
Section 6. Accrual and Payment -Non -Sworn Positions ........................27
Section7...................................................................................28
ARTICLE 44. CATASTROPHIC LEAVE.................................................28
Section 1. Establishment..........................................................................28
IRA
Section2. Purpose..................................................................................28
ARTICLE 45. FAMILY LEAVE (FMLA/CFRA)........................................29
ARTICLE 46. ON-THE-JOB INJURY......................................................29
ARTICLE 47. OFF -THE -JOB INJURY....................................................29
ARTICLE 48. PERSONNEL RULES AND REGULATIONS ...................29
Section1..................................................................................................29
Section2..................................................................................................29
ARTICLE 49. PROBATIONARY PERIODS............................................29
Section1.................................................................................................29
Section 2. Objective of Probationary Period............................................30
Section 3. Employee Performance Appraisal...........................................30
Section 4. Rejection of Probationary Employee.......................................30
ARTICLE 50. LAYOFF PROCEDURES..................................................31
ARTICLE 51. MOU REOPENERS...........................................................31
Section1..................................................................................31
ARTICLE 52. INTENTIONALLY LEFT BLANK.................................31
ARTICLE 53. NO STRIKE - NO LOCKOUT............................................31
Section1.................................................................................................31
Section2.................................................................................................31
Section3.................................................................................................31
Section4.................................................................................................31
ARTICLE 54. EMERGENCY WAIVER PROVISION...............................32
Section1................................................................................. 32
ARTICLE 55. SEPARABILITY PROVISION...........................................32
Section1...................................................................................32
ARTICLE 56. SAVINGS CLAUSE...........................................................32
Section1..................................................................................32
ARTICLE 57. RATIFICATION.................................................................32
EXHIBITA..................................................................................34
1V/
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF SEAL BEACH
AND
SEAL BEACH POLICE MANAGEMENT ASSOCIATION
The duly authorized representatives of the City of Seal Beach (hereinafter
referred to as "City") and the SEAL BEACH POLICE MANAGEMENT
ASSOCIATION (hereinafter referred to as "Association"), having met and
conferred in good faith concerning the issues of wages, hours and other terms
and conditions of employment, as herein set forth, declare their agreement to the
provisions of this Memorandum of Understanding (MOU). The terms and
conditions set forth in this MOU shall be of no force and effect unless and until
this MOU is approved and adopted by the City Council of the City of Seal Beach.
Unless otherwise specifically provided for herein, whenever a compensation
change is indicated as occurring effective upon City Council adoption of this
MOU, the compensation change shall commence during the first payroll period
commencing after the Council adoption of this MOU.
ARTICLE 1. TERM OF AGREEMENT
Section 1. The term and effective date of this memorandum shall be July 1,
2020 through and including June 30, 2023.
Section 2. The Agreement may be extended beyond June 30, 2023 if both
parties concur in writing.
ARTICLE 2. RECOGNITION AND MEMBERSHIP
Section 1. Pursuant to the provisions of the Employer -Employee Relations
Ordinance No. 769, as amended, the City has recognized, for the purposes of
this Memorandum of Understanding, the SEAL BEACH POLICE MANAGEMENT
ASSOCIATION as the majority representative of the employees in the bargaining
unit, which includes Police Department full-time employees in the safety
classifications and assignments of Police Sergeant, Police Captain and Police
Lieutenant.
Section 2. The City recognizes the Association as the representative of the
employees in the classifications and assignments set forth in Section 1 above for
the purpose of meeting its obligations under this Memorandum of Understanding,
the Meyer-Milias-Brown Act, Government Code Section 3500 et seq., when City
Rules, Regulations, or laws affecting wages, hours, and/or other terms and
conditions of employment are amended or changed.
Section 3. The City agrees that the representatives of the Association, not to
exceed six (6) in number, shall be entitled to meet and confer with Management
1
during said representatives' normal working hours without suffering any loss in
pay while absent from their duties for such purpose, providing that such time per
person shall not be unreasonable. The City also agrees that such
representatives may utilize not more than six (6) hours per month or seventy-two
(72) hours per year without suffering any loss in pay for such absence for the
purpose of meeting with employees who are represented by the Association
and/or other officers of the Association.
ARTICLE 3. SALARIES
Section 1. The following monthly base salary grade increases shall be provided
to employees occupying all classifications represented by the Association. The
monthly base salary increases shall be effective during the first full pay period in
July of the following indicated years
1) Effective the first full pay period in July 2020
Position
Grade
Increases
Police Records Supervisor
28
2%
Police Sergeant
37
2%
Police Lieutenant
41
2%
Police Captain
44
2%
2) Effective the first full pay period in July 2021
Position
Grade
Increases
Police Records Supervisor 28
Police Sergeant 37
Police Lieutenant 41
Police Captain 44
3) Effective the first full pay period
Position Grade
Police Records Supervisor 28
Police Sergeant 37
Police Lieutenant 41
Police Captain 44
3%
3%
3%
3%
in July 2022
Increases
3%
3%
3%
3%
ARTICLE 4. EMPLOYEE ORGANIZATIONAL DUES
Section 1. The City will provide voluntary payroll deductions for all employees
represented by the Association for regular and periodic dues and benefit program
premiums as specified by agreement between the City and the Association and
signed by the member. The Authorization Form content shall be mutually agreed
to by the Association and the City.
Section 2. The City shall remit such funds to the Association within twenty-one
(21) calendar days following the deductions.
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ARTICLE 5. INDEMNIFICATION
The Association agrees to hold the City harmless and indemnify the City against
any claims, causes of actions, or lawsuits arising out of the deductions or
transmittal of such funds to the Association, except the intentional failure of the
City to transmit to the Association monies deducted from the employees pursuant
to Article 4.
ARTICLE 6. CITY RIGHTS
Section 1. The City reserves, retains, and is vested with, solely and
exclusively, all rights of Management which have not been expressly abridged by
specific provisions of this MOU or by law to manage the City, as such rights
existed prior to the execution of this MOU. The City may exercise its
management rights unilaterally without the obligation of meet and confer on the
decision to exercise such rights. However, the City shall meet and confer on the
impact thereof pursuant to Section 2 of this Article. The sole and exclusive rights
of Management, as they are not abridged by this MOU or by law shall include,
but not be limited to, the following rights:
a) To manage the City generally and to determine the issue of policy;
b) To determine the existence or nonexistence of facts which are the basis of
the Management decision;
c) To determine the necessity of organization of any service or activity
conducted by the City and expand or diminish services;
d) To determine the nature, manner, means and technology and extent of
services to be provided to the public;
e) To determine the methods of financing;
f) To determine the types of equipment or technology to be used;
g) To determine and/or change the facilities, methods, technological means,
and size of the work force by which the city operations are to be
conducted;
h) To determine and change the number of locations, relocations and type of
operations, processes and materials to be used in carrying out all City
functions including, but not limited to, the right to contract or subcontract
any work or operation of the City;
i) To assign work to and schedule employees in accordance with
requirements as determined by the City and to establish and change work
schedules and assignments upon reasonable notice;
j) To establish and modify productivity and performance programs and
standards;
k) To relieve employees from duties for lack of work, or funds, or similar non -
disciplinary reasons;
1) To discharge, suspend. demote, or otherwise discipline employees for
proper cause;
m) To determine job classification and to reclassify employees;
n) To hire, transfer, promote and demote employees for disciplinary and non -
disciplinary reasons;
o) To determine and administer policies, procedures and standards for
9
selection, training, and promotion of employees;
p) To establish employee performance standards including but not limited to,
qualifications and quantity standards and to require compliance therewith;
q) To maintain order and efficiency in its facilities and operations;
r) To establish and promulgate and/or modify Rules and Regulations to
maintain order and safety in the City which are not in contravention of this
MOU;
s) To take any and all necessary actions to carry out the mission of the City
in emergencies.
Section 2. Except in emergencies or where the City is required to make
changes in its operations because of the requirements of law, whenever the
exercise of Management's rights shall impact on employees represented by the
Association, the City agrees to meet and confer with representatives of the
Association regarding the impact of the exercise of such rights, unless the matter
of the exercise of such rights is provided for in this MOU or in the Personnel
Rules and Regulations, Safety Resolutions and Municipal Code which are
incorporated herein by reference in this MOU. By agreeing to meet and confer
with the Association as to the impact and exercise of any of the foregoing City
rights, Management's discretion in the exercise of these rights shall not be
diminished.
ARTICLE 7. COMPENSATION PLAN
Section 1. All employees covered by this Memorandum of Understanding shall
be included under the Basic Compensation Plan. Every classification under this
plan shall be assigned a monthly base salary grade adopted by the City Council.
The salary schedule shall consist of five (5) steps within each grade.
Section 2. The first step is a minimum rate and is normally the hiring rate for
the classification. An employee may be assigned, upon appointment, to other
than normal entering salary step within the assigned grade upon the
recommendation of the Chief of Police and approval of the City Manager when it
is decided that such action is in the best interest of the City.
Section 3. The second step in the monthly base salary grade is a merit
adjustment which may be given at the end of six (6) months of employment
subject to the recommendation of the Chief of Police and approval of the City
Manager.
Section 4. The third, fourth, and fifth steps are merit adjustments to encourage
an employee to improve his/her work and to recognize increased skill on the job.
Employees are normally eligible for these adjustments at any time after the
completion of one (1) year of service at the preceding step. Each adjustment
may be made subject to the recommendation of the Chief of Police and approval
of the City Manager.
CI
ARTICLE 8. ADVANCEMENT WITHIN MONTHLY BASE SALARY GRADES
Section 1. In order to properly compensate an employee, advancement in
salary shall be based on merit.
Section 2. Advancement in salary shall not be automatic, but shall depend
upon increased service value of the employee to the City.
Section 3. The Chief of Police and/or the employees' immediate supervisor
shall be responsible to evaluate employees fairly in an unbiased fashion for the
determination of job performance. Advancement shall be made only upon
recommendation of the Chief of Police and approval of the City Manager.
Section 4. An employee must be reviewed at least once every twelve (12)
months from the effective date of his/her last performance step increase, special
performance advancement or promotion. Nothing contained herein shall restrict
the Chief of Police from denying the increase after evaluation, nor shall it prevent
him/her from recommending special performance advancement in monthly base
salary at any time when unusual or outstanding achievement has been
demonstrated.
ARTICLE 9. SALARY INCREASES FOLLOWING PROMOTION
Section 1. Promotional Appointment — When an employee is promoted to a
position with a higher monthly base salary grade, the employee shall be
compensated at a step of the monthly base salary grade assigned to the new
position that is closest to providing a five percent (5%) salary increase over the
monthly base salary received prior to promotion.
Section 2. Temporary Appointment — In special circumstances, when in the
best interest of the City, the City Manager may approve a temporary assignment
of an employee to a higher-level classification. In such temporary assignments
lasting thirty (30) consecutive calendar days or more, the employee shall be
compensated at a step of the monthly base salary grade assigned to the new
position that is closest to providing a five percent (5%) salary increase over the
monthly base salary received immediately prior to the temporary appointment.
ARTICLE 10. SALARY DECREASES FOLLOWING DEMOTION
In the case of a demotion of any employee represented by the Association to a
classification with a lower maximum salary, such employee shall be assigned to
the appropriate monthly base salary step in the new classification as
recommended by the Chief of Police and approved by the City Manager. The
employee shall retain his/her previous anniversary date.
5
ARTICLE 11. ADJUSTMENT OF SALARY GRADES
When a salary grade for a given classification is revised upward or downward,
the incumbents of positions and classifications affected shall have their existing
monthly base salary adjusted to the same relative step in the new monthly base
salary grade and their anniversary date shall not be changed.
ARTICLE 12. SALARY AND BENEFITS SUSPENSION
During suspension from City service for disciplinary cause, an employee shall
forfeit all rights, privileges and salary, except he/she shall not forfeit his/her
medical health plans including dental, disability insurance, or life insurance.
Should such suspension be later modified or revoked, the employee shall be
entitled to receive payment for loss of income and benefits for any portion of the
suspension that is disapproved.
ARTICLE 13. SPECIAL PAY PROVISIONS
Section 1. Uniform Allowance — Whether or not said sworn employee wears a
traditional uniform, each sworn employee shall receive an annual uniform
allowance of one thousand three hundred dollars ($1,300). The civilian position
of Police Records Supervisor shall receive an annual uniform allowance of four
hundred dollars ($400).
Section 2. Safety Equipment — The City shall provide the initial issue of
uniforms to include two (2) pants and two (2) shirts and, for sworn employees
utility equipment to include weapon, safety helmet, baton, and other safety
equipment as required by law or deemed necessary by the City. The City shall
replace and/or repair any equipment damaged within the course and scope of the
employees' employment. Recurring maintenance, repair, and/or replacement
due to normal wear shall be responsibility of the employee.
Section 3. Temporary Assignment Pay
A. The City shall provide a special assignment pay enhancement,
which recognizes multiple tours of duty to a maximum of five percent (5%) of
base salary as follows with the express understanding that the standard
departmental rotational requirements shall apply:
1. Special assignment pay may only be paid for one position and cannot be
combined with any other positions (i.e. a detective currently assigned to the
SWAT team will only receive a total of five percent (5%) of base salary
special assignment pay at any one time.
2. Special assignment pay lasts only through the term of the assignment.
3. The following list of assignments shall be considered special assignments:
a) Motorcycle Patrol Premium
b) Special Weapons and Tactics (SWAT)
c) Crisis Negotiator Team (CNT)
d) Detective Division Premium
e) Police Administrative Officer
f) Detention Services Premium
g) Rangemaster Premium
Section 4. Deferred Compensation
1. The City contributes twenty dollars ($20) per payroll period into a deferred
compensation program for the Police Records Supervisor position.
ARTICLE 14. COURT TIME
Section 1. An employee called for a subpoenaed court appearance which
arises out of the course of his/her employment and not contiguous with his/her
work shift shall be compensated for a minimum of two and two-thirds (2-2/3)
hours at the rate of one and one-half (1-1/2) times the employee's base hourly
rate of pay. Should the appearance exceed two and two-thirds (2-2/3) hours, the
employee shall receive pay for the actual appearance time, excluding any court
designated lunch period, at the rate of one and one-half (1-1/2) times the
employee's regular hourly rate of pay. Court appearance time shall begin when
the employee departs from the Police station to go directly to Court.
Section 2. Any appearance that is contiguous with a regular work shift is not
subject to the two and two-thirds (2-2/3) hours minimum. Any appearance that is
contiguous with a regular work shift is not subject to the one and one-half (1-1/2)
time rate unless the court appearance otherwise qualifies as overtime under this
MOU.
Section 3. All employees agree to comply with the "on-call" policies
administered by the Department. Should an officer be placed "on-call" during off
duty hours for court appearance(s), he/she shall be granted two (2) hours pay at
the employee's base hourly rate of pay for any "on-call" time prior to twelve
o'clock (12:00) noon and two (2) hours for all "on-call" time after twelve o'clock
(12:00) noon.
ARTICLE 15. CALL-BACK
Section 1. Employees who are called back to duty after having completed a
normal shift or work day assignment and departed from the work premises shall
be paid one and one-half (1-1/2) times the employee's base hourly rate of pay for
each hour worked on call-back. The number of hours calculated at one -and -one-
half (1-1/2) times shall not be less than four (4) hours. Should a call-back exceed
four (4) hours, the employee shall receive pay for the actual call-back time, at the
rate of one and one-half (1-1/2) times the employee's regular hourly rate of pay.
Call-back time shall commence from the time the employee is called back to
service.
7
Section 2. Employees who are off duty and respond for departmental training,
qualification or meetings shall be compensated a minimum of two and two-thirds
(2-2/3) hours per incident. This time shall be calculated at one and one-half (1-1/2)
times the employee's base hourly rate of pay. Should the incident exceed two and
two-thirds (2-2/3) hours, the employee shall receive pay for the actual incident time,
at the rate of one and one-half (1-1/2) times the employee's regular hourly rate of
pay.
ARTICLE 16. STAND-BY PAY
Section 1. Police Sergeant(s) and Lieutenants may be assigned by the Chief
of Police to "stand-by" status.
Section 2. Police Sergeants and Lieutenants required to be on stand-by shall
be eligible to accrue up to a maximum of eight (8) hours of stand-by leave per
month, subject to the following limitations. During any such month when an
employee is required to be on stand-by for less than the entire month, the
maximum number of stand-by leave hours accrued shall be reduced in an
amount reflecting the pro -rated monthly time during which said employee is
expected to be "on stand-by." Such stand-by leave hours shall be maintained in
the employees' Stand-by Leave banks. The parties encourage employees to use
their stand-by leave within two (2) months after it is accrued. The employees
may not have an accumulated balance of more than twenty-four (24) hours of
stand-by leave at any time. If an employee's stand-by leave balance reaches
twenty-four (24) hours, his/her accrual of stand-by leave shall cease. The
employee's accrual of stand-by leave shall not begin again until the employee's
accumulated stand-by leave balance falls below twenty-four (24) hours.
Section 3. Police Captains shall be eligible to accrue up to a maximum of
ninety-six (96) hours of administrative leave on July 1st of each year, subject to
the following limitations. Such administrative leave hours shall be maintained in
the employees' Administrative Leave banks. The parties encourage employees
to use their administrative leave during the fiscal year (July 1st through June
30th) in which it is accrued. An employee may not have more than ninety-six
(96) hours of administrative leave on the books at any time. If an employee does
not use all of his/her administrative leave within the fiscal year in which the
employee accrued it, he/she will not accrue the maximum number of
administrative leave hours in the next fiscal year. Instead, the employee will only
earn that number of administrative leave hours, on July 1st of each year that will
bring the employee's balance of administrative leave hours up to the maximum
number. Because administrative leave cannot be removed from an employee
once earned, and the parties do not want employees to have more administrative
leave on the books than would be received within the current fiscal year, any
hours of administrative leave carried over at the end of the fiscal year results in
the employee being unable to accrue that same amount of administrative leave in
the next fiscal year. Thus, for example, if an employee uses only eighty (80)
hours of administrative leave during a fiscal year and carries over sixteen (16)
hours of administrative leave to the next fiscal year, that employee will only
rn
accrue eighty (80) hours of administrative leave on July 1st, bringing the
employee's administrative leave balance, on July 1st, up to the ninety-six (96)
hours maximum.
ARTICLE 17. MOVIE DETAIL
Section 1. Employees shall be paid seventy dollars ($70) per hour for outside
movie details. It is understood that time spent on movie detail is brokered
outside work and is not considered time worked for the purpose of calculation
City overtime compensation.
ARTICLE 18. EXPERIENCE PAY
For Employees Hired On or Before June 30, 2010:
Section 1. Qualified employees represented by the Association with a
minimum of ten (10) years of full-time service as a sworn peace officer with a
Municipal, County, or State Police agency meeting Police Officer Standards and
Training (P.O.S.T.) standards, or their equivalent, shall be eligible to receive
experience pay.
Section 2. To qualify for experience pay, an employee must meet the
minimum years of service required and receive an overall satisfactory
performance appraisal reviewed, approved, and signed by the Chief of Police,
his/her designee, or an individual acting in the capacity of the Chief of Police.
The recommendation of Experience Pay is subject to verification and approval by
the City Manager.
Section 3. Experience pay — Ten (10) Years of Service — After ten (10) years
of qualifying service, experience pay shall be paid at a rate of five percent (5%)
of the qualified employee's monthly base salary.
Section 4. Experience pay — Twenty (20) Years of Service — After twenty (20)
years of qualifying service, experience pay shall be paid at a rate of ten percent
(10%) of the qualified employee's monthly base salary.
Section 5. Experience pay -- Twenty-five (25) Years of City of Seal Beach
Service — After twenty-five (25) years of City of Seal Beach Service (only service
with the City of Seal Beach shall apply), experience pay shall be paid at a rate of
fifteen percent (15%) of the qualified employee's monthly base salary.
Section 6. Experience pay is not cumulative. Thus, an employee will only
receive the highest level of experience pay for which the employee is qualified. For
example, an employee reaching twenty (20) years of service as a sworn peace
officer with the City of Seal Beach, stops receiving the five percent (5%) level of
experience pay and begins receiving only the ten percent (10%) level of experience
pay. Such an employee does not receive both the five percent (5%) level and the
ten percent (10%) level, at the same time.
01
For Employees Hired On or After July 1, 2010:
Section 7. Qualified employees represented by the Association with a minimum
of ten (10) years of full time service as a sworn peace officer with the City of Seal
Beach shall be eligible to receive experience pay.
Section 8. To qualify for experience pay, an employee must meet the minimum
years of service required and receive an overall satisfactory performance appraisal
signed by the Chief of Police, his designate or an individual acting in his capacity.
Section 9. Experience pay shall be as follows:
A. After ten (10) years of City of Seal Beach sworn peace officer service,
experience pay shall be paid at a rate of five percent (5%) of the qualified
employee's monthly base salary.
B. After twenty (20) years of City of Seal Beach sworn peace officer
service, experience pay shall be paid at a rate of ten percent (10%) of the qualified
employee's monthly base salary.
C. After twenty-five (25) years of City of Seal Beach sworn peace officer
service, experience pay shall be paid at a rate of fifteen percent (15%) of the
qualified employee's monthly base salary.
Section 10. Experience pay is not cumulative. Thus, an employee will only
receive the highest level of experience pay for which the employee is qualified. For
example, an employee reaching twenty (20) years of service as a sworn peace
officer with the City of Seal Beach, stops receiving the five percent (5%) level of
experience pay and begins receiving only the ten percent (10%) level of experience
pay. Such an employee does not receive both the five percent (5%) level and the
ten percent (10%) level, at the same time.
Section 11. For Non -Sworn Employees:
1. Qualified non -sworn employees represented by the Association with ten (10)
years or more of consecutive Seal Beach service shall be eligible to receive
experience pay under only Section 3, above. Section 4,5, and 9 do not apply
to non -sworn employees represented by the Association.
ARTICLE 19. EDUCATION INCENTIVE PAY
Section 1. Forty-five (45) Semester Units of College Credits — Employees
covered by this Article who have completed forty-five (45) semester units of
credit from an accredited college or university with at least sixteen (16) units in
the field of Police Science shall receive three hundred dollars ($300) per month
in addition to his/her monthly base salary. This Article is only applicable to sworn
employees in the bargaining unit represented by the Association. Non -sworn
employees represented by the Association are not eligible for Education
Incentive Pay.
M]
Section 2. Sixty (60) Semester Units of College Credits or Intermediate
P.O.S.T. Certification - Employees covered by this Article who have completed
sixty (60) semester units of credit from an accredited college or university with at
least nineteen (19) units in the field of Police Science or have attained a P.O.S.T.
Intermediate Certificate shall receive four hundred dollars ($400) per month in
addition to his/her monthly base salary.
Section 3. Bachelor of Arts/Bachelor of Science (BA/BS) Degree or Advanced
P.O.S.T. Certification - Employees covered by this Article who have completed
BA/BS Degree from an accredited college or university with at least twenty-two
(22) units in the field of Police Science or have attained a P.O.S.T. Advanced
Certificate shall receive five hundred dollars ($500) per month in addition to
his/her monthly base salary.
Section 4. The Education Incentive payment compensation shall be based on
achievements over and above the job requirements established in the position
classification plan for each classification. Payment to employees shall be based on
the highest achievement level only; e.g., employees with an Associate's and
Bachelor's degree will receive compensation for the Bachelor's degree only.
Section 5. Employees receiving Educational Incentive pay shall not lose that
pay if he/she is promoted to a classification which required the education for
which the employee is receiving the additional pay. If the minimum educational
requirements are lawfully changed during the term of the MOU, employees
receiving educational incentive pay will not be affected by such change and will
not result in any loss of such incentive pay.
Section 6. All payments under this Article are subject to verification and
approval by the City Manager.
Section 7. Employees serving an original probationary period shall be
ineligible to receive educational incentive pay.
ARTICLE 20. TUITION REIMBURSEMENT
Section 1. Tuition Reimbursement
A. Higher Education Degree Programs - Unit members attending
accredited community colleges, universities, and trade schools for the purpose of
obtaining a higher education degree may apply for reimbursement of tuition,
books, student fees and parking. Reimbursement is capped each calendar year
at the tuition rate of the Cal State University system for up to two (2) semesters
of full-time, undergraduate enrollment.
Reimbursement is contingent upon the successful completion of the
course. For any course that could be taken for a letter grade, it must be taken for
a letter grade and successful completion means a grade of "C" or better for
11
undergraduate courses and a grade of "B" or better for graduate courses. For
any course that can only be taken for a grade of "credit" or "no -credit", successful
completion means a grade of "credit". All claims for tuition reimbursement
require prior approval and are subject to verification and approval by the City
Manager. This tuition reimbursement does not pertain to P.O.S.T. courses
attended on duty.
Example 1: Officer A attends California State University, Long Beach, for the
Spring 2021 semester and completes two (2) 3 -unit undergraduate courses with
a grade of "C" or better. The tuition reimbursement would be calculated as
follows:
2020-2021 State University Tuition $ 1,665.00 (0-6 units)
Required University Fees $ 554.00 (approx.)
Parking $ 175.00
Books $ 535.00 (approx.)
TOTAL $ 2,929.00
Example 2: Officer B attends California State University, Long Beach, for the
Spring 2021 semester and completes three (3) 3 -unit undergraduate courses
with a grade of "C" or better. The tuition reimbursement would be calculated as
follows:
2020-2021 State University Tuition $ 2,871.00 (6.1 or more units)
Required University Fees $ 554.00 (approx.)
Parking $ 175.00
Books $ 535.00 (approx.)
TOTAL $ 4,135.00
B. Professional Conventions and Conferences - Unit members who
attend job related conventions and conferences that are not sponsored by the
Department may submit for reimbursement under the tuition reimbursement
program for the cost of enrollment. Attendance of conventions and conferences
must be job related and pre -approved by the Chief of Police. The cost of travel,
sustenance, and lodging is not reimbursable under tuition reimbursement per IRS
Publication 970.
ARTICLE 21. PHYSICAL FITNESS PROGRAM
The physical fitness program is a voluntary program for all sworn officers utilizing
vacation hours as compensation for achieving goals within this program. The
details of this program are attached as Exhibit A to this MOU.
ARTICLE 22. TRAINING PROGRAMS
Section 1. The City shall pay reasonable expenses incurred by employees
attending approved training programs. Expenses include registration fees and
the costs of purchasing required course materials, travel to and from the training
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course, meals and lodging shall be reimbursed per the City's adopted Per Diem
policy.
Section 2. When an employee is sent by the City to a training program which
is not a part of his/her regular work schedule, the employee shall receive eight
(8) hours pay for each full day of training and such eight (8) hours pay shall be
credited towards the computation of overtime.
ARTICLE 23. HOLIDAYS
Section 1. Recognized Holidays
The City will recognize the following designated holidays each fiscal year:
Independence Day (July 4th)
Labor Day
(1st Monday in September)
Veterans' Day
(November 11)
Thanksgiving Day
(4th Thursday in November)
Christmas Eve
(December 24th)
Christmas Day
(December 25th)
New Year's Day
(January 1st)
Martin Luther King Day
(3rd Monday in January)
Presidents' Day
(3rd Monday in February)
Memorial Day
(Last Monday in May)
Section 2. Floating Holidays
The City will also recognize two (2) floating holidays each fiscal year for
sworn employees in the bargaining unit. The City will also recognize one (1)
floating holiday each fiscal year for non -sworn employees in the bargaining unit.
Each unit sworn employee shall be eligible to accrue up to a maximum of two (2)
floating holidays on July 1st of each year, subject to the following limitations.
non -sworn employee shall be eligible to accrue up to a maximum of one (1)
floating holiday on July 1St of each year, subject to the following limitations. The
floating holidays shall be taken, or cashed out, during the fiscal year (July 1st
through June 30th) in which they are accrued. A sworn employee may not have
more than two (2) floating holidays on the books at any time. A non -sworn
employee may not have more than one (1) floating holiday on the books at any
time. If an employee does not use, or cash out, all of his/her floating holidays
within the fiscal year in which the employee accrued them, he/she will not earn
the maximum number of additional floating holidays in the next fiscal year.
Instead, the employee will only earn that number of floating holidays, on July 1st
of each year that will bring the employee's balance of floating holidays up to the
maximum number. Thus, for example, if a sworn employee uses, or cashes out,
only one floating holiday during a fiscal year, that sworn employee will only
accrue one additional floating holiday on July 1st of the following fiscal year,
bringing the sworn employee's floating holiday balance up to two (2) floating
holidays. The parties encourage employees in the unit to use their floating
13
holidays. Since floating holidays cannot be removed from an employee once
earned, and the parties do not want employees to have more floating holidays on
the books than would be received within the current fiscal year, a floating
holiday(s) carried over at the end of the fiscal year results in the employee being
unable to earn that holiday(s) in the next fiscal year.
The date on which a floating holiday will be used may be individually
selected by the employee subject to the approval of the Chief of Police. Approval
will not normally be granted if it would require the Department to backfill the
employee's position at time -and -one-half to maintain necessary
staffing/deployment levels. A floating holiday cannot be used on any of the
designated holidays recognized by the City or on another floating holiday. To
request to use, or cash out, a floating holiday, an employee must submit a
completed "Request for leave/overtime and special pay report".
The past practice of the City in permitting the stacking of floating holidays
is specifically eliminated by the above language.
Section 3. Compensation for Holidays
A. Compensation for a Holiday when No Work is Performed on a
Holiday. When a holiday falls on a day that a sworn employee performs no work
(whether the day is the employee's scheduled work day or not), the employee
shall be paid twelve and one third (12.33) hours of holiday pay for the holiday, at
the employee's regular hourly rate of pay. When a holiday falls on a day that a
non -sworn employee performs no work (whether the day is the employee's
scheduled work day or not), the employee shall be paid ten (10) hours of holiday
pay for the holiday, at the employee's regular hourly rate of pay.
B. Compensation for a Holiday when Work is Performed on a Holiday.
When a holiday falls on a day that a sworn employee performs work (whether the
day is the employee's scheduled work day or not), the employee shall be paid as
follows:
1. If the holiday is Independence Day, Thanksgiving Day, Christmas Day, or
New Year's Day the employee shall be paid "hardship" pay as follows:
a. Twelve and one third (12.33) hours of holiday pay for the
holiday, at the employee's regular hourly rate of pay per Section
3A, and
b. Pay for the number of hours of work the employee actually
performed on the holiday, at the rate of pay otherwise specified
in this MOU for such work hours, and
c. Pay for the number of hours of work the employee actually
performed on the holiday, at the employee's base hourly rate of
pay.
M
Example 1: Officer A works 6 hours on Christmas Day. Officer A would earn pay
computed as follows:
Hours Pay Rate
12.33 hours holiday pay regular hourly rate
6 hours work pay regular hourly rate or overtime hourly rate, as
applicable under MOU
6 hours hardship pay base hourly rate
2. If the holiday is not Independence Day, Thanksgiving Day, Christmas Day,
or New Year's Day the employee shall be paid:
a. Twelve and one third (12.33) hours of holiday pay for the
holiday, at the employee's regular hourly rate of pay as per
Section 3A, and
b. Pay for the number of hours of work the employee actually
performed on the holiday, at the rate of pay otherwise specified
in this MOU for such work hours.
Example 2: Officer B works eight (8) hours on Veterans' Day. Officer B would
earn pay computed as follows:
Hours Pay Rate
12.33 hours holiday pay regular hourly rate
8 hours work pay regular hourly rate or overtime hourly rate, as
applicable under MOU
C. The past practice of the City paying hardship holiday pay to an
employee on a designated hardship holiday when in fact said employee did not
work on the designated hardship holiday is specifically eliminated by the above
language.
Section 4. Conversion of Hardship Pay to Time Off
An employee may choose to convert any hardship pay to time off or non-
FLSA compensatory time at the rate of one hour of hardship pay converting to
one hour of time off or to one hour of non-FLSA compensatory time.
ARTICLE 24. FRINGE BENEFIT ADMINISTRATION
The City reserves the right to select the insurance carrier or administer any fringe
benefit program that now exist or may exist in the future during the term of this
MOU, unless otherwise specified within this MOU.
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ARTICLE 25. FRINGE BENEFIT SELECTION AND FUNDING
In the administration of the fringe benefit programs, the City shall have the right
to select any insurance carrier or other method of providing coverage to fund the
benefits included under the terms of the MOU, provided that the benefits of the
employees and affected retirees shall be no less than those in existence as of
implementation of this MOU.
ARTICLE 26. FRINGE BENEFIT LIMITS
Section 1. City shall not pay premium or accrue any fringe benefits afforded
with this MOU for any employee on unpaid leave status, for more than fourteen
(14) consecutive calendar days, unless specifically provided for within this MOU,
authorized by the City Manager, or otherwise provided for by federal or state
"Family Leave Acts" and/or "Workers' Compensation" requirements.
Section 2. City shall not pay premiums or accrue any fringe benefits afforded
with this MOU for any employee who has been absent without authorization
during said month, suspended without pay, or who has terminated from City
employment unless specifically provided for within this MOU.
ARTICLE 27. FRINGE BENEFIT CHANGES
If, during the term of this MOU, any changes of insurance carrier or method of
funding for any benefit provided hereunder is contemplated, the City shall notify
the Association prior to any change of insurance carrier or method of funding the
coverage.
ARTICLE 28. HEALTH CARE COVERAGE
Section 1. Health Care Coverage
A. "Health Care Coverage"
The City shall contribute an equal amount towards the cost of Health Care
coverage under PEMHCA for both active sworn employees and retirees. The
City's contribution toward coverage under PEMHCA shall be the minimum
contribution amount established by CaIPERS on an annual basis. Effective July
1St , 2020 the City's contribution under PEMHCA shall be one hundred forty -
three dollars ($143).
The City shall implement a full flex cafeteria plan for eligible employees in
accordance with the criteria provided to the employees during negotiations. For
employees participating in the City's full flex cafeteria plan, each employee shall
receive a monthly flex dollar allowance to be used for the purchase of benefits
under the full flex cafeteria plan. Beginning January 1, 2021 the monthly flex
dollar allowance shall be:
Calendar Year 2021
For single employees: $1,050
For employee +1 dependent: $1,454.41
For employee + 2 or more dependents: $1,880.83
A portion of the flex dollar allowance ($143) is identified as the City's
contribution towards PEMHCA. The PEMHCA contribution will be subject to
change as the PEMHCA minimum contribution increases. Remaining flex dollars
will be used by employees to participate in the City's health plans.
B. Subject to Public Employees' Retirement System (PERS)
administration requirements, the City shall make available to eligible employees
participation in the group Health Care plans offered by CalPERS.
C. Employees who elect not to participate in the full flex cafeteria plan
may receive three -hundred and fifty dollars ($350) per month (upon showing proof
of health insurance coverage under an alternative plan.) Employees that elected to
opt out of the full flex cafeteria plan prior to July 1, 2020 will be permitted to receive
one thousand fifty dollars ($1,050) per month (upon showing proof of health
insurance coverage under an alternative plan) until June 30, 2022 and will
thereafter receive three -hundred and fifty dollars ($350). Election forms are
available in Human Resources.
Section 2. Health Insurance Plan for Retirees
A. The City shall provide to any sworn retired employee (either service
or disability) who is hired after August 1, 1983 and on or before December 31,
2007, and retires after December 31, 2009, and who has attained the age of fifty
(50) the following group Health Care insurance benefits:
1. If the employee has fifteen (15) or more years of full-time City
of Seal Beach service, the City shall pay for such sworn retired employee at the
rate of (a) the average of the two (2) lowest cost health care plans offered by
CalPERS, or (b) the CaIPERS Kaiser HMO, whichever is greater. When the sworn
retired employee becomes Medicare eligible, the City's contribution will be capped
at the rate of (a) the average of the two (2) lowest cost Medicare supplement plans
offered by CalPERS, or (b) the CalPERS Kaiser HMO Medicare supplement plan,
whichever is greater.
2. If the employee has twenty (20) or more years of full-time City
of Seal Beach service, the City shall pay such retired employee and one
dependent, depending on the qualified dependent status, the group health care
insurance premium at the rate of (a) the average of the two (2) lowest cost health
care plans offered by CalPERS, or (b) the CalPERS Kaiser HMO, whichever is
greater. When the sworn retired employee becomes Medicare eligible, the City's
contribution will be capped at the rate of (a) the average of the two (2) lowest cost
Medicare supplement plans offered by CalPERS, or (b) the CalPERS Kaiser HMO
Medicare supplement plan, whichever is greater.
17
3. If the employee has twenty-five (25) or more years of full-time
City of Seal Beach service, the City shall pay such retired employee and
dependents, depending on the qualified dependent status, the group health care
insurance premium at the rate of (a) the average of the two (2) lowest cost health
care plans offered by CaIPERS, or (b) the CalPERS Kaiser HMO, whichever is
greater. When the retired employee becomes Medicare eligible, the City's
contribution will be capped at the rate of (a) the average of the two (2) lowest cost
Medicare supplement plans offered by CalPERS, or (b) the CalPERS Kaiser HMO
Medicare supplement plan, whichever is greater.
B. The City shall provide to any sworn retired employee (either service
or disability) who is hired on or after January 1, 2008, and who has both fifteen (15)
or more years of full-time City of Seal Beach service and has attained the age of
fifty (50) the following group Health Care insurance benefits:
1. The City shall contribute at the minimum rate under
PEMHCA as mandated by CalPERS.
C. In all cases, the City's contribution for eligible dependent coverage
for retirees shall terminate with the death of the retiree.
D. In the event an eligible retired employee resides in an area where
the health plans provided by the City are not in effect, that retired employee shall
be entitled to receive in cash each month an amount equal to the City flex
contribution at time of retirement.
ARTICLE 29. LIFE INSURANCE
The City shall pay one hundred percent (100%) of the premium for a term life
insurance policy with a face value of seventy-five thousand dollars ($75,000),
and non -sworn with a face value of fifty thousand dollars ($50,000), double
indemnity accidental death benefit and a dependent death benefit in the amount
of one thousand dollars ($1,000) per dependent.
ARTICLE 30. DISABILITY INSURANCE PLAN
The City shall pay one hundred percent (100%) of the premium for the
"employee's long-term disability insurance plan with an income continuation of
not less than sixty-six and two-thirds percent (66-2/3%) of the employee's
monthly base salary, subject to caps and eligibility requirements as set forth
within the policy of the accepted carrier. Modifications to the plan shall be made
only after the City has met and consulted with the Association.
ARTICLE 31. SECTION 125 PLAN
The City will provide a Section 125 Plan (pre-tax deduction) for health, dental and
child care expenses. This plan will allow for payroll deduction from the
employee's salary as designated by the employee for the purpose of
participation. The maximum contributable dollar amount and plan year length is
administered and determined by the Human Resources at the direction of the
City Manager.
ARTICLE 32. ANNUAL PHYSICAL
The City shall provide a physical exam periodically as indicated below for the
purpose of detecting heart trouble and cancer for sworn unit members. The exam
shall be given by a City appointed physician who is acceptable to the Association.
Cost of said physical exam shall be borne by the City. The resulting diagnosis shall
be submitted to the City as well as the employee together with specifics of
corrective treatment.
Physical Exam Schedule:
New Employee 2nd year following appointment
Employee under 40 Alternate years
Employee 40 & Over Every year
ARTICLE 33. RETIREMENT
.qartinn 1
A. The City shall make contributions for the public safety personnel
covered by this MOU to the PERS plan known as three percent at fifty (3% @ 50)
with those benefit options as provided for in the contract between the City and
PERS for employees defined by the Public Employees' Pension Reform Act
(PEPRA) as "classic members" (meaning those persons who were members of
PERS or a reciprocal California public pension plan as of December 31, 2012).
B. New employees/members hired on or after January 1, 2013 as
defined by PEPRA will be hired at the retirement formula in accordance with
PEPRA and other legislation. New members entering membership for the first
time in a Police Safety classification shall be eligible for the two point seven
percent at fifty-seven (2.7% @ 57) retirement formula for Local Safety members.
The employee contribution for new members shall be one-half the normal cost,
as determined by CalPERS. In no event shall the City make contributions to the
PERS plans for new members.
C. Modification(s) to the contract shall be made only after the City has
met and conferred with the Association and such modification(s) made a part of
the contract between the City and PERS consistent with the requirements of
PERS.
Section 2. The City shall make contributions for the non -sworn personnel
covered by this MOU to the PERS plan known as two percent at fifty-five
(2%@55) with those benefit options as provided for in the contract between the
City and PERS. New members entering membership for the first time as non-
ii�7
sworn personnel shall be hired at the retirement formula in accordance with
PEPRA and other legislations. Modification(s) to the contract shall be made only
after the City has met and conferred with the Association and such
modification(s) made a part of the contract between the City and PERS
consistent with the requirements of PERS.
ARTICLE 34. HOURS OF WORK — WORK PERIOD
Section 1. Work Period
A. The work period for law enforcement personnel (as defined by the
Fair Labor Standards Act) shall be three hundred thirty-six (336) continuous hours
(fourteen (14) consecutive days). All full-time law enforcement personnel shall be
regularly assigned one of the following work schedules:
1. "Three -Twelve" - three (3) consecutive three (3) day work weeks
consisting of three (3) twelve (12) hour and twenty (20) minute work days
followed by a four (4) day work week consisting of three (3) twelve (12)
hour and twenty (20) minute work days and one (1) twelve (12) hour
work day.
2. "Four -Ten" - a work week consisting of ten (10) hours/day, four (4)
days/week.
3. "Five -Eight" - a work week consisting of eight (8) hours/day, five (5)
days/week.
Section 2. Three -Twelve Work Schedule
A. The standard workweek shall be thirty-seven (37) hours or forty-nine
(49) hours depending on the number of days worked in a workweek pursuant to
A.1. above.
B. For PERS reporting purposes, the nine (9) hours worked over forty
(40) during the forty-nine (49) hour work week of the work period will be considered
regular straight time hours for the intention to report forty (40) hours of regular
hours during a workweek.
Section 3. Reporting to California Public Employees' Retirement System
(PERS) - All regular hours worked, regardless of work schedule, shall be
reported to PERS.
ARTICLE 35. OVERTIME COMPENSATION
Section 1. Overtime Defined for Eligible Law Enforcement Personnel
A. Three -Twelve Workweek
Time worked in excess of eighty-six (86) hours in a FLSA work period as defined in
411
Article 34, Section 1.A. or time worked on scheduled days off.
B. Four -Ten Workweek
Time worked in excess of eighty-six (86) hours in a FLSA work period as defined in
Article 34, Section 1.A. or time worked on scheduled days off.
C. Five -Eight Workweek
Time worked in excess of eighty-six (86) hours in a FLSA work period as defined in
Article 34, Section 1.A. or time worked on scheduled days off.
Section 2. Compensation for Overtime
A. Authorized non-FLSA overtime shall be compensated in pay or
compensatory time at the rate of one -and -one-half (1-1/2) times the base hourly
rate of pay.
B. In computing overtime for a work period, time absent from duty as a
result of use of sick leave, vacation, holiday or compensatory time off shall not be
considered as time deemed to have been worked.
Section 3. Compensatory Time - Employees may elect to receive
compensatory time in lieu of pay for overtime subject to A. and B. below.
A. Should an employee desire to take compensatory time off, he/she
shall provide reasonable notice, i.e., no less than fourteen (14) calendar days
(one payroll cycle), and file a written request with the Chief of Police. The Chief
of Police shall grant compensatory time off based on departmental manpower
needs. If an employee fails to provide fourteen (14) calendar days (one payroll
cycle) advance notice to the Chief of Police, the Chief of Police shall consider the
request for compensatory time off and has discretionary authority to grant or
deny the request.
B. Employees shall be permitted to accumulate a maximum of
seventy-five (75) hours of compensatory time. An employee who has
accumulated seventy-five (75) hours of compensatory time will be reimbursed
within the pay period earned for any overtime in excess of seventy-five (75)
hours maximum.
C. An employee may, upon written request submitted to and approved
by the City Manager, receive reimbursement for the requested number of hours
of accumulated compensatory time below the cap of seventy-five (75) hours.
Reimbursement shall occur with the next regular payroll following the pay period
in which the employee's written request has been approved by the City Manager.
Section 4. Approval for Overtime - In order for an employee to earn
compensation for overtime, he/she must receive a supervisor's or the Chief of
Police's approval. Overtime worked to meet an emergency situation does not
21
require advance approval but shall be certified by the Chief of Police before
being credited to the employee's record.
ARTICLE 36. VACATION
Section 1. Eligibility — All regular full-time employees having completed one (1)
year of continuous service with the department and annually thereafter, shall be
eligible for a paid vacation at their then existing rate of pay.
Section 2. Accrual — Vacation hours are accrued as follows:
A. Vacation leave is accumulated yearly and is computed on the basis
of the employee's hire date as a regular full-time or probationary employee.
B. Years of service, for purpose of vacation accrual, shall be from the
date of initial employment as a full-time probationary or regular employee to the
anniversary date concluding the full year of the designated year.
C. All eligible unit employees hired after February 1, 1998, will accrue
vacation leave by the following schedule:
Years Of
Hours
Max. Hourly Accrual
Annual
Service
Earned
Rate/Pay Period Bi -Weekly
Vacation Hours
0-5 Years
80
3.0769
80 hours
6-14
120
4.6153
120 hours
15-19
160
6.1538
160 hours
20+
200
7.6923
200 hours
D. An eligible employee hired on or before February 1, 1998, shall
accrue vacation leave by the following schedule:
Years Of
Hourly Accrual Rate
Annual
Service
Per Pay Period
Accrual Rate
0-5 Years
4.615
120 hours
6
4.923
128 hours
7
5.231
136 hours
8
5.486
144 hours
9
5.539
152 hours
10-15
6.154
160 hours
16+
7.692
200 hours
Section 3. Maximum Accrual
A. An employee may accumulate unused vacation to a maximum of four
hundred (400) hours. If the needs of the service require that an employee be
denied the use of accrued vacation time and such denial is anticipated to result in a
cessation of accrual, the employee may request that his maximum accrual be
increased to an amount not to exceed the amount accrued in the preceding thirty -
W)
six (36) month period. Such request must be submitted to the Chief of Police prior
to a cessation of accrual and is subject to the approval of the Chief of Police and
City Manager.
B. The accrual of vacation shall cease when an employee's
accumulated vacation is at the maximum provided in this Section. Additional
vacation shall begin accruing when the employee's vacation balance falls below the
maximum.
C. An employee on Injury on Duty (IOD) status or leave may accrue
vacation up to the maximum under this section. Should the employee reach
maximum accumulation, the City shall cash out the equivalent hours that the
employee has taken for vacation during the fiscal year. Should the employee reach
maximum again after the cash out while still on IOD or leave, accruals shall cease.
Section 4. Use of Vacation — Vacation is granted as follows:
A. The time at which an employee's vacation is to occur shall be
determined by the Chief of Police with due regard for the wishes of the employee
and particular regard for the needs of the service.
B. Employees who have completed two (2) years or more of
continuous service may elect to be paid for up to a maximum of eighty (80) hours
of accumulated vacation up to twice per calendar year.
Section 5. Vacation Payment at Termination — Employees terminating
employment shall be paid in a lump sum for all accumulated vacation no later
than the next regular payday following termination. If the termination is due to
death of the employee, the employee's beneficiary designated on the City's life
insurance policy form in the employee's personnel file shall receive the
employee's pay for unused vacation. In the event an employee has not
designated a beneficiary, the payment shall be made to the estate of the
employee.
Section 6. Vacation Accrual During Leave of Absence — No vacation shall be
earned during any leave of absence without pay for each fourteen (14) day pay
period of such leave.
Section 7. Prohibition Against Working for City During Vacation — Employees
shall not work for the City during his/her vacation and, thereby receive double
compensation from the City.
ARTICLE 37. LEAVE OF ABSENCE
Section 1. Authorized Leave of Absence Without Pay — Authorized Leave of
Absence Without Pay is granted as follows:
A. Upon the Chief of Police's recommendation and approval of the
1691
City Manager, an employee may be granted a leave of absence without pay in
cases of an emergency or where such absence would not be contrary to the best
interest of the City, for a period not to exceed ninety (90) working days.
B. Upon written request of the employee, the City Council may grant a
leave of absence, with or without pay, for a period not to exceed one (1) year.
C. At the expiration of the approved leave of absence, after notice to
return to duty, the employee shall be reinstated to the position held at the time
the leave of absence was granted. Failure on the part of the employee to report
promptly at such leave of absence's expiration and receipt of notice to return to
duty, shall be cause for discharge.
D. During any authorized leave of absence without pay, an employee
shall not be eligible to accumulate or receive fringe benefits except as specifically
provided for in this Memorandum of Understanding, except that the City shall
contribute to an employee's medical and dental health plan, disability insurance
plan, and life insurance plan for the first thirty (30) calendar days of the leave of
absence.
ARTICLE 38. UNAUTHORIZED ABSENCE
Unauthorized absence is days, or portions of days, wherein an employee is
absent from work without City approval. Unless subsequently approved, such
absence will result in a deduction from the employee's pay of an amount
equivalent to the time absent. Employees taking unauthorized absence may be
subject to disciplinary action, up to and including termination of employment.
ARTICLE 39. BEREAVEMENT LEAVE
Section 1. Employees may be granted up to forty (40) hours of bereavement
leave, by the reason of the death in their family which shall be restricted and
limited to immediate family by reason of biology, marriage, or adoption, or all
degree of relatives not listed but living within the household of the employee.
Family lineage covered by this provision:
• Spouse or Registered Domestic Partner
• Father and Mother (Including Step parent and adoptive parent)
• Father and Mother In -Law
• Grandparent
• Brother and Sister (Including step sibling or sibling due to legal adoption)
• Child (Including step child, child due to marriage or legal adoption)
• Grandchild (Including step grandchild, due to marriage or legal adoption)
• All degree of relatives not listed but living within the household of the
employee
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ARTICLE 40. MILITARY LEAVE OF ABSENCE
Section 1. Military leave shall be granted in accordance with the provisions of
State law. All employees entitled to military leave shall give the Chief of Police
an opportunity within the limits of military regulations to determine when such
leave shall be taken. Whenever possible, the employee involved shall notify the
Chief of Police of such leave request ten (10) working days in advance of the
beginning of the leave.
Section 2. In addition to provisions of State law, the City shall continue to
provide eligible employees on military leave the current health benefits (medical,
dental, disability, and life insurance) and retirement (if applicable) for the first
three (3) months of military leave. During said period, the employee shall be
required to pay the City the same co -payments as required of other employees.
After the first three (3) months of military leave, the employee may continue said
benefits at his/her cost.
ARTICLE 41.
This article was intentionally left blank and has been reserved for future use.
ARTICLE 42. JURY DUTY
Section 1. Jury Duty is granted as follows:
A. Employees required to report for jury duty shall be granted leave of
absence for such purpose, upon presentation of jury notice to the Chief of Police.
Said employees shall receive full payment for the time served on jury duty,
provided the employee remits any fees received for such jury service, excluding
payment for mileage, to the City's Department of Finance. Compensation for
mileage, subsistence or similar auxiliary allowance shall not be considered as a
fee and shall be returned to the employee by the Department of Finance.
B. If the sum of the employee's jury duty responsibility is less than a
full work day, the employee shall contact his/her supervisor as to the feasibility of
returning to work that day.
ARTICLE 43. SICK LEAVE
Section 1. Accrual - Sworn Positions
A. Sick leave shall be accrued at the rate of twelve and one-third (12-
1/3) hours per calendar month for each calendar month that the sworn employee
has worked regularly scheduled hours and/or has been on authorized leave which
provides for full pay, for at least fifteen (15) working days in that month.
B. Sick leave accrued pursuant to A. above for sworn unit employees
hired prior to July 1, 1985, will be placed into the established sick leave bank at
25
the rate of twelve and one-third (12-1/3) hours per calendar month for each
calendar month that the employee has worked regularly scheduled hours. This
new sick leave bank, established February 4, 1998, cannot be cashed out for
disability retirement. Accumulated sick leave shall not be used to postpone the
effective date of retirement as determined by the City.
C. Employees who are on authorized leaves of absence, without pay,
shall not accrue sick leave hours during said leaves of absence.
D. There is no limit on the amount of sick leave that an employee may
accumulate.
E. An employee may be paid for unused sick leave pursuant to the
following:
1. Employees who have not completed fifteen (15) years of
services with the City will not be eligible to be paid for any accumulated sick leave,
nor shall any accumulated sick leave be used to postpone the effective date of
retirement as determined by the City.
2. Upon separation from the City, employees who have
completed a minimum of fifteen (15) years of service with the City shall have the
choice to:
a) Be paid for the accumulated sick leave up to twenty percent
(20%) of the accumulated sick leave bank.
b) Convert the hours to eight (8) hours workdays and report to
CalPERS for service credit.
c) Or any combination of pay and service credit (maximum twenty
percent [ 20%] payout compensation of total/accumulated sick
leave bank at the time of separation).
d) Compensation shall be at the employees' final hourly rate of pay.
e) Accumulated sick leave shall not be used to postpone the
effective date of the retirement as determined by the City.
3. Employees employed prior to July 1, 1985, who are retired
because of work related disabilities will be paid all of their accumulated sick leave at
their final base hourly rate of pay. Accumulated sick leave shall not be used to
postpone the effective date of retirement as determined by the City. Any sick leave
accrued after February 4, 1998 will be placed in the sick leave bank set forth in
Section 1.13 above, and is not eligible for this payout provision.
Section 2. Sick Leave During Vacation — An employee who becomes ill while
on vacation may have such period of illness charged to his/her accumulated sick
leave provided as follows:
A. Immediately upon return to duty, the employee submits to his/her
supervisor a written request for sick leave and a written statement signed by
his/her physician describing the nature and dates of the illness.
491
B. The Chief of Police recommends and the City Manager approves
the granting of such sick leave.
Section 3. Extended Sick Leave — In the event of an employee's continuing
illness which results in depletion of sick leave accumulation, the employee may
request in writing, to the Chief of Police and City Manager, a leave of absence
without pay for the purpose of recovering from the illness, provided:
A. The employee has used all accumulated sick leave.
B. The employee presents to his department head for referral to and
consideration by the City Manager, a written explanation of the employee's
illness and an estimate of the time needed for recovery signed by the employee's
physician.
C. Prior to resuming his/her duties, the employee may be required to
take a medical examination at City expense and provide a medical release to
return to work from the employee's physician as prescribed by the City Manager.
