Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda Packet_09132021
A G E N D A MEETING OF THE CITY COUNCIL Monday,September 13,2021 ~7:00 PM ALL COUNCIL MEMBERS AND STAFF WILL PARTICIPATE VIA TELECONFERENCE JOE KALMICK MAYOR First District MIKE VARIPAPA MAYOR PRO TEM Third District THOMAS MOORE COUNCIL MEMBER Second District SCHELLY SUSTARSIC COUNCIL MEMBER Fourth 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.sealbeachca.gov).Check the SBTV3 schedule for rebroadcast of —meetings are available on- demand on the website (starting 2012).meeting In compliance with the Americans with Disabilities Act of 1990,if you require disability -related modification or accommodation to attend or participate in this meeting,including auxiliary aids or services,please call the City Clerk's office at (562)431 -2527 at least 48 hours prior to the meeting. NOTICE REGARDING PUBLIC OBSERVATION AND PARTICIPATION IN THE CITY COUNCIL MEETING To comply with Governor Newsom’s Executive Order N-29-20 and the Amended Order and Guidance of the Orange County Health Officer issued March 18,2020 the City of Seal Beach hereby gives notice of the “means by which members of the public may observe the meeting and offer public comment”for the City Council meeting on September 13,2021.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:Members of the public may submit comments on any item on this City Council meeting agenda via email to the City Clerk at gharper@sealbeachca.gov or via the comment icon through the online portal at https://www.sealbeachca.gov/Government/Agendas-Notices-Meeting-Videos/Council- Commission-Meetings.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 September 13,2021 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 •Recognition of Olympic Gold Medalist Rachel Fattal •Hunger Action Month PUBLIC COMMUNICATIONS 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 September 13, 2021.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. 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 September 13,2021 to receive instructions on how to join the meeting. Supplemental Questions from Council Member Sustarsic Supplemental Questions from Robert Goldberg 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 A.City Council Appointment to the Seal Beach Cable Communications Foundation –District Five -At the request of Council Member Massa-Lavitt, that the City Council appoint Owen Hughes to the Seal Beach Cable Communications Foundation,as a representative for District Five. 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. B.Approval of the August 9,2021 City Council Minutes -That the City Council approve the minutes of the Closed Session and Regular City Council meeting held on August 9,2021. C.Demands on City Treasury (Fiscal Year 2021)–September 13,2021 -Ratification. D.Monthly Investment Report –August 31,2021 -Receive and file. E.Authorize Expenditures with Synoptek to Replace End of Life (EOL) Switches at the Police Department,City Hall and Public Works Yard -That the City Council adopt Resolution 7188 authorizing the City Manager to approve expenditures with Synoptek in the not-to exceed amount of $55,024.28 for the purchase and installation of new switches at the Police Department,City Hall and Public Works Yard. F.Approving and Authorizing a Memorandum of Understanding Between the County of Orange and the City of Seal Beach for Continued Use of the Countywide Mass Notification System,AlertOC -That the City Council adopt Resolution 7189:1.Approving the Memorandum of Understanding with the County of Orange to allow the City of Seal Beach to continue using the countywide mass notification system,AlertOC;and,2.Authorizing the City Manager to execute the Memorandum of Understanding. G.Approving and Authorizing a Memorandum of Agreement with the Orange County Intelligence Assessment Center -That the City Council adopt Resolution 7190:1.Approving the Memorandum of Agreement with the Orange County Intelligence Assessment Center assigning the Seal Beach Police Civilian Investigator,in a part-time basis,to the Intelligence Assessment Center;and,2. Authorizing the City Manager to execute the Agreement. H.Notice of Completion for FY 2020-2021 Arterial Street Resurfacing Program (Marina Drive),CIP ST2103 -That the City Council adopt Resolution 7191: 1.Accepting the FY 2020-2021 Arterial Street Resurfacing Program (Marina Drive),CIP ST2103,by Sialic Contractors Corporation dba Shawnan in the contract amount of $555,655.90;and,2,Approving Budget Amendment BA 22-03-01 in the amount of $25,500 for the FY 2020-2021 Arterial Street Resurfacing Project (Marina Drive),CIP ST2103;and,3.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.Notice of Completion for City Hall HVAC Replacement Project,CIP BG2001 -That the City Council adopt Resolution 7192:1.Accepting the City Hall HVAC Replacement Project,CIP BG2001,by ACCO Engineered Systems,Inc.in the amount of $336,627.38;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. J.Notice of Completion for FY 2019-2020 Traffic Signal Modification Project, CIP ST2006/ST2106 -That the City Council adopt Resolution 7193:1.Accepting the FY 2019-2020 Traffic Signal Modification Project,CIP ST2006/ST2106,by Crosstown Electrical &Data,Inc.in the amount of $245,512.80;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. K.Authorizing Expenditures for the Purchase of One Water Valve Turning Vehicle from the National Auto Fleet Group Utilizing a Cooperative Purchase Agreement -That the City Council adopt Resolution 7194 authorizing the City Manager to approve expenditures for the purchase of a water valve turning vehicle from The National Auto Fleet Group in a not-to-exceed amount of $205,732.46 via the Sourcewell Contract #120716-NAF,a cooperative purchasing agency serving government agencies,pursuant to the exemption from competitive bidding requirements set forth in Seal Beach Municipal Code Section 3.20.025(D). L.Awarding and Authorizing Execution of a Public Works Agreement with Wright Construction Engineering Corp for Lampson Avenue Drainage Improvements,CIP SD2101 -That the City Council adopt Resolution 7195: 1.Approving plans,specifications,and contract documents for the Lampson Avenue Drainage Improvements,CIP SD2101;and,2.Approving and awarding a public works agreement to Wright Construction Engineering Corp in the amount of $187,015.50,deeming CEM Construction Corp’s bid as non-responsive,and rejecting all other bids;and,3.Authorizing the City Manager to execute the public works agreement for the Lampson Avenue Drainage Improvements to Wright Construction Engineering Corp;and,4.Authorizing the City Manager to approve additional work requests up to $20,000 and inspection services up to $20,984.50 in connection with the Project,in the cumulative not-to-exceed amount of $40,984.50;and,5.Approving Budget Amendment BA 22-03-03 in the amount of $228,000 for the Lampson Avenue Drainage Improvements,CIP SD2101. M.Accept Dedication of Rivers End Park and Grant a Maintenance Easement to Shea Homes for the Water Quality Detention Basin -That the City Council adopt Resolution 7196:1.Accepting the dedication and grant of property from Shea Homes Limited Partnership (successor in interest to Bay City Partners, LLC);and,2.Directing the execution and recording of an instrument of acceptance thereof;and,3.Approving a basin maintenance easement and covenant with Shea Homes relating to a portion of such property;and,4. Authorizing the City Manager to execute all necessary documents in a form acceptable to the City Attorney. N.Mutual Aid Agreement with the County of Orange for Reimbursement of Staffing Costs Related to Working COVID-19 Vaccine Sites -That the City Council adopt Resolution 7197:1.Authorizing the City Manager to execute the Mutual Aid Agreement for the COVID-19 Vaccination Effort with the County of Orange,pertaining to mutual aid assistance provided under the Orange County Operational Area Agreement;and,2.Authorize the City Manager to execute any actions necessary for the purposes of obtaining federal financial assistance related to this Agreement. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARING –None UNFINISHED /CONTINUED BUSINESS O.Consideration and Direction to Staff Regarding Status of Local Eviction Moratoria -That the City Council:1.Direct staff to draft an urgency ordinance to repeal the commercial eviction moratorium prior to September 30,2021;and, 2.Provide policy direction to staff regarding the residential eviction moratorium. NEW BUSINESS P.Receive and File the Agreed Upon Procedures Report on for the Period of July 1,2013 through June 30,2020 from Willis Consulting &Accounting, Inc.Related to the Payment of City Utility Accounts -That the City Council receive and file the Report on Agreed Upon Procedures for the period of July 1, 2013 through June 30,2020 from Willis Consulting &Accounting,Inc.related to the payment of City utility accounts. ADJOURNMENT Adjourn the City Council to Monday,September 27,2021 at 5:30 p.m.to meet in closed session,if deemed necessary. Questions for September 13, 2021 City Council Meeting Sustarsic Warrants: 7/13/21 Check # 20705 Del Amo Motor Sports $ 916.79 Anti-theft cord/ canvas cover What is this for? Keys and covers for Marine Safety jet skis. 8/4/21 Check # 20720 Hach Company $ 585.02 DR300 Colorimeter What is this for? Testing water for chemicals. 8/19/21 Check # 20848 City of Seal Beach $ 550.00 Refund Tennis Center Membership What is this refund for? Refund to City to credit resident who accidentally sent in payment for Tennis Center membership with water bill and payment was credited to water account instead of Tennis Center membership. 8/30/21 Check # 20954 Debra L. Reilly $20,366.00 9/7/21 Check # 21098 Debra L. Reilly $20,944.00 What are these for? Related to confidential personnel matters. Item L. If the Lampson drainage project ultimately drains into the JFTB, does this mean that Lampson will be trenched for this project from the freeway, all the way to the area of the Lampson Well? The only trenching on this project will be in the eastbound lanes on Lampson Avenue for only a length of about 100 feet where the annual “ponding” would occur. This project will drain into an underground culvert for the JFTB within Lampson Avenue. That is the entirety of this construction project. RESOLUTION NUMBER 5967 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ADJUSTING WATER RATES WHEREAS, The City of Seal Beach ( "City ") maintains a municipal water system for the furnishing of water to water users in the City and has previously adopted water rates per Resolution 5159 dated August 11, 2003 for the sale and distribution of water; WHEREAS, It has always been the policy of the City Council that the City's water utility be self - supporting from charges made by the City for water furnished to customers and all services rendered in connection therewith; WHEREAS, The cost of operating and maintaining the City's municipal water system has steadily increased in recent years; WHEREAS, The Municipal Water District of Orange County and the Orange County Water District, having the sole authority to set rates for water purchases, replenishment assessments, and associated fees for the importation of water and pumping of groundwater, respectively, deliver water to the City and pass through increases in the cost of providing such water to the City; WHEREAS, Seal Beach Municipal Code §9.35.020 provides for the establishment of water rates by City Council resolution; WHEREAS, On December 21, 2009, the City mailed notice of the proposed rate adjustment to each water user, explaining the total amount of the proposed rate adjustment, the amount each water user would pay, the duration of the payments, the reason for the adjustment in rates, and the basis upon which the rate adjustment was calculated. The notice also provided information regarding the public hearing on the proposed rate adjustment as well as instructions for providing written protests regarding the proposed rate adjustment; and WHEREAS, The City Council held a public hearing regarding the proposed water rate adjustment on February 8, 2010, at which time the City Council received public testimony and considered all objections and protests to the proposed charges. The item was continued to March 8, 2010, then continued to March 22, 2010, and thereafter continued again to April 12, 2010. Having received no written protests from a majority of owners of the parcels upon which the charges are proposed for imposition, the City Council therefore declares its intent to adopt the proposed rate adjustment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: That the following water rates are hereby established and fixed as specified in the following schedule and in accordance with provisions on the following pages: Intentionally Left Blank) Resolution Number 5967 Table 14. Bi- Monthly Meter Charge Calculation (All Customer Classes except Fire Service) 1. The 12' meter size is currently billed on a monthly basis at one -half the amount stated above. Sources City of Seal Beach, W illdan Financial Service Table 15. Fire Service Standby Fees Calculation Equivalent FY 2010 -11 FY 2011 -12 FY 2012 -13 Meter Size FY 2013 -14 Total Meters & Services Costs 574,995 602,951 634,080 666.155 37.86 Number of Equivalent Meters 1.67 7,378 43.34 7,378 7,378 1.5" 7,378 62.98 Bi- Monthly Cost per 5/8" & 3/4" Meter 12.99 13.62 14.32 15.05 103.06 Total Customer Billing Costs 604.330 633,712 666,430 700,141 236.16 Number of Accounts 260.43 5,116 6" 5,116 5,116 474.64 5,116 524.39 Bi- Monthly Cost per 5/8" & 3/4' Meter 19.69 20.64 21.71 22.81 1,015.46 BI- MONTHLY METER CHARGE 1,119.81 1,176.45 12' '103.33 1,361.82 1,428.03 1,501.76 1,577.72 1. The 12' meter size is currently billed on a monthly basis at one -half the amount stated above. Sources City of Seal Beach, W illdan Financial Service Table 15. Fire Service Standby Fees Calculation Equivalent Meter Size Meter Factor FY 2010 -11 FY 2011 -12 5/8" & 3/4'1.00 32.68 34.26 36.03 37.86 1 "1.67 41.33 43.34 45.58 47.89 1.5"3.33 62.98 66.04 69.45 72.97 2"5.33 88.96 93.28 98.10 103.06 3"10.67 158.23 165.92 174.49 183.32 4"16.67 236.16 247.64 260.43 273.60 6"33.33 452.63 474.64 499.14 524.39 8"53.33 712.40 747.04 785.60 825.34 10'76.67 1,015.46 1,064.83 1,119.81 1,176.45 12' '103.33 1,361.82 1,428.03 1,501.76 1,577.72 1. The 12' meter size is currently billed on a monthly basis at one -half the amount stated above. Sources City of Seal Beach, W illdan Financial Service Table 15. Fire Service Standby Fees Calculation FY 2010 -11 FY 2011 -12 FY 2012 -13 FY 2013 -14 Total Annual Fire Service Costs $58,995.00 58,995.00 58,995.00 58,995.00 Number of Equivalent Connections 3,121 3,121 3,121 3,121 Charge per equivalent $18.90 18.90 18.90 18.90 Monthly Charge per equivalent $1.58 1.58 1.58 1.58 Meter Size Demand Factor Standby Fees • Minimum Monthly Charge 11. 1.00 1.58 1.58 1.58 1.58 2" 4.00 6.30 6.30 6.30 6.30 4" 16.00 25.20 25.20 25.20 25.20 6' 36.00 56.71 56.71 56.71 56.71 8' 64.00 100.81 100.81 100.81 100.81 10" 100.00 157.52 157.52 157.52 157.52 12" 144.00 226.83 226.83 226.83 226.83 Demand factors based on nominal size of connection raised to the 2.00 power. The demand factors are based on AW WA standards for allocating service costs to public and private fire accounts. Sources: City of Seal Beach, Willdan Financial Services 1 Resolution Number 5967 Table 16. Residential 131-monthly Increasing Block Consumption Rate Calculation Table 17. Leisure World 131-monthly Increasing Block Consumption Rate Calculation FY FY FY FY FY FY FY Description 2010/11 2010/11 2011/12 2012/13 2012/13 2013/14 2013/14 Residential Water Costs 1,507,568 1,580,865 1,662,482 1,746,579 1,156,059 Hesiaennai LonsumpTion (ncT)782,299 517,803 782,299 782,299 517,803 782,299 517,803 Residential Base Rate ($/hcf)1.93 2.02 2.13 2.23 2.23 Residential Share of Penalty Water Costs 176,539 176,539 176,539 176,539 116,851 Residential Consumption Above Avg Usage (hcf)273,805 181,231 273,805 273,805 181,231 273,805 181,231 Additional Amount per hcf for Conservation 0.64 0.64 0.64 0.64 0.64 Block 1 Rates (per hcf): (1 to 26 hcf bi- monthly)1.93 2.02 2.13 2.23 2.23 Block 2 Rates (per hcf): (27 hcf and above bi- monthly)2.57 2.67 2.77 2.88 2.88 Source: City of Seal Beach; Willdan Financial Services Table 17. Leisure World 131-monthly Increasing Block Consumption Rate Calculation FY FY FY FY Description 2010/11 2011/12 2012/13 2013/14 Leisure World Water Costs 997,858 1,046,373 1,100,395 1,156,059 Leisure World Consumption (hct)517,803 517,803 517,803 517,803 Leisure World Base Rate ($/hcf)1.93 2.02 2.13 2.23 Leisure World Share of Penalty Water Costs 116,851 116,851 116,851 116,851 Leisure World Consumption Above Avg Usage (hcf)181,231 181,231 181,231 181,231 Additional Amount per hcf for Conservation 0.64 0.64 0.64 0.64 Block 1 Rates (per hcf): (1 to 45,490 hcf monthly)1.93 2.02 2.13 2.23 Block 2 Rates (per hcf): (45,491 and above monthly)2.57 2.67 2.77 2.88 Source: City of Seal Beach, Willdan Financial Services Table 18. Commercial Bi- monthly Increasing Block Consumption Rate Calculation FY FY FY FY Description 2010/11 2011/12 2012113 2013/14 Commercial Water Costs Commercial Consumption (hcf) Commecial Base Rate ($ /hcf) 763,999 $ 801,145 $ 842,506 $ 885,125 393,758 393,758 393,758 393,758 1.94 $ 2.03 $ 2.14 $ 2.25 Commercial Share of Penalty Water Costs Commercial Consumption Above Avg Usage (hcf) Additional Amount per hcf for Conservation Block 1 Rates (per hcf): See Table Below Block 2 Rates (per hcf): See Table Below 88,858 $ 88,858 $ 88,858 $ 88,858 157,503 157,503 157,503 157,503 0.56 $ 0.56 $ 0.56 $ 0.56 1.94 $ 2.03 $ 2.14 $ 2.25 2.50 $ 2.60 $ 2.70 $ 2.81 Source: City of Seal Beach, Willdan Financial Services S7296.0001 Resolution Number 5967 Table 19. Commercial Bi- monthly Increasing Block Consumption Rate Summary Table 20. Consumption Rate - City and All Other Classes Description FY 2010/11 FY FY 2012/13 FY City Water Costs including Penalty Water Costs FY 141,599 FY Description City Consumption (hcf) 2010/11 63,996 2011/12 63,996 2012/13 2.12 2013/14 2.32 2.42 Rate (per hcf)2.12 2.21 2.32 2.42 5/8" - 3/4" Meters Block 1 Rate per ccf (0 -26 ccf)1.94 2.03 2.14 2.25 Block 2 Rate per ccf (27+ ccf)2.50 2.60 2.70 2.81 1 " Meters Block 1 Rate per ccf (0 -43 ccf)1.94 2.03 2.14 2.25 Block 2 Rate per ccf (44+ ccf)2.50 2.60 2.70 2.81 1 1/2" Meters Block 1 Rate per ccf (0 -88 ccf)1.94 2.03 2.14 2.25 Block 2 Rate per ccf (89+ ccf)2.50 2.60 2.70 2.81 2" Meters Block 1 Rate per ccf (0 -205 ccf)1.94 2.03 2.14 2.25 Block 2 Rate per ccf (206+ ccf)2.50 2.60 2.70 2.81 3" Meters' Block 1 Rate per ccf (0 -420 ccf)1.94 2.03 2.14 2.25 Block 2 Rate per ccf (421+ ccf)2.50 2.60 2.70 2.81 4" Meters Block 1 Rate per ccf (0 -686 ccf)1.94 2.03 2.14 2.25 Block 2 Rate per ccf (687+ ccf)2.50 2.60 2.70 2.81 6" Meters Block 1 Rate per ccf (0 -1941 ccf)1.94 2.03 2.14 2.25 Block 2 Rate per ccf (1942+ ccf)2.50 2.60 2.70 2.81 8" Meters Block 1 Rate per ccf (0 -4951 ccf)1.94 2.03 2.14 2.25 Block 2 Rate per ccf (4952+ ccf)2.50 2.60 2.70 2.81 10" Meters' Block 1 Rate per ccf (0 -7117 ccf)1.94 2.03 2.14 2.25 Block 2 Rate per ccf (7118+ ccf)2.50 2.60 2.70 2.81 12" Meters' Block 1 Rate per ccf (0 -45490 ccf)1.94 2.03 2.14 2.25 Block 2 Rate per ccf (45490+ ccf)2.50 2.60 2.70 2.81 1. Allotment based on AWWA Flow Ratios. Source: City of Seal Beach; Willdan Financial Services Table 20. Consumption Rate - City and All Other Classes Description FY 2010/11 FY 2011/12 FY 2012/13 FY 2013/14 City Water Costs including Penalty Water Costs 135,703 141,599 148,164 154,928 City Consumption (hcf)63,996 63,996 63,996 63,996 Base Rate ($/hcf)2.12 2.21 2.32 2.42 Rate (per hcf)2.12 2.21 2.32 2.42 Source: City of Seal Beach; Willdan Financial Services 1 All provisions of Resolution No. 5159 shall remain in effect except as modified herein. BE IT FURTHER RESOLVED that the respective water rates set forth above shall become effective on July 1st of each respective fiscal year. Resolution Number 5967 1 1 1 PASSED, APPROVED and ADOPTED by the City Council of the City of Seal Beach at a regular meeting held on the 12th day of April , 2010 by the following vote: AYES: Council Members NOES: Council Members c I '/v, lr ABSENT: Council Members 6 r 1101 ABSTAIN: Council Members r ( W& 14 r.Mayor 20 RgjF ATTEST: M COB1 2 it Clerk FCD(/N STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 5967 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 12th day of April , 2010. W. y 79M, 2AW 1, Mid S7296.0001 t RAFTELTs FrNnrucltl P Asencv; City of Seal Beach Study: Water & Wastewater Rate Study Meetlnr: Financial Plan & Preliminary Rates Meeting z6[]iliDrm-.q Paftlcipants; Pr-k'at'lll lrls Lee - City Engineer Obiestivesr Alayna Hoang- Review and Finalize Water and Wastewater Financial Plans Review and Finalize Water and Wastewater Rates Address questions and outstanding data Revise schedule a. b. d. 6. 7. Wastewater 12. We removed stormwater costs from the sewer financial plan 13. City confirmed no debt proceeds left for sewer 24540 Jefferson Avsrue, Sulte 207 Mur;ieta, CA 92562 1 I Page Water wrYw,raftelis,(om 4. Raftelis will provlde model to City after preparinB draft ptesentation years-worth of debt service Connection. Reserve goal is 1 8. 9.CIP error in City data. Stick to bottom line in Raftelis model. 10. S 142K is fine to assume for Bllling & Customer Service costs. 11. City agrees with S10M debt issue in FY23 and 75% ClP. Fiscal Year 2019-20 Number of City Meters* Bimonthly Charge per Meter Unpaid Charges for FY Meters: 5/8"4 $37.86 $909 Meters: 1"13 $47.89 $3,735 Meters: 1 1/2"11 $72.97 $4,816 Meters: 2"57 $103.06 $35,247 Meters: 4"1 $273.60 $1,642 Meters: 8"1 $825.34 $4,952 Total: $51,300 Fiscal Year 2018-19 Number of City Meters* Bimonthly Charge per Meter Unpaid Charges for FY Meters: 5/8"4 $37.86 $909 Meters: 1"13 $47.89 $3,735 Meters: 1 1/2"11 $72.97 $4,816 Meters: 2"57 $103.06 $35,247 Meters: 4"1 $273.60 $1,642 Meters: 8"1 $825.34 $4,952 Total:$51,300 Fiscal Year 2017-18 Number of City Meters* Bimonthly Charge per Meter Unpaid Charges for FY Meters: 5/8"4 $37.86 $909 Meters: 1"13 $47.89 $3,735 Meters: 1 1/2"11 $72.97 $4,816 Meters: 2"57 $103.06 $35,247 Meters: 4"1 $273.60 $1,642 Meters: 8"1 $825.34 $4,952 Total:$51,300 Fiscal Year 2016-17 Number of City Meters* Bimonthly Charge per Meter Unpaid Charges for FY Meters: 5/8"4 $37.86 $909 Meters: 1"13 $47.89 $3,735 Meters: 1 1/2"11 $72.97 $4,816 Meters: 2"57 $103.06 $35,247 Meters: 4"1 $273.60 $1,642 Meters: 8"1 $825.34 $4,952 Total:$51,300 Unpaid Annual Water Meter/Capital Charges from FY 2013-14 through FY 2019-20 Unpaid Water Meter (Capital) Charges Fiscal Year 2015-16 Number of City Meters* Bimonthly Charge per Meter Unpaid Charges for FY Meters: 5/8"4 $37.86 $909 Meters: 1"13 $47.89 $3,735 Meters: 1 1/2"11 $72.97 $4,816 Meters: 2"57 $103.06 $35,247 Meters: 4"1 $273.60 $1,642 Meters: 8"1 $825.34 $4,952 Total:$51,300 Fiscal Year 2014-15 Number of City Meters* Charge per HCF or Meter (2 months) Unpaid Charges for FY Meters: 5/8"4 $37.86 $909 Meters: 1"13 $47.89 $3,735 Meters: 1 1/2"11 $72.97 $4,816 Meters: 2"57 $103.06 $35,247 Meters: 4"1 $273.60 $1,642 Meters: 8"1 $825.34 $4,952 Total:$51,300 Fiscal Year 2013-14 Number of City Meters* Charge per HCF or Meter (2 months) Unpaid Charges for FY Meters: 5/8"4 $37.86 $909 Meters: 1"13 $47.89 $3,735 Meters: 1 1/2"11 $72.97 $4,816 Meters: 2"57 $103.06 $35,247 Meters: 4"1 $273.60 $1,642 Meters: 8"1 $825.34 $4,952 Total:$51,300 Total FY 13-14 through FY 19-20 $359,102 Revised 9/12/21 *Meter information from Raftelis Model ,tab W>Rev, line 452. Agenda Item A AGENDA STAFF REPORT DATE: September 13, 2021 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Gloria D. Harper, City Clerk SUBJECT:City Council Appointment to the Seal Beach Cable Communications Foundation – District Five SUMMARY OF REQUEST: At the request of Council Member Massa-Lavitt, that the City Council appoint Owen Hughes to the Seal Beach Cable Communications Foundation, as a representative for District Five. BACKGROUND: In accordance with Government Code Section 54974(a), whenever an unscheduled vacancy occurs on any board, commission, or committee for which the legislative body has the appointing power, an unscheduled vacancy notice shall be posted and appointment to the board, commission, or committee shall not be made by the legislative body for at least 10 working days after the posting of the notice. The notice of resignation for Joseph Valentinni was received by the City Clerk’s Office on August 25, 2021 and the required Notice of Vacancy was posted August 27, 2021. Additionally, notwithstanding subdivision (a), the legislative body may, if it finds that an emergency exists, fill the unscheduled vacancy immediately, as is the case with the Seal Beach Cable Communications Foundation vacancy. The term for all the appointees will expire December 2022. 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 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: At the request of Council Member Massa-Lavitt, that the City Council appoint Owen Hughes to the Seal Beach Cable Communications Foundation, as a representative for District Five. SUBMITTED BY: NOTED AND APPROVED: Gloria D. Harper Jill R. Ingram Gloria D. Harper, City Clerk Jill R. Ingram, City Manager Agenda Item B AGENDA STAFF REPORT DATE:September 13, 2021 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Gloria D. Harper, City Clerk SUBJECT:Approval of the August 9, 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 August 9, 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. Page 2 1 0 7 9 RECOMMENDATION: That the City Council approve the minutes of the Closed Session and Regular City Council meeting held on August 9, 2021. SUBMITTED BY: NOTED AND APPROVED: Gloria D. Harper Jill R. Ingram Gloria D. Harper, City Clerk Jill R. Ingram, City Manager Prepared by: Dana Engstrom, Deputy City Clerk ATTACHMENTS: A. Minutes - Closed Session B. Minutes – Regular Session 6 2 1 1 Seal Beach, California August 9, 2021 The City Council met in Closed Session at 4:30 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. Conference with Legal Counsel Significant exposure to litigation pursuant to Government Code §54956.9(d)(2) One (1) potential case B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code §54957(b) Title: City Manager C. Conference with Labor Negotiators pursuant to Government Code §54957.6 City Negotiator(s): City Attorney Employee Organization(s): Unrepresented City Manager City Negotiator(s): City Manager Employee Organization(s): Unrepresented Executive Management ADJOURNMENT Mayor Kalmick adjourned the Closed Session meeting at 7:00 p.m. Gloria D. Harper, City Clerk City of Seal Beach Approved: Joe Kalmick, Mayor 6 2 1 1 Attested: Gloria D. Harper, City Clerk Seal Beach, California August 9, 2021 The City Council met in Regular Session at 7:10 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 Barry Curtis, Interim Director of Community Development Kelly Telford, Director of Finance/City Treasurer Gloria D. Harper, City Clerk Dana Engstrom, Deputy City Clerk Ron Roberts, Orange County Fire Authority, Division Chief APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES Mayor Kalmick pulled Item E from the Consent Calendar for separate consideration. City Clerk Harper announced that five (5) 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 Sustarsic moved, second by Council Member Massa-Lavitt, to approve the agenda. City Clerk Harper took a roll call vote to approve the agenda. AYES: Kalmick, Moore, Sustarsic, Massa-Lavitt NOES: None ABSENT: Varipapa ABSTAIN: None Motion carried Mayor Pro Tem Varipapa joined the meeting at 7:15 P.M. PRESENTATIONS / RECOGNITIONS COVID-19 Funding Update 6 2 0 7 ORAL COMMUNICATIONS Mayor Kalmick opened oral communications. City Clerk Harper announced that one (1) emailed comment was received and distributed to Council via email and uploaded to the City’s website. 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 items posted on the agenda and indicated that the City Council took no reportable action. CITY MANAGER REPORT City Manager Ingram had no comments. COUNCIL COMMENTS Council Member Moore had no comments. Council Member Sustarsic indicated that she attended a Regional Military Affairs Committee meeting where Orange County Fire Authority Battalion Chief Ron Roberts provided information on firefighting helicopters. Additionally, she reported that JFTB released an environmental assessment for their Solar Energy Project, and indicated that a copy can be viewed at the Rossmoor/Los Alamitos Library or the Mary Wilson Library. Mayor Pro Tem Varipapa thanked staff for the pavement striping around McGaugh Elementary School, fixing pot holes, and all the landscaping around town. He reminded everyone that school is back in session on August 16th and to drive responsibly. Council Member Massa-Lavitt provided an Orange County Sanitation District update and was pleased to report that they were recently audited, everything looks good, and all regulations were followed. Additionally, she indicated that the sewer lines being installed on Westminster Avenue are near completion. She attended an Orange County Vector Control District meeting and indicated they are busy, noting there was a West Nile virus incident in Garden Grove. She noted that it is an active mosquito season so be careful of standing water in your surroundings and report any sightings to the Orange County Vector Control District for investigation. Mayor Kalmick announced that the City is very close to having approval for the Sand Replenishment Project in Surfside. He attended a Mayor’s conference call where Senate Bill 9 and Senate Bill 10 were discussed. Mayor Kalmick announced that the City is ready to begin accepting applications for the initial five member board of the Historic Resources Foundation. Applications can be located on the City’s website at www.sealbeachca.gov and are due to the City Clerk’s office by August 27, 2021. COUNCIL ITEMS There were no Council Items. 6 2 0 7 CONSENT CALENDAR Council Member Massa-Lavitt moved, second by Council Member Moore, to approve the recommended actions on the consent calendar with exception of Item E. A. Approval of the July 26, 2021 City Council Minutes - That the City Council approve the minutes of the Regular City Council meeting held on July 26, 2021. B. Demands on City Treasury (Fiscal Year 2022) – August 9, 2021 - Ratification. C. Report of City Manager and Department Heads Authorized Contracts - That the City Council receive and file the report. D. Second Reading and Adoption of Ordinance 1690 - That the City Council adopt Ordinance 1690 titled "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.” E. Second Reading and Adoption of Ordinance 1691 - That the City Council adopt Ordinance 1691 titled "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 the City Beach Parking Lots.” F. Accepting a Grant of Permanent Easement and Approving a Temporary Construction Easement Agreement with Old Ranch Country Club, LLC - That the City Council: 1. Adopt Resolution 7186 accepting the Grant of Permanent Easement from Old Ranch Country Club, LLC; and, 2. Adopt Resolution 7187 approving a Temporary Construction Easement Agreement with Old Ranch Country Club, LLC, and approving attorneys’ fee reimbursement to Old Ranch Country Club, LLC of up to $6,000. 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 E. Second Reading and Adoption of Ordinance 1691 - That the City Council adopt Ordinance 1691 titled "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 the City Beach Parking Lots.” Mayor Kalmick pulled this item for additional discussion. He proposed that warnings 6 2 0 7 rather than citations be issued for the rest of the calendar year. This information would then be documented and brought back to Council for discussion. He noted that a front license plate would still be required unless it is not a requirement of the state of residency; however, all others will be cited. There was consensus from the Council to revisit the issue in January 2022 to either revise the Ordinance or to keep the existing Ordinance, with additional, modified signage. No action was taken on this item. PUBLIC HEARING There were no public hearing items. UNFINISHED/CONTINUED BUSINESS G. Local Coastal Program – Land Use Plan, Coastal Commission Comments - That the City Council consider the five issue items identified in the staff report and provide feedback and further guidance to the Staff team. Interim Director of Community Development Curtis provided a comprehensive background on the staff report and introduced Noelle Steele from Michael Baker International who presented the details of the draft Local Coastal Program and addressed Council Member questions. Council Member Massa-Lavitt moved, second by Council Member Sustarsic, to approve the five issue items identified in the staff report and provide feedback and further guidance to the Staff team. 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 NEW BUSINESS There were no new business items. Study Session H. Vehicle Lease Replacement Director of Finance/City Treasurer Telford provided a comprehensive background on moving from a purchasing model to a vehicle lease replacement model specifically through Enterprise Fleet Management. Discussion included the challenges with replacement of the current fleet, buying versus leasing, and next steps. 6 2 0 7 Director of Finance/City Treasurer Telford introduced Phan Kaffka with Enterprise Fleet Management who discussed their analysis and observations of our fleet and the solutions their company can provide in helping the City address these challenges. Council Member questions were addressed. ADJOURNMENT Mayor Kalmick adjourned the City Council meeting at 9:14 p.m., to Monday, September 13, 2021, 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 Agenda Item E AGENDA STAFF REPORT DATE:September 13, 2021 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Patrick Gallegos, Assistant City Manager SUBJECT:Authorize Expenditures with Synoptek to Replace End of Life (EOL) Switches at the Police Department, City Hall and Public Works Yard ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7188 authorizing the City Manager to approve expenditures with Synoptek in the not-to exceed amount of $55,024.28 for the purchase and installation of new switches at the Police Department, City Hall and Public Works Yard. BACKGROUND AND ANALYSIS: In order to preserve the integrity of the City’s Information Technology (IT) infrastructure, the City solicited a proposal from Synoptek (the City’s IT provider) to replace End of Life (EOL) switches at the Police Department, City Hall and Public Works Yard. Additionally, the City solicited proposals for the purchase of the switches and necessary hardware. Switches are network hardware devices that allow communication between devices within the City of Seal Beach and are a critical part of the City’s IT infrastructure. Currently, the switches deployed at the Police Department, City Hall, and Public Works Yard are approaching their end of life. Once a device reaches its end of life, it will no longer be developed, supported, or maintained by the device manufacturer. Delaying the replacement of the EOL network switches would result in the following risks: Hardware Failure – City IT infrastructure will be crippled, and limited support will be provided by the manufacturer. Equipment replacement is not guaranteed, further prolonging down time. Security Updates – Firmware updates and support ends for these devices. As time progresses, the potential for security vulnerabilities increases. Page 2 1 0 7 0 In response to our bid solicitation for the purchase of hardware, the City received three bid proposals and identified Synoptek as the lowest bidder: Therefore, Synoptek will be purchasing the hardware and completing the installation for a total project cost of $55,024.28: 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: Funding for this project will come from the Citywide Technology - City Facilities Budget for Project BG2002. The available balance in this project is $308,700 and it is included in the Information Technology Replacement Internal Service Fund. 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 7188 authorizing the City Manager to approve expenditures with Synoptek in the not-to exceed amount of $55,024.28 Vendor: Proposal Amount: CDW LLC $ 64,006.43 Synnex Corporation $ 53,483.56 Synoptek $ 42,044.80 Synoptek Project Proposal Cost Hardware $ 42,044.80 Estimated Tax and Shipping $ 4,204.48 Installation $ 8,775.00 Total Project Costs $ 55,024.28 Page 3 1 0 7 0 for the purchase and installation of new switches at the Police Department, City Hall and Public Works Yard. SUBMITTED BY: NOTED AND APPROVED: Patrick Gallegos Jill R. Ingram Patrick Gallegos, Assistant City Manager Jill R. Ingram, City Manager Prepared by: Jennifer Robles, Management Analyst ATTACHMENTS: A. Resolution 7188 B. Synoptek Proposal RESOLUTION 7188 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING THE CITY MANAGER TO APPROVE EXPENDITURES WITH SYNOPTEK FOR THE INSTALLATION AND REPLACEMENT OF END OF LIFE (EOL) SWITCHES AT THE POLICE DEPARTMENT, CITY HALL AND PUBLIC WORKS YARD THE CITY COUNCIL HEREBY RESOLVES AS FOLLOWS: WHEREAS, The City has solicited a proposal from Synoptek, the City’s IT provider, to replace EOL switches at the Police Department, City Hall and Public Works Yard; and, WHEREAS, The City solicited proposals for the purchase of the hardware and identified Synoptek as the lowest bidder; and, WHEREAS, Switches are network hardware devices that allow communication between devices within the City of Seal Beach. These devices are a critical part of the City’s infrastructure; and, WHEREAS, Synoptek will be purchasing the hardware and completing the installation for a total project cost of $55,024.28. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: SECTION 1. Authorizing the City Manager to approve expenditures with Synoptek in the not-to exceed amount of $55,024.28 for the purchase and installation of new switches at the Police Department, City Hall and Public Works Yard. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of September, 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 7188 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of September, 2021. Gloria D. Harper, City Clerk EOL Switch Replacements (PD) FOR City of Seal Beach © Synoptek • April 28, 2021 • 19520 Jamboree Road #110 • Irvine, CA 92612 • 888.796.6783 CONTENTS 1.0 Executive Summary ................................................................................................................................... 1 2.0 Objectives .................................................................................................................................................. 2 Location ......................................................................................................................................................... 2 Time Frame ................................................................................................................................................... 2 3.0 Scope of Work ........................................................................................................................................... 2 4.0 Deliverables ............................................................................................................................................... 3 5.0 Customer Responsibilities ........................................................................................................................ 3 6.0 Assumptions .............................................................................................................................................. 3 7.0 Travel, Transportation, Meals, and Lodging ............................................................................................ 4 8.0 Prerequisites .............................................................................................................................................. 4 Security Clearance ......................................................................................................................................... 4 Physical Access ............................................................................................................................................. 4 Logical Access ............................................................................................................................................... 4 9.0 Out of Scope .............................................................................................................................................. 4 Change of Scope ........................................................................................................................................... 4 Work Outside of Engagement Locations ........................................................................................................ 4 Material Changes ........................................................................................................................................... 5 10.0 Procurement ............................................................................................................................................ 5 11.0 Contact Information ................................................................................................................................. 5 12.0 Pricing ...................................................................................................................................................... 5 Professional Services ..................................................................................................................................... 5 13.0 Project Delivery Schedule ....................................................................................................................... 6 14.0 Managed Services ................................................................................................................................... 6 15.0 Approval ................................................................................................................................................... 7 Synoptek P a g e | 1 of 7 Legal Notice: The information transmitted in this document is intended only for the addressee and may contain confidential and/or privileged material. Any interception, review, retransmission, dissemination, or other use of, or taking of any action upon this information by persons or entities other than the intended recipient is prohibited by law and may subject them to criminal or civil liability. 1.0 EXECUTIVE S UMMARY City of Seal Beach has engaged Synoptek to replace end of life switches at the PD location. As part of the project management and implementation methodology, Synoptek employs a three-phased approach to its project delivery strategy. These are the three phases of Synoptek’s approach: • Phase I – Planning, Analysis, and Design • Phase II – Environment Build and Preparation • Phase III – Documentation and Transition In addition, Synoptek incorporates Project Management throughout its project delivery. Our approach to project management is an internally developed combination of Project Management Institute (PMI) and Project Management Body of Knowledge (PMBOK) methodologies. The remainder of this document will detail the EOL Switch Replacements (PD). City of Seal Beach P a g e | 2 of 7 Legal Notice: The information transmitted in this document is intended only for the addressee and may contain confidential and/or privileged material. Any interception, review, retransmission, dissemination, or other use of, or taking of any action upon this information by persons or entities other than the intended recipient is prohibited by law and may subject them to criminal or civil liability. 2.0 O BJECTIVES LOCATION This proposal assumes that the work for this solution will be completed remotely. Any onsite visits to the client location deemed necessary during the project and will be coordinated on an as-needed basis. Travel time for any onsite visits will be billable against the project. TIME FRAME Engineering resources will be scheduled upon receipt of the signed order and based on resource availability. Synoptek’s standard project initiation period is two to three (2-3) weeks from receipt of signed order to a scheduled project kick off meeting and actual consultative engagement. 3.0 SCOPE OF WORK Phase I – Planning, Analysis, and Design 1. Create port mapping spreadsheet with switchport configuration 2. Create a test plan to validate a successful cutover Phase II – Environment Build & Preparation 1. Upgrade each switch firmware 2. Create switch stack with stacking cables 3. Configure the switch based upon the information gathered in the planning phase 4. Cutover existing stack with the new switch stack 5. Execute the test plan to validate the cutover Phase III – Documentation and Transition 1. Document all changes to the infrastructure 2. Transition information to the support team. Project Management 1. Project initiation and resource scheduling 2. Project kick off call 3. Weekly project status communication 4. Project closure City of Seal Beach P a g e | 3 of 7 Legal Notice: The information transmitted in this document is intended only for the addressee and may contain confidential and/or privileged material. Any interception, review, retransmission, dissemination, or other use of, or taking of any action upon this information by persons or entities other than the intended recipient is prohibited by law and may subject them to criminal or civil liability. 4 .0 DELIVERABLE S 1. Replace 4 switch stack and 3850 switches with 5 switch stack at PD. 5.0 CUSTOMER RESPONSIBILITIES 1. All licensing and procurement costs associated with this project are the responsibility of the customer. 2. Customer is responsible for 3rd party vendor communications and engagement if required 3. Customer is responsible as primary contact for end-user communications 4. The client will make available all required IT/IS personnel, as well as other personnel, deemed material to the success of the project referenced herein for the purposes of information-gathering, validation, and confirmation within the schedule defined during project kick-off. These personnel will be the client project sponsor(s). 5. The clients project sponsor(s) will participate in all status meetings and respond in a timely manner to project-related communication. Effective communication throughout the duration of the project engagement will be critical to the success of the project. 6. Unless otherwise stated or specified in this statement of work, all procurement including hardware, software, licensing, or on-going support agreements are the responsibility of the client. Any procurement required for the delivery of this statement of work, unless otherwise stated or specified, is the responsibility of the client. 7. Where physical access to the Client’s environment is required to perform the Project described herein, the Client is responsible for ensuring that the environment is clear of obstacles and conditions which might pose risk to the Project, personnel engaged in the Project, and equipment associated with the Project. Synoptek reserves the right to cease work on the Project until identified conditions of significant concern are adequately addressed. 6 .0 ASSUMPTIONS 1. Synoptek follows CDC best practices related to COVID-19, as well as applicable federal, state, and local restrictions. Unexpected impacts to the project schedule and/or delivery may be experienced for reasons including but not limited to resource availability, travel restrictions, quarantine, etc. Synoptek and customer shall promptly notify the other party in the event of any such impact. 2. Changes and modifications to policies, procedures, and technologies in use by the client made during the course of this engagement may not be considered applicable to or referenced within this engagement and may incur additional expense or cause delays. To the extent possible, Synoptek will call attention to such situations with as much advance warning as is reasonable. 3. The project effort will introduce change into the client’s IT environment. Synoptek will make every effort to call out any area of risk identified during the delivery of this project engagement. Should data migration be required as part of this project effort, Synoptek will take necessary precautions to minimize risk associated with the data migration. City of Seal Beach P a g e | 4 of 7 Legal Notice: The information transmitted in this document is intended only for the addressee and may contain confidential and/or privileged material. Any interception, review, retransmission, dissemination, or other use of, or taking of any action upon this information by persons or entities other than the intended recipient is prohibited by law and may subject them to criminal or civil liability. 7 .0 TRAVEL, TRANSPORTATION, MEALS, AND LODGING Where travel is required in the delivery of this project effort, the costs of travel including transportation, meals, lodging, and other relevant expenses will be added to the cost of the project. These expenses will be itemized in an invoice(s) and receipts provided upon request. Synoptek uses the U.S. General Services Administration guidelines as a baseline for estimating travel costs but actual costs will be invoiced. 8 .0 PREREQUISITES SECURITY CLEARANCE To expedite the work, Synoptek will work with City of Seal Beach to complete all needed administrative tasks required to have Synoptek engineers on site at the engagement location or securely connected to the client environment remotely. PHYSICAL ACCESS Client must provide all required physical access to Synoptek staff expedite the work. LOGICAL ACCESS Synoptek engineers may need login access to the network, server, or storage devices. Client will provide all required login rights. This includes usernames, passwords, and authentication tokens needed to log in with administrator (domain and local) privileges. 9 .0 OUT OF SCOPE CHANGE OF SCOPE Any variance from defined tasks as defined in the “Scope of Work” will result in a joint review to determine the impact to deliverables, project schedule and/or scope. WORK O UTSIDE OF ENGAGEMENT LOCATIONS No on-site work will be performed outside of the engagement locations previously defined unless otherwise communicated and approved. Additional locations may increase scope and would be governed by approved change order. City of Seal Beach P a g e | 5 of 7 Legal Notice: The information transmitted in this document is intended only for the addressee and may contain confidential and/or privileged material. Any interception, review, retransmission, dissemination, or other use of, or taking of any action upon this information by persons or entities other than the intended recipient is prohibited by law and may subject them to criminal or civil liability. MATERIAL CHANGES Any material changes to the Client’s computing architecture that requires a change to this document will result in a joint review to determine the impact to deliverables, project schedule and/or scope. 10.0 PROCUREMENT This document does not include any procurement of additional software or hardware required to complete this project by Synoptek. Should it be determined that hardware or software is needed, a recommendation or estimate can be provided. The following items are provided only as an estimate. SKU Procurement Description Quantity Unit Price Ext. Price See quote from procurement Total 0.00 Note: the procurement information above is purely informational and is not intended to be binding. An official Synoptek procurement quote will be provided which details the exact procurement costs to deliver this project. Additionally, procurement can always be provided by the client through their distribution channels. 1 1 .0 CONTACT INFORMATION The points of contact at Client are: Patrick Gallegos, Assistant City Manager The points of contact at Synoptek are: Stefan Laube, Client Advisory Paul Franco, Network Consultant 1 2 .0 PRICING PROFESSIONAL SERVICES The project is intended to be delivered during normal business hours at the amount shown below for a Professional Services engagement. This is priced on a time & materials basis based on the assumptions defined in Section 6 - Assumptions. Actual cost may vary the project requirement changes. Any variance from expected cost will be communicated as it becomes evident. City of Seal Beach P a g e | 6 of 7 Legal Notice: The information transmitted in this document is intended only for the addressee and may contain confidential and/or privileged material. Any interception, review, retransmission, dissemination, or other use of, or taking of any action upon this information by persons or entities other than the intended recipient is prohibited by law and may subject them to criminal or civil liability. Prioritization to enable an earlier completion date may result in a higher hourly rate. The project labor cost in this document is valid only for thirty (30) days from 4/28/2021 without authorization and approval from Synoptek Professional Services management. 1 3 .0 PROJECT DELIVERY SCHEDULE Project Scope and delivery schedule indicates the timeline for delivery of this project is estimated to complete in 6 weeks following the start of engineering activities. 1 4 .0 MANAGED SERVICES This proposal does not require additional Managed Services. If deemed necessary, a quote & Change Order will be submitted separately. Description Hours Rate Cost Professional Services Consultant Phase I - Planning, Analysis, and Design 4 $ 175.00 $ 700.00 Phase II - Build and Implementation 24 $ 175.00 $4,200.00 Phase III - Documentation and Transition to Support 2 $ 175.00 $ 350.00 Global Delivery Engineer 0 $ 50.00 $ 0.00 Project Coordination 6 $ 150.00 $ 900.00 Build Onboarding Engineer 4 $ 150.00 $ 600.00 TOTAL $ 6,750.00 City of Seal Beach P a g e | 7 of 7 Legal Notice: The information transmitted in this document is intended only for the addressee and may contain confidential and/or privileged material. Any interception, review, retransmission, dissemination, or other use of, or taking of any action upon this information by persons or entities other than the intended recipient is prohibited by law and may subject them to criminal or civil liability. 1 5 .0 APPROVAL Approved by: City of Seal Beach Signature: Accepted for: Synoptek, LLC Signature: Printed Name: Printed Name: Title: Title: Date: Date: BISG Statement of Work – Short Form Synoptek Business Infrastructure Solutions Group Page 1 of 3 Customer Name: City of Seal Beach Date 5/2/2021 Project Name EOL Switch Replacements (PW-CH) SOW Creator Paul Franco Requirements City of Seal Beach has engaged Synoptek to replace end of life switches at public works and city hall Scope of Work Phase I 1. Pre-configure the replacement switch including firmware upgrade and mapping out routing, vlan interface and switchports. 2. Note: The CH switch will be a new switch to replace what was supposed to be replaced on another SoW but higher priority needs reallocated that switch to lifeguard. The PW switch will be a Cisco 3850 that was replaced at PD. The 3850 still has life. Phase II 1. Coordinate with management a maintenance window to swap out the switches. 2. Test wired and wireless connectivity to the enterprise. Phase III 1. Update network diagrams 2. Transition new switches to support Deliverables 1. Replace EOL switches at CH and PW Assumptions and Customer Responsibilities 1. It is assumed that the PD switch stack replacement has been executed. 2. It is assumed that the original CH replacement switch was diverted to LG. 3. Synoptek follows CDC best practices related to COVID -19, as well as applicable federal, state, and local restrictions. Unexpected impacts to the project schedule and/or delivery may be experienced for reasons including but not limited to resource availability, travel restrictions, quarantine, etc. Synoptek and customer shall promptly notify the other party in the event of any such impact. 4. Engineering resources will be scheduled upon receipt of the signed order and based on resource availability. Synoptek’s standard project initiation period is two to three (2-3) weeks from receipt of signed order to a scheduled project kick off meeting and actual consultative engagement. 5. The project labor cost in this document is valid only for thirty (30) days from 5/2/2021 without authorization and approval from Synoptek Professional Services management. 6. Where travel is required in the delivery of this project effort, the costs of travel including transportation, meals, lodging, and other relevant expenses will be added to the cost of the project. 7. Synoptek engineers may need login access to the network, server, or storage devices. Client will provide all required login rights. 8. Any variance from defined tasks as defined in the “Scope of Work” will result in a joint review to determine the impact to deliverables, project schedule, scope, and costs. BISG Statement of Work – Short Form Synoptek Business Infrastructure Solutions Group Page 2 of 3 9. Some changes referenced within the context of this Project may require interaction with shared resources, requiring review by Synoptek's Change Management group. This is a process that protects Synoptek and the Client and may warrant additional attention, time, and functional resources. To the extent possible, the Professional Services Consultant will maintain transparency with the Client regarding this process. 10. The Client will make available all required IT/IS personnel, as well as other personnel, deemed material to the success of the project referenced herein for the purposes of information-gathering, validation, and confirmation within the schedule defined during project kick -off. These personnel will be the Client project sponsor(s). 11. The Client’s project sponsor(s) will participate in all status meetings and respond in a timely manner to project-related communication. Effective communication throughout the duration of the project engagement will be critical to the success of the project. 12. Changes and modifications to policies, procedures, and technologies in use by the Client made during this engagement may not be considered applicable to or referenced within this engagement and may incur additional expense or cause delays. To the extent possible, Synoptek will call attention to such situations with as much advance warning as is reasonable. 13. The project effort may introduce change into the Client’s IT environment. Synoptek will make every effort to call out any area of risk identified during the delivery of this project engagement. Should data migration be required as part of this project effort, Synoptek will take necessary precautions to minimize risk associated with the data migration. 14. Unless otherwise stated or specified in this statement of work, all procurement including hardware, software, licensing, or on-going support agreements are the responsibility of the Client. Any procurement required for the delivery of this statement of work, unless otherwise stated or specified, is the responsibility of the Client. 