The employment record and the results of such examination shall be considered
by the City Manager in determining the employee's fitness to return to work.
D. The maximum period of such leave shall be ninety (90) calendar
days. If the employee desires an extension, he/she shall follow, prior to the
termination of the initial leave, the procedure described in Section 3.13 above.
Section 4. General Sick Leave Provisions — Sick leave shall not be granted for
disability arising from any sickness or injury purposely self-inflicted or caused by
an employee's own willful misconduct and negligence.
Section 5. Fitness for Duty - The Chief of Police may require employees to
present proof of physical fitness for duty for sick leaves in excess of three (3)
consecutive working days for those on a twelve (12) hour shift and in excess of
four (4) consecutive working days for those on other shifts.
Section 6. Accrual and Payment -Non -Sworn Positions
A. All full-time non -sworn employees covered by this section shall accrue
sick leave at the rate of ten (10) hours per month. The maximum of
sick leave hours shall be 520 hours.
B. Existing sick leave balances which have remained intact and have not
been converted to leave time may be utilized by the employee for sick
leave purposes only.
C. Upon termination of employment with the City, all leave hours will be
paid to the employee at the employee's base hourly rate of pay.
Existing sick leave balances, which have remained intact and have not
been converted to leave time, will be paid to the employee upon
termination at one-quarter (25%) of the employee's base hourly rate of
pay.
27
D. Non -Sworn Employees who are on authorized leaves of absence,
without pay, shall not accrue sick leave hours during said leaves of
absence.
Section 7. The Sick Leave during Vacation and Extended Sick Leave
provisions in above Section 2 and 3 is also applied to the position of Police
Records Supervisor.
ARTICLE 44. CATASTROPHIC LEAVE
Section 1. Establishment — A Catastrophic Leave Program for the Association
was established which allows donation of paid time for employees represented
by the Association.
Section 2. Purpose — The purpose of the Catastrophic Leave Pool is to enable
full-time employees to receive and donate vacation, administrative leave, and
compensatory time off (CTO) leave credits on an hour for hour basis to assist
employees who have no remaining leave bank balances and who will suffer a
financial hardship due to prolonged illness or injury to themselves, or a member
of their immediate family. Sick Leave is excluded from this program. The
conditions of this program are as follows:
A. Catastrophic Leave will be available only to employees who have
exhausted their own paid leave through bona fide serious illness or accident.
B. The leave pool shall be administered by the Finance Department.
C. Employees must be in regular full-time appointed positions to be
eligible for catastrophic leave.
D. Employees receiving Long -Term Disability payments may
participate in this program, but may not receive combined payments that would
exceed their normal take home pay.
E. All donations are to be confidential, between the donating
employee and the Finance Department.
F. Employees donating to the pool must have forty (40) hours of paid
leave available after making a donation.
G. Donating employees must complete a Catastrophic Leave Program
form with a signed authorization, and includes specifying the specific employee
to be a recipient of the donation.
H. Donations will be subject to applicable tax laws.
The availability of Catastrophic Leave shall not delay or prevent the
City from taking action to medically separate or disability retire an employee.
J. Catastrophic Leave due to illness or injury of an immediate family
member may require medical justification as evidenced by a Physician's
Statement that the presence of the employee is necessary.
K. Catastrophic Leave due to illness or injury of the employee will
require medical justification as evidenced by a Physician's Statement as to the
employee's ability to perform normal duties.
ARTICLE 45. FAMILY LEAVE (FMLA/CFRA)
Family Leave (FMLA/CFRA) request procedures are established by City
Manager Administrative Directive, Section 200-21 and are incorporated herein by
reference, and shall govern.
ARTICLE 46. ON-THE-JOB INJURY
Sworn employees who are disabled by injury or illness arising out of and in the
course of their duties as public safety employees of the City shall be entitled to
the benefits of California Labor Code, Section 4850, as the Section now exists or
is hereinafter amended. Any payment made pursuant to this section shall not be
charged as sick leave; sick leave and vacation benefits shall accrue during the
period of disability pursuant to the provisions of California Labor Code, Section
4850.
ARTICLE 47. OFF -THE -JOB INJURY
An employee injured outside of his/her service with the City shall be
compensated through the disability insurance plan provided by the City.
ARTICLE 48. PERSONNEL RULES AND REGULATIONS
Section 1. The Personnel Rules and Regulations are incorporated herein by
reference, and shall govern. If there is a conflict between the Personnel Rules
and Regulations and a specific provision of this MOU, the MOU provision shall
be applied.
Section 2. The Association and the Union agree that all City Council Policies
and City Manager Administrative Directives are incorporated herein by reference,
and shall continue to govern.
ARTICLE 49. PROBATIONARY PERIODS
Section 1. Appointment Following Probation Period — Regular full-time
appointment is granted as follows:
A. The original appointment and promotional appointment of
14'7
employees shall be tentative and subject to a probationary period of twelve (12)
months of service.
B. When unusual circumstances merit the extension of the
probationary period, the Chief of Police shall request in writing for the approval of
City Manager. Said extension shall not exceed one hundred eighty (180)
calendar days. Human Resources shall notify the Chief of Police and the
probationer concerned no less than two weeks prior to the termination of any
probationary period.
C. If the service of a probationary employee has been satisfactory, the
Chief of Police shall file with Human Resources a statement in writing that the
retention of the employee is desired. No actions changing an employee's status
from probationary to regular full-time shall be made or become effective until
approved by the City Manager.
Section 2. Objective of Probationary Period — The probationary period shall be
regarded as a part of the testing process and shall be utilized for closely
observing the employee's work, for securing the most effective adjustment of a
new employee to his/her position, and for rejecting any probationary employee
whose performance does not meet the required standards of the Department.
Section 3. Employee Performance Appraisal — Appraisal are conducted as
follows:
A. Each probationary employee shall have his/her performance
evaluated at the end of each three (3) months of service or at more frequent
intervals when deemed necessary by the Chief of Police. Permanent employees
shall have their performance evaluated annually or at more frequent intervals
when deemed necessary by the Chief of Police. Such evaluation shall be
reported in writing and in the form approved by Human Resources.
B. The written appraisal report of an employee's performance
evaluation shall be filed in triplicates, the original to be filed with Human
Resources and made a part of the employee's personnel records, one copy to be
retained by the Department, and one copy to be given to the employee.
Section 4. Rejection of Probationary Employee — A probationary employee
can be rejected as follows:
A. During the probationary period an employee may be suspended,
demoted, or rejected anytime by the Chief of Police, with the approval of the City
Manager, without cause and without right of appeal, except the right of appeal of
punitive actions as may be provided by law. Notification of rejection in writing
shall be served on the probationary employee and a copy with Human
Resources. A termination interview may be conducted with each rejected
probationer.
30
B. An exception will be applied where the probationary employee's job
termination or dismissal is based on charges of misconduct which stigmatizes
his/her reputation or seriously impairs his/her opportunity to earn a living, or
which might seriously damage his standing and association in this community.
Where there is such a deprivation of a "liberty interest," the employee shall be
given pre -disciplinary procedural due process as defined in the City of Seal Bach
Personnel Rules and Regulations and this Memorandum of Understanding. Prior
to the disciplinary action becoming final, the employee must be notified of his
right to the appeal procedure.
ARTICLE 50. LAYOFF PROCEDURES
The policy for layoff procedures in the City of Seal Beach's Rules and
Regulations are incorporated herein by reference, and shall continue to govern.
ARTICLE 51. MOU REOPENERS
Section 1. The parties shall reopen any provision of this MOU for the purpose
of complying with any final order of a Federal or State Agency or Court of
competent jurisdiction requiring a modification or change in any provision or
provisions of this MOU, in order to comply with State or Federal laws.
ARTICLE 52.
This article was intentionally left blank and has been reserved for future use.
ARTICLE 53. NO STRIKE - NO LOCKOUT
Section 1. The Association, its officers, agents, representatives and/or
members agree that during the term of this MOU they will not cause or condone
any strike, walkout, slowdown, sickout, or any other job action by withholding or
refusing to perform services.
Section 2. The City agrees that it shall not lockout its employees during the
term of this MOU. The term "lockout" is hereby defined so as not to include the
discharge, suspension termination, layoff, failure to recall or failure to return to
work of employees of the City in the exercise of its rights as set forth in any of the
provisions of this MOU or applicable ordinance or law.
Section 3. Any employee who participates in any conduct prohibited in Section
1 above may be subject to disciplinary action up to and including discharge.
Section 4. In the event that any one or more officers, agents, representatives
or members of the Association engage in any of the conduct prohibited in Section
1 above, the Association shall immediately instruct any persons engaging in such
conduct that they must immediately cease engaging in conduct prohibited in
Section 1 above and return to work.
31
ARTICLE 54. EMERGENCY WAIVER PROVISION
Section 1. In the event of circumstances beyond the control of the City, such
as acts of God, fire, flood, insurrection, civil disorder, national emergency or
similar circumstances if the City Manager or his/her designee so declares, any
provisions of this MOU or the Personnel Rules or Resolutions of the City, which
restrict the City's ability to respond to these emergencies, shall be suspended for
the duration of such emergency. After the emergency is declared over, the
Association shall have the right to meet and confer with the City regarding the
impact on employees of the suspension of these provisions in the MOU and any
personnel rules and policies.
ARTICLE 55. SEPARABILITY PROVISION
Should any provision of this MOU be found to be inoperative, void, or invalid by a
court of competent jurisdiction, all other provisions of this MOU shall remain in
full force and effect.
ARTICLE 56. SAVINGS CLAUSE
Section 1. Both parties declare that the sections, paragraphs, sentences,
clauses and phrases of this Memorandum of Understanding are severable, and if
any phrase, clause, sentence, paragraph or section of the Memorandum of
Understanding hereby adopted shall be declared unconstitutional or otherwise
invalid by the judgment or decree of a court of competent jurisdiction, such
unconstitutionality or invalidity shall not affect any of the remaining phrases,
clauses, sentences, paragraphs and sections of this Memorandum of
Understanding.
ARTICLE 57. RATIFICATION
This Memorandum of Understanding is subject to approval and adoption by the
City Council and ratification by the required number of duly authorized
representatives of the Association. Following such ratification, approval and
adoption, the Memorandum of Understanding shall be implemented by the
appropriate resolution(s), ordinance(s), or other written action of the City Council.
32
For the CITY OF SEAL BEACH:
Date:
Jill R. Ingram, City Manager
For the SEAL BEACH POLICE
MANAGEMENT ASSOCIATION:
Date-
Lieutenant,
ate:
Lieutenant, Nicholas Nicholas, , PMA
President
Patrick Gallegos, Assistant City Manager
Sgt. Chris Hendrix, PMA Vice President
33
EXHIBIT A
SEAL BEACH POLICE PHYSICAL FITNESS PROGRAM
INTRODUCTION
The physical fitness program is a voluntary program for all sworn officers.
Officers work out on their off duty time and may, depending upon availability of
funds and staffing needs, in return receive compensation back to them after
meeting the minimum requirements of the tests at the end of each six (6) month
period. Officers may receive up to twenty (20) hours of vacation time by meeting
the requirements of the test at the end of each six (6) month period. The
maximum time each officer will be able to achieve is up to forty (40) vacation
hours earned annually for as long as the officer continues successfully in the
program.
ENROLLMENT
To start the program, each officer must contact the Physical Fitness Committee
and advise them of your intent. You will need to have a doctor's release to allow
you to participate in the program. A copy of the physical requirements of the
physical fitness program should be reviewed by your doctor when obtaining your
release. For details of the annual physical exam refer to Article 32 of the
S.B.P.M.A. M.O.U.
TESTING
Each officer participating will be tested every six months, specifically in the
months of January and July. A minimum level has been established for each test.
Participants will have to move up a category or reach maintenance level
indicated on each test by age group. At one (1) year and six (6) months,
participants will be required to be at the maintenance level. Once the
maintenance level has been attained, participants will have to maintain that level
on subsequent tests. Testing each six (6) month period will validate the awarding
of vacation time. Testing may be conducted during on -duty hours at the Watch
Commanders discretion. The Physical Fitness Committee will perform the
testing.
ALLOCATION OF HOURS
Employees will be awarded four hours for successfully completing each test as
set forth in TESTING above. No employee shall receive any hours if they fail to
meet the minimum standards for at least three of the five tests.
34
PHYSICAL FITNESS COMMITTEE
The Physical Fitness Committee shall be comprised of four (4) members - two (2)
to be appointed by the SBPOA Board of Directors, and two (2) to be appointed
by the Chief of Police. The Physical Fitness Committee is established to retain
administrative control over the program. All committee members shall be active
participants in the program. The committee will be responsible for examining
problems and disputes that arise from the administration of the program. The
committee will be the formal arbitrators on these matters.
VALIDATED MEDICAL PROBLEM CLAUSE
Those officers who for validated medical reasons cannot participate in the fitness
program as designed may contact the Physical Fitness Committee for program
modification. Validated medical problems are those diagnosed by a physician as
limiting participation in a certain activity.
REQUIRED TEST
The physical fitness needs of Police Officers fall into three areas:
• Cardio Fitness
• Strength
• Flexibility
The tests outlined below may be modified by the Physical Fitness Committee as
necessary.
The tests used in this program to evaluate fitness in these areas will be:
Cardio fitness 1.5 Mile run
Strength Push-ups Sit-ups Pull-ups
Flexibility Forward Stretch
MEDICAL COVERAGE
Participation in the program will be on a voluntary basis.
Any exercise workouts done under this program, i.e. weight lifting, contact sports,
running, etc. would not be covered for benefits under Workers Compensation,
The city will not provide blanket coverage for any injury which could conceivably
be claimed under the pretext of participation in the Physical Fitness Program.
All employees must receive clearance from their personal physician prior to
beginning program participation.
35
CARDIO FITNESS TESTS - 1.5 Mile Run
Officers will run a one point five (1.5) mile course established by the Training
Unit. The time needed to cover the distance is recorded and compared to the
standards on the chart.
This test is an excellent indication of the condition of the heart and lungs as it
measures ones aerobic capacity or the ability of the heart and lungs to utilize
oxygen.
Under 30 Below
30-34 Below 35-39 Below
Excellent
10:15
11:00
11:30
Good
10:16-12:00
11:01-12:30
11:31-13:00
Fair
12:01-14:30
12:31-15:00
13:01-15:30
Poor
14:31-16:30
15:01-17:00
15:31-17:30
Very Poor
16:31 -Above
17:01 -Above
17:31 -Above
Maintenance Level
11:00
12:00
12:30
Minimum Level
14:30
15:15
15:30
40-44 Below
40-49 Below
50 + Below
Excellent
12:00
12:15
12:30
Good
12:01-13:30
12:16-13:45
12:31-14:30
Fair
13:31-16:00
13:46-16:15
14:31-17:00
Poor
16:01-18:00
16:16-18:15
17:01-19:00
Very Poor
18:01 -Above
18:16 -Above
19:01 -Above
Maintenance Level
13:00
13:30
14:00
Minimum Level
15:45
16:00
16:45
STRENGTH TESTS
The body is maintained in a prone position supported by straight arms on the
hands and toes. A partner places his fist on the ground below the officer's chest.
The officer must keep his back straight at all times and from the up position,
lower him/herself to the floor until his chest touches his partner's hand and then
push to the up position again. The officer can rest in the up position. The total
number of correct push-ups are recorded and compared to the standards on the
chart.
This test measures muscle endurance and a low level of muscle endurance
indicates an inefficiency in movement and a poor capacity to perform work. This
test measures mainly the muscles of both the chest and upper arm which are
important in physical confrontations such as pushing, pulling, controlling, and
handcuffing.
36
Under 30
30-39
40-49
50 +
Excellent
43-
37-
30-
25+
Good
28-42
23-36
20-29
17-24
Fair
20-27
17-22
15-19
12-16
Poor
5-19
3-16
2-14
2-11
Very Poor
4 -Below
2 -Below
2 -Below
1 -Below
Maintenance Level
40
35
25
18
Minimum Level
18
15
13
11
PULL-UPS
Officer will hold bar with the palms away from the body. Arms are extended out
straight in the beginning position with the feet off the ground. Officer must pull his
body up to a position where his chin is above the bar for one repetition; the total
number of correct pull-ups are recorded and compared to the standards on the
chart.
In lieu of pull-ups, officers may choose to do the "La Pull". Officers are required
to pull down seventy percent (70%) of their body weight ten (10) times in order to
achieve maintenance level.
Under 30
30-39
40-49
50+
Excellent
9 & Above
7 & Above
6 & Above
5 & Above
Good
8
6
5
4
Fair
6-7
4-5
3-4
2-3
Poor
5
3
2
1
Very Poor
4 & Above
2 & Above
1 & Above
0
Maintenance Level
8
6
5
4
Minimum Level
5
3
2
1
SIT-UPS
Officer starts by lying on his/her back, knees bent heels flat on the floor and arms
folded across the chest. A partner holds the feet down. In the up position, the
officer will touch his elbows to his knees and then return to the starting position,
not placing their shoulder blades on the ground before starting the next sit-up.
This is a continuous exercise, no resting. The total number of correct sit-ups are
recorded and compared to the standards on the chart.
This test measures muscular endurance in the abdominal muscle group, an area
of great concern to the sedentary individual. Much evidence exists of the
correlation between poor abdominal muscle development, excessive fat tissue
and lower back problems.
37
*1 CONTINUOUS MINUTE *
Under 30
30-39
40-49
50+
Excellent
51 & Above
45 & Above
40 & Above
36 & Above
Good
40-50
34-44
27-39
23-39
Fair
35-39
29-33
20-26
16-22
Poor
24-34
18-28
7-19
6-15
Very Poor
23-
17-
6-
5 -
Maintenance Level
45
40
35
30
Minimum Level
30
25
20
15
FLEXIBILITY
Officer sits on the ground with his legs out straight in front of him. Heels of feet
are placed against a 4 X 4 or similar object. Officer bends forward and reaches
towards his toes with his fingertips as far as he can. The distance above or below
his heels is measured. The distance is recorded as plus or minus inches. Plus
inches is below the heels and negative is above the heels. Compare the results
against the standards on the chart.
Under 30 30-39
40-49
50 +
Excellent
+10" & Below
+9" & Below
+8" & Below
+7" & Below
Good
+4" to 9.5"
+ 3.5" to 8.5"
+1" to 7.5"
0 to +6.5"
Fair
+1.5" to 3.5"
+1" to 3"
-2" to +.5"
-3" to -.5"
Poor
-4.5" to +1"
-6.5" to +.5"
-9" & Above
-10" to 3.5"
Very Poor
-5" & Above
-7" & Above
-9.5 & Above
-10.5"& Above
Maintenance Level
+5"
+4"
+1"
0"
Minimum Level
0"
-2"
-4"
-5"
SEAL BEACH POLICE OFFICERS
ASSOCIATION
MEMORANDUM OF UNDERSTANDING
6�.
tr+cottrnnnr�o
t -
Resolution 7180 - Exhibit B
ADOPTED: July 1, 2020
EXPIRES: June 30,2023
SEAL BEACH POLICE OFFICERS ASSOCIATION
TABLE OF CONTENTS
ARTICLE I - RECOGNITION.................................................................................1
Section1...................................................................................................1
Section2...................................................................................................1
Section3...................................................................................................1
ARTICLE II - EMPLOYEE ORGANIZATIONAL DUES AND OTHER
DEDUCTIONS............................................................................................1
Section 1. Dues and Benefit Deductions....................................................1
Section 2. Other Deductions......................................................................2
ARTICLE III - CITY RIGHTS..................................................................................2
Section1...................................................................................................2
Section2...................................................................................................3
ARTICLE IV - NON-DISCRIMINATION...............................................................3
Section1...................................................................................................3
Section2...................................................................................................3
ARTICLE V - COMPENSATION PLAN................................................................3
Section 1. Basic Compensation Plan........................................................3
Section 2. Advancement within Salary Grades.........................................4
Section 3. Salary Increases Following Promotion.....................................4
Section 4. Salary Decreases Following Demotion....................................5
Section 5. Adjustments of Salary Grades.................................................5
Section 6. Salary and Benefits on Suspension..........................................5
Section 7. Salaries during Term of Memorandum of Understanding ........5
ARTICLE VI - SPECIAL PAY PROVISIONS........................................................6
Section 1.
Uniform Allowance and Safety Equipment................................6
Section 2.
Temporary Assignment Pay.....................................................6
Section3.
Court Time...............................................................................7
Section4.
Call-back...................................................................................8
Section 5.
Training Programs.....................................................................8
Section 6.
Educational Incentive Pay........................................................8
Section 7.
Stand-by Pay.............................................................................9
Section 8.
Experience Pay.......................................................................10
Section 9.
Movie Detail............................................................................11
Section 10.
Bilingual Compensation........................................................11
ARTICLE VII - FRINGE BENEFIT ADMINISTRATION......................................11
Section 1. Administration........................................................................11
Section 2. Selection and Funding...........................................................12
Section3. Limits......................................................................................12
Section4. Changes..................................................................................12
ARTICLE VIII - HEALTH CARE COVERAGE AND, LIFE AND DISABILITY
INSURANCE.............................................................................................12
Section 1. Health Care Coverage............................................................12
Section 2. Health Insurance Plan for Retirees.........................................13
Section 3. Life Insurance Plan.................................................................14
Section 4. Disability Insurance Plan.........................................................14
Section 5. Annual Physical.......................................................................14
ARTICLE IX - RETIREMENT...............................................................................15
ARTICLE X - HOURS OF WORK........................................................................15
Section 1. Work Period............................................................................15
Section 2. Three -Twelve Work Schedule.................................................16
ARTICLE XI - OVERTIME COMPENSATION.....................................................16
Section 1. Overtime Defined....................................................................16
Section 2. Compensation for Overtime....................................................16
Section 3. Compensatory Time................................................................16
Section 4. Overtime Reporting.................................................................17
ARTICLE XII - HOLIDAYS...................................................................................17
Section1.................................................................................................17
Section2...................................................................................................17
Section3...................................................................................................18
Section4...................................................................................................19
ARTICLE XIII - VACATION..................................................................................19
Section 1. Eligibility..................................................................................19
Section2. Accrual....................................................................................19
Section 3. Maximum Accrual....................................................................20
Section 4. Use of Vacation.......................................................................21
Section 5. Vacation Payment at Termination...........................................21
Section 6. Vacation Accrual During Leave of Absence ............................21
Section 7. Prohibition Against Working for City During Vacation .............21
ARTICLE XIV - LEAVES OF ABSENCE..............................................................21
Section 1.
Authorized Leave of Absence Without Pay .............................21
Section 2.
Bereavement Leave................................................................22
Section 3.
Military Leave of Absence.......................................................22
Section 4.
(Intentionally Left Blank - RESERVED)....................................22
Section 5.
Unauthorized Absence............................................................23
Section 6.
Catastrophic Leave.................................................................23
ARTICLE XV - JURY DUTY.................................................................................24
Section 1. Compensation for Jury Duty....................................................24
ARTICLE XVI - SICK LEAVE...............................................................................24
Section 1.
General Sick Leave Provisions...............................................24
Section 2.
Eligibility..................................................................................25
Section3.
Accrual....................................................................................25
Section 4.
Accumulation and Payment....................................................25
Section 5.
Sick Leave During Vacation....................................................26
Section 6.
Extended Sick Leave..............................................................26
Section 7.
Family Leave...........................................................................26
Section 8.
On The Job Injury ....................................................................27
Section 9.
Off The Job Injury ....................................................................27
ARTICLE XVII - PROBATIONARY PERIODS...................................................27
Section 1. Appointment Following Probation Period................................27
Section 2. Objective of Probationary Period............................................28
Section 3. Employee Performance Appraisal...........................................28
Section 4. Rejection of Probationary Employee.......................................28
ARTICLE XVIII - LAYOFF PROCEDURES.......................................................29
Section1. Policy........................................................................................29
ARTICLE XIX - MISCELLANEOUS PROVISIONS..............................................29
Section 1. Tuition Reimbursement...........................................................29
Section 2. Physical Fitness Program.......................................................30
ARTICLE XX - ENTIRE MEMORANDUM OF UNDERSTANDING ...................30
Section1.................................................................................................30
Section2.................................................................................................30
Section3.................................................................................................31
ARTICLE XXI - CONCERTED REFUSAL TO WORK.......................................31
Section 1. Prohibited Conduct..................................................................31
Section 2. Association Responsibility.......................................................31
ARTICLE XXII - EMERGENCY WAIVER PROVISION.....................................31
Section1..................................................................................31
ARTICLE XXIII - SEPARABILITY......................................................................32
Section1..................................................................................32
ARTICLE XXIV - PERSONNEL RULES AND REGULATIONS .........................32
Section1..................................................................................32
ARTICLE XXV - MOU REOPENERS................................................................32
Section1..................................................................................32
ARTICLE XXVI - TERM OF MEMORANDUM OF UNDERSTANDING.............32
Section1.................................................................................................32
Section2...................................................................................................32
ARTICLE XXVII - RATIFICATION.....................................................................33
Section1..................................................................................33
EXHIBITA............................................................................................................34
DI
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
CITY OF SEAL BEACH
AND THE
SEAL BEACH POLICE OFFICERS ASSOCIATION
ARTICLE I - RECOGNITION
Section 1. Pursuant to the provisions of the Employer -Employee Relations
Ordinance No. 769, as amended, the City of Seal Beach (hereinafter called the
"City" and/or "Employer" interchangeably) has recognized, for the purpose of this
Memorandum of Understanding (MOU), the Seal Beach Police Officers Association
("SBPOK and/or "Association" interchangeably) as the majority representative of
the employees in the bargaining unit, which includes Police Department full-time
employees in the classifications and assignments of: a) Police Officer and b) Police
Corporal.
Section 2. The City recognizes the Association as the representative of the
employees in the classifications and assignments set forth in Section 1. above for
the purpose of meeting its obligations under this Memorandum of Understanding,
the Meyers-Milias-Brown Act, Government Code Section 3500 et seq., when City
Rules, Regulations, or laws affecting wages, hours, and/or other terms and
conditions of employment are amended or changed.
Section 3. The City agrees that the representatives of Association, not to exceed
six (6) in number, shall be entitled to meet and confer with Management during said
representatives' normal working hours without suffering any loss in pay while
absent from their duties for such purpose, providing that such time per person shall
not be unreasonable. The City also agrees that such representatives may utilize
not more than six (6) hours per month or seventy-two (72) hours per year without
suffering any loss in pay for such absence for the purpose of meeting with
employees who are represented by the Association and/or other officers of
Association.
ARTICLE II - EMPLOYEE ORGANIZATIONAL DUES AND OTHER
DEDUCTIONS
Section 1. - Dues and Benefit Deductions
A. The City will provide voluntary payroll deductions for all employees
represented by the Association for regular and periodic dues and benefit program
premiums as specified by agreement between the City and the Association and
signed by the member. The Authorization Form content shall be mutually agreed to
by the Association and the City.
B. The City shall remit such funds to the Association within twenty-one
(21) calendar days following the deductions.
C. With regard to deductions under this Section 1, the Association
agrees to hold the City harmless and indemnify the City against any claims, causes
of actions, or lawsuits arising out of the deductions or transmittal of such funds to
the Association, except the intentional failure of the City to transmit to the
Association monies deducted from the employees pursuant to this Section.
Section 2. Other Deductions
The City shall make payroll deductions for purposes of an employee
depositing funds or making payments directly to a Federal Credit Union, providing
that any deductions shall not be less than two dollars ($2.00) on a bi-weekly basis.
ARTICLE III - CITY RIGHTS
Section 1. The City reserves, retains, and is vested with, solely and exclusively,
all rights of Management which have not been expressly abridged by specific
provisions of this MOU or by law in the exercise of its rights to manage the
business of the City, as such rights existed prior to the execution of this MOU. The
sole and exclusive rights of management, not abridged by this MOU or by law, shall
include, but not be limited to, the following rights:
A. To determine the nature, manner, means, technology, and extent of
services and activities to be provided to the public.
B. To determine and/or change the facilities, methods, technology,
means and size of the work force by which the City operations are to be conducted.
C. To determine and change the number of locations, and types of
operations, processes and materials to be used in carrying out all City functions
including, but not limited to, the right to contract for or subcontract for any work or
operation.
D. To assign work to and schedule employees in accordance with
requirements as determined by the City, and to establish and change work
schedules and assignments.
E. To establish and modify employee performance standards and
productivity and performance programs including, but not limited to, quality and
quantity standards, and to require compliance therewith.
F. To establish and promulgate and/or modify rules and regulations to
maintain order, safety, and efficiency in the City, its facilities and operations.
G. To determine policies, procedures and standards for the selection,
training and promotion of employees.
K
H. To discharge, suspend, demote or otherwise discipline employees for
proper cause in accordance with the provisions and procedures set forth in
departmental disciplinary procedure.
Section 2. Where the City is required to make changes in its operations because
of the requirements of law, or whenever the contemplated exercise of City Rights
shall impact the wages, hours, and other terms and conditions of employment of
the bargaining unit, the City agrees to meet and confer in good faith with
representatives of the Association regarding the impact of the contemplated
exercise of such rights prior to exercising such rights, unless the matter of the
exercise of such rights is provided for in this MOU.
ARTICLE IV - NON-DISCRIMINATION
Section 1. The City and the Association agree that they shall not discriminate
against any employee because of race, color, sex, age, national origin, political or
religious opinions or affiliations or sexual orientation. The City and the Association
shall reopen any provision of this MOU for the purpose of complying with any final
order of the federal or state agency or court of competent jurisdiction requiring a
modification or change in any provision or provisions of this MOU in compliance
with state or federal anti -discrimination laws.
Section 2. Whenever the masculine gender is used in this MOU, it shall be
understood to include the feminine gender.
ARTICLE V - COMPENSATION PLAN
Section 1. Basic Compensation Plan
A. All employees covered by this MOU shall be included under the Basic
Compensation Plan. Every classification under this Plan shall be assigned a
monthly base salary grade adopted by the City Council. The salary schedule shall
consist of five (5) steps within each grade.
B. The first step is a minimum rate and is normally the hiring rate for the
classification. An employee may be assigned, upon appointment, to other than the
normal entering salary step within the assigned grade upon the recommendation of
the Chief of Police and the approval of the City Manager when it is decided that
such action is in the best interest of the City.
C. The second step, B step, is a merit adjustment which may be given at
the end of six (6) months of employment subject to the recommendation of the
Police Chief and approval of the City Manager.
D. The third, fourth, and fifth steps are merit adjustments to encourage
an employee to improve his work and to recognize increased skill on the job.
Employees are normally eligible for these adjustments at any time after the
9
completion of one (1) year of service at the preceding step. Each adjustment may
be made subject to the recommendation of the Chief of Police and approval of the
City Manager.
Section 2. Advancement within Salary Grades
A. In order to properly compensate an employee, advancement in base
salary shall be based on merit.
B. Advancement in salary shall not be automatic, but shall depend upon
increased service value of the employee to the City.
C. The Chief of Police and/or the employees' immediate supervisor shall
be responsible to evaluate employees fairly in an unbiased fashion for the
determination of job performance. Advancement shall be made only upon
recommendation of the Chief of Police with approval of the City Manager.
D. An employee must be reviewed at least once every twelve (12)
months from the effective date of his last performance step increase, special
performance advancement or promotion. Nothing contained herein shall restrict the
Chief of Police from denying the increase after evaluation, nor shall it prevent him
from recommending special performance advancement in salary at any time when
unusual or outstanding achievement has been demonstrated.
E. It shall be the responsibility of each supervisor to establish realistic
achievement levels for each step increase within a base salary grade.
Achievement levels may be formal or informal and shall be reviewed by the Chief of
Police for the purpose of maintaining uniformity of standards throughout the
department.
Section 3. Salary Increases Following Promotion
A. Promotional Appointment - When an employee is promoted to a
position with a higher base salary grade, the employee shall be compensated at a
step of the salary grade assigned to the new position that is closest to providing a
five percent (5%) salary increase over the monthly base salary received
immediately prior to promotion.
B. Temporary Appointment - In special circumstances, when in the best
interest of the City, the City Manager may approve a temporary assignment of an
employee to a higher-level classification. In such temporary assignments lasting
thirty (30) consecutive calendar days or more, the employee shall be compensated
at a step of the monthly base salary grade assigned to the new position that is
closest to providing a five percent (5%) salary increase over the monthly base
salary received immediately prior to the temporary appointment.
E
Section 4. Salary Decreases Followina Demotion
In the case of a demotion of any employee represented by the Association
to a classification with a lower maximum salary, such employee shall be assigned
to the appropriate salary step in the new classification as recommended by the
Chief of Police and approved by the City Manager. The employee shall retain his
previous anniversary date.
Section 5. Adjustments of Salary Grades
When a salary grade for a given classification is revised upward or
downward, the incumbents of positions and classifications affected shall have their
existing monthly base salary adjusted to the same relative step in the new salary
grade and their anniversary date shall not be changed.
Section 6. Salary and Benefits on Suspension
During suspension from the City service for disciplinary cause, an employee
shall forfeit all rights, privileges and salary, except he shall not forfeit his health
plans including dental, disability insurance, or life insurance. Should such
suspension be later modified or revoked, the employee shall be entitled to receive
payment for loss of income and benefits for any portion of the suspension that is
disapproved.
Section 7. Salaries during Term of Memorandum of Understanding
The following salary grade increases shall be provided to employees
represented by the Association. The salary grade increases shall be effective
during the first full pay period in July of the following indicated years.
1) Effective the first full pay period in July 2020:
Position Grade Increase
Police Officer 27 2%
Police Corporal 29 2%
2) Effective the first full pay period in July 2021:
Position Grade Increase
Police Officer 27 3%
Police Corporal 29 3%
3) Effective the first full pay period in July 2022:
Pncifinn CirndP InrrPacP
Police Officer 27 3%
Police Corporal 29 3%
5
ARTICLE VI - SPECIAL PAY PROVISIONS
Section 1. Uniform Allowance and Safety Equipment
A. An employee, whether or not said employee wears a traditional
uniform, shall receive an annual uniform allowance of one thousand three hundred
dollars ($1,300) effective the first payroll period following July 1st of each fiscal
year. An officer assigned as a motor officer shall receive an additional annual
uniform allowance of two hundred forty dollars ($240) effective the first payroll
period following July 1 st of each fiscal year.
B. The City shall provide the initial issue of uniforms to include two (2)
pants and two (2) shirts and utility equipment to include weapon, safety helmet,
baton, and other safety equipment as required by law or deemed necessary by the
City. The City shall replace and/or repair any equipment damaged within the
course and scope of the employee's employment. Recurring maintenance, repair
and/or replacement due to normal wear shall be the responsibility of the employee.
C. An employee assigned as a motor officer shall receive an initial issue
of required uniform items incident to such duty. Such items include, but are not
limited to: jacket, boots, gloves, and two (2) pair of trousers.
Section 2. Temporary Assignment Pay
A. Field Training Officer (Regular Police Officer Trainees) - Each Officer
performing duties of a Field Training Officer for Regular Police Officer Trainees
shall receive one-hour compensation at straight time either as pay at employee
base hourly rate of pay or compensatory time off for each shift of recruit training. A
shift shall be understood to be six (6) or more hours.
B. Field Training Officer (Voluntary Reserve Officers) - Each eligible
employee performing the duties of a Field Training Officer for Voluntary Reserve
Officers shall receive one (1) hour compensation at straight time either as pay at
employee base hourly rate of pay or compensatory time off for each shift of recruit
training. A shift shall be understood to be six (6) or more hours.
C. Orange County Regional Lab Team — An officer assigned as an on-
call investigator in any specialty for the Orange County Regional Lab Team for the
purpose of responding to clandestine drug laboratories shall receive four (4) hours
compensation at (straight time) as either pay at employee base hourly rate of pay
or compensatory time off per month for being subject to callout.
D. The City shall provide a special assignment pay enhancement, which
recognizes multiple tours of duty to a maximum of five percent (5%) of base
salary as follows with the express understanding that the standard departmental
rotational requirements shall apply:
1. Special assignment pay may only be paid for one (1) position
and cannot be combined with any other positions (i.e. a detective currently
assigned to the SWAT team will only receive a total of five percent (5%) of base
salary special assignment pay at any one time.
assignment.
assignments:
2. Special assignment pay lasts only through the term of the
3. The following list of assignments shall be considered special
a) Motorcycle Patrol Premium
b) Special Weapons and Tactics (SWAT)
c) Crisis Negotiator Team (CNT)
d) Detective Division Premium
e) Police Administrative Officer
f) Detention Services Premium
g) Rangemaster Premium
4Prtinn '� C:ni in Time
A. An employee called for a subpoenaed court appearance which arises
out of the course of his employment and not contiguous with his work shift shall be
compensated for a minimum of two -and -two-thirds (2-2/3) hours at the rate of one
and one-half (1-1/2) times the employee's base hourly rate of pay. Should the
appearance exceed two and two-thirds (2-2/3) hours, the employee shall receive
pay for the actual appearance time, excluding any court designated lunch period, at
the rate of one and one-half (1-1/2) times the employee's regular hourly rate of pay.
Court appearance time shall begin when the employee departs from the Police
station to go directly to Court.
B. Any appearance that is contiguous with a regular work shift is not
subject to the two and two-thirds (2-2/3) hours minimum. Any appearance that is
contiguous with a regular work shift is not subject to the one and one-half (1-1/2)
time rate unless the court appearance otherwise qualifies as overtime under this
MOU.
C. All employees agree to comply with the "on-call" policies
administered by the department. Should an officer be placed "on-call" during off
duty hours for court appearance(s), he shall be granted two (2) hours pay at the
employee's base hourly rate of pay for any on call time prior to twelve o'clock
(12:00) noon and two (2) hours for all "on-call" time after twelve o'clock (12:00)
noon.
7
Section 4. Call-back
A. Employees who are called back to duty after having completed a
normal shift or work day assignment and departed from the work premises shall be
paid one and one-half (1-1/2) times the employee's base hourly rate of pay for each
hour worked on call-back. The number of hours calculated at one and one-half (1-
1/2) times shall not be less than four hours. Should a call-back exceed four (4)
hours, the employee shall receive pay for the actual call-back time, at the rate of
one and one-half (1-1/2) times the employee's regular hourly rate of pay. Call-back
time shall commence from the time the employee is called back to service.
B. Employees who are off duty and respond for departmental training,
qualification or meetings shall be compensated a minimum of two and two-thirds (2-
2/3) hours per incident. This time shall be calculated at one and one-half (1-1/2)
times the employee's base hourly rate of pay. Should the incident exceed two and
two-thirds (2-2/3) hours, the employee shall receive pay for the actual incident time,
at the rate of one and one-half (1-1/2) times the employee's regular hourly rate of
pay.
Section 5. Training Programs
A. The City shall pay reasonable expenses incurred by employees
attending approved training programs. Expenses include registration fees and the
costs of purchasing required course materials, travel to and from the training
course, meals and lodging shall be reimbursed per the City's adopted Per Diem
policy.
B. When an employee is sent by the City to a training program which is
not a part of his regular work schedule, the employee shall receive eight (8) hours
pay for each full day of training and such eight (8) hours pay shall be credited
towards the computation of overtime.
Section 6. Educational Incentive Pav -
A. Employees covered by this section who have completed forty-five
(45) semester units of credit from an accredited college or university with at least
sixteen (16) units in the field of Police Science shall receive the following
compensation in addition to their monthly base salary:
Police Officer/Police Corporal $175/month
B. Employees covered by this section who have completed sixty (60)
semester units of credit from an accredited college or university with at least
nineteen (19) units in the field of Police Science or have attained a POST
Intermediate Certificate shall receive the following compensation in addition to their
monthly base salary:
Police Officer/Police Corporal $275/month
r�
C. Employees covered by this section who have completed a Bachelor's
Degree from an accredited college or university with at least twenty-two (22) units in
the field of Police Science or have attained a POST Advance Certificate shall
receive the following compensation in addition to their monthly base salary:
Police Officer/Police Corporal $375/month
D. The above payment compensation shall be based on achievements
over and above the job requirements established in the position classification plan
for each classification. Payment to employees shall be based on the highest
achievement level only; e.g., employees with an Associate's and Bachelor's degree
will receive compensation for the Bachelor's degree only.
E. Employees receiving Educational Incentive Pay shall not lose that
pay if they are promoted to a classification which requires the education for which
the employee is receiving the additional pay. If the minimum educational
requirements are lawfully changed during the term of the MOU, employees
receiving educational incentive pay will not be affected by such change and will not
suffer any loss of such incentive pay.
F. All payments under this Section are subject to verification and
approval by the City Manager.
G. Employees serving an original probationary period shall be ineligible
to receive educational incentive pay.
Section 7. Stand-by Pay
A. Detective Supervisor(s) may be assigned by the Chief of Police to
"stand-by" status.
B. Detective Supervisors who are specifically assigned to respond,
twenty-four (24) hours per day, to incidents shall receive eight (8) hours of
compensatory time off per month. During any such month where the employee is
so assigned for less than the entire month, the number of compensatory time off
hours shall be reduced in an amount reflecting the pro -rated monthly time during
which the employee was so assigned. Such compensatory time off hours shall be
maintained in an account separate from and in addition to compensatory time off
hours described in Article XI, Section 3. Any compensatory time off hours earned
in accord with this Section, and not utilized by July 31st of any year shall be
forfeited effective July 31 st of any year and not converted to cash.
C. Each affected employee who is assigned to the Detective Bureau and
who is on "stand-by" weekend duty shall be provided two (2) hours (at straight time)
of compensatory time off or pay at employee base hourly rate of pay per each
weekend day. "Weekend" is described as Saturday, Sunday or any holiday
preceding or following the weekend day, in the absence of any normally assigned
detective.
01
Section 8. Experience Pay
For Employees Hired On or Before June 30, 2010:
A. Qualified employees represented by the Association with a minimum
of ten (10) years of full time service as a sworn peace officer with a Municipal,
County or State Police agency meeting POST standards, or their equivalent, shall
be eligible to receive experience pay.
B. To qualify for experience pay, an employee must meet the minimum
years of service required and receive an overall satisfactory performance appraisal
signed by the Chief of Police, his designate or an individual acting in his capacity.
C. Experience Pay shall be as follows:
1. After ten (10) years of service, experience pay shall be paid at
a rate of five percent (5%) of the qualified employee's monthly base salary.
2. After twenty (20) years of service, experience pay shall be
paid at a rate of ten percent (10%) of the qualified employee's monthly base salary.
3. After twenty-five (25) years of City of Seal Beach sworn peace
officer service (only service with the City of Seal Beach shall apply), experience pay
shall be paid at a rate of fifteen percent (15%) of the qualified employee's monthly
base salary.
4. Experience pay is not cumulative. Thus, an employee will only
receive the highest level of experience pay for which the employee is qualified. For
example, an employee reaching twenty (20) years of qualifying service stops
receiving the five percent (5%) level of experience pay and begins receiving only
the ten percent (10%) level of experience pay. Such an employee does not receive
both the five percent (5%) level and the ten percent (10%) level, at the same time.
For Employees Hired On or After July 1, 2010:
A. Qualified employees represented by the Association with a minimum
of ten (10) years of full time service as a sworn peace officer with the City of Seal
Beach shall be eligible to receive experience pay.
B. To qualify for experience pay, an employee must meet the minimum
years of service required and receive an overall satisfactory performance appraisal
signed by the Chief of Police, his designate or an individual acting in his capacity.
C. Experience pay shall be as follows:
After ten (10) years of City of Seal Beach sworn peace officer
Tito]
service, experience pay shall be paid at a rate of five percent (5%) of the qualified
employee's monthly base salary.
2. After twenty (20) years of City of Seal Beach sworn peace
officer service, experience pay shall be paid at a rate of ten percent (10%) of the
qualified employee's monthly base salary.
3. After twenty-five (25) years of City of Seal Beach sworn peace
officer service, experience pay shall be paid at a rate of fifteen percent (15%) of the
qualified employee's monthly base salary.
4. Experience pay is not cumulative. Thus, an employee will only
receive the highest level of experience pay for which the employee is qualified. For
example, an employee reaching twenty (20) years of service as a sworn peace
officer with the City of Seal Beach, stops receiving the five percent (5%) level of
experience pay and begins receiving only the ten percent (10%) level of experience
pay. Such an employee does not receive both the five percent (5%) level and the
ten percent (10%) level, at the same time.
Section 9_ Movie Detail
Unit employees shall be paid seventy dollars ($70) per hour for outside
movie details. It is understood that time spent on movie details is brokered outside
work and is not considered time worked for the purpose of calculating City overtime
compensation.
Section 10. Bilingual Compensation
Upon the recommendation of the Chief of Police, the City Manager may
award a bilingual compensation bonus of fifty-two dollars and fifty cents ($52.50)
per payroll period to an officer utilized by the Department for his/her bilingual skills.
The City Manager shall require the taking of competency tests to certify the
employee as eligible for bilingual compensation based on the employee's
proficiency in speaking the language determined to be required. Such certification
shall be a condition precedent to qualifying for bilingual compensation.
ARTICLE VII - FRINGE BENEFIT ADMINISTRATION
Section 1. Administration
The City reserves the right to select the insurance carrier or administer any
fringe benefit programs that now exist or may exist in the future during the term of
this MOU unless otherwise specified within this MOU.
11
Section 2. Selection and Funding
In the administration of the fringe benefit programs, the City shall have the
right to select any insurance carrier or other method of providing coverage to fund
the benefits included under the terms of the MOU, provided that the benefits of the
employees and affected retirees shall be no less than those in existence as of
implementation of this MOU.
Section 3. Limits
A. City shall not pay premiums or accrue any fringe benefits afforded
with this MOU for any employee on unpaid leave status, for more than fourteen (14)
consecutive calendar days, unless specifically provided for within this MOU,
authorized by the City Manager or otherwise provided for by federal or state "Family
Leave Acts" and/or "Workers Compensation" requirements.
B. City shall not pay premiums or accrue any fringe benefits afforded
with this MOU for any employee who has been absent without authorization during
said month, suspended without pay, or who has terminated from City employment
unless specifically provided for within this MOU.
C. City shall not pay premiums or accrue any fringe benefits afforded
with this MOU for any employee when such premiums or fringe benefits are
provided to the employee through Workers Compensation and/or the Disability
Insurance Plan.
Section 4. Changes
If, during the term of this MOU, any changes of insurance carrier or method
of funding for any benefit provided hereunder is contemplated, the City shall notify
the Association prior to any change of insurance carrier or method of funding the
coverage.
ARTICLE VIII - HEALTH CARE COVERAGE AND, LIFE AND DISABILITY
INSURANCE
Section 1. Health Care Coveraae
A. "Health Care Coverage." The City shall contribute an equal amount
towards the cost of Health Care coverage under PEMHCA for both active
employees and retirees. The City's contribution toward coverage under PEMHCA
shall be the minimum contribution amount established by CalPERS on an annual
basis. Effective July 1, 2021 the City's contribution under PEMHCA shall be one
hundred forty three dollars ($143).
The City shall implement a full flex cafeteria plan for eligible employees in
accordance with the criteria provided to the employees during negotiations. For
employees participating in the City's full flex cafeteria plan, each employee shall
receive a monthly flex dollar allowance to be used for the purchase of benefits
under the full flex cafeteria plan. Beginning January 1, 2021 the monthly flex
dollar allowance shall be:
Calendar Year 2021
For single employees: $1,050
For employee +1 dependent: $1,454.41
For employee +2 or more dependents: $1,880.83
A portion of the flex dollar allowance ($143) is identified as the City's
contribution towards PEMHCA. The PEMHCA contribution will be subject to
change as the PEMHCA minimum contribution increases. Remaining flex dollars
will be used by employees to participate in the City's health plans.
B. Subject to Public Employees' Retirement System (PERS)
administration requirements, the City shall make available to eligible employees
participation in the group Health Care plans offered by PERS.
C. Employees who elect not to participate in the full flex cafeteria plan
may receive three -hundred and fifty dollars ($350) per month (upon showing proof
of health insurance coverage under an alternative plan). Employees that elected to
opt out of the full flex cafeteria plan prior to July 1, 2020 will be permitted to receive
one thousand fifty dollars ($1,050) per month (upon showing proof of health
insurance coverage under an alternative plan) until June 30,2022 and will thereafter
receive three -hundred and fifty dollars ($350). Election forms are available in
Human Resources.
Section 2. Health Insurance Plan for Retirees
A. The City shall provide to any retired employee (either service or
disability), who is hired after August 1, 1983 and on or before December 31, 2007,
and retires after December 31, 2009, and who has attained the age of fifty (50) the
following group health care insurance benefits:
1. If the employee has fifteen (15) or more years of full-time City
of Seal Beach service, the City shall pay for such retired employee at the rate of (a)
the average of the two (2) lowest cost health care plans offered by CalPERS, or (b)
the CalPERS Kaiser HMO, whichever is greater. When the retired employee
becomes Medicare eligible, the City's contribution will be capped at the rate of (a)
the average of the two (2) lowest cost Medicare supplement plans offered by
CalPERS, or (b) the CalPERS Kaiser HMO Medicare supplement plan, whichever
is greater.
2. If the employee has twenty (20) or more years of full-time City
of Seal Beach service, the City shall pay such retired employee and one
dependent, depending on the qualified dependent status, the group health care
insurance premium at the rate of (a) the average of the two (2) lowest cost health
care plans offered by CalPERS, or (b) the CalPERS Kaiser HMO, whichever is
iiK3
greater. When the retired employee becomes Medicare eligible, the City's
contribution will be capped at the rate of (a) the average of the two (2) lowest cost
Medicare supplement plans offered by CalPERS, or (b) the CalPERS Kaiser HMO
Medicare supplement plan, whichever is greater.
3. If the employee has twenty-five (25) or more years of full-time
City of Seal Beach service, the City shall pay such retired employee and
dependents, depending on the qualified dependent status, the group health care
insurance premium at the rate of (a) the average of the two (2) lowest cost health
care plans offered by CaIPERS, or (b) the CalPERS Kaiser HMO, whichever is
greater. When the retired employee becomes Medicare eligible, the City's
contribution will be capped at the rate of (a) the average of the two (2) lowest cost
Medicare supplement plans offered by CalPERS, or (b) the CalPERS Kaiser HMO
Medicare supplement plan, whichever is greater.
B. The City shall provide to any retired employee (either service or
disability) who is hired on or after January 1, 2008, and who has both fifteen (15) or
more years of full-time City of Seal Beach service and has attained the age of fifty
(50) the following group Healthcare insurance benefits:
The City shall contribute the minimum PEMHCA rate as determined by
CaIPERS.
Section 3. Life Insurance Plan
The City shall pay one hundred percent (100%) of the premium for a term
life insurance policy with a face value of seventy-five thousand dollars
$75,000), double indemnity accidental death benefit and a dependent death
benefit in the amount of one thousand dollars ($1,000) per dependent.
Section 4. Disability Insurance Plan
The City shall pay one hundred percent (100°/x) of the premium for the
"employee's" long-term disability insurance plan with an income continuation of not
less than sixty-six and two-thirds percent (66-2/3%) of the employee's monthly base
salary subject to caps and eligibility requirements as set forth within the policy of the
accepted carrier. Modifications to the plan shall be made only after the City has
met and consulted with the Association.
Section 5. Annual Physical
The City shall provide a physical exam periodically as indicated below for the
purpose of detecting heart trouble and cancer. The exam shall be given by a City
appointed physician who is acceptable to the Association. Cost of said physical
exam shall be borne by the City. The resulting diagnosis shall be submitted to the
City as well as the employee together with specifics of corrective treatment.
0
Physical Exam Schedule:
1. New Employee
2. Employee under 40
3. Employee 40 & over
ARTICLE IX - RETIREMENT
Second year following appointment
Alternate years
Every year
A. The City shall make contributions to the CalPERS plan known as
three percent (3%) at fifty (50) with those benefit options as provided for in the
contract between the City and CalPERS for employees defined by the Public
Employees' Pension Reform Act (PEPRA) as "classic members" (meaning those
persons who were members of CalPERS or a reciprocal California public pension
plan as of December 31, 2012).
B. New employees/members hired on or after January 1, 2013 as
defined by PEPRA will be hired at the retirement formula in accordance with
PEPRA and other legislation. New members entering membership for the first
time in a Police Safety classification shall be eligible for the two point seven percent
(2.7%) at fifty-seven (57) retirement formula for Local Safety members. The
employee contribution for new members shall be one-half the normal cost, as
determined by CalPERS. In no event shall the City make contributions to the
CalPERS plans for new members.
C. Modification(s) to the contract shall be made only after the City has
met and consulted with the Association and such modification(s) made a part of the
contract between the City and PERS consistent with the requirements of CalPERS.
ARTICLE X - HOURS OF WORK
.qarfinn 1 \A/nrk PPrind
A. The work period for law enforcement personnel (as defined by the
Fair Labor Standards Act) shall be three hundred thirty-six (336) contiguous hours
fourteen (14) consecutive days). All full-time law enforcement personnel shall be
regularly assigned one of the following work schedules:
1. "Three -Twelve" - three (3) consecutive three (3) day work
weeks consisting of three (3) twelve (12) hour and twenty (20) minute work days
followed by a four (4) day work week consisting of three (3) twelve (12) hour and
twenty (20) minute work days and one (1) twelve (12) hour work day.
2. "Four -Ten" - a work week consisting of ten (10) hours/day, four
(4) days/week.
3. "Five -Eight" - a work week consisting of eight (8) hours/day,
five (5) days/week.
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Section 2. Three -Twelve Work Schedule
A. The standard work week shall be thirty-seven (37) hours or forty-nine
(49) hours depending on the number of days worked in a work week pursuant to
A.1. above.
B. For PERS reporting purposes, the nine (9) hours worked over forty
(40) during the forty-nine (49) hour work week of the work period will be considered
regular straight time hours for the intention to report forty (40) hours of regular
hours during a work week.
ARTICLE XI - OVERTIME COMPENSATION
Section 1. Overtime Defined for Eliaible Law Enforcement Personnel
A. Three -Twelve Work Week: Time worked in excess of eighty-six (86)
hours in a FLSA work period as defined in Article X, Section 1. or time worked on
scheduled days off.
B. Four -Ten Work Week: Time worked in excess of eighty-six (86)
hours in a FLSA work period as defined in Article X, Section 1. or time worked on
scheduled days off.
C. Five -Eight Work Week: Time worked in excess of eighty-six (86)
hours in a FLSA work period as defined in Article X, Section 1. or time worked on
scheduled days off.
Section 2. Compensation for Overtime
A. Authorized non-FLSA overtime shall be compensated in pay or
compensatory time at the rate of one and one-half (1-1/2) times the base hourly
rate of pay.
B. In computing overtime for a work period, time absent from duty as a
result of use of sick leave, vacation, holiday or compensatory time off shall not be
considered as time deemed to have been worked.
Section 3. Compensatory Time
A. Employees may elect to receive compensatory time in lieu of pay for
overtime subject to B. and C. below.
B. Should an employee desire to take compensatory time off, he shall
file a written request with the Chief of Police who shall grant time off unless it
interferes with the normal operation staffing of the police department.
C. Employees shall be permitted to accumulate a maximum of seventy-
five (75) hours of compensatory time. An employee who has accumulated seventy -
five (75) hours of compensatory time will be reimbursed within the pay period
earned for any overtime in excess of seventy-five (75) hours maximum.
D. An employee may, upon written request submitted to and approved
by the City Manager, receive reimbursement for the requested number of hours of
accumulated compensatory time equal to or below the cap of seventy-five (75)
hours. Reimbursement shall occur with the next regular payroll following the pay
period in which the employee's written request has been approved by the City
Manager.
Section 4. Overtime Reporting
In order for an employee to earn compensation for overtime, he must
receive the supervisor's or the Chief of Police's approval. Overtime worked to meet
an emergency situation does not require advance approval, but shall be certified by
the Chief of Police before being credited to the employee's record.
ARTICLE XII - HOLIDAYS
Section 1. Recognized Holidays
The City will recognize the following designated holidays each fiscal year:
Independence Day
Labor Day
Veterans' Day
Thanksgiving Day
Christmas Eve
Christmas Day
New Year's Day
Martin Luther King Day
Presidents' Day
Memorial Day
Section 2. Floating Holidays
(July 4th)
(1st Monday in September)
(November 11)
(4th Thursday in November)
(December 24th)
(December 25th)
(January 1st)
(3rd Monday in January)
(3rd Monday in February)
(Last Monday in May)
The City will also recognize two (2) floating holidays each fiscal year. Each
unit employee shall be eligible to accrue up to a maximum of two (2) floating
holidays on July 1 st of each year, subject to the following limitations. The floating
holidays shall be taken, or may be cashed out, during the fiscal year (July 1st
through June 30th) in which they are accrued. An employee may not have more
than two (2) floating holidays on the books at any time. If an employee does not
use, or cash out, both of his/her floating holidays within the fiscal year in which
the employee accrued them, he/she will not earn two (2) additional floating
holidays in the next fiscal year. Instead, the employee will only earn that number
of floating holidays, on July 1st of each year that will bring the employee's
balance of floating holidays to two (2). Thus, if an employee uses, or cashes out,
only one (1) floating holiday during a fiscal year, that employee will only accrue
17
one (1) additional floating holiday on July 1st of the following fiscal year, bringing
the employee's floating holiday balance up to two (2) floating holidays. The
parties encourage employees in the unit to use their floating holidays. Since
floating holidays cannot be removed from an employee once earned, and the
parties do not want employees to have more floating holidays on the books than
would be received within the current fiscal year, a floating holiday(s) carried over
at the end of the fiscal year results in the employee being unable to earn that
holiday(s) in the next fiscal year.
The date on which a floating holiday will be used may be individually
selected by the employee subject to the approval of the Chief of Police. Approval
will not normally be granted if it would require the Department to backfill the
employee's position at time -and -one-half (1-1/2) to maintain necessary
staffing/deployment levels. A floating holiday cannot be used on any of the
designated holidays recognized by the City or on another floating holiday. To
request to use, or cash out, a floating holiday, an employee must submit a
completed "Request for leave/overtime and special pay report".
The past practice of the City in permitting the stacking of floating holidays
is specifically eliminated by the above language.
Section 3. Compensation for Holidays
A. Compensation for a Holiday when No Work is Performed on a
Holiday. When a holiday falls on a day that the employee performs no work
(whether the day is the employee's scheduled work day or not), the employee
shall be paid twelve and one third (12.33) hours of holiday pay for the holiday, at
the employee's regular hourly rate of pay.
B. Compensation for a Holiday when Work is Performed on a Holiday.
When a holiday falls on a day that the employee performs work (whether the day
is the employee's scheduled work day or not), the employee shall be paid as
follows:
1. If the holiday is Independence Day, Thanksgiving Day,
Christmas Day, or New Year's Day the employee shall be paid "hardship" pay as
follows:
a. Twelve and one third (12.33) hours of holiday pay for
the holiday, at the employee's regular hourly rate of pay per Section 3A, and
b. Pay for the number of hours of work the employee
actually performed on the holiday, at the rate of pay otherwise specified in this
MOU for such work hours, and
C. Pay for the number of hours of work the employee
actually performed on the holiday, at the employee's base hourly rate of pay.
Example 1: Officer A works six (6) hours on Christmas Day. Officer A
would earn pay computed as follows:
Hours Pay Rate
12.33 hours holiday pay regular hourly rate
6 hours work pay regular hourly rate or overtime hourly rate, as
applicable under MOU
6 hours hardship pay base hourly rate
2. If the holiday is not Independence Day, Thanksgiving Day,
Christmas Day, or New Year's Day the employee shall be paid:
a. Twelve and one third (12.33) hours of holiday pay for
the holiday, at the employee's regular hourly rate of pay as per Section 3A, and
b. Pay for the number of hours of work the employee
actually performed on the holiday, at the rate of pay otherwise specified in this
MOU for such work hours.
Example 2: Officer B works 8 hours on Veterans' Day. Officer B would
earn pay computed as follows:
Hours Pay Rate
12.33 hours holiday pay regular hourly rate
8 hours work pay regular hourly rate or overtime hourly rate, as
applicable under MOU
C. The past practice of the City paying hardship holiday pay to an
employee on a designated hardship holiday when in fact said employee did not
work on the designated hardship holiday is specifically eliminated by the above
language.
Section 4. Conversion of Hardship Pay to Time Off
An employee may choose to convert any hardship pay to time off or non-
FLSA compensatory time at the rate of one hour of hardship pay converting to
one hour of time off or to one hour of non-FLSA compensatory time.
ARTICLE XIII - VACATION
Section 1. Eligibility
All regular full-time employees having completed one (1) year of continuous
service with the department and annually thereafter, shall be eligible for a paid
vacation at their then existing rate of pay.
Section 2. Accrual
A. Vacation leave is accumulated yearly and is computed on the basis
of the employee's hire date as a regular full-time or probationary employee.
B. Years of service, for purpose of vacation accrual, shall be from the
date of initial employment as a full-time probationary or regular employee to the
anniversary date concluding the full year of the designated year.
C. All eligible unit employees hired after February 1, 1998 will accrue
vacation leave by the following schedule:
Years Of
Hours
Max. Hourly Accrual
Annual
Service
Earned
Rate/Pay Period Bi-WeeklV
Vacation Hours
0-5 Years
80
3.0769
80 hours
6-14
120
4.6153
120 hours
15-19
160
6.1538
160 hours
20+
200
7.6923
200 hours
D. An eligible employee hired on or before February 1, 1998 shall
accrue vacation leave by the following schedule:
Years Of
Hourly Accrual Rate
Service
Per Pay Period
0-5
4.615
6
4.923
7
5.231
8
5.486
9
5.539
10-19
6.154
20+
7.692
Section 3. Maximum Accrual
Annual
Accrual Rate
120 hours
128 hours
136 hours
144 hours
152 hours
160 hours
200 hours
A. An employee may accumulate unused vacation to a maximum of four
hundred (400) hours. If the needs of the service require that a sworn employee be
denied the use of accrued vacation time and such denial is anticipated to result in a
cessation of accrual, the employee may request that his maximum accrual be
increased to an amount not to exceed the amount accrued in the preceding thirty-
six (36) month period. Such request must be submitted to the Chief of Police prior
to a cessation of accrual and is subject to the approval of the Chief of Police and
City Manager.
B. The accrual of vacation shall cease when an employee's
accumulated vacation is at the maximum provided in this Section. Additional
vacation shall begin accruing when the employee's vacation balance falls below the
maximum.
C. An employee on Injury on Duty (IOD) status or leave may accrue
vacation up to the maximum under this section. Should the employee reach
maximum accumulation, the City shall cash out the equivalent hours that the
employee has taken for vacation during the fiscal year. Should the employee reach
maximum again after the cash out while still on IOD or leave, accruals shall cease.
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Section 4. Use of Vacation
A. The time at which an employee's vacation is to occur shall be
determined by the Chief of Police with due regard for the wishes of the employee
and particular regard for the needs of the service.
B. Employees who have completed two (2) years or more of continuous
service may elect to be paid for up to a maximum of eighty (80) hours of
accumulated vacation up to twice per calendar year. .
Section 5. Vacation Pavment at Termination
A. Employees terminating employment shall be paid in a lump sum for
all accumulated vacation no later than the next regular payday following
termination.
B. When termination is caused by death of the employee, the
employee's beneficiary shall receive the employee's pay for unused vacation. In
the event an employee has not designated a beneficiary, the payment shall be
made to the estate of the employee.
Section 6. Vacation Accrual Durina Leave of Absence
No vacation shall be earned during any leave of absence without pay for
each fourteen (14) day period (pay period) of such leave.
Section 7. Prohibition Against Working for City During Vacation
Employees shall not work for the City during their vacation and, thereby,
receive double compensation from the City.
ARTICLE XIV - LEAVES OF ABSENCE
Section 1. Authorized Leave of Absence Without Pa
A. Upon the Police Chiefs recommendation and approval of the City
Manager, an employee may be granted a leave of absence without pay in cases of
an emergency or where such absence would not be contrary to the best interest of
the City, for a period not to exceed ninety (90) working days.
B. Upon written request of the employee, the City Council may grant a
leave of absence, with or without pay, for a period not to exceed one (1) year.
C. At the expiration of the approved leave of absence, after notice to
return to duty, the employee shall be reinstated to the position held at the time the
leave of absence was granted. Failure on the part of the employee to report
promptly at such leave of absence's expiration and receipt of notice to return to duty
shall be cause for discharge.
21
D. During any authorized leave of absence without pay, an employee
shall not be eligible to accumulate or receive fringe benefits except as specifically
provided for in this MOU, except that the City shall contribute to an employee's
healthcare and dental plan, disability insurance plan, and life insurance plan for the
first thirty (30) calendar days of the leave of absence.
Section 2. Bereavement Leave
A. Employees may be granted up to forty (40) hours of bereavement
leave of absence, by the reason of a death in their family which shall be
restricted and limited to immediate family by reason of biology, marriage, or
adoption. Family lineage covered by this provision:
• Spouse or Registered Domestic Partner
• Father and Mother (Including Step parent and adoptive parent)
• Father and Mother In -Law
• Grandparent
• Brother and Sister (Including step sibling or sibling due to legal adoption)
• Child (Including step child, child due to marriage or legal adoption)
• Grandchild (Including step grandchild, due to marriage or legal adoption)
• All degree of relatives not listed but living within the household of the
employee
Section 3. Military Leave of Absence
A. Military leave shall be granted in accordance with the provisions of
State law. All employees entitled to military leave shall give the Chief of Police an
opportunity within the limits of military regulations to determine when such leave
shall be taken. Whenever possible, the employee involved shall notify the Chief of
Police of such leave request ten (10) working days in advance of the beginning of
the leave.
B. In addition to provision of State law, the City shall continue to provide
eligible employees on military leave the current health benefits (healthcare, dental,
disability and life insurance and retirement (if applicable) for the first three (3)
months of military leave. During said period, the employee shall be required to pay
to the City the same co -payments as required of other employees. After the first
three (3) months of military leave, the employee may continue said benefits at his
cost.
Section 4. This section was intentionally left blank and has been reserved for
future use.
PA
Section 5. Unauthorized Absence
Unauthorized absence is days, or portions of days, wherein an employee is
absent from work without City approval. Unless subsequently approved, such
absence will result in a deduction from the employee's pay of an amount equivalent
to the time absent. Employees taking unauthorized absence may be subject to
disciplinary action, up to and including termination of employment.
Section 6. Catastrophic Leave
A. Establishment — A Catastrophic Leave Program for the Association
was established which allows donation of paid time for employees represented
by the Association.
B. Purpose — The purpose of the Catastrophic Leave Pool is to enable
full-time employees to receive and donate vacation, administrative leave, and
compensatory time off (CTO) leave credits on an hour for hour basis to assist
employees who have no remaining leave bank balances and who will suffer a
financial hardship due to prolonged illness or injury to themselves, or a member
of their immediate family. Sick Leave is excluded from this program. The
conditions of this program are as follows -
1 .
ollows:
1. Catastrophic Leave will be available only to employees who
have exhausted their own paid leave through bona fide serious illness or
accident.
2. The leave pool shall be administered by the Finance
Department.
3. Employees must be in regular full-time appointed positions
to be eligible for catastrophic leave.
4. Employees receiving Long -Term Disability payments may
participate in this program, but may not receive combined payments that would
exceed their normal take home pay.
5. All donations are to be confidential, between the donating
employee and the Finance Department.
6. Employees donating to the pool must have forty (40) hours
of paid leave available after making a donation.
7. Donating employees must complete a Catastrophic Leave
Program form with a signed authorization, and includes specifying the specific
employee to be a recipient of the donation.
8. Donations will be subject to applicable tax laws.
1691
9. The availability of Catastrophic Leave shall not delay or
prevent the City from taking action to medically separate or disability retire an
employee.
10. Catastrophic Leave due to illness or injury of an immediate
family member may require medical justification as evidenced by a Physician's
Statement that the presence of the employee is necessary.
11. Catastrophic Leave due to illness or injury of the employee
will require medical justification as evidenced by a Physician's Statement as to
the employee's inability to perform normal duties.
ARTICLE XV - JURY DUTY
Section 1. Compensation for Jury Duty
A. Employees required to report for jury duty shall be granted leave of
absence for such purpose, upon presentation of jury notice to the Chief of Police.
Said employees shall receive full payment for the time served on jury duty, provided
the employee remits any fees received for such jury service, excluding payment for
mileage, to the City's Finance Department. Compensation for mileage, subsistence
or similar auxiliary allowance shall not be considered as a fee and shall be returned
to the employee by the Finance Department.
B. If the sum of the employee's jury duty responsibilities is less than a
full work day; the employee shall contact his supervisor as to the feasibility of
returning to work that day.
ARTICLE XVI - SICK LEAVE
Section 1. General Sick Leave Provisions
A. Sick leave shall be used only in cases of actual personal sickness or
disability, medical or dental treatment, and family leave or as authorized by the City
Manager under special circumstances. The employee requesting sick leave shall
notify his immediate supervisor or Chief of Police prior to the time set for reporting
to work. Sick leave with pay shall not be allowed unless the employee has met and
complied with the provisions of this MOU.
B. Sick leave shall not be granted for disability arising from any sickness
or injury purposely self-inflicted or caused by an employee's own willful misconduct.
C. The Department Head may require employees to present proof of
physical fitness for duty for sick leaves in excess of three (3) consecutive working
days for those on a twelve (12) hour shift and in excess of four (4) consecutive
working days for those on other shifts.
I%zl
Section 2. Eligibility All employees covered by this MOU shall be eligible to
accrue sick leave.
Section 3. Accrual
A. Sick leave shall be accrued at the rate of twelve and one-third (12-
1/3) hours per calendar month for each calendar month that the employee has
worked regularly scheduled hours and/or has been on authorized leave which
provides for full pay, for at least fifteen (15) working days in that month.
B. Sick leave accrued pursuant to A. above for unit employees hired
prior to July 1, 1985, will be placed into a newly established sick leave bank at the
rate of twelve and one-third (12-1/3) hours per calendar month for each calendar
month that the employee has worked regularly scheduled hours. This new sick
leave bank, established February 4, 1998, cannot be cashed out for disability
retirement. Accumulated sick leave shall not be used to postpone the effective date
of retirement as determined by the City.
Section 4. Accumulation and Pavment
A. There is no limit on the amount of sick leave that an employee may
accumulate.
B. An employee may be paid for unused sick leave pursuant to the
following:
1. Employees who have not completed fifteen (15) years of
services with the City will not be eligible to be paid for any accumulated sick leave,
nor shall any accumulated sick leave be used to postpone the effective date of
retirement as determined by the City.
2. Upon separation from the City, employees who have
completed a minimum of fifteen (15) years of service with the City shall have the
choice to:
a) Be paid for the accumulated sick leave up to twenty
percent (20%) of the accumulated sick leave bank.
b) Convert the hours to eight (8) hours work days and report
to CalPERS for service credit.
c) Or any combination of pay and service credit (maximum
twenty percent [20%] payout compensation) of
total/accumulated sick leave bank at the time of separation.
d) Compensation shall be at the employees' final hourly rate
of pay.
e) Accumulated sick leave shall not be used to postpone the
effective date of the retirement as determined by the City.
25
3. Employees employed prior to July 1, 1985, who are retired
because of work related disabilities will be paid all of their accumulated sick leave at
their final base hourly rate of pay. Accumulated sick leave shall not be used to
postpone the effective date of retirement as determined by the City. Any sick leave
accrued after February 4, 1998 will be placed in the sick leave bank set forth in
Section 3.B above, and is not eligible for this payout provision.
Section 5. Sick Leave Durina Vacation
An employee who becomes ill while on vacation may have such period of
illness charged to his accumulated sick leave provided that:
A. Immediately upon return to duty, the employee submits to his
supervisor a written request for sick leave and a written statement signed by his
physician describing the nature and dates of illness.
B. The Chief of Police recommends and the City Manager approves the
granting of such sick leave.
Section 6. Extended Sick Leave
In the event of an employee's continuing illness which results in depletion of
sick leave accumulation, the employee may request in writing, to the Chief of Police
and City Manager, a leave of absence without pay for the purpose of recovering
from the illness, provided:
A. The employee has used all of his accumulated sick leave.
B. The employee presents to his department head for referral to and
consideration by the City Manager, a written explanation of the employee's illness
and an estimate of the time needed for recovery signed by the employee's
physician.
C. Prior to resuming his duties, the employee may be required to take a
medical examination at City expense and provide a medical release to return to
work from the employee's physician as prescribed by the City Manager. The
employment record and the results of such examination shall be considered by the
City Manager in determining the employee's fitness to return to work.
D. The maximum period of such leave shall be ninety (90) calendar
days. If the employee desires an extension, he shall follow, prior to the termination
of the initial leave, the procedure described in Section 6.13 above.
Section 7. Family Leave
Upon a demonstration of need and subject to the following conditions, an
employee may take sick leave and/or unpaid leave to care for his newborn infant,
whether through parentage or adoption, or a seriously ill or injured member of the
26
employees "immediate family" as defined in Article XIV Section 2. Bereavement
Leave.
A. Proof of the birth or adoption of a newborn infant or the serious
illness/injury of the family member must be submitted to the City.
B. Requests for family leave must be submitted in writing to the
employee's supervisor at the earliest possible date preceding the time when the
leave is to begin.
C. Operational needs of the City shall be relevant in determinations
regarding the granting of family leave in accordance with the provisions of State
and Federal Family Leave laws.
D. In the event of an extended family leave, the employee may be
required to periodically report on the status of the situation giving rise to the leave.
E. Family leave may be granted only upon the recommendation of the
Chief of Police and approval of the City Manager consistent with the provisions of
State and Federal Family Leave laws.
F. A maximum of four hundred (400) working hours of family leave in
any combination of sick leave and unpaid leave may be taken during any two (2)
year period unless a greater amount is prescribed by state or federal law.
Section 8. On The Job Injury
Employees who are disabled by injury or illness arising out of and in the
course of their duties as public safety employees of the City, shall be entitled to the
benefits of California Labor Code Section 4850 as the Section now exists or is
hereinafter amended. Any payments made pursuant to this Section shall not be
charged as sick leave; sick leave and vacation benefits shall accrue during the
period of disability pursuant to the provision of California Labor Code Section 4850.
Section 9. Off The Job Injury
An employee injured outside of his service with the City shall be
compensated through the disability insurance plan provided by the City.
ARTICLE XVII - PROBATIONARY PERIODS
Section 1. Appointment Following Probation Period
A. The original appointment and promotional appointment of employees
shall be tentative and subject to a probationary period of twelve (12) months of
service.
27
B. When unusual circumstances merit the extension of the probationary
period, the Chief of Police shall request, in writing, approval of the City Manager.
Said extension shall not exceed one hundred eighty (180) calendar days. Human
Resources shall notify the Chief of Police and the probationer concerned no -less -
than two (2) weeks prior to the termination of any probationary period.
C. If the service of a probationary employee has been satisfactory, the
Chief of Police shall file with Human Resources a statement, in writing, that the
retention of the employee is desired. No actions changing an employee's status
from probationary to regular full-time shall be made or become effective until
approved by the City Manager.
Section 2. Objective of Probationary Period
The probationary period shall be regarded as a part of the testing process
and shall be utilized for closely observing the employee's work, for securing the
most effective adjustment of a new employee to his position, and for rejecting any
probationary employee whose performance does not meet the required standards
of work.
Section 3. Employee Performance Appraisal
A. Each probationary employee shall have his performance evaluated at
the end of each three (3) months of service or at more frequent intervals when
deemed necessary by the Chief of Police. Regular employees shall have their
performance evaluated annually or at more frequent intervals when deemed
necessary by the Chief of Police. Such evaluation shall be reported in writing and
in the form approved by Human Resources.
B. The written appraisal report of an employee's performance evaluation
shall be filed in triplicate, the original to be filed with Human Resources and made a
part of the employee's personnel records, one (1) copy to be retained by the
department, and one (1) copy to be given to the employee.
Section 4. Rejection of Probationary Employee
A. During the probationary period an employee may be suspended,
demoted, or rejected anytime by the Chief of Police, with approval of the City
Manager, without cause and without right of appeal, except the right of appeal of
punitive action as may be provided by law. Notification of rejection, in writing, shall
be served on the probationary employee and a copy filed with Human Resources.
A termination interview may be conducted with each rejected probationer.
B. An exception will be applied where the probationary employee's job
termination or dismissal is based on charges of misconduct which stigmatizes his
reputation or seriously impairs his opportunity to earn a living, or which might
seriously damage his standing and association in the community. Where there is
such a deprivation of a "liberty interest", the employee shall be given pre -
9.1
disciplinary procedural due process as defined in the City of Seal Beach Personnel
Rules and Regulations and this Memorandum of Understanding. Prior to the
disciplinary action becoming final, the employee must be notified of his right to the
appeal procedure as outlined in the Personnel Rules and Regulations.
ARTICLE XVIII - LAYOFF PROCEDURES
Section 1. Policy
The policy for layoff procedures shall be as adopted in City's Personnel
Rules and Regulations.
ARTICLE XIX - MISCELLANEOUS PROVISIONS
Section 1. Tuition Reimbursement
A. Higher Education Degree Programs
Unit members attending accredited community colleges, universities, and
trade schools for the purpose of obtaining a higher education degree may apply
for reimbursement of tuition, books, student fees and parking. Reimbursement is
capped each calendar year at the tuition rate of the Cal State University system
for up to two (2) semesters of full-time, undergraduate enrollment.
Reimbursement is contingent upon the successful completion of the
course. For any course that could be taken for a letter grade, it must be taken for
a letter grade and successful completion means a grade of "C" or better for
undergraduate courses and a grade of "B" or better for graduate courses. For
any course that can only be taken for a grade of "credit" or "no credit", successful
completion means a grade of "credit". All claims for tuition reimbursement
require prior approval and are subject to verification and approval by the City
Manager. This tuition reimbursement does not pertain to P.O.S.T. courses
attended on duty.
Example 1: Officer A attends California State University, Long Beach, for
the Spring 2021 semester and completes two (2) 3 -unit undergraduate courses
with a grade of "C" or better. The tuition reimbursement would be calculated as
follows:
2020-2021 State University Tuition $ 1,665.00 (0-6 units)
Required University Fees $ 554.00 (approx.)
Parking $ 175.00
Books $ 535.00 (approx.)
TOTAL $ 2,929.00
29
Example 2: Officer B attends California State University, Long Beach, for the
Spring 2021 semester and completes three (3) 3 -unit undergraduate courses
with a grade of "C" or better. The tuition reimbursement would be calculated as
follows:
2020-2021 State University Tuition $ 2,871.00 (6.1 or more units)
Required University Fees $ 554.00 (approx.)
Parking $ 175.00
Books $ 535.00 (approx.)
TOTAL $ 4,135.00
B. Professional Conventions and Conferences
Unit members who attend job related conventions and conferences that
are not sponsored by the Department may submit for reimbursement under the
tuition reimbursement program for the cost of enrollment. Attendance of
conventions and conferences must be job related and pre -approved by the Chief
of Police. The cost of travel, sustenance, and lodging is not reimbursable under
tuition reimbursement per IRS Publication 970.
Travel, sustenance, and lodging may be reimbursable via the Department's
Meetings and Conference budget. Employee is to submit a request to the Chief of
Police prior to travel for approval in order to receive reimbursement for travel,
sustenance, and lodging after the conference. All receipts for expenses must be
attached to the reimbursement request and submitted to the Chief of Police for
approval, and forwarded to the City Manager for final review and approval.
Section 2. Physical Fitness Program
The physical fitness program is a voluntary program for all sworn officers
utilizing vacation hours as compensation for achieving goals within this program.
The details of this program are attached as Exhibit A to this MOU.
ARTICLE XX - ENTIRE MEMORANDUM OF UNDERSTANDING
Section 1. It is the intent of the parties hereto that the provisions of this MOU
shall incorporate all prior agreements and memoranda of agreement, or
memoranda of understanding, or contrary salary and/or personnel resolutions or
administrative codes, provisions of the City, oral or written, expressed or implied,
between the parties, and shall govern the entire relationship, and shall be the sole
source of any and all rights which may be asserted hereunder. This MOU is not
intended to conflict with federal or state law.
Section 2. Notwithstanding the provision of Section 1., there exists within the
City certain personnel rules and regulations and police department rules and
regulations. To the extent that this MOU does not specifically contradict these
personnel rules and regulations or police department rules and regulations or City
ordinances, they shall continue subject to being changed by the City in accordance
30
with the exercise of City rights under this MOU and applicable state law.
Section 3. Except as provided herein, other terms and conditions of
employment, oral or written, express or implied that are presently enjoyed by
employees represented by the Association shall remain in full force and effect
during the entire term of this MOU unless mutually agreed to the contrary by both
parties hereto.
ARTICLE XXI - CONCERTED REFUSAL TO WORK
Section 1. Prohibited Conduct
A. The Association, its officers, agents, representatives, and/or
members agree that they will respect relevant law and judicial decisions regarding
the withholding or diminishment of services to influence negotiations conducted
under Section 3500 et.seq of the California Government Code.
B. The City agrees that it shall not lock out its employees during the
term of this MOU. The term "lockout" is hereby defined so as not to include the
discharge, suspension, termination, layoff, failure to recall, or failure to return to
work employees of the City in the exercise of rights as set forth in any of the
provisions of this MOU or applicable ordinance or law.
C. Any employee who participates in any conduct prohibited in
subparagraph A. above may be subject to termination.
D. In addition to any other lawful remedies or disciplinary actions
available to the City, if the Association fails, in good faith, to perform all
responsibilities listed in Section 2., Association Responsibility, below, the City may
suspend certain rights and privileges accorded to the Association under the
Employer -Employee Relations Resolution or by this MOU including, but not limited
to, access to the grievance procedure and use of the City's bulletin boards and
facilities.
Section 2. Association Responsibility
In the event that the Association, its officers, agents, representatives or
members engage in any of the conduct prohibited in Section 1. above, Prohibited
Conduct, the Association or its duly authorized representatives shall immediately
instruct any persons engaging in such conduct that their conduct is in violation of
this MOU and unlawful, and they should immediately cease engaging in conduct
prohibited in Section 1. above, Prohibited Conduct, and return to work.
ARTICLE XXII - EMERGENCY WAIVER PROVISION
Section 1. In the event of circumstances beyond the control of the City, such as
acts of God, fire, flood, civil disorder, national emergency, or similar circumstances,
provisions of this Memorandum of Understanding or the Personnel Rules and
31
Regulations of the City, which prevent the City's ability to respond to these
emergencies, shall be suspended for the duration of such emergency. After the
emergency is over, the Association shall have the right to meet and confer with the
City regarding the impact on employees of the suspension of these provisions in
the Memorandum of Understanding and any Personnel Rules and Regulations.
ARTICLE XXIII - SEPARABILITY
Section 1. Should any provision of the MOU be found to be inoperative, void or
invalid by a court of competent jurisdiction, all other provisions of this MOU shall
remain in full force and effect for the duration of this MOU.
ARTICLE XXIV - PERSONNEL RULES AND REGULATIONS
Section 1. The Personnel Rules and Regulations are incorporated herein by
reference, and shall govern. If there is a conflict between the Personnel Rules
and Regulations and a specific provision of this MOU, the MOU provision shall
be applied.
ARTICLE XXV - MOU REOPENERS
Section 1. The Association and the City shall reopen any provision of this
MOU for the purpose of complying with any final order of a Federal or State
Agency or Court of competent jurisdiction requiring a modification or change in
any provision or provisions of this MOU, in order to comply with State or Federal
laws.
ARTICLE XXVI - TERM OF MEMORANDUM OF UNDERSTANDING
Section 1. The terms of this Memorandum of Understanding shall commence on
July 1, 2020 and continue in full force and effect through June 30, 2023 - a three (3)
year contract.
Section 2. The City of Seal Beach and the Police Officers' Association agree to
commence negotiations for the next contract year by April 1, 2023.
(Intentionally Left Blank)
32
ARTICLE XXVII - RATIFICATION
Section 1. This Memorandum of Understanding is subject to approval and
adoption by the City Council and ratification by the required number of the duly
authorized representatives of the Association. Following such ratification, approval
and adoption, the Memorandum of Understanding shall be implemented by the
appropriate resolution(s), ordinance(s), or other written action of the City Council.
SEAL BEACH POLICE OFFICERS' ASSOCIATION REPRESENTATIVES:
Officer Eric Tittle, President
Jill R. Ingram, City Manager
Date:
Date:
Date:
Patrick Gallegos, Assistant City Manager
33
EXHIBIT A
SEAL BEACH POLICE PHYSICAL FITNESS PROGRAM
INTRODUCTION
The physical fitness program is a voluntary program for all sworn officers.
Officers work out on their off duty time and may, depending upon availability of
funds and staffing needs, in return receive compensation back to them after
meeting the minimum requirements of the tests at the end of each six (6) month
period. Officers may receive up to twenty (20) hours of vacation time by meeting
the requirements of the test at the end of each six (6) month period. The
maximum time each officer will be able to achieve is up to forty (40) vacation
hours earned annually for as long as the officer continues successfully in the
program.
ENROLLMENT
To start the program, each officer must contact the Physical Fitness Committee
and advise them of your intent. You will need to have a doctor's release to allow
you to participate in the program. A copy of the physical requirements of the
physical fitness program should be reviewed by your doctor when obtaining your
release. For details of the annual physical exam refer to Article XIII section 6 of
the SBPOA MOU.
TESTING
Each officer participating will be tested every six (6) months, specifically in the
months of January and July. A minimum level has been established for each test.
Participants will have to move up a category or reach maintenance level
indicated on each test by age group. At one (1) year and six (6) months,
participants will be required to be at the maintenance level. Once the
maintenance level has been attained, participants will have to maintain that level
on subsequent tests. Testing each six (6) month period will validate the
awarding of vacation time. Testing may be conducted during on -duty hours at the
Watch Commanders discretion. The Physical Fitness Committee will perform the
testing.
ALLOCATION OF HOURS
Employees will be awarded four (4) hours for successfully completing each test
as set forth in TESTING above. No employee shall receive any hours if they fail
to meet the minimum standards for at least three (3) of the five (5) tests.
34
PHYSICAL FITNESS COMMITTEE
The Physical Fitness Committee shall be comprised of four (4) members - two (2)
to be appointed by the SBPOA Board of Directors, and two (2) to be appointed
by the Chief of Police. The Physical Fitness Committee is established to retain
administrative control over the program. All committee members shall be active
participants in the program. The committee will be responsible for examining
problems and disputes that arise from the administration of the program. The
committee will be the formal arbitrators on these matters.
VALIDATED HEALTHCARE PROBLEM CLAUSE
Those officers who for validated Healthcare reasons cannot participate in the
fitness program as designed may contact the Physical Fitness Committee for
program modification. Validated Healthcare problems are those diagnosed by a
physician as limiting participation in a certain activity.
REQUIRED TEST
The physical fitness needs of Police Officers fall into three (3) areas:
o Cardio Fitness
o Strength
o Flexibility
The tests outlined below may be modified by the Physical Fitness Committee as
necessary. The tests used in this program to evaluate fitness in these areas will
be:
Cardio Fitness: 1.5 Mile run
Strength: Push-ups Sit-ups Pull-ups
Flexibility: Forward Stretch
HEALTHCARE COVERAGE
Participation in the program will be on a voluntary basis.
Any exercise workouts done under this program, i.e. weight lifting, contact sports,
running, etc. would not be covered for benefits under Workers Compensation,
The city will not provide blanket coverage for any injury which could conceivably
be claimed under the pretext of participation in the Physical Fitness Program.
All employees must receive clearance from their personal physician prior to
beginning program participation.
35
CARDIO FITNESS TESTS - 1.5 Mile Run
Officers will run a one point five (1.5) mile course established by the Training
Unit. The time needed to cover the distance is recorded and compared to the
standards on the chart.
This test is an excellent indication of the condition of the heart and lungs as it
measures ones aerobic capacity or the ability of the heart and lungs to utilize
oxygen.
Under 30 Below
30-34 Below 35-39 Below
Excellent
10:15
11:00
11:30
Good
10:16-12:00
11:01-12:30
11:31-13:00
Fair
12:01-14:30
12:31-15:00
13:01-15:30
Poor
14:31-16:30
15:01-17:00
15:31-17:30
Very Poor
16:31 -Above
17:01 -Above
17:31 -Above
Maintenance Level
11:00
12:00
12:30
Minimum Level
14:30
15:15
15:30
40-44 Below
40-49 Below
50 + Below
Excellent
12:00
12:15
12:30
Good
12:01-13:30
12:16-13:45
12:31-14:30
Fair
13:31-16:00
13:46-16:15
14:31-17:00
Poor
16:01-18:00
16:16-18:15
17:01-19:00
Very Poor
18:01 -Above
18:16 -Above
19:01 -Above
Maintenance Level
13:00
13:30
14:00
Minimum Level
15:45
16:00
16:45
STRENGTH TESTS
The body is maintained in a prone position supported by straight arms on the
hands and toes. A partner places his fist on the ground below the officer's chest.
The officer must keep his back straight at all times and from the up position,
lower him/herself to the floor until his chest touches his partner's hand and then
push to the up position again. The officers can rest in the up position. The total
number of correct push-ups are recorded and compared to the standards on the
chart.
This test measures muscle endurance and a low level of muscle endurance
indicates an inefficiency in movement and a poor capacity to perform work. This
test measures mainly the muscles of both the chest and upper arm which are
important in physical confrontations such as pushing, pulling, controlling, and
handcuffing.
36
Under 30
30-39
40-49
50 +
Excellent
43-
37-
30-
25+
Good
28-42
23-36
20-29
17-24
Fair
20-27
17-22
15-19
12-16
Poor
5-19
3-16
2-14
2-11
Very Poor
4 -Below
2 -Below
2 -Below
1 -Below
Maintenance Level
40
35
25
18
Minimum Level
18
15
13
11
PULL-UPS
Officer will hold bar with the palms away from the body. Arms are extended out
straight in the beginning position with the feet off the ground. Officer must pull his
body up to a position where his chin is above the bar for one repetition. The total
number of correct pull-ups are recorded and compared to the standards on the
chart.
In lieu of pull-ups, officers may choose to do the "La Pull". Officers are required
to pull down seventy percent (70%) of their body weight ten (10) times in order to
achieve maintenance level.
Under 30
30-39
40-49
50+
Excellent
9 & Above
7 & Above
6 & Above
5 & Above
Good
8
6
5
4
Fair
6-7
4-5
3-4
2-3
Poor
5
3
2
1
Very Poor
4 & Above
2 & Above
1 & Above
0
Maintenance Level
8
6
5
4
Minimum Level
5
3
2
1
SIT-UPS
Officer starts by lying on his/her back, knees bent, heels flat on the floor and
arms folded across the chest. A partner holds the feet down. In the up position,
the officer will touch his elbows to his knees and then return to the starting
position, not placing their shoulder blades on the ground before starting the next
sit-up. This is a continuous exercise, no resting. The total number of correct sit-
ups are recorded and compared to the standards on the chart.
This test measures muscular endurance in the abdominal muscle group, an area
of great concern to the sedentary individual. Much evidence exists of the
correlation between poor abdominal muscle development, excessive fat tissue
and lower back problems.
37
*1 CONTINUOUS MINUTE *
Under 30
30-39
40-49
50+
Excellent
51 & Above
45 & Above
40 & Above
36 & Above
Good
40-50
34-44
27-39
23-39
Fair
35-39
29-33
20-26
16-22
Poor
24-34
18-28
7-19
6-15
Very Poor
23-
17-
6-
5 -
Maintenance Level
45
40
35
30
Minimum Level
30
25
20
15
FLEXIBILITY
Officer sits on the ground with his legs out straight in front of him. Heels of feet
are placed against a 4 X 4 or similar object. Officer bends forward and reaches
towards his toes with his fingertips as far as he can. The distance above or below
his heels is measured. The distance is recorded as plus or minus inches. Plus
inches is below the heels and negative is above the heels. Compare the results
against the standards on the chart.
Under 30 30-39
40-49
50 +
Excellent
+10" & Below
+9" & Below
+8" & Below
+7" & Below
Good
+4" to 9.5"
+ 3.5" to 8.5"
+1" to 7.5"
0 to +6.5"
Fair
+1.5" to 3.5"
+1" to 3"
-2" to +.5"
-3" to -.5"
Poor
-4.5" to +1"
-6.5" to +.5"
-9" & Above
-10" to 3.5"
Very Poor
-5" & Above
-7" & Above
-9.5 & Above
-10.5"& Above
Maintenance Level
+5"
+4"
+1"
0"
Minimum Level
0"
-2"
-4"
-5"
SEAL BEACH POLICE MANAGEMENT
ASSOCIATION
MEMORANDUM OF UNDERSTANDING
�ri(r` rQi�4y�i
� r
f` ::4POR•1T[[1 0
•
%��4'�•'QLIF�RI�.
Resolution xxxx-Exhibit A RESOLUTION NUMBER
ADOPTED: July 1_,202024,-244-9
EXPIRES: JuneUNE 30, 20230
SEAL BEACH POLICE MANAGEMENT ASSOCIATION
TABLE OF CONTENTS
ARTICLE 1. TERM OF AGREEMENT......................................................1
Section1...................................................................................................1
Section2...................................................................................................1
ARTICLE 2. RECOGNITION AND MEMBERSHIP...................................1
Section1...................................................................................................1
Section2...................................................................................................1
Section3...................................................................................................1
ARTICLE 3. SALARIES............................................................................2
Section1....................................................................................2
ARTICLE 4. EMPLOYEE ORGANIZATIONAL DUES ..............................3
Section1...................................................................................................3
Section2...................................................................................................3
ARTICLE 5. INDEMNIFICATION..............................................................3
ARTICLE 6. CITY RIGHTS........................................................................3
Section1...................................................................................................3
Section2...................................................................................................4
ARTICLE 7. COMPENSATION PLAN.....................................................4
Section1...................................................................................................4
Section2...................................................................................................4
Section3...................................................................................................5
Section4...................................................................................................5
ARTICLE 8. ADVANCEMENT WITHIN MONTHLY BASE SALARY
GRADES..............................................................................5
Section1...................................................................................................5
Section2...................................................................................................5
Section3...................................................................................................5
Section4...................................................................................................5
ARTICLE 9. SALARY INCREASES FOLLOWING PROMOTION ............ 5
Section1...................................................................................................5
Section2...................................................................................................5
ARTICLE 10. SALARY DECREASES FOLLOWING DEMOTION ...........6
ARTICLE 11. ADJUSTMENT OF SALARY GRADES ..............................6
ARTICLE 12. SALARY AND BENEFITS SUSPENSION ...........................6
ARTICLE 13. SPECIAL PAY PROVISIONS.............................................6
Section 1. Uniform Allowance....................................................................6
Section 2. Safety Equipment......................................................................6
Section 3. Temporary Assignment Pay.......................................................6
Section 4. Deferred Comp 7
ARTICLE 14. COURT TIME......................................................................7
Section1...................................................................................................7
Section2...................................................................................................7
Section3...................................................................................................8
ARTICLE 15. CALL-BACK.......................................................................8
Section1...................................................................................................8
Section2...................................................................................................8
ARTICLE 16. STAND-BY PAY..................................................................8
Section1...................................................................................................8
Section2...................................................................................................8
Section3.................................................................................9
ARTICLE 17. MOVIE DETAIL...................................................................9
Section1...................................................................................................9
ARTICLE 18. EXPERIENCE PAY.............................................................9
Section1...................................................................................................9
Section2...................................................................................................9
Section3.................................................................................................10
Section4.................................................................................................10
Section5.................................................................................................10
Section6.................................................................................................10
Section 7. 1 OErrorl Bookmark not defined 10
Section8.................................................................................................10
Section9.................................................................................................10
Section10..............................................................................................104-
Section11................................................................................10
ARTICLE 19. EDUCATION INCENTIVE PAY.........................................11
Section1.................................................................................................11
Section2.................................................................................................11
Section3.................................................................................................11
Section4.................................................................................................11
Section5.................................................................................................11
Section6.................................................................................................11
Section7.................................................................................................12
ARTICLE 20. TUITION REIMBURSEMENT...........................................12
ARTICLE 21. PHYSICAL FITNESS PROGRAM....................................13
ARTICLE 22. TRAINING PROGRAMS...................................................13
Section1.................................................................................................13
Section2.................................................................................................13
ARTICLE 23. HOLIDAYS........................................................................13
Section1.................................................................................................13
Section2...................................................................................................13
Section3...................................................................................................14
Section4...................................................................................................15
ARTICLE 24. FRINGE BENEFIT ADMINISTRATION ............................16
ARTICLE 25. FRINGE BENEFIT SELECTION AND FUNDING.............16
ARTICLE 26. FRINGE BENEFIT LIMITS................................................16
Section1.................................................................................................16
Section2...................................................................................................16
ARTICLE 27. FRINGE BENEFIT CHANGES..........................................16
ARTICLE 28. HEALTH CARE COVERAGE...........................................16
Section 1. Health Care Coverage.............................................................16
Section 2. Health Insurance Plan for Retirees...........................................17
ARTICLE 29. LIFE INSURANCE............................................................18
ARTICLE 30. DISABILITY INSURANCE PLAN.....................................19
ARTICLE 31. SECTION 125 PLAN.........................................................19
ARTICLE 32. ANNUAL PHYSICAL........................................................19
ARTICLE 33. RETIREMENT...................................................................19
Section1.............................................................................................1924-
Section2.................................................................................. 19
ARTICLE 34. HOURS OF WORK — WORK PERIOD .............................20
Section 1. Work Period.............................................................................20
Section 2. Three -Twelve Work Schedule...................................................20
Section 3. Reporting to California Public Employees' Retirement System
(PERS)..........................................................................................21
ARTICLE 35. OVERTIME COMPENSATION.........................................21
Section 1. Overtime Defined....................................................................21
Section 2. Compensation for Overtime....................................................21
Section 3. Compensatory Time................................................................21
Section 4. Approval for Overtime.............................................................22
ARTICLE 36. VACATION........................................................................22
Section 1. Eligibility..................................................................................22
Section2. Accrual....................................................................................22
Section 3. Maximum Accrual....................................................................23
Section 4. Use of Vacation.......................................................................23
Section 5. Vacation Payment at Termination...........................................23
Section 6. Vacation Accrual During Leave of Absence ............................23
Section 7. Prohibition Against Working for City During Vacation ..............23
ARTICLE 37. LEAVE OF ABSENCE......................................................23
Section1..................................................................................23
ARTICLE 38. UNAUTHORIZED ABSENCE...........................................24
ARTICLE 39. BEREAVEMENT LEAVE..................................................24
Section1..................................................................................24
ARTICLE 40. MILITARY LEAVE OF ABSENCE....................................25
Section1.................................................................................................25
Section2.................................................................................................25
ARTICLE 42. JURY DUTY......................................................................25
Section1..................................................................................25
ARTICLE 43. SICK LEAVE.....................................................................25
Section 1. Accrual - Sworn Positions.........................................................25
Section 2. Sick Leave During Vacation....................................................26
Section 3. Extended Sick Leave..............................................................27
Section 4. General Sick Leave Provisions...............................................27
Section 5. Fitness for Duty.......................................................................27
IRA
Section 6. Accrural and Payment -Non -Sworn Positions .......................27
Section7...................................................................................28
ARTICLE 44. CATASTROPHIC LEAVE.................................................27
Section 1. Establishment..........................................................................27
Section2. Purpose..................................................................................27
ARTICLE 45. FAMILY LEAVE (FMLA/CFRA)........................................28
ARTICLE 46. ON-THE-JOB INJURY......................................................29
ARTICLE 47. OFF -THE -JOB INJURY....................................................29
ARTICLE 48. PERSONNEL RULES AND REGULATIONS ...................29
Section1...................................................................................................29
Section2...................................................................................................29
ARTICLE 49. PROBATIONARY PERIODS............................................29
Section1.................................................................................................29
Section 2. Objective of Probationary Period............................................30
Section 3. Employee Performance Appraisal...........................................30
Section 4. Rejection of Probationary Employee.......................................30
ARTICLE 50. LAYOFF PROCEDURES..................................................30
ARTICLE 51. MOU REOPENERS...........................................................30
Section1...................................................................................31
ARTICLE 52. INTENTIONALLY LEFT BLANK31
.................................
ARTICLE 53. NO STRIKE - NO LOCKOUT............................................31
Section1.................................................................................................31
Section2.................................................................................................31
Section3.................................................................................................31
Section4.................................................................................................31
ARTICLE 54. EMERGENCY WAIVER PROVISION...............................31
Section1...................................................................................32
ARTICLE 55. SEPARABILITY PROVISION...........................................31
Section1..................................................................................32
ARTICLE 56. SAVINGS CLAUSE...........................................................32
Section1...................................................................................32
ARTICLE 57. RATIFICATION.................................................................32
DI
EXHIBITA..............................................................................33
kyj
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF SEAL BEACH
AND
SEAL BEACH POLICE MANAGEMENT ASSOCIATION
The duly authorized representatives of the City of Seal Beach (hereinafter
referred to as "City") and the SEAL BEACH POLICE MANAGEMENT
ASSOCIATION (hereinafter referred to as "Association"), having met and
conferred in good faith concerning the issues of wages, hours and other terms
and conditions of employment, as herein set forth, declare their agreement to the
provisions of this Memorandum of Understanding (MOU). The terms and
conditions set forth in this MOU shall be of no force and effect unless and until
this MOU is approved and adopted by the City Council of the City of Seal Beach.
Unless otherwise specifically provided for herein, whenever a compensation
change is indicated as occurring effective upon City Council adoption of this
MOU, the compensation change shall commence during the first payroll period
commencing after the Council adoption of this MOU.
ARTICLE 1. TERM OF AGREEMENT
Section 1. The term and effective date of this memorandum shall be July 1,
2020 through and including June 30, 20230.
Section 2. The Agreement may be extended beyond June 30, 20230 if both
parties concur in writing.
ARTICLE 2. RECOGNITION AND MEMBERSHIP
Section 1. Pursuant to the provisions of the Employer -Employee Relations
Ordinance No. 769, as amended, the City has recognized, for the purposes of
this Memorandum of Understanding, the SEAL BEACH POLICE MANAGEMENT
ASSOCIATION as the majority representative of the employees in the bargaining
unit, which includes Police Department full-time employees in the safety
classifications and assignments of Police Sergeants apo—Police i Gemma d r
Captain and Police Lieutenant.
Section 2. The City recognizes the Association as the representative of the
employees in the classifications and assignments set forth in Section 1 above for
the purpose of meeting its obligations under this Memorandum of Understanding,
the Meyer-Milias-Brown Act, Government Code Section 3500 et seq., when City
Rules, Regulations, or laws affecting wages, hours, and/or other terms and
conditions of employment are amended or changed.
Section 3. The City agrees that the representatives of the Association, not to
exceed six (6) in number, shall be entitled to meet and confer with Management
1
during said representatives' normal working hours without suffering any loss in
pay while absent from their duties for such purpose, providing that such time per
person shall not be unreasonable. The City also agrees that such
representatives may utilize not more than six (6) hours per month or seventy-two
(72) hours per year without suffering any loss in pay for such absence for the
purpose of meeting with employees who are represented by the Association
and/or other officers of the Association.
ARTICLE 3. SALARIES
Section 1. The following monthly base salary grade increases shall be provided
to employees occupying all classifications represented by the Association. The
monthly base salary increases shall be effective during the first full pay period in
of .. •
indicated years. The aGtual perGeRtage salary grade -
determined by refere.nr.e te the Ghange on the Les.. ..
•
MA KIRRUMMA =1090 M..
'-
�.
_011. WIMMIMMMMSM
(2%). if the peFiGeRtage the GPI U is equal to or E three
..
1) Effective the first full pay -payslf period in July 202047
Position
Grade Increases
Police Records Supervisor
28
2%
Police Sergeant
37
2%-3 based on *GPI
Police Lieutenant
41
2%
Police Captain Commander
44
2%-3 based on *GPI
2) Effective the first full pay payrGH period in July 202148
Position
Police Records Supervisor
Police Sergeant
Police Lieutenant
Police Captain ^mer
Grade Increases
28 3%
37 2-%-3% based On *rDl
41 3%
44 2% 3% based OR *�D�
K
3) Effective the first full pay paymH period in July 20224-9
Position Grade
Police Records Supervisor 28
Police Sergeant 37
Police Lieutenant 41
Police CaptainCommander ••
ARTICLE 4. EMPLOYEE ORGANIZATIONAL DUES
Increases
2%-- 3% based on *
3%
2%-- 3% based on *
Section 1. The City will provide voluntary payroll deductions for all employees
represented by the Association for regular and periodic dues and benefit program
premiums as specified by agreement between the City and the Association and
signed by the member. The Authorization Form content shall be mutually agreed
to by the Association and the City.
Section 2. The City shall remit such funds to the Association within twenty-one
(21) calendar days following the deductions.
ARTICLE 5. INDEMNIFICATION
The Association agrees to hold the City harmless and indemnify the City against
any claims, causes of actions, or lawsuits arising out of the deductions or
transmittal of such funds to the Association, except the intentional failure of the
City to transmit to the Association monies deducted from the employees pursuant
to Article 4.
ARTICLE 6. CITY RIGHTS
Section 1. The City reserves, retains, and is vested with, solely and
exclusively, all rights of Management which have not been expressly abridged by
specific provisions of this MOU or by law to manage the City, as such rights
existed prior to the execution of this MOU. The City may exercise its
management rights unilaterally without the obligation of meet and confer on the
decision to exercise such rights. However, the City shall meet and confer on the
impact thereof pursuant to Section 2 of this Article. The sole and exclusive rights
of Management, as they are not abridged by this MOU or by law shall include,
but not be limited to, the following rights:
a) To manage the City generally and to determine the issue of policy;
b) To determine the existence or nonexistence of facts which are the basis of
the Management decision;
c) To determine the necessity of organization of any service or activity
conducted by the City and expand or diminish services;
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d) To determine the nature, manner, means and technology and extent of
services to be provided to the public;
e) To determine the methods of financing;
f) To determine the types of equipment or technology to be used;
g) To determine and/or change the facilities, methods, technological means,
and size of the work force by which the city operations are to be
conducted;
h) To determine and change the number of locations, relocations and type of
operations, processes and materials to be used in carrying out all City
functions including, but not limited to, the right to contract or subcontract
any work or operation of the City;
i) To assign work to and schedule employees in accordance with
requirements as determined by the City and to establish and change work
schedules and assignments upon reasonable notice;
j) To establish and modify productivity and performance programs and
standards;
k) To relieve employees from duties for lack of work, or funds, or similar non -
disciplinary reasons;
1) To discharge, suspend. demote, or otherwise discipline employees for
proper cause;
m) To determine job classification and to reclassify employees;
n) To hire, transfer, promote and demote employees for disciplinary and non -
disciplinary reasons;
o) To determine and administer policies, procedures and standards for
selection, training, and promotion of employees;
p) To establish employee performance standards including but not limited to,
qualifications and quantity standards and to require compliance therewith;
q) To maintain order and efficiency in its facilities and operations;
r) To establish and promulgate and/or modify Rules and Regulations to
maintain order and safety in the City which are not in contravention of this
MOU;
s) To take any and all necessary actions to carry out the mission of the City
in emergencies.
Section 2. Except in emergencies or where the City is required to make
changes in its operations because of the requirements of law, whenever the
exercise of Management's rights shall impact on employees represented by the
Association, the City agrees to meet and confer with representatives of the
Association regarding the impact of the exercise of such rights, unless the matter
of the exercise of such rights is provided for in this MOU or in the Personnel
Rules and Regulations, Safety Resolutions and Municipal Code which are
incorporated herein by reference in this MOU. By agreeing to meet and confer
with the Association as to the impact and exercise of any of the foregoing City
rights, Management's discretion in the exercise of these rights shall not be
diminished.
CI
ARTICLE 7. COMPENSATION PLAN
Section 1. All employees covered by this Memorandum of Understanding shall
be included under the Basic Compensation Plan. Every classification under this
plan shall be assigned a monthly base salary grade adopted by the City Council.
The salary schedule shall consist of five (5) steps within each grade.
Section 2. The first step is a minimum rate and is normally the hiring rate for
the classification. An employee may be assigned, upon appointment, to other
than normal entering salary step within the assigned grade upon the
recommendation of the Chief of Police and approval of the City Manager when it
is decided that such action is in the best interest of the City.
Section 3. The second step in the monthly base salary grade is a merit
adjustment which may be given at the end of six (6) months of employment
subject to the recommendation of the Chief of Police and approval of the City
Manager.
Section 4. The third, fourth, and fifth steps are merit adjustments to encourage
an employee to improve his/her work and to recognize increased skill on the job.