15. Synoptek will have full access to the environment and allow for adequate maintenance windows to conduct all cutover work. 16. This document does not include any changes to a Client’s Managed Services agreement with Synoptek. As the project progresses from start to completion, the eventual Managed Services requirements may change and any changes to an organization’s Managed Services will be governed by an official Change Order document presented at a later time. 17. This Statement of Work is subordinate to the terms and conditions provided in the mutually executed Managed Services Agreement (MSA) and/or Professional Services Agreement (PSA) between the two parties. Project Costs Item Description Hours Rate Cost Professional Services Engineer Phase I 4 $ 175.00 $ 700.00 Phase II 4 $ 175.00 $ 700.00 Phase III 1 $ 175.00 $ 175.00 Project Management 2 $ 150.00 $ 300.00 Build Onboarding Engineer 1 $ 150.00 $ 150.00 Total Cost: $ 2,025.00 BISG Statement of Work – Short Form Synoptek Business Infrastructure Solutions Group Page 3 of 3 Approvals Synoptek Approved Signature Name Title Date City of Seal Beach Approved Signature Name Title Date Authorizing Signature ______________________________________ Date ______________________________________ Quote Quote Number: 11466 Payment Terms: Expiration Date: 08/31/2021 Quote Prepared For Quote Prepared By Patrick Gallegos City of Seal Beach Accounts Payable 211 8th St Seal Beach, CA 90740 Phone:562-431-2527 pgallegos@sealbeachca.gov RONALD PM ROSENBERG Synoptek 3200 Douglas Blvd, Suite 350 Roseville, CA 95661 United States Phone: Fax:(916) 563-1408 rrosenberg@synoptek.com Item#Quantity Item Unit Price Adjusted Unit Price Extended Price One-Time Items 1)5 Cisco C9200L-48P-4X-E Cisco C9200L-48P-4X-E Quote 11466 For PD PO $3,416.61 $3,416.61 $17,083.05 2)5 Cisco C9200L-48P-4X-E - 3yr SMARTnet 8x5xNBD Cisco C9200L-48P-4X-E - 3yr SMARTnet 8x5xNBD Quote 11466 For PD PO $1,430.88 $1,430.88 $7,154.40 3)5 Cisco C9200L-48P-4X-E - Secondary Power Supply Cisco C9200L-48P-4X-E - Secondary Power Supply Quote 11466 For PD PO $1,479.11 $1,479.11 $7,395.55 4)5 Cisco C9200L-48P-4X-E - 3yr DNA Essentials Cisco C9200L-48P-4X-E - 3yr DNA Essentials Quote 11466 For PD PO $525.99 $525.99 $2,629.95 5)5 Cisco C9200L Stack Kit Cisco C9200L Stack Kit Quote 11466 For PD PO $616.30 $616.30 $3,081.50 6)1 F/S TBD Switch Shipping TBD Quote 11466 For PD PO $0.00 $0.00 $0.00 One-Time Total $37,344.45 This quote does not include tax and shipping. In the event Synoptek purchases any Product on behalf of Customer, and the Product cost is $50,000 or greater, Synoptek requires a 50% deposit from Customer before placing the order. Subtotal $37,344.45 Total Taxes $0.00 Total $37,344.45 THIS IS A QUOTE FOR APPROVAL TO PURCHASE ONLY. PAYMENT NOT DUE UNTIL INVOICED SEPERATELY. Restocking fee of up to 20% may apply on returned items. Additional training or Professional Services can be provided at our standard rates. Authorizing Signature ______________________________________ Date ______________________________________ Quote Quote Number: 11480 Payment Terms: Expiration Date: 08/31/2021 Quote Prepared For Quote Prepared By Patrick Gallegos City of Seal Beach Accounts Payable 211 8th St Seal Beach, CA 90740 Phone:562-431-2527 pgallegos@sealbeachca.gov RONALD PM ROSENBERG Synoptek 3200 Douglas Blvd, Suite 350 Roseville, CA 95661 United States Phone: Fax:(916) 563-1408 rrosenberg@synoptek.com Item#Quantity Item Unit Price Adjusted Unit Price Extended Price One-Time Items 1)1 Cisco C9200L-48P-4G-E Cisco C9200L-48P-4G-E Quote 11480 For PW-CH PO $2,347.62 $2,347.62 $2,347.62 2)1 Cisco C9200L-48P-4G-E - 3yr SMARTnet 24x7x4hr Cisco C9200L-48P-4G-E - 3yr SMARTnet 24x7x4hr Quote 11480 For PW-CH PO $1,826.74 $1,826.74 $1,826.74 3)1 Cisco C9200L-48P-4G-E - 3yr DNA Essentials Cisco C9200L-48P-4G-E - 3yr DNA Essentials Quote 11480 For PW-CH PO $525.99 $525.99 $525.99 4)1 F/S TBD Switch Shipping TBD Quote 11480 For PW-CH PO $0.00 $0.00 $0.00 One-Time Total $4,700.35 This quote does not include tax and shipping.Subtotal $4,700.35 Total Taxes $0.00 Total $4,700.35 THIS IS A QUOTE FOR APPROVAL TO PURCHASE ONLY. PAYMENT NOT DUE UNTIL INVOICED SEPERATELY. Restocking fee of up to 20% may apply on returned items. Additional training or Professional Services can be provided at our standard rates. Agenda Item F AGENDA STAFF REPORT DATE:September 13, 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 Between the County of Orange and the City of Seal Beach for Continued Use of the Countywide Mass Notification System, AlertOC ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7189: 1. Approving the Memorandum of Understanding with the County of Orange to allow the City of Seal Beach to continue using the countywide mass notification system, AlertOC; and, 2. Authorizing the City Manager to execute the Memorandum of Understanding. BACKGROUND AND ANALYSIS: AlertOC has been used since its inception in 2008 to contact hundreds of thousands of Orange County residents in times of an emergency. Public safety agencies have utilized AlertOC for a wide range of notifications including missing children, severe weather warnings, COVID-19 information, and evacuations. In 2008, the Orange County Board of Supervisors (Board) allowed for use of the AlertOC system regionally by approving a Memorandum of Understanding (MOU) with Orange County municipalities, including the City of Seal Beach, and public universities, which are responsible for protecting a resident population and maintaining a dedicated public safety answering point. The MOUs allow these entities to use the County's countywide mass notification system under their terms and conditions, along with any other vendor and provider agreements. The Board has since approved additional MOUs in 2013 and 2016 with these entities, including the City of Seal Beach, in order to extend the use of AlertOC. 1 0 8 2 The MOU between the City of Seal Beach and the County of Orange for use of the countywide mass notification system is for the term of July 1, 2021 through December 30, 2024. 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: 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. RECOMMENDATION: That the City Council adopt Resolution 7189: 1. Approving the Memorandum of Understanding with the County of Orange to allow the City of Seal Beach to continue using the countywide mass notification system, AlertOC; and, 2. Authorizing the City Manager to execute the Memorandum of Understanding. SUBMITTED BY: NOTED AND APPROVED: Philip L. Gonshak Jill R. Ingram Philip L. Gonshak, Chief of Police Jill R. Ingram, City Manager Prepared by: Brian Gray, Sergeant / Emergency Services Coordinator 1 0 8 2 ATTACHMENTS: A. Resolution 7189 B. Memorandum of Understanding C. Exhibit A - Subordinate Agreement MA-060-20010263 Everbridge D. Exhibit B – AlertOC Policy E. Exhibit C - Neighborhood-Call-Agreement F. Exhibit D – Individual User Agreement RESOLUTION 7189 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF ORANGE FOR ALERTOC WHEREAS, The City Council hereby approves the Memorandum of Understanding Between the County of Orange AND the City of Seal Beach; and, WHEREAS, AlertOC has been used since its inception in 2008 to contact hundreds of thousands of Orange County residents in times of an emergency. Public safety agencies have utilized AlertOC for a wide range of notifications including missing children, severe weather warnings, COVID-19 information, and evacuations; and, WHEREAS, A new Memorandum of Understanding is necessary for the term of July 1, 2021 through December 30, 2024. 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 13th day of September, 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 6 2 0 5 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 7189 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of September, 2021. Gloria D. Harper, City Clerk Page 1 of 5 MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF ORANGE AND PARTICIPANTS FOR USE OF COUNTYWIDE MASS NOTIFICATION SYSTEM This Memorandum of Understanding, hereinafter referred to as “MOU,” dated June 30, 2021, which date is stated for purposes of reference only, is entered into by and between the County of Orange, a political subdivision of the State of California, hereinafter referred to as “COUNTY,” and the undersigned municipalities, public universities and water agencies responsible for protecting a resident population and maintaining a dedicated public safety answering point (PSAP) within the County of Orange, hereinafter referred to individually as “PARTICIPANT” or collectively as “PARTICIPANTS.” This MOU is intended to establish governance and terms of use for a Countywide Public Mass Notification System. RECITALS WHEREAS, COUNTY is sponsoring a Countywide Public Mass Notification System (“System”) for the primary intent of providing timely communication to the public during times of emergency; and WHEREAS, the County is making use of the System available to all cities and agencies within the County of Orange who have the responsibility for protecting a resident population and maintaining a dedicated public safety answering point (PSAP); and WHEREAS, COUNTY entered into Orange County Agreement No. MA-060-20010263 (“Agreement”) with Everbridge, Inc., for the provision of Public Mass Notification System Services, on or about December 31, 2019 attached hereto as Exhibit A, to disseminate critical, time-sensitive emergency information to COUNTY’s citizens and businesses through phone and e-mail devices for emergency notification purposes; and WHEREAS, COUNTY agrees to provide to PARTICIPANTS access to the services provided by Everbridge, Inc. as contained in the Agreement in exchange for abiding by the terms set forth in this MOU; and WHEREAS, PARTICIPANTS agree to uphold the same terms and conditions of the Agreement, to use the System in compliance with all usage agreements, including but not limited to the End User License Agreement, identified and incorporated herein as Exhibit A (Orange County Agreement No. MA-060-20010263, Exhibit B (Countywide Public Mass Notification System Policy and Guideline), and Exhibit C (Nondisclosure Document), and the terms of this MOU to receive the benefits under the Agreement NOW, THEREFORE, the parties agree as follows: Page 2 of 5 I. Definitions: “Agreement” shall refer to Orange County Agreement No. MA-060-20010263 between COUNTY and Everbridge, Inc. . “Countywide” shall mean all geographic locations in Orange County, California. “Contact information” shall mean PARTICIPANT and public contact data stored in the System for the purpose of disseminating communication in accordance with this MOU and its Exhibits. “Confidential Information” shall include but not be limited to personal identifying information about an individual such as address, phone number, Social Security number, or any other identifier protected from disclosure by law, and/or any other information otherwise protected from disclosure by law, for example, the identity of a victim of a sex crime or a juvenile. “Emergency” shall include, but not be limited to, instances of fire, flood, storm, epidemic, riots, or disease that threaten the safety and welfare of the citizens and property located within the boundaries of the COUNTY and PARTICIPANTS’ respective jurisdictions. “Emergency information” shall mean information relevant to the safety and welfare of recipients in the event of an Emergency. Such information shall include but not be limited to instructions and directions to alleviate or avoid the impact of an emergency. “Emergency notification situation” shall mean instances when emergency information is to be distributed through the System. “Individual User” shall mean an agent, officer, employee or representative of PARTICIPANT that has been granted access to the System as set forth in this MOU. “Non-emergency information” shall refer to information that is not relevant to the safety and welfare of recipients, but has been deemed to be of significant importance to a PARTICIPANT’s jurisdiction to justify the use of the System to distribute such information. “Non-emergency notification situation” shall mean instances when a PARTICIPANT deems non-emergency information to be of significance to a PARTICIPANT’S jurisdiction and the PARTICIPANT uses the System to distribute such information. “System” shall mean the Public Mass Notification System as provided by Everbridge, Inc. to COUNTY under the Agreement. The System is designed to disseminate information by utilizing common communications, i.e. telephone and e-mail communications to citizens and businesses as permitted under the Agreement. Page 3 of 5 Hold Harmless: PARTICIPANT will defend, indemnify and save harmless COUNTY, its elected officials, officers, agents, employees, volunteers and those special districts and agencies which COUNTY's Board of Supervisors acts as the governing Board ("COUNTY INDEMNITEES") from and against any and all claims, demands, losses, damages, expenses or liabilities of any kind or nature which COUNTY, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damages to property as a result of, or arising out of the acts, errors or omissions of PARTICIPANT, its officers, agents, employees, subtenants, invitees, licensees, or contracted vendors. COUNTY will defend, indemnify and save harmless PARTICIPANT, its officers, agents, employees and volunteers from and against any and all claims, demands, losses, damages, expenses or liabilities of any kind or nature which PARTICIPANT, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damages to property as a result of, or arising out of the acts, errors or omissions of COUNTY, its officers, agents, employees, subtenants, invitees, licensees, or contracted vendors. III. Term: This MOU shall be in effect from July 1, 2021 and shall expire on December 30, 2024 unless COUNTY funding of the System becomes unavailable at which time PARTICIPANTS will be given six-month advance notice per the termination terms found in Paragraph IX. Termination, below. IV. Scope of Services: PARTICIPANTS shall receive from COUNTY access to the same services being provided by Everbridge, Inc. to the COUNTY under the Agreement. COUNTY’s involvement in this MOU is limited only to extending the availability of the terms and conditions of the Agreement to the PARTICIPANTS. V. Use: Use of the System and its data, including but not limited to contact information, is governed by the terms, conditions and restrictions set forth in the terms provided in Exhibit A, B, C, and D. All PARTICIPANTS agree to the terms and conditions contained in Exhibits A, B, C, and D. COUNTY retains the right to update Exhibits A, B, C, and D as needed, in whole or in part, during the life of this MOU. Any and all revised Exhibits will be distributed to PARTICIPANTS within five business days of the revision date and shall be incorporated into this MOU. Such modifications to the Exhibits shall not be deemed an amendment for the purposes of Paragraph X. Amendments, below. PARTICIPANT, including each of its agents, officers, employees, and representatives who are given access to the System, agrees to abide by the individual terms of each agreement and the additional conditions incorporated herein. Breach of use may result in individual user or PARTICIPANT access account termination. PARTICIPANT agrees to require each Individual User to execute an Individual User Agreement (Exhibit D) regarding their obligations to maintain the confidentiality of login and password information; ensure that they will use the System in accordance with all applicable laws and regulations, including those relating to use of personal information; that they may be responsible for any breach of the terms of the Agreement with Page 4 of 5 Everbridge and/or this MOU; and the confidentiality provisions of this MOU. PARTICIPANT further agrees to provide a copy of the signed Individual User Agreement to COUNTY and notify COUNTY, in writing, if an individual user withdraws their consent to the Individual User Agreement at anytime during the term of this MOU. The scope of services under the Agreement is limited to using the System to distribute business communication to PARTICIPANT inter-departmental resources and/or emergency information to the public in emergency notification situations. All PARTICIPANTS have read and accept the terms and conditions found in COUNTY’s “Countywide Public Mass Notification System Policy and Guideline (June 30, 2008)”, attached hereto as Exhibit B. VI. Notice: Any notice or notices required or permitted to be given pursuant to this MOU shall be submitted in writing and delivered in person, via electronic mail or via United States mail as follows: COUNTY: County of Orange – Sheriff-Coroner Department Emergency Management Division Attn: Director of Emergency Management 2644 Santiago Canyon Road Silverado, CA 92676 PARTICIPANTS: Each PARTICIPANT shall provide to COUNTY a contact person and notice information upon entering into this MOU. Each PARTICIPANT shall notify COUNTY if there is an updated contact person. Notice shall be considered tendered at the time it is received by the intended recipient. VII. Confidentiality: Each party agrees to maintain the confidentiality of confidential records and information to which they have access a result of their use of the System and pursuant to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term of this MOU. All information and use of the System shall be in compliance with California Public Utilities Code section 2872. No party shall post confidential information as part of a mass notification unless the law allows such information to be released. VIII. Termination: The COUNTY or any PARTICIPANT may terminate its participation in this MOU at any time for any reason whatsoever. If any PARTICIPANT chooses to terminate its participation in this MOU, the terminating PARTICIPANT shall provide written notification in accordance with Paragraph VII. Notice, above. Such notice shall be delivered to the COUNTY 30 days prior to the determined termination date. A terminating PARTICIPANT shall uphold the obligations contained in Paragraph II. Hold Harmless, in its entirety and Paragraph VIII. Confidentiality, above. Upon termination, PARTICIPANT agrees to inform each PARTICIPANT user to stop using the System and Page 5 of 5 to relinquish all System access, user accounts, passwords and non-PARTICIPANT data to COUNTY immediately. PARTICIPANT may choose to delete and/or export non- public PARTICIPANT (aka inter-departmental) owned contact information, as well as, export resident provided contact information prior to termination. Resident provided contact information acquired through PARTICIPANT sources shall remain in the System and available to the County for regional or multi-jurisdictional notification use as needed. Should COUNTY discontinue its funding for the System, which shall be grounds for COUNTY’s termination of its participation, COUNTY shall give PARTICIPANTS one month advance courtesy notice prior to terminating the Agreement. All other reasons for terminating by COUNTY shall be valid upon providing notice to the PARTICIPANTS. Upon termination by COUNTY, this MOU shall no longer be in effect. Termination by a PARTICIPANT shall not be deemed an amendment to this MOU as defined in Paragraph X. Amendments, below. IX. Amendments: This MOU may be amended only by mutual written consent of the parties involved unless otherwise provided for in this MOU. The modifications shall have no force and effect unless such modifications are in writing and signed by an authorized representative of each party. Termination by a PARTICIPANT or adding a new PARTICIPANT to this MOU shall not be deemed an amendment. IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding to be executed by their duly authorized representatives as of the dates opposite the signatures. COUNTY OF ORANGE By: ___________________________________ Date: _________________ Don Barnes, Sheriff-Coroner County of Orange By: ___________________________________ Date: _________________ Wendy Phillips, County Council County of Orange PARTICIPANT: __________________________________________ By: __________________________________ Date: _________________ Authorized Signature ___________________________________ Print Name and Title Wendy Phillips (May 21, 2021 08:43 PDT)May 21, 2021 1_MOU Alert OC Mass Notification Final Draft (Reviewed by COCO) Final Audit Report 2021-05-21 Created:2021-05-21 By:Janell Harriman (jharriman@ocsd.org) Status:Signed Transaction ID:CBJCHBCAABAAlV5WZcUzTZoGZeuqwnr97kt_1qN8JVox "1_MOU Alert OC Mass Notification Final Draft (Reviewed by C OCO)" History Document created by Janell Harriman (jharriman@ocsd.org) 2021-05-21 - 3:29:12 PM GMT- IP address: 12.24.53.132 Document emailed to Wendy Phillips (wendy.phillips@coco.ocgov.com) for signature 2021-05-21 - 3:30:32 PM GMT Email viewed by Wendy Phillips (wendy.phillips@coco.ocgov.com) 2021-05-21 - 3:31:18 PM GMT- IP address: 206.194.127.242 Document e-signed by Wendy Phillips (wendy.phillips@coco.ocgov.com) Signature Date: 2021-05-21 - 3:43:11 PM GMT - Time Source: server- IP address: 206.194.127.242 Agreement completed. 2021-05-21 - 3:43:11 PM GMT County of Orange MA-060-20010263 File No. C021209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 1 of 40 County of Orange Subordinate Contract # MA-060-20010263 with Everbridge, Inc., for a Public Mass Notification System (PMNS) This Subordinate Contract MA-060-20010263 for a Public Mass Notification System (PMNS) (hereinafter referred to as “Contract”) is made and entered into upon execution of all necessary signatures between Everbridge, Inc., having its principal place of business at 155 N. Lake Ave., Suite 900, Pasadena, CA 91101 (referred as “Contractor”), and the County of Orange, operating through its Sheriff-Coroner Department, a political subdivision of the State of California, with a place of business at 320 N. Flower St., Suite 108, Santa Ana, CA 92703 (hereinafter referred to as “County”), which are sometimes individually referred to as “Party” or collectively as “Parties”. ATTACHMENTS This Contract is comprised of this document and the following Attachments, which are attached hereto and incorporated herein as though set forth in full: Attachment A – California Multiple Award Schedule (CMAS) Contract 3-12-70-2909A, Supplemental No. 1 and Amendment No. 2 Attachment B – Scope of Services Attachment C – Compensation and Pricing Provisions Attachment D – Everbridge Technical Support Services Guide (November 14, 2018 Update) Attachment E – Functional Requirements RECITALS WHEREAS, the State of California has issued California Multiple Award Schedule (“CMAS”) Contract No. 3-12-70-2909A (“CMAS Contract”) for provision of a Public Mass Notification System (PMNS) by Contractor, which per its most recent renewal is set to expire on July 18, 2024; and WHEREAS, the County requires a PMNS, and the Contractor has represented that its proposed PMNS shall meet or exceed the County’s requirements; and WHEREAS, County and Contractor desire to enter into a Contract for Contractor to provide a PMNS under the CMAS Contract, attached hereto as Attachment A, and as further set forth in the Scope of Work, attached hereto as Attachment B; and WHEREAS, County agrees to pay Contractor based on the schedule of fees set forth in Compensation and Pricing Provision, attached hereto as Attachment C; and WHEREAS, the County Board of Supervisors has authorized the Purchasing Agent or designee to enter into a Contract for a PMNS with the Contractor; NOW, THEREFORE, the Parties mutually agree as follows: County of Orange MA-060-20010263 File No. C021209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 2 of 40 DEFINITIONS Administrator: Government official, employee or agency responsible for the day-to-day responsibility and oversight for the mass notification system, including design, development, coordination, implementation, monitoring and evaluation. Application program interface (API): A set of functions and procedures allowing the creation of applications that access the features or data of an operating system, application, or other service. Coding Accuracy Support System (CASS): Coding Accuracy Support System (CASS) is a certification system from the United States Postal Service (USPS) for address validation. Critical Infrastructure Information (CII): Those systems that are so vital to a nation that their incapacity or destruction would have a debilitating effect on national security, the economy, or public health and safety. Cyber-protection: The prevention of damage to, unauthorized use of, or exploitation of, and, if needed, the restoration of electronic information and communications systems and the i nformation contained therein to ensure confidentiality, integrity, and availability. Includes protection and restoration, when needed, of information networks and wireline, wireless, satellite, public safety answering points, and 911 communications systems and control systems. Data: Any information, algorithms, or other content that the County, the County’s employees, agents and end users upload, create or modify using the goods/services pursuant to this Contract, including but not limited to email addresses, telephone numbers, and geo-coded E911 data. Data also includes user identification information and metadata which may contain Data or from which the County’s Data may be ascertainable. Personal Data shall include personal information, as defined by Civil Code Section 1798.3. Data Breach: Any access, destruction, loss, theft, use, modification or disclosure of Data by an unauthorized party or that is in violation of Contract terms and/or applicable state or federal law. Deliverable: Tangible and intangible information, material, services, or goods that must be provided to the County under the terms of the Contract. Documentation: The term “Documentation” shall mean, with respect to any particular items: (i) all of the written, printed, electronic, or otherwise formatted materials that relate to such items, or any component thereof; (ii) all user, operator, system administration, technical, training, support, and other manuals and all other written, printed, electronic, or other format materials that represent, demonstrate, explain or describe the functional, operational or performance capabilities of such items; and (iii) all specifications, materials, flow charts, notes, outlines, manuscripts, writings, pictorial or graphical materials, schematics, and other documents that represent, demonstrate, explain or describe such items. ESRI mapping: (Environmental Systems Research Institute) is an international supplier of geographic information system (GIS) software, web GIS and geodatabase management applications. Failure modes: A failure mode is a cause of failure or one possible way a system can fail. When a system has many potential ways of failing, it has multiple failure modes or competing risks. Geo-coding: Provide geographical coordinates corresponding to (a location). Geo-targeting/targeted: The practice of delivering content to a user based on his or her geographic location. Human Error: Any action or inaction on the part of a Contractor’s employee or agent that prevents the accomplishment of the goods’/services’ intended functions and the services specified in the Scope of Work. IPAWS: FEMA's Integrated Public Alert and Warning System (IPAWS) is an internet -based capability that federal, state, local, tribal, and territorial authorities can use t o issue critical public alerts and warnings. Notification: A communication distributed to the public and internal responders/relevant personnel that contains important, timely, accurate, and accessible information regarding an actual or potential County of Orange MA-060-20010263 File No. C021209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 3 of 40 emergency or incident, including the cause, size and current situation thereof; resources committed and response status of the emergency management organization; and other matters of general interest to the public, responders, and additional stakeholders (both directly affected and indirectly affected). Categories of notification may include: update, alert, advisory, activation, watch or warning. Registrant: Member of the public who is enrolled or enrolling in the system. Security incidents: The potentially unauthorized access to Personal Data or Non-Public Data the Contractor believes could reasonably result in the use, disclosure or theft of the County’s unencrypted Personal Data or Non-Public Data within the possession or control of the Contractor. A Security Incident may or may not turn into a Data Breach. State of California and/or State: As used in Attachment A (CMAS Contract), “State of California” and “State” shall mean the County, its employees and authorized agents and representatives. System: Automated computerized mass notification system for emergency public and internal responder/relevant personnel notifications, including via cell phone, email, and text. Technical Failure: A malfunction in the vendor’s hardware or software which prevents the accomplishment of the services specified in the Scope of Work. A malfunction of the hardware prevents the accomplishment of the hardware’s intended functions and services specified in the Scope of Work. A malfunction of the software prevents the accomplishment of intended services even though the hardware may be functioning properly. Technical failures include, but are not limited to, an improper or incomplete conversion or upgrade of the hardware or software. User: Government employee or affiliated volunteer who has the ability to log-in to the system for administrative purposes (e.g., maintaining contact lists, sending notifications, monitoring notification results, etc.). Includes employees and contractors of other public entities who are authorized by the County to access the system pursuant to a Memorandum of Understanding between the County and those public entities. WEA/EAS: Wireless Emergency Alerts/Emergency Alert System. ARTICLES 1. Scope of Contract: The terms and conditions of this Contract, including those in its Attachments, specify the terms and conditions by which the County will procure services in connection with the CMAS Contract from the Contractor, hereinafter referred to as “PMNS” or “Services,” as more fully detailed in Attachment B, Scope of Work. 2. Precedence: In the event of a conflict between the terms and conditions in this Contract and terms and conditions in the Attachments, the conflict shall be resolved by giving precedence first to the terms and conditions of this Contract, then the terms and conditions of any Attachments. In the event of a conflict between the language of any Attachments, precedence shall be given in the following order: a. This Contract b. Attachment B (Scope of Work) c. Attachment E (Functional Requirements) d. Attachment C (Compensation and Pricing Provisions) e. Attachment A (CMAS Contract) f. Attachment D (Everbridge Technical Support Services Guide). 3. Term of Contract: This Contract shall commence December 31, 2019, and shall be effective through and including December 30, 2020, unless otherwise terminated by County. Contract may be renewed for up to four (4) additional one-year terms, upon mutual agreement of both Parties and upon successful renewal of the CMAS Contract No. 3-12-70-2909A. Each renewal of this Contract County of Orange MA-060-20010263 File No. C021209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 4 of 40 may require approval by the County Board of Supervisors. The County does not have to give a reason if it elects not to renew. 4. Taxes: Unless otherwise provided herein or by law, price quoted does not include California state sales or use tax. Out-of-state Contractors shall indicate California Board of Equalization permit number and sales permit number on invoices, if California sales tax is added and collectable. If no permit numbers are shown, sales tax will be deducted from payment. The Auditor -Controller will then pay use tax directly to the State of California in lieu of payment of sales tax to the Contractor. 5. Contingency of Funds: Contractor acknowledges that funding or portions of funding for this Contract may be contingent upon state budget approval; receipt of funds from, and/or obligation of funds by, the state of California to County; and inclusion of sufficient fun ding for the services hereunder in the budget approved by County’s Board of Supervisors for each fiscal year covered by this Contract. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, County may immediately terminate or modify this Contract without penalty. 6. Termination: In addition to any other remedies or rights it may have by law, County has the right to immediately terminate this Contract without penalty for cause or after 30 days’ written notice without cause, unless otherwise specified. Cause shall be defined as any material breach of contract, any misrepresentation or fraud on the part of the Contractor. Exercise by County of its right to terminate the Contract shall relieve County of all further obligation. 7. Governing Law and Venue: This Contract 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. In the event of any legal action to enforce or interpret this Contract, 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. 