Employees are normally eligible for these adjustments at any time after the
completion of one (1) year of service at the preceding step. Each adjustment
may be made subject to the recommendation of the Chief of Police and approval
of the City Manager.
ARTICLE 8. ADVANCEMENT WITHIN MONTHLY BASE SALARY GRADES
Section 1. In order to properly compensate an employee, advancement in
salary shall be based on merit.
Section 2. Advancement in salary shall not be automatic, but shall depend
upon increased service value of the employee to the City.
Section 3. The Chief of Police and/or the employees' immediate supervisor
shall be responsible to evaluate employees fairly in an unbiased fashion for the
determination of job performance. Advancement shall be made only upon
recommendation of the Chief of Police and approval of the City Manager.
Section 4. An employee must be reviewed at least once every twelve (12)
months from the effective date of his/her last performance step increase, special
performance advancement or promotion. Nothing contained herein shall restrict
the Chief of Police from denying the increase after evaluation, nor shall it prevent
him/her from recommending special performance advancement in monthly base
salary at any time when unusual or outstanding achievement has been
demonstrated.
ARTICLE 9. SALARY INCREASES FOLLOWING PROMOTION
5
Section 1. Promotional Appointment — When an employee is promoted to a
position with a higher monthly base salary grade, the employee shall be
compensated at a step of the monthly base salary grade assigned to the new
position that is closest to providing a five percent (5%) salary increase over the
monthly base salary received prior to promotion.
Section 2. Temporary Appointment — In special circumstances, when in the
best interest of the City, the City Manager may approve a temporary assignment
of an employee to a higher-level classification. In such temporary assignments
lasting thirty (30) consecutive calendar days or more, the employee shall be
compensated at a step of the monthly base salary grade assigned to the new
position that is closest to providing a five percent (5%) salary increase over the
monthly base salary received immediately prior to the temporary appointment.
ARTICLE 10. SALARY DECREASES FOLLOWING DEMOTION
In the case of a demotion of any employee represented by the Association to a
classification with a lower maximum salary, such employee shall be assigned to
the appropriate monthly base salary step in the new classification as
recommended by the Chief of Police and approved by the City Manager. The
employee shall retain his/her previous anniversary date.
ARTICLE 11. ADJUSTMENT OF SALARY GRADES
When a salary grade for a given classification is revised upward or downward,
the incumbents of positions and classifications affected shall have their existing
monthly base salary adjusted to the same relative step in the new monthly base
salary grade and their anniversary date shall not be changed.
ARTICLE 12. SALARY AND BENEFITS SUSPENSION
During suspension from City service for disciplinary cause, an employee shall
forfeit all rights, privileges and salary, except he/she shall not forfeit his/her
medical health plans including dental, disability insurance, or life insurance.
Should such suspension be later modified or revoked, the employee shall be
entitled to receive payment for loss of income and benefits for any portion of the
suspension that is disapproved.
ARTICLE 13. SPECIAL PAY PROVISIONS
Section 1. Uniform Allowance — Whether or not said sworn employee wears a
traditional uniform, each sworn employee shall receive an annual uniform
allowance of one thousand three hundred dollars ($1,3000). The civilian position
of Police Records Supervisor shall receive an annual uniform allowance of four
hundred dollars ($400).
Section 2. Safety Equipment — The City shall provide the initial issue of
uniforms to include two (2) pants and two (2) shirts and, for sworn employees
utility equipment to include weapon, safety helmet, baton, and other safety
equipment as required by law or deemed necessary by the City. The City shall
replace and/or repair any equipment damaged within the course and scope of the
employees' employment. Recurring maintenance, repair, and/or replacement
due to normal wear shall be responsibility of the employee.
Section 3. Temporary Assignment Pay
A. The City shall provide a special assignment pay enhancement,
which recognizes multiple tours of duty to a maximum of five percent (5%) of
base salary as follows with the express understanding that the standard
departmental rotational requirements shall apply:
1. Special assignment pay may only be paid for one position and
cannot be combined with any other positions (i.e. a detective currently assigned to
the SWAT team will only receive a total of five percent (5%) of base salary special
assignment pay at any one time.
assignment.
assignments:
2. Special assignment pay lasts only through the term of the
3. The following list of assignments shall be considered special
a) Motorcycle Patrol Premium
b) Special Weapons and Tactics (SWAT)
c) Crisis Negotiator Team (CNT)
d) Detective Division Premium
e) Police Administrative Officer
f) Detention Services Premium
g) Rangemaster Premium
Section 4. Deferred Compensation
1. The City contributes twenty dollars ($20) per payroll period into a
deferred compensation program for the Police Records Supervisor
position.
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ARTICLE 14. COURT TIME
Section 1. An employee called for a subpoenaed court appearance which
arises out of the course of his/her employment and not contiguous with his/her
work shift shall be compensated for a minimum of two and two-thirds (2-2/3)
hours at the rate of one and one-half (1-1/2) times the employee's base hourly
rate of pay. Should the appearance exceed two and two-thirds (2-2/3) hours, the
employee shall receive pay for the actual appearance time, excluding any court
designated lunch period, at the rate of one and one-half (1-1/2) times the
employee's regular hourly rate of pay. Court appearance time shall begin when
the employee departs from the Police station to go directly to Court.
Section 2. Any appearance that is contiguous with a regular work shift is not
subject to the two and two-thirds (2-2/3) hours minimum. Any appearance that is
contiguous with a regular work shift is not subject to the one and one-half (1-1/2)
time rate unless the court appearance otherwise qualifies as overtime under this
MOU.
Section 3. All employees agree to comply with the "on-call" policies
administered by the Department. Should an officer be placed "on-call" during off
duty hours for court appearance(s), he/she shall be granted two (2) hours pay at
the employee's base hourly rate of pay for any "on-call" time prior to twelve
o'clock (12:00) noon and two (2) hours for all "on-call" time after twelve o'clock
(12:00) noon.
ARTICLE 15. CALL-BACK
Section 1. Employees who are called back to duty after having completed a
normal shift or work day assignment and departed from the work premises shall
be paid one and one-half (1-1/2) times the employee's base hourly rate of pay for
each hour worked on call-back. The number of hours calculated at one -and -one-
half (1-1/2) times shall not be less than four (4) hours. Should a call-back exceed
four (4) hours, the employee shall receive pay for the actual call-back time, at the
rate of one and one-half (1-1/2) times the employee's regular hourly rate of pay.
Call-back time shall commence from the time the employee is called back to
service.
Section 2. Employees who are off duty and respond for departmental training,
qualification or meetings shall be compensated a minimum of two and two-thirds
(2-2/3) hours per incident. This time shall be calculated atone and one-half (1-1/2)
times the employee's base hourly rate of pay. Should the incident exceed two and
two-thirds (2-2/3) hours, the employee shall receive pay for the actual incident time,
at the rate of one and one-half (1-1/2) times the employee's regular hourly rate of
pay.
ARTICLE 16. STAND-BY PAY
r�
Section 1. Police Sergeant(s) and Lieutenants may be assigned by the Chief
of Police to "stand-by" status.
Section 2. Police Sergeants and Lieutenants required to be on stand-by shall
be eligible to accrue up to a maximum of eight (8) hours of stand-by leave per
month, subject to the following limitations. During any such month when an
employee is required to be on stand-by for less than the entire month, the
maximum number of stand-by leave hours accrued shall be reduced in an
amount reflecting the pro -rated monthly time during which said employee is
expected to be "on stand-by." Such stand-by leave hours shall be maintained in
the employees' Stand-by Leave banks. The parties encourage employees to use
their stand-by leave within two (2) months after it is accrued. The employees
may not have an accumulated balance of more than twenty-four (24) hours of
stand-by leave at any time. If an employee's stand-by leave balance reaches
twenty-four (24) hours, his/her accrual of stand-by leave shall cease. The
employee's accrual of stand-by leave shall not begin again until the employee's
accumulated stand-by leave balance falls below twenty-four (24) hours.
Section 3. Police Captains nmmaand-erc shall be eligible to accrue up to a
maximum of ninety-six (96) hours of administrative leave on July 1st of each
year, subject to the following limitations. Such administrative leave hours shall
be maintained in the employees' Administrative Leave banks. The parties
encourage employees to use their administrative leave during the fiscal year
(July 1st through June 30th) in which it is accrued. An employee may not have
more than ninety-six (96) hours of administrative leave on the books at any time.
If an employee does not use all of his/her administrative leave within the fiscal
year in which the employee accrued it, he/she will not accrue the maximum
number of administrative leave hours in the next fiscal year. Instead, the
employee will only earn that number of administrative leave hours, on July 1st of
each year that will bring the employee's balance of administrative leave hours up
to the maximum number. Because administrative leave cannot be removed from
an employee once earned, and the parties do not want employees to have more
administrative leave on the books than would be received within the current fiscal
year, any hours of administrative leave carried over at the end of the fiscal year
results in the employee being unable to accrue that same amount of
administrative leave in the next fiscal year. Thus, for example, if an employee
uses only eighty (80) hours of administrative leave during a fiscal year and
carries over sixteen (16) hours of administrative leave to the next fiscal year, that
employee will only accrue eighty (80) hours of administrative leave on July 1st,
bringing the employee's administrative leave balance, on July 1st, up to the
ninety-six (96) hours maximum.
ARTICLE 17. MOVIE DETAIL
Section 1. Employees shall be paid seventy dollars ($70) per hour for outside
movie details. It is understood that time spent on movie detail is brokered
outside work and is not considered time worked for the purpose of calculation
9
City overtime compensation.
ARTICLE 18. EXPERIENCE PAY
For Employees Hired On or Before June 30, 2010:
Section 1. Qualified employees represented by the Association with a
minimum of ten (10) years of full-time service as a sworn peace officer with a
Municipal, County, or State Police agency meeting Police Officer Standards and
Training (P.O.S.T.) standards, or their equivalent, shall be eligible to receive
experience pay.
Section 2. To qualify for experience pay, an employee must meet the
minimum years of service required and receive an overall satisfactory
performance appraisal reviewed, approved, and signed by the Chief of Police,
his/her designee, or an individual acting in the capacity of the Chief of Police.
The recommendation of Experience Pay is subject to verification and approval by
the City Manager.
Section 3. Experience pay — Ten (10) Years of Service — After ten (10) years
of qualifying service, experience pay shall be paid at a rate of five percent (5%)
of the qualified employee's monthly base salary.
Section 4. Experience pay — Twenty (20) Years of Service — After twenty (20)
years of qualifying service, experience pay shall be paid at a rate of ten percent
(10%) of the qualified employee's monthly base salary.
Section 5. Experience pay -- Twenty-five (25) Years of City of Seal Beach
Service — After twenty-five (25) years of City of Seal Beach Service (only service
with the City of Seal Beach shall apply), experience pay shall be paid at a rate of
fifteen percent (15%) of the qualified employee's monthly base salary.
Section 6. Experience pay is not cumulative. Thus, an employee will only
receive the highest level of experience pay for which the employee is qualified. For
example, an employee reaching twenty (20) years of service as a sworn peace
officer with the City of Seal Beach, stops receiving the five percent (5%) level of
experience pay and begins receiving only the ten percent (10%) level of experience
pay. Such an employee does not receive both the five percent (5%) level and the
ten percent (10%) level, at the same time.
For Employees Hired On or After July 1, 2010:
Section 7. Qualified employees represented by the Association with a minimum
of ten (10) years of full time service as a sworn peace officer with the City of Seal
Beach shall be eligible to receive experience pay.
Section 8. To qualify for experience pay, an employee must meet the minimum
years of service required and receive an overall satisfactory performance appraisal
signed by the Chief of Police, his designate or an individual acting in his capacity.
Section 9. Experience pay shall be as follows:
A. After ten (10) years of City of Seal Beach sworn peace officer service,
experience pay shall be paid at a rate of five percent (5%) of the qualified
employee's monthly base salary.
B. After twenty (20) years of City of Seal Beach sworn peace officer
service, experience pay shall be paid at a rate of ten percent (10%) of the qualified
employee's monthly base salary.
C. After twenty-five (25) years of City of Seal Beach sworn peace officer
service, experience pay shall be paid at a rate of fifteen percent (15%) of the
qualified employee's monthly base salary.
Section 10. Experience pay is not cumulative. Thus, an employee will only
receive the highest level of experience pay for which the employee is qualified. For
example, an employee reaching twenty (20) years of service as a sworn peace
officer with the City of Seal Beach, stops receiving the five percent (5%) level of
experience pay and begins receiving only the ten percent (10%) level of experience
pay. Such an employee does not receive both the five percent (5%) level and the
ten percent (10%) level, at the same time.
Section 11. For Non -Sworn Employees:
1. Qualified non -sworn emDlovees represented by the Association with ten (10
years or more of consecutive Seal Beach service shall be eligible to receive
experience pay under only Section 3, above. Section 4,5, and 9 do not apply
to non -sworn employees represented by the Association.
ARTICLE 19. EDUCATION INCENTIVE PAY
Section 1. Forty-five (45) Semester Units of College Credits — Employees
covered by this Article who have completed forty-five (45) semester units of
credit from an accredited college or university with at least sixteen (16) units in
the field of Police Science shall receive three hundred dollars ($300) per month
in addition to his/her monthly base salary. This Article is only applicable to sworn
employees in the bargaining unit represented by the Association. Non -sworn
employees represented by the Association are not eligible for Education
Incentive Pay.
Section 2. Sixty (60) Semester Units of College Credits or Intermediate
P.O.S.T. Certification - Employees covered by this Article who have completed
sixty (60) semester units of credit from an accredited college or university with at
least nineteen (19) units in the field of Police Science or have attained a P.O.S.T.
11
Intermediate Certificate shall receive four hundred dollars ($400) per month in
addition to his/her monthly base salary.
Section 3. Bachelor of Arts/Bachelor of Science (BA/BS) Degree or Advanced
P.O.S.T. Certification - Employees covered by this Article who have completed
BA/BS Degree from an accredited college or university with at least twenty-two
(22) units in the field of Police Science or have attained a P.O.S.T. Advanced
Certificate shall receive five hundred dollars ($500) per month in addition to
his/her monthly base salary.
Section 4. The Education Incentive payment compensation shall be based on
achievements over and above the job requirements established in the position
classification plan for each classification. Payment to employees shall be based on
the highest achievement level only; e.g., employees with an Associate's and
Bachelor's degree will receive compensation for the Bachelor's degree only.
Section 5. Employees receiving Educational Incentive pay shall not lose that
pay if he/she is promoted to a classification which required the education for
which the employee is receiving the additional pay. If the minimum educational
requirements are lawfully changed during the term of the MOU, employees
receiving educational incentive pay will not be affected by such change and will
not result in any loss of such incentive pay.
Section 6. All payments under this Article are subject to verification and
approval by the City Manager.
Section 7. Employees serving an original probationary period shall be
ineligible to receive educational incentive pay.
ARTICLE 20. TUITION REIMBURSEMENT
Section 1. Tuition Reimbursement
A. Higher Education Degree Programs - Unit members attending
accredited community colleges, universities, and trade schools for the purpose of
obtaining a higher education degree may apply for reimbursement of tuition,
books, student fees and parking. Reimbursement is capped each calendar year
at the tuition rate of the Cal State University system for up to two (2) semesters
of full-time, undergraduate enrollment.
Reimbursement is contingent upon the successful completion of the
course. For any course that could be taken for a letter grade, it must be taken for
a letter grade and successful completion means a grade of "C" or better for
undergraduate courses and a grade of "B" or better for graduate courses. For
any course that can only be taken for a grade of "credit" or "no -credit", successful
completion means a grade of "credit". All claims for tuition reimbursement
require prior approval and are subject to verification and approval by the City
Manager. This tuition reimbursement does not pertain to P.O.S.T. courses
NIP)
attended on duty.
Example 1: Officer A attends California State University, Long Beach, for the
Spring 2812021 semester and completes two (2) 3 -unit undergraduate courses
with a grade of "C" or better. The tuition reimbursement would be calculated as
follows:
29172020-2-013-2021 State University Tuition $ 1,665.00 (0-6 units)
Required University Fees $ 528554.00 (approx.)
Parking $ 4-23175.00
Books $ 399535.00 (approx.)
TOTAL $ 2,6929.00
Example 2: Officer B attends California State
Spring 2017-2021 semester and completes
courses with a grade of "C" or better. The
calculated as follows:
2-0472020-2018-2021 State University Tuition
units)
University, Long Beach, for the
three (3) 3 -unit undergraduate
tuition reimbursement would be
$ 2,871.00 (6.1 7 or more
Required University Fees $ 52-8554.00 (approx.)
Parking $ 42-3175.00
Books $ 699535.00 (approx.)
TOTAL $ 4,422135.00
B. Professional Conventions and Conferences - Unit members who
attend job related conventions and conferences that are not sponsored by the
Department may submit for reimbursement under the tuition reimbursement
program for the cost of enrollment. Attendance of conventions and conferences
must be job related and pre -approved by the Chief of Police. The cost of travel,
sustenance, and lodging is not reimbursable under tuition reimbursement per IRS
Publication 970.
ARTICLE 21. PHYSICAL FITNESS PROGRAM
The physical fitness program is a voluntary program for all sworn officers utilizing
vacation hours as compensation for achieving goals within this program. The
details of this program are attached as Exhibit A to this MOU.
ARTICLE 22. TRAINING PROGRAMS
Section 1. The City shall pay reasonable expenses incurred by employees
attending approved training programs. Expenses include registration fees and
the costs of purchasing required course materials, travel to and from the training
course, meals and lodging shall be reimbursed per the City's adopted Per Diem
13
policy.
Section 2. When an employee is sent by the City to a training program which
is not a part of his/her regular work schedule, the employee shall receive eight
(8) hours pay for each full day of training and such eight (8) hours pay shall be
credited towards the computation of overtime.
ARTICLE 23. HOLIDAYS
Section 1. Recognized Holidays
The City will recognize the following designated holidays each fiscal year:
Independence Day (July 4th)
Labor Day
(1st Monday in September)
Veterans' Day
(November 11)
Thanksgiving Day
(4th Thursday in November)
Christmas Eve
(December 24th)
Christmas Day
(December 25th)
New Year's Day
(January 1st)
Martin Luther King Day
(3rd Monday in January)
Presidents' Day
(3rd Monday in February)
Memorial Day
(Last Monday in May)
Section 2. Floating Holidays
The City will also recognize two (2) floating holidays each fiscal year for
sworn employees in the bargaining unit. The City will also recognize one (1)
floating holiday each fiscal year for non -sworn employees in the bargaining unit.
Each unit sworn employee shall be eligible to accrue up to a maximum of two (2)
floating holidays on July 1st of each year, subject to the following limitations.
F-=-:4r--.h „^;t nnon-sworn employee shall be eligible to accrue up to a maximum of
one (1) floating holiday on July 1St of each year, subject to the following
limitations. The floating holidays shall be taken, or cashed out, during the fiscal
year (July 1st through June 30th) in which they are accrued. A sworn employee
may not have more than two (2) floating holidays on the books at any time. A_
non -sworn employee may not have more than one (1) floating holiday on the
books at any time. If an employee does not use, or cash out, all of his/her floating
holidays within the fiscal year in which the employee accrued them, he/she will
not earn the maximum number of additional floating holidays in the next fiscal
year. Instead, the employee will only earn that number of floating holidays, on
July 1st of each year that will bring the employee's balance of floating holidays
up to the maximum number. Thus, for example, if a sworn employee uses, or
cashes out, only one floating holiday during a fiscal year, that sworn employee
will only accrue one additional floating holiday on July 1st of the following fiscal
year, bringing the sworn employee's floating holiday balance up to two (2)
floating holidays. The parties encourage employees in the unit to use their
floating holidays. Since floating holidays cannot be removed from an employee
0
once earned, and the parties do not want employees to have more floating
holidays on the books than would be received within the current fiscal year, a
floating holiday(s) carried over at the end of the fiscal year results in the
employee being unable to earn that holiday(s) in the next fiscal year.
The date on which a floating holiday will be used may be individually
selected by the employee subject to the approval of the Chief of Police. Approval
will not normally be granted if it would require the Department to backfill the
employee's position at time -and -one-half to maintain necessary
staffing/deployment levels. A floating holiday cannot be used on any of the
designated holidays recognized by the City or on another floating holiday. To
request to use, or cash out, a floating holiday, an employee must submit a
completed "Request for leave/overtime and special pay report".
The past practice of the City in permitting the stacking of floating holidays
is specifically eliminated by the above language.
Section 3. Compensation for Holidays
A. Compensation for a Holiday when No Work is Performed on a
Holiday. When a holiday falls on a day that a sworn employee performs no work
(whether the day is the employee's scheduled work day or not), the employee
shall be paid twelve and one third (12.33) hours of holiday pay for the holiday, at
the employee's regular hourly rate of pay. When a holiday falls on a day that a
non -sworn employee performs no work (whether the day is the employee's
scheduled work day or not), the employee shall be paid ten (10) hours of holiday
pay for the holiday, at the employee's regular hourly rate of pay.
B. Compensation for a Holiday when Work is Performed on a Holiday.
When a holiday falls on a day that a sworn employee performs work (whether the
day is the employee's scheduled work day or not), the employee shall be paid as
follows:
1. If the holiday is Independence Day, Thanksgiving Day,
Christmas Day, or New Year's Day the employee shall be paid "hardship" pay as
follows:
a. Twelve and one third (12.33) hours of holiday pay for
the holiday, at the employee's regular hourly rate of pay per Section 3A, and
b. Pay for the number of hours of work the employee
actually performed on the holiday, at the rate of pay otherwise specified in this
MOU for such work hours, and
C. Pay for the number of hours of work the employee
actually performed on the holiday, at the employee's base hourly rate of pay.
15
Example 1: Officer A works 6 hours on Christmas Day. Officer A would earn pay
computed as follows:
Hours Pay Rate
12.33 hours holiday pay regular hourly rate
6 hours work pay regular hourly rate or overtime hourly rate, as
applicable under MOU
6 hours hardship pay base hourly rate
2. If the holiday is not Independence Day, Thanksgiving Day,
Christmas Day, or New Year's Day the employee shall be paid:
a. Twelve and one third (12.33) hours of holiday pay for
the holiday, at the employee's regular hourly rate of pay as per Section 3A, and
b. Pay for the number of hours of work the employee
actually performed on the holiday, at the rate of pay otherwise specified in this
MOU for such work hours.
Example 2: Officer B works eight (8) hours on Veterans' Day. Officer B would
earn pay computed as follows:
Hours Pay Rate
12.33 hours holiday pay regular hourly rate
8 hours work pay regular hourly rate or overtime hourly rate, as
applicable under MOU
C. The past practice of the City paying hardship holiday pay to an
employee on a designated hardship holiday when in fact said employee did not
work on the designated hardship holiday is specifically eliminated by the above
language.
Section 4. Conversion of Hardship Pay to Time Off
An employee may choose to convert any hardship pay to time off or non-
FLSA compensatory time at the rate of one hour of hardship pay converting to
one hour of time off or to one hour of non-FLSA compensatory time.
ARTICLE 24. FRINGE BENEFIT ADMINISTRATION
The City reserves the right to select the insurance carrier or administer any fringe
benefit program that now exist or may exist in the future during the term of this
MOU, unless otherwise specified within this MOU.
ARTICLE 25. FRINGE BENEFIT SELECTION AND FUNDING
In the administration of the fringe benefit programs, the City shall have the right
to select any insurance carrier or other method of providing coverage to fund the
benefits included under the terms of the MOU, provided that the benefits of the
employees and affected retirees shall be no less than those in existence as of
implementation of this MOU.
ARTICLE 26. FRINGE BENEFIT LIMITS
Section 1. City shall not pay premium or accrue any fringe benefits afforded
with this MOU for any employee on unpaid leave status, for more than fourteen
(14) consecutive calendar days, unless specifically provided for within this MOU,
authorized by the City Manager, or otherwise provided for by federal or state
"Family Leave Acts" and/or "Workers' Compensation" requirements.
Section 2. City shall not pay premiums or accrue any fringe benefits afforded
with this MOU for any employee who has been absent without authorization
during said month, suspended without pay, or who has terminated from City
employment unless specifically provided for within this MOU.
ARTICLE 27. FRINGE BENEFIT CHANGES
If, during the term of this MOU, any changes of insurance carrier or method of
funding for any benefit provided hereunder is contemplated, the City shall notify
the Association prior to any change of insurance carrier or method of funding the
coverage.
ARTICLE 28. HEALTH CARE COVERAGE
Section 1. Health Care Coverage
A. "Health Care Coverage"
The City shall contribute an equal amount towards the cost of Health Care
coverage under PEMHCA for both active sworn employees and retirees. The
City's contribution toward coverage under PEMHCA shall be the minimum
contribution amount established by CaIPERS on an annual basis. Effective Jul
aryary 1St , 20204-7 the City's contribution under PEMHCA shall be one hundred
forty tw"-threeeig-4t dollars ($1432-8).
r
r r I No M I III r_ MIMI! r
The City shall implement a full flex cafeteria plan for eligible employees in
accordance with the criteria provided to the employees during negotiations. For
employees participating in the City's full flex cafeteria plan, each employee shall
receive a monthly flex dollar allowance to be used for the purchase of benefits
under the full flex cafeteria plan. Beainnina January 1. 2021 the monthly flex
liVA
dollar allowance shall be:
Calendar Year 2021047
For single employees: $1,050
For employee +1 dependent: $1,454.41350
For employee + 2 or more dependents: $1,880.83600
A portion of the flex dollar allowance ($14320 is identified as the City's
contribution towards PEMHCA. The PEMHCA contribution will be subject to
change as the PEMHCA minimum contribution increases. Remaining flex dollars
will be used by employees to participate in the City's health plans.
B. Subject to Public Employees' Retirement System (PERS)
administration requirements, the City shall make available to eligible employees
participation in the group Health Care plans offered by CalPERS.
C. Employees who elect not to participate in the full flex cafeteria plan
may receive three -hundred and fifty dollars ^no theusand and fifty d-Giiars ($3x ;050)
per month (upon showing proof of health insurance coverage under an alternative
plan.) Employees that elected to opt out of the full flex cafeteria plan prior to July 1,
2020 will be permitted to receive one thousand fifty dollars ($1,050) per month
(upon showing proof of health insurance coverage under an alternative plan) until
June 30, 2022 and will thereafter receive three -hundred and fifty dollars ($350).
Election forms are available in Human Resources.
Section 2. Health Insurance Plan for Retirees
A. The City shall provide to any sworn retired employee (either service
or disability) who is hired after August 1, 1983 and on or before December 31,
2007, and retires after December 31, 2009, and who has attained the age of fifty
(50) the following group Health Care insurance benefits:
1. If the employee has fifteen (15) or more years of full-time City
of Seal Beach service, the City shall pay for such sworn retired employee at the
WRENN
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0
..
..
A portion of the flex dollar allowance ($14320 is identified as the City's
contribution towards PEMHCA. The PEMHCA contribution will be subject to
change as the PEMHCA minimum contribution increases. Remaining flex dollars
will be used by employees to participate in the City's health plans.
B. Subject to Public Employees' Retirement System (PERS)
administration requirements, the City shall make available to eligible employees
participation in the group Health Care plans offered by CalPERS.
C. Employees who elect not to participate in the full flex cafeteria plan
may receive three -hundred and fifty dollars ^no theusand and fifty d-Giiars ($3x ;050)
per month (upon showing proof of health insurance coverage under an alternative
plan.) Employees that elected to opt out of the full flex cafeteria plan prior to July 1,
2020 will be permitted to receive one thousand fifty dollars ($1,050) per month
(upon showing proof of health insurance coverage under an alternative plan) until
June 30, 2022 and will thereafter receive three -hundred and fifty dollars ($350).
Election forms are available in Human Resources.
Section 2. Health Insurance Plan for Retirees
A. The City shall provide to any sworn retired employee (either service
or disability) who is hired after August 1, 1983 and on or before December 31,
2007, and retires after December 31, 2009, and who has attained the age of fifty
(50) the following group Health Care insurance benefits:
1. If the employee has fifteen (15) or more years of full-time City
of Seal Beach service, the City shall pay for such sworn retired employee at the
rate of (a) the average of the two (2) lowest cost health care plans offered by
CaIPERS, or (b) the CaIPERS Kaiser HMO, whichever is greater. When the sworn
retired employee becomes Medicare eligible, the City's contribution will be capped
at the rate of (a) the average of the two (2) lowest cost Medicare supplement plans
offered by CalPERS, or (b) the CalPERS Kaiser HMO Medicare supplement plan,
whichever is greater.
2. If the employee has twenty (20) or more years of full-time City
of Seal Beach service, the City shall pay such retired employee and one
dependent, depending on the qualified dependent status, the group health care
insurance premium at the rate of (a) the average of the two (2) lowest cost health
care plans offered by CaIPERS, or (b) the CaIPERS Kaiser HMO, whichever is
greater. When the sworn retired employee becomes Medicare eligible, the City's
contribution will be capped at the rate of (a) the average of the two (2) lowest cost
Medicare supplement plans offered by CalPERS, or (b) the CalPERS Kaiser HMO
Medicare supplement plan, whichever is greater.
3. If the employee has twenty-five (25) or more years of full-time
City of Seal Beach service, the City shall pay such retired employee and
dependents, depending on the qualified dependent status, the group health care
insurance premium at the rate of (a) the average of the two (2) lowest cost health
care plans offered by CaIPERS, or (b) the CaIPERS Kaiser HMO, whichever is
greater. When the retired employee becomes Medicare eligible, the City's
contribution will be capped at the rate of (a) the average of the two (2) lowest cost
Medicare supplement plans offered by CalPERS, or (b) the CalPERS Kaiser HMO
Medicare supplement plan, whichever is greater.
B. The City shall provide to any sworn retired employee (either service
or disability) who is hired on or after January 1, 2008, and who has both fifteen (15)
or more years of full-time City of Seal Beach service and has attained the age of
fifty (50) the following group Health Care insurance benefits:
1. The City shall contribute at the minimum rate under
PEMHCA as mandated by CaIPERS.
C. In all cases, the City's contribution for eligible dependent coverage
for retirees shall terminate with the death of the retiree.
D. In the event an eligible retired employee resides in an area where
the health plans provided by the City are not in effect, that retired employee shall
be entitled to receive in cash each month an amount equal to the City flex
contribution at time of retirement.
ARTICLE 29. LIFE INSURANCE
The City shall pay one hundred percent (100%) of the premium for a term life
insurance policy with a face value of seventy-five thousand dollars ($75,000),
fi�7
and non -sworn with a face value of fifty thousand dollars ($50,000), double
indemnity accidental death benefit and a dependent death benefit in the amount
of one thousand dollars ($1,000) per dependent.
ARTICLE 30. DISABILITY INSURANCE PLAN
The City shall pay one hundred percent (100%) of the premium for the
"employee's long-term disability insurance plan with an income continuation of
not less than sixty-six and two-thirds percent (66-2/3%) of the employee's
monthly base salary, subject to caps and eligibility requirements as set forth
within the policy of the accepted carrier. Modifications to the plan shall be made
only after the City has met and consulted with the Association.
ARTICLE 31. SECTION 125 PLAN
The City will provide a Section 125 Plan (pre-tax deduction) for health, dental and
child care expenses. This plan will allow for payroll deduction from the
employee's salary as designated by the employee for the purpose of
participation. The maximum contributable dollar amount and plan year length is
administered and determined by the Human Resources at the direction of the
City Manager.
ARTICLE 32. ANNUAL PHYSICAL
The City shall provide a physical exam periodically as indicated below for the
purpose of detecting heart trouble and cancer for sworn unit members. The exam
shall be given by a City appointed physician who is acceptable to the Association.
Cost of said physical exam shall be borne by the City. The resulting diagnosis shall
be submitted to the City as well as the employee together with specifics of
corrective treatment.
Physical Exam Schedule:
New Employee 2nd year following appointment
Employee under 40 Alternate years
Employee 40 & Over Every year
ARTICLE 33. RETIREMENT
Rarfinn 1
A. The City shall make contributions for the public safety personnel
covered by this MOU to the PERS plan known as three percent at fifty (3% @ 50)
with those benefit options as provided for in the contract between the City and
PERS for employees defined by the Public Employees' Pension Reform Act
(PEPRA) as "classic members" (meaning those persons who were members of
PERS or a reciprocal California public pension plan as of December 31, 2012).
411
B. New employees/members hired on or after January 1, 2013 as
defined by PEPRA will be hired at the retirement formula in accordance with
PEPRA and other legislation. New members entering membership for the first
time in a Police Safety classification shall be eligible for the two point seven
percent at fifty-seven (2.7% @ 57) retirement formula for Local Safety members.
The employee contribution for new members shall be one-half the normal cost,
as determined by CalPERS. In no event shall the City make contributions to the
PERS plans for new members.
C. Modification(s) to the contract shall be made only after the City has
met and conferred with the Association and such modification(s) made a part of
the contract between the City and PERS consistent with the requirements of
PERS.
Section 2. The City shall make contributions for the non -sworn personnel
covered by this MOU to the PERS plan known as two percent at fifty-five
(2%(a-)_55) with those benefit options as provided for in the contract between the
City and PERS. New members entering membership for the first time as non -
sworn personnel shall be hired at the retirement formula in accordance with
PEPRA and other legislations. Modification(s) to the contract shall be made only
after the City has met and conferred with the Association and such
modification(s) made a part of the contract between the City and PERS
consistent with the requirements of PERS.
ARTICLE 34. HOURS OF WORK — WORK PERIOD
Section 1. Work Period
A. The work period for law enforcement personnel (as defined by the
Fair Labor Standards Act) shall be three hundred thirty-six (336) continuous hours
(fourteen (14) consecutive days). All full-time law enforcement personnel shall be
regularly assigned one of the following work schedules -
1 .
chedules:
1. "Three -Twelve" - three (3) consecutive three (3) day work
weeks consisting of three (3) twelve (12) hour and twenty (20) minute work days
followed by a four (4) day work week consisting of three (3) twelve (12) hour and
twenty (20) minute work days and one (1) twelve (12) hour work day.
2. "Four -Ten" - a work week consisting of ten (10) hours/day, four
(4) days/week.
3. "Five -Eight" - a work week consisting of eight (8) hours/day,
five (5) days/week.
Section 2. Three -Twelve Work Schedule
A. The standard workweek shall be thirty-seven (37) hours or forty-nine
21
(49) hours depending on the number of days worked in a workweek pursuant to
A.1. above.
B. For PERS reporting purposes, the nine (9) hours worked over forty
(40) during the forty-nine (49) hour work week of the work period will be considered
regular straight time hours for the intention to report forty (40) hours of regular
hours during a workweek.
Section 3. Reporting to California Public Employees' Retirement System
(PERS) - All regular hours worked, regardless of work schedule, shall be
reported to PERS.
ARTICLE 35. OVERTIME COMPENSATION
Section 1. Overtime Defined for Eligible Law Enforcement Personnel
A. Three -Twelve Workweek
Time worked in excess of eighty-six (86) hours in a FLSA work period as defined in
Article 34, Section 1.A. or time worked on scheduled days off.
B. Four -Ten Workweek
Time worked in excess of eighty-six (86) hours in a FLSA work period as defined in
Article 34, Section 1.A. or time worked on scheduled days off.
C. Five -Eight Workweek
Time worked in excess of eighty-six (86) hours in a FLSA work period as defined in
Article 34, Section 1.A. or time worked on scheduled days off.
Section 2. Compensation for Overtime
A. Authorized non-FLSA overtime shall be compensated in pay or
compensatory time at the rate of one -and -one-half (1-1/2) times the base hourly
rate of pay.
B. In computing overtime for a work period, time absent from duty as a
result of use of sick leave, vacation, holiday or compensatory time off shall not be
considered as time deemed to have been worked.
Section 3. Compensatory Time - Employees may elect to receive
compensatory time in lieu of pay for overtime subject to A. and B. below.
A. Should an employee desire to take compensatory time off, he/she
shall provide reasonable notice, i.e., no less than fourteen (14) calendar days
(one payroll cycle), and file a written request with the Chief of Police. The Chief
of Police shall grant compensatory time off based on departmental manpower
needs. If an employee fails to provide fourteen (14) calendar days (one payroll
M
cycle) advance notice to the Chief of Police, the Chief of Police shall consider the
request for compensatory time off and has discretionary authority to grant or
deny the request.
B. Employees shall be permitted to accumulate a maximum of
seventy-five (75) hours of compensatory time. An employee who has
accumulated seventy-five (75) hours of compensatory time will be reimbursed
within the pay period earned for any overtime in excess of seventy-five (75)
hours maximum.
C. An employee may, upon written request submitted to and approved
by the City Manager, receive reimbursement for the requested number of hours
of accumulated compensatory time below the cap of seventy-five (75) hours.
Reimbursement shall occur with the next regular payroll following the pay period
in which the employee's written request has been approved by the City Manager.
Section 4. Approval for Overtime - In order for an employee to earn
compensation for overtime, he/she must receive a supervisor's or the Chief of
Police's approval. Overtime worked to meet an emergency situation does not
require advance approval, but shall be certified by the Chief of Police before
being credited to the employee's record.
ARTICLE 36. VACATION
Section 1. Eligibility — All regular full-time employees having completed one (1)
year of continuous service with the department and annually thereafter, shall be
eligible for a paid vacation at their then existing rate of pay.
Section 2. Accrual — Vacation hours are accrued as follows:
A. Vacation leave is accumulated yearly and is computed on the basis
of the employee's hire date as a regular full-time or probationary employee.
B. Years of service, for purpose of vacation accrual, shall be from the
date of initial employment as a full-time probationary or regular employee to the
anniversary date concluding the full year of the designated year.
C. All eligible unit employees hired after February 1, 1998, will accrue
vacation leave by the following schedule:
Years Of
Hours
Max. Hourly Accrual
Annual
Service
Earned
Rate/Pay Period Bi -Weekly
Vacation Hours
0-5 Years
80
3.0769
80 hours
6-14
120
4.6153
120 hours
15-19
160
6.1538
160 hours
20+
200
7.6923
200 hours
D. An eligible employee hired on or before February 1, 1998, shall accrue
1691
vacation leave by the following schedule:
Years Of
Hourly Accrual Rate
Annual
Service
Per Pay Period
Accrual Rate
0-5 Years
4.615
120 hours
6
4.923
128 hours
7
5.231
136 hours
8
5.486
144 hours
9
5.539
152 hours
10-15
6.154
160 hours
16+
7.692
200 hours
Section 3. Maximum Accrual
A. An emDlovee may accumulate unused vacation to a maximum of four
hundred (400) hours. If the needs of the service require that an employee be
denied the use of accrued vacation time and such denial is anticipated to result in a
cessation of accrual, the employee may request that his maximum accrual be
increased to an amount not to exceed the amount accrued in the preceding thirty
six (36) month period. Such request must be submitted to the Chief of Police prior
to a cessation of accrual and is subiect to the ar)Droval of the Chief of Police and
City Manager.
hours.
B. The accrual of vacation shall cease when an employee's
accumulated vacation is at the maximum provided in this Section. Additional
vacation shall begin accruing when the employee's vacation balance falls below the
maximum.
C. An employee on Injury on Duty (IOD) status or leave may accrue
vacation up to the maximum under this section. Should the employee reach
maximum accumulation, the City shall cash out the equivalent hours that the
employee has taken for vacation during the fiscal year. Should the employee reach
maximum again after the cash out while still on IOD or leave, accruals shall cease.
Section 4. Use of Vacation — Vacation is granted as follows:
A. The time at which an employee's vacation is to occur shall be
determined by the Chief of Police with due regard for the wishes of the employee
and particular regard for the needs of the service.
B. Employees who have completed two (2) years or more of
continuous service may elect to be paid for up to a maximum of eighty (80) hours
of accumulated vacation up to twice per calendar year.
Section 5. Vacation Payment at Termination — Employees terminating
employment shall be paid in a lump sum for all accumulated vacation no later
than the next regular payday following termination. If the termination is due to
I%zl
death of the employee, the employee's beneficiary designated on the City's life
insurance policy form in the employee's personnel file shall receive the
employee's pay for unused vacation. In the event an employee has not
designated a beneficiary, the payment shall be made to the estate of the
employee.
Section 6. Vacation Accrual During Leave of Absence — No vacation shall be
earned during any leave of absence without pay for each fourteen (14) day pay
period of such leave.
Section 7. Prohibition Against Working for City During Vacation — Employees
shall not work for the City during his/her vacation and, thereby receive double
compensation from the City.
ARTICLE 37. LEAVE OF ABSENCE
Section 1. Authorized Leave of Absence Without Pay — Authorized Leave of
Absence Without Pay is granted as follows:
A. Upon the Chief of Police's recommendation and approval of the
City Manager, an employee may be granted a leave of absence without pay in
cases of an emergency or where such absence would not be contrary to the best
interest of the City, for a period not to exceed ninety (90) working days.
B. Upon written request of the employee, the City Council may grant a
leave of absence, with or without pay, for a period not to exceed one (1) year.
C. At the expiration of the approved leave of absence, after notice to
return to duty, the employee shall be reinstated to the position held at the time
the leave of absence was granted. Failure on the part of the employee to report
promptly at such leave of absence's expiration and receipt of notice to return to
duty, shall be cause for discharge.
D. During any authorized leave of absence without pay, an employee
shall not be eligible to accumulate or receive fringe benefits except as specifically
provided for in this Memorandum of Understanding, except that the City shall
contribute to an employee's medical and dental health plan, disability insurance
plan, and life insurance plan for the first thirty (30) calendar days of the leave of
absence.
ARTICLE 38. UNAUTHORIZED ABSENCE
Unauthorized absence is days, or portions of days, wherein an employee is
absent from work without City approval. Unless subsequently approved, such
absence will result in a deduction from the employee's pay of an amount
equivalent to the time absent. Employees taking unauthorized absence may be
subject to disciplinary action, up to and including termination of employment.
25
ARTICLE 39. BEREAVEMENT LEAVE
Section 1. Employees may be granted up to forty (40) hours of bereavement
leave, by the reason of the death in their family which shall be restricted and
limited to immediate family by reason of biology, marriage, or adoption, or all
degree of relatives not listed but living within the household of the employee.
Family lineage covered by this provision:
• Spouse or Registered Domestic Partner
• Father and Mother (Including Step parent and adoptive parent)
• Father and Mother In -Law
• Grandparent
• Brother and Sister (Including step sibling or sibling due to legal adoption)
• Child (Including step child, child due to marriage or legal adoption)
• Grandchild (Including step grandchild, due to marriage or legal adoption)
• All degree of relatives not listed but living within the household of the
employee
ARTICLE 40. MILITARY LEAVE OF ABSENCE
Section 1. Military leave shall be granted in accordance with the provisions of
State law. All employees entitled to military leave shall give the Chief of Police
an opportunity within the limits of military regulations to determine when such
leave shall be taken. Whenever possible, the employee involved shall notify the
Chief of Police of such leave request ten (10) working days in advance of the
beginning of the leave.
Section 2. In addition to provisions of State law, the City shall continue to
provide eligible employees on military leave the current health benefits (medical,
dental, disability, and life insurance) and retirement (if applicable) for the first
three (3) months of military leave. During said period, the employee shall be
required to pay the City the same co -payments as required of other employees.
After the first three (3) months of military leave, the employee may continue said
benefits at his/her cost.
ARTICLE 41.
This article was intentionally left blank and has been reserved for future use.
ARTICLE 42. JURY DUTY
Section 1. Jury Duty is granted as follows:
A. Employees required to report for jury duty shall be granted leave of
absence for such purpose, upon presentation of jury notice to the Chief of Police.
491
Said employees shall receive full payment for the time served on jury duty,
provided the employee remits any fees received for such jury service, excluding
payment for mileage, to the City's Department of Finance. Compensation for
mileage, subsistence or similar auxiliary allowance shall not be considered as a
fee and shall be returned to the employee by the Department of Finance.
B. If the sum of the employee's jury duty responsibility is less than a
full work day, the employee shall contact his/her supervisor as to the feasibility of
returning to work that day.
ARTICLE 43. SICK LEAVE
Section 1. Accrual - Sworn Positions
A. Sick leave shall be accrued at the rate of twelve and one-third (12-
1/3) hours per calendar month for each calendar month that the sworn employee
has worked regularly scheduled hours and/or has been on authorized leave which
provides for full pay, for at least fifteen (15) working days in that month.
B. Sick leave accrued pursuant to A. above for sworn unit employees
hired prior to July 1, 1985, will be placed into the established sick leave bank at
the rate of twelve and one-third (12-1/3) hours per calendar month for each
calendar month that the employee has worked regularly scheduled hours. This
new sick leave bank, established February 4, 1998, cannot be cashed out for
disability retirement. Accumulated sick leave shall not be used to postpone the
effective date of retirement as determined by the City.
C. Employees who are on authorized leaves of absence, without pay,
shall not accrue sick leave hours during said leaves of absence.
D. There is no limit on the amount of sick leave that an employee may
accumulate.
E. An employee may be paid for unused sick leave pursuant to the
following:
1. Employees who have not completed fifteen (15) years of
services with the City will not be eligible to be paid for any accumulated sick leave,
nor shall any accumulated sick leave be used to postpone the effective date of
retirement as determined by the City.
2. Upon separation from the City, employees who have
completed a minimum of fifteen (15) years of service with the City shall have the
choice to:
a) Be paid for the accumulated sick leave up to twenty
percent (20%) of the accumulated sick leave bank.
b) Convert the hours to eight (8) hours work days and
report to CalPERS for service credit.
27
c) Or any combination of pay and service credit
(maximum twenty percent [ 20%] payout compensation of total/accumulated sick
leave bank at the time of separation).
d) Compensation shall be at the employees' final hourly
rate of pay.
e) Accumulated sick leave shall not be used to postpone
the effective date of the retirement as determined by the City.
3. Employees employed prior to July 1, 1985, who are retired
because of work related disabilities will be paid all of their accumulated sick leave at
their final base hourly rate of pay. Accumulated sick leave shall not be used to
postpone the effective date of retirement as determined by the City. Any sick leave
accrued after February 4, 1998 will be placed in the sick leave bank set forth in
Section 1.13 above, and is not eligible for this payout provision.
Section 2. Sick Leave During Vacation — An employee who becomes ill while
on vacation may have such period of illness charged to his/her accumulated sick
leave provided as follows:
A. Immediately upon return to duty, the employee submits to his/her
supervisor a written request for sick leave and a written statement signed by
his/her physician describing the nature and dates of the illness.
B. The Chief of Police recommends and the City Manager approves
the granting of such sick leave.
Section 3. Extended Sick Leave — In the event of an employee's continuing
illness which results in depletion of sick leave accumulation, the employee may
request in writing, to the Chief of Police and City Manager, a leave of absence
without pay for the purpose of recovering from the illness, provided:
A. The employee has used all accumulated sick leave.
B. The employee presents to his department head for referral to and
consideration by the City Manager, a written explanation of the employee's
illness and an estimate of the time needed for recovery signed by the employee's
physician.
C. Prior to resuming his/her duties, the employee may be required to
take a medical examination at City expense and provide a medical release to
return to work from the employee's physician as prescribed by the City Manager.
The employment record and the results of such examination shall be considered
by the City Manager in determining the employee's fitness to return to work.
D. The maximum period of such leave shall be ninety (90) calendar
days. If the employee desires an extension, he/she shall follow, prior to the
termination of the initial leave, the procedure described in Section 3.13 above.
9.1
Section 4. General Sick Leave Provisions — Sick leave shall not be granted for
disability arising from any sickness or injury purposely self-inflicted or caused by
an employee's own willful misconduct and negligence.
Section 5. Fitness for Duty - The Chief of Police may require employees to
present proof of physical fitness for duty for sick leaves in excess of three (3)
consecutive working days for those on a twelve (12) hour shift and in excess of
four (4) consecutive working days for those on other shifts.
Section 6. Accrual and Payvement-MuSGe"aneousNon-Sworn Positions
A. All full-time ^ellane usnon-sworn employees covered by this
section shall accrue sick leave at the rate of ten (10) hours per month.
The maximum of sick leave hours shall be 520 hours.
B. Existing sick leave balances which have remained intact and have not
been converted to leave time may be utilized by the employee for sick
leave purposes only.
C. Uoon termination of emolovment with the Citv. all leave hours will be
paid to the employee at the employee's base hourly rate of pay.
Existing sick leave balances, which have remained intact and have not
been converted to leave time, will be paid to the employee upon
termination at one-auarter (25%) of the emolovee's base hourly rate of
D. Non -Sworn Employees who are on authorized leaves of absence,
without pay, shall not accrue sick leave hours during said leaves of
absence.
Section 7. The Sick Leave during Vacation and Extended Sick Leave
provisions in above Section 2 and 3 is also applied to the position of Police
Records Supervisor.
ARTICLE 44. CATASTROPHIC LEAVE
Section 1. Establishment — A Catastrophic Leave Program for the Association
was established which allows donation of paid time for employees represented
by the Association.
Section 2. Purpose — The purpose of the Catastrophic Leave Pool is to enable
full-time employees to receive and donate vacation, administrative leave, and
compensatory time off (CTO) leave credits on an hour for hour basis to assist
employees who have no remaining leave bank balances and who will suffer a
financial hardship due to prolonged illness or injury to themselves, or a member
of their immediate family. Sick Leave is excluded from this program. The
1464
conditions of this program are as follows:
A. Catastrophic Leave will be available only to employees who have
exhausted their own paid leave through bona fide serious illness or accident.
B. The leave pool shall be administered by the Finance Department.
C. Employees must be in regular full-time appointed positions to be
eligible for catastrophic leave.
D. Employees receiving Long -Term Disability payments may
participate in this program, but may not receive combined payments that would
exceed their normal take home pay.
E. All donations are to be confidential, between the donating
employee and the Finance Department.
F. Employees donating to the pool must have forty (40) hours of paid
leave available after making a donation.
G. Donating employees must complete a Catastrophic Leave Program
form with a signed authorization, and includes specifying the specific employee
to be a recipient of the donation.
H. Donations will be subject to applicable tax laws.
I. The availability of Catastrophic Leave shall not delay or prevent the
City from taking action to medically separate or disability retire an employee.
J. Catastrophic Leave due to illness or injury of an immediate family
member may require medical justification as evidenced by a Physician's
Statement that the presence of the employee is necessary.
K. Catastrophic Leave due to illness or injury of the employee will
require medical justification as evidenced by a Physician's Statement as to the
employee's ability to perform normal duties.
ARTICLE 45. FAMILY LEAVE (FMLA/CFRA)
Family Leave (FMLA/CFRA) request procedures are established by City
Manager Administrative Directive, Section 200-21 and are incorporated herein by
reference, and shall govern.
ARTICLE 46. ON-THE-JOB INJURY
Sworn employees who are disabled by injury or illness arising out of and in the
course of their duties as public safety employees of the City shall be entitled to
the benefits of California Labor Code, Section 4850, as the Section now exists or
30
is hereinafter amended. Any payment made pursuant to this section shall not be
charged as sick leave; sick leave and vacation benefits shall accrue during the
period of disability pursuant to the provisions of California Labor Code, Section
4850.
ARTICLE 47. OFF -THE -JOB INJURY
An employee injured outside of his/her service with the City shall be
compensated through the disability insurance plan provided by the City.
ARTICLE 48. PERSONNEL RULES AND REGULATIONS
Section 1. The Personnel Rules and Regulations are incorporated herein by
reference, and shall govern. If there is a conflict between the Personnel Rules
and Regulations and a specific provision of this MOU, the MOU provision shall
be applied.
Section 2. The Association and the Union agree that all City Council Policies
and City Manager Administrative Directives are incorporated herein by reference,
and shall continue to govern.
ARTICLE 49. PROBATIONARY PERIODS
Section 1. Appointment Following Probation Period — Regular full-time
appointment is granted as follows:
A. The original appointment and promotional appointment of
employees shall be tentative and subject to a probationary period of twelve (12)
months of service.
B. When unusual circumstances merit the extension of the
probationary period, the Chief of Police shall request in writing for the approval of
City Manager. Said extension shall not exceed one hundred eighty (180)
calendar days. Human Resources shall notify the Chief of Police and the
probationer concerned no less than two weeks prior to the termination of any
probationary period.
C. If the service of a probationary employee has been satisfactory, the
Chief of Police shall file with Human Resources a statement in writing that the
retention of the employee is desired. No actions changing an employee's status
from probationary to regular full-time shall be made or become effective until
approved by the City Manager.
Section 2. Objective of Probationary Period — The probationary period shall be
regarded as a part of the testing process and shall be utilized for closely
observing the employee's work, for securing the most effective adjustment of a
new employee to his/her position, and for rejecting any probationary employee
whose performance does not meet the required standards of the Department.
31
Section 3. Employee Performance Appraisal — Appraisal are conducted as
follows:
A. Each probationary employee shall have his/her performance
evaluated at the end of each three (3) months of service or at more frequent
intervals when deemed necessary by the Chief of Police. Permanent employees
shall have their performance evaluated annually or at more frequent intervals
when deemed necessary by the Chief of Police. Such evaluation shall be
reported in writing and in the form approved by Human Resources.
B. The written appraisal report of an employee's performance
evaluation shall be filed in triplicates, the original to be filed with Human
Resources and made a part of the employee's personnel records, one copy to be
retained by the Department, and one copy to be given to the employee.
Section 4. Rejection of Probationary Employee — A probationary employee
can be rejected as follows:
A. During the probationary period an employee may be suspended,
demoted, or rejected anytime by the Chief of Police, with the approval of the City
Manager, without cause and without right of appeal, except the right of appeal of
punitive actions as may be provided by law. Notification of rejection in writing
shall be served on the probationary employee and a copy with Human
Resources. A termination interview may be conducted with each rejected
probationer.
B. An exception will be applied where the probationary employee's job
termination or dismissal is based on charges of misconduct which stigmatizes
his/her reputation or seriously impairs his/her opportunity to earn a living, or
which might seriously damage his standing and association in this community.
Where there is such a deprivation of a "liberty interest," the employee shall be
given pre -disciplinary procedural due process as defined in the City of Seal Bach
Personnel Rules and Regulations and this Memorandum of Understanding. Prior
to the disciplinary action becoming final, the employee must be notified of his
right to the appeal procedure.
ARTICLE 50. LAYOFF PROCEDURES
The policy for layoff procedures in the City of Seal Beach's Rules and
Regulations are incorporated herein by reference, and shall continue to govern.
ARTICLE 51. MOU REOPENERS
Section 1. The parties shall reopen any provision of this MOU for the purpose
of complying with any final order of a Federal or State Agency or Court of
competent jurisdiction requiring a modification or change in any provision or
provisions of this MOU, in order to comply with State or Federal laws.
32
ARTICLE 52.
This article was intentionally left blank and has been reserved for future use.
ARTICLE 53. NO STRIKE - NO LOCKOUT
Section 1. The Association, its officers, agents, representatives and/or
members agree that during the term of this MOU they will not cause or condone
any strike, walkout, slowdown, sickout, or any other job action by withholding or
refusing to perform services.
Section 2. The City agrees that it shall not lockout its employees during the
term of this MOU. The term "lockout" is hereby defined so as not to include the
discharge, suspension termination, layoff, failure to recall or failure to return to
work of employees of the City in the exercise of its rights as set forth in any of the
provisions of this MOU or applicable ordinance or law.
Section 3. Any employee who participates in any conduct prohibited in Section
1 above may be subject to disciplinary action up to and including discharge.
Section 4. In the event that any one or more officers, agents, representatives
or members of the Association engage in any of the conduct prohibited in Section
1 above, the Association shall immediately instruct any persons engaging in such
conduct that they must immediately cease engaging in conduct prohibited in
Section 1 above and return to work.
ARTICLE 54. EMERGENCY WAIVER PROVISION
Section 1. In the event of circumstances beyond the control of the City, such
as acts of God, fire, flood, insurrection, civil disorder, national emergency or
similar circumstances if the City Manager or his/her designee so declares, any
provisions of this MOU or the Personnel Rules or Resolutions of the City, which
restrict the City's ability to respond to these emergencies, shall be suspended for
the duration of such emergency. After the emergency is declared over, the
Association shall have the right to meet and confer with the City regarding the
impact on employees of the suspension of these provisions in the MOU and any
personnel rules and policies.
ARTICLE 55. SEPARABILITY PROVISION
Should any provision of this MOU be found to be inoperative, void, or invalid by a
court of competent jurisdiction, all other provisions of this MOU shall remain in
full force and effect.
ARTICLE 56. SAVINGS CLAUSE
33
Section 1. Both parties declare that the sections, paragraphs, sentences,
clauses and phrases of this Memorandum of Understanding are severable, and if
any phrase, clause, sentence, paragraph or section of the Memorandum of
Understanding hereby adopted shall be declared unconstitutional or otherwise
invalid by the judgment or decree of a court of competent jurisdiction, such
unconstitutionality or invalidity shall not affect any of the remaining phrases,
clauses, sentences, paragraphs and sections of this Memorandum of
Understanding.
ARTICLE 57. RATIFICATION
This Memorandum of Understanding is subject to approval and adoption by the
City Council and ratification by the required number of duly authorized
representatives of the Association. Following such ratification, approval and
adoption, the Memorandum of Understanding shall be implemented by the
appropriate resolution(s), ordinance(s), or other written action of the City Council.
For the CITY OF SEAL BEACH
Date:
Jill R. Ingram, City Manager
For the SEAL BEACH POLICE
MANAGEMENT ASSOCIATION:
Date:
Lieutenant, Nicholas Nicholas, cn+ Mi h e
€tee}, PMA President
Patrick Gallegos, Assistant City Manager
Sgt. Chris Hendrix Sgt nn,Ghael 1-- enders
PMA Vice President
34
EXHIBIT A
SEAL BEACH POLICE PHYSICAL FITNESS PROGRAM
INTRODUCTION
The physical fitness program is a voluntary program for all sworn officers.
Officers work out on their off duty time and may, depending upon availability of
funds and staffing needs, in return receive compensation back to them after
meeting the minimum requirements of the tests at the end of each six (6) month
period. Officers may receive up to twenty (20) hours of vacation time by meeting
the requirements of the test at the end of each six (6) month period. The
maximum time each officer will be able to achieve is up to forty (40) vacation
hours earned annually for as long as the officer continues successfully in the
program.
ENROLLMENT
To start the program, each officer must contact the Physical Fitness Committee
and advise them of your intent. You will need to have a doctor's release to allow
you to participate in the program. A copy of the physical requirements of the
physical fitness program should be reviewed by your doctor when obtaining your
release. For details of the annual physical exam refer to Article 32 of the
S.B.P.M.A. M.O.U.
TESTING
Each officer participating will be tested every six months, specifically in the
months of January and July. A minimum level has been established for each test.
Participants will have to move up a category or reach maintenance level
indicated on each test by age group. At one (1) year and six (6) months,
participants will be required to be at the maintenance level. Once the
maintenance level has been attained, participants will have to maintain that level
on subsequent tests. Testing each six (6) month period will validate the awarding
of vacation time. Testing may be conducted during on -duty hours at the Watch
Commanders discretion. The Physical Fitness Committee will perform the
testing.
ALLOCATION OF HOURS
Employees will be awarded four hours for successfully completing each test as
set forth in TESTING above. No employee shall receive any hours if they fail to
meet the minimum standards for at least three of the five tests.
35
PHYSICAL FITNESS COMMITTEE
The Physical Fitness Committee shall be comprised of four (4) members - two (2)
to be appointed by the SBPOA Board of Directors, and two (2) to be appointed
by the Chief of Police. The Physical Fitness Committee is established to retain
administrative control over the program. All committee members shall be active
participants in the program. The committee will be responsible for examining
problems and disputes that arise from the administration of the program. The
committee will be the formal arbitrators on these matters.
VALIDATED MEDICAL PROBLEM CLAUSE
Those officers who for validated medical reasons cannot participate in the fitness
program as designed may contact the Physical Fitness Committee for program
modification. Validated medical problems are those diagnosed by a physician as
limiting participation in a certain activity.
REQUIRED TEST
The physical fitness needs of Police Officers fall into three areas:
• Cardio Fitness
• Strength
• Flexibility
The tests outlined below may be modified by the Physical Fitness Committee as
necessary.
The tests used in this program to evaluate fitness in these areas will be:
Cardio fitness 1.5 Mile run
Strength Push-ups Sit-ups Pull-ups
Flexibility Forward Stretch
MEDICAL COVERAGE
Participation in the program will be on a voluntary basis.
Any exercise workouts done under this program, i.e. weight lifting, contact sports,
running, etc. would not be covered for benefits under Workers Compensation,
The city will not provide blanket coverage for any injury which could conceivably
be claimed under the pretext of participation in the Physical Fitness Program.
All employees must receive clearance from their personal physician prior to
beginning program participation.
36
CARDIO FITNESS TESTS - 1.5 Mile Run
Officers will run a one point five (1.5) mile course established by the Training
Unit. The time needed to cover the distance is recorded and compared to the
standards on the chart.
This test is an excellent indication of the condition of the heart and lungs as it
measures ones aerobic capacity or the ability of the heart and lungs to utilize
oxygen.
Under 30 Below
30-34 Below 35-39 Below
Excellent
10:15
11:00
11:30
Good
10:16-12:00
11:01-12:30
11:31-13:00
Fair
12:01-14:30
12:31-15:00
13:01-15:30
Poor
14:31-16:30
15:01-17:00
15:31-17:30
Very Poor
16:31 -Above
17:01 -Above
17:31 -Above
Maintenance Level
11:00
12:00
12:30
Minimum Level
14:30
15:15
15:30
40-44 Below
40-49 Below
50 + Below
Excellent
12:00
12:15
12:30
Good
12:01-13:30
12:16-13:45
12:31-14:30
Fair
13:31-16:00
13:46-16:15
14:31-17:00
Poor
16:01-18:00
16:16-18:15
17:01-19:00
Very Poor
18:01 -Above
18:16 -Above
19:01 -Above
Maintenance Level
13:00
13:30
14:00
Minimum Level
15:45
16:00
16:45
STRENGTH TESTS
The body is maintained in a prone position supported by straight arms on the
hands and toes. A partner places his fist on the ground below the officer's chest.
The officer must keep his back straight at all times and from the up position,
lower him/herself to the floor until his chest touches his partner's hand and then
push to the up position again. The officer can rest in the up position. The total
number of correct push-ups are recorded and compared to the standards on the
chart.
This test measures muscle endurance and a low level of muscle endurance
indicates an inefficiency in movement and a poor capacity to perform work. This
test measures mainly the muscles of both the chest and upper arm which are
important in physical confrontations such as pushing, pulling, controlling, and
handcuffing.
37
Under 30
30-39
40-49
50 +
Excellent
43-
37-
30-
25+
Good
28-42
23-36
20-29
17-24
Fair
20-27
17-22
15-19
12-16
Poor
5-19
3-16
2-14
2-11
Very Poor
4 -Below
2 -Below
2 -Below
1 -Below
Maintenance Level
40
35
25
18
Minimum Level
18
15
13
11
PULL-UPS
Officer will hold bar with the palms away from the body. Arms are extended out
straight in the beginning position with the feet off the ground. Officer must pull his
body up to a position where his chin is above the bar for one repetition; the total
number of correct pull-ups are recorded and compared to the standards on the
chart.
In lieu of pull-ups, officers may choose to do the "La Pull". Officers are required
to pull down seventy percent (70%) of their body weight ten (10) times in order to
achieve maintenance level.
Under 30
30-39
40-49
50+
Excellent
9 & Above
7 & Above
6 & Above
5 & Above
Good
8
6
5
4
Fair
6-7
4-5
3-4
2-3
Poor
5
3
2
1
Very Poor
4 & Above
2 & Above
1 & Above
0
Maintenance Level
8
6
5
4
Minimum Level
5
3
2
1
SIT-UPS
Officer starts by lying on his/her back, knees bent heels flat on the floor and arms
folded across the chest. A partner holds the feet down. In the up position, the
officer will touch his elbows to his knees and then return to the starting position,
not placing their shoulder blades on the ground before starting the next sit-up.
This is a continuous exercise, no resting. The total number of correct sit-ups are
recorded and compared to the standards on the chart.
This test measures muscular endurance in the abdominal muscle group, an area
of great concern to the sedentary individual. Much evidence exists of the
correlation between poor abdominal muscle development, excessive fat tissue
and lower back problems.
*1 CONTINUOUS MINUTE *
Under 30
30-39
40-49
50+
Excellent
51 & Above
45 & Above
40 & Above
36 & Above
Good
40-50
34-44
27-39
23-39
Fair
35-39
29-33
20-26
16-22
Poor
24-34
18-28
7-19
6-15
Very Poor
23-
17-
6-
5 -
Maintenance Level
45
40
35
30
Minimum Level
30
25
20
15
FLEXIBILITY
Officer sits on the ground with his legs out straight in front of him. Heels of feet
are placed against a 4 X 4 or similar object. Officer bends forward and reaches
towards his toes with his fingertips as far as he can. The distance above or below
his heels is measured. The distance is recorded as plus or minus inches. Plus
inches is below the heels and negative is above the heels. Compare the results
against the standards on the chart.
Under 30 30-39
40-49
50 +
Excellent
+10" & Below
+9" & Below
+8" & Below
+7" & Below
Good
+4" to 9.5"
+ 3.5" to 8.5"
+1" to 7.5"
0 to +6.5"
Fair
+1.5" to 3.5"
+1" to 3"
-2" to +.5"
-3" to -.5"
Poor
-4.5" to +1"
-6.5" to +.5"
-9" & Above
-10" to 3.5"
Very Poor
-5" & Above
-7" & Above
-9.5 & Above
-10.5"& Above
Maintenance Level
+5"
+4"
+1"
0"
Minimum Level
0"
-2"
-4"
-5"
39
SEAL BEACH POLICE OFFICERS
ASSOCIATION
MEMORANDUM OF UNDERSTANDING
0 49
6� 411h
ROCCAPORATE6
r IRIS
RESOLUTION xxxx- Exhibit B
EXPIRES: June UNE 30120238
SEAL BEACH POLICE OFFICERS ASSOCIATION
TABLE OF CONTENTS
ARTICLE I - RECOGNITION.................................................................................1
Section1...................................................................................................1
Section2...................................................................................................1
Section3...................................................................................................1
ARTICLE II - EMPLOYEE ORGANIZATIONAL DUES AND OTHER
DEDUCTIONS............................................................................................1
Section 1. Dues and Benefit Deductions....................................................1
Section 2. Other Deductions......................................................................2
ARTICLE III - CITY RIGHTS..................................................................................2
Section1...................................................................................................2
Section2...................................................................................................3
ARTICLE IV - NON-DISCRIMINATION...............................................................3
Section1...................................................................................................3
Section2...................................................................................................3
ARTICLE V - COMPENSATION PLAN................................................................3
Section 1. Basic Compensation Plan........................................................3
Section 2. Advancement within Salary Grades.........................................4
Section 3. Salary Increases Following Promotion.....................................4
Section 4. Salary Decreases Following Demotion....................................5
Section 5. Adjustments of Salary Grades.................................................5
Section 6. Salary and Benefits on Suspension..........................................5
Section 7. Salaries during Term of Memorandum of Understanding ........5
ARTICLE VI - SPECIAL PAY PROVISIONS........................................................6
Section 1.
Uniform Allowance and Safety Equipment................................6
Section 2.
Temporary Assignment Pay.....................................................7
Section 3.
Court Time...............................................................................8
Section4.
Call-back...................................................................................8
Section 5.
Training Programs.....................................................................8
Section 6.
Educational Incentive Pay - .......................................................9
Section 7.
Stand-by Pay...........................................................................10
Section 8.
- For Employees
-For Employees
Experience Pay .......................................................................10
-I-or Before Ii ine 30 2010• .................10
Hired tt
Hired On or Aft I
After r L y 1, 2010• ....................1
1
Section 9. Movie Detail............................................................................11
Section 10. Bilingual Compensation........................................................11
SeGtien 1 1 . lno_Timo Bonus Payment....................................................1 7
ARTICLE VII - FRINGE BENEFIT ADMINISTRATION......................................11
Section 1. Administration........................................................................11
Section 2. Selection and Funding...........................................................12
Section3. Limits......................................................................................12
Section4. Changes..................................................................................12
ARTICLE VIII - HEALTH CARE COVERAGE AND, LIFE AND DISABILITY
INSURANCE.............................................................................................12
Section 1.
Health Care Coverage............................................................12
Section 2.
Health Insurance Plan for Retirees.........................................13
Section 3.
Life Insurance Plan.................................................................14
Section 4.
Disability Insurance Plan.........................................................14
Section 5.
Annual Physical.......................................................................14
ARTICLE IX - RETIREMENT...............................................................................15
ARTICLE X - HOURS OF WORK........................................................................15
Section 1. Work Period............................................................................15
Section 2. Three -Twelve Work Schedule.................................................16
ARTICLE XI - OVERTIME COMPENSATION.....................................................16
Section 1. Overtime Defined....................................................................16
Section 2. Compensation for Overtime....................................................16
Section 3. Compensatory Time................................................................16
Section 4. Overtime Reporting.................................................................17
ARTICLE XII - HOLIDAYS...............................................................................1748
Section1.............................................................................................. 17
Section2...................................................................................................17
Section3...................................................................................................18
Section4...................................................................................................19
ARTICLE XIII - VACATION..................................................................................19
Section 1. Eligibility..................................................................................19
Section2. Accrual....................................................................................19
Section 3. Maximum Accrual....................................................................20
Section 4. Use of Vacation.......................................................................21
Section 5. Vacation Payment at Termination...........................................21
Section 6. Vacation Accrual During Leave of Absence ............................21
Section 7. Prohibition Against Working for City During Vacation .............21
ARTICLE XIV - LEAVES OF ABSENCE..............................................................21
Section 1.
Authorized Leave of Absence Without Pay .............................21
Section 2.
Bereavement Leave................................................................22
Section 3.
Military Leave of Absence.......................................................22
Section 4.
(Intentionally Left Blank - RESERVED)..................................223
Section 5.
Unauthorized Absence............................................................23
Section 6.
Catastrophic Leave.................................................................23
ARTICLE XV - JURY DUTY.................................................................................24
Section 1. Compensation for Jury Duty..................................................245
ARTICLE XVI - SICK LEAVE...............................................................................24
Section 1.
General Sick Leave Provisions...............................................25
Section 2.
Eligibility..................................................................................25
Section3.
Accrual....................................................................................25
Section 4.
Accumulation and Payment....................................................25
Section 5.
Sick Leave During Vacation....................................................26
Section 6.
Extended Sick Leave..............................................................26
Section 7.
Family Leave...........................................................................26
Section 8.
On The Job Injury ....................................................................27
Section 9.
Off The Job Injury ....................................................................27
ARTICLE XVII - PROBATIONARY PERIODS...................................................27
Section 1. Appointment Following Probation Period................................27
Section 2. Objective of Probationary Period............................................28
Section 3. Employee Performance Appraisal...........................................28
Section 4. Rejection of Probationary Employee.................................28
ARTICLE XVIII - LAYOFF PROCEDURES.......................................................29
Section1. Policy........................................................................................29
ARTICLE XIX - MISCELLANEOUS PROVISIONS..............................................29
Section 1. Tuition Reimbursement .......................................................2939
Section 2. Physical Fitness Program ...................................................3034
ARTICLE XX - ENTIRE MEMORANDUM OF UNDERSTANDING ...................30
Section1.................................................................................................30
Section2.................................................................................................30
Section3.................................................................................................31
ARTICLE XXI - CONCERTED REFUSAL TO WORK.......................................31
Section 1. Prohibited Conduct..................................................................31
Section 2. Association Responsibility.......................................................31
ARTICLE XXII - EMERGENCY WAIVER PROVISION.....................................31
Section 1..31
................................................................................
ARTICLE XXIII - SEPARABILITY......................................................................32
Section1 ............................... ..................................................
ARTICLE XXIV - PERSONNEL RULES AND REGULATIONS .........................32
Section 1.................... 32
................................................................................
ARTICLE XXV - MOU REOPENERS................................................................32
Section1 ................ .................................................................
ARTICLE XXVI - TERM OF MEMORANDUM OF UNDERSTANDING.............34
Section1.................................................................................................34
Section2...................................................................................................34
ARTICLE XXVII - RATIFICATION.....................................................................33
Section1..................................................................................33
EXHIBITA............................................................................................................34
0
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
CITY OF SEAL BEACH
AND THE
SEAL BEACH POLICE OFFICERS ASSOCIATION
ARTICLE I - RECOGNITION
Section 1. Pursuant to the provisions of the Employer -Employee Relations
Ordinance No. 769, as amended, the City of Seal Beach (hereinafter called the
"City" and/or "Employer" interchangeably) has recognized, for the purpose of this
Memorandum of Understanding (MOU), the Seal Beach Police Officers Association
("SBPOK and/or "Association" interchangeably) as the majority representative of
the employees in the bargaining unit, which includes Police Department full-time
employees in the classifications and assignments of: a) Police Officer and b) Police
Corporal.
Section 2. The City recognizes the Association as the representative of the
employees in the classifications and assignments set forth in Section 1. above for
the purpose of meeting its obligations under this Memorandum of Understanding,
the Meyers-Milias-Brown Act, Government Code Section 3500 et seq., when City
Rules, Regulations, or laws affecting wages, hours, and/or other terms and
conditions of employment are amended or changed.
Section 3. The City agrees that the representatives of Association, not to exceed
six (6) in number, shall be entitled to meet and confer with Management during said
representatives' normal working hours without suffering any loss in pay while
absent from their duties for such purpose, providing that such time per person shall
not be unreasonable. The City also agrees that such representatives may utilize
not more than six (6) hours per month or seventy-two (72) hours per year without
suffering any loss in pay for such absence for the purpose of meeting with
employees who are represented by the Association and/or other officers of
Association.
ARTICLE II - EMPLOYEE ORGANIZATIONAL DUES AND OTHER
DEDUCTIONS
Section 1. - Dues and Benefit Deductions
A. The City will provide voluntary payroll deductions for all employees
represented by the Association for regular and periodic dues and benefit program
premiums as specified by agreement between the City and the Association and
signed by the member. The Authorization Form content shall be mutually agreed to
by the Association and the City.
B. The City shall remit such funds to the Association within twenty-one
(21) calendar days following the deductions.
C. With regard to deductions under this Section 1, the Association
agrees to hold the City harmless and indemnify the City against any claims, causes
of actions, or lawsuits arising out of the deductions or transmittal of such funds to
the Association, except the intentional failure of the City to transmit to the
Association monies deducted from the employees pursuant to this Section.
Section 2. Other Deductions
The City shall make payroll deductions for purposes of an employee
depositing funds or making payments directly to a Federal Credit Union, providing
that any deductions shall not be less than two dollars ($2.00) on a bi-weekly basis.
ARTICLE III - CITY RIGHTS
Section 1. The City reserves, retains, and is vested with, solely and exclusively,
all rights of Management which have not been expressly abridged by specific
provisions of this MOU or by law in the exercise of its rights to manage the
business of the City, as such rights existed prior to the execution of this MOU. The
sole and exclusive rights of management, not abridged by this MOU or by law, shall
include, but not be limited to, the following rights:
A. To determine the nature, manner, means, technology, and extent of
services and activities to be provided to the public.
B. To determine and/or change the facilities, methods, technology,
means and size of the work force by which the City operations are to be conducted.
C. To determine and change the number of locations, and types of
operations, processes and materials to be used in carrying out all City functions
including, but not limited to, the right to contract for or subcontract for any work or
operation.
D. To assign work to and schedule employees in accordance with
requirements as determined by the City, and to establish and change work
schedules and assignments.
E. To establish and modify employee performance standards and
productivity and performance programs including, but not limited to, quality and
quantity standards, and to require compliance therewith.
F. To establish and promulgate and/or modify rules and regulations to
maintain order, safety, and efficiency in the City, its facilities and operations.
G. To determine policies, procedures and standards for the selection,
training and promotion of employees.
K
H. To discharge, suspend, demote or otherwise discipline employees for
proper cause in accordance with the provisions and procedures set forth in
departmental disciplinary procedure.
Section 2. Where the City is required to make changes in its operations because
of the requirements of law, or whenever the contemplated exercise of City Rights
shall impact the wages, hours, and other terms and conditions of employment of
the bargaining unit, the City agrees to meet and confer in good faith with
representatives of the Association regarding the impact of the contemplated
exercise of such rights prior to exercising such rights, unless the matter of the
exercise of such rights is provided for in this MOU.
ARTICLE IV - NON-DISCRIMINATION
Section 1. The City and the Association agree that they shall not discriminate
against any employee because of race, color, sex, age, national origin, political or
religious opinions or affiliations or sexual orientation. The City and the Association
shall reopen any provision of this MOU for the purpose of complying with any final
order of the federal or state agency or court of competent jurisdiction requiring a
modification or change in any provision or provisions of this MOU in compliance
with state or federal anti -discrimination laws.
Section 2. Whenever the masculine gender is used in this MOU, it shall be
understood to include the feminine gender.
ARTICLE V - COMPENSATION PLAN
Section 1. Basic Compensation Plan
A. All employees covered by this MOU shall be included under the Basic
Compensation Plan. Every classification under this Plan shall be assigned a
monthly base salary grade adopted by the City Council. The salary schedule shall
consist of five (5) steps within each grade.
B. The first step is a minimum rate and is normally the hiring rate for the
classification. An employee may be assigned, upon appointment, to other than the
normal entering salary step within the assigned grade upon the recommendation of
the Chief of Police and the approval of the City Manager when it is decided that
such action is in the best interest of the City.
C. The second step, B step, is a merit adjustment which may be given at
the end of six (6) months of employment subject to the recommendation of the
Police Chief and approval of the City Manager.
D. The third, fourth, and fifth steps are merit adjustments to encourage
an employee to improve his work and to recognize increased skill on the job.
Employees are normally eligible for these adjustments at any time after the
9
completion of one (1) year of service at the preceding step. Each adjustment may
be made subject to the recommendation of the Chief of Police and approval of the
City Manager.
Section 2. Advancement within Salary Grades
A. In order to properly compensate an employee, advancement in base
salary shall be based on merit.
B. Advancement in salary shall not be automatic, but shall depend upon
increased service value of the employee to the City.
C. The Chief of Police and/or the employees' immediate supervisor shall
be responsible to evaluate employees fairly in an unbiased fashion for the
determination of job performance. Advancement shall be made only upon
recommendation of the Chief of Police with approval of the City Manager.
D. An employee must be reviewed at least once every twelve (12)
months from the effective date of his last performance step increase, special
performance advancement or promotion. Nothing contained herein shall restrict the
Chief of Police from denying the increase after evaluation, nor shall it prevent him
from recommending special performance advancement in salary at any time when
unusual or outstanding achievement has been demonstrated.
E. It shall be the responsibility of each supervisor to establish realistic
achievement levels for each step increase within a base salary grade.
Achievement levels may be formal or informal and shall be reviewed by the Chief of
Police for the purpose of maintaining uniformity of standards throughout the
department.
Section 3. Salary Increases Following Promotion
A. Promotional Appointment - When an employee is promoted to a
position with a higher base salary grade, the employee shall be compensated at a
step of the salary grade assigned to the new position that is closest to providing a
five percent (5%) salary increase over the monthly base salary received
immediately prior to promotion.
B. Temporary Appointment - In special circumstances, when in the best
interest of the City, the City Manager may approve a temporary assignment of an
employee to a higher-level classification. In such temporary assignments lasting
thirty (30) consecutive calendar days or more, the employee shall be compensated
at a step of the monthly base salary grade assigned to the new position that is
closest to providing a five percent (5%) salary increase over the monthly base
salary received immediately prior to the temporary appointment.
E
Section 4. Salary Decreases Followina Demotion
In the case of a demotion of any employee represented by the Association
to a classification with a lower maximum salary, such employee shall be assigned
to the appropriate salary step in the new classification as recommended by the
Chief of Police and approved by the City Manager. The employee shall retain his
previous anniversary date.
Section 5. Adjustments of Salary Grades
When a salary grade for a given classification is revised upward or
downward, the incumbents of positions and classifications affected shall have their
existing monthly base salary adjusted to the same relative step in the new salary
grade and their anniversary date shall not be changed.
Section 6. Salary and Benefits on Suspension
During suspension from the City service for disciplinary cause, an employee
shall forfeit all rights, privileges and salary, except he shall not forfeit his health
plans including dental, disability insurance, or life insurance. Should such
suspension be later modified or revoked, the employee shall be entitled to receive
payment for loss of income and benefits for any portion of the suspension that is
disapproved.
Section 7. Salaries during Term of Memorandum of Understanding
duringThe following salary grade increases shall be provided to employees
represented by the Association. The salary grade increases shall be effective
the first full pay period in JuIz., --- payFell pe -Fie -d- r---A-.P:imeRGiRg d61FiRg the
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Position Grade Increase
Police Officer 27 2% - 30% based on *GPI
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3) Effective the first full pay period in July 2022: ayf9" „e Gd ;R '„',•
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Position Grade Increase
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ARTICLE VI - SPECIAL PAY PROVISIONS
Section 1. Uniform Allowance and Safety Equipment
A. An employee, whether or not said employee wears a traditional
uniform, shall receive an annual uniform allowance of one thousand three hundred
dollars ($1,3000) effective the first payroll period following July 1st of each fiscal
year. An officer assigned as a motor officer shall receive an additional annual
uniform allowance of two hundred forty dollars ($240) effective the first payroll
period following July 1st of each fiscal year.
B. The City shall provide the initial issue of uniforms to include two (2)
pants and two (2) shirts and utility equipment to include weapon, safety helmet,
baton, and other safety equipment as required by law or deemed necessary by the
City. The City shall replace and/or repair any equipment damaged within the
course and scope of the employee's employment. Recurring maintenance, repair
and/or replacement due to normal wear shall be the responsibility of the employee.
C. An employee assigned as a motor officer shall receive an initial issue
of required uniform items incident to such duty. Such items include, but are not
limited to: jacket, boots, gloves, and two (2) pair of trousers.
n
Section 2. Temporary Assignment Pay
A. Field Training Officer (Regular Police Officer Trainees) - Each Officer
performing duties of a Field Training Officer for Regular Police Officer Trainees
shall receive one-hour compensation at straight time either as pay at employee
base hourly rate of pay or compensatory time off for each shift of recruit training. A
shift shall be understood to be six (6) or more hours.
B. Field Training Officer (Voluntary Reserve Officers) - Each eligible
employee performing the duties of a Field Training Officer for Voluntary Reserve
Officers shall receive one (1) hour compensation at straight time either as pay at
employee base hourly rate of pay or compensatory time off for each shift of recruit
training. A shift shall be understood to be six (6) or more hours.
C. Orange County Regional Lab Team — An officer assigned as an on-
call investigator in any specialty for the Orange County Regional Lab Team for the
purpose of responding to clandestine drug laboratories shall receive four (4) hours
compensation at (straight time) as either pay at employee base hourly rate of pay
or compensatory time off per month for being subject to callout.
D. The City shall provide a special assignment pay enhancement, which
recognizes multiple tours of duty to a maximum of five percent (5%) of base
salary as follows with the express understanding that the standard departmental
rotational requirements shall apply:
1. Special assignment pay may only be paid for one (1) position
and cannot be combined with any other positions (i.e. a detective currently
assigned to the SWAT team will only receive a total of five percent (5%) of base
salary special assignment pay at any one time.
assignment.
assignments:
2. Special assignment pay lasts only through the term of the
3. The following list of assignments shall be considered special
a) Motorcycle Patrol Premium
b) Special Weapons and Tactics (SWAT)
c) Crisis Negotiator Team (CNT)
d) Detective Division Premium
e) Police Administrative Officer
f) Detention Services Premium
g) Rangemaster Premium
7
Section 3. Court Time
A. An employee called for a subpoenaed court appearance which arises
out of the course of his employment and not contiguous with his work shift shall be
compensated for a minimum of two -and -two-thirds (2-2/3) hours at the rate of one
and one-half (1-1/2) times the employee's base hourly rate of pay. Should the
appearance exceed two and two-thirds (2-2/3) hours, the employee shall receive
pay for the actual appearance time, excluding any court designated lunch period, at
the rate of one and one-half (1-1/2) times the employee's regular hourly rate of pay.
Court appearance time shall begin when the employee departs from the Police
station to go directly to Court.
B. Any appearance that is contiguous with a regular work shift is not
subject to the two and two-thirds (2-2/3) hours minimum. Any appearance that is
contiguous with a regular work shift is not subject to the one and one-half (1-1/2)
time rate unless the court appearance otherwise qualifies as overtime under this
MOU.
C. All employees agree to comply with the "on-call" policies
administered by the department. Should an officer be placed "on-call" during off
duty hours for court appearance(s), he shall be granted two (2) hours pay at the
employee's base hourly rate of pay for any on call time prior to twelve o'clock
(12:00) noon and two (2) hours for all "on-call" time after twelve o'clock (12:00)
noon.
Section 4. Call-back
A. Employees who are called back to duty after having completed a
normal shift or work day assignment and departed from the work premises shall be
paid one and one-half (1-1/2) times the employee's base hourly rate of pay for each
hour worked on call-back. The number of hours calculated at one and one-half (1-
1/2) times shall not be less than four hours. Should a call-back exceed four (4)
hours, the employee shall receive pay for the actual call-back time, at the rate of
one and one-half (1-1/2) times the employee's regular hourly rate of pay. Call-back
time shall commence from the time the employee is called back to service.
B. Employees who are off duty and respond for departmental training,
qualification or meetings shall be compensated a minimum of two and two-thirds (2-
2/3) hours per incident. This time shall be calculated at one and one-half (1-1/2)
times the employee's base hourly rate of pay. Should the incident exceed two and
two-thirds (2-2/3) hours, the employee shall receive pay for the actual incident time,
at the rate of one and one-half (1-1/2) times the employee's regular hourly rate of
pay.
Section 5. Training Programs
A. The City shall pay reasonable expenses incurred by employees
attending approved training programs. Expenses include registration fees and the
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costs of purchasing required course materials, travel to and from the training
course, meals and lodging shall be reimbursed per the City's adopted Per Diem
policy.
B. When an employee is sent by the City to a training program which is
not a part of his regular work schedule, the employee shall receive eight (8) hours
pay for each full day of training and such eight (8) hours pay shall be credited
towards the computation of overtime.
Section 6. Educational Incentive Pay -
A. Employees covered by this section who have completed forty-five
(45) semester units of credit from an accredited college or university with at least
sixteen (16) units in the field of Police Science shall receive the following
compensation in addition to their monthly base salary:
Police Officer/Police Corporal $175/month
B. Employees covered by this section who have completed sixty (60)
semester units of credit from an accredited college or university with at least
nineteen (19) units in the field of Police Science or have attained a POST
Intermediate Certificate shall receive the following compensation in addition to their
monthly base salary:
Police Officer/Police Corporal $275/month
C. Employees covered by this section who have completed a Bachelor's
Degree from an accredited college or university with at least twenty-two (22) units in
the field of Police Science or have attained a POST Advance Certificate shall
receive the following compensation in addition to their monthly base salary:
Police Officer/Police Corporal $375/month
D. The above payment compensation shall be based on achievements
over and above the job requirements established in the position classification plan
for each classification. Payment to employees shall be based on the highest
achievement level only; e.g., employees with an Associate's and Bachelor's degree
will receive compensation for the Bachelor's degree only.
E. Employees receiving Educational Incentive Pay shall not lose that
pay if they are promoted to a classification which requires the education for which
the employee is receiving the additional pay. If the minimum educational
requirements are lawfully changed during the term of the MOU, employees
receiving educational incentive pay will not be affected by such change and will not
suffer any loss of such incentive pay.
01
F. All payments under this Section are subject to verification and
approval by the City Manager.
G. Employees serving an original probationary period shall be ineligible
to receive educational incentive pay.
Section 7. Stand-by Pay
A. Detective Supervisor(s) may be assigned by the Chief of Police to
"stand-by" status.
B. Detective Supervisors who are specifically assigned to respond,
twenty-four (24) hours per day, to incidents shall receive eight (8) hours of
compensatory time off per month. During any such month where the employee is
so assigned for less than the entire month, the number of compensatory time off
hours shall be reduced in an amount reflecting the pro -rated monthly time during
which the employee was so assigned. Such compensatory time off hours shall be
maintained in an account separate from and in addition to compensatory time off
hours described in Article XI, Section 3. Any compensatory time off hours earned
in accord with this Section, and not utilized by July 31st of any year shall be
forfeited effective July 31 st of any year and not converted to cash.
C. Each affected employee who is assigned to the Detective Bureau and
who is on "stand-by" weekend duty shall be provided two (2) hours (at straight time)
of compensatory time off or pay at employee base hourly rate of pay per each
weekend day. "Weekend" is described as Saturday, Sunday or any holiday
preceding or following the weekend day, in the absence of any normally assigned
detective.
Section 8. Experience Pay
For Employees Hired On or Before June 30, 2010:
A. Qualified employees represented by the Association with a minimum
of ten (10) years of full time service as a sworn peace officer with a Municipal,
County or State Police agency meeting POST standards, or their equivalent, shall
be eligible to receive experience pay.
B. To qualify for experience pay, an employee must meet the minimum
years of service required and receive an overall satisfactory performance appraisal
signed by the Chief of Police, his designate or an individual acting in his capacity.
C. Experience Pay shall be as follows:
1. After ten (10) years of service, experience pay shall be paid at
a rate of five percent (5%) of the qualified employee's monthly base salary.
Tito]
2. After twenty (20) years of service, experience pay shall be
paid at a rate of ten percent (10%) of the qualified employee's monthly base salary.
3. After twenty-five (25) years of City of Seal Beach sworn peace
officer service (only service with the City of Seal Beach shall apply), experience pay
shall be paid at a rate of fifteen percent (15%) of the qualified employee's monthly
base salary.
4. Experience pay is not cumulative. Thus, an employee will only
receive the highest level of experience pay for which the employee is qualified. For
example, an employee reaching twenty (20) years of qualifying service stops
receiving the five percent (5%) level of experience pay and begins receiving only
the ten percent (10%) level of experience pay. Such an employee does not receive
both the five percent (5%) level and the ten percent (10%) level, at the same time.
For Employees Hired On or After July 1, 2010:
A. Qualified employees represented by the Association with a minimum
of ten (10) years of full time service as a sworn peace officer with the City of Seal
Beach shall be eligible to receive experience pay.
B. To qualify for experience pay, an employee must meet the minimum
years of service required and receive an overall satisfactory performance appraisal
signed by the Chief of Police, his designate or an individual acting in his capacity.
C. Experience pay shall be as follows:
1. After ten (10) years of City of Seal Beach sworn peace officer
service, experience pay shall be paid at a rate of five percent (5%) of the qualified
employee's monthly base salary.
2. After twenty (20) years of City of Seal Beach sworn peace
officer service, experience pay shall be paid at a rate of ten percent (10%) of the
qualified employee's monthly base salary.
3. After twenty-five (25) years of City of Seal Beach sworn peace
officer service, experience pay shall be paid at a rate of fifteen percent (15%) of the
qualified employee's monthly base salary.
4. Experience pay is not cumulative. Thus, an employee will only
receive the highest level of experience pay for which the employee is qualified. For
example, an employee reaching twenty (20) years of service as a sworn peace
officer with the City of Seal Beach, stops receiving the five percent (5%) level of
experience pay and begins receiving only the ten percent (10%) level of experience
pay. Such an employee does not receive both the five percent (5%) level and the
ten percent (10%) level, at the same time.
11
Section 9. Movie Detail
Unit employees shall be paid seventy dollars ($70) per hour for outside
movie details. It is understood that time spent on movie details is brokered outside
work and is not considered time worked for the purpose of calculating City overtime
compensation.
Section 10. Bilingual Compensation
Upon the recommendation of the Chief of Police, the City Manager may
award a bilingual compensation bonus of fifty-two dollars and fifty cents ($52.50)
per payroll period to an officer utilized by the Department for his/her bilingual skills.
The City Manager shall require the taking of competency tests to certify the
employee as eligible for bilingual compensation based on the employee's
proficiency in speaking the language determined to be required. Such certification
shall be a condition precedent to qualifying for bilingual compensation.
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ARTICLE VII - FRINGE BENEFIT ADMINISTRATION
Section 1. Administration
The City reserves the right to select the insurance carrier or administer any
fringe benefit programs that now exist or may exist in the future during the term of
this MOU unless otherwise specified within this MOU.
Section 2. Selection and Funding
In the administration of the fringe benefit programs, the City shall have the
right to select any insurance carrier or other method of providing coverage to fund
the benefits included under the terms of the MOU, provided that the benefits of the
employees and affected retirees shall be no less than those in existence as of
implementation of this MOU.
Section 3. Limits
A. City shall not pay premiums or accrue any fringe benefits afforded
with this MOU for any employee on unpaid leave status, for more than fourteen (14)
consecutive calendar days, unless specifically provided for within this MOU,
authorized by the City Manager or otherwise provided for by federal or state "Family
Leave Acts" and/or "Workers Compensation" requirements.
B. City shall not pay premiums or accrue any fringe benefits afforded
with this MOU for any employee who has been absent without authorization during
said month, suspended without pay, or who has terminated from City employment
unless specifically provided for within this MOU.
C. City shall not pay premiums or accrue any fringe benefits afforded
with this MOU for any employee when such premiums or fringe benefits are
provided to the employee through Workers Compensation and/or the Disability
Insurance Plan.
Section 4. Changes
If, during the term of this MOU, any changes of insurance carrier or method
of funding for any benefit provided hereunder is contemplated, the City shall notify
the Association prior to any change of insurance carrier or method of funding the
coverage.
ARTICLE VIII - HEALTH CARE COVERAGE AND, LIFE AND DISABILITY
INSURANCE
Section 1. Health Care Coveraae
A. "Health Care Coverage." The City shall contribute an equal amount
towards the cost of Health Care coverage under PEMHCA for both active
employees and retirees. The City's contribution toward coverage under PEMHCA
shall be the minimum contribution amount established by CalPERS on an annual
basis. Effective July 1, 202104-7 the City's contribution under PEMHCA shall be
one hundred forty three t w eRty eight -dollars ($14320.
The City shall implement a full flex cafeteria plan for eligible employees in
accordance with the criteria provided to the employees during negotiations. For
employees participating in the City's full flex cafeteria plan, each employee shall
receive a monthly flex dollar allowance to be used for the purchase of benefits
under the full flex cafeteria plan. Beginning January 1, 2021 the monthly flex
dollar allowance shall be:
13
Calendar Year 20214-7
For single employees: $1,050
For employee +1 dependent: $1,454.41350
For employee +2 or more dependents: $1,880.83600
A portion of the flex dollar allowance ($1434-28) is identified as the City's
contribution towards PEMHCA. The PEMHCA contribution will be subject to
change as the PEMHCA minimum contribution increases. Remaining flex dollars
will be used by employees to participate in the City's health plans.
B. Subject to Public Employees' Retirement System (PERS)
administration requirements, the City shall make available to eligible employees
participation in the group Health Care plans offered by PERS.
C. Employees who elect not to participate in the full flex cafeteria plan
may receive three -hundred and fifty dollars one thousand and fiftydollars
($35040) per month (upon showing proof of health insurance coverage under an
alternative plan). Employees that elected to opt out of the full flex cafeteria plan
prior to July 1, 2020 will be permitted to receive one thousand fifty dollars ($1,050)
per month (upon showing proof of health insurance coverage under an alternative
plan) until June 30,2022 and will thereafter receive three -hundred and fifty dollars
350. Election forms are available in Human Resources.
Section 2. Health Insurance Plan for Retirees
A. The City shall provide to any retired employee (either service or
disability), who is hired after August 1, 1983 and on or before December 31, 2007,
and retires after December 31, 2009, and who has attained the age of fifty (50) the
following group health care insurance benefits:
1. If the employee has fifteen (15) or more years of full-time City
of Seal Beach service, the City shall pay for such retired employee at the rate of (a)
the average of the two (2) lowest cost health care plans offered by CalPERS, or (b)
the CalPERS Kaiser HMO, whichever is greater. When the retired employee
becomes Medicare eligible, the City's contribution will be capped at the rate of (a)
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A portion of the flex dollar allowance ($1434-28) is identified as the City's
contribution towards PEMHCA. The PEMHCA contribution will be subject to
change as the PEMHCA minimum contribution increases. Remaining flex dollars
will be used by employees to participate in the City's health plans.
B. Subject to Public Employees' Retirement System (PERS)
administration requirements, the City shall make available to eligible employees
participation in the group Health Care plans offered by PERS.
C. Employees who elect not to participate in the full flex cafeteria plan
may receive three -hundred and fifty dollars one thousand and fiftydollars
($35040) per month (upon showing proof of health insurance coverage under an
alternative plan). Employees that elected to opt out of the full flex cafeteria plan
prior to July 1, 2020 will be permitted to receive one thousand fifty dollars ($1,050)
per month (upon showing proof of health insurance coverage under an alternative
plan) until June 30,2022 and will thereafter receive three -hundred and fifty dollars
350. Election forms are available in Human Resources.
Section 2. Health Insurance Plan for Retirees
A. The City shall provide to any retired employee (either service or
disability), who is hired after August 1, 1983 and on or before December 31, 2007,
and retires after December 31, 2009, and who has attained the age of fifty (50) the
following group health care insurance benefits:
1. If the employee has fifteen (15) or more years of full-time City
of Seal Beach service, the City shall pay for such retired employee at the rate of (a)
the average of the two (2) lowest cost health care plans offered by CalPERS, or (b)
the CalPERS Kaiser HMO, whichever is greater. When the retired employee
becomes Medicare eligible, the City's contribution will be capped at the rate of (a)
0
the average of the two (2) lowest cost Medicare supplement plans offered by
CalPERS, or (b) the CalPERS Kaiser HMO Medicare supplement plan, whichever
is greater.
2. If the employee has twenty (20) or more years of full-time City
of Seal Beach service, the City shall pay such retired employee and one
dependent, depending on the qualified dependent status, the group health care
insurance premium at the rate of (a) the average of the two (2) lowest cost health
care plans offered by CaIPERS, or (b) the CalPERS Kaiser HMO, whichever is
greater. When the retired employee becomes Medicare eligible, the City's
contribution will be capped at the rate of (a) the average of the two (2) lowest cost
Medicare supplement plans offered by CalPERS, or (b) the CalPERS Kaiser HMO
Medicare supplement plan, whichever is greater.
3. If the employee has twenty-five (25) or more years of full-time
City of Seal Beach service, the City shall pay such retired employee and
dependents, depending on the qualified dependent status, the group health care
insurance premium at the rate of (a) the average of the two (2) lowest cost health
care plans offered by CaIPERS, or (b) the CalPERS Kaiser HMO, whichever is
greater. When the retired employee becomes Medicare eligible, the City's
contribution will be capped at the rate of (a) the average of the two (2) lowest cost
Medicare supplement plans offered by CalPERS, or (b) the CalPERS Kaiser HMO
Medicare supplement plan, whichever is greater.
B. The City shall provide to any retired employee (either service or
disability) who is hired on or after January 1, 2008, and who has both fifteen (15) or
more years of full-time City of Seal Beach service and has attained the age of fifty
(50) the following group Healthcare insurance benefits:
The City shall contribute the minimum PEMHCA rate as determined by
CalPERS.
Section 3. Life Insurance Plan
The City shall pay one hundred percent (100%) of the premium for a term
life insurance policy with a face value of seventy-five thousand dollars _(
$75,000), double indemnity accidental death benefit and a dependent death
benefit in the amount of one thousand dollars ($1,000) per dependent.
Section 4. Disabilitv Insurance Plan
The City shall pay one hundred percent (100%) of the premium for the
"employee's" long-term disability insurance plan with an income continuation of not
less than sixty-six and two-thirds percent (66-2/3%) of the employee's monthly base
salary subject to caps and eligibility requirements as set forth within the policy of the
accepted carrier. Modifications to the plan shall be made only after the City has
met and consulted with the Association.
15
Section 5. Annual Physical
The City shall provide a physical exam periodically as indicated below for the
purpose of detecting heart trouble and cancer. The exam shall be given by a City
appointed physician who is acceptable to the Association. Cost of said physical
exam shall be borne by the City. The resulting diagnosis shall be submitted to the
City as well as the employee together with specifics of corrective treatment.
Physical Exam Schedule:
1. New Employee
2. Employee under 40
3. Employee 40 & over
ARTICLE IX - RETIREMENT
Second year following appointment
Alternate years
Every year
A. The City shall make contributions to the CalPERS plan known as
three percent (3%) at fifty (50) with those benefit options as provided for in the
contract between the City and CalPERS for employees defined by the Public
Employees' Pension Reform Act (PEPRA) as "classic members" (meaning those
persons who were members of CalPERS or a reciprocal California public pension
plan as of December 31, 2012).
B. New employees/members hired on or after January 1, 2013 as
defined by PEPRA will be hired at the retirement formula in accordance with
PEPRA and other legislation. New members entering membership for the first
time in a Police Safety classification shall be eligible for the two point seven percent
(2.7%) at fifty-seven (57) retirement formula for Local Safety members. The
employee contribution for new members shall be one-half the normal cost, as
determined by CalPERS. In no event shall the City make contributions to the
CalPERS plans for new members.
C. Modification(s) to the contract shall be made only after the City has
met and consulted with the Association and such modification(s) made a part of the
contract between the City and PERS consistent with the requirements of CalPERS.
ARTICLE X - HOURS OF WORK
Section 1. Work Period
A. The work period for law enforcement personnel (as defined by the
Fair Labor Standards Act) shall be three hundred thirty-six (336) contiguous hours
fourteen (14) consecutive days). All full-time law enforcement personnel shall be
regularly assigned one of the following work schedules:
1. "Three -Twelve" - three (3) consecutive three (3) day work
weeks consisting of three (3) twelve (12) hour and twenty (20) minute work days
followed by a four (4) day work week consisting of three (3) twelve (12) hour and
twenty (20) minute work days and one (1) twelve (12) hour work day.
1[01
2. "Four -Ten" - a work week consisting of ten (10) hours/day, four
(4) days/week.
3. "Five -Eight" - a work week consisting of eight (8) hours/day,
five (5) days/week.
Section 2. Three -Twelve Work Schedule
A. The standard work week shall be thirty-seven (37) hours or forty-nine
(49) hours depending on the number of days worked in a work week pursuant to
A.1. above.
B. For PERS reporting purposes, the nine (9) hours worked over forty
(40) during the forty-nine (49) hour work week of the work period will be considered
regular straight time hours for the intention to report forty (40) hours of regular
hours during a work week.
ARTICLE XI - OVERTIME COMPENSATION
Section 1. Overtime Defined for Eliaible Law Enforcement Personnel
A. Three -Twelve Work Week: Time worked in excess of eighty-six (86)
hours in a FLSA work period as defined in Article X, Section 1. or time worked on
scheduled days off.
B. Four -Ten Work Week: Time worked in excess of eighty-six (86)
hours in a FLSA work period as defined in Article X, Section 1. or time worked on
scheduled days off.
C. Five -Eight Work Week: Time worked in excess of eighty-six (86)
hours in a FLSA work period as defined in Article X, Section 1. or time worked on
scheduled days off.
Section 2. Compensation for Overtime
A. Authorized non-FLSA overtime shall be compensated in pay or
compensatory time at the rate of one and one-half (1-1/2) times the base hourly
rate of pay.
B. In computing overtime for a work period, time absent from duty as a
result of use of sick leave, vacation, holiday or compensatory time off shall not be
considered as time deemed to have been worked.
Section 3. Compensatory Time
A. Employees may elect to receive compensatory time in lieu of pay for
overtime subject to B. and C. below.
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B. Should an employee desire to take compensatory time off, he shall
file a written request with the Chief of Police who shall grant time off unless it
interferes with the normal operation staffing of the police department.
C. Employees shall be permitted to accumulate a maximum of seventy-
five (75) hours of compensatory time. An employee who has accumulated seventy-
five (75) hours of compensatory time will be reimbursed within the pay period
earned for any overtime in excess of seventy-five (75) hours maximum.
D. An employee may, upon written request submitted to and approved
by the City Manager, receive reimbursement for the requested number of hours of
accumulated compensatory time equal to or below the cap of seventy-five (75)
hours. Reimbursement shall occur with the next regular payroll following the pay
period in which the employee's written request has been approved by the City
Manager.
Section 4. Overtime Reporting
In order for an employee to earn compensation for overtime, he must
receive the supervisor's or the Chief of Police's approval. Overtime worked to meet
an emergency situation does not require advance approval, but shall be certified by
the Chief of Police before being credited to the employee's record.
ARTICLE XII - HOLIDAYS
Section 1. Recognized Holidays
The City will recognize the following designated holidays each fiscal year:
RPrfinn 9
Independence Day
Labor Day
Veterans' Day
Thanksgiving Day
Christmas Eve
Christmas Day
New Year's Day
Martin Luther King Day
Presidents' Day
Memorial Day
Floating Holidays
(July 4th)
(1st Monday in September)
(November 11)
(4th Thursday in November)
(December 24th)
(December 25th)
(January 1st)
(3rd Monday in January)
(3rd Monday in February)
(Last Monday in May)
The City will also recognize two (2) floating holidays each fiscal year. Each
unit employee shall be eligible to accrue up to a maximum of two (2) floating
holidays on July 1st of each year, subject to the following limitations. The floating
holidays shall be taken, or may be cashed out, during the fiscal year (July 1st
through June 30th) in which they are accrued. An employee may not have more
than two (2) floating holidays on the books at any time. If an employee does not
use, or cash out, both of his/her floating holidays within the fiscal year in which
the employee accrued them, he/she will not earn two (2) additional floating
holidays in the next fiscal year. Instead, the employee will only earn that number
of floating holidays, on July 1st of each year that will bring the employee's
balance of floating holidays to two (2). Thus, if an employee uses, or cashes out,
only one (1) floating holiday during a fiscal year, that employee will only accrue
one (1) additional floating holiday on July 1st of the following fiscal year, bringing
the employee's floating holiday balance up to two (2) floating holidays. The
parties encourage employees in the unit to use their floating holidays. Since
floating holidays cannot be removed from an employee once earned, and the
parties do not want employees to have more floating holidays on the books than
would be received within the current fiscal year, a floating holiday(s) carried over
at the end of the fiscal year results in the employee being unable to earn that
holiday(s) in the next fiscal year.
The date on which a floating holiday will be used may be individually
selected by the employee subject to the approval of the Chief of Police. Approval
will not normally be granted if it would require the Department to backfill the
employee's position at time -and -one-half (1-1/2) to maintain necessary
staffing/deployment levels. A floating holiday cannot be used on any of the
designated holidays recognized by the City or on another floating holiday. To
request to use, or cash out, a floating holiday, an employee must submit a
completed "Request for leave/overtime and special pay report".
The past practice of the City in permitting the stacking of floating holidays
is specifically eliminated by the above language.
Section 3. Compensation for Holidays
A. Compensation for a Holiday when No Work is Performed on a
Holiday. When a holiday falls on a day that the employee performs no work
(whether the day is the employee's scheduled work day or not), the employee
shall be paid twelve and one third (12.33) hours of holiday pay for the holiday, at
the employee's regular hourly rate of pay.
B. Compensation for a Holiday when Work is Performed on a Holiday.
When a holiday falls on a day that the employee performs work (whether the day
is the employee's scheduled work day or not), the employee shall be paid as
follows:
1. If the holiday is Independence Day, Thanksgiving Day,
Christmas Day, or New Year's Day the employee shall be paid "hardship" pay as
follows:
a. Twelve and one third (12.33) hours of holiday pay for
the holiday, at the employee's regular hourly rate of pay per Section 3A, and
fi�7
b. Pay for the number of hours of work the employee
actually performed on the holiday, at the rate of pay otherwise specified in this
MOU for such work hours, and
C. Pay for the number of hours of work the employee
actually performed on the holiday, at the employee's base hourly rate of pay.
Example 1: Officer A works six (6) hours on Christmas Day. Officer A
would earn pay computed as follows:
Hours Pay Rate
12.33 hours holiday pay regular hourly rate
6 hours work pay regular hourly rate or overtime hourly rate, as
applicable under MOU
6 hours hardship pay base hourly rate
2. If the holiday is not Independence Day, Thanksgiving Day,
Christmas Day, or New Year's Day the employee shall be paid:
a. Twelve and one third (12.33) hours of holiday pay for
the holiday, at the employee's regular hourly rate of pay as per Section 3A, and
b. Pay for the number of hours of work the employee
actually performed on the holiday, at the rate of pay otherwise specified in this
MOU for such work hours.