8. Notices: Any and all notices, requests demands and other communications contemplated, called for, permitted, or required to be given hereunder shall be in writing with a copy provided to the assigned Deputy Purchasing Agent (DPA), except through the course of the parties’ project managers’ routine exchange of information and cooperation during the terms of the work and services. Any written communications shall be deemed to have been duly given upon actual in - person delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four (4) calendar days after being mailed by US certified or registered mail, return receipt requested, postage prepaid, whichever occurs first. The date of mailing sha ll count as the first day. All communications shall be addressed to the appropriate party at the address stated herein or such other address as the parties hereto may designate by written notice from time to time in the manner aforesaid. Contractor: Everbridge, Inc. 155 N. Lake Ave., Suite 900 Pasadena, CA 91101 Attn: Joanna Burlison Ph: 888-366-4911 Joanna.burlison@everbridge.com County: Sheriff-Coroner Department/Emergency Management Division 2644 Santiago Canyon Rd. County of Orange MA-060-20010263 File No. C021209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 5 of 40 Silverado, CA 92676 Attn: Michelle Anderson Ph: 714-628-7158 MAnderson@ocsd.org Assigned DPA: County of Orange Sheriff-Coroner Department/Purchasing Services Unit 320 N. Flower Street, 2nd Floor Santa Ana, CA 92703 Attn: Maria Ayala, Procurement Contract Specialist Ph: 714-834-6360 Mayala@ocsd.org 9. Insurance Provisions: Prior to the provision of services under this Contract, the Contractor agrees to purchase all required insurance at Contractor’s expense, including all endorsements required herein, necessary to satisfy the County that the insurance provisions of this Contract have been complied with. Contractor agrees to keep such insurance coverage, Certificates of Insurance, and endorsements on deposit with the County during the entire term of this Contract. In addition, all subcontractors performing work on behalf of Contractor pursuant to this Contract shall obtain insurance subject to the same terms and conditions as set forth herein for Contractor. Contractor shall ensure that all subcontractors performing work on behalf of Contractor pursuant to this Contract shall be covered under Contractor’s insurance as an Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for Contractor. Contractor shall not allow subcontractors to work if subcontractors have less than the level of coverage required by County from Contractor under this Contract. It is the obligation of Contractor to provide notice of the 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 Contract for inspection by County representative(s) at any reasonable time. All self-insured retentions (SIRs) shall be clearly stated on the Certificate of Insurance. Any self- insured retention (SIR) in an amount in excess of Fifty Thousand Dollars ($50,000) shall specifically be approved by the County’s Risk Manager, or designee, upon review of Contractor’s current audited financial report. If Contractor’s SIR is approved, Contractor, in addition to, and without limitation of, any other indemnity provision(s) in this Contract, agrees to all of the following: 1) In addition to the duty to indemnify and hold the County harmless against any and all liability, claim, demand or suit resulting from Contractor’s, its agents, employee’s or subcontractor’s performance of this Contract, Contractor shall defend the County at its sole cost and expense with counsel approved by Board of Supervisors against same; and 2) Contractor’s duty to defend, as stated above, shall be absolute and irrespective of any duty to indemnify or hold harmless; and 3) The provisions of California Civil Code Section 2860 shall apply to any and all actions to which the duty to defend stated above applies, and the Contractor’s SIR provision shall be interpreted as though the Contractor was an insurer and the County was the insured. County of Orange MA-060-20010263 File No. C021209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 6 of 40 If the Contractor fails to maintain insurance acceptable to the County for the full term of this Contract, the County may terminate this Contract. Qualified Insurer The policy or policies of insurance must be issued by an insurer with a minimum rating of A - (Secure A.M. Best's Rating) and VIII (Financial Size Category as determined by the most current edition of the Best's Key Rating Guide/Property-Casualty/United States or ambest.com). It is preferred, but not mandatory, that the insurer be licensed to do business in the state of California (California Admitted Carrier). If the insurance carrier does not have an A.M. Best Rating of A-/VIII, the CEO/Office of Risk Management retains the right to approve or reject a carrier after a review of the company's performance and financial ratings. The policy or policies of insurance maintained by the Contractor shall provide the minimum limits and coverage as set forth below: Coverage Minimum Limits Commercial General Liability $1,000,000 per occurrence $2,000,000 aggregate Automobile Liability including coverage $1,000,000 per occurrence for owned, non-owned and hired vehicles Workers Compensation Statutory Employers Liability Insurance $1,000,000 per occurrence Network Security & Privacy $1,000,000 per claims-made Liability Technology Errors & Omissions $1,000,000 per claims-made $1,000,000 aggregate Required Coverage Forms The Commercial General Liability coverage shall be written on Insurance Services Office (ISO) form CG 00 01, or a substitute form providing liability coverage at least as broad. The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 0012, CA 00 20, or a substitute form providing coverage at least as broad. Required Endorsements The Commercial General Liability policy shall contain the following endorsements, which shall accompany the Certificate of Insurance: 1) An Additional Insured endorsement using ISO form CG 20 26 04 13 or a form at least as broad naming the County of Orange its elected and appointed officials, officers, agents and County of Orange MA-060-20010263 File No. C021209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 7 of 40 employees as Additional Insured’s, or provide blanket coverage, which will state AS REQUIRED BY WRITTEN CONTRACT.. 2) A primary non-contributing endorsement using ISO form CG 20 01 04 13, or a form at least as broad evidencing that the Contractor’s insurance is primary and any insurance or self - insurance maintained by the County of Orange shall be excess and non-contributing. The Network Security and Privacy Liability policy shall contain the following endorsements which shall accompany the Certificate of Insurance: 1) An Additional Insured endorsement naming the County of Orange, its elected and appointed officials, officers, agents and employees as Additional Insured’s for its vicarious liability. 2) A primary and non-contributing endorsement evidencing that the Contractor’s insurance is primary and any insurance or self-insurance maintained by the County of Orange shall be excess and non-contributing. 3) 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. All insurance policies required by this Contract 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. 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 Contract. If Contractor’s Technology Errors & Omissions and/or Network Security & Privacy Liability are “Claims-Made” policy(ies), Contractor shall agree to maintain coverage for two (2) years following the completion of the Contract. The Commercial General Liability policy shall contain a severability of interest’s clause also known as a “separation of insured’s” clause (standard in the ISO CG 0001 policy). Insurance certificates should be forwarded to the agency/department address listed on the solicitation. If the Contractor fails to provide the insurance certificates and endorsements within seven (7) days of notification by CEO/Purchasing or the agency/department purchasing division, award may be made to the next qualified vendor. 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 Contract. Any increase or decrease in insurance will be as deemed by County of Orange Risk Manager as appropriate to adequately protect County. 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 County of Orange MA-060-20010263 File No. C021209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 8 of 40 incorporating such changes within thirty (30) days of receipt of such notice, thi s Contract may be in breach without further notice to Contractor, and County shall be entitled to all legal remedies. 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 Contract, nor act in any way to reduce the policy coverage and limits available from the insurer. 10. Indemnification: To the fullest extent permitted by law, Contractor agrees to indemnify, defend with counsel approved in writing by County, and hold County, its 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, costs (including without limitation reasonable attorneys’ fees, court costs, alternative dispute resolution costs, associated investigation and administrative expenses), damages, fines, judgments, losses, or liability of any kind or nature, including but not limited to personal injury, death, or property damage, arising from or related to the services, products or other performance provided by Contractor or any of its affiliates, agents, subcontractors, employees, suppliers, or laborers furnishing or supplying work, services, materials, or supplies in connection with the performance of this Contract. 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 will be apportioned as determined by the court. Neither party shall request a jury apportionment. 11. Security Requirements: A. Contractor shall, with respect to all employees of Contractor performing services hereunder: 1. Perform background checks as to past employment history. 2. Inquire as to past criminal felony convictions. 3. Ascertain that those employees who are required to drive in the course of performing services hereunder have valid California driver’s licenses and no DUI convictions within two (2) years prior to commencement of services hereunder. 4. Perform drug screening to determine that such employees are not users of illegal controlled substances as defined by federal law. B. Contractor shall not assign to County property any Contractor personnel as to whom the foregoing procedures indicate: 1. Inability or unwillingness to perform in a competent manner. 2. Past criminal convictions for theft, burglary or conduct causing property damage or mental or physical harm to persons. 3. Where such employee’s duties include driving a vehicle, absence of a valid California driver’s license or a DUI conviction within the prior two (2) years. 4. Usage of illegal controlled substances as defined by federal law. County of Orange MA-060-20010263 File No. C021209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 9 of 40 C. If any of the problems identified with respect to Contractor’s employees are discovered after assignment of an employee to County property, or if County otherwise reasonably deems an assigned employee unacceptable, Contractor shall remove and replace such employee at the County property. D. Nothing herein shall render any employee of Contractor an employee of County. THE CONTRACTOR’S PERSONNEL REQUIREMENTS: All employees must pass the County’s background check and meet all requirements as set forth below: 1. All personnel to be employed in performance of the work under this Contract shall be subject to security clearance. Clearance must be updated and renewed every twelve (12) months from original date of clearance. 2. No person, who is required to enter a secured facility of the Sheriff, shall be assigned to perform work under this contract that has not received prior clearance from the Sheriff-Coroner Department. 3. Within fifteen (15) days of the effective date of this Contract, Contractor shall prepare and submit a complete and accurate “Contractor Security Clearance” information form for all Contractor’s employee who will be working on or who will need access to the Sheriff-Coroner’s facilities to perform work covered by this Contract. County project manager shall provide form(s) to Contractor’s project manager. Contractor is also responsible for ensuring that anytime an employee is assigned to work on Sheriff-Coroner’s facilities under this contract that a Security Clearance form is submitted and approved prior to that employee requiring access to such premises for providing services under this contract. 4. Contractor shall inform employees assigned to perform work within secured facilities of the Sheriff-Coroner that the employee is required to inform Contractor if/when any information provided on the security clearance form changes. Contractor shall submit an updated security clearance form whenever there is a change in information provided by an employee. Contractor shall be responsibl e for ensuring to submit Security Clearance forms in order to renew the Security Clearance(s) every twelve months. Renewal forms shall be submitted at least ten (10) County working days prior to the expiration of an existing clearance; a security clearance is valid for 12 months from the date of issuance. If Contractor is submitting an updated form due to a change in information, said form shall be submitted within in 10 county working days of the employer becoming aware of the updated information. 5. Contractor Security Clearance information forms will be provided by County Project Manager upon request and will be screened by the Sheriff -Coroner’s Department. 6. Contractor Security Clearance information forms shall be thoroughly and accurately completed. Omissions or false statements, regardless of the nature or magnitude, may be grounds for denying clearance. County of Orange MA-060-20010263 File No. C021209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 10 of 40 7. County will not give Contactor the reason an individual’s clearance is denied, but will provide explanation to individual affected via U.S. Mail. E. GENERAL SECURITY REQUIREMENT-AT WORKSITE: 1. When performing work at a Sheriff-Coroner facility, all work areas shall be secured prior to the end of each workday. 2. Workmen shall have no contact, either verbal or physical, with inmates in any facility while preforming work under this contract. Specifically: a. Do not give names or addresses to inmates. b. Do not receive any names or addresses from inmates. c. Do not disclose the identity of any inmate to anyone outside the facility. d. Do not give any materials to inmates. e. Do not receive any materials from inmates (including materials to be passed to another individual or inmate). 3. Contractor’s personnel shall not smoke or use profanity or other inappropriate language while on site. 4. Contractor’s personnel shall not enter the facility while under the influence of alcohol, illegal controlled substances as defined under federal law, or other intoxicants, and shall not have such materials in their possession. 5. Failure to comply with these requirements is a criminal act and can result in prosecution. 6. Contractor’s personnel shall plan their activities to minimize the number of times they must enter and exit a facility, i.e., transport all tools, equipment, and materials needed for the day at the start of work and restrict all breaks to the absolute minimum. 7. Contractor’s personnel shall follow any special security requirements issued by the on-site contact person or escort Deputy. 8. Contractor’s personnel shall report either to the on-site contact person when leaving the facility, temporarily or at the end of the workday. 9. Contractor’s personnel shall immediately report all accidents, spills, damage, unusual conditions and/or unusual activities to the on-site contact person or any Sheriff’s Deputy. 10. Contractor’s personnel shall securely close and check all gates and doors to ensure that they are tightly closed and locked as they enter and exit various areas of the County facilities. 11. Contractor’s personnel shall restrict all activities to the immediate work sit e and adjacent assigned areas necessary to performing work under this Contract. 12. Contractor’s personnel shall remain with the assigned escort at all times, unless otherwise directed by the on-site contact person. County of Orange MA-060-20010263 File No. C021209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 11 of 40 F. POTENTIAL DELAYS/INTERRUPTIONS: 1. Contractor shall acknowledge that the primary purpose of the detention facilities is the safe and secure operation of those facilities. 2. Contractor’s personnel who enter a Sheriff facility but have not passed the security screening, or who have falsified the security screening information are subject to immediate removal from the facility. Contractor’s personnel who are assigned to work in a Sheriff facility who are determined to have outstanding wants or warrants may be detained by the Sheriff. 3. Contractor’s personnel shall immediately comply with all directions and orders issued by Sheriff’s personnel, other than changes regarding the quality or quantity of work, which will be controlled by County’s project manager. 4. Contractor’s personnel may be delayed or denied access to the facility due to unforeseen events that may affect the availability of security escorts. 5. Contractor’s personnel may be ordered to leave a facility prior to the completion of their work or the end of the workday by unforeseen incidents occurring within secure environments. Such unforeseen incidents may also cause Contractor’s personnel to be held inside the facility until the incident is resolved by the Sheriff’s personnel. 6. Contractor may be subject to an inventory requirement where the Contract or shall supply an inventory list of all tools. The Facility will use this list for verification of tools entering and exiting security. Any and all time required to comply with the tool inventory and control program will not be considered a compensable delay and no requests for equitable adjustment in time or additional compensation for this time will be considered. 12. Clear Water Act Provision: Contractor shall be in compliance with all applicable standards, orders or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 7606), section 508 of the Clean Water Act (33 U.S.C. 1368), and Executive Order 11738. 13. Energy Policy and Conservation Act Provision: Contractor shall follow mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). 14. Certifications: Homeland Security Grant: Contractor is informed and understands that this Contract may be funded by federal Department of Homeland Security grant funds, including Homeland Security Grant funds through the California Governor’s Office of Emergency Services (Cal OES). Contractor agrees to the following in relation to executing this Contract. a. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by the California Office of Emergency Services and/or Department of Homeland Security, the grant agency, and/or their duly authorized representatives for a period of three (3) years from the termination of this Contract. b. Contractor will comply, with all requirements of the Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable. County of Orange MA-060-20010263 File No. C021209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 12 of 40 c. Contractor will comply, with all requirements of the Davis-Bacon Act (40 U.S.C. 3141-3148) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. d. Contractor will comply, with all requirements of the Contract Work and Safety Standards Act (40 U.S.C. 3701-3708) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. 15. Liquidated Damages: It is agreed by and between Contractor and the County that if the services are not fully and completely performed within the terms of the Contract, including the failure to provide a fully functional PMNS, damage will be sustained by the County. Said damage includes any additional costs resulting from a delay in scheduled time frames by Contractor. Since it is and will be impractical and extremely difficult to determine the actual damage that the County will sustain by reason of such delay and/or failure to completely perform, it is therefore agreed that Contractor will pay to the County liquidated damages in a set amount of $1,700.00 for each and every day of delay and/or failure to provide a fully functional PMNS. In the event the liquidated damages as set forth herein are not paid by Contractor, the County will deduct the amount of liquidated damages from any monies due Contractor under this contract. This provision may be invoked at the sole option of the County by notification to the Contractor by certified return receipt mail. If provision of services under the Contract is delayed by reason of changes or extra services ordered by the County or as a result of the County’s failure to perform or delays cause d by the County, the time of performance of this contract will be extended commensurate with the time required for the extra services and/or delays directly attributable to the County’s failure to perform, and no liquidated damages will accrue during the period of such extension. If this contract is not fully and completely performed within the time set forth herein, the County shall have the right to increase the time for such performance and to waive the liquidated damages. Nothing herein shall be construed as giving Contractor a right to extra time for performance. -Signature Page to Follow- County of Orange MA-060-20010263 File No. C021209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 13 of 40 Signature Page The Parties hereto have executed this Contract# MA-060-20010263 for a Public Mass Notification System on the dates shown opposite their respective signatures below Contractor*: Everbridge, Inc. By: Title: Print Name: Date: Contractor*: Everbridge, Inc. By: Title: Print Name: Date: *If the contracting party is a corporation, (2) two signatures are required: (1) signature by the Chairman of the Board, the President or any Vice President; and one (1) signature by the Secretary, any Assistant Secretary, the Chief Financial Officer or any Assistant Treasurer. The signature of one person alone is sufficient to bind a corporation, as long as he or she holds corporate offices i n each of the two categories described above. For County purposes, proof of such dual office holding will be satisfied by having the individual sign the instrument twice, each time indicating his or her office that qualifies under the above described provision. In the alternative, a single corporate signature is acceptable when accompanied by a corporate resolution demonstrating the legal authority of the signature to bind the company. County Of Orange A political subdivision of the State of California Sheriff-Coroner Department By: Title: Print Name: Date: Approved by the Board of Supervisors: ____________________ Approved as to Form Office of the County Counsel Orange County, California By: ____________________ Deputy County of Orange MA-060-20010263 File No. C021209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 14 of 40 ATTACHMENT A California Multiple Award Schedule (CMAS) Contract 3-12-70-2909A, Supplemental No. 1 and Amendment No. 2 County of Orange MA-060-20010263 File No. C021209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 15 of 40 ATTACHMENT B SCOPE OF WORK I. INTRODUCTION The Orange County Sheriff’s Department (OCSD) is headquartered in Santa Ana, California. With about 3800 employees, OCSD serves thirteen contract cities and the unincorporated areas of Orange County. This includes about 700,000 residents in 350 square miles. OCSD’s Emergency Management Division provides emergency management and preparedness services to the unincorporated areas of Orange County and supports the efforts of the Orange County Operational Area (OA). There are currently over 100 jurisdictions in the OA encompassing all County departments and agencies, public and private organizations, and the general population within the boundaries of Orange County. The County administers and maintains a vendor-provided public mass notification service called AlertOC, which is offered to all 34 cities in the County, County agencies, Orange County Fire Authority, water districts, and the University of California Irvine for emergency public notification and internal responder notification. This system includes an opt-in portal for residents to register their cell-phone, email and text devices for emergency notifications. In addition, E911 data is purchased quarterly from telephone service providers, uploaded to the system. Countywide, public emergency and safety efforts are coordinated and provided through a combination of county and city police, fire, healthcare, and public works departments. II. SCOPE OF WORK Contractor shall provide a PMNS that will include state of the art technology and will adhere to all industry standards, best practices, and applicable laws. Requirements include: high efficiency, robust capacity, ease of use, comprehensiveness, and a focus on accessibility for the whole community population. Support for additional languages and for the hearing and visually impaired community shall be a component of the new system. Additional functional requirements are listed in Attachment E, Functional Requirements, and are incorporated into this Scope of Work. Contractor’s PMNS shall meet or exceed these requirements, except as otherwise indicated therein. Contractor’s PMNS shall be a fully redundant, geographically dispersed SaaS solution with routine maintenance, enhancements and upgrades provided by the Contractor at no additional cost. The PMNS will automate the key steps for responding to a critical event. It will aggregate threat data from third party and internal sources so the County can assess risk, and locate people in areas of threat and those needed to respond. The PMNS will then enable the County to execute pre-defined processes based on the type of threat for who should be contacted and how, what message to send, and who to escalate to if a responder is not available. Contractor’s platform will then send out notifications and instructions via text, voice, email—over 100 modalities—in 15 languages as needed, organize conference bridges for people to collaborate, and analyze return messages. Automation will enable these steps to be completed quickly, highly reliably and at scale. The critical communications and enterprise safety applications to be provided to the County via this PMNS software contract include Mass Notification Base for State & Local Government with Unlimited Domestic Usage, Mass Notification for Transportation, Community Engagement, and County of Orange MA-060-20010263 File No. C021209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 16 of 40 Incident Communications. These shall be easy to use and deploy, secure, highly scalable, and reliable. A description of each of these, including their key capabilities, is contained in Attachment A, the CMAS Contract. In addition, Contractor shall provide the following: • An additional organization and Community Engagement/Visitor Engagement keywords will be added to County’s account. • Consulting services, including but not limited to technical assistance regarding set-up, use, customization, and optimization of the various PMNS features. • Annual Maintenance and Support shall be provided as stated herein, including Attachment D, Everbridge Technical Support Services Guide, and Attachment E, Functional Requirements. III. QUALITY ASSURANCE Contractor will provide commercially-sound quality assurance practices to ensure the PMNS is operating in compliance with County specifications and requirements. Contractor’s quality assurance will cover all major system features, including: 1. Successful operation of System without any errors, specifically in the areas of: Tiered Administration User creation and management County-wide data and map import, reconciliation and maintenance processes and routines Citizen opt-in data processes and routines Custom and geographic call list generation Outbound telephone message launch Outbound e-mail message launch Use of surveys Monitoring of outbound session activity Validation of built-in and ad-hoc generated reports Accessibility from within the County's network Accessibility from the Internet IPAWS integration Message throughput Translation services (registration portal and message creation) 2. System (Hardware and Software) meets all requirements set forth herein and in Attachment E (Functional Requirements) to the County's satisfaction. 3. System is compatible with County Information Technology infrastructure (i.e., network and telephone environment and systems). IV. ADMINISTRATION Security Incidents, Data Breaches, Technical Failures, Human Error and Other Claims 1) Upon discovery or reasonable belief of any Security Incident, Data Breach, Technical Failure, or Human Error (collectively “Incident(s)”), Contractor shall notify County by the fastest means available and also in writing. Contractor shall provide such notification within forty - eight (48) hours after Contractor reasonably believes there has been such an Incident(s). County of Orange MA-060-20010263 File No. C021209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 17 of 40 Contractor’s notification shall identify: The nature of the Incident(s); Any Data accessed, used or disclosed; The person(s) who accessed, used, disclosed and/or received Data (if known); What Contractor has done or will do to quarantine and mitigate the Incident(s); and What corrective action Contractor has taken or will take to prevent future Incident(s). 2) Contractor will provide daily updates, or more frequently if required by the County, regarding findings and actions performed by Contractor until the Incident(s) has been effectively resolved to the County’s satisfaction. 3) Contractor shall quarantine the Incident(s), ensure secure access to Data, and repair the system as needed. 4) If the Contractor causes or knowingly experiences a breach of the security of County’s Data containing personal information, as defined by Civil Code Section 1798.3, Contractor shall immediately report any breach of security of such system to the Orange County Sheriff’s Department Emergency Management Division personnel assigned as lead program manager following discovery or notification of the breach in the security of such Data. The County shall determine whether notification to the individuals whose Data has been lost or breached is appropriate. If personal information of any resident of California was, or is reasonably believed to have been acquired by an unauthorized person as a result of a security breach of such system and Data that is not due to the fault of the County or any person or entity under the control of the County, Contractor shall bear any and all costs associated with the County’s notification obligations and other obligations set forth in Civil Code Section 1798.29 (d) as well as the cost of credit monitoring, subject to the dollar limitation, if any, agreed to by the County and Contractor in the applicable Statement of Work. These costs may include, but are not limited to staff time, material costs, postage, media announcements, and other identifiable costs associated with the breach of the security of such personal information. 