Example 2: Officer B works 8 hours on Veterans' Day. Officer B would
earn pay computed as follows:
Hours Pay Rate
12.33 hours holiday pay regular hourly rate
8 hours work pay regular hourly rate or overtime hourly rate, as
applicable under MOU
C. The past practice of the City paying hardship holiday pay to an
employee on a designated hardship holiday when in fact said employee did not
work on the designated hardship holiday is specifically eliminated by the above
language.
Section 4. Conversion of Hardshiq Pav to Time Off
An employee may choose to convert any hardship pay to time off or non-
FLSA compensatory time at the rate of one hour of hardship pay converting to
one hour of time off or to one hour of non-FLSA compensatory time.
1601
ARTICLE XIII - VACATION
Section 1. Eligibility
All regular full-time employees having completed one (1) year of continuous
service with the department and annually thereafter, shall be eligible for a paid
vacation at their then existing rate of pay.
Section 2. Accrual
A. Vacation leave is accumulated yearly and is computed on the basis
of the employee's hire date as a regular full-time or probationary employee.
B. Years of service, for purpose of vacation accrual, shall be from the
date of initial employment as a full-time probationary or regular employee to the
anniversary date concluding the full year of the designated year.
C. All eligible unit employees hired after February 1, 1998 will accrue
vacation leave by the following schedule:
Years Of
Hours
Max. Hourly Accrual
Annual
Service
Earned
Rate/Pay Period Bi -Weekly
Vacation Hours
0-5 Years
80
3.0769
80 hours
6-14
120
4.6153
120 hours
15-19
160
6.1538
160 hours
20+
200
7.6923
200 hours
D. An eligible employee hired on or before February 1, 1998 shall
accrue vacation leave by the following schedule:
Years Of
Hourly Accrual Rate
Annual
Service
Per Pay Period
Accrual Rate
0-5
4.615
120 hours
6
4.923
128 hours
7
5.231
136 hours
8
5.486
144 hours
9
5.539
152 hours
10-19
6.154
160 hours
20+
7.692
200 hours
Section 3. Maximum Accrual
A. An employee may accumulate unused vacation to a maximum of four
hundred (400) hours. If the needs of the service require that a sworn employee be
denied the use of accrued vacation time and such denial is anticipated to result in a
cessation of accrual, the employee may request that his maximum accrual be
increased to an amount not to exceed the amount accrued in the preceding thirty-
six (36) month period. Such request must be submitted to the Chief of Police prior
21
to a cessation of accrual and is subject to the approval of the Chief of Police and
City Manager.
B. The accrual of vacation shall cease when an employee's
accumulated vacation is at the maximum provided in this Section. Additional
vacation shall begin accruing when the employee's vacation balance falls below the
maximum.
C. An employee on Injury on Duty (IOD) status or leave may accrue
vacation up to the maximum under this section. Should the employee reach
maximum accumulation, the City shall cash out the equivalent hours that the
employee has taken for vacation during the fiscal year. Should the employee reach
maximum again after the cash out while still on IOD or leave, accruals shall cease.
Section 4. Use of Vacation
A. The time at which an employee's vacation is to occur shall be
determined by the Chief of Police with due regard for the wishes of the employee
and particular regard for the needs of the service.
B. Employees who have completed two (2) years or more of continuous
service may elect to be paid for up to a maximum of eighty (80) hours of
accumulated vacation up to twice per calendar year. .
Section 5. Vacation Payment at Termination
A. Employees terminating employment shall be paid in a lump sum for
all accumulated vacation no later than the next regular payday following
termination.
B. When termination is caused by death of the employee, the
employee's beneficiary shall receive the employee's pay for unused vacation. In
the event an employee has not designated a beneficiary, the payment shall be
made to the estate of the employee.
Section 6. Vacation Accrual During Leave of Absence
No vacation shall be earned during any leave of absence without pay for
each fourteen (14) day period (pay period) of such leave.
Section 7. Prohibition Against Working for City During Vacation
Employees shall not work for the City during their vacation and, thereby,
receive double compensation from the City.
ARTICLE XIV - LEAVES OF ABSENCE
Section 1. Authorized Leave of Absence Without
PA
A. Upon the Police Chiefs recommendation and approval of the City
Manager, an employee may be granted a leave of absence without pay in cases of
an emergency or where such absence would not be contrary to the best interest of
the City, for a period not to exceed ninety (90) working days.
B. Upon written request of the employee, the City Council may grant a
leave of absence, with or without pay, for a period not to exceed one (1) year.
C. At the expiration of the approved leave of absence, after notice to
return to duty, the employee shall be reinstated to the position held at the time the
leave of absence was granted. Failure on the part of the employee to report
promptly at such leave of absence's expiration and receipt of notice to return to duty
shall be cause for discharge.
D. During any authorized leave of absence without pay, an employee
shall not be eligible to accumulate or receive fringe benefits except as specifically
provided for in this MOU, except that the City shall contribute to an employee's
healthcare and dental plan, disability insurance plan, and life insurance plan for the
first thirty (30) calendar days of the leave of absence.
Section 2. Bereavement Leave
A. Employees may be granted up to forty (40) hours of bereavement
leave of absence, by the reason of a death in their family which shall be
restricted and limited to immediate family by reason of biology, marriage, or
adoption. Family lineage covered by this provision:
• Spouse or Registered Domestic Partner
• Father and Mother (Including Step parent and adoptive parent)
• Father and Mother In -Law
• Grandparent
• Brother and Sister (Including step sibling or sibling due to legal adoption)
• Child (Including step child, child due to marriage or legal adoption)
• Grandchild (Including step grandchild, due to marriage or legal adoption)
• All degree of relatives not listed but living within the household of the
employee
Section 3. Military Leave of Absence
A. Military leave shall be granted in accordance with the provisions of
State law. All employees entitled to military leave shall give the Chief of Police an
opportunity within the limits of military regulations to determine when such leave
shall be taken. Whenever possible, the employee involved shall notify the Chief of
Police of such leave request ten (10) working days in advance of the beginning of
the leave.
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B. In addition to provision of State law, the City shall continue to provide
eligible employees on military leave the current health benefits (healthcare, dental,
disability and life insurance and retirement (if applicable) for the first three (3)
months of military leave. During said period, the employee shall be required to pay
to the City the same co -payments as required of other employees. After the first
three (3) months of military leave, the employee may continue said benefits at his
cost.
Section 4. This section was intentionally left blank and has been reserved for
future use.
Section 5. Unauthorized Absence
Unauthorized absence is days, or portions of days, wherein an employee is
absent from work without City approval. Unless subsequently approved, such
absence will result in a deduction from the employee's pay of an amount equivalent
to the time absent. Employees taking unauthorized absence may be subject to
disciplinary action, up to and including termination of employment.
Section 6. Catastrophic Leave
A. Establishment — A Catastrophic Leave Program for the Association
was established which allows donation of paid time for employees represented
by the Association.
B. Purpose — The purpose of the Catastrophic Leave Pool is to enable
full-time employees to receive and donate vacation, administrative leave, and
compensatory time off (CTO) leave credits on an hour for hour basis to assist
employees who have no remaining leave bank balances and who will suffer a
financial hardship due to prolonged illness or injury to themselves, or a member
of their immediate family. Sick Leave is excluded from this program. The
conditions of this program are as follows:
1. Catastrophic Leave will be available only to employees who
have exhausted their own paid leave through bona fide serious illness or
accident.
2. The leave pool shall be administered by the Finance
Department.
3. Employees must be in regular full-time appointed positions
to be eligible for catastrophic leave.
4. Employees receiving Long -Term Disability payments may
participate in this program, but may not receive combined payments that would
exceed their normal take home pay.
M11
5. All donations are to be confidential, between the donating
employee and the Finance Department.
6. Employees donating to the pool must have forty (40) hours
of paid leave available after making a donation.
7. Donating employees must complete a Catastrophic Leave
Program form with a signed authorization, and includes specifying the specific
employee to be a recipient of the donation.
8. Donations will be subject to applicable tax laws.
9. The availability of Catastrophic Leave shall not delay or
prevent the City from taking action to medically separate or disability retire an
employee.
10. Catastrophic Leave due to illness or injury of an immediate
family member may require medical justification as evidenced by a Physician's
Statement that the presence of the employee is necessary.
11. Catastrophic Leave due to illness or injury of the employee
will require medical justification as evidenced by a Physician's Statement as to
the employee's inability to perform normal duties.
ARTICLE XV - JURY DUTY
Section 1. Compensation for Jury Duty
A. Employees required to report for jury duty shall be granted leave of
absence for such purpose, upon presentation of jury notice to the Chief of Police.
Said employees shall receive full payment for the time served on jury duty, provided
the employee remits any fees received for such jury service, excluding payment for
mileage, to the City's Finance Department. Compensation for mileage, subsistence
or similar auxiliary allowance shall not be considered as a fee and shall be returned
to the employee by the Finance Department.
B. If the sum of the employee's jury duty responsibilities is less than a
full work day; the employee shall contact his supervisor as to the feasibility of
returning to work that day.
ARTICLE XVI - SICK LEAVE
Section 1. General Sick Leave Provisions
A. Sick leave shall be used only in cases of actual personal sickness or
disability, medical or dental treatment, and family leave or as authorized by the City
Manager under special circumstances. The employee requesting sick leave shall
25
notify his immediate supervisor or Chief of Police prior to the time set for reporting
to work. Sick leave with pay shall not be allowed unless the employee has met and
complied with the provisions of this MOU.
B. Sick leave shall not be granted for disability arising from any sickness
or injury purposely self-inflicted or caused by an employee's own willful misconduct.
C. The Department Head may require employees to present proof of
physical fitness for duty for sick leaves in excess of three (3) consecutive working
days for those on a twelve (12) hour shift and in excess of four (4) consecutive
working days for those on other shifts.
Section 2. Eligibility All employees covered by this MOU shall be eligible to
accrue sick leave.
Section 3. Accrual
A. Sick leave shall be accrued at the rate of twelve and one-third (12-
1/3) hours per calendar month for each calendar month that the employee has
worked regularly scheduled hours and/or has been on authorized leave which
provides for full pay, for at least fifteen (15) working days in that month.
B. Sick leave accrued pursuant to A. above for unit employees hired
prior to July 1, 1985, will be placed into a newly established sick leave bank at the
rate of twelve and one-third (12-1/3) hours per calendar month for each calendar
month that the employee has worked regularly scheduled hours. This new sick
leave bank, established February 4, 1998, cannot be cashed out for disability
retirement. Accumulated sick leave shall not be used to postpone the effective date
of retirement as determined by the City.
Section 4. Accumulation and Pavment
A. There is no limit on the amount of sick leave that an employee may
accumulate.
B. An employee may be paid for unused sick leave pursuant to the
following:
1. Employees who have not completed fifteen (15) years of
services with the City will not be eligible to be paid for any accumulated sick leave,
nor shall any accumulated sick leave be used to postpone the effective date of
retirement as determined by the City.
2. Upon separation from the City, employees who have
completed a minimum of fifteen (15) years of service with the City shall have the
choice to:
26
a) Be paid for the accumulated sick leave up to twenty
percent (20%) of the accumulated sick leave bank.
b) Convert the hours to eight (8) hours work days and
report to CalPERS for service credit.
c) Or any combination of pay and service credit
(maximum twenty percent [20%] payout compensation) of total/accumulated sick
leave bank at the time of separation.
d) Compensation shall be at the employees' final hourly
rate of pay.
e) Accumulated sick leave shall not be used to postpone
the effective date of the retirement as determined by the City.
3. Employees employed prior to July 1, 1985, who are retired
because of work related disabilities will be paid all of their accumulated sick leave at
their final base hourly rate of pay. Accumulated sick leave shall not be used to
postpone the effective date of retirement as determined by the City. Any sick leave
accrued after February 4, 1998 will be placed in the sick leave bank set forth in
Section 3.13 above, and is not eligible for this payout provision.
Section 5. Sick Leave Durina Vacation
An employee who becomes ill while on vacation may have such period of
illness charged to his accumulated sick leave provided that:
A. Immediately upon return to duty, the employee submits to his
supervisor a written request for sick leave and a written statement signed by his
physician describing the nature and dates of illness.
B. The Chief of Police recommends and the City Manager approves the
granting of such sick leave.
Section 6. Extended Sick Leave
In the event of an employee's continuing illness which results in depletion of
sick leave accumulation, the employee may request in writing, to the Chief of Police
and City Manager, a leave of absence without pay for the purpose of recovering
from the illness, provided:
A. The employee has used all of his accumulated sick leave.
B. The employee presents to his department head for referral to and
consideration by the City Manager, a written explanation of the employee's illness
and an estimate of the time needed for recovery signed by the employee's
physician.
C. Prior to resuming his duties, the employee may be required to take a
medical examination at City expense and provide a medical release to return to
27
work from the employee's physician as prescribed by the City Manager. The
employment record and the results of such examination shall be considered by the
City Manager in determining the employee's fitness to return to work.
D. The maximum period of such leave shall be ninety (90) calendar
days. If the employee desires an extension, he shall follow, prior to the termination
of the initial leave, the procedure described in Section 6.13 above.
Section 7. Family Leave
Upon a demonstration of need and subject to the following conditions, an
employee may take sick leave and/or unpaid leave to care for his newborn infant,
whether through parentage or adoption, or a seriously ill or injured member of the
employees "immediate family" as defined in Article XIV Section 2. Bereavement
Leave.
A. Proof of the birth or adoption of a newborn infant or the serious
illness/injury of the family member must be submitted to the City.
B. Requests for family leave must be submitted in writing to the
employee's supervisor at the earliest possible date preceding the time when the
leave is to begin.
C. Operational needs of the City shall be relevant in determinations
regarding the granting of family leave in accordance with the provisions of State
and Federal Family Leave laws.
D. In the event of an extended family leave, the employee may be
required to periodically report on the status of the situation giving rise to the leave.
E. Family leave may be granted only upon the recommendation of the
Chief of Police and approval of the City Manager consistent with the provisions of
State and Federal Family Leave laws.
F. A maximum of four hundred (400) working hours of family leave in
any combination of sick leave and unpaid leave may be taken during any two (2)
year period unless a greater amount is prescribed by state or federal law.
Section 8. On The Job Injury
Employees who are disabled by injury or illness arising out of and in the
course of their duties as public safety employees of the City, shall be entitled to the
benefits of California Labor Code Section 4850 as the Section now exists or is
hereinafter amended. Any payments made pursuant to this Section shall not be
charged as sick leave; sick leave and vacation benefits shall accrue during the
period of disability pursuant to the provision of California Labor Code Section 4850.
Section 9. Off The Job Injury
An employee injured outside of his service with the City shall be
compensated through the disability insurance plan provided by the City.
ARTICLE XVII - PROBATIONARY PERIODS
Section 1. Appointment Following Probation Period
A. The original appointment and promotional appointment of employees
shall be tentative and subject to a probationary period of twelve (12) months of
service.
B. When unusual circumstances merit the extension of the probationary
period, the Chief of Police shall request, in writing, approval of the City Manager.
Said extension shall not exceed one hundred eighty (180) calendar days. Human
Resources shall notify the Chief of Police and the probationer concerned no -less -
than two (2) weeks prior to the termination of any probationary period.
C. If the service of a probationary employee has been satisfactory, the
Chief of Police shall file with Human Resources a statement, in writing, that the
retention of the employee is desired. No actions changing an employee's status
from probationary to regular full-time shall be made or become effective until
approved by the City Manager.
Section 2. Objective of Probationary Period
The probationary period shall be regarded as a part of the testing process
and shall be utilized for closely observing the employee's work, for securing the
most effective adjustment of a new employee to his position, and for rejecting any
probationary employee whose performance does not meet the required standards
of work.
Section 3. Employee Performance Appraisal
A. Each probationary employee shall have his performance evaluated at
the end of each three (3) months of service or at more frequent intervals when
deemed necessary by the Chief of Police. Regular employees shall have their
performance evaluated annually or at more frequent intervals when deemed
necessary by the Chief of Police. Such evaluation shall be reported in writing and
in the form approved by Human Resources.
B. The written appraisal report of an employee's performance evaluation
shall be filed in triplicate, the original to be filed with Human Resources and made a
part of the employee's personnel records, one (1) copy to be retained by the
department, and one (1) copy to be given to the employee.
Section 4. Rejection of Probationary Employee
29
A. During the probationary period an employee may be suspended,
demoted, or rejected anytime by the Chief of Police, with approval of the City
Manager, without cause and without right of appeal, except the right of appeal of
punitive action as may be provided by law. Notification of rejection, in writing, shall
be served on the probationary employee and a copy filed with Human Resources.
A termination interview may be conducted with each rejected probationer.
B. An exception will be applied where the probationary employee's job
termination or dismissal is based on charges of misconduct which stigmatizes his
reputation or seriously impairs his opportunity to earn a living, or which might
seriously damage his standing and association in the community. Where there is
such a deprivation of a "liberty interest", the employee shall be given pre -
disciplinary procedural due process as defined in the City of Seal Beach Personnel
Rules and Regulations and this Memorandum of Understanding. Prior to the
disciplinary action becoming final, the employee must be notified of his right to the
appeal procedure as outlined in the Personnel Rules and Regulations.
ARTICLE XVIII - LAYOFF PROCEDURES
Section 1. Policy
The policy for layoff procedures shall be as adopted in City's Personnel
Rules and Regulations.
ARTICLE XIX - MISCELLANEOUS PROVISIONS
Section 1. Tuition Reimbursement
A. Higher Education Degree Programs
Unit members attending accredited community colleges, universities, and
trade schools for the purpose of obtaining a higher education degree may apply
for reimbursement of tuition, books, student fees and parking. Reimbursement is
capped each calendar year at the tuition rate of the Cal State University system
for up to two (2) semesters of full-time, undergraduate enrollment.
Reimbursement is contingent upon the successful completion of the
course. For any course that could be taken for a letter grade, it must be taken for
a letter grade and successful completion means a grade of "C" or better for
undergraduate courses and a grade of "B" or better for graduate courses. For
any course that can only be taken for a grade of "credit" or "no credit", successful
completion means a grade of "credit". All claims for tuition reimbursement
require prior approval and are subject to verification and approval by the City
Manager. This tuition reimbursement does not pertain to P.O.S.T. courses
attended on duty.
Example 1: Officer A attends California State University, Long Beach, for
30
the Spring 2017 2021 semester and completes two (2) 3 -unit undergraduate
courses with a grade of "C" or better. The tuition reimbursement would be
calculated as follows:
20172020-2018 2021 State University Tuition $ 1,665.00
(0-6 units)
Required University Fees
Parking
Books
TOTAL
Example 2: Officer B attends California State
Spring 2-04-2021 semester and completes
courses with a grade of "C" or better. The
calculated as follows:
20172020-2018 2021 State University Tuition
more units)
Required University Fees
Parking
Books
TOTAL
$ 52-8554.00 (approx.)
$ 4-23175.00
$ 390535.00 (approx.)
$ 2,64-6929.00
University, Long Beach, for the
three (3) 3 -unit undergraduate
tuition reimbursement would be
$ 2,871.00 (6.1 or
$ 628554.00 (approx.)
$ 4-2175.00
$ 609535.00 (approx.)
$ 4,4-22135.00
B. Professional Conventions and Conferences
Unit members who attend job related conventions and conferences that
are not sponsored by the Department may submit for reimbursement under the
tuition reimbursement program for the cost of enrollment. Attendance of
conventions and conferences must be job related and pre -approved by the Chief
of Police. The cost of travel, sustenance, and lodging is not reimbursable under
tuition reimbursement per IRS Publication 970.
Travel, sustenance, and lodging may be reimbursable via the Department's
Meetings and Conference budget. Employee is to submit a request to the Chief of
Police prior to travel for approval in order to receive reimbursement for travel,
sustenance, and lodging after the conference. All receipts for expenses must be
attached to the reimbursement request and submitted to the Chief of Police for
approval, and forwarded to the City Manager for final review and approval.
Section 2. Physical Fitness Program
The physical fitness program is a voluntary program for all sworn officers
utilizing vacation hours as compensation for achieving goals within this program.
The details of this program are attached as Exhibit A to this MOU.
ARTICLE XX - ENTIRE MEMORANDUM OF UNDERSTANDING
31
Section 1. It is the intent of the parties hereto that the provisions of this MOU
shall incorporate all prior agreements and memoranda of agreement, or
memoranda of understanding, or contrary salary and/or personnel resolutions or
administrative codes, provisions of the City, oral or written, expressed or implied,
between the parties, and shall govern the entire relationship, and shall be the sole
source of any and all rights which may be asserted hereunder. This MOU is not
intended to conflict with federal or state law.
Section 2. Notwithstanding the provision of Section 1., there exists within the
City certain personnel rules and regulations and police department rules and
regulations. To the extent that this MOU does not specifically contradict these
personnel rules and regulations or police department rules and regulations or City
ordinances, they shall continue subject to being changed by the City in accordance
with the exercise of City rights under this MOU and applicable state law.
Section 3. Except as provided herein, other terms and conditions of
employment, oral or written, express or implied that are presently enjoyed by
employees represented by the Association shall remain in full force and effect
during the entire term of this MOU unless mutually agreed to the contrary by both
parties hereto.
ARTICLE XXI - CONCERTED REFUSAL TO WORK
Section 1. Prohibited Conduct
A. The Association, its officers, agents, representatives, and/or
members agree that they will respect relevant law and judicial decisions regarding
the withholding or diminishment of services to influence negotiations conducted
under Section 3500 et.seq of the California Government Code.
B. The City agrees that it shall not lock out its employees during the
term of this MOU. The term "lockout" is hereby defined so as not to include the
discharge, suspension, termination, layoff, failure to recall, or failure to return to
work employees of the City in the exercise of rights as set forth in any of the
provisions of this MOU or applicable ordinance or law.
C. Any employee who participates in any conduct prohibited in
subparagraph A. above may be subject to termination.
D. In addition to any other lawful remedies or disciplinary actions
available to the City, if the Association fails, in good faith, to perform all
responsibilities listed in Section 2., Association Responsibility, below, the City may
suspend certain rights and privileges accorded to the Association under the
Employer -Employee Relations Resolution or by this MOU including, but not limited
to, access to the grievance procedure and use of the City's bulletin boards and
facilities.
Section 2. Association Responsibility
32
In the event that the Association, its officers, agents, representatives or
members engage in any of the conduct prohibited in Section 1. above, Prohibited
Conduct, the Association or its duly authorized representatives shall immediately
instruct any persons engaging in such conduct that their conduct is in violation of
this MOU and unlawful, and they should immediately cease engaging in conduct
prohibited in Section 1. above, Prohibited Conduct, and return to work.
ARTICLE XXII - EMERGENCY WAIVER PROVISION
Section 1. In the event of circumstances beyond the control of the City, such as
acts of God, fire, flood, civil disorder, national emergency, or similar circumstances,
provisions of this Memorandum of Understanding or the Personnel Rules and
Regulations of the City, which prevent the City's ability to respond to these
emergencies, shall be suspended for the duration of such emergency. After the
emergency is over, the Association shall have the right to meet and confer with the
City regarding the impact on employees of the suspension of these provisions in
the Memorandum of Understanding and any Personnel Rules and Regulations.
ARTICLE XXIII - SEPARABILITY
Section 1. Should any provision of the MOU be found to be inoperative, void or
invalid by a court of competent jurisdiction, all other provisions of this MOU shall
remain in full force and effect for the duration of this MOU.
ARTICLE XXIV - PERSONNEL RULES AND REGULATIONS
Section 1. The Personnel Rules and Regulations are incorporated herein by
reference, and shall govern. If there is a conflict between the Personnel Rules
and Regulations and a specific provision of this MOU, the MOU provision shall
be applied.
ARTICLE XXV - MOU REOPENERS
Section 1. The Association and the City shall reopen any provision of this
MOU for the purpose of complying with any final order of a Federal or State
Agency or Court of competent jurisdiction requiring a modification or change in
any provision or provisions of this MOU, in order to comply with State or Federal
laws.
ARTICLE XXVI - TERM OF MEMORANDUM OF UNDERSTANDING
Section 1. The terms of this Memorandum of Understanding shall commence on
July 1, 202047 and continue in full force and effect through June 30, 20230 - a
three (3) year contract.
Section 2. The City of Seal Beach and the Police Officers' Association agree to
commence negotiations for the next contract year by April 1, 20230.
33
(Intentionally Left Blank)
34
ARTICLE XXVII - RATIFICATION
Section 1. This Memorandum of Understanding is subject to approval and
adoption by the City Council and ratification by the required number of the duly
authorized representatives of the Association. Following such ratification, approval
and adoption, the Memorandum of Understanding shall be implemented by the
appropriate resolution(s), ordinance(s), or other written action of the City Council.
SEAL BEACH POLICE OFFICERS' ASSOCIATION REPRESENTATIVES:
Date:
Officer Eric Tittle, President
CITY OF SEAL BEACH MANAGEMENT REPRESENTATIVES:
Jill R. Ingram, City Manager
Date:
Date:
Patrick Gallegos, Assistant City Manager
35
EXHIBIT A
SEAL BEACH POLICE PHYSICAL FITNESS PROGRAM
INTRODUCTION
The physical fitness program is a voluntary program for all sworn officers.
Officers work out on their off duty time and may, depending upon availability of
funds and staffing needs, in return receive compensation back to them after
meeting the minimum requirements of the tests at the end of each six (6) month
period. Officers may receive up to twenty (20) hours of vacation time by meeting
the requirements of the test at the end of each six (6) month period. The
maximum time each officer will be able to achieve is up to forty (40) vacation
hours earned annually for as long as the officer continues successfully in the
program.
ENROLLMENT
To start the program, each officer must contact the Physical Fitness Committee
and advise them of your intent. You will need to have a doctor's release to allow
you to participate in the program. A copy of the physical requirements of the
physical fitness program should be reviewed by your doctor when obtaining your
release. For details of the annual physical exam refer to Article XIII section 6 of
the SBPOA MOU.
TESTING
Each officer participating will be tested every six (6) months, specifically in the
months of January and July. A minimum level has been established for each test.
Participants will have to move up a category or reach maintenance level
indicated on each test by age group. At one (1) year and six (6) months,
participants will be required to be at the maintenance level. Once the
maintenance level has been attained, participants will have to maintain that level
on subsequent tests. Testing each six (6) month period will validate the
awarding of vacation time. Testing may be conducted during on -duty hours at the
Watch Commanders discretion. The Physical Fitness Committee will perform the
testing.
ALLOCATION OF HOURS
Employees will be awarded four (4) hours for successfully completing each test
as set forth in TESTING above. No employee shall receive any hours if they fail
to meet the minimum standards for at least three (3) of the five (5) tests.
36
PHYSICAL FITNESS COMMITTEE
The Physical Fitness Committee shall be comprised of four (4) members - two (2)
to be appointed by the SBPOA Board of Directors, and two (2) to be appointed
by the Chief of Police. The Physical Fitness Committee is established to retain
administrative control over the program. All committee members shall be active
participants in the program. The committee will be responsible for examining
problems and disputes that arise from the administration of the program. The
committee will be the formal arbitrators on these matters.
VALIDATED HEALTHCARE PROBLEM CLAUSE
Those officers who for validated Healthcare reasons cannot participate in the
fitness program as designed may contact the Physical Fitness Committee for
program modification. Validated Healthcare problems are those diagnosed by a
physician as limiting participation in a certain activity.
REQUIRED TEST
The physical fitness needs of Police Officers fall into three (3) areas:
o Cardio Fitness
o Strength
o Flexibility
The tests outlined below may be modified by the Physical Fitness Committee as
necessary. The tests used in this program to evaluate fitness in these areas will
be:
Cardio Fitness: 1.5 Mile run
Strength: Push-ups Sit-ups Pull-ups
Flexibility: Forward Stretch
HEALTHCARE COVERAGE
Participation in the program will be on a voluntary basis.
Any exercise workouts done under this program, i.e. weight lifting, contact sports,
running, etc. would not be covered for benefits under Workers Compensation,
The city will not provide blanket coverage for any injury which could conceivably
be claimed under the pretext of participation in the Physical Fitness Program.
All employees must receive clearance from their personal physician prior to
beginning program participation.
37
CARDIO FITNESS TESTS - 1.5 Mile Run
Officers will run a one point five (1.5) mile course established by the Training
Unit. The time needed to cover the distance is recorded and compared to the
standards on the chart.
This test is an excellent indication of the condition of the heart and lungs as it
measures ones aerobic capacity or the ability of the heart and lungs to utilize
oxygen.
Under 30 Below
30-34 Below 35-39 Below
Excellent
10:15
11:00
11:30
Good
10:16-12:00
11:01-12:30
11:31-13:00
Fair
12:01-14:30
12:31-15:00
13:01-15:30
Poor
14:31-16:30
15:01-17:00
15:31-17:30
Very Poor
16:31 -Above
17:01 -Above
17:31 -Above
Maintenance Level
11:00
12:00
12:30
Minimum Level
14:30
15:15
15:30
40-44 Below
40-49 Below
50 + Below
Excellent
12:00
12:15
12:30
Good
12:01-13:30
12:16-13:45
12:31-14:30
Fair
13:31-16:00
13:46-16:15
14:31-17:00
Poor
16:01-18:00
16:16-18:15
17:01-19:00
Very Poor
18:01 -Above
18:16 -Above
19:01 -Above
Maintenance Level
13:00
13:30
14:00
Minimum Level
15:45
16:00
16:45
STRENGTH TESTS
The body is maintained in a prone position supported by straight arms on the
hands and toes. A partner places his fist on the ground below the officer's chest.
The officer must keep his back straight at all times and from the up position,
lower him/herself to the floor until his chest touches his partner's hand and then
push to the up position again. The officers can rest in the up position. The total
number of correct push-ups are recorded and compared to the standards on the
chart.
This test measures muscle endurance and a low level of muscle endurance
indicates an inefficiency in movement and a poor capacity to perform work. This
test measures mainly the muscles of both the chest and upper arm which are
important in physical confrontations such as pushing, pulling, controlling, and
handcuffing.
Under 30
30-39
40-49
50 +
Excellent
43-
37-
30-
25+
Good
28-42
23-36
20-29
17-24
Fair
20-27
17-22
15-19
12-16
Poor
5-19
3-16
2-14
2-11
Very Poor
4 -Below
2 -Below
2 -Below
1 -Below
Maintenance Level
40
35
25
18
Minimum Level
18
15
13
11
PULL-UPS
Officer will hold bar with the palms away from the body. Arms are extended out
straight in the beginning position with the feet off the ground. Officer must pull his
body up to a position where his chin is above the bar for one repetition. The total
number of correct pull-ups are recorded and compared to the standards on the
chart.
In lieu of pull-ups, officers may choose to do the "La Pull". Officers are required
to pull down seventy percent (70%) of their body weight ten (10) times in order to
achieve maintenance level.
Under 30
30-39
40-49
50+
Excellent
9 & Above
7 & Above
6 & Above
5 & Above
Good
8
6
5
4
Fair
6-7
4-5
3-4
2-3
Poor
5
3
2
1
Very Poor
4 & Above
2 & Above
1 & Above
0
Maintenance Level
8
6
5
4
Minimum Level
5
3
2
1
SIT-UPS
Officer starts by lying on his/her back, knees bent, heels flat on the floor and
arms folded across the chest. A partner holds the feet down. In the up position,
the officer will touch his elbows to his knees and then return to the starting
position, not placing their shoulder blades on the ground before starting the next
sit-up. This is a continuous exercise, no resting. The total number of correct sit-
ups are recorded and compared to the standards on the chart.
This test measures muscular endurance in the abdominal muscle group, an area
of great concern to the sedentary individual. Much evidence exists of the
correlation between poor abdominal muscle development, excessive fat tissue
and lower back problems.
39
*1 CONTINUOUS MINUTE *
Under 30
30-39
40-49
50+
Excellent
51 & Above
45 & Above
40 & Above
36 & Above
Good
40-50
34-44
27-39
23-39
Fair
35-39
29-33
20-26
16-22
Poor
24-34
18-28
7-19
6-15
Very Poor
23-
17-
6-
5 -
Maintenance Level
45
40
35
30
Minimum Level
30
25
20
15
FLEXIBILITY
Officer sits on the ground with his legs out straight in front of him. Heels of feet
are placed against a 4 X 4 or similar object. Officer bends forward and reaches
towards his toes with his fingertips as far as he can. The distance above or below
his heels is measured. The distance is recorded as plus or minus inches. Plus
inches is below the heels and negative is above the heels. Compare the results
against the standards on the chart.
Under 30 30-39
40-49
50 +
Excellent
+10" & Below
+9" & Below
+8" & Below
+7" & Below
Good
+4" to 9.5"
+ 3.5" to 8.5"
+1" to 7.5"
0 to +6.5"
Fair
+1.5" to 3.5"
+1" to 3"
-2" to +.5"
-3" to -.5"
Poor
-4.5" to +1"
-6.5" to +.5"
-9" & Above
-10" to 3.5"
Very Poor
-5" & Above
-7" & Above
-9.5 & Above
-10.5"& Above
Maintenance Level
+5"
+4"
+1"
0"
Minimum Level
0"
-2"
-4"
-5"
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AGENDA STAFF REPORT
�1'',,C'QCIFORN�P'r
DATE: July 26, 2021
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Patrick Gallegos, Assistant City Manager
SUBJECT: Appointment of Barry Curtis as Interim Community
Development Director
SUMMARY OF REQUEST:
That the City Council adopt Resolution 7181 approving the appointment of Barry
Curtis as Interim Community Development Director.
BACKGROUND AND ANALYSIS:
With the retirement of Les Johnson on July 9, 2021 there is a vacancy in the
position of Community Development Director. The City is currently recruiting for a
permanent Director, however it is anticipated that it could be a few months before
a permanent Director is recruited and appointed. The purpose of this action is for
the City Council to approve the City Manager's selection of Barry Curtis as
Interim Community Development Director. Mr. Curtis is a relatively recent retiree
from the equivalent position in the City of Costa Mesa and has direct experience
in Seal Beach from previous service, and more recently in a consulting role as
our Contract Senior Planner.
CalPERS permits a retiree to return to work for a CalPERS agency, such as the
City of Seal Beach, on a limited interim basis. The City Council must review and
approve this type of appointment. Mr. Curtis' assignment will not exceed 960
hours, as permitted by CalPERS, and his compensation will be the same as Mr.
Johnson's compensation rate, equivalent to $90.46 per hour. Mr. Curtis will not
receive any City benefits or any other compensation as Interim Community
Development Director. During the COVID-19 emergency, the Governor has
waived certain CalPERS rules relating to the employment of retired annuitants,
but those rules are not applicable to this assignment.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
Agenda Item N
LEGAL ANALYSIS:
The City Attorney has reviewed the item and approved as to form
FINANCIAL IMPACT:
The compensation to be paid Mr. Curtis for this interim appointment will be paid
from salary savings in the vacant Community Development Director position;
therefore, no additional appropriation is required.
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 7181 approving the appointment of Barry
Curtis as Interim Community Development Director.
SUBMITTED BY: NOTED AND APPROVED:
Patrick Gallegos
Patrick Gallegos, Assistant City
Manager
ATTACHMENTS:
A. Resolution 7181
B. Employment Agreement
Page 2
Jill R. Ingram
Jill R. Ingram, City Manager
RESOLUTION 7181
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING THE APPOINTMENT OF BARRY CURTIS AS
INTERIM COMMUNITY DEVELOPMENT DIRECTOR
WHEREAS, Les Johnson has retired from the position of Community Development
Director as of July 9, 2021; and,
WHEREAS, the City Council hereby approves the City Manager's appointment of Barry
Curtis as an interim appointment of a retired annuitant to the vacant position of
Community Development Director for the City of Seal Beach under Government Code
section 21221(h), effective July 26, 2021; and,
WHEREAS, an appointment under Government Code section 21221(h) requires an
active, publicly posted recruitment for a permanent replacement; and,
WHEREAS, the current status of this recruitment is that the recruitment is active and it
has been publically announced with applications being accepted; and,
WHEREAS, this section 21221(h) appointment shall only be made once and therefore
will end upon the sooner of reaching 960 hours in a fiscal year; and,
WHEREAS, the entire appointment document between Barry Curtis and the City of Seal
Beach has been reviewed by this body and is attached hereto; and,
WHEREAS, no matters, issues, terms or conditions related to this employment and
appointment have been or will be placed on a consent calendar; and,
WHEREAS, the employment shall be limited to 960 hours per fiscal year; and,
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor
exceed the maximum monthly base salary paid to other employees performing
comparable duties, divided by 173.333 to equal the hourly rate; and,
WHEREAS, the maximum monthly base salary for this position is $15,679.64 and the
hourly equivalent is $ 90.46, and the minimum base salary for this position is $13,544.63
and the hourly equivalent is $74.42; and,
WHEREAS, the hourly rate paid to Barry Curtis will be $90.46 which is equal to the
hourly rate paid to the prior occupant of the position; and,
WHEREAS, Barry Curtis has not and will not receive any other benefit, incentive,
compensation in lieu of benefit or other form of compensation in addition to this hourly
pay rate.
THEREFORE, BE IT RESOLVED THAT the City Council of the City of Seal Beach
hereby certifies the nature of the employment of Barry Curtis as described herein and
detailed in the attached employment documentation, and that this appointment is
necessary to fill the critically needed position of Community Development Director for the
City of Seal Beach because providing for continuity in the position of Community
Development Director is important to provide for the functioning of the Department and in
meeting the needs of the City, its residents and businesses, especially during the
ongoing pandemic emergency. It is also important to successful functioning of
municipal operations and providing leadership and direction to City staff. Mr. Curtis is
uniquely qualified to fulfill this interim assignment because of his specialized skills gained
through training and experience during a long and successful career in community
development, including previous service with the City.
BE IT FURTHER RESOLVED THAT, the appointment of Barry Curtis under the
aforementioned terms is approved, and the City Manager is authorized to execute any
necessary agreement on behalf of the City.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular
meeting held on the 26th day of July, 2021 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Joe Kalmick, 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 7181 on file in the office of the City
Clerk, passed, approved, and adopted by the City Council at a regular meeting held on
the 26th day of July, 2021.
Gloria D. Harper, City Clerk
EMPLOYMENT AGREEMENT
Between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
0
Barry Curtis
-1-
This Agreement is made to be effective as of July 9, 2021, by and between the
City of Seal Beach, a California charter city ("City"), and Barry Curtis, an individual
("Employee").
RECITALS
A. Effective July 9, 2021, City has appointed Employee as a retired annuitant
to the position of Interim Community Development Director.
B. Employee represents that he is qualified to perform the duties of Interim
Community Development Director.
C. City and Employee wish to enter into an Employment Agreement
("Agreement").
NOW, THEREFORE, for and in consideration of the mutual covenants and
conditions herein contained, City and Employee agree as follows:
1. TERM. The effective date of this Agreement is July 9, 2021. This
Agreement shall be effective through the earliest of the following dates: June 30, 2022
or the date upon which Employee has worked 960 hours between September 1, 2021
and June 30, 2022.
2. DUTIES AND AUTHORITY. Employee shall exercise the powers and
perform the duties of the position of Interim Community Development Director as set
forth by City. Employee shall exercise such other powers and perform such other duties
as the City Manager may assign. Employee shall serve at the pleasure of the City
Manager and shall be an exempt, "at -will" employee not subject to any collective
bargaining agreement or civil service system.
3. EMPLOYEE'S OBLIGATIONS. Employee shall devote his full energies,
interests, abilities and productive time to the performance of this Agreement, and utilize
his best efforts to promote City's interests. Employee has disclosed existing
commitments for outside professional work to Employer. Other than time spent on the
professional commitment previously disclosed to Employer, Employee shall not engage
in any activity, consulting service or enterprise, for compensation or otherwise, which is
actually or potentially in conflict with, or which materially interferes, with his duties and
responsibilities to City.
4. COMPENSATION AND REIMBURSEMENT FOR EXPENSES.
A. Hourly Rate. City shall pay Employee at an hourly rate of $90.46,
less any legally required deductions. Employee shall not work, and shall not be paid
for, more than 960 hours between September 1, 2021 and June 30, 2022. Employee's
compensation shall be subject to withholding and other applicable taxes, and shall be
payable to Employee at the same time as employees of City are paid. Employee shall
be exempt from the overtime pay provisions of California and federal law.
-2-
B. Expenses. City shall reimburse Employee for actual, reasonable,
and necessary expenses incurred in the performance of his official duties that are
supported by expense receipts in accordance with AB 1234 and any applicable City
ordinances, resolutions, rules, policies or procedures, subject to the approval of the City
Manager.
5. INDEMNIFICATION. Except as otherwise permitted, provided, limited or
required by law, including without limitation California Government Code Sections 825,
995, and 995.2 through 995.8, City will defend and pay any costs and judgments
assessed against Employee arising out of an act or omission by Employee occurring in
the course and scope of Employee's performance of his duties under this Agreement.
6. OTHER TERMS AND CONDITIONS OF EMPLOYMENT. The City
Manager may from time to time fix other terms and conditions of employment, as well as
job duties, relating to the performance of Employee provided such terms and conditions
are not inconsistent with or in conflict with the provision of this Agreement or other
applicable law.
7. TERMINATION.
A. Termination by City. Employee is employed at the pleasure of the
City Manager, and is thus at -will. The City Manager may terminate this Agreement and
the employment relationship at any time without cause. Nothing in this Agreement shall
prevent, limit or otherwise interfere with the right of City to terminate the employment of
Employee. City shall pay Employee for all services through the effective date of
termination.
B. Employee -Initiated Termination. Employee may terminate this
Agreement by providing City 30 days advance written notice. The City Manager may, in
his or her sole discretion, waive all or part of this advance notice period.
8. INTEGRATION OF AGREEMENT. This Agreement contains the entire
Agreement between the parties and supersedes all prior oral and written agreements,
understandings, commitments, and practices between the parties concerning
Employee's employment. Each party to this Agreement acknowledges that no
representations, inducements, promises or agreements, oral or written, have been
made by any party, or anyone acting on behalf of any party, which is not embodied
herein, and that no other agreement, statement, or promise not contained in this
Agreement shall be valid or binding on either party.
9. METHOD OF AMENDMENT. Amendments to this Agreement are
effective only upon City and Employee written approval.
10. NOTICES. All notices pertaining to this Agreement shall be sent to:
Nil
Employee: Barry Curtis
211 8th Street
Seal Beach, California 90740
(or at such other address as Employee may designate
later in writing)
CITY: City Manager
City of Seal Beach
211 8th Street
Seal Beach, California 90740
Such notice shall be deemed made when personally delivered, transmitted by
facsimile, or when mailed, 48 hours after deposit in the U.S. Mail, first class postage
prepaid and addressed to the party at its applicable address. Actual notice shall be
deemed adequate notice on the date actual notice occurred, regardless of the method
of service.
11. GENERAL PROVISIONS.
A. If any provision of this Agreement is held invalid or unenforceable,
the remainder of this Agreement shall nevertheless remain in full force and effect. If any
provision is held invalid or unenforceable with respect to particular circumstances, it
shall nevertheless remain in full force and effect in all other circumstances.
B. This Agreement shall be interpreted and construed pursuant to and
in accordance with the City Charter, applicable laws of the State of California and all
applicable City Codes, Ordinances and Resolutions.
Executed by the parties as of the date below at Seal Beach, California.
City of Seal Beach
Jill R. Ingram, City Manager
Date:
ATTEST:
Gloria D. Harper, City Clerk
ie
Employee
Barry Curtis, Interim Community
Development Director
APPROVED AS TO FORM
ig A. Steele, City Attorney
1672
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AGENDA STAFF REPORT
�1'',,C'QCIFORN�P'r
DATE: July 26, 2021
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Barry Curtis, Interim Director of Community Development
SUBJECT: Zone Text Amendment 21-1 amending portions of Title 11 of
the Seal Beach Municipal Code pertaining to Accessory
Dwelling Units (ADUs) consistent with State law
requirements; and, Introduction for First Reading of
Ordinance Amending portions of Title 11 of the Seal Beach
Municipal Code pertaining to Accessory Dwelling Units
(ADUs)
SUMMARY OF REQUEST:
That the City Council:
1. Hold a duly noticed public hearing; and,
2. Introduce Zone Text Amendment 21-1 and introduce for first reading, and
waive further reading of Ordinance 1690, amending Title 11 of the Seal
Beach Municipal Code pertaining to Accessory Dwelling Units and finding
the Ordinance to be exempt from the California Environmental Quality Act;
and,
3. Schedule the second reading of Ordinance 1690 for the August 9, 2021
City Council meeting.
BACKGROUND AND ANALYSIS:
BACKGROUND
Previous City Actions
On January 14, 2019, the City Council adopted Ordinance 1673 (Zone Text
Amendment 18-2) regarding regulations for accessory dwelling units (ADUs) in
residential zones in the City to comply with then recently adopted State
legislation. This action followed previous City Council action in December 2016
and December 2017, where the City Council adopted an Urgency Ordinance and
Extension of Urgency Ordinance, respectively, amending regulations for ADUs in
Agenda Item 0
residential zones in the City to comply with State legislation at that time
(discussed below), and directed staff to review new legislation and present an
ordinance for final action. The intent of this legislation was to increase the
housing supply in California by facilitating the creation of new ADUs. This
legislation limited the City's prior regulation of second dwelling units and required
amendments to the Municipal Code to be compliant. Additional amendments
were enacted by Assembly Bill 494 (AB 494) and Senate Bill 229 (SB 229) in
2017. These bills further restricted the ability of cities to regulate ADUs in
residential districts.
As allowed by State law at that time, Zone Text Amendment 18-2 contained
specific operational provisions to ensure that ADUs would remain consistent with
the residential neighborhoods in which they would be located. These included
provisions related to tenure, zoning district, lot area, size and owner occupancy.
State Reaulations
2017 and 2018 Legislation
In January 2017, the State established ADU laws to regulate the development of
ADUs within single-family and multi -family residential zones and to promote
housing production. The bills (AB 229 and SB 1069) were intended to reduce
barriers to the development of ADUs. The regulations were amended again
effective January 2018. These regulations are reflected in the City's existing
standards.
2019 Legislation
In October 2019, the Governor signed multiple housing laws to further promote
the development of ADUs and junior accessory dwelling units (JADUs) in single-
family, multi -family, and mixed-use zones. The intent was to promote additional
housing stock to help address California's housing needs. Effective January 1,
2020, State law requires cities to relax or eliminate many development standards
relating to ADUs. For example, cities can no longer establish a minimum lot size
where an ADU can be constructed or prohibit ADUs of less than 800 square feet
in area. In addition, cities cannot require replacement of parking spaces lost
when a garage is converted into an ADU.
These new laws became effective on January 1, 2020 and invalidated any local
ordinances that did not comply with the new standards. The two primary bills
were AB 881 and AB 68. Both are described below.
..�
AB 881 made several changes to the ADU provisions as summarized below:
• ADUs must be allowed in all residential zones with some limitations.
Additionally, in certain circumstances they are also required to be allowed
in mixed-use zones.
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• All ADUs, as well as JADUs, must be approved within 60 days if they meet
new requirements for ministerial approval. However, if an ADU or JADU is
being proposed in conjunction with a new primary structure, the approval
may be delayed until the primary structure is approved.
• The grounds on which an ADU may be denied are now limited to water,
sewer, traffic flow and public safety.
• The City may not have a minimum lot size for lots where an ADU is
allowed. This will eliminate the City's existing 5,000 -square -foot minimum
lot size requirement.
• The law has been clarified to provide that ADUs must be allowed within a
proposed or existing primary dwelling in addition to being allowed to be
attached or detached to/from the main unit. The difference between an
interior ADU and a JADU is primarily the size.
• At most, the City may require four -foot side and rear yard setbacks from an
ADU. No setbacks may be required if the ADU is being converted from or
constructed in the exact same location as a permitted accessory structure,
including a garage. The City must allow conversion of garages and no
replacement parking can be required for a garage that is removed as part
of creating an ADU.
• Through January 1, 2025, the City may not impose an owner -occupancy
requirement for ADUs.
• A maximum unit area requirement may be established of no less than 850
square feet for studio and one -bedroom ADUs and 1,000 square feet for
ADUs with more than one bedroom. If the City were to impose a percent
limitation based on the existing size of the primary single-family dwelling,
such as a 50 percent limit, it must still allow an ADU that is at least 850
square feet in area. The State has also capped the size of an ADU where
there is an existing primary dwelling at 50 percent of the area of the
existing primary dwelling if attached to said dwelling or 1,200 square feet if
detached. Cities can also impose a minimum unit size, with certain
restrictions.
• Four categories of ADUs must be identified regardless of any other
provisions for an ADU within a residential or mixed-use zone; these are:
1. An ADU within a proposed or existing single-family dwelling when
certain conditions are met.
2. A detached ADU that is no more than 800 square feet in area, 16 feet in
height, and the ADU is set back at least four feet from both the side and
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rear property lines. When this type of ADU is approved, an owner may
also have a JADU within the main dwelling.
3. ADUs inside a multi -family dwelling in spaces that are not used as
habitable spaces, such as storage rooms, boiler rooms, attics,
basements, or garages provided the unit complies with the building
code standards for dwellings. The City must allow up to 25 percent of
the number of existing units and a minimum of one. For example, an
existing apartment building with 10 apartments would be allow up to two
internal units, as two units (20 percent) would not exceed the 25
percent requirement.
4. Two detached ADUs on a lot with a multifamily dwelling provided that
each ADU is no greater than 16 feet in height and has minimum four -
foot side and rear yard setbacks. State law does not impose a minimum
size, but staff is recommending that the City's existing minimum floor
area standards for ADUs also apply in this type of situation.
AB 68
• AB 68 relates to JADUs. A JADU is an accessory dwelling unit that is built
within a single-family residential structure and is no more than 500 square
feet in area. It may have its own sanitation facilities (bathroom) or could
share such with the primary residence. The JADU must have kitchen
facilities as defined in State law.
• Prior to the 2019 legislative session, a city was not required to enact
provisions allowing such units. If a city does not have an Ordinance, a
JADU application will be approved in accordance with the provisions set
forth in State law.
• The proposed ordinance does not require the front door to be located on a
different side of the house from the front door of the primary unit and
specifies that application fees must be paid along with permit and
inspection fees.
• In situations involving a JADU, the owner must reside in either the JADU or
primary dwelling unit. In contrast, and as previously described, through
2025 the City cannot impose an owner -occupancy restriction for an ADU.
Other 2019 Bills
SB 13 added section 17980.12 to the Health and Safety Code. Under this new
requirement, through January 1, 2030, the City must include a notice to owners
of ADUs with building code violations stating that the recipients of the notice can
seek to defer the corrections if it is not a matter of health and safety. If the City
agrees that the issue is not related to health and safety, then enforcement shall
be delayed for five years. This only applies to ADUs built before January 1, 2020
or to ADUs built after January 1, 2020 in a city that did not have a compliant
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ordinance but does have one at the time the request for delay is made (this will
apply to Seal Beach once new State -compliant standards are adopted).
AB 670 added Section 4751 to the Civil Code. This section provides that CC&Rs
for lots zoned for single-family residential use may not prohibit or unreasonably
restrict the construction or use of an ADU or a JADU.
2020 Leaislation
Effective January 1, 2021, AB 3182 attempted to clarify ambiguities between and
within the various 2019 Legislation. Substantive impacts to Seal Beach include:
1) the inclusion of a "deemed approved" clause to the previously -added 60 -day
ministerial review period for considering ADU applications; 2) rather than
requiring cities to ministerially allow one ADU or one JADU on residential or
mixed-use zoned properties with a proposed or existing single-family dwelling (if
certain requirements are met), AB 3182 now requires ministerial approval of one
ADU and one JADU in such cases; and 3) clarified that the City cannot impose
owner -occupancy requirements on an ADU permitted between January 1, 2020
and January 1, 2025, but would allow such restrictions thereafter on single-family
lots. Owner -occupancy requirements are still allowed (required) in conjunction
with JADUs. Not related to City regulations, but of interest to some properties in
the City, are new provisions restricting homeowner's associations (HOAs) from
prohibiting the rental or leasing of separate interests in their communities along
with additional limitations affecting the rights of HOAs.
Accessory Dwelling Units in Seal Beach
Since 2017, when the City first adopted an Ordinance specifically addressing
ADUs under new State regulations, there have been four ADU applications
submitted: one is under construction and three are in plan check.
NEW ADU DEVELOPMENT STANDARDS
The proposed Ordinance has been structured into four components: Intent, ADU
Standards, JADU Standards, and State -compliant and general Development
Standards. The ADU and JADU Standards sections contain requirements
pertaining to zoning, structure types, unit count, size, and conversions. The
Development Standards section applies to both ADUs and JADUs and contains
requirements such as utility connections, setbacks, height, architectural
standards, garage conversions and parking (See Attachment 1).
Design and Development
Types
State law identifies two types of accessory dwelling units: ADU and Junior ADU
(JADU). ADUs can take three general forms: attached; detached; and
conversion. An attached ADU is a unit attached to the primary residential
structure. A detached ADU is a unit physically separated from a residential
Page 5
structure. While a converted ADU is a space within the primary residence or an
accessory structure that is converted into an independent living unit. Depending
on the type of ADU, the impacts could vary and certain requirements such as the
size, location, setbacks, and parking and contextual standards should be
considered, where allowed and appropriate.
ATTACHED DETACHED CONVERSION
Number of ADUs
Consistent with the new requirements of State law, under the proposed
ordinance, the type of dwelling on the property would determine the number of
allowable ADUs. Specifically, a lot with a single-family residential dwelling may
have one ADU and one JADU, whereas a lot with a multi -family residential
dwelling may have two detached ADUs and no JADUs, as well as the potential
for at least one conversion ADU (25 percent of total existing units), provided
conditions are met. (Note: for the purpose of the proposed ordinance, a duplex is
considered a single-family or primary residence for the purpose of determining
the number of permitted ADUs and JADUs.) Multi -family residential structures
may potentially have more than two ADU units (not more than 25 percent of the
total number of existing units plus two detached ADUs), if the ADUs are located
within non -livable spaces of onsite dwelling units (e.g., storage rooms,
basements, garages, etc.). For example, a multi -family dwelling with 16 units
may have two detached ADUs and up to four ADU conversions within existing
non -livable spaces (see Table 1).
Table 1 - Proposed ADU Reauirements
Number
Size
Requirement
SFD
1 ADU
• Attached — 1,000 SF*
New structures, additions, and
o (or 50% of existing
conversions within a single-family
dwelling whichever
dwelling or accessory structure
is greater)
• Detached — 1,200 SF
• Conversions — Within
confines of the
existing building
1 JADU
Interior— 500 SF
• Within confines of the existing
building
MFD
3 ADU**
• Detached - 800 SF
• New detached structures and
Setback of the
. Conversion of any portion of the existing
• Conversions — Within
conversion within non -livable
structure
confines of the
spaces
existing building
• Within confines of the existing
structure
Single story
building
* 1,200 SF permitted when at least one parking space provided for ADU
** Multi -family sites are allowed 2 detached ADUs plus 1 or more conversion ADUs
(25% of total units)
under certain standards. See Gov't Code § 65852.2(e)(1)(C)((ii).
ADU Size
State law mandates differing maximum allowed ADU sizes based on the number
of bedrooms and requires that local agencies allow for an ADU of at least 850
square feet in area (studio and one -bedroom units) or 1,000 square feet for
ADUs with more than one bedroom. State law also differentiates requirements for
attached and detached ADUs with detached ADUs required to be allowed to be
at least 1,200 square feet in area. One option the City could pursue would be to
strictly follow the State minimums. Staff recommends a simplified approach of a
maximum of 1,000 square feet unless at least one parking space is provided for
the ADU, in which case 1,200 square feet would be permitted. Note: The City
currently allows ADUs up to 1,200 square feet in gross floor area.
Setbacks
State regulations generally require local agencies to allow ADUs that are at least
800 square feet in area, which do not exceed 16 feet in height, and which comply
with side and rear setbacks of four feet for ADUs on properties with single-family
dwellings. However, State law is silent on street -facing, side setbacks and
setbacks for second floor and two-story ADUs. To reduce visual impacts to the
existing streetscape, promote neighborhood compatibility, and reduce potential
privacy impacts, setbacks for ADUs located on a corner lot and second floor or
two-story ADUs are subject to setback requirements consistent with the primary
residential structures (see Table 2).
Table 2 - Proaosed Setback Reauirements
Page 7
Minimum Setback
Requirement
Conversions
Setback of the
. Conversion of any portion of the existing
existing structure
structure
• ADU construction in the same location and
to the same dimensions as an existing
structure
Single story
Front — Per district
• ADUs on a corner lot may retain the setback
ADUs
Side (int) — 4 feet*
of the existing home (e.g., legal non -
Side (ext) — 10 feet*
conforming side setback) or 10 feet,
Rear — 4 feet
whichever is less
Page 7
Second -floor
Front — Per district
• Setbacks are the same as the underlying
or two-story
Side (int) — 4 feet*
zone
ADUs
Side (ext) — 10 feet*
dwelling on the property
Second Floor
Rear — 4 feet
. Two-story structures shall not exceed the
ADU
Rear (abutting alley)
height requirements of the underlying
— Max. 4.5 ft.
zone
overhang
Distance
6 feet
• Distance from ADU to primary dwelling unit
between
or any accessory structures (e.g., detached
structures
garage)
* Or per district, whichever is less.
Height
The proposed Ordinance reflects the mandated State standards for height
applicable to single -story ADUs (16 -foot maximum height); however, beyond the
minimums of State law, the Ordinance proposes specific standards to allow
second floor ADUs above detached garages when the owner agrees to maintain
the garage as available for parking of vehicles. Alternatively, State law would
allow the garage to be converted to an ADU with no replacement parking.
A combination of setback and height standards for second floor ADUs (either
attached to a primary dwelling or above a detached garage) will preserve the
character and scale of Seal Beach's established residential neighborhoods and
remain consistent with existing two-story structures which are permitted by right
in all residential neighborhoods as shown in Table 3.
Table 3 - Proaosed General Heiaht
Open Space
State law preempts a City from establishing limits on lot coverage that would
hinder the creation of an ADU of at least 800 square feet in area. As such, the
Ordinance includes an open space standard consistent with the underlying zone,
which is only applicable to any ADU that exceeds 800 square feet in size
consistent with requirement of SBMC Section 11.2.05.015 to ensure adequate
open space is provided when larger ADUs are proposed.
Objective Design Standards
'm
Maximum Height
Requirement
Single Story
16 feet
. Not to exceed the height of any other
ADU
dwelling on the property
Second Floor
Per district
. Two-story structures shall not exceed the
ADU
height requirements of the underlying
zone
Open Space
State law preempts a City from establishing limits on lot coverage that would
hinder the creation of an ADU of at least 800 square feet in area. As such, the
Ordinance includes an open space standard consistent with the underlying zone,
which is only applicable to any ADU that exceeds 800 square feet in size
consistent with requirement of SBMC Section 11.2.05.015 to ensure adequate
open space is provided when larger ADUs are proposed.
Objective Design Standards
'm
To preserve architectural consistency with the existing residential unit on the lot,
staff recommends ADUs continue to be required to have the same design,
materials, finishes and colors as the main residential unit. In addition, the
proposed Ordinance includes a provision requiring the entrance of the ADU or
JADU to be located in a manner subordinate to the main entrance of the primary
residence (e.g., along the side of the house or within the interior of the property)
to reduce the prominence of the ADU and to preserve the character of the
residential neighborhood.
Recognizing that following the same design, architecture, colors and materials of
the primary dwelling may not always result in the optimum project aesthetics, the
proposed Ordinance would allow discretion for the use of architecturally and
aesthetically complimentary designs and materials subject to approval of a minor
use permit.
Zoning (Land Use Matrix)
State law requires that ADUs be allowed in any zone that allows residential uses
including multi -family and mixed-use zones. Under State guidelines, ADUs are
allowed in mixed-use developments if there is a single-family and/or multi -family
dwelling on the property. For properties that are legal non -conforming in terms of
zone (e.g., a residential unit in a commercial zone), the creation or conversion of
an ADU would be prohibited. Therefore, the Land -Use Matrix will be amended to
permit the construction of an ADU in any zone that allows residential uses and on
any lot that contains a single-family and/or multi -family dwelling unit (existing or
proposed).
On the other hand, State law requires JADUs to be permitted only in zones that
allow for a residential use on a lot that only contains a single-family dwelling. The
land use matrix will be modified to reflect this mandate.
Parking Requirements
Under State law effective January 1, 2020, the City cannot require parking for an
ADU that meets any of the following criteria: 1) located within one-half mile of a
transit stop (including buses); 2) located within an historic district; 3) located
within a primary residence; 4) located along a street with on -street parking
permits where the City does not issue permits to the ADU occupant; or 5) where
there is a car -share vehicle within one block of the ADU. In addition, the City
cannot require the replacement of parking for the conversion of an existing
garage or carport, or if a covered parking structure is demolished to be replaced
with an ADU or is converted to an ADU. As a result, staff is recommending
second -story ADUs be permitted above existing garages so long as the garage
remains available for parking. The proposed Ordinance reflects these mandates
but continues to require parking for ADUs in areas of the City that are not
exempt.
Page 9
Ministerial Approval
Under State law, applications for accessory dwelling units must now be approved
or disapproved ministerially (no discretionary review) within 60 days of receipt.
Currently, the City's Community Development Department reviews and issues
decisions on applications for accessory dwelling units and will continue to do so
under the new legislation and ordinance.
Location
The City can continue to designate areas where ADUs are permitted, but a
prohibition on ADUs must be justified by express findings. Regarding permissible
locations for ADUs in the City, and consistent with State law, ADUs will now be
permitted in all zones which allow residential uses. Importantly, ADUs will now be
permitted in Old Town and Surfside.
Development Standards
The Municipal Code requires that all ADUs meet the development standards
applicable to the residential zone in which they are located. To the extent allowed
by State law, the Code will continue to require that ADUs meet all applicable
development standards including setbacks, parking and height limitations. ADUs
are not required to provide fire sprinklers if they are not required for the primary
residence.
Operational Standards
The Municipal Code currently contains specific operational provisions to ensure
that ADUs remain consistent with the residential neighborhoods in which they will
be located. To the extent permissible, many of these regulations will remain as
described below.
• Rental: The unit is not intended for sale separate from the primary
residence and may be rented. This is part of the existing code and will
remain. Cities may also prohibit short-term rentals (less than 30
consecutive days). The proposed Ordinance contains a prohibition on
rentals of less than 30 consecutive days.
• Zone: Currently, ADUs are only allowed on lots located within the RLD-9
and RLD-15 Districts, and in the RMD and RHD Zones (excluding Old
Town and Surfside), which contain an existing single-family dwelling.
Consistent with State law, the Ordinance will broaden zoning districts
where ADUs are permitted to include all districts where residential uses
are permitted.
• Lot Requirement: ADUs are currently permitted to be located on the same
lot as an existing single-family dwelling. Consistent with State law, the
Ordinance will broaden this to include any lot containing an existing or
proposed single-family or multi -family dwelling.
Page 10
• Size: If attached, the ADU cannot exceed 50 percent of the existing
residence, with a maximum of 1,200 square feet for both attached and
detached ADUs. This is consistent with existing code provisions and will
remain.
• Owner -Occupied: The property owner is currently required to occupy
either the primary residence or the accessory dwelling unit. Consistent
with State law, owner -occupancy requirements are no longer permitted
(through January 1, 2025); except that they are required for JADUs.
The proposed amendments in the attached Ordinance are proposed to reflect the
changes that resulted from State legislation that took effect in 2020 and 2021.
Plannina Commission Recommendation
The Planning Commission considered Zone Text Amendment 21-1 at a duly
noticed public hearing on May 17, 2021. After considering information from City
staff and the public, the Commission voted 4-1 (Commissioner Campbell voting
no) to recommend the City Council approved Zone Text Amendment 21-1.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item. Pursuant to the California
Environmental Quality Act ("CEQA"), the Community Development Department
has determined that the proposed amendments to Accessory Dwelling Unit
regulations are exempt from the requirements of CEQA and the City's CEQA
Guidelines pursuant to Public Resources Code Section 21080.17 and CEQA
Guidelines Section 15282(h) which exempts the adoption of an ordinance
regarding second units in a single-family or multi -family residential zone. To the
extent that any provisions of this ordinance are not exempt pursuant to Public
Resources Code Section 21080.17 and Section 15282(h), the amendments are
not subject to CEQA pursuant to CEQA Guidelines Section 15061(b)(3), because
it can be seen with certainty that there is no possibility that the activity in question
may have a significant effect on the environment.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved the Ordinance as to form.
FINANCIAL IMPACT:
There are no anticipated General Fund impacts associated with the approval of
Zone text Amendment 21-1.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
Page 11
MEASURE BB:
This item is not applicable to Measure BB, the Seal Beach Neighborhood and
Essential Services Protection Measure.
RECOMMENDATION:
That the City Council:
1. Hold a duly noticed public hearing; and,
2. Introduce Zone Text Amendment 21-1 and introduce for first reading,
and waive further reading of Ordinance 1690, amending Title 11 of the
Seal Beach Municipal Code pertaining to Accessory Dwelling Units
and finding the Ordinance to be exempt from the California
Environmental Quality Act; and,
3. Schedule the second reading of Ordinance 1690 for the August 9,
2021 City Council meeting.
SUBMITTED BY:
Barry Curtis
Barry Curtis, Interim Director of
Community Development
ATTACHMENTS:
A. Ordinance 1690 — ZTA 21-1
Page 12
NOTED AND APPROVED:
Jill R. Ingram
Jill R. Ingram, City Manager
AN ORDINANCE OF THE CITY OF SEAL BEACH
AMENDING TITLE 11 OF THE SEAL BEACH
MUNICIPAL CODE PERTAINING TO ACCESSORY
DWELLING UNITS AND FINDING THE ORDINANCE TO
BE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS
FOLLOWS:
Section 1. Effective January 1, 2020, Senate Bill 13 ("SB 13"), Assembly Bill 68
("AB 68"), and Assembly Bill 881 ("AB 881") amended Government Code Sections 65852.2
and 65852.22 to further limit the standards cities may impose on accessory dwelling units
("ADUs") and junior accessory dwelling units ("JADUs"). Government Code Section 65852.2
also was amended this year by Senate Bill 1030 and Assembly Bill 3182.
Section 2. Procedural Findings. The City Council of the City of Seal Beach does
hereby find, determine, and declare that:
A. On May 17, 2021, the Planning Commission considered this Ordinance at
a duly noticed public hearing, as prescribed by law, at which time City staff and interested
persons had an opportunity to and did testify either in support of or against this matter.
B. At the conclusion of the Planning Commission hearing and after due
consideration of the testimony, the Planning Commission adopted Resolution No. 21-1,
recommending approval of the Ordinance by the City Council.
C. The City Council, at a regular meeting, considered the Ordinance on June
28, 2021, at a duly noticed public hearing, as prescribed by law, at which time City staff and
interested persons had an opportunity to and did testify either in support of or against this matter.
D. Following the public hearing, the City Council considered the entire
record of information received at the public hearings before the Planning Commission and City
Council.
Section 3. Findings. In approving the proposed Zoning Code amendment, the City
Council hereby makes the following findings that the Ordinance is consistent with the General
Plan as follows:
A. The proposed Code Amendment is consistent with the following General
Plan Land Use Element Goals and Policies in that accessory dwelling units improve and expand
housing opportunities and housing choice:
1. Features of the Community: A goal of the City is to maintain and
promote those social and physical qualities that enhance the character of the community and the
environment in which we live.
1
2. Housing: It is to be a goal of the City to preserve its low- and
medium -density residential character while still providing a wide choice of living
accommodations and lifestyles for its residents.
B. The proposed Ordinance is consistent with the following City's General
Housing Element Goals and Policies in that it will: facilitate the development of a variety of
housing types for all income levels to meet the existing and future needs of residents; assist in
the development of adequate housing to meet the needs of low- and moderate -income
households; address, and where appropriate and legally possible, remove governmental
constraints to the maintenance, improvement and development of housing; and encourage more
efficient energy use in residential developments.
1. Goal 1: Facilitate the development of a variety of housing types
for all income levels to meet the existing and future needs of residents.
The proposed Ordinance will allow and facilitate the provision of a broader spectrum of ADUs
and hence housing types available to lower income, senior and special needs households.
2. Program lc: Second Units: Continue to allow for the development
of second units consistent with state law and the Municipal Code.
The proposed Ordinance will continue to allow second units (ADUs) consistent with state law.
3. Goal 2: Assist in the development of adequate housing to meet the
needs of low- and moderate -income households.
The proposed Ordinance will allow and facilitate the provision of ADUs thereby adding
additional housing units available to low- and moderate -income households.
4. Policy 2a: Expand housing opportunities for households with
special needs, such as the elderly, disabled, large households, female -headed households, and the
homeless.
The proposed Ordinance will allow and facilitate the provision of ADUs thereby adding
additional housing units available to households with special needs, such as the elderly, disabled,
large households, female -headed households, and the homeless.
5. Policy 2b: Provide incentives for and otherwise encourage the
development of new affordable housing for low- and moderate -income households, including
extremely -low-income persons.
The proposed Ordinance will facilitate and incentivize the provision of a broader spectrum of
ADUs, through relaxed development standards, and hence encourage the development of
additional housing available in particular to lower income households.
6. Policy 2d: Direct the construction of low- and moderate -income
housing to sites that are:
4
• located with convenient access to schools, parks, public transportation,
shopping facilities, and employment opportunities;
• adequately served by public utilities;
• adequately served by police and fire protection;
• compatible with surrounding existing and planned land uses;
• minimally impacted by noise, flooding, or other environmental
constraints; and
• outside of areas of concentrated lower-income households.
The proposed Ordinance will facilitate and incentivize the provision of a broader spectrum of
ADUs throughout all the City's residential communities thereby assuring they are allowed and
encouraged in areas appropriate for residential use in a manner that does not result in undue
concentration of lower income households.
C. The proposed amendments are also consistent with Chapter 3 of the
Coastal Act, will not have an impact either individually or cumulatively on coastal resources, and
do not involve any change in existing or proposed use of land or water.
Section 4. Chapter 11.4.05.115 (Residential Uses - Accessory Dwelling Units) of
Title 11 of the Seal Beach Municipal Code is hereby amended in its entirety to read as follows:
"Sec. 11.4.05.115. - Accessory dwelling units.
A. Purpose and applicability. The purpose of this chapter is to implement the
requirements of Government Code Sections 65852.2 and 65852.22 to allow
accessory dwelling units and junior accessory dwelling units in a manner that
encourages their development but simultaneously minimizes impacts on traffic,
parking, density, and other areas where the City is still permitted to exercise local
control.
B. Definitions. For the purposes of this section, the following definitions apply.
(1) "Attached ADU" means an ADU that is constructed as a physical expansion
(i.e. addition) of the Primary Dwelling and shares a common wall with the
Primary Dwelling.
(2) "Detached ADU" means an ADU that is constructed as a separate structure
from the Primary Dwelling, which does not share any walls with the Primary
Dwelling.
(3) "Existing structure" means an existing single-family dwelling, duplex or other
accessory structure that can be safely converted into habitable space under the
California Building Standards Code, as amended by the City, and other
applicable law.
(4) "Junior Accessory Dwelling Unit" or "JADU" has the same meaning ascribed in
Government Code Section 65852.22, as the same may be amended from time to
time. JADU standards apply to properties containing a Primary Dwelling.
3
(5) "Multi -family Dwelling" for purposes of this chapter, means a property
containing three (3) or more attached dwelling units. Multiple separate
residential structures on the same lot do not qualify as a multi -family building.
(6) "Primary Dwelling," for purposes of this chapter, means the existing or
proposed single-family dwelling or duplex on the lot where an ADU would be
located.
(7) "Public transit," for purposes of this chapter, has the meaning ascribed in
Government Code Section 65852.20), as the same may be amended from time
to time.
C. Building permit approval only. (Tier 1)
(1) An accessory dwelling unit application is not required to be filed with the
Community Development Director for an ADU or JADU that satisfies the
requirements of subsection C(2) of this section (Government Code Section
65852.2(e)(1), as the same may be amended from time to time), subsections
(G), (H), and (I) of this section, and Title 8, Building and Construction, of the
Seal Beach Municipal Code. A Building Permit application is required to be
filed with the Building and Safety Department.
(2) Pursuant to Government Code Section 65852.2(e), the City shall ministerially
approve an application for a building permit on a lot that is zoned to allow
single family or multi -family residential use to create any of the following:
(a) ADU and JADU within Primary Dwelling and ADUs within existing
accessory structures. One ADU and one JADU per lot with a proposed or
existing single-family dwelling if all of the following apply:
(i) The ADU or JADU is within the proposed space of a single-family
dwelling or existing space of a single-family dwelling or accessory
structure and may include an expansion of not more than 150 square feet
beyond the same physical dimensions as the existing accessory structure.
An expansion beyond the physical dimensions of the existing accessory
structure shall be limited to accommodating ingress and egress.
(ii) When an ADU is attached to a single-family dwelling, the ADU shall
have exterior access from the proposed or existing single-family
dwelling.
(iii)The side and rear setbacks are sufficient for fire and safety.
(iv)The JADU complies with the requirements of Government Code Section
65852.22 and with the requirements set forth in subsection (F) of this
section.
4
(b) Detached new construction ADUfor Primary Dwelling. One detached, new
construction ADU for a lot with a proposed or existing single-family
dwelling if all of the following apply. The ADU may be combined with a
JADU described in subsection (C)(2)(a) of this section.
(i) The ADU shall be no more than 800 square feet in size.
(ii) The ADU shall not exceed a height limit of 16 feet.
(iii) The ADU shall be setback a minimum of four feet from side and rear
lot lines. However, in districts which allow lesser side setbacks, the
lesser shall apply.
(c) ADU within non -livable space in existing multifamily dwelling. One ADU
within the portions of existing multifamily dwelling structures that are not
used as livable space, including, but not limited to: storage rooms, boiler
rooms, passageways, attics, basements, or garages, if each unit complies
with state building standards for dwellings. If requested, multiple ADUs
shall be allowed, up to the number of ADUs that equals 25 percent of the
existing multifamily dwelling units in the structure.
(d) Detached new construction ADUs for existing multifamily dwelling. Not
more than two detached ADUs located on a lot that has an existing
multifamily dwelling, subject to a height limit of 16 feet and minimum four -
foot rear yard and side setbacks. However, in districts which allow lesser
side setbacks, the lesser shall apply. Multiple separate residential structures
on the same lot do not qualify as a multi -family building.
D. Planning permit application. (Tier 2)
(1) An accessory dwelling unit application is required to be filed with the
Community Development Director for an ADU that does not satisfy the
requirements of subsection (C)(2) of this section. An accessory dwelling unit
application shall be made in writing to the Community Development Director
on the forms provided by the Planning Department, shall be accompanied by the
filing fee as established by resolution of the City Council, and shall include the
following information:
(a) Name and address of the applicant.
(b) Completed Owner's Affidavit.
(c) Assessor's parcel number(s) of the property.
(d) A site plan drawn in sufficient detail to clearly describe the following:
(i) Physical dimensions of the property.
5
(ii) Location and dimensions of all existing and proposed structures, walls,
and fences.
(iii)Location and dimensions of all existing and proposed easements, septic
tanks, leach lines, seepage pits, drainage structures, and utilities.
(iv)Location, dimensions, and names of all adjacent roads, whether public or
private.
(v) Setbacks.
(vi)Existing and proposed methods of circulation, including ingress and
egress, driveways, parking areas, and parking structures.
(vii) Panoramic color photographs showing the property from all sides and
showing adjacent properties.
(viii) A description of architectural treatments proposed for the ADU.
(ix)Written confirmation from any water district or sewer district providing
service of the availability of service.
(e) Floor plans. For an attached ADU, the plans must include the Primary
Dwelling, as well.
(f) Elevations. For an attached ADU, the plans must include the Primary
Dwelling as well.
(g) Such additional information as shall be required by the Planning Director.
(2) All ADUs shall satisfy the requirements of Title 8, Building and Construction,
of the Seal Beach Municipal Code. A Building Permit application is required to
be filed with the Building Department.
(3) In accordance with State law, ADUs are an accessory use or an accessory
structure to the Primary Dwelling on the lot. ADUs shall not be considered to
exceed the allowable density for the lot.
(4) The Community Development Director shall ministerially review and approve
an accessory dwelling unit application, provided that the submitted application
is complete and demonstrates that the ADU complies with the requirements
contained in this chapter and any other applicable law. A public hearing is not
required.
(5) Accessory dwelling unit applications subject to ministerial approval shall be
processed within the timelines established by California Government Code
Section 65852.2. The City shall act upon the accessory dwelling unit permit
within 60 days of receiving the application, or as the deadline required by
n
Government Code Section 65852.2, as the same may be amended from time to
time. Notice of decision on the application shall be mailed to the applicant. The
decision of the Community Development Director shall be final.
(6) Where an accessory dwelling unit application for an ADU is submitted with an
application for a Primary Dwelling that is subject to discretionary review under
Title 9 of the Seal Beach Municipal Code, the accessory dwelling unit
application shall be processed in accordance with this section, separately
without discretionary review or a public hearing, following action on the portion
of the project subject to discretionary review.
E. Standards for ADUs. Except those ADUs approved pursuant to subsection (C) of
this section (Building Permit Approval Only (Tier 1)), ADUs shall comply with the
following development standards:
(1) Location Restrictions: One ADU shall be allowed on a lot with a proposed or
existing Primary Dwelling that is zoned to allow single family or multi -family
residential use.
(2) Development Standards:
(a) Size restrictions.
i. Attached ADU (Existing Primary Dwelling): ADU shall not exceed
the lesser of. 1) fifty percent (50%) of the gross floor area for the
Primary Dwelling or 2) 850 square feet in gross floor area if it contains
one or fewer bedrooms or 1,000 square feet in gross floor area if it
contains more than one bedroom. Notwithstanding the above, an ADU
with a gross floor area between 1,001 and 1,200 square feet is allowed
provided a minimum of one parking space is provided for the ADU.
ii. Attached ADU (New Primary Dwelling): ADU shall not exceed 850
square feet in gross floor area if it contains one or fewer bedrooms or
1,000 square feet in gross floor area if more than one bedroom.
Notwithstanding the above, an ADU with a gross floor area between
1,001 and 1,200 square feet is allowed provided a minimum of one
parking space is provided for the ADU.
iii. Detached ADU: ADU shall not exceed fifty percent (50%) of the gross
floor area for the Primary Dwelling or 850 square feet in gross floor
area if it contains one or fewer bedrooms or 1,200 square feet in gross
floor area if more than one bedroom, whichever is less.
iv. In no case shall the gross floor area of an ADU be less than that of an
"efficiency unit" as defined in Health and Safety Code Section
17958.1.
7
(b) Height restrictions. A Detached ADU shall not exceed 16 feet in height,
and an Attached ADU shall not exceed the height of the Primary Dwelling.
An ADU may be constructed above a detached garage subject to the height
limits of the underlying zone, subject to recordation of a declaration of
restrictions, in a form approved by the City Attorney, agreeing to maintain
the existing garage as functionally available for parking.
(c) Setbacks. No setback shall be required for an ADU that is within a legally
Existing Structure or new ADU that is constructed in the same location and
with the same dimensions as a legally Existing Structure. For all other
ADUs, the required minimum setback from side and rear lot lines shall be
four feet, except in districts which allow lesser side setbacks, in which case
the lesser shall apply. An ADU shall comply with all required front yard
setbacks otherwise required by the Seal Beach Municipal Code.
(d) Lot coverage. An ADU shall conform to all lot coverage requirements
applicable to the zoning district in which the property is located, except
where the application of the lot coverage regulations would not permit
construction of an 800 -square -foot ADU that is 16 feet in height with at
least four -foot side and rear yard setbacks, except in districts which allow
lesser side setbacks, in which case the lesser shall apply.
(e) Design. The ADU shall have the same design, architecture, colors and
materials of the Primary Dwelling, and shall comply with any objective
design standards adopted by the City that are applicable to the zoning
district or Specific Plan area where the ADU is located.
i. An ADU that is architecturally and aesthetically complimentary to the
Primary Dwelling with regards to design, architecture, colors and
materials may be considered subject to the City's minor use permit
process.
(f) Exterior access. An ADU shall have a separate exterior access.
(g) Fire sprinklers. ADUs are required to provide fire sprinklers if required for
the Primary Dwelling.
(h) Historic resources. An ADU that has the potential to adversely impact any
historical resource listed on the California Register of Historic Resources,
shall be designed and constructed in accordance with the "Secretary of the
Interior's Standards for the Treatment of Historic Properties with Guidelines
for Preserving, Rehabilitating, Restoring, and Reconstructing Historic
Buildings" found at 36 CFR 68.3, as the same may be amended from time to
time. An ADU shall also comply with all local historic register
requirements, as well as all objective local requirements, ordinances, or
Specific Plans that pertain to historic resources.
(3) Parking Requirements:
L-13
(a) In addition to the off-street parking space(s) required for the Primary
Dwelling, one off-street parking space shall be provided for each ADU,
except when:
(i) The ADU is located within one-half mile walking distance of Public
Transit; or
(ii) The ADU is located within an architecturally and historically significant
historic district; or
(iii)The ADU is an attached ADU proposed with a new single-family
development, or a proposed conversion of an existing Primary Dwelling
or accessory structure; or
(iv)The ADU is located in an area where on -street parking permits are
required but not offered to an ADU occupant; or
(v) The ADU is located within one block of a city -approved and dedicated
parking space for a car share vehicle.
(b) When the ADU is created by converting or demolishing a garage, carport or
covered parking structure, replacement of parking space(s) eliminated by the
construction of the ADU shall not be required as long as the ADU remains
in use as a legal ADU.
(4) Other provisions:
(a) Recreational trailers are not permitted to be used as ADUs. This includes,
but is not limited, to recreational vehicles and mobile/motor homes.
F. Standards for JADUs. In accordance with the standards set forth in Government
Code Section 65852.22, JADUs shall comply with the following requirements,
unless State law is amended to set forth different standards in which case State law
standards will govern:
(1) A JADU shall be a minimum of 220 square feet and a maximum of 500 square
feet of gross floor area. The gross floor area of a shared sanitation facility
(bathroom) shall not be included in the maximum gross floor area of a JADU.
(2) A JADU must be contained entirely within the walls of the existing or proposed
single-family dwelling.
(3) A separate exterior entry from the main entrance to the single-family dwelling
shall be provided to serve a JADU.
(4) A JADU may include a separate sanitation facility (bathroom), or may share
sanitation facilities (bathroom(s)) with the existing single-family dwelling.
9
(5) A JADU shall include an efficiency kitchen which shall include all of the
following:
(a) A cooking facility with appliances.
(b) A food preparation counter and storage cabinets that are of reasonable size
in relation to the size of the JADU.
(6) No additional parking is required for a JADU.
G. Covenant required. Prior to the issuance of a Certificate of Occupancy for the
ADU or JADU, the property owner shall record a declaration of restrictions, in a
form approved by the City Attorney, placing the following restrictions on the
property, the property owner, and all successors in interest:
(1) The ADU or JADU shall not be sold, transferred, or assigned separately from
the Primary Dwelling, but may be rented.
(2) The ADU shall not be used for short-term rentals for less than 30 consecutive
days.
(3) If there is a JADU on the property, either the JADU or Primary Dwelling shall
be occupied by the owner of record.
H. Fees and utility connections.
(1) ADUs and JADUs shall have adequate water and sewer services. These
services may be provided from the water and sewer points of connection for the
Primary Dwelling and not be a separate set of services. For an ADU that is not a
conversion of an existing space, a separate utility connection directly between
the accessory dwelling unit and the utility may be required. Consistent with
Government Code Section 65852.2(f), the connection may be subject to a
connection fee or capacity charge that shall be proportionate to the burden of the
proposed accessory dwelling unit.
(2) The owner of an ADU or JADU shall be subject to the payment of all sewer,
water and other applicable fees, including impact fees set forth in Government
Code Section 66000 et seq., except as follows:
(a) ADUs that are less than 750 square feet shall not be subject to impact fees.
(b) ADUs that are 750 square feet or more shall be charged impact fees that are
proportional in relation to the square footage of the Primary Dwelling unit.
(3) The City shall not issue a building permit for an ADU or JADU until the
applicant provides a will serve letter from the local water and sewer provider.
Notwithstanding the foregoing, if a private sewage disposal system is being
used, the applicant must provide documentation showing approval by the
10
Building Official in lieu of the will serve letter by the local sewer provider. If a
private well is being used, the applicant must provide documentation showing
approval by the Building Official and Orange County Health Department in lieu
of the will serve letter by the local water provider.
I. Fire safety requirements. The construction of all new accessory dwelling units
shall meet minimum standards for fire safety as defined in the Building Code of the
City of Seal Beach and the Fire Code of the City of Seal Beach, as the same may be
amended by the City from time to time. All applications for accessory dwelling
units in areas designated as high or very high fire hazard zones shall be reviewed by
the Building Official and Fire Marshal to ensure the standards for fire safety as
defined in the Building Code of the City of Seal Beach and the Fire Code of the
City of Seal Beach will be met. Fuel modification treatments (clearing
requirements) will be greater for those properties in high and very high fire hazard
severity zones, which may be characterized by steeper terrain, larger and denser
fuels, fuels that are highly volatile, and subject to frequent fires. Clearing
requirements shall meet the state's General Guidelines for Creating Defensible
Space."
Section 5. Table 11.2.05.015 of Section 11.2.05.015 (Development Standards for
Residential Districts) of Chapter 11.2 (Residential Districts) of Title 11 of the Seal Beach
Municipal Code is hereby amended by providing for the minimum floor area for accessory
dwelling units consistent with state law as follows, with all other portions of Table 11.2.05.015
remaining the same:
Minimum Floor Area (s q.ft)
Primary
1,200
1,200(E)
950
950
950
950
Dwelling
Unit
Junior
220
220
220
220
220
220
Accessory
Dwelling
Unit
1-
400
400
400
400
400
400
Bedroom
Accessory
Dwelling
Unit
2+-
600
600
600
600
600
600
Bedroom
Accessory
Dwelling
Unit
Maximum Floor Area -for AccessoDwelling Units (sq. t)
Junior 500 1 500 500 500 500 500
11
Accessory
Dwelling
Unit
Efficiency Second Dwelling Unit
220
1 -Bedroom Second Dwelling Unit
400
2 or more Bedroom Second Dwelling Unit
600
Detached
1,200
1,200
1,200
1,200
1,200
1,200
Accessory
(L-4)
(L-4)
(L-4)
(L-4)
(L-4)
(L-4)
Dwelling
Unit
Attached
1,200
1,200
1,200
1,200
1,200
1,200
Accessory
(L-4)
(L-4)
(L-4)
(L-4)
(L-4)
(L-4)
L-3
Dwelling
Unit
Section 6. Table 11.2.05.015 of Section 11.2.05.015 (Development Standards for
Residential Districts) of Chapter 11.2 (Residential Districts) of Title 11 of the Seal Beach
Municipal Code is hereby amended to delete Note L-1 (Accessory Dwelling Units are not
allowed in the RHD -20 District located in Old Town or the Surfside Colony area of the RLD-9
zone due to fire, access, parking and traffic impacts, except that one accessory dwelling unit per
lot may be constructed within the existing space of an existing single-family residence or
existing accessory structure within a zone for single-family use if the accessory dwelling unit
meets all the requirements set forth in subsection T of this section) as this note is contrary to
State law. Notes L-2 to L-4 are renumbered to L-1 to L-3. A new Note L-4 is added as follows:
An ADU with a gross floor area between 1,001 and 1,200 square feet is allowed provided a
minimum of one parking space is provided for the ADU.
Section 7. Table 11.2.05.015.A.4 of Section 11.2.05.015 (Development Standards for
Residential Districts) of Chapter 11.2 (Residential Districts) of Title 11 of the Seal Beach
Municipal Code is hereby amended by providing for the minimum floor area for accessory
dwelling units consistent with state law as follows:
SURFSIDE MINIMUM UNIT SIZES
Unit Type, Minimum Unit Sizes . ft.
Primary dwelling unit 750
Efficiency Second Dwelling Unit
220
1 -Bedroom Second Dwelling Unit
400
2 or more Bedroom Second Dwelling Unit
600
Section 8. Table 11.4.20.015.A.1 of Section 11.4.20.015 (Required Off -Street
Parking Spaces) of Chapter 11.4.20 (Off -Street Parking and Loading) of Title 11 of the Seal
Beach Municipal Code is hereby amended to read as follows:
REQUIRED PARKING
Classification
Required Off -Street
Parking Spaces Additional Regulations
tial Use Types
Accessory Dwelling Units
See Section 11.4.05.115.E.3 See Section 11.4.05.115.E.3
12
Section 9. California Environmental Quality Act Exemption. The City Council
determines that this ordinance is exempt from environmental review under the California
Environmental Quality Act, (California Public Resources Code §§ 21000, et seq., ("CEQA") and
the CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) because this zoning
ordinance implements the provisions of Government Code Section 65852.2 and is therefore
exempt from CEQA pursuant to Public Resources Code Section 21080.17 and California Code
of Regulations Section 15282(h). To the extent that any provisions of this ordinance are not
exempt pursuant to Section 15282(h), the amendments are not subject to CEQA pursuant to
CEQA Guidelines Section 15061(b)(3), because it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment.
Section 10. Submittal of Ordinance. The Planning Director shall submit a copy of the
Ordinance to the Department of Housing and Community Development within 60 days after
adoption of this Ordinance.
Section 11. Severability. If any section, subsection, subdivision, sentence, clause,
phrase, word, or portion of this Ordinance is, for any reason, held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance. The City Council hereby declares
that it would have adopted this Ordinance and each section, subsection, subdivision, sentence,
clause, phrase, word, or portion thereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared
invalid or unconstitutional.
Section 12. Certification. The City Clerk shall certify to the passage and adoption of
this Ordinance and shall cause the same to be published or posted in the manner required by law.
Section 13. Effective Date. This Ordinance shall take effect thirty (30) days after
passage.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Seal
Beach this day of ,
ATTEST:
Gloria Harper, City Clerk
Joe Kalmick, Mayor
13
APPROVED AS TO FORM:
Craig Steele, City Attorney
[SEAL]
14
i�0� SEA('ec�9ti
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G� nyy
AGENDA STAFF REPORT
�1'',,C'QCIFORN�P'r
DATE: July 26, 2021
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Kelly Telford, CPA, Finance Director/Treasurer
SUBJECT: Approval of the Annual Special Taxes for Community
Facilities District No. 2002-01 "Heron Pointe"
SUMMARY OF REQUEST:
That the City Council adopt Resolution 7182 approving the Fiscal Year 2021-
2022 special tax levy for Community Facilities District No. 2002-01 "Heron
Pointe."
BACKGROUND AND ANALYSIS:
On September 23, 2002, the City approved the establishment of Community
Facilities District 2002-01 known as Heron Pointe ("the District") and approved
Ordinance No. 1490 authorizing the levy of special taxes within the District.
However, the development was faced with various delays related to the
discovery of a Native American burial site within the District's boundaries. As a
result, final Coastal Commission approval was not received until July 2005.
Immediately upon receipt of final approval, the City issued $3,985,000 of CFD
Bonds to fund the cost of various improvements within the District. Per the
Official Statement dated June 5, 2015, the City issued $3,480,000 Special Tax
Refunding Bonds, Series 2015 and scheduled the outstanding amount of the
CFD Bonds issued in 2005 to be redeemed in full.
The City contracted with Willdan Financial Services to calculate special taxes for
the District for Fiscal Year 2021-2022. The special taxes collected are considered
special revenue. Special revenue sources are legally restricted to specific
purposes. As a result, this special tax is not included in the General Fund
revenues.
The special taxes will satisfy debt service on the Bonds. The method of
assessment for the special taxes is described in the Amended Rate and Method
of Apportionment section of the CFD Report prepared by Taussig and Associates
and submitted to Council on January 12, 2004. The method of assessment
defines two primary categories of property: Developed Property and
Undeveloped Property. The category of Developed Property is further divided
Agenda Item P
into five separate special tax classifications that vary with land use (e.g.
residential and non-residential) and floor area (in square feet). The Fiscal Year
2021-2022 maximum and actual special taxes per Unit/Acre are listed as follows:
Community Facilities District No. 2002-01
Fiscal Year 2021-2022 Special Taxes for
Developed and Undeveloped Property
Tax
Class
Description
Residential
Floor Area
Assigned/Maximum
Special Tax per
Unit/Acre
FY 2021-2022
Actual Special
Tax per
Unit/Acre
1
Residential
> 4,000 SF
$6,521.62
$4,237.36
2
Residential
3,750 — 3,999 SF
$6,190.05
$4,021.92
3
Residential
3,500 — 3,749 SF
$5,973.07
$3,880.94
4
Residential
< 3,500 SF
$5,570.80
$0.00
5
Non -Residential
NA
$51,169.73
$0.00
NA
Undeveloped
NA
$57,345.15
$0.00
Exhibit A of the resolution shows the Fiscal Year 2021-2022 special tax levy for
each parcel being taxed.
Total expenditures for 2021-2022 are estimated at $259,249. This estimate
includes debt service payments of $248,831 and administrative expenses of
$10,418. Total revenues from the special tax are estimated at $259,249 for Fiscal
Year 2021-2022. No credit will be applied to the levy this year.
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 on the City's General Fund 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.
Page 2
RECOMMENDATION:
That the City Council adopt Resolution 7182 approving the Fiscal Year 2021-
2022 special tax levy for Community Facilities District No. 2002-01 "Heron
Pointe."
SUBMITTED BY: NOTED AND APPROVED:
Kelly Telford Jill R. Ingram
Kelly Telford, CPA, Finance Jill R. Ingram, City Manager
Director/Treasurer
ATTACHMENTS:
A. Resolution 7182
Page 3
RESOLUTION 7182
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING THE FISCAL YEAR 2021-2022 ANNUAL SPECIAL
TAX LEVY FOR COMMUNITY FACILITIES DISTRICT NO. 2002-
01 (HERON POINTE)
WHEREAS, the City Council of the CITY OF SEAL BEACH (the "City"), has
initiated proceedings, held a public hearing, conducted an election and received
a favorable vote from the qualified electors relating to the levy of a special tax in
the City's Community Facilities District No. 2002-01 (Heron Pointe) (the
"District"), all as authorized pursuant to the terms and provisions of the "Mello -
Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2,
Title 5 of the Government Code of the State of California; and,
WHEREAS, the City Council, by Ordinance as authorized by Section 53340 of
the Government Code of the State of California, has authorized the levy of a
special tax to pay for costs and expenses related to said District; and,
WHEREAS, the City Council desires to establish the specific rate of the special
tax to be collected for the next fiscal year.
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. That the above recitals are all true and correct.
Section 2. That the special tax rates for each tax category to be used to generate
special tax revenues, which will be collected to pay for the costs and expenses
for the next fiscal year (2021-2022) for the District, is hereby determined and
established as set forth in the attached, referenced and incorporated Exhibit "A".
Section 3. That the rate as set forth above does not exceed the amount as
previously authorized by Ordinance of the City Council, and is not in excess of
that as previously approved by the qualified electors of the District.
Section 4. The special tax shall be collected in the same manner as ordinary ad
valorem property taxes are collected, and shall be subject to the same penalties
and same procedure and sale in cases of any delinquency for ad valorem taxes,
and the Tax Collector is hereby authorized to deduct reasonable administrative
costs incurred in collecting any said special tax.
Section 5. All monies above collected shall be paid into the District funds.
Section 6. The County Auditor is hereby directed to enter in the next County
assessment roll on which taxes will become due, opposite each lot or parcel of
land effected in a space marked "public improvements, special tax" or by any
other suitable designation, the installment of the special tax, and for the exact
rate and amount of said tax, reference is made to the attached Exhibit "A".
Section 7. The County Auditor shall then, at the close of the tax collection period,
promptly render to the City a detailed report showing the amount and/or amounts
of such special tax installments, interest, penalties and percentages so collected
and from what property collected, and also provide a statement of any
percentages retained for the expense of making any such collection.
Section 8. Special taxes are to be levied on all non-exempt parcels within the
District. Should it be discovered that any taxable parcels are not submitted to the
County Auditor for inclusion into the 2021-2022 Tax Roll subsequent to the
submittal deadline of August 10, 2021, the City Council directs the City of Seal
Beach staff or their agents to bill such parcels directly via U.S. mail using the
rates as approved in Exhibit "A".
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a
regular meeting held on the 26th day of July, 2021 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Joe Kalmick, 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 7182 on file in the office of
the City Clerk, passed, approved, and adopted by the City Council at a regular
meeting held on the 26th day of July, 2021.
Gloria D. Harper, City Clerk
Exhibit "A"
City of Seal Beach CFD 2002-01
Fiscal Year 2021-2022 Special Tax Levy
Assessor's
FY21-22
Assessor's
FY21-22
Parcel Number
Special Tax
Parcel Number
Special Tax
199-201-01
$ 4,021 .92
199-201-39
$ 3,880.94
199-201-02
3,880.94
199-201-40
4,021.92
199-201-03
4,237.36
199-201-41
3,880.94
199-201-04
3,880.94
199-201-42
4,021.92
199-201-05
4,021 .92
199-201-43
3,880.94
199-201-06
4,237.36
199-201-44
4,237.36
199-201-07
4,021 .92
199-201-45
4,021.92
199-201-08
4,237.36
199-201-46
4,237.36
199-201-09
3,880.94
199-201-47
4,021.92
199-201-12
4,237.36
199-201-48
3,880.94
199-201-13
3,880.94
199-201-49
4,021.92
199-201-14
4,021 .92
199-201-50
3,880.94
199-201-15
3,880.94
199-201-51
4,237.36
199-201-16
4,237.36
199-201-52
4,021.92
199-201-17
3,880.94
199-201-53
4,237.36
199-201-18
4,237.36
199-201-54
4,021.92
199-201-19
3,880.94
199-201-55
4,237.36
199-201-20
4,237.36
199-201-56
4,021.92
199-201-21
4,021 .92
199-201-57
4,237.36
199-201-22
4,237.36
199-201-58
4,021.92
199-201-23
4,021 .92
199-201-59
3,880.94
199-201-24
4,021 .92
199-201-60
4,021.92
199-201-25
4,021 .92
199-201-61
4,237.36
199-201-26
3,880.94
199-201-62
4,237.36
199-201-27
4,237.36
199-201-63
3,880.94
199-201-28
3,880.94
199-201-64
4,021 .92
199-201-29
4,021 .92
199-201-65
3,880.94
199-201-30
4,237.36
199-201-66
4,237.36
199-201-31
4,021 .92
199-201-67
3,880.94
199-201-36
4,021 .92
199-201-68
4,021.92
199-201-37
3,880.94
199-201-69
4,021.92
199-201-38
4,237.36
199-201-70
4,237.36
Total FY 2021-2022 Special Tax $ 259,248.50
Total Number of Parcels Taxed 64
AGENDA STAFF REPORT
41F
DATE: July 26, 2021
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Kelly Telford, CPA, Finance Director/Treasurer
SUBJECT: Approval of the Annual Special Taxes for Community
Facilities District No. 2002-02 "Seal Beach Blvd./Lampson
Avenue Landscape Maintenance District"
SUMMARY OF REQUEST:
That the City Council adopt Resolution 7183 approving the Fiscal Year 2021-
2022 special tax levy for Community Facilities District No. 2002-02 "Seal Beach
Blvd/Lampson Avenue Landscape Maintenance District."
BACKGROUND AND ANALYSIS:
In July 2003, the City Council authorized a special tax to be levied within the
Communities Facilities District No. 2002-02 known as Seal Beach
Boulevard/Lampson Avenue Landscape Maintenance ("the District"). The special
tax is levied against parcels on the east side of Seal Beach Blvd. to Lampson
Avenue beginning north of the 1-405 freeway off -ramp and ending at the City
limits. The 2021-2022 annual special tax is being increased from the prior fiscal
year by the annual change in the Consumer Price Index for all Urban Consumers
in the Los Angeles -Riverside -Orange County area, as measured between March
of the second fiscal year prior to that fiscal year and March of the fiscal year
immediately preceding that fiscal year. Only parcels located within the
established District are charged this special tax for landscape maintenance. The
special tax is calculated per gross land acreage multiplied by the land area of the
parcel.
(Intentionally Left Blank)
Agenda Item Q
Community Facilities District No. 2002-02
Special Tax Rates
Fiscal Year 2021-2022
Tax Area
APPLIED SPECIAL
TAX RATES
MAXIMUM SPECIAL
TAX RATES
A
$851.70
$967.81
B
$112.13
$127.42
C
$15,218.57
$17,293.16
The special taxes collected are considered special revenue. Special revenue
sources are legally restricted to specific purposes, in this case, the landscape
maintenance of public properties within the District boundaries; and therefore,
are not included in the General Fund revenues. Total revenues from the special
tax are estimated at $167,327 for Fiscal Year 2021-2022.
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 to the City's General Fund 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.
RECOMMENDATION:
That the City Council adopt Resolution 7183 approving the Fiscal Year 2021-
2022 special tax levy for Community Facilities District No. 2002-02 "Seal Beach
Blvd/Lampson Avenue Landscape Maintenance District."
Page 2
SUBMITTED BY:
Kelly Telford
Kelly Telford, CPA, Finance
Director/Treasurer
ATTACHMENTS:
F-1111111110me mireMI iG191
Page 3
NOTED AND APPROVED:
Jill R. Ingram
Jill R. Ingram, City Manager
RESOLUTION 7183
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING THE FISCAL YEAR 2021-2022 ANNUAL SPECIAL
TAX LEVY FOR COMMUNITY FACILITIES DISTRICT NO. 2002-
01 (HERON POINTE)
WHEREAS, the City Council of the CITY OF SEAL BEACH (the "City"), has
initiated proceedings, held a public hearing, conducted an election and received
a favorable vote from the qualified electors relating to the levy of a special tax in
the City's Community Facilities District No. 2002-01 (Heron Pointe) (the
"District"), all as authorized pursuant to the terms and provisions of the "Mello -
Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2,
Title 5 of the Government Code of the State of California; and,
WHEREAS, the City Council, by Ordinance as authorized by Section 53340 of
the Government Code of the State of California, has authorized the levy of a
special tax to pay for costs and expenses related to said District; and,
WHEREAS, the City Council desires to establish the specific rate of the special
tax to be collected for the next fiscal year.
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. That the above recitals are all true and correct.
Section 2. That the special tax rates for each tax category to be used to generate
special tax revenues, which will be collected to pay for the costs and expenses
for the next fiscal year (2021-2022) for the District, is hereby determined and
established as set forth in the attached, referenced and incorporated Exhibit "A".
Section 3. That the rate as set forth above does not exceed the amount as
previously authorized by Ordinance of the City Council, and is not in excess of
that as previously approved by the qualified electors of the District.
Section 4. The special tax shall be collected in the same manner as ordinary ad
valorem property taxes are collected, and shall be subject to the same penalties
and same procedure and sale in cases of any delinquency for ad valorem taxes,
and the Tax Collector is hereby authorized to deduct reasonable administrative
costs incurred in collecting any said special tax.
Section 5. All monies above collected shall be paid into the District funds.
Section 6. The County Auditor is hereby directed to enter in the next County
assessment roll on which taxes will become due, opposite each lot or parcel of
land effected in a space marked "public improvements, special tax" or by any
other suitable designation, the installment of the special tax, and for the exact
rate and amount of said tax, reference is made to the attached Exhibit "A".
Section 7. The County Auditor shall then, at the close of the tax collection period,
promptly render to the City a detailed report showing the amount and/or amounts
of such special tax installments, interest, penalties and percentages so collected
and from what property collected, and also provide a statement of any
percentages retained for the expense of making any such collection.
Section 8. Special taxes are to be levied on all non-exempt parcels within the
District. Should it be discovered that any taxable parcels are not submitted to the
County Auditor for inclusion into the 2021-2022 Tax Roll subsequent to the
submittal deadline of August 10, 2021, the City Council directs the City of Seal
Beach staff or their agents to bill such parcels directly via U.S. mail using the
rates as approved in Exhibit "A".
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a
regular meeting held on the 26th -day of July, 2021 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Joe Kalmick, 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 7183 on file in the office of
the City Clerk, passed, approved, and adopted by the City Council at a regular
meeting held on the 26th day of July, 2021.
Gloria D. Harper, City Clerk
Exhibit "A"
City of Seal Beach CFD 2002-01
Fiscal Year 2021-2022 Special Tax Levy
Assessor's
FY21-22
Assessor's
FY21-22
Parcel Number
Special Tax
Parcel Number
Special Tax
199-201-01
$ 4,021 .92
199-201-39
$ 3,880.94
199-201-02
3,880.94
199-201-40
4,021.92
199-201-03
4,237.36
199-201-41
3,880.94
199-201-04
3,880.94
199-201-42
4,021.92
199-201-05
4,021 .92
199-201-43
3,880.94
199-201-06
4,237.36
199-201-44
4,237.36
199-201-07
4,021 .92
199-201-45
4,021.92
199-201-08
4,237.36
199-201-46
4,237.36
199-201-09
3,880.94
199-201-47
4,021.92
199-201-12
4,237.36
199-201-48
3,880.94
199-201-13
3,880.94
199-201-49
4,021.92
199-201-14
4,021 .92
199-201-50
3,880.94
199-201-15
3,880.94
199-201-51
4,237.36
199-201-16
4,237.36
199-201-52
4,021.92
199-201-17
3,880.94
199-201-53
4,237.36
199-201-18
4,237.36
199-201-54
4,021.92
199-201-19
3,880.94
199-201-55
4,237.36
199-201-20
4,237.36
199-201-56
4,021.92
199-201-21
4,021 .92
199-201-57
4,237.36
199-201-22
4,237.36
199-201-58
4,021.92
199-201-23
4,021 .92
199-201-59
3,880.94
199-201-24
4,021 .92
199-201-60
4,021.92
199-201-25
4,021 .92
199-201-61
4,237.36
199-201-26
3,880.94
199-201-62
4,237.36
199-201-27
4,237.36
199-201-63
3,880.94
199-201-28
3,880.94
199-201-64
4,021 .92
199-201-29
4,021 .92
199-201-65
3,880.94
199-201-30
4,237.36
199-201-66
4,237.36
199-201-31
4,021 .92
199-201-67
3,880.94
199-201-36
4,021 .92
199-201-68
4,021.92
199-201-37
3,880.94
199-201-69
4,021.92
199-201-38
4,237.36
199-201-70
4,237.36
Total FY 2021-2022 Special Tax $ 259,248.50
Total Number of Parcels Taxed 64
i�0� SEA('ec�9ti
f�
G� nyy
AGENDA STAFF REPORT
�1'',,C'QCIFORN�P'r
DATE: July 26, 2021
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Kelly Telford, CPA, Finance Director/Treasurer
SUBJECT: Approval of the Annual Special Taxes for Community
Facilities District No. 2005-01 "Pacific Gateway Business
Center"
SUMMARY OF REQUEST:
That the City Council adopt Resolution
2022 special tax levy for Community
Gateway Business Center."
BACKGROUND AND ANALYSIS:
7184 approving the Fiscal Year 2021 -
Facilities District No. 2005-01 "Pacific
In January 2006, the City approved the establishment of Community Facilities
District No. 2005-01 known as the Pacific Gateway Business Center ("the
District"). On February 13, 2006 the City Council approved Ordinance No. 1542
levying the special taxes within the District. Subsequently, in May 2006 the City
issued $8,800,000 of CFD Bonds to fund the costs of various improvements
within the District. Per the Official Statement dated January 6, 2016, the City
issued $8,450,000 Special Tax Refunding Bonds, Series 2016 and scheduled the
outstanding amount of the CFD Bonds issued in 2006 to be redeemed in full.
The City contracted with Willdan Financial Services to calculate the special taxes
for the District for Fiscal Year 2021-2022. The special taxes collected are
considered special revenue. Special revenue sources are legally restricted to
specific purposes. As a result, this special tax is not included in the General Fund
revenues.
Special taxes were segregated into two groups: A and B. Special Tax A will
satisfy debt service on the Bonds ("Debt Service") and Special Tax B will satisfy
costs related to the maintenance of parks, parkways and open space within the
District ("Landscape Maintenance"). Exhibit "A" of the resolution shows the Fiscal
Year 2021-2022 special tax levy for each parcel being taxed.