5) Contractor shall conduct an investigation of the Incident(s) and shall share the report of the investigation with the County. The County and/or its authorized agents shall have the right to lead (if required by law) or participate in the investigation. Contractor shall cooperate fully with the County, its agents and law enforcement. 6) After any significant Data loss or Data Breach or as a result of any disaster or catastrophic failure, Contractor will at its expense have an independent, industry-recognized, County-approved third party perform an information security audit. The audit results shall be shared with the County within seven (7) days of Contractor’s receipt of such results. Upon Contractor receiving the results of the audit, Contractor will provide the County with written evidence of planned remediation within thirty (30) days and promptly modify its security measures in order to meet its obligations under this Contract. Corrective Action In the event any goods or service provided by the Contractor in the performance of the Contract should fail to conform to the requirements in this Contract, it shall become the duty of the Contractor to immediately advise the County of the failure and correct the performance of goods or services, without expense to the County. If corrective action (including but not limited to patches, bug fixes, updates) is taken by the Contractor to remedy Incident(s) in the provision of County of Orange MA-060-20010263 File No. C021209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 18 of 40 similar PMNS in other jurisdictions, such corrective action shall be provided to the County at no additional cost if such corrective action is needed for the Contractor to meet its obligations under this Contract. Notice Regarding Other Jurisdictions Contractor shall promptly notify the County Project Manager upon discovery or reasonable belief of the following: (a) Incident(s) known or reasonably known to have occurred in the provision of similar PMNS in another jurisdiction; (b) any claim or action against, or any loss by, Contractor that involves or may reasonably be expected to involve similar PMNS; (c) the initiation of any government investigation that may result in a finding that Contractor is not in compliance with all applicable federal, state and local laws. Responding to Legal Requests Contractor shall promptly notify the County upon receipt of any legal requests, including but not limited to subpoenas, court or administrative agency orders, service of process, or requests by any person or entity (other than Contractor’s employees), which in any way might reasonably require access to the County’s confidential Data. Contractor shall notify the County by the fastest means available and also in writing, unless prohibited by law from providing such notification. Contractor shall provide such notification within forty-eight (48) hours after Contractor receives the request. Thereafter, Contractor shall comply with such legal requests only to the extent required by applicable law. In responding to legal requests, Contractor shall take measures to protect Personal Data or Non-Public Data, the disclosure of which would violate Contract terms, court orders, and/or applicable state or federal law. Such protective measures may include, but are not limited to, seeking protective orders or filing the Data under seal. Contractor shall not respond to legal requests directed to the County unless authorized in writing to do so by the County. Legal Proceedings Upon request by the County, Contractor shall make appropriate employees available to appear in court, submit to examination under oath, and cooperate in the investigation or settlement of a claim. This applies in criminal, civil or administrative legal proceedings in response to requests or demands for testimony or records concerning information acquired in the course of an employee performing official duties or because of the employee's official status regardless of whether the person would otherwise be subject to service of a subpoena or other legal process in the State of California. County of Orange MA-060-20010263 File No. C021209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 19 of 40 ATTACHMENT C COMPENSATION AND PRICING PROVISIONS 1. Compensation: This is a firm-fixed fee Contract between the County and Contractor for PMNS services as set forth in Attachment B, “Scope of Work.” The Contractor agrees to accept the specified compensation as set forth in this Contract as full payment for performing all services and furnishing all staffing and materials requi red, for any reasonably unforeseen difficulties which may arise or be encountered in the execution of the services until acceptance, for risks connected with the services, and for performance by the Contractor of all its duties and obligations hereunder. The Contractor shall only be compensated as set forth herein for work performed in accordance with the Scope of Work. The County shall have no obligation to pay any sum in excess of the fixed rates specified herein unless authorized by amendment in accordance with Paragraph 33, Contract Modifications, of the CMAS General Provisions – Information Technology. 2. Fees and Charges: County will pay fees in accordance with the provisions of this Contract. Payment shall be as follows: Item No. Item description Annual Rate: 01 Annual Fees $ 458,050 Household Count: 1,250,000 Employee Count: 50,000 QTY Product Code Description GSA Classification Price 2 101-11-11-0254-000 Mass Notification Base - Tier 11 GSA Product USD 356,299.56 1 101-11-11-0240-000 Mass Notification Base - Tier 12 GSA Product USD 33,700.44 1 101-11-11-0258-000 Mass Notification Base for Transportation - Tier 3 GSA Product USD 5,000.00 1 101-01-11-0206-000 Incident Management - Incident Communications - Tier 7 GSA Product USD 100.00 63 101-01-11-1001-000 Everbridge Additional Organization GSA Product USD 100.00 1 101-01-11-1027-000 Everbridge Community Engagement - Tier 7 GSA Product USD 49,700.00 10 100-09-11-1038-000 Additional CE/VE Keywords – 1 Open Market USD 100.00 50 101-00-22-8301-000 Consulting Services - Per Hour GSA Product USD 13,000.00 Pricing Summary: Year One Fees: USD 445,000.00 County of Orange MA-060-20010263 File No. C021209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 20 of 40 One-time Implementation and Setup Fees: USD 0.00 Professional Services: USD 13,000.00 Total Year One Fees Due: USD 458,000.00 3. Price Increase/Decreases: No price increases will be permitted during the first period of the price agreement. The County requires documented proof of cost increases on Contracts prior to any price adjustment. A minimum of thirty (30) days advance notice in writing is required to secure such adjustment. No retroactive price adjustments will be considered. The County may enforce, negotiate, or cancel escalating price Contracts or take any other action it deems appropriate, as it sees fit. The net dollar amount of profit will remain firm during the period of the Contract. Adjustments increasing the Contractor’s profit will not be allowed. 4. Firm Discount and Pricing Structure: Contractor agrees that no price increases shall be passed along to the County during the term of this Contract not otherwise specified and provided for within this Contract. 5. Contractor’s Expense: The Contractor will be responsible for all costs related to photo copying, telephone communications and fax communications while on County sites during the performance of work and services under this Contract. 6. Payment Terms – Payment in Advance: Invoices are to be submitted at least sixty (60) days in advance of each annual contract renewal to the user agency/department to the ship-to address, unless otherwise directed in this Contract. Vendor shall reference Contract number on invoice. Payment will be net thirty (30) days after receipt of an invoice in a format acceptable to the County and verified and approved by the agency/department and subject to routine processing requirements. The responsibility for providing an acceptable invoice rests with the Contractor. Billing shall cover services and/or goods not previously invoiced. The Contractor shall reimburse the County for any monies paid to the Contractor for goods or services not provided or when goods or services do not meet the Contract requirements. Payments made by the County shall not preclude the right of the County from thereafter disputing any items or services involved or billed under this Contract and shall not be construed as acceptance of any part of the goods or services. 7. Taxpayer ID Number: The Contractor shall include its taxpayer ID number on all invoices submitted to the County for payment to ensure compliance with IRS requirements and to expedite payment processing. 8. Payment – Invoicing Instructions: The Contractor will provide an invoice on the Contractor’s letterhead for goods delivered and/or services rendered. In the case of goods, the Contractor will leave an invoice with each delivery. Each invoice will have a number and will include the following information: a. Contractor’s name and address b. Contractor’s remittance address, if different from 1 above c. Contractor’s Taxpayer ID Number d. Name of County Agency/Department e. Delivery/service address f. Master Agreement (MA) or Purchase Order (PO) number County of Orange MA-060-20010263 File No. C021209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 21 of 40 g. Agency/Department’s Account Number h. Date of invoice i. Product/service description, quantity, and prices j. Sales tax, if applicable k. Freight/delivery charges, if applicable l. Total Invoice and support documentation are to be forwarded to: County of Orange Sheriff–Coroner Department Emergency Management Division 2644 Santiago Canyon Road Silverado, California 92676 Attn: Michelle Anderson 9. Payment (Electronic Funds Transfer (EFT) The County offers Contractors the option of receiving payment directly to their bank account via an Electronic Fund Transfer (EFT) process in lieu of a check payment. Payment via EFT will also receive an Electronic Remittance Advice with the payment details via e-mail. An e-mail address will need to be provided to the County via an EFT Authorization Form. To request a form, please contact the agency/department representative listed in Section 9. Notices. Upon completion of the form, please mail, fax or email to the address or phone listed on the form. County of Orange MA-060-20010263 File No. C021209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 22 of 40 ATTACHMENT D Everbridge Technical Support Services Guide (November 14, 2018 Update) County of Orange MA-060-20010263 File No. C021209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 23 of 40 ATTACHMENT E FUNCTIONAL REQUIREMENTS Functionalities available in the core of the PMNS include full mobile support, communication deployment capabilities, centralized contact data storage and management, geographic targeting and mapping, and secure infrastructure to ensure client data security. In addition, Contractor shall do the following: Maintain multiple, globally-dispersed data centers Operate multiple Network Operations Centers with 24X7 staffing and monitoring Deliver seamless scaling to deal with the unexpected peaks Enable multi-modal support for over 100 contact methods including SMS, voice, email, digital signage, PC alert systems, and sirens The following are the functions of the PMNS that the Contractor shall provide, as indicated by an “X” in the “Yes” column. Where a function is not currently available, as indicated by an “X” in the “No” column, Contractor shall consider and be responsive to County’s technical tickets. All available functions are included in the Scope of Work (Attachment B) at no additional cost to the County except where noted below. # Function Yes No Additional Comments/Specifications 1. The system will not require the County to purchase or X As a SaaS solution, no County hardware is required for installation of the system. Contractor will maintain all communication over HTTPS (Port 443) using its valid 2048-Bit TLS 1.2 security certificate, which effectively secures the traffic from the client environment into the secure Contractor infrastructure. Thus, any computer system capable of using a web browser that supports TLS 256-Bit encryption will be able to access and leverage the notification platform without issue. County shall be able to access the system from popular computer operating systems, such as Microsoft Windows, Linux, and Mac OS, as well as from popular smart phones and tablets. 2. The system will not require the County to purchase or lease dedicated phone lines. X 3. The system will not require the County to purchase or incur ongoing maintenance costs. X Contractor will provide routine upgrades, updates, and enhancements free of charge for the life of the contract with no interruption in service. County of Orange MA-060-20010263 File No. C021209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 24 of 40 4. The system will be redundant with 99.99966% uptime on multiple mirrored sites in geographically disparate locations. Data center ratings will be provided and call network monitor systems established. X Contractor will provides service at 99.99% or greater uptime. 5. The system will include cyber-protection measures including appropriate notification protocols if intrusion is detected or if data breach occurs. X Contractor will enable active monitoring, intrusion detection, and logging of all events, on all components, within all tiers of the SaaS infrastructure. Contractor’s monitoring tools will consist of both network-based IDS devices scanning all network traffic, and host - based probes that are designed to detect any activity outside of normal application traffic and performance. If a monitor detects any unusual or suspicious activity, the monitoring tool will generate an automated alert that will be immediately investigated by Contractor’s on-call support team. 6. The service will have an available application programming interface (API) service with documentation available for API calls and functions such as contact management. X Contractor will provide a fully functional Restful JSON based API. As part of the API, County will be able to utilize various methods to update contact information (GET, DELETE, PUT, and POST) as well as initiate a broadcast through the API. There will be no additional cost to access the API for managing data. If County does not have the staffing resources to build the integration, professional services to build the integration can be purchased from Contractor at an additional cost. 7. The system will have full and complete IPAWS integration and functionality including WEA/EAS. X Contractor will remain certified as a gateway for IPAWS/CMAS. County and other authorized clients, such as government entities, will need to provide their COG ID (Common Operating Group ID), the Common Name (Logon Name), and the digital certificate provided by FEMA within the settings of the Contractor’s system. Once this information has been provided, County will be able to send notifications and include the Publish to IPAWS/CMAS as a deployment option – or simply target IPAWS/CMAS separate from any other target population. 8. The system will be configured with multiple IPAWS credentials (e.g., multiple jurisdictions that have independent codes can load their certificates into the system) X County of Orange MA-060-20010263 File No. C021209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 25 of 40 9. The system will support geo-targeted notifications. X Contractor will support utilizing the GIS interface for creating all notification types, including standard notifications, polling notifications, and conference bridges. 10. The system will have ESRI mapping interface to allow County to select multiple contiguous or non-contiguous areas for notification. X System will allow users to upload shape files from ESRI in ZIP and KML formats to target specific geographic areas. In addition, ESRI will be offered as a standard base map layer option. 11. The system will incorporate raster (e.g., satellite) imagery in its mapping function. X The system will provide base map layers using Google, Bing, and ESRI, and County may configure the solution to support a client map server as well. From a map layer perspective, the system will also provide premium weather layers that can display additional overlay information regarding weather radar and infrared satellite. 12. The system mapping functions shall be capable of interfacing with and publishing to other web-based portals. X The system Universe Tab is contained within the product, but County may export shapes used for selecting the target audience for any deployment from the platform for use in other systems County may have. 13. The system will support User-defined message templates, including pre- loaded text, audio, and video files. X System will allow County to create and save an unlimited number of message templates to expedite communication processes. Message templates will contain pre-recorded voice and text content that can be applied to new notifications. Broadcast templates are pre-defined notifications that contain message content, target recipients, and settings. Once saved, broadcast templates may be quickly deployed individually or as a group in under 15 seconds. Templates will be stored in a corresponding library for easy management. 14. The system will support spontaneous uploading of audio files for notifications. X System will support the ability to create voice recordings in several ways. 15. The system will support spontaneous uploading of video files for notifications. X System will support up to five separate attachments that may be sent to email notifications. Total attachment size cannot exceed 2 MB of data and no single attachment can exceed 2MB. Additionally, these attachments may be sent to Contractor’s mobile application for smart phones and tablets. County of Orange MA-060-20010263 File No. C021209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 26 of 40 16. The system will be capable of sustaining a minimum volume of 50,000 phone calls simultaneously. X Because the system is a hosted SaaS solution, there will be no limit to the number of notifications Contractor is capable of sending and no limit to the number of contacts that can be stored with the solution. Contractor will conduct regular capacity planning (quarterly) to ensure ample capacity, performance, storage, and support to maintain guaranteed SLAs. 17. The service will be configured with pre-set call throttling rates set by the User launching the notification, not the Contractor. X Contractor will provide a verifiable and configurable call throttling mechanism. The throttling settings will allow County to modify the overall speed for all calls going out or specify an area code and prefix to modify the speed for a specific area or building. 18. The service will be configured with real- time automatic/ intelligent throttling during a call in progress to ensure a high success rate. This rate will be displayed to the notification sender and recorded so that it can be accessed and reviewed upon demand by the County. X 19. The service will use multiple telephone carriers and can switch between carriers during notifications depending upon telephone network status. X Regardless of the target telephone provider, Contractor will utilize established telecommunication industry standards for placing telephone calls among public networks. 20. The system will be configured to make multiple attempts to reach Registrants. X By default, each contact targeted with a notification from the Contractor solution will be sent notifications based on a “rotational contact methodology” whereby the contact devices (delivery methods) for any contact are notified, one at a time, and Contractor seeks confirmation/response. Should confirmation/response be received, it will be recorded in the solution and no further notifications are deployed to the recipient. If the recipient does not confirm/respond to the incoming notification, Contractor will “rotate” to the next available device and attempt to contact the recipient again (seeking response). This process will continue until all Contact Cycles are exhausted. Should clients seek to escalate a notification to another person/group if the original recipient is non- responsive, clients may utilize our Escalation capabilities. Escalation is set on a per notification basis and notifications can be escalated to an individual or group. Everbridge would be glad to demonstrate and discuss this requirement as part of final selection, if desired. County of Orange MA-060-20010263 File No. C021209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 27 of 40 21. The system will call out- of-state and international numbers. X All notifications deployed from the Contractor’s solution require a fully defined telephone number to place the call to any landline, cellular, or VoIP telephone. This includes both domestic (10-digit telephone numbers) and international telephone numbers. 22. The system will differentiate between human voice and voicemail/answering machine recordings. X Contractor fully supports this requirement through automated voicemail/answering system detection. If a live person answers the incoming call, the message will be relayed to the recipient (with the details to confirm, if enabled). If a voicemail/answering system is detected, County will have the option to configure how Contractor interacts with the voicemail/answering solution – leaving a message only; leaving a message with confirmation; or leaving no message. At no time will Contractor assume that reaching a voicemail/ answering system is proof of delivery and confirmation. Thus, the system will continue to attempt to notify the intended recipient on other available devices until confirmation is received or until the Contact Cycles have been exhausted. 23. The system will be configured with separate sub-administration accounts for each unique participating agency. X The platform will support an unlimited number of groups, subgroups, and groups within groups all of which are maintained in a single organization (client environment) within the Contractor’s system. 24. Each User within the sub-administration accounts will have their own password. X 25. The main account (OCSD-EMD) will be notified of and can see all messages launched by the other sub- administrator accounts. X 26. The system will have a highly granular sub- administration function that allows for unlimited sub-administrators to create and manage their own users and databases within a nested or silo’ed structure. X 27. The system will integrate with Nixle lists, operated by individual jurisdictions. X County of Orange MA-060-20010263 File No. C021209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 28 of 40 28. The system will publish notifications automatically to social media and RSS feeds: X 29. Facebook X 30. Twitter X 31. Google Alerts X This functionality shall be provided via Community Engagement. 32. YouTube X 33. WhatsApp X 34. RSS X Contractor will provide a CAP RSS feed. 35. Other (specify) County of Orange MA-060-20010263 File No. C021209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 29 of 40 36. Real-time results reporting and metrics will be available to Users, including, but not limited to: X Contractor shall provide reports for use during emergency activations as well as afterwards. The system will provide the following five types of notification reports, giving the County needed information on demand. All reports shall be capable of export. Notification Dashboard Reporting (Real-time Reporting) This dashboard is a reporting system that tracks notifications in real time, allowing the County to observe the results of the broadcast as they occur. The dashboard reporting screen will automatically refresh every 60 seconds, or it can be manually refreshed while the broadcast is active to provide up-to-the-second information. The County will be able to easily access detail-level reporting to see who has received and confirmed messages and who has not. Broadcast Reports The Detailed Broadcast Report will provide detailed breakdowns of each notification sent. Detailed Broadcast Reports will be available online through the Web-based administration console or can also be automatically e-mailed or faxed at the conclusion of a broadcast at County’s request. Ad Hoc Reports The Ad Hoc Report will allow administrators to extract specific data from the system. Ad hoc reports can be downloaded in CSV and PDF format as well as HTML format. Users will be able to retrieve call records via a wide variety of record search and reporting options. Contractor’s Ad Hoc Reporting functionality will allow County to pull reports that are important and meaningful for its specific needs, rather than merely provide static report features. Event Analysis Reports The system will provide the ability for multiple messages to be viewed in a single report. Reports may be filtered to include a single notification, or spanning multiple notifications. Using Event Reporting, County will be able to look at all messages/response details related to the same Event in a graphical and “top down” style. Detailed Notification Analysis Reports A detailed Notification Analysis report will allow County to investigate the delivery details, over time and among all users targeted, for any notification campaign launched form the platform. Details about the notification will be included, such as the settings that were configured for the deployment, confirmation status information (with pie chart representation), and the overall number of delivery attempts made over time (with line chart representation). County of Orange MA-060-20010263 File No. C021209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 30 of 40 37. percentage of attempted and completed notifications X 38. failure rates X 39. failure modes (with standard response definitions across sub- contracted carriers) X 40. time of delivery X 41. length of delivery X 42. total number delivered X 43. Other 44. Customer support must be treated as a high priority with: 45. one primary point of contact at the company Contractor shall offer 24x7x365 Technical Support via https://www.everbridge.co m/customers/support/ and at the email address and telephone numbers listed in Attachment D, Everbridge Technical Support Services Guide 46. 24/7/365 emergency support line (for both administrat ors and self- registration accounts) X Contractor will provide ongoing support via the Internet, e- mail, and telephone. Contractor’s Technical Support will be available to the County at any time of day or night, 24x7x365. Technical Support staff members will be full-time Contractor employees located on-site who are well-versed on Contractor’s system. Technical Support shall not be outsourced to third parties that do not have Contractor’s expertise. Additionally, Contractor shall have support personnel deployed at all of its offices around the world. County of Orange MA-060-20010263 File No. C021209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 31 of 40 50. The Contractor will have a transparent method for responding to, prioritizing, and implementing feature requests and modifications with a 30 day response time. County may enter feature requests for the PMNS through Contractor’s Client Services. All requests will be logged and tracked by Contractor’s development team, and as more clients request similar features, Contractor may include these into the notification platform. In regard to “change management,” Contractor will employ the following industry-standard practices for controlling changes to the SaaS application code or the database: □ Approved, detailed, written specifications from the business group Impact analysis □ An approval hierarchy that includes at least one company executive □ Queue management to ensure that all stakeholders are aware of the approved and pending changes to the system □ Documented approvals for applying any changes to the Development, Test, and Production environments □ Application code must be checked into a secure code library and checked out of this library to be applied to the Test or Production systems. □ Application code or database changes to the Test and Production environments require the use of highly secured passwords that are known only to the developers responsible for migrating application code or database changes. Only the DBA has access to implement database changes. □ Back-out procedures □ Specification of onboarding and maintenance windows 51. All data entered into the system from any source will remain the property of the County; data cannot be provided or sold to other entities. X 52. Registrants are not required to provide their data to the Contractor or other third party, or subscribe to or download an application in order to receive notifications through the system. X Contractor will support this function through its Engagement functionality, as well as through IPAWS. 47. live chat 48. screen- sharing tools Contractor support personnel will initiate a Zoom session (corporate approved standard for secure meetings and collaboration) with County to provide support if necessary. 49. one business day deadline for non- emergency support response Contractor shall meet support timelines outlined in Attachment D, Everbridge Technical Support Services Guide. County of Orange MA-060-20010263 File No. C021209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 32 of 40 53. Contractor will obtain E911 from all carriers within the County of Orange, California. X County will obtain E911 from all carriers within the County and provide the data to Contractor; if, in the future, California law is updated to allow for the Contractor to receive this data directly, the County and Contractor will work together to transition this process . This will allow County to leverage existing emergency services (E911) databases that provide contact information and are updated on a monthly or quarterly, or yearly basis, allowing for a high level of accuracy. 54. Contractor will geo-code all E911 data following a mutually agreed upon systematic process. X Regardless of the method used to manage the data, if a physical address is supplied to the Contractor’s platform, Contractor will geo-code the address and determine the Latitude/Longitude coordinates for the location. These coordinates will then be used to drop a pin on the map (color of the pin will be defined by County and based on Record Type, as described above) in the Universe tab for recognition and inclusion in notification deployments. System will allow County to also specify the precision level of the GIS information utilized in the Contractor’s solution through the Precision GIS functions, which can enhance the level of accuracy and will allow the County to directly handle “centroid” geocoding challenges they may experience. 55. The system will have more than one geo- coding system or process. X System will allow geocoding to be conducted using Contractor’s inherent geo-coding or County may leverage Precision GIS capabilities and supply its own geo-coding. 56. The Contractor will code residential and business lines. X 57. The Contractor will upload E911 data that has been geo-coded and identified as business/residential. X 58. The Contractor will upload E911 data that has been geo-coded and identified as listed and unlisted. X County of Orange MA-060-20010263 File No. C021209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 33 of 40 59. The Contractor will maintain data for opt- outs from the E911 data and ensure that new uploads accommodate these opt-out requests. X 60. The system will flag failed notifications for specific causes and allow the County to configure rules for failed notifications (e.g., mark failed call numbers or bounced emails to be resolved by County personnel). X 61. The system will support contact lists of unlimited length. X 62. The system will support nested contact lists (e.g., List 1 includes Sublist A, B, C; List 2 includes Sublist A & C; List 3 includes Sublist B & C) X 63. The Contractor will analyze the results of each system use to identify if there are data management errors and identify possible improvements in data management processes. X County may contact Contractor’s 24x7x365 tech support team with questions regarding, or for support on, data management and review of communication campaigns. 64. The system must incorporate Coding Accuracy Support System (CASS) certified address entry in all entry portals. X 65. The Contractor will host training as requested by County: 66. in-person at system implementati on X Not applicable (system already implemented) County of Orange MA-060-20010263 File No. C021209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 34 of 40 67. in-person on an as- requested basis X Available at an additional cost 68. interactive webinar X Available at an additional cost 69. recorded computer based trainings X Contractor will provide (free) access to Everbridge University, an online learning environment that has tutorials with videos that show how the system works. Online help is built into the notification platform and will open in a new window and assist a user in the process of sending a notification. 70. Contractor shall provide a comprehensive User guide detailing all system features and functions. X Contractor will provides multiple levels of documentation to assist County in the process of managing the notification system, including: □ Everbridge Mass Notification User’s Guide–Full documentation of the features of the notification platform □ Everbridge Mass Notification Quick Start Guide–Focused on the areas that will allow a user to use the notification functions of the system □ Everbridge Mass Notification Application Programming Interface (API) Guide–Starting point for software engineers to write applications that harness the strength of the Contractor’s platform allowing for full integration with County systems □ Everbridge University Online (Video Tutorials) □ Everbridge Online Help–See #69 above □ Everbridge One Sheets–Isolate common tasks and help a user do everything, including send a notification, edit a contact, or make a selection from the map 71. The Contractor will provide free testing and training by the County and Sub-administrator accounts. X County of Orange MA-060-20010263 File No. C021209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 35 of 40 72. The system will have a testing environment with safeguards to ensure that training and testing do not occur using E911 data unless the User intends to do so. X 73. The system will have a self-registration portal that allows both external (the public) and internal (agency employees) individuals to register multiple contact methods with and without setting up an account. X 74. The system will provide the public with a single-screen interface through which Registrants can opt-in to notifications originating from multiple jurisdictions or agencies. X 75. The public web interface for Registrants will be of responsive design capable of displaying clearly on mobile, tablet, and desktop devices. X 76. The system’s Registrant interface will meet or exceed the requirements of Section 508 of the Rehabilitation Act and Web Content Accessibility Guidelines (WCAG). X 77. The system will allow Registrants to update their own contact data via an online portal or mobile application. X 78. The registration portal will allow Registrants to create an account with either an email address or telephone number. X County of Orange MA-060-20010263 File No. C021209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 36 of 40 79. The registration portal will require the Registrant to validate their contact information. X 80. The registration portal will incorporate CASS certified address entry and validation before allowing the Registrant to finalize. X 81. The registration portal will incorporate an automatic geo-coding validation before allowing the Registrant to finalize, including allowing the Registrant to manually move the point mapped if correction is needed. X 82. The registration portal geo-coding software will update parcel and address data no less than bi-annually, so as to capture newly constructed homes and businesses. X 83. The registration portal will be available in at least the following languages: X The registration portal can be configured by County to include any language desired. County may also enable the system’s Google Translate functionality, which allows the user of the page to select the desired language and all content on the page will be displayed in the selected language (auto-translation provided through Google Translate). 84. Arabic X 85. English X 86. Farsi X 87. Korean X County of Orange MA-060-20010263 File No. C021209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 37 of 40 88. Spanish X 89. Vietnamese X 90. Registrants will be able to choose what types of alerts to receive and what devices to receive them on, such as: X 91. Weather alerts X 92. Road closings X 93. School closings X 94. □ Special announcemen ts X 95. At registration, Registrants will be able to provide vulnerability data. X This would be configurable At Risk or Needs Identification (e.g., Bedridden, Oxygen) 96. The system will be able to detect Video Relay Services (VRS) used by the deaf and hard of hearing community. Messages will be delayed until the VRS interpreter becomes available or the message will be looped for up to 3 minutes. X 97. During an alert notification, the system will provide Registrants with language options upfront (ex. Press 1 for English, 2 for Spanish, etc.). X Although Contractor does not support this functionality, a similar result may be accomplished by using Contractor’s automated language translation capabilities within the Scenarios. 98. The service will support non-English character sets and right- to-left text for email and TTY messages. X County of Orange MA-060-20010263 File No. C021209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 38 of 40 99. The system will allow for configuration of automated forwarding from other systems (e.g., National Weather Service). X Contractor’s Mass Notification platform offers SMART Weather Alerting which leverages Weather Decision Technologies’ (WDT) meteorological resources to enhance and optimize over 150 severe weather alerts such as lightning, tornadoes, thunderstorms, hail, ice, snow, extreme temperatures, high winds, flash floods, and flooding. SMART Weather Alerting provides location-specific severe weather alerts at the speed of click. An automated rules engine supercharges the speed and accuracy of alert delivery, so notifications get to the right people right away. Available at an additional cost. 100. The system will be intuitive, easy to learn, and use best practices in User interface and User design. X Contractor’s system will provide ease of use for both message senders and recipients. The system will provide an intuitive interface that allows for administrators to send messages and navigate the system easily. For new notifications, the system will provide a single page workflow that will allow County to specify message type, message content, target audience, and deployment options (such as devices to target, number of contact cycles, etc.). County will be able to launch notifications even more quickly using Contractor’s Notification Templates, whereby various elements of the notification deployment may be defined ahead of time – reducing the selection of the options to send the notification when needed. 101. The web interface for Users will provide responsive design capable of displaying clearly on mobile, tablet, and desktop devices. X County of Orange MA-060-20010263 File No. C021209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 39 of 40 102. The system will include a mobile app for iOS and Android that allows Users to send public notifications to on-the- fly generated geo-located areas. X Contractor’s system will support the ability to launch new and template broadcast to both individuals and groups of individuals, manage messages, and view reports from smartphones and tablet devices. Mobile app support for iOS and Android devices will be provided to County. Authentication on the mobile platform is through HTTPS connections utilizing 2048- bit encryption. No information is cached locally within the app. Contractor will also provide a universal browser interface that functions among any smartphone or tablet devices, including BlackBerry and Windows Mobile. 103. The service will integrate with incident management systems, such as WebEOC, so that alerts can be activated from WebEOC Input or Display views. X The system will integrate with incident management systems via Contractor’s Incident Communication and Email Ingestion functionality or through custom development using JSON-based RESTful API. Email Ingestion is available at an additional cost (Incident Communication is included in County’s Scope of Work). 104. The system will have a robust responder notification function that allows for advanced polling functions and the ability to stop calls once a set threshold of responses is reached. X Contractor will provide the ability to create and send quota-based notifications by using Polling Notification with Quota enabled. County will have the ability to specify a certain number of positions to be filled. Once deployed, the quota notification will start contacting the pool of candidates and continue until enough successful responses are provided to fill the quota count. Once the quota is filled, the system will automatically stop calling the group. County can use Contractor’s follow-up capability to re- communicate to any desired audience—such as those who confirm receipt after the quota is filled—very quickly. 105. The system will have the ability to directly link notification recipients to an internal conference call. X Contractor’s system will provide Conference Notifications, whereby a notification is deployed to County recipients and if received via phone, they will join the call immediately; if received via text message, all dial-in and passcode information is included to allow the end user to connect to the call. Contractor will provide four (4) inherent conference bridge lines for County to use. County may customize Contractor’s service to support its own conference systems for an additional cost. 106. The system will provide the ability for two -way text and email communication. X 107. Responses to notifications can be sent via email or text directly to the User sending the message, system administrators, or members of a User- defined group. X Responses and confirmations from recipients will be reported back to the Contractor’s platform whereby authorized client administrators (including those that initiated the communication) may review them through Contractor’s reporting options. County of Orange MA-060-20010263 File No. C021209 Sheriff-Coroner/Purchasing Services Bureau Public Mass Notification System Page 40 of 40 108. The system will be able to export the polygon created for the notification in shape file, KML, and CSV. X 109. The system will automatically send all Registrants a yearly, bi- yearly, or quarterly email reminding them to update their information. This message can be configurable by a User. X Contractor will schedule notifications to accomplish this upon County request. Additionally, rules or filters can be developed to only target the users that have not recently updated their contact information. 110. The system will be able to manually bulk upload data via CSV or Excel and automatically via SFTP. X 111. The system will have an audit functionality that allows authorized Users to review system access and activity for up to 18 months. X Orange County Operational Area Countywide Public Mass Notification System Standard Operating Procedures Page 1 of 13 Effective: June 30, 2008 Revised: June 30, 2021 I. PURPOSE The purpose of this document is to outline the Standard Operating Procedures for the use and administration of AlertOC, the Orange County Public Mass Notification System, hereinafter referred to as “System”. This document will provide more specific step-by-step procedures and roles and responsibilities at the regional level including describing expectation of participants. Individual jurisdictions/agencies should create and maintain and regional concepts. The step-by step procedures for activation and use will be maintained in a separate document maintained by each jurisdiction/agency as a part of their emergency response plans for overall planning and response efforts. A copy of these procedures shall be maintained in PrepareOC. This document does not supersede any policy and procedures outlines in the Memorandums of Understandings signed by participating agencies, but should be used to support the use of the Orange County Mass Notification System. II. SYSTEM DESCRIPTION The primary intent of the Countywide Public Mass Notification System is to disseminate early warning and time sensitive information to county businesses and residents during an emergency event. The Public Mass Notification System is only one component of the County of Orange Public Warning System. As deemed fit by local authorities, the System should be used in conjunction with the other public warning mechanisms including, but not limited to, route alerting, the Emergency Alert System, sirens, and press releases. The Mass Notification System is available 24/7 and has been pre-loaded with Orange County landline phone numbers (including unlisted) and countywide geographic maps. Additionally, citizens have the option to provide additional contact information via self-registration portal www.alertoc.org with link access from county and all participating entity websites. Upon local authority decision to activate, the System will be used to send a message, describing the situation, impacted area, and recommended action the public should take, to affected businesses and households via telephone, e-mail and/or text. The County of Orange, Orange County Sheriff’s Department is the sponsor of the Countywide Public Mass Notification System initiative and will take appropriate measures to ensure that the System is in a state of operational readiness at all times. It is the responsibility of all participating Agencies to maximize citizen benefits from the System. While the County’s intent for implementing and maintaining the System is for “emergency” use, upon consent from local authorities, cities may optionally use the System to disseminate “government-related” non-emergency notifications to citizens and organization resources within its jurisdiction. See Section V. Authorized Use and Section VIII. Cost for policy guidelines relating to non-emergency use. Orange County Operational Area Countywide Public Mass Notification System Standard Operating Procedures Page 2 of 13 III. GOVERNANCE The Orange County Sheriff’s Department Emergency Management Division will manage the Mass Notification System as a countywide asset under the Policy and Guidance approved and recommended by the Orange County Technology Subcommittee, and agreed upon by each individual Agency when they opt into the system. Use of the System by each Agency is contingent upon that Agency abiding by the contract with the mass notification vendor, and the protocols established by the Emergency Management Council and Operational Area Executive Board. The System utilizes the 9-1-1 database to complete the notifications. The use of the 9-1-1 database is regulated by the California Public Utilities Code (CPUC) sections 2872 and 2891.1. The information contained in the 9-1-1 database is confidential and proprietary and shall not be disclosed or utilized except by authorized personnel for the purpose of emergency notifications. Any agency in violation of this regulation is subject to criminal charges as described in the CPUC. The Orange County Sheriff’s Department Emergency Management Division is responsible to ensure that the provisions of the contract are implemented properly. Authorized users must respect the integrity of the database, understand the privacy issues and fully comply with the policies and protocols outlined in this document. If violations of the MOU and this approved policy document are made by any individual or Agency, the Orange County Sheriff’s Department reserves the right to disable that individual’s or Agency’s login(s). IV. OVERVIEW OF GENERAL SYSTEM FEATURES At minimum, the Orange County Sheriff’s Department shall acquire and maintain a Public Mass Notification System capable of meeting the following requirements. A. Licensed for use throughout the County’s entire region B. Capacity to send a 45 second message to 10,000 residents and businesses within 10 minutes C. Capacity to send messages via phone, e-mail and text D. Accessible via the public Internet E. Provides audit trail logging and reporting F. GIS map interface for geographic call list generation G. Citizen self-registration web portal (available in over 100 languages)) H. Interactive phone survey technology and reporting I. IVR based notification setup and execution Orange County Operational Area Countywide Public Mass Notification System Standard Operating Procedures Page 3 of 13 V. AUTHORIZED USE The Mass Notification System is designed to be a countywide asset, available to all Agencies that have a dedicated public safety answering point (PSAP) and/or a resident population they are responsible for making protective action recommendations. An Agency may participate in the countywide System at no charge when used for emergency purposes until June 2024. Agencies authorized to join the system at no cost are limited to the incorporated cities in the Orange County Operational Area, County agencies and departments, the Municipal Water District of Orange County and Orange County Retail Water Agencies. Each participating Agency must sign a MOU and will maintain, at minimum, a Local Agency Administrator responsible for implementing and administering use of the System at the local level. Cities Cities wishing to participate may do so by having an authoritative representative sign the “Orange County Public Mass Notification System” MOU. Upon signing the agreement, the Agency will be provided a local administrator account, a vendor provided user manual and initial training. Throughout the term of the agreement, the Agency may use the System to send an unlimited number of emergency notifications to the public as well as an unlimited number of emergency and non-emergency inter-department messages. Each participating City shall develop and maintain written procedures to identify and address the Agency’s specific use of the System within the scope of this policy guide. Each participating City shall maintain a level of training for their users consistent with the County of Orange and Orange County Operational Area Alert and Warning Plan. County Users Unincorporated areas of Orange County will have emergency messaging to the public launched by the Orange County Sheriff’s Department. All other county agencies may have access to utilize the system for interdepartmental use. Each participating County agency shall develop and maintain written procedures to identify and address the Agency’s specific use of the System within the scope of this policy guide and provide this guideline to the Orange County Sheriff’s Department Emergency Management Division. Each participating County agency shall maintain a level of training for their users consistent with the County of Orange and Orange County Operational Area Alert and Warning Plan. Water Retail Water Agencies The Municipal Water District of Orange County and Orange County Retail Water Agencies wishing to participate may do so by having an authoritative representative sign the “Orange County Water Retail Agency Public Mass Notification System” MOU. Upon signing the agreement, the Agency will be provided a local administrator account, and the Orange County Sheriff’s Department, Emergency Management Division in collaboration with the Municipal Water District of Orange County – Water Emergency response Organization of Orange County (WEROC) will provide a user manual and initial training. Throughout the term of the agreement, the Agency may use the System to send emergency notifications to the public by Orange County Operational Area Countywide Public Mass Notification System Standard Operating Procedures Page 4 of 13 utilizing pre-established GIS shape files or the system’s interactive map feature to identify their water users. Each participating agency shall develop and maintain written procedures to identify and address the Agency’s specific use of the System within the scope of this policy guide. Each participating agency shall maintain a level of training for their users consistent with the County of Orange and Orange County Operational Area Alert and Warning Plan. Emergency Use Use of the Mass Notification System for emergency activity contains two components: (1) the need to disseminate critical, safety-related information to individuals regarding emergency events occurring now, follow up information regarding the event and termination of the emergency event., and (2) communicating with safety-responder staff, volunteers and involved parties about the emergency event. As a general rule, the System is to be used when the public is being asked to take some action (e.g. evacuate, prepare to evacuate, shelter in place, boil tap water before drinking, local assistance centers and other follow up information, re-entry to an area after evacuation orders have been lifted or termination of the emergency because the danger has passed). Emergency Public Notifications are limited to: 1. Imminent or perceived threat to life or property 2. Disaster notifications 3. Evacuation notices 4. Public health emergencies 5. Public safety emergencies 6. Any notification to provide emergency information to a defined community The following criteria should be utilized to assist with determining the need to issue an alert: 1. Severity. Is there a significant threat to public life and safety? 2. Public Protection. Is there a need for members of the public to take a protective action in order to reduce loss of life or substantial loss of property? 3. Warning. Will providing warning information assist members of the public in making the decision to take proper and prudent action? 4. Timing. Does the situation require immediate public knowledge in order to avoid adverse impact? 5. Geographical area. Is the situation limited to a defined geographical area? Is that area of a size that will allow for an effective use of the system, given the outgoing call capacity? 6. Are other means of disseminating the information inadequate to ensure proper and time delivery of the information? 7. Is the message being sent follow up information to an emergency event in progress? If the answer to ALL of these questions is “Yes”, then an activation of the Mass Notification System for emergency purposes may be warranted. To assist with trigger points for potential message use topics refer to Attachment A Orange County Operational Area Countywide Public Mass Notification System Standard Operating Procedures Page 5 of 13 Emergency Responder Notifications are limited to: 1. Contacting first responders to advise of an emergency 2. Contacting first responders to report for duty due to an emergency 3. Contacting key staff regarding an emergency or crisis situation 4. Contacting agency employees/DSWs to report at a different time or location (or provide an update) due to an emergency 5. Exercises Emergency considerations: 1. Notification shall clearly state situation is an emergency 2. Message length shall not exceed 60 seconds 3. It is highly recommended all messages are recorded using a real voice and not the computer transcriber. 4. Message shall have a call back number specific to the agency issuing the notification. 5. It is highly recommended to provide a phone number or website where the public can obtain additional or updated information 6. An all clear notification should be sent when applicable A. Inter-Department Communication City and County Agencies may use the Mass Notification System for non-emergency inter- departmental business communication as needed, without cost. It is recommended that individual Agencies identify where this would add value to their operations and establish separate written protocols and procedures for this use. B. Non-Emergency Public Use No agency shall use the Mass Notification System for non-emergency public announcements unless a separate contract with the vendor is established. Non-emergency use shall be consistent and in compliance with the non-emergency guidelines included within. Any agency in violation of this term may have their use of the system suspended. Additionally, E 911 data is not allowed to be utilized for non emergency use except for testing according to the law California Public Utilities Code (CPUC) sections 2872 and 2891.1 and violators may be subject to criminal enforcement. Jurisdictions will be limited to utilizing the self-registering portal entry data only when launching non-emergency messages. Agencies who contract to use the countywide System for non-emergency activity agree to give precedence to emergency notification call-outs by delaying or terminating non- emergency notification sessions if needed to increase emergency message success. The primary concern for point of failure in this situation is not the Mass Notification System, but the telephone port capacity of local phone providers responsible for delivering calls to residents. Cost associated with non-emergency public notifications is the responsibility of the local Agency, See section VIII.1 Non-emergency public notification use is prohibited for any of the following purposes: 1. Any message of commercial nature Orange County Operational Area Countywide Public Mass Notification System Standard Operating Procedures Page 6 of 13 2. Any message of a political nature 3. Any non-official business (e.g. articles, retirement announcements, etc.) 4. To send a message to an E911 obtained data source; see Section III, Governance, for additional information relating to E911 data use restrictions C. Confidentiality Agencies shall be responsible for: (i) ensuring that users maintain the confidentiality of all user login and password information; (ii) ensuring that users use the service in accordance with all applicable laws and regulations, including those relating to use of personal information; (iii) any breach of the terms of this policy or the vendor agreement by any user; (iv) all communications by users using the service; and (v) Ensuring users have completed an appropriate background check and undergone annual security awareness training. Protecting confidential information contained within the system against accidental or unauthorized use, modification, dissemination, or destruction. Immediately notifying the Orange County Sheriff’s Department of any security incident that could lead to the unauthorized access, use, modification, dissemination, or destruction of CI contained within the system. Through the “Memorandum of Understanding between the County of Orange and Participants for use of Countywide Mass Notification System,” each agency is bound in writing to the confidentiality obligations sufficient to permit agencies to fully perform its obligations under this policy or the vendor agreement. VI. AUTHORIZED SYSTEM USERS A. Public Notifications In general, use of the system in most cities is the responsibility of the local law enforcement agency. Since law is responsible to make alert, notification and evacuation orders. However, others may also be authorized to make notifications will be officials including , emergency management, fire and city manager departments. County Administrator: The Orange County Sheriff’s Department will act as the Countywide Public Mass Notification System County Administrator. County Administrator responsibilities are covered in section IX. System Administration and Operation. County User: Orange County Sheriff’s Department Emergency Communication Division (9- 1-1 dispatch), Control One and Emergency Management Division personnel will be setup as “County” users. County Users will have permission to access and launch emergency notifications to all jurisdictions within Orange County consistent with County Operational Area public safety response guidelines. All other county agencies will have permission to execute inter department notifications. The Orange County Emergency Operations Center, when activated will be responsible for all public notifications to unincorporated areas during an emergency. For day to day use of the system for public safety incidents including but not limited to hazmats, felony crimes with Orange County Operational Area Countywide Public Mass Notification System Standard Operating Procedures Page 7 of 13 suspects still at large, the Orange County Sheriff’s Department Commander will be responsible for execution of messages. Local Agency Administrator: A minimum of one designated Local Agency Administrator will be required for each Agency participating in the countywide System. Local Agency Administrator responsibilities are covered in section IX. System Administration and Operation. Local Agency User: Participating Agencies may have an unlimited number of Local Agency Users. Local Agency Users will have access to resident contact records within their jurisdiction as well as neighboring jurisdictions with an established MOU agreement. Local Agency Users will be authorized and managed by the Local Agency Administrator and may have varied system permissions. Any City jurisdiction who has contracted police services shall grant and provide access to their jurisdictions system in order to launch messages in a timely manner. • Water agencies are identified as local users under the Orange County Sheriff’s Department Emergency Management Division. Inter-Department User: Inter-departmental users will have permission to inter-departmental contact information only and are authorized to use the system solely for inter-departmental communication including but limited to first responder or volunteer call-outs. Additional user for special contact groups including In House Special Services (IHSS), access and functional need cliental may be established with prior authorization from the Orange County Sheriff’s Department to ensure no vendor contract violations are occurring. VII. ACTIVATION OF THE SYSTEM Each City Jurisdiction is responsible for launching messages to affected citizens and businesses within their jurisdiction. Determination of authority to request activation of the Mass Notification System rest with local officials, not with the County of Orange or the Orange County Sheriff’s Department Emergency Management Division. Water agencies are responsible for launching messages to affected citizens and businesses as identified in their service district. The following is protocol to be followed when an emergency message is launched anywhere in Orange County. A. Public Notifications 1. The County of Orange is authorized to use the System to send notifications of regional emergencies to any and all residents within the Operational Area (example: Countywide quarantine order for a health alert). Upon sending a countywide notification, Orange County Sheriff’s Department Emergency Management Division will, as soon as possible, advise the appropriate local Agency that mass notifications have been sent by the County to residents of their cities. Pre-notification to emergency managers by email or WebEOC of this AlertOC activation before actual delivery of the message will occur if possible. 