The method of assessment for Special Taxes A & B is described in the Rate and
Method of Apportionment section of the Official Statement. The method of
Agenda Item R
assessment defines two primary categories of property: Developed Property and
Undeveloped Property. Special Tax A allows for a maximum assessment rate of
$20,184.07 per Acre on Developed Property within the District. This rate is to be
increased by an amount equal to two percent (2%) for the following Fiscal Year
(2021-2022). The Fiscal Year 2021-2022 maximum and actual Special Tax A per
Acre is listed as follows:
Community Facilities District No. 2005-01
Fiscal Year 2021-2022 Special Tax A for
Developed and Undeveloped Property
Total expenditures for 2021-2022 are estimated at $546,389. This estimate
includes debt service payments of $526,050 and administrative expenses of
$20,339. Total revenues from Special Tax A are estimated at $546,389 for Fiscal
Year 2021-2022. No credit will be applied to the levy this year.
The maximum Landscape Maintenance special tax for Fiscal Year 2021-2022 is
$3,188.98 per Acre within the District. This rate is to be increased by an amount
equal to two percent (2%) for the following Fiscal Year (2021-2022). The Fiscal
Year 2021-2022 maximum and actual Special Tax B per Acre are listed as
follows:
Community Facilities District No. 2005-01
Fiscal Year 2021-2022 Special Tax B for
Developed and Undeveloped Property
Maximum
FY 2021-2022
Special Tax A
Actual Special Tax A
Description
per Acre
per Acre
Developed Property
$20,184.07
$12,160.88
Undeveloped Property
$20,443.52
$0.00
Total expenditures for 2021-2022 are estimated at $546,389. This estimate
includes debt service payments of $526,050 and administrative expenses of
$20,339. Total revenues from Special Tax A are estimated at $546,389 for Fiscal
Year 2021-2022. No credit will be applied to the levy this year.
The maximum Landscape Maintenance special tax for Fiscal Year 2021-2022 is
$3,188.98 per Acre within the District. This rate is to be increased by an amount
equal to two percent (2%) for the following Fiscal Year (2021-2022). The Fiscal
Year 2021-2022 maximum and actual Special Tax B per Acre are listed as
follows:
Community Facilities District No. 2005-01
Fiscal Year 2021-2022 Special Tax B for
Developed and Undeveloped Property
Total expenditures for 2021-2022 are estimated at $126,378. Total revenues
from Special Tax B are estimated at $126,378 for Fiscal Year 2021-2022.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
No legal analysis is required for this item.
Page 2
Maximum
FY 2021-2022
Special Tax B
Actual Special Tax B
Description
per Acre
per Acre
Developed Property
$3,188.98
$2,812.77
Undeveloped Property
$3,188.98
$0.00
Total expenditures for 2021-2022 are estimated at $126,378. Total revenues
from Special Tax B are estimated at $126,378 for Fiscal Year 2021-2022.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
No legal analysis is required for this item.
Page 2
FINANCIAL IMPACT:
There is no financial impact on the City's General Fund 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.
RECOMMENDATION:
That the City Council adopt Resolution
2022 special tax levy for Community
Gateway Business Center."
SUBMITTED BY:
Kelly Telford
Kelly Telford, CPA, Finance
Director/Treasurer
ATTACHMENTS:
A. Resolution 7184
7184 approving the Fiscal Year 2021 -
Facilities District No. 2005-01 "Pacific
Page 3
NOTED AND APPROVED:
Jill R. Ingram
Jill R. Ingram, City Manager
RESOLUTION 7184
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING COMMUNITY FACILITIES DISTRICT NO. 2005-01
(PACIFIC GATEWAY BUSINESS CENTER) ESTABLISHING
ANNUAL SPECIAL TAX FOR FISCAL YEAR 2021-2022
WHEREAS, the City Council of the CITY OF SEAL BEACH (the "City"), has
initiated proceedings, held a public hearing, conducted an election and received
a favorable vote from the qualified electors relating to the levy of a special tax in
the City's Community Facilities District No. 2005-01 (Pacific Gateway Business
Center) (the "District"), all as authorized pursuant to the terms and provisions of
the "Mello -Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1,
Division 2, Title 5 of the Government Code of the State of California; and,
WHEREAS, the City Council, by Ordinance as authorized by Section 53340 of
the Government Code of the State of California, has authorized the levy of a
special tax to pay for costs and expenses related to said District; and,
WHEREAS, the City Council desires to establish the specific rate of the special
tax to be collected for the next fiscal year.
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. That the above recitals are all true and correct.
Section 2. That the special tax rates for each tax category to be used to generate
special tax revenues, which will be collected to pay for the costs and expenses
for the next fiscal year (2021-2022) for the District, is hereby determined and
established as set forth in the attached, referenced and incorporated Exhibit "A".
Section 3. That the rate as set forth above does not exceed the amount as
previously authorized by Ordinance of the City Council, and is not in excess of
that as previously approved by the qualified electors of the District.
Section 4. The special tax shall be collected in the same manner as ordinary ad
valorem property taxes are collected, and shall be subject to the same penalties
and same procedure and sale in cases of any delinquency for ad valorem taxes,
and the Tax Collector is hereby authorized to deduct reasonable administrative
costs incurred in collecting any said special tax.
Section 5. All monies above collected shall be paid into the District funds.
Section 6. The County Auditor is hereby directed to enter in the next County
assessment roll on which taxes will become due, opposite each lot or parcel of
land effected in a space marked "public improvements, special tax" or by any
other suitable designation, the installment of the special tax, and for the exact
rate and amount of said tax, reference is made to the attached Exhibit "A".
Section 7. The County Auditor shall then, at the close of the tax collection period,
promptly render to the City a detailed report showing the amount and/or amounts
of such special tax installments, interest, penalties and percentages so collected
and from what property collected, and also provide a statement of any
percentages retained for the expense of making any such collection.
Section 8. Special taxes are to be levied on all non-exempt parcels within the
District. Should it be discovered that any taxable parcels are not submitted to the
County Auditor for inclusion into the 2021-2022 Tax Roll subsequent to the
submittal deadline of August 10, 2021 the City Council directs the City of Seal
Beach staff or their agents to bill such parcels directly via U.S. mail using the
rates as approved in Exhibit "A".
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a
regular meeting held on the 26th day of July, 2021 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Joe Kalmick, 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 7184 on file in the office of
the City Clerk, passed, approved, and adopted by the City Council at a regular
meeting held on the 26th day of July, 2021.
Gloria D. Harper, City Clerk
"Exhibit A"
City of Seal Beach CFD No. 2005-01
FY 2021-2022 Special Tax Levy
Tract Assessor's Parcel Number
16375
095-791-01
16375
095-791-02
16375
095-791-03
16375
095-791-04
16375
095-791-05
16375
095-791-06
16375
095-791-07
16375
095-791-11
16375
095-791-12
16375
095-791-13
Total Fiscal Year 21-22 Special Tax:
FY21-22 Special Tax
$48,514.62
49,712.52
67,081 .98
82,355.12
64,087.24
47,466.50
48,215.16
138,356.60
81 ,157.22
45,819.36
$672,766.32
Total Number of Parcels Taxed: 10
SEAL'
q`s
AGENDA STAFF REPORT
r
'' cQG1FORNp' = ;
DATE: July 26, 2021
TO: Honorable Mayor and City Council
FROM: Craig A. Steele, City Attorney
SUBJECT: Formation of Seal Beach Historic Resources Foundation
SUMMARY OF REQUEST:
That the City Council adopt Resolution 7185:
1. Approving the Articles of Incorporation and Initial Bylaws for the Seal Beach
Historic Resources Foundation and directing the City Clerk to file the Articles
of Incorporation with the Secretary of State; and,
2. Appoint the initial five members of the Board of Directors.
BACKGROUND AND ANALYSIS:
The City of Seal Beach owns the historic "Blue House" located on the Greenbelt
and other historic resources of the City. Because the Seal Beach Historical
Society turned over ownership of the adjacent "Red Car" museum to the Lions
Club, it is an opportune time to form an independent, tax exempt, 501(c)(3)
corporation to own, preserve, and display these community assets in a way that
benefits the entire community. An independent foundation would provide the
mechanism for fundraising and management that might not be as successful in
the City government structure.
The Articles of Incorporation and proposed Bylaws are standard documents for a
city -formed 501(c)(3), and many public agencies have formed this type of
organization for various community purposes. This independent non-profit
corporation would have an initial Board of 5 members appointed by the City
Council, but it would not, thereafter, be a City committee or board. The
Foundation could increase its Board to as many as 15 Directors and elect its own
officers. Initially, City staff would provide administrative support for the
operations of the foundation, including filing the request for tax exempt status for
the foundation and providing bookkeeping and tax return. The Bylaws provide for
a City advisory member (non-voting) to provide continuity and coordination
between the City and the Foundation.
It is anticipated that the Foundation would own and maintain historic resources
for Seal Beach, making them available for public viewing and educational
Agenda Item S
programs. Private philanthropy would support the operations of the Foundation,
although the City and other organizations could provide grant funds and "in-kind"
services.
This arrangement will benefit the City and its residents by creating an entity to
own, insure, and maintain the historic resources, with a tax exempt status to help
with fundraising.
Under the proposed Bylaws, the City Council would appoint the first 5 members
of the Board of Directors, with the Board then appointing and re -appointing
Directors thereafter. Any person 18 years old of age or older may be nominated
or elected to serve as a Director. Directors preferably should have experience
with historic preservation, fundraising, non-profit management or education.
Directors need not be residents of the City of Seal Beach. Directors may not be
City of Seal Beach elected officials or City employees or individuals related by
blood or marriage to another Director.
ENVIRONMENTAL IMPACT:
There is no environmental impact associated with this administrative item.
LEGAL ANALYSIS:
The City Attorney has prepared the Articles of Incorporation for filing and the
Bylaws document for presentation to the initial Board of Directors.
FINANCIAL IMPACT:
Staff anticipates that forming an independent historic resources foundation will
have a positive financial impact in that the Foundation will provide a mechanism
for tax exempt fundraising to provide for the preservation of historic resources.
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 7185:
1. Approving the Articles of Incorporation and Initial Bylaws for the Seal Beach
Historic Resources Foundation and directing the City Clerk to file the Articles
of Incorporation with the Secretary of State; and,
Page 2
2. Appoint the initial five members of the Board of Directors.
SUBMITTED BY:
Craig A. Steele
City Attorney
ATTACHMENTS:
A. Resolution 7185
B. Articles of Incorporation
C. Bylaws
Page 3
RESOLUTION 7185
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING THE ARTICLES OF INCORPORATION AND
INITIAL BYLAWS FOR THE SEAL BEACH HISTORIC
RESOURCES FOUNDATION AND DIRECTING THE CITY CLERK
TO FILE THE ARTICLES OF INCORPORATION WITH THE
SECRETARY OF STATE
WHEREAS, the City Council intends to create an independent, non-profit
foundation for the ownership, preservation, and maintenance of historic
resources of the City; and,
WHEREAS, an independent foundation can attract philanthropy and expertise
that will provide a community benefit for future generations and preserve the
City's history.
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY
RESOLVE:
Section 1. The City Council hereby approves the Articles of Incorporation for the
Seal Beach Historic Resources Foundation and directs the City Clerk to file the
same with the Secretary of State.
Section 2. The Council hereby approves the Bylaws for the Seal Beach Historic
Resources Foundation directs the City Manager to present the Bylaws to the new
Board of Directors at its first meeting.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a
regular meeting held on the 26th day of July, 2021 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Joe Kalmick, 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 7185 on file in the office of
the City Clerk, passed, approved, and adopted by the City Council at a regular
meeting held on the 26th day of July, 2021.
Gloria D. Harper, City Clerk
ARTICLES OF INCORPORATION
OF
SEAL BEACH HISTORIC RESOURCES FOUNDATION
A California Nonprofit Public Benefit Corporation
ARTICLE I. NAME OF CORPORATION
The name of this corporation is: Seal Beach Historic Resources
Foundation.
/_1:19["=1IMall 719144
A. This corporation is a nonprofit public benefit corporation and is not
organized for the private gain of any person. It is organized under the Nonprofit
Public Benefit Corporation Law for public and charitable purposes.
B. The specific purposes of this corporation are to:
1. Preserve the historical resources important and relevant to
the City of Seal Beach, support public efforts to preserve said historical
resources, and educate the public about the history of Seal Beach and the
Alamitos Bay;
2. Provide community public benefit programs, with particular
emphasis on educational programs, on a charitable and nondiscriminatory basis
for the people of the City of Seal Beach and neighboring areas; and
3. Carry on other charitable and educational activities
associated with these goals as allowed by law.
C. This corporation is organized and operated exclusively for
charitable and educational purposes within the meaning of Internal Revenue
Code Section 501(c)(3) or the corresponding provision of any future United
States internal revenue law. Despite any other provision in these articles, the
corporation shall not, except to an insubstantial degree, engaged in any activities
or exercise any powers that do not further the purposes of this corporation, and
the corporation shall not carry on any other activities not permitted to be carried
on by: (a) a corporation exempt from federal income tax under Internal Revenue
Code Section 501(c)(3) or the corresponding provision of any future United
States internal revenue law; or (b) a corporation, contributions to which are
deductible under Internal Revenue Code Section 170(c)(2) or the corresponding
provision of any future United States internal revenue law.
S7296/0001/2502947-1
ARTICLE III. AGENT FOR SERVICE OF PROCESS
The name and address in the State of California of this corporation's initial
agent for service of process is:
Gloria Harper
211 Eighth Street
Seal Beach, CA 90740
ARTICLE IV. PRINCIPAL OFFICE
The initial street and mailing address for the principal office of the
corporation shall be located at:
211 Eighth Street
Seal Beach, CA 90740
ARTICLE V. TAX-EXEMPT STATUS
A. No substantial part of the activities of this corporation shall consist
of carrying on propaganda, or otherwise attempting to influence legislation, and
this corporation shall not participate or intervene in (including publishing or
distributing statements) any political campaign on behalf of or in opposition to
any candidate for public office.
B. All corporate property of this corporation is irrevocably dedicated to
the purposes set forth in Article II above. No part of the net earnings of this
corporation shall inure to the benefit of any of its directors, trustees, officers,
private shareholders or members, or to individuals.
C. Upon the winding up and dissolution of this corporation, after
paying or adequately providing for the debts, obligations and liabilities of the
corporation, the remaining assets of this corporation shall be distributed to an
organization or organizations organized and operated exclusively for charitable
or educational purposes, if the organizations have established their tax-exempt
status under Internal Revenue Code Section 501(c)(3) or the corresponding
provision of any future United States internal revenue law, and have established
its tax-exempt status under California Revenue and Taxation Code Section
23701 d or the corresponding section of any future California Revenue and Tax
law.
Dated: 2021
Gloria D. Harper, Incorporator
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BYLAWS
OF
SEAL BEACH HISTORIC RESOURCES FOUNDATION,
a California Nonprofit Public Benefit Corporation
ARTICLE I. NAME
The name of this Corporation is: Seal Beach Historic Resources Foundation.
ARTICLE II. OFFICES
Section 1. Principal Office.
The principal office for the transaction of the business of the Corporation shall be
located at 211 Eighth Street, Seal Beach, CA 90740 The Board of Directors ("Board")
may change the principal office from one location to another. Any change of the
location shall be noted by the secretary on these Bylaws opposite this section, or this
section may be amended to state the new location.
Section 2. Other Offices.
The Board may at any time establish branch or subordinate offices at any place
or places where the Corporation is qualified to conduct its activities.
ARTICLE III. GENERAL AND SPECIFIC PURPOSES
Section 1. Purposes.
(a) This Corporation is a nonprofit public benefit corporation and is not
organized for the private gain of any person. It is organized under the Nonprofit Public
Benefit Corporation Law for public and charitable purposes.
(b) The specific purposes of this Corporation are to:
(i) Preserve the historical resources important and relevant to the City
of Seal Beach, support public efforts to preserve said historical resources, and educate
the public about the history of Seal Beach and the Alamitos Bay;
(ii) Provide community public benefit programs, with particular
emphasis on educational programs, on a charitable and nondiscriminatory basis for the
people of the City of Seal Beach and neighboring areas; and
(iii) Carry on other charitable and educational activities associated with
these goals as allowed by law.
(c) This Corporation is organized and operated exclusively for charitable and
educational purposes within the meaning of Internal Revenue Code Section 501(c)(3) or
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the corresponding provision of any future United States internal revenue law. Despite
any other provision in these articles, the Corporation shall not, except to an insubstantial
degree, engage in any activities or exercise any powers that do not further the purposes
of this Corporation, and the Corporation shall not carry on any other activities not
permitted to be carried on by: (a) a corporation exempt from federal income tax under
Internal Revenue Code Section 501(c)(3) or the corresponding provision of any future
United States internal revenue law; or (b) a corporation, contributions to which are
deductible under Internal Revenue Code Section 170(c)(2) or the corresponding
provision of any future United States internal revenue law.
Section 2. Limitations.
(a) Property. The property of this Corporation is irrevocably dedicated to
charitable, scientific, or educational purposes or social welfare purposes. No part of the
net earnings or assets of this Corporation shall inure to the benefit of any of its directors,
trustees, officers, private shareholders or members, or to any private individual.
(b) Dissolution. Upon the winding up and dissolution of this Corporation, after
paying or adequately providing for the debts, obligations and liabilities of the
Corporation, the remaining assets of this Corporation shall be distributed to an
organization or organizations organized and operated exclusively for charitable or
educational purposes, if the organizations have established their tax-exempt status
under Internal Revenue Code Section 501(c)(3) or the corresponding provision of any
future United States internal revenue law, and have established its tax-exempt status
under California Revenue and Taxation Code Section 23701 d or the corresponding
section of any future California Revenue and Tax law.
ARTICLE IV. CONSTRUCTION AND DEFINITIONS
Unless the context requires otherwise, the general provisions, rules of
construction, and definitions in the California Nonprofit Corporation Law shall govern the
construction of these Bylaws. Without limiting the generality of the preceding sentence,
the masculine gender includes the feminine and neuter, the singular includes the plural,
the plural includes the singular, and the term "person" includes both a legal entity and a
natural person.
ARTICLE V. MEMBERS
Section 1. No Members.
The Corporation shall have no members within the meaning of Section 5056 of
the California nonprofit corporation law. Any action which would otherwise require
approval by a majority of all members or approval by the members shall require only
approval by the Board of Directors. All rights which would otherwise vest in the
members shall vest in the directors.
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Section 2. Nonvoting Associates.
This Corporation may refer to persons or entities of a nonvoting class as
"associates." Such persons or entities referred to associates are not statutory members
within the meaning of Corporations Code Section 5056. By amendment of these
Bylaws, the Corporation may grant some or all of the rights of a member to any
supporter on matters specified in these Bylaws, but no such person or entity shall be a
member within the meaning of Corporations Code Section 5056.
ARTICLE VI. DIRECTORS
Section 1. General Corporate Powers.
Subject to the provisions of the California Nonprofit Public Benefit Corporation
Law, the Articles of Incorporation and these Bylaws, the business and affairs of the
Corporation shall be managed, and all corporate powers shall be exercised by or under
the direction of the Board of Directors (also referred to as "Board").
Section 2. Specific Powers.
Without prejudice to these general powers, and subject to the same limitations,
the Board shall have the power to do the following:
(a) Appoint and remove, at the pleasure of the Board, all officers, agents and
employees of the Corporation; prescribe powers and duties for them that are consistent
with law, with the Articles of Incorporation and with these Bylaws; and fix their
compensation and require from them security for faithful performance of their duties.
(b) Change the principal executive office or the principal business office in the
State of California from one location to another; cause the Corporation to be qualified to
conduct its activities in any other state, territory, dependency or country and conduct its
activities within or outside the State of California; and designate any place within or
outside the State of California for the holding of any meeting, including annual meetings
(c) Borrow money and incur indebtedness on behalf of the Corporation and
cause to be executed and delivered for the purposes of the Corporation, in the
corporate name, promissory notes, bonds, debentures, deeds of trust, mortgages,
pledges, hypothecations and other evidences of debt and securities.
(d) Adopt and use a corporate seal and alter the form thereof.
Section 3. Restriction on Interested Persons as Directors.
No director shall participate in a decision of the Board of Directors in which such
director has a material financial interest. No more than 49 percent of the persons
serving on the Board may be interested persons. An interested person is (a) any
person compensated by the Corporation for services rendered to it within the previous
12 months, whether as a full-time or part-time employee, independent contractor, or
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otherwise, excluding any reasonable compensation paid to a director as director; and
(b) any brother, sister, ancestor, descendant, spouse, brother-in-law, sister-in-law, son-
in-law, daughter-in-law, mother-in-law, or father-in-law of such person. However, any
violation of the provisions of this paragraph shall not affect the validity or enforceability
of any transaction entered into by the Corporation.
Section 4. Number of Directors.
The authorized number of directors shall consist of at least five (5) but no more
than fifteen (15) directors unless changed by amendment to these Bylaws. The exact
number of directors shall be fixed, within those limits, by a resolution adopted by the
Board of Directors. The initial five (5) Directors shall be appointed by the City Council
and, thereafter, Directors may be elected and appointed, or re-elected and re-
appointed, by a majority vote of the Board of Directors.
Section 5. Terms and Qualifications of Directors.
(a) Terms. Each director shall hold office for a term of three (3) years and
until his or her successor shall have been elected and appointed in accordance with
Section 4 of this Article. No director may serve for more than two (2) consecutive terms,
except that the uncompleted term of a vacating director is not considered a term for re-
election purposes. A term of less than three (3) years shall not be considered a full
term. Terms shall be staggered in such a way that a minimum of one director is
appointed each year. For the purpose of accomplishing the staggered terms required
by these Bylaws, the initial terms of the initial directors may be longer than three
(3) years but in no event may exceed six (6) years, as set forth in the resolution of the
incorporator appointing such initial directors.
(b) Qualifications. Any person 18 years old of age or older may be nominated
or elected to serve as a Director. Directors preferably should have experience with
historic preservation, fundraising, non-profit management or education. Directors need
not be residents of the City of Seal Beach. Directors may not be City of Seal Beach
elected officials or City employees or individuals related by blood or marriage to another
Director.
Section 6. Vacancies.
(a) Subject to the provisions of the California Nonprofit Public Benefit
Corporation Law, any director may resign effective upon giving written notice to the
chairperson of the Board, if any, or to the president or the secretary of the Board unless
the notice specifies a later time for the effectiveness of such resignation. If the
resignation is effective at a future time, a successor may be selected before such time,
to take office when the resignation becomes effective.
(b) So long as the Corporation has no members, any director may be
removed, with or without cause, by the vote of the majority of the entire Board of
Directors at a special meeting called for that purpose, or at a regular meeting, provided
that notice of that meeting is given as provided in Section 8.
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(c) A vacancy or vacancies in the Board of Directors shall be deemed to exist
in case of the death, resignation, or removal of any director, or if the authorized number
of directors is increased.
(d) The Board of Directors may declare vacant the office of a director who has
been convicted of a felony, declared of unsound mind by a court order, or found by final
order or judgment of any court to have breached any duty under California Nonprofit
Public Benefit Corporation Law, Chapter 2, Article 3.
(e) If a director misses a meeting and the Board designates the absence as
an unexcused absence, the Board shall cause written notice of the unexcused absence
to be given to the absent director at least two weeks prior to the next meeting. If such
notice is given to a director for two consecutive meetings, or for three (3) meetings in
any one-year period, that director shall be deemed removed for excessive unexcused
absences.
(f) Vacancies on the Board may be filled by approval of the Board, or if the
number of directors then in office is less than a quorum, by:
(i) The unanimous consent of the directors then in office;
(ii) The affirmative vote of a majority of directors then in office at a
meeting held according to notice or waivers of notice complying with Corporations Code
Section 5211; or
(iii) A sole remaining director.
(g) No reduction of the authorized number of directors shall have the effect of
removing any director prior to the expiration of the director's term of office.
Section 7. Place of Meetings; Meetings by Telephone.
(a) Regular meetings of the Board of Directors may be held at any place
within or outside the City of Seal Beach, as designated from time to time by resolution of
the Board. In the absence of such designation, regular meetings shall be held at the
principal office of the Corporation. Special meetings of the Board shall be held at any
place within the State of California, as designated in the notice of meeting or, if not
stated in the notice or if there is no notice, at the principal office of the Corporation.
Notwithstanding the above provisions of this Section, a regular or special meeting of the
Board of Directors may be held at any place consented to in writing by all Board
members, either before or after the meeting.
(b) Directors may participate in a meeting through use of conference
telephone, electronic video screen communication, or similar communications
equipment, so long as all of the following apply:
(i) Each Board member participating in the meeting can communicate
with all the other members concurrently;
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(ii) Each member is provided the means of participating in all matters
before the Board, including the capacity to propose, or to interpose an objection to, a
specific action to be taken by the Corporation; and
(iii) The Corporation adopts and implements a means of verifying both
of the following: (1) a person communicating by telephone, electronic video equipment,
or other communications equipment is a director entitled to participate in the Board
meeting; and (2) all statements, questions, actions, or votes were made by that director
and not by another person not permitted to participate as a director.
Participation in a meeting pursuant to this bylaw shall constitute presence in person at
such meeting.
Section 8. Annual and Special Meetings; Notice
(a) Annual Meeting. The Board shall hold an annual meeting on the second
Tuesday of February of each year for the purpose of organization, election and
appointment of officers and transaction of other business; provided, however, that the
Board may fix another time for the holding of its annual meeting.
(b) Special Meetings. Special meetings of the Board of Directors for any
purpose or purposes may be called at any time by the Chairperson of the Board, the
President or any two directors. Special meetings of the Board shall be held upon four
(4) days' notice by first-class mail or 48 hours' notice delivered personally or by
telephone, including a voice messaging system or by electronic transmission (including
but not limited to facsimile and electronic e-mail) by the Corporation. All such notices
shall be given or sent to the director's address, telephone number or e-mail address as
shown on the Corporation's records. The notice shall state the time of the meeting and
the place, if the place is other than the Corporation's principal office. The notice need
no specify the purpose of the meeting.
(c) Notice of Meetings. Notice of any meeting of the Board of Directors shall
be given to all directors at least 5 days in advance if given by first-class mail or at least
48 hours in advance if given by notice delivered personally or by telephone. Notice by
electronic mail ("e-mail") transmission shall be permitted with at least 48 hours advance
notice, only if the Corporation has obtained an unrevoked written consent from the
recipient to the use of e-mail transmission.
Section 9. Quorum.
A majority of the authorized number of directors shall constitute a quorum for the
transaction of business, except to adjourn as provided in Section 11. Every act or
decision done or made by a majority of the Directors present at a meeting held at which
a quorum is present shall be regarded as the act of the Board of Directors, subject to
the provisions of the California Nonprofit Corporation Law. Except as otherwise
required by law, the Articles of Incorporation or these Bylaws, the directors present at a
duly called or held meeting at which a quorum is initially present may continue to
transact business until adjournment, even though enough directors have withdrawn to
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leave less than a quorum, if any action taken (other than adjournment, which is
governed by Section 11) is approved by at least a majority of the directors required to
constitute a quorum.
Section 10. Waiver of Notice.
Notice of a meeting need not be given to any director who signs a waiver of
notice or a written consent to holding the meeting or an approval of the minutes thereof,
whether before or after the meeting, or who attends the meeting without protesting, prior
thereto or at its commencement, the lack of notice to such director. All such waivers,
consents, and approvals shall be filed with the corporate records or made a part of the
minutes of the meetings.
Section 11. Adjournment.
A majority of the directors present, whether or not a quorum is present, may
adjourn any directors' meeting to another time and place. Notice of the time and place
of holding an adjourned meeting need not be given to absent directors if the time and
place is fixed at the meeting adjourned, except that if the meeting is adjourned for more
than 24 hours, notice of any adjournment to another time or place shall be given prior to
the time of the adjourned meeting to the directors who were not present at the time of
the adjournment.
Section 12. Fees and Compensation.
This Corporation shall not compensate directors, members of committees,
officers, employees or associates for their services, but may reimburse directors,
members of committees, officers, employees or associates for their reasonable and
necessary expenses incurred on behalf of the corporation, in accordance with such
rules and procedures as may be established by the Board.
Section 13. City Advisor.
The City Manager of the City of Seal Beach or their designee shall serve as a
non-voting advisor referred to as "City Advisor" of this Corporation. The City Advisor
has the right to attend, receive notice of and participate in all meetings of the Board but
shall serve in an advisory capacity only and shall have no voting powers.
ARTICLE VII. COMMITTEES
Section 1. Committees of the Board.
The Board, by resolution adopted by a majority of the directors then in office,
may create one or more committees, each consisting of two or more directors, to serve
at the pleasure of the Board. Appointments to committees of the Board shall be by
majority vote of the directors then in office. The Board may appoint one or more
directors as alternate members of any such committee, who may replace an absent
member of a committee at any committee meeting. Any such committee, to the extent
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provided in the resolution of the Board, shall have all of the authority of the Board,
except that no committee, regardless of Board resolution, may do the following:
(a) Take any final action on any matter that, under the California Nonprofit
Public Benefit Corporation Law also requires approval of the directors or approval of a
majority of all directors;
(b) Fill vacancies on the Board or in any committee which has the authority of
the Board;
(c) Establish or fix compensation of the directors for serving on the Board or
on any committee;
(d) Amend or repeal Bylaws or adopt new Bylaws;
(e) Amend or repeal any resolution of the Board which by its express terms is
not so amendable or repealable;
(f) Appoint any other committees of the Board or the members of these
committees;
(g) Expend corporate funds to support a nominee for director if more people
have been nominated for director than can be elected and appointed; or
(h) Approve any contract or transaction to which the Corporation is a party
and in which one or more of its directors has a material financial interest, except as
such approval is provided for in Section 5233(d)(3) of the California Corporations Code.
Section 2. Meetinas and Actions of the Committees.
Meetings and actions of committees of the Board shall be governed by, held and
taken in accordance with the provisions of Article VI I of these Bylaws, concerning
meetings and other actions of the Board, except that the time for regular meetings of
such committees and the calling of special meetings thereof may be determined either
by resolution of the Board or, if there is no Board resolution, by resolution of the
committee of the Board. Minutes shall be kept of each meeting of any committee of the
Board and shall be filed with the corporate records. The Board may adopt rules for the
government of any committee not inconsistent with the provisions of these Bylaws or in
the absence of rules adopted by the Board, the committee may adopt such rules.
ARTICLE VIII. OFFICERS
Section 1. Officers.
The officers of the Corporation shall be a president, a secretary, and a treasurer.
The Corporation may also have, at the Board's discretion, a chairperson or co -
chairpersons of the Board, one or more vice presidents, one or more assistant
secretaries, one or more assistant treasurers, and such other officers as may be
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appointed in accordance with Section 3 of this Article. Any number of offices may be
held by the same person, except that neither the secretary nor the chief financial officer
may serve concurrently as either the president or the chairperson or co -chairperson of
the Board.
Section 2. Election and Appointment of Officers.
The officers of the Corporation or those officers appointed in accordance with the
provisions of Section 3 of this Article shall be chosen by a majority vote of the Board of
Directors, and each shall serve at the pleasure of the Board, subject to the rights, if any,
of an officer under any contract of employment.
Section 3. Subordinate Officers.
The Board of Directors may appoint, and may authorize the chair of the Board or
the president or another officer to appoint, any other officers that the business of the
Corporation may require, each of whom shall have the title, hold office for the period,
have the authority, and perform the duties specified in these Bylaws or determined from
time to time by the Board of Directors. The Finance Director/City Treasurer of the City
of Seal Beach shall serve as finance officer for the corporation at the pleasure of the
Board.
Section 4. Removal of Officers.
Without prejudice to any rights of an officer under any contract of employment,
any officer may be removed, with or without cause, by the Board of Directors, at any
regular or special meeting of the Board, or, except in case of an officer chosen by the
Board of Directors, by an officer on whom such power of removal may be conferred by
the Board of Directors.
Section 5. Resignation of Officers.
Any officer may resign at any time by giving written notice to the Corporation.
Any resignation shall take effect at the date of the receipt of that notice or at any later
time specified in that notice; and, unless otherwise specified in that notice, the
acceptance of the resignation shall not be necessary to make it effective. Any
resignation is without prejudice to the rights, if any, of the Corporation under any
contract to which the officer is a party.
Section 6. Vacancies in Offices.
A vacancy in any office because of death, resignation, removal, disqualification,
or any other cause shall be filled in the manner prescribed in these Bylaws for regular
appointments to that office.
Section 7. Responsibilities of Officers.
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(a) Chairperson or Co -Chairpersons of the Board. If a chairperson or co -
chairpersons of the Board is or are elected and appointed by the Board in accordance
with Section 2 of this Article, he, she or they shall preside at meetings of the Board and
shall exercise and perform such other powers and duties as the Board may assign from
time to time. If there is no president, the chairperson or co -chairpersons of the Board
shall also be the chief executive officer(s) and shall have the powers and duties of the
president of the Corporation prescribed by these Bylaws.
(b) President/Chief Executive Officer. Subject to the control and supervision
of the Board, the president shall be the chief executive officer and general manager of
the Corporation and shall generally supervise, direct and control the activities and
affairs and the officers of the Corporation. The president, in the absence of the
chairperson or co -chairpersons of the Board, or if there be none, shall preside at all
meetings of the Board. The president shall have such other powers and duties as may
be prescribed by the Board or these Bylaws.
(c) Vice Presidents. In the absence or disability of the president, the vice
presidents, if any, in order of their rank, shall perform all of the duties of the president,
and, when so acting, shall have all the powers of and be subject to all of the restrictions
upon the president. The vice presidents shall have such other powers and perform
such other duties as from time to time may be prescribed for them by the Board or the
Bylaws.
(d) Secretary. The secretary shall attend to the following:
(i) The secretary shall keep or cause to be kept, at the principal office
or such other place as the Board of Directors may direct, a book of minutes of all
meetings and actions of directors, committees of directors, with the time and place of
holding, whether regular or special, and, if special, how authorized, the notice given, the
names of those present at such meetings, and the proceedings of such meetings.
(ii) The secretary shall keep or cause to be kept, at the principal
California office, a copy of the Articles of Incorporation and Bylaws, as amended to
date.
(iii) The secretary shall keep, or cause to be kept, at the principal office,
as determined by resolution of the Board of Directors, record of the corporate directors,
showing the names of all directors and their addresses.
(iv) The secretary shall give, or cause to be given, notice of all
meetings of the Board of Directors required by these Bylaws to be given. The secretary
shall keep the seal of the Corporation in safe custody. The secretary shall have such
other powers and perform such other duties as may be prescribed by the Board of
Directors or these Bylaws.
(e) Treasurer. The Treasurer shall attend to the following:
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(i) The Treasurer shall provide oversight to the finance officer, who
shall keep and maintain, or cause to be kept and maintained, adequate and correct
books and records of accounts of the properties and business transactions of the
Corporation, including accounts of its assets, liabilities, receipts, disbursements, gains,
losses, capital, retained earnings, and other matters customarily included in financial
statements. The books of account shall be open to inspection by any director at all
reasonable times.
(ii) The Treasurer or the finance officer shall deposit all money and
other valuables in the name and to the credit of the Corporation with such depositories
as may be designated by the Board of Directors; shall disburse the funds of the
Corporation as may be ordered by the Board of Directors; shall render to the president
and directors, whenever they request it, an account of all of the transactions as chief
financial officer and of the financial condition of the Corporation; and shall have other
powers and perform such other duties as may be prescribed by the Board of Directors
or these Bylaws.
(iii) If required by the Board of Directors, the Treasurer and/or finance
officer shall give the Corporation a bond in the amount and with the surety or sureties
specified by the Board for faithful performance of the duties of that office and for
restoration to the Corporation of all its books, papers, vouchers, money, and other
property of every kind in the possession or under the control of the chief financial officer
upon the death, resignation, retirement, or removal from office thereof.
(f) Contracts with Directors. No director of this Corporation nor any other
corporation, firm, association, or other entity in which one or more of this Corporation's
directors are directors or have a material financial interest, shall be interested, directly
or indirectly, in any contract or transaction with this Corporation, unless (a) the material
facts regarding that directors' financial interest in such contract or transaction or
regarding such common directorship, officership, or financial interest are fully disclosed
in good faith and noted in the minutes, or are known to all directors of the Board prior to
the Board's consideration of such contract or transaction; (b) such contract or
transaction is authorized in good faith by a majority of the Board by a vote sufficient for
that purpose without counting the votes of the interested directors; (c) before authorizing
or approving the transaction, the Board considers and in good faith decides after
reasonable investigation that the Corporation could not obtain a more advantageous
arrangement with reasonable effort under the circumstances; and (d) the Corporation
for its own benefit enters into the transaction, which is fair and reasonable to the
Corporation at the time the transaction is entered into.
This section does not apply to a transaction that is part of an educational or
charitable program of this Corporation if it (a) is approved or authorized by the
Corporation in good faith and without unjustified favoritism and (b) results in a benefit to
one or more directors or their families because they are in the class of persons intended
to be benefited by the educational or charitable program of this Corporation.
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(g) Loans to Directors and Officers. This Corporation shall not lend any
money or property to or guarantee the obligation of any director or officer without the
approval of the California Attorney General; provided, however, that the Corporation
may advance money to a director or officer of the Corporation for expenses reasonably
anticipated to be incurred in the performance of his or her duties if that director or officer
would be entitled to reimbursement for such expenses by the Corporation.
ARTICLE IX. INDEMNIFICATION
Section 1. Right to Indemnification.
(a) This Corporation shall indemnify any person who was or is a party, or is
threatened to be made a party, to any action, or proceeding by reason of the fact that
such person is or was an officer, director, or agent of this Corporation, or is or was
serving at the request of this Corporation as a director, officer, employee or agent of
another foreign or domestic corporation, partnership, joint venture, or other enterprise,
against expenses, judgments, fines, settlements, and other amounts actually and
reasonably incurred in connection with such proceeding, to the fullest extent permitted
under the California Nonprofit Corporation Law.
(b) In determining whether indemnification is available to the director, officer,
or agent of this Corporation under California law, the determination as to whether the
applicable standard of conduct set forth in California Corporations Code Section 5238
has been made shall be made by a majority vote of a quorum of Directors who are not
parties to the proceeding. If the number of Directors who are not parties to the
proceeding is less than two-thirds of the total number of Directors seated at the time the
determination is to be made, the determination as to whether the applicable standard of
conduct has been met shall be made by the court in which the proceeding is or was
pending.
(c) The indemnification provided herein shall not be deemed exclusive of any
other rights to which those indemnified may be entitled and shall continue as to a
person who ceased to be an agent and shall inure to the benefit of the heirs, executors
and administrators of such a person.
Section 2. Forms of Indemnification Not Permitted.
No indemnification or advance shall be made under this Article IX in any
circumstances where it appears as follows:
(a) That it would be inconsistent with a provision of the Articles of
Incorporation, these Bylaws, or an agreement in effect at the time of the accrual of the
alleged cause of action asserted in the proceeding in which the expenses were incurred
or otherwise amounts were paid, which prohibits or otherwise limits indemnification; or
(b) That it would be inconsistent with any condition expressly imposed by a
court in approving a settlement.
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Section 3. Insurance.
The Corporation shall have power to purchase and maintain insurance on behalf
of any agent of the Corporation against any liability asserted against or incurred by the
agent in such capacity or arising out of the agent's status as such whether or not the
Corporation would have the power to indemnify the agent against such liability under
the provisions of this Article IX, provided, however, that a corporation shall have no
power to purchase and maintain such insurance to indemnify any agent of the
Corporation for a violation of Section 5233 of the California Nonprofit Public Benefit
Corporation Law.
ARTICLE X. RECORDS AND REPORTS
Section 1. Maintenance of Corporate Records.
The Corporation shall keep the following:
(a) Adequate and correct books and records of account;
(b) Minutes in written form of the proceedings of the Board and committees of
the Board;
(c) A record of its associates, their addresses and if applicable, the class of
associate membership held; and
(d) A record of each director's name, address, and phone number.
Section 2. Inspection by Directors.
Every director shall have the absolute right at any reasonable time to inspect all
books, records and documents of every kind and the physical properties of the
Corporation and the records of each of its subsidiary corporations. This inspection by a
director may be made in person or by an agent or attorney, and the right of inspection
includes the right to copy and make extracts of documents.
Section 3. Annual Report.
Except as provided under Section 6321(c), (d) or (f) of the California
Corporations Code, not later than one hundred twenty (120) days after the close of the
fiscal year of the Corporation, the Board shall cause an annual report to be sent to all
directors of the Board. Such report shall contain the following information in reasonable
detail:
(a) The assets and liabilities, including the trust funds, of the Corporation as
of the end of the fiscal year.
(b) The principal changes in assets and liabilities, including trust funds, during
the fiscal year.
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(c) The revenue or receipts of the Corporation, both unrestricted and
restricted to particular purposes, for the fiscal year.
(d) The expenses or disbursements of the Corporation, for both general and
restricted purposes, during the fiscal year.
(e) Any information required by Section 4 of this Article.
(f) An independent accountants' report or, if none, the certificate of an
authorized officer of the Corporation that such statements were prepared without audit
from the Corporation's books and records.
This requirement of an annual report shall not apply if the Corporation receives
less than twenty-five thousand dollars ($25,000) in gross receipts during the fiscal year,
provided, however, that the information specified above for inclusion in an annual report
must be furnished annually to all directors and to any associate who requests it in
writing. If the Board approves, the Corporation may send the report and any
accompanying material sent pursuant to this section by electronic transmission.
Section 4. Annual Statement of Certain Transactions and Indemnifications
The Corporation shall prepare annually and furnish to each director a statement
of any transaction or indemnification of the following kind within one hundred twenty
(120) days after the close of the fiscal year of the Corporation:
(a) Any transaction (1) in which the Corporation, or its parent or its subsidiary,
was a party; (2) in which an "interested person" had a direct or indirect material financial
interest; and (3) that involved more than $50,000 or was one of several transactions
with the same interested person involving, in the aggregate, over fifty thousand dollars
($50,000). As used herein, an "interested person" is either:
(i) Any director or officer of the Corporation, its parent or subsidiary
(but mere common directorship shall not be considered such an interest); or
(ii) Any holder of more than ten percent (10%) of the voting power of
the Corporation, its parent, or its subsidiary.
This statement shall include a brief description of the transaction, the names of
interested persons involved, their relationship to the Corporation, the nature of their
interest in the transaction and, if practicable, the amount of that interest, provided that if
the transaction was with a partnership in which the interested person is a partner, only
the interest of the partnership need be stated.
(b) Any indemnifications or advances aggregating more than ten thousand
dollars ($10,000) paid during the fiscal year to any officer or director of the Corporation
pursuant to Article IX hereof.
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ARTICLE XI. AMENDMENTS
Section 1. Amendment of Bylaws.
The Board of Directors may adopt, amend, or repeal these Bylaws. If any
provision of these Bylaws requires the vote of a larger proportion of the Board than
otherwise required by law, such provision may not be altered, amended, or repealed
except by that greater vote. The Board may not extend a director's term beyond that for
which the director was elected and appointed.
Section 2. Maintenance of Records.
The secretary of the Corporation shall see that a true and correct copy of all
amendments of the Bylaws, duly certified by the secretary, is attached to the official
Bylaws of the Corporation and is maintained with the official records of the Corporation
at the principal office of the Corporation.
Section 3. Filings,.
To the extent required by applicable law in effect at the time of any such
amendment, the secretary or the chief financial officer of the Corporation shall file a true
and correct copy of any amendment of the Bylaws or the Articles of Incorporation, duly
certified by the secretary, with the federal Internal Revenue Service and the State of
California Franchise Tax Board.
ARTICLE XII. MISCELLANEOUS
Section 1. Execution of Checks and Drafts.
All checks, drafts or other orders for payment of money, notes or other evidences
of indebtedness, issued in the name of or payable to the Corporation, shall be signed or
endorsed by such person or persons and in such manner as, from time to time, shall be
determined by resolution of the Board.
Section 2. Execution of Contracts.
Except as otherwise provided in these Bylaws, the Board may authorize any
officer or officers, agent or agents, to enter into any contract or execute any instrument
in the name of and on behalf of the Corporation, and such authority may be general or
confined to specific instances; and unless so authorized by the Board, no officer, agent
or employee shall have any power or authority to bind the Corporation by any contract
or engagement or to pledge its credit to render it liable for any purpose or to any
amount.
Section 3. Representation of Shares of Other Corporations.
The president or any vice president or the secretary or assistant secretary of the
Corporation from time to time designated by general resolution of the Board, and acting
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individually and without necessity for specific resolution, are authorized to vote,
represent and exercise on behalf of the Corporation all rights incident to any and all
shares of any other corporation or corporations standing in the name of the Corporation.
The authority herein granted to such officers to vote or represent on behalf of the
Corporation any and all shares held by the Corporation in any other corporation or
corporations may be exercised either by such officers in person or by any person
authorized so to do by proxy or power of attorney duly executed by such officers.
Section 4. Certificate of Secretary.
A Certificate of the Secretary of this Corporation shall be affixed to the original, or
most recent amended version of the Bylaws, such Certificate to be in the following form:
CERTIFICATE OF SECRETARY
I, the undersigned, the duly appointed and acting Secretary of Seal Beach
Historic Resources Foundation, a California nonprofit public benefit corporation, do
hereby certify: That the above Bylaws, consisting of pages, are the Bylaws of
this Corporation were as the Bylaws of the Corporation by the Board of Directors on
, 2021, and that they have not been amended or modified since that date.
IN WITNESS WHEREOF, I have hereunto subscribed my name this day of
, 2021.
[Typed Name], Secretary
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AGENDA STAFF REPORT
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DATE: July 26, 2021
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Philip L. Gonshak, Chief of Police
SUBJECT: Discussion Regarding Proposed Amendment to the Seal Beach
Municipal Code 8.20.015 Head in Parking Only
SUMMARY OF REQUEST:
Council Member Moore requested discussion of this item, and there was Council
consensus at the May 24, 2021 Council meeting, to direct staff to bring this item
back to Council for discussion.
That the City Council consider the proposed amendments to the City's "head in"
parking regulations and:
1. Adopt Ordinance 1691 providing an exception to "head in" parking
requirements for certain vehicles parked in beach parking lots; or,
2. Provide alternate direction to staff.
BACKGROUND AND ANALYSIS:
In 2018, the City of Seal Beach adopted Municipal Code 8.20.015, which states
that vehicles shall be parked with the rear of the vehicle oriented closest to the
traffic lane and within the space indicated, unless otherwise specified by signage.
The intention of this regulation was to have the license plates for each vehicle
visible for parking officers and for use of Automated License Plate Readers
(ALPR) for parking enforcement. It should be noted that people from across the
nation visit the City, and many states do not require a front license plate like the
State of California requires under California Vehicle Code 5200(a). Additionally,
due to a number of these states not requiring front license plates on vehicles,
head in parking is easier for our current ALPR geo-based citation systems.
Further, the regulation provides a uniform approach to parking which in turn
make the lots a safer environment for people to park, unload their vehicles, and
enjoy the day at the beach.
Agenda Item T
As a result of this adoption, the City placed a total of thirty-six (36) signs, twelve
(12) in each beach lot which state "Head in Parking Only." The signs are posted
at the single point of entry for each lot, as well as at each pay station and at
various posts throughout each parking lot. The City spent $13,550 for parking
curbs to prevent pulling forward and to limit backing into stalls. Enforcement
officially began taking place in October 2019 once the signs were in highly visible
places in each of the beach parking lots.
From 2018 until June 2021, there have been a total of 75,775 parking citations
issued in the City. From October 2019 to June 2021, a total of 4,128 citations
were issued for Seal Beach Municipal Code (SBMC) 8.20.015 Head in Parking
Only. As a result, head in parking citations equate to $260,608 in fines.
Since 2018, the Seal Beach Police Department has responded to a total of seven
(7) collisions in the beach lots. Of those seven (7) collisions, one (1) collision was
the result of unsafe backing as a subject attempted to reverse in order to get into
a parking stall. The cause of the remaining collisions was the result of drunk
drivers or hit and run accidents.
The regulation of "head in" parking is not uncommon, as the Cities of Oceanside,
Laguna Beach, Paso Robles, San Leandro, EI Segundo, and Santa Monica have
the same regulation. It is also the practice at California State University, Long
Beach and other large parking venues as it relates to angled parking stalls and
one-way roadways with parking stalls. In addition, as cities move to ALPR
technology, they are also moving to head in parking regulations.
The State of California has no vehicle code section addressing "head in" parking
or "pull -forward" parking. The California Vehicle Code (CVC) addresses unsafe
backing in 22106 CVC, which states, "No person shall start a vehicle stopped,
standing or parked on a highway, nor shall any person back a vehicle on a
highway until such movement can be made with reasonable safety." The parking
lot is not considered a highway; however, this would apply to Main Street parking
and other areas of the city where drivers may attempt to maneuver into angled
stalls.
In researching the safety concerns raised related to head in parking, the
American Automobile Association (AAA) provided an article that warned
motorists against "pull -forward," also known as pull through, parking in busy
parking lots and cited backing into a stall can be just as dangerous as backing
out of a stall. AAA cited that 48% of motorcycles were not detected when
subjects were using backup cameras or alert systems to assist in parking; and
60% of pedestrians were not detected. AAA mentioned that in busy parking lots
"pull -forward parking" and backing into a stall can be tricky when trying to leave
with large trucks and utility vehicles blocking the view on both sides of a vehicle.
AAA made the same argument as it relates to backing out of a stall with large
vehicles on both sides, blocking the driver's view.
Page 2
In 2018, AAA posted that 76% of Americans enter the parking spaces headfirst.
They stated this is common practice for most as it is easier to park, faster, and
more convenient to load or unload a vehicle. AAA also said if people were to
back into the stall this would require a few extra seconds, the use of hazard
lights, and a certain amount of skill to safely complete the maneuver. They cited
the use of hazard lights to notify other vehicles of the pending parking maneuver.
Additionally, the National Highway Traffic Safety Administration (NHTSA)
recommends drivers pay attention to the rules and regulations of the parking lots
as some business may discourage "pull -forward" parking or backing into a
parking stall.
AAA provides arguments both for and against "pull -forward" or pull through
parking and backing into a stall. NHTSA states that there is better visibility when
backing into a stall but also provides the disclaimer to readers that some parking
lots and businesses post signs against it to support uniformity.
The ordinance prepared for City Council's discussion and consideration would
remove "Head in Parking Only" parking from the Beach Lots only (1St Street, 8th
Street, and 10th Street).
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:
There is no financial impact related to this amendment.
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:
Council Member Moore requested discussion of this item, and there was Council
consensus at the May 24, 2021 Council meeting, to direct staff to bring this item
back to Council for discussion.
Page 3
That the City Council consider the proposed amendments to the City's "head in"
parking regulations and:
1. Adopt Ordinance 1691 providing an exception to "head in" parking
requirements for certain vehicles parked in beach parking lots; or,
2. Provide alternate direction to staff.
SUBMITTED BY:
Philip L. Gonshak
Philip L. Gonshak, Chief of Police
NOTED AND APPROVED:
Jill R. Ingram
Jill R. Ingram, City Manager
Prepared by: Michael Ezroj, Support Services Captain
ATTACHMENTS:
A. Ordinance 1691
Page 4
ORDINANCE 1691
AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING
CHAPTER 8.20 OF THE SEAL BEACH MUNICIPAL CODE TO
AMEND REGULATIONS FOR HEAD IN PARKING IN CITY
BEACH PARKING LOTS
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findings and Purpose.
(a) The City of Seal Beach (the "City") is a charter city duly organized under
the constitution and the laws of the State of California.
(b) Pursuant to Vehicle Code Section 22507 and other applicable State laws,
the City Council is authorized to make and enforce additional restrictions on stopping,
standing and parking In the City.
(c) The restrictions adopted herein are intended to be consistent with, and in
addition to, the provisions of existing State law.
SECTION 2. Section 8.20.015 of Chapter 8.20 of the Seal Beach Municipal
Code is hereby amended to provide an exception to "head in" parking requirements for
certain vehicles parked in beach parking lots, to read as follows:
"8.20.015 Head in Parking.
A. Except as provided in subsection B of this section or as otherwise specified
by signage, vehicles shall be parked with the rear of the vehicle oriented closest
to the traffic lane.
B. Head in parking shall not be required in beach parking lots located at 15
Ocean Ave (1St Street), 800 Ocean Ave (8th Street) and 902 Ocean Ave (10th
Street) parking lots, provided that a City parking receipt is visible in the vehicle
dashboard, and/or a license plate is installed on the front of the vehicle."
SECTION 3. CEQA Findings. The City Council hereby determines that this
Ordinance is exempt from the California Environmental Quality Act ("CEQA") because it
can be seen with certainty that the adjustment of certain parking restrictions and
requirements that already exist in the City is not a "project" under CEQA since such
adjustments will not result in any physical change to the environment.
SECTION 4. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this Ordinance or any part thereof is for any reason held
to be invalid, such invalidity shall not affect the validity of the remaining portions of this
Ordinance or any part hereof. The City Council of the City of Seal Beach hereby
declares that it would have passed each section, subsection, subdivision, paragraph,
sentence, clause or phrase hereof, irrespective of the fact that any one or more
sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be
declared invalid.
SECTION 5. Savings Clause. Neither the adoption of this Ordinance nor the
repeal or amendment by this Ordinance of any ordinance or part or portion of any
ordinance previously in effect in the City or within the territory comprising the City, shall
in any manner affect the prosecution for the violation of any ordinance, which violation
was committed prior to the effective date of this Ordinance, nor be construed as a
waiver of any license, fee or penalty or the penal provisions applicable to any violation
of such ordinances. Sections of the Seal Beach Municipal Code not amended by this
Ordinance shall remain in full force and effect, and those existing sections amended by
this Ordinance shall remain in effect until this Ordinance takes effect.
SECTION 6. Certification. The City Clerk shall certify to the passage and
adoption of this Ordinance and shall cause the same or a summary thereof to be
published and posted in the manner required by law.
SECTION 7. Effective Date. This Ordinance shall go into effect and be in full
force and effect at 12:01 a.m. on the 31st day after its passage.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach at a meeting thereof held on the 26th day of July 2021.
ATTEST:
Gloria D. Harper, City Clerk
Joe Kalmick, Mayor
APPROVED AS TiO FORM
g A. Steele, City Attorney
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 Ordinance was passed, approved and adopted by the City Council at a
regular meeting held on the 26th day of July 2021 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
and do hereby further certify that Ordinance 1691 has been published pursuant to the
Seal Beach City Charter and Resolution Number 2836.
Gloria D. Harper, City Clerk