2. Other than regional emergency notifications, public notifications are the responsibility of the individual City/Local Government. In the event that the geographical location of an incident requires a message to be delivered to multiple jurisdictions, the responsible Agency will inform each individual Agency so that they can send the message to those Orange County Operational Area Countywide Public Mass Notification System Standard Operating Procedures Page 8 of 13 affected within their own jurisdiction. Exception: Small unincorporated neighborhoods embedded within City limits will receive mass notification of local city emergency activity from City Officials. This does not include the unincorporated areas of Rossmoor, Midway City, Cowan Heights, Lemon Heights, all canyons, Coto de Caza and Trabuco Canyon areas. Any of the fore mentioned unincorporated areas by names, coordination will have to occur with the Orange County Sheriff’s Department/Watch Commander when the EOC is not activated. 3. For a City wishing to send or receive messages to or from a neighboring Agency during time of a multi-jurisdictional incident, an MOU should be established between both parties that grants permission for the handling Agency to send emergency notification to residents within the affected Agency. (Exception will be made for cities who have contracted law enforcement services. No MOU will be required and access SHALL be granted). a. In the event no MOU has been established, the local city agency will contact the Police Watch Commander who is the 24 hour warning point for all cities for approval and coordination. 4. Water agencies sending information to the public will do so only to pre-loaded GIS shape files containing their service areas. This procedure must occur due to the overlapping jurisdictional boundary areas. Water agencies will launch messages under the Orange County user account. Pre-notification to the Water Emergency Response of Orange County (WEROC) emergency manager, and impacted city emergency managers will occur prior to the launch of the message by email containing the AlertOC message before actual delivery of the message will occur. a. The WEROC Emergency Manager is responsible to notify and provide the information to the OA/County Emergency Manager since the identification information will show the County of Orange as the initiator. 5. In the event a participating Agency is unable to send out an emergency message, the Orange County Control One Coordinated Communications Center is available to act on the local Agency’s behalf. Agencies that do not have a current MOU with the County may also request Control One to send out an emergency message. Control One will not be available to send internal notifications. All rules and guidelines are applicable. It is still the responsibility of the local agency with the primary responsibility of the incident to receive approval for adjacent jurisdictions on multi jurisdictional events. Attachment B is the launch form containing all information required in order to launch a message. Authority to request mutual aid assistance from Control One must be requested by a Lieutenant or above (same protocols as requesting a Code Alex). 6. If the Operational Area EOC is activated, agencies may request to utilize the Orange County Information Hotline 714-628-7085 as the identification phone number for residents and businesses to call to obtain additional information. Agencies are requested to send a copy of the AlertOC script to the OA EOC before the message is launched, if possible. 7. Participating Agencies are authorized to develop pre-established notification lists and messages to meet their individual needs. These lists may include special populations (e.g. in-home care, schools, etc) or those susceptible to certain risks (e.g. homes within dam inundation zone). It is the responsibility of the participating Agency to create, maintain and update these lists. Orange County Operational Area Countywide Public Mass Notification System Standard Operating Procedures Page 9 of 13 B. Emergency Response and Inter-Department Notifications: 1. Each participating Agency is authorized to create employee/volunteer and department call lists and pre-recorded messages. 2. Any non-city agency wishing to create specialty groups which still contain public contact information (ex: special needs callouts) may do so with prior consent. However, any activation of information to any of these groups needs to be coordinated to ensure clear, concise and accurate information is being dispersed. During emergencies, messages will be coordinated with the Operational Area, Orange County Sheriff’s Department Emergency Management Division. 3. It is the sole responsibility of each participating Agency to maintain these lists and to launch notifications as deemed necessary. VIII. COSTS The County of Orange agrees to fund the System for notifications classified as “emergency use”. The County of Orange also agrees to continue to purchase updated E911 telephone data and geographic maps. Costs associated with use of the System for non-emergency activity is the responsibility of the local Agency through separate contract with the mass notification Vendor. IX. SYSTEM ADMINISTRATION/OPERATIONS Individual Agencies are responsible for providing logins and procedural training to key individuals within their Agency responsible for using the Mass Notification System. A. County Administrator The Orange County Sheriff’s Department will assign and maintain a designated Mass Notification Program Administrator responsible for overall acquisition, accessibility, maintenance, compliance and management of all components required to provide an effective countywide mass notification system. The County Administrator is responsible for: 1. System acquisition and contract management. 2. Policy management and as needed modification (in consultation with public safety, emergency management and emergency response personnel.) 3. Audit compliance: routine monitoring of System use to insure policy and contract compliance. 4. Access management: record management of signed MOU from each participating Agency, distribution of local administrator accounts and updated local administrator contact list. 5. Data management: E911 data acquisition, update and compliance monitoring. Countywide map file acquisition, update and overall geo-coding. 6. Testing: facilitate routine System-wide test exercise, document overall test results and recommend and execute, as needed, corrective action at the County level. 7. Public education campaign: initiate and facilitate public education campaign aimed at making the public aware of the countywide public mass notification system initiative and citizen web portal. Orange County Operational Area Countywide Public Mass Notification System Standard Operating Procedures Page 10 of 13 8. System support: provide support to Local Agency Administrators. B. Local Agency Administrator Participating Agencies agree to appoint a designated Mass Notification Local Administrator responsible for leading, coordinating, monitoring and optimizing use of the Mass Notification System at the local level. Local Agency Administrator shall act as the Agency’s central point of contact and will work collaboratively with the County Administrator to insure local use of the system is within policy and MOU guidelines. Local Agency Administrator is responsible for: 1. Contract acquisition if Agency will use the system for non-emergency purposes. 2. Local Agency Mass Notification Operating Procedure development and management. 3. Use compliance: routine monitoring to ensure System is used within the conditions and terms of this document and associated MOU. 4. Access management: local user account distribution and management, including an annual audit of accounts; attestation that all admins & end-users are authorized to continue accessing the system. Record management of MOU(s) and signed end user P&P. 5. Data management: perform routine data management, error-correcting and data integrity updates to System contact and geo-coded map data. 6. Testing: facilitate routine local System test exercise, document local test results and recommend and execute, as needed, corrective action at the local level. 7. Public education campaign: initiate and facilitate public education campaign aimed at making the local community aware of the intended use of the Mass Notification System and citizen web portal. 8. System support: provide support to local Agency end-users. 9. Training: ensuring end users complete security awareness training that covers at a minimum the following areas: proper protection, handling, dissemination, and destruction of confidential information (CI); threats, vulnerabilities, and risks associated with handling of CI; social engineering; system responsibilities and expected behavior; account usage and management – including password creation, protection, and frequency of changes; system usage – allowed vs. prohibited; incident response; physical security; email protection – phishing threats and business account compromise 10. Incident Response: Local Agency Administrator is responsible to immediately notify OCSD of any incidents that could lead to the unauthorized or accidental use, modification, disclosure, or destruction of any information contained within the system. X. INFORMATION SYSTEMS AND SUPPORT The Orange County Sheriff’s Department will acquire and maintain 24x7x365 vendor support for the Mass Notification System. Participating Agencies are authorized to contact vendor support as needed. XI. ROUTINE TESTING The Mass Notification System will be tested monthly. Monthly testing will be geared towards insuring that use of the System in an emergency is optimized and users are familiar with operation. Orange County Operational Area Countywide Public Mass Notification System Standard Operating Procedures Page 11 of 13 The Mass Notification System will have an annual regional test. This includes testing operational readiness, activation procedures and system effectiveness as well as validating data and system processes. Through the annual test exercise, System administrators and users will be able to observe the mode of operation to augment and refresh System and process knowledge. Specific test exercise routines, roles, responsibilities and schedule will be detailed in the Operational Area Standard Operating Procedure document. By signing the Mass Notification System MOU, participating Agencies agree to take part in Mass Notification countywide test exercises. XII. DEFINITIONS 1. System – All components of the Mass Notification System including hardware, software, access portals, contact data and GIS maps. 2. Resident – Comprises households and businesses. 3. IVR – Interactive Voice Response is a phone technology that allows a computer to detect voice and touch tones using a normal phone call. This technology will allow a user of the Mass Notification System to launch a message to a pre-defined call list when a pc or internet connection is not available. 4. Emergency - “Emergency” shall include, but not be limited to, instances of fire, flood, storm, epidemic, riots, or disease that threaten the safety and welfare of the citizens and property located within the boundaries of the county and participants’ respective jurisdictions. Orange County Operational Area Countywide Public Mass Notification System Standard Operating Procedures Page 12 of 13 Revision History: Revision Date Author Description April 18, 2008 PMNS Policy Committee Document originated May 19, 2008 PMNS Executive Review Team Non-emergency session termination in Section V., Item C. June 16, 2008 Teara LeBlanc Exception clause in Section VII, Item A., bullet 2. May 2010 Vicki Osborn Revision of all sections June 2012 Raymond Cheung Revision for OCSD transition May 2013 Raymond Cheung Revision for new vendor contract May 2016 Raymond Cheung Added confidentiality item to Section V., Item C. and allowed non-emergency use in Section V., Item B. and Section VIII. June 2021 Harmon Ward Revision for new contract Revision of Sections II, III, IV, V, IX, and XI. Orange County Operational Area Countywide Public Mass Notification System Standard Operating Procedures Page 13 of 13 Attachment A – Alert OC Trigger Points Guidelines (Placeholder) Type of Incident Description Meets Public Safety Criteria Active Shooter A shooting with armed individual or individuals is occurring in a known area. Yes Boil Water Orders An unsafe water supply issue requiring the public to boil water before use. Yes Building Fire A fire occurring in an urban area requiring evacuation or shelter in place for the immediate area. Yes Violent Crimes Violent crimes that just occurred such as robbery, assault, murder, etc. Yes Felony Suspect at Large Law enforcement is currently searching for a felony suspect that is suspected to be in a certain area. Yes HazMat Hazardous Materials incidents that require a fire/hazmat response and may include evacuations or shelter-in-place orders. Yes Health Orders Any public health order made pursuant to County Health Officer recommendations. Yes Missing Adult (920A) with special circs 12- 17 yrs with decreased mental capacity or medical condition Yes Missing Child (920C) 12 yrs or younger ***Discussion add Amber alert triggers Yes Missing Juvi (920J)with special circs 18 yrs and older 12- 17 yrs with decreased mental capacity or medical condition Yes Severe Weather Related Weather warnings that forecast an occurring or imminent threat to public safety or coincide with protective action recommendations such as voluntary or mandatory evacuation orders. Yes Evacuation or Shelter-in-Place Voluntary or mandatory evacuation or shelter-in-place orders. Yes Wildland Fire A fire occurring in a wildland urban interface area requiring immediate evacuation or shelter-in-place. Yes Road Closures Unplanned road closures due to an emergency situation. Yes Planned Events Road closures due to community events planned in advance. No NONDISCLOSURE AGREEMENT NONDISCLOSURE AGREEMENT BETWEEN PACIFIC BELL TELEPHONE COMPANY dba SBC CALIFORNIA, AND THE COUNTY OF ORANGE. CALIFORNIA THIS AGREEMENT. effective this 26th day of June, 2008, ("Effective Date") is between PACIFIC BELL TELEPHONE COMPANY dba sac CALIFORNIA, a California corporation (hereinafter .SBC California"), County of Orange (hereinafter .Customer") and NTI Group, Inc. (hereinafter .Subcontractor"). 1. Customer has requested Neighborhood Call service from sac California under sac California's Tariff, CAL.P.U.C. NO. A9.2.6 and agrees to comply with all provisions of sac California's Tariff, CAL.P.U.C. NO. A9.2.6. Customer has identified Subcontractor as its agent for obtaining Neighborhood Call subscriber information from sac California for provision of comrnunity alerts and notifications to citizens as defined in California Public Utilities Commission Code Sections 2872 and 2891.1 and as allowed in sac California's Tariff, CAL.P.U.C. NO. A9.2.6. In the event Customer elects to no longer use Subcontractor for obtaining Neighborhood Call subscriber information, Customer shall provide sac California written notice of such change 30 days in advance of Subcontractor's agency status being terminated by Customer. Subcontractor certifies that it has reviewed the terms and conditions of the sac California Tariff, CAL. P.U.C. NO. A9.2.6 for Neighborhood Call and specifically A9.2.6B.2.b which stipulates in part: .The Neighborhood Call database information provided to Customer pursuant to this tariff is confidential and proprietary and such information will be held in confidence and only used and disclosed to Customer's employees or its subcontractors and agents with a need to know for purposes of providing a community alert and notifications to citizens as defined in California Public Utilities Code Sections 2872 and 2891.1. Customer agrees that each of its employees, subcontractors or agents receiving or having access to the Neighborhood Call database information will be informed that such information is subject to the terms and conditions of this tariff and the Neighborhood Call database information will remain the property of Pacific; that the Neighborhood Call database information will be treated with the same degree of care as Customer affords to its own highly confidential and proprietary information; and that the Neighborhood Call database information will not be reproduced in any manner, unless otherwise specifically authorized in writing by Pacific. Upon request, Customer will promptly return to Pacific all Neighborhood Call database information in a tangible form or certify to Pacific that such information has been destroyed." Subcontractor agrees to comply with each of the obligations contained in sac California's Tariff, CAL. P.U.C. NO. A9.2.6.B.2.b for Neighborhood Call Tariff. Notwithstanding the preceding sentence, Subcontractor agrees that no Neighborhood Call subscriber information will shared with any non-employee of Subcontractor, whether it be a subcontractor or agent, without the written authorization of Customer and the execution of a Nondisclosure Agreement with sac California. This Nondisclosure Agreement shall be in effect from the Effective Date until such time that Customer terminates its request for Neighborhood Call service from sac California or Custorner elects to no longer use Subcontractor for obtaining Neighborhood Call subscriber information. Subcontractor's duty to keep the Neighborhood Call subscriber information confidential shall continue beyond the term of this Nondisclosure Agreement until such time that Subcontractor returns to sac California all Neighborhood Call subscriber information in a tangible form or certifies to sac California that such information has been destroyed. Nothing contained in this Nondisclosure Agreement shall license or otherwise in any Information. This Nondisclosure Agreement shall benefit and be binding upon the parties hereto and their respective subsidiaries, affiliates, successors and assigns. This Nondisclosure Agreement shall be governed by and construed in accordance with the laws of the State of 2. 3. 4. 5. 8. 1. 8. California, irrespective of its choice of laws principles. be construed as granting or conferring any rights by [SIGNATURE PAGE FOllOWS] XXX)( (Customer) r ----- Print Name: Title Proaram Manaaer Date Signed: June 30. 2008 2 Public Mass Notification System Individual User Agreement 1. __________________________(hereinafter “USER”) is an agent, officer, employee or representative of __________________________, (hereinafter “PARTICIPANT”). 2. PARTICIPANT is a signatory to a Memorandum of Understanding (“MOU”) between with the County of Orange (“COUNTY”) for Use of Countywide Mass Notification System (“SYSTEM”). 3. As an agent, officer, employee or representative of PARTICIPANT, USER has been granted access to the System by PARTICIPANT and is deemed an Individual User under the MOU. 4. USER understands that as an Individual User, USER may only use the SYSTEM in the manner described in the MOU, the Everbridge GSA Approved End User License Agree ment, and in accordance with the requirements of the law. . 5. By signing this Individual User Agreement, USER hereby further expressly agrees to the do following things: a) to maintain the confidentiality of login and password information; b) to use the System in accordance with all applicable laws and regulations, including those relating to use of personal information; c) to be responsible for any breach of the terms of the Agreement with Everbridge and/or the MOU between PARTICIPANT and COUNTY caused by the Individual User; and d) to maintain the confidentiality of all records and information to which the Individual User may have access as a result of their access to the System pur suant to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term of this MOU; and e) that all information transmitted and the use of the SYSTEM by USER shall be in compliance with California Public Utilities Code section 2872. 6. USER also acknowledges having been provided the opportunity to review the GSA Approved End User License Agreement with Everbridge, the MOU and California Public Utilities Code section 2872 , prior to signing this Individual User Agreement, and hereby agrees to abide by both the letter and intent of t hose documents. 7. USER may withdraw their consent to terms contained within this Individual User Agreement at any time by notifying PARTICIPANT in writing. USER acknowledges, however, that withdrawing USER’s consent will result in immediate termination of USER’s right and ability to access the SYSTEM. By signing this Individual User Agreement, USER acknowledges having thoroughly read the foregoing, and hereby consents and agrees to the above terms and conditions. Dated: __________________ _____________________________________ Signature _______________________________________ Printed Name _______________________________________ Email Address Agenda Item G AGENDA STAFF REPORT DATE:September 13, 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 Agreement with the Orange County Intelligence Assessment Center ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7190: 1. Approving the Memorandum of Agreement with the Orange County Intelligence Assessment Center assigning the Seal Beach Police Civilian Investigator, in a part-time basis, to the Intelligence Assessment Center; and, 2. Authorizing the City Manager to execute the Agreement. BACKGROUND AND ANALYSIS: The Orange County Intelligence Assessment Center (OCIAC) provides an integrated, multi-disciplined information and intelligence sharing network to collect, analyze, and disseminate information on all criminal risks and safety threats to law enforcement, fire, health, private sector and public sector stakeholders in a timely manner. OCIAC protects residents, visitors, and critical infrastructure while ensuring the civil rights and civil liberties of all persons are recognized. FUSION CENTERS OCIAC operates as a fusion center. A fusion center is a collaborative effort of two or more agencies that provide resources, expertise, and information to the center with the goal of maximizing their ability to detect, prevent, investigate, and respond to criminal and terrorist activity. The primary focus of OCIAC is intelligence processes, where information is collected, integrated, evaluated, analyzed, and disseminated. Data fusion involves the exchange of information from different sources including law enforcement, public safety, health care and the private sector. Relevant and Page 2 1 0 8 1 actionable intelligence results from analysis and data fusion. The fusion process helps agencies be proactive and protect communities. In 2006, President George W. Bush approved the establishment of a national integrated network of state and major urban area information fusion centers. The U.S. Department of Homeland Security (DHS) and the Federal Bureau of Investigation (FBI) deployed personnel to work within fusion centers. Guidelines have been developed to ensure that fusion centers are established and operated consistently, resulting in enhanced coordination, strengthened partnerships, and improved crime-fighting and anti-terrorism capabilities. State and regional fusion centers enable local, state, and Tribal governments to gather, process, analyze, and share information and intelligence relating to all types of crimes and hazards. Fusion centers communicate, cooperate, and coordinate with each other and with the federal government. These centers: Contribute information to ongoing federal and national-level terrorist risk assessments and complete statewide, regional, or site-specific and topical risk assessments Disseminate federally generated alerts, warnings, and notifications regarding time-sensitive threats, situational awareness reports, and analytical products. Gather, process, analyze, and disseminate locally generated information, such as Suspicious Activity Reports. Produce or interpret intelligence products relevant to stakeholders. Protect civil liberties and privacy interests of American citizens throughout the intelligence process. ORANGE COUNTY INTELLIGENCE ASSESSMENT CENTER (OCIAC) The OCIAC fusion center was formed in 2007 to meet the need for information sharing among federal, state and local law enforcement agencies and other public safety disciplines in the region. OCIAC was built on the foundation established by the Orange County Sheriff's Department Terrorism Early Warning Group, which operated from 2001 to 2007, and is an Operational Area asset. Direct responsibility for the overall policy and direction of OCIAC rests with the Orange County Sheriff-Coroner in close coordination with the Orange County Chiefs of Police and Sheriff's Association. The Orange County Sheriff's Department provides a Lieutenant to act as the Director of day-to-day operations. The staff at the center is comprised of valued partners from federal, state, and local organizations. OCIAC is a certified U.S. Department of Homeland Security-designated local fusion center that adheres to the policies and procedures of federal, state, and local regulators. Anti-terrorism is OCIAC's primary focus, though it also devotes resources to crime analysis on a case-by-case basis. OCIAC is composed of four units: Page 3 1 0 8 1 Critical Infrastructure Protection Unit Terrorism Liaison Officer Unit/Shield Analysis Unit Intelligence Unit The Critical Infrastructure Protection (CIP) Unit's primary focus is prevention. The CIP unit is tasked with identifying locations of criticality and planning multi- agency/discipline prevention, deterrence, mitigation and response efforts. The Cyber Liaison Officer (CLO) program operates in an inclusive culture of information sharing that serves to enhance the overall understanding of cyber incidents that first responders may be expected to respond to. In order to better understand the threat landscape, CLOs are encouraged to report cyber incidents to OCIAC. The Terrorism Liaison Officer (TLO) Program improves information sharing and communication capability between law enforcement, fire, and health as well as private and public sector partners. The Analysis Unit's primary function is the collection, evaluation, analysis and dissemination of criminal and intelligence data. Additionally, it creates timely and accurate analytical products that are disseminated to information/intelligence consumers at the local, state and federal level. The information collected is processed to support efforts that address immediate and/or emerging threat- related circumstances and events. The Intelligence Unit is the primary OCIAC representative on all criminal intelligence matters. Its duties include the coordination, monitoring and overseeing of homeland security related incidents. The Intelligence Unit does not ordinarily perform enforcement activities but rather is a source of intelligence and investigative assistance for the operational unit. SEAL BEACH POLICE CIVILIAN INVESTIGATOR (PCI) As a result of the Seal Beach Police Department Reorganization Plan (DRP) approved by the City Council on September 14, 2020, the position of Police Civilian Investigator (PCI) was created to help address inefficiencies within the Detective Bureau. The PCI is responsible for Court Liaison duties and also serves many of the same functions as a sworn Detective. These functions include the investigation of open criminal felony/misdemeanor cases, review of crime and arrest reports, preparation of follow-up reports, submission of complaint packages to the District Attorney for filing consideration, and testifying in court as necessary. The PCI maintains a professional working relationship with many federal, state, and local agencies. The purpose of the PCI position is to augment the Seal Beach Police Detective Bureau at a fraction of the cost compared to a traditional Detective position, which is held by sworn police officers. This position provides critically needed Page 4 1 0 8 1 investigative capacities to a significantly overburdened unit while keeping patrol officers out of the office and in the field. SEAL BEACH POLICE DEPARTMENT AND OCIAC PARTNERSHIP The Seal Beach Police Department (SBPD) has been invited to be a participating member of OCIAC once again, as the 2008 partnership was eliminated due to SBPD staffing issues. By assigning the PCI in a part-time capacity (one day a week) to OCIAC’s Analysis Unit, not only will the Orange County region benefit from the PCI’s training and experience, but the City of Seal Beach will also greatly benefit by: Giving SBPD an increased capability to vet intelligence and investigate crimes through access to additional technology capabilities and law enforcement databases. o OCIAC subscribes to many tools that the SBPD does not currently have access to nor the financial capabilities of purchasing. These additional capabilities and databases will ultimately provide SBPD with additional resources that SBPD cannot currently access. Prioritizing the analysis of Suspicious Activity Reports (SARs) related to Seal Beach incidents. o Suspicious activity within Seal Beach is sent to OCIAC for analysis by officers as it occurs. When a report is received by OCIAC it is prioritized before being fully evaluated. The PCI would be able to prioritize the analysis of local activity while at OCIAC. Obtaining resources to help during the pre-planning stages of special events city-wide. o OCIAC currently offers resources to local, state, and federal agencies on an as needed and as applicable basis. However, becoming a participating member of OCIAC would allow access to planning resources in a proactive, rather than reactive, capacity. Encouraging professional development of the PCI through networking opportunities with federal agencies. o This joint effort will allow for vast networking with local, state, and federal agencies. Often in law enforcement these relationships become the greater resource from which to draw upon. Allowing for professional development of the PCI through specialized training including exclusive training opportunities offered through OCIAC. o OCIAC is privy to many exclusive, and often free, training opportunities that are not generally offered or available to local agencies. Not only is this training valuable to the PCI as professional development, but these skills can be brought back to SBPD and shared with other members of the department, allowing additional personnel to benefit. Enhancing Critical Infrastructure Protection (CIP) Analysis capabilities and Terrorism Liaison Officer’s increase in capabilities. Page 5 1 0 8 1 o Currently the City of Seal Beach is home to a number of critical infrastructures, i.e. the Seal Beach Naval Weapons Station, Boeing, the Seal Beach Pier, McGaugh Elementary School, etc. As a result of this partnership, the PCI will have direct access to the CIP unit and efforts to obtain analysis of these facilities will be a top priority. The term of the memorandum of agreement will commence upon approval by the Parties’ governing bodies and will extend until terminated by all the Parties or upon expiration of the separate real property license agreement between the County of Orange and City of Orange, whichever occurs first. 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: There is no financial impact for this item. STRATEGIC PLAN: This item is not applicable to the City Council strategic goals adopted March 5, 2020. 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 7190: 1. Approving the Memorandum of Agreement with the Orange County Intelligence Assessment Center assigning the Seal Beach Police Civilian Investigator to OCIAC; and, 2. Authorizing the City Manager to execute the Agreement. Page 6 1 0 8 1 SUBMITTED BY: NOTED AND APPROVED: Philip L. Gonshak Jill R. Ingram Philip L. Gonshak, Chief of Police Jill R. Ingram, City Manager Prepared by: Nick Nicholas, Operations Bureau Lieutenant ATTACHMENTS: A. Resolution 7190 B. Memorandum of Agreement C. Memorandum of Agreement Appendix A RESOLUTION 7190 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A MEMORANDUM OF AGREEMENT WITH THE ORANGE COUNTY INTELLIGENCE ASSESSMENT CENTER WHEREAS The City Council hereby approves the Memorandum of Agreement between the Orange County Intelligence Assessment Center AND the City of Seal Beach; and, WHEREAS The Orange County Intelligence Assessment Center (OCIAC) provides an integrated, multi-disciplined information and intelligence sharing network to collect, analyze, and disseminate information on all criminal risks and safety threats to law enforcement, fire, health, private sector and public sector stakeholders in a timely manner. OCIAC protects residents, visitors, and critical infrastructure while ensuring the civil rights and civil liberties of all persons are recognized; and, WHEREAS The Seal Beach Police Department (SBPD) has been invited to be a participating member of OCIAC; and, WHEREAS The City of Seal Beach will greatly benefit by the SBPD Police Civilian Investigator (PCI) participating in OCIAC by allowing for an increased capability to vet intelligence; prioritizing the analysis of Suspicious Activity Reports related to Seal Beach incidents; obtaining resources to help during the pre- planning stages of special events city-wide; encouraging professional development of the PCI, and enhancing SBPD’s Critical Infrastructure Protection Analysis capabilities; and, WHEREAS The term of the memorandum of agreement will commence upon approval by the Parties’ governing bodies and will extend until terminated by all the Parties or upon expiration of the separate license agreement between the County of Orange and City of Orange, whichever occurs first. 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. 6 2 0 2 PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of September, 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 7190 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of September, 2021. Gloria D. Harper, City Clerk APPENDIX A - MEMORANDUM OF AGREEMENT AMONG PUBLIC AGENCIES JOINING IN THE ORANGE COUNTY INTELLIGENCE ASSESSMENT CENTER (OCIAC) PURPOSE: This document effects the joining by the: City of Seal Beach in the Memorandum of Agreement among the public agencies participating in OCIAC to assist in accomplishing the mission of OCIAC which is to provide an integrated, multi-disciplined, information and intelligence sharing network to collect, analyze, and disseminate information on all criminal risks and safety threats to law enforcement, fire, health, private sector and public sector stakeholders in a timely manner in order to protect the residents, visitors, and critical infrastructure of Orange County. AGREEMENT: The Joining Party agrees to abide by all provisions and assume all obligations and responsibilities of the MOA, including any formal changes and any administrative, technical, and operational resolutions in effect at the time of execution (as to which the Joining Party acknowledges being provided copies or other adequate notice). In return, the Joining Party shall also be considered a party and shall have the same rights and privileges as the original parties. POINT OF CONTACT: The Joining Party's POC is: Name and Title: Philip L. Gonshak, Chief of Police Office Phone: Cell: Fax: Email: Address: COSTS: Unless otherwise agreed in writing, the Joining Party shall bear its own costs in relation to the MOA. EFFECTIVE DATE/DURATION/TERMINATION: This document shall take effect when completed and signed by the Joining Party's duly authorized representative and countersigned by the Sheriff-Coroner, the Parties’ Police Chiefs, and the Fire Authority Chief as authorized by Paragraph 1 of the MOA. Thereafter, duration and termination of the Joining Party's participation in the MOA shall be as provided in the MOA. FOR THE JOINING PARTY: Signature: _______________________________________________________ Name: Philip L. Gonshak __________________________________________________________ Title: Chief of Police ___________________________________________________________ Agency: Seal Beach Police Department Date: __________________________________________________________ Agenda Item H AGENDA STAFF REPORT DATE:September 13, 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 FY 2020-2021 Arterial Street Resurfacing Program (Marina Drive), CIP ST2103 ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7191: 1. Accepting the FY 2020-2021 Arterial Street Resurfacing Program (Marina Drive), CIP ST2103, by Sialic Contractors Corporation dba Shawnan in the amount of $555,655.90; and, 2. Approving Budget Amendment BA 22-03-01 in the amount of $25,500 for the FY 2020-2021 Arterial Street Resurfacing Project (Marina Drive), CIP ST2103; and, 3. 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 FY 2020-2021 Arterial Street Resurfacing Program (Marina Drive) consisted of grinding the existing pavement and installing an asphalt overlay to Marina Drive from 1st Street to Pacific Coast Highway as identified in the 2020 Pavement Management Program report. On April 12, 2021, the City Council adopted Resolution 7138, and awarded a contract to Sialic Contractors Corporation dba Shawnan for the Project in the amount of $505,882. Resolution 7138 additionally established a project budget of $575,882. In an effort to rehabilitate Marina Drive in its entirety from Pacific Coast Highway to the Marina Drive Bridge, contract contingency was utilized to increase the project scope which originally ended at 1st Street. The timely decision to increase Page 2 1 0 8 4 scope was necessary to coordinate the street improvements by Shea Homes for the Ocean Place development at the intersection of 1st Street and Marina Drive. Coordinating these efforts was instrumental in ensuring a quality road for all modes of transportation. 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. 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 project budget including construction cost, design, contingency, and inspection totaled $575,882. During construction, the project limits were extended to adapt the field changes brought about by Shea Homes’ street resurfacing scope for Ocean Place. This timely scope increase allowed the entirety of Marina Drive to be repaired for a seamless drive at a reduced cost that avoided remobilization for the remaining 20,000 square feet of roadway. The increased paving quantity resulted in a budget exceedance of $25,500. Budget Amendment BA 22-03-01 will allocate $25,500 from the Gas Tax fund balance to cover the shortfall. Description Account Revised/ Adopted Budget Proposed Budget Budget Amendment Gas Tax Program - Capital Project Expenditures 210-500-0090- 55000 CIP Project ST2103 $575,882 $ 601,382 $ 25,500 The table below presents a breakdown of the total Project cost: Page 3 1 0 8 4 Description Amount Construction Contract Budget $ 505,882.00 Construction Change Orders $ 49,773.90 Design $ 30,747.41 Inspection $ 14,978.69 Total Project Cost $ 601,382.00 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 7191: 1. Accepting the FY 2020-2021 Arterial Street Resurfacing Program (Marina Drive), CIP ST2103, by Sialic Contractors Corporation dba Shawnan in the contract amount of $555,655.90; and, 2. Approving Budget Amendment BA 22-03-01 in the amount of $25,500 for the FY 2020-2021 Arterial Street Resurfacing Project (Marina Drive), CIP ST2103; and, 3. 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. SUBMITTED BY: NOTED AND APPROVED: Steve Myrter Jill R. Ingram Steve Myrter, P.E., Public Works Director Jill R. Ingram, City Manager Prepared by: Denice Bailey, Assistant Engineer Page 4 1 0 8 4 ATTACHMENTS: A. Resolution 7191 B. Notice of Completion RESOLUTION 7191 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ACCEPTING COMPLETION OF THE FY 2020-2021 ARTERIAL STREET RESURFACING PROJECT (MARINA DRIVE), CIP ST2103, 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 FY 2020-2021 Arterial Street Resurfacing Project (Marina Drive), CIP ST2103 (the “Project”) by Sialic Contractors Corporation dba Shawnan in the amount of $555,655.90 for the work performed. Section 2. The City Council hereby approves Budget Amendment 22-03-01 allocating $25,500 for the Project as follows: Description Account Revised/ Adopted Budget Proposed Budget Budget Amendment Gas Tax Program - Capital Project Expenditures 040-090-49605 CIP Project ST2103 $575,882 $ 601,382 $ 25,500 Section 3. 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 13th day of September, 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 7191 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of September, 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 July 22, 2021. The work was FY2020-2021 Arterial Street Resurfacing Program, CIP No. ST2103. 6. The name of the contractor(s), if any, for such improvement was: Sialic Contractors Corporation dba Shawnan. 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: Marina Drive. 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 Agenda Item I AGENDA STAFF REPORT DATE:September 13, 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 City Hall HVAC Replacement Project, CIP BG2001 ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7192: 1. Accepting the City Hall HVAC Replacement Project, CIP BG2001, by ACCO Engineered Systems, Inc. in the amount of $336,627.38; 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 City Hall rooftop HVAC system that serviced the main building reached the end of its serviceable life making it increasingly difficult and costly for the City to maintain system operations and reliability. Accordingly, the City Hall HVAC Replacement Project, BG2001, was budgeted in the FY 2020-2021 Capital Improvement Program. On July 27, 2020, the City Council adopted Resolution 7057, which awarded a construction contract to ACCO Engineered Systems, Inc. for the Project in the amount of $317,137.49, and established a construction contingency not-to-exceed amount of $32,000. A change order was issued in the amount of $19,489.89 to address the condensing and fan coil units serving the Planning Office and Traffic Management Center. The Project was inspected, meets all standards and requirements within the Project specifications, and has been completed to the satisfaction of the City Engineer. It is requested that the City Council formally accept the Project and direct staff to file a Notice of Completion with the Orange County Clerk’s Office, and Page 2 1 0 7 8 release the retention 35 days after recordation of the Notice of Completion contingent upon no claims being filed on the Project. ENVIRONMENTAL IMPACT: This Project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301 Class 1 Subsection (d). 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 $349,137.49. The table below presents a breakdown of the total construction Project cost: Description Amount Construction Base Bid Items $ 317,137.49 Contract Change Orders $ 19,489.89 Project Cost $ 336,627.38 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 7192: 1. Accepting the City Hall HVAC Replacement Project, CIP BG2001, by ACCO Engineered Systems, Inc. in the amount of $336,627.38; 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. Page 3 1 0 7 8 SUBMITTED BY: NOTED AND APPROVED: Steve Myrter Jill R. Ingram Steve Myrter, P.E., Director of Public Works Jill R. Ingram, City Manager Prepared by: Iris Lee, Deputy Public Works Director/City Engineer ATTACHMENTS: A. Resolution 7192 B. Notice of Completion RESOLUTION 7192 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ACCEPTING COMPLETION OF THE CITY HALL HVAC REPLACEMENT PROJECT, CIP BG2001, 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 City Hall HVAC Replacement Project (Project), CIP BG2001, by ACCO Engineered Systems, Inc. in the amount of $336,627.38 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 13th day of September 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 7192 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of September 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 July 23, 2021. The work was City Hall HVAC Replacement Project, CIP BG2001. 6. The name of the contractor(s), if any, for such improvement was: ACCO Engineered Systems, Inc. The date of the Contract Award was July 27, 2020. 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: 211 8th Street. 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 Agenda Item J AGENDA STAFF REPORT DATE:September 13, 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 FY 2019-2020 Traffic Signal Modification Project, CIP ST2006/ST2106 ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7193: 1. Accepting the FY 2019-2020 Traffic Signal Modification Project, CIP ST2006/ST2106, by Crosstown Electrical & Data, Inc. in the amount of $245,512.80; 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 City maintains 22 traffic signals, of which regular upgrades are required to meet operational needs and industry standards. Accordingly, the FY 2019-2020 Traffic Signal Modification Project, ST2006, was budgeted into the Capital Improvement Program. In addition, the FY 2020-2021 Capital Improvement Program allocated an additional $200,000 towards the Annual Traffic Signal Modification Project, ST2106. Combined, the available project budget was approximately $380,000. These funds were budgeted to upgrade certain signal components and conductors at the following four (4) intersections. 1. Lampson Avenue at Rose Street 2. Lampson Avenue at Tulip Street 3. Seal Beach Boulevard at Golden Rain Road 4. Westminster Avenue at Kitts Highway On January 11, 2021, the City Council adopted Resolution 7102, and awarded a construction contract to Crosstown Electrical & Data, Inc. for the Project in the amount of $241,658, and established a construction contingency not-to-exceed Page 2 1 0 8 0 amount of $25,000. Change orders were issued in the total amount of $3,854.80 during the course of construction to replace additional pull boxes, conduits, and pavement striping. The Project was inspected, meets all standards and requirements within the Project specifications, and has been completed to the satisfaction of the City Engineer. It is requested that the City Council formally accept the Project and 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. ENVIRONMENTAL IMPACT: This Project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301 Class 1 Subsection (c). 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 $266,658. The table below presents a breakdown of the total construction Project cost: Description Amount Construction Base Bid Items $ 241,658.00 Contract Change Orders $ 3,854.80 Project Cost $ 245,512.80 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 7193: Page 3 1 0 8 0 1. Accepting the FY 2019-2020 Traffic Signal Modification Project, CIP ST2006/ST2106, by Crosstown Electrical & Data, Inc. in the amount of $245,512.80; 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. SUBMITTED BY: NOTED AND APPROVED: Steve Myrter Jill R. Ingram Steve Myrter, P.E., Director of Public Works Jill R. Ingram, City Manager Prepared by: Iris Lee, Deputy Public Works Director/City Engineer ATTACHMENTS: A. Resolution 7193 B. Notice of Completion RESOLUTION 7193 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ACCEPTING COMPLETION OF THE FY 2019-2020 TRAFFIC SIGNAL MODIFICATION PROJECT, CIP ST2006, 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 FY 2019-2020 Traffic Signal Modification Project (Project), CIP ST2006, by Crosstown Electrical & Data, Inc. in the amount of $245,512.80 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 13th day of September 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 7193 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of September 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 August 4, 2021. The work was FY 2019-2020 Traffic Signal Modification Project, CIP ST2006. 6. The name of the contractor(s), if any, for such improvement was: Crosstown Electrical & Data, Inc. The date of the Contract Award was January 11, 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: Lampson Avenue @ Tulip Street, Lampson Avenue @ Rose Street, Seal Beach Boulevard @ Golden Rain Road, Westminster Avenue @ Kitts Highway. 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 Agenda Item K AGENDA STAFF REPORT DATE:September 13, 2021 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Steve Myrter, P.E., Director of Public Works SUBJECT:Authorizing Expenditures for the Purchase of One Water Valve Turning Vehicle from the National Auto Fleet Group Utilizing a Cooperative Purchase Agreement ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7194 authorizing the City Manager to approve expenditures for the purchase of a water valve turning vehicle from The National Auto Fleet Group in a not-to-exceed amount of $205,732.46 via the Sourcewell Contract #120716-NAF, a cooperative purchasing agency serving government agencies, pursuant to the exemption from competitive bidding requirements set forth in Seal Beach Municipal Code Section 3.20.025(D). BACKGROUND AND ANALYSIS: The City has a comprehensive water system operations and maintenance program, with one aspect being routine water valve exercising. Water valves are used to isolate equipment, buildings, and other areas of a water system. Routine valve exercising would make sure these valves are clean and in working order if a shut-off, such as during a water main break, is needed. The City’s current program requires two staff to operate hand-held devices to exercise these valves that can be buried up to 16 feet below the surface. Depending on the condition of the valves, they may sometimes be difficult to operate leading to bodily strain or the valves may be easily over torqued leading to equipment damage. The FY 2021-2022 budget included funds to purchase a valve turning vehicle that would precisely provide the specified range of motion needed for a particular valve and serves as a vacuum washer to extract sediment build up that may restrict valve operations. Seal Beach Municipal Code Section 3.20.025(D) 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. Sourcewell (formerly known as the National Joint Powers Alliance Page 2 1 0 8 3 or “NJPA”), a public agency serving as a national municipal contracting agency, released a Request for Proposals (“RFP”) for the procurement of valve turning vehicles. Prices under this cooperative purchasing program are competitively solicited and provide lower overall government pricing. Accordingly, staff solicited quotes for a valve turning vehicle utilizing the Sourcewell Contract #120716-NAF, as permitted by Municipal Code Section 3.20.025(D). The National Auto Fleet Group is an authorized vendor under Sourcewell Contract #120716-NAF. On July 19, 2021, the City received a quote from The National Auto Fleet Group for a valve turning vehicle for $205,732.46. Given the nature of the valve turning machine, it would be permanently affixed to the vehicle that would be outfitted to support the size and weight of the equipment and appurtenances. ENVIRONMENTAL IMPACT: This expenditure authorization is not subject to the California Environmental Quality Act (“CEQA”) because it is not a “project” as defined under Section 15378(b) of the state CEQA Guidelines. This item is also exempt from CEQA pursuant to Section 15061(b)(3) of the Guidelines because it can be seen with certainty that this purchase does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. LEGAL ANALYSIS: The City Attorney has reviewed and approved the resolution as to form. FINANCIAL IMPACT: The FY 2021-2022 budget allocated $225,000 in the Water Maintenance and Operations account for the purchase of a water valve turning machine. Sufficient funds are available for the valve turning vehicle in the amount of $205,732.46. 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 7194 authorizing the City Manager to approve expenditures for the purchase of a water valve turning vehicle from The National Auto Fleet Group in a not-to-exceed amount of $205,732.46 via the Page 3 1 0 8 3 Sourcewell Contract #120716-NAF, a cooperative purchasing agency serving government agencies, pursuant to the exemption from competitive bidding requirements set forth in Seal Beach Municipal Code Section 3.20.025(D). SUBMITTED BY: NOTED AND APPROVED: Steve Myrter Jill R. Ingram Steve Myrter, P.E., Director of Public Works Jill R. Ingram, City Manager Prepared by: Iris Lee, Deputy Public Works Director/City Engineer ATTACHMENTS: A. Resolution 7194 B. The National Fleet Group Quotation C. Sourcewell Contract #120716-NAF RESOLUTION 7194 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING THE CITY MANAGER TO APPROVE EXPENDITURES FOR THE PURCHASE OF A WATER VALVE TURNING VEHICLE FROM THE NATIONAL AUTO FLEET GROUP UTILIZING A COOPERATIVE PURCHASING AGREEMENT WHEREAS, the City Council approved funds for the purchase of a water valve turning vehicle in the Fiscal Year 2021-2022 Operating Budget; and, WHEREAS, the City solicited proposals for a water valve turning vehicle utilizing the Sourcewell Contract #120716-NAF cooperative purchasing program pursuant to the exemption from competitive bidding requirements as permitted by the City of Seal Beach Municipal Code Section 3.20.025 (D); and, WHEREAS, the City received a responsible and responsive bid from The National Auto Fleet Group in the amount of $205,732.46 for the water valve turning vehicle. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: SECTION 1. The City Council hereby authorizes the City Manager to approve expenditures for the purchase of a water valve turning vehicle in the amount of $205,732.46 from The National Auto Fleet Group via Sourcewell Contract #120716-NAF pursuant to the exemption from competitive bidding under Seal Beach Municipal Code Section 3.20.050(D). PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of September 2021 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Joe Kalmick, Mayor 6 2 0 8 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 7194 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of September 2021. Gloria D. Harper, City Clerk Letter of Agreement To Extend the Contract Between 72 Hour LLC, dba National Auto Fleet Group 490 Auto Center Dr. Watsonville, CA 95076-3726 And Sourcewell 202 12th Street NE Staples, MN 56479 Phone: (218) 894-1930 The Vendor and Sourcewell have entered into an Agreement (Contract #120716-NAF) for the procurement of Vehicles, Cars, Vans, SUVs, and Light Trucks with Related Equipment, Accessories and Services. This Agreement has an expiration date of January 17, 2021, but the parties may extend the Agreement for one additional year by mutual consent. The parties acknowledge that extending the Agreement for another year benefits the Vendor, Sourcewell and Sourcewell’s members. The Vendor and Sourcewell therefore agree to extend the Agreement listed above for a fifth year. This existing Agreement will terminate on January 17, 2022. All other terms and conditions of the Agreement remain in force. Sourcewell By: ___________________________________________, Its: Director of Operations & Procurement/CPO Name printed or typed: Jeremy Schwartz___________________________________________ Date 72 Hour LLC, dba National Auto Fleet Group By: ___________________________________________, Its: _________________________ Name printed or typed: _________________________________________________________ Date Agenda Item L AGENDA STAFF REPORT DATE:September 13, 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 Execution of a Public Works Agreement with Wright Construction Engineering Corp for Lampson Avenue Drainage Improvements, CIP SD2101 ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7195: 1. Approving plans, specifications, and contract documents for the Lampson Avenue Drainage Improvements, CIP SD2101; and, 2. Approving and awarding a public works agreement to Wright Construction Engineering Corp in the amount of $187,015.50, deeming CEM Construction Corp.’s bid as non-responsive, and rejecting all other bids; and, 3. Authorizing the City Manager to execute the public works agreement for the Lampson Avenue Drainage Improvements to Wright Construction Engineering Corp; and, 4. Authorizing the City Manager to approve additional work requests up to $20,000 and inspection services up to $20,984.50 in connection with the Project, in the cumulative not-to-exceed amount of $40,984.50; and, 5. Approving Budget Amendment BA 22-03-03 in the amount of $228,000 for the Lampson Avenue Drainage Improvements, CIP SD2101. BACKGROUND AND ANALYSIS: A portion of Lampson Avenue has historically drained to the southernmost point along the roadway paralleling the 405 Freeway, west of the Seal Beach Tennis Center. From that point, storm water would run under the sidewalk through a series of drain pipes into a Caltrans-owned open concrete channel. Page 2 1 0 8 7 The open concrete channel has since been modified to accommodate the 405 Widening Project, and can no longer accept Lampson Avenue drainage. As such, the Orange County Transportation Authority (OCTA) provided funding via a Settlement Agreement to mitigate these drainage impacts. This mitigation would generally entail a drainage connection to the northerly side of Lampson Avenue that is owned by the Joint Forces Training Base (JFTB). On August 26, 2021, the City Clerk’s office received eight (8) bids with the following results: Rank Contractor Total Base Bid Low Wright Construction Engineering Corp $ 187,015.50 2 GRBCON, Inc.$ 189,777.00 3 Palp, Inc. dba Excel Paving Company $ 194,416.00 4 Grentry General Engineering. Inc.$ 197,965.00 5 C.S. Legacy Construction, Inc. $ 226,704.00 6 Colich & Sons, L.P.$ 229,760.00 7 T.E. Roberts, Inc.$ 280,498.00 N/A CEM Construction Corp. Non-responsive CEM Construction Corp. submitted an incomplete bid because it failed to include Bid Sheet 2 of 3 and therefore did not include the final bid item and its bid total. The bid submitted by CEM Construction Corp. is therefore non-responsive. Staff has evaluated the lowest bid and deemed the cost in line with the engineer’s estimate and is a competitive bid within industry standards. Based upon the references, qualifications, work experience, and cost, staff recommends deeming Wright Construction Engineering Corp as the lowest responsive bidder at $187,015.50, and awarding the Lampson Avenue Drainage Improvements contract to Wright Construction Engineering Corp. The project plans are available in the City Engineer’s office. Staff recommends authorizing the City Manager to approve additional work request up to $20,000 and inspection services up to $20,984.50, in the cumulative not-to-exceed amount of $40,984.50. Construction is estimated to start in Fall 2021 and be completed within 50 working days following the Notice to Proceed. ENVIRONMENTAL IMPACT: This project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under section 15303 (d) of the CEQA Guidelines. Page 3 1 0 8 7 LEGAL ANALYSIS: The City Attorney has reviewed the agreement and approved the resolution as to form. FINANCIAL IMPACT: Funding associated with Lampson Avenue Drainage Improvements Project will be budgeted from the OCTA Mitigation Payment account. The table below presents the estimated breakdown of the Project’s construction cost: Description Amount Construction $ 187,015.50 Contingency $ 20,000.00 Inspection/Testing $ 20,984.50 Total $ 228,000.00 Funding associated with Lampson Avenue Drainage Improvements Project will be budgeted from the OCTA Mitigation Payment account. Budget Amendment BA 22-03-03 allocates $228,000 for the Project as follows: Description Account Revised/ Adopted Budget Proposed Budget Budget Amendment Transfer Out Transfer In Capital Project Expenditures 217-500-0366-59100 301-000-0000-49100 301-500-0333-55000 CIP Project SD2101 $ - - $ 750,000 $ 228,000 $ 228,000 $ 978,000 $ 228,000 $ 228,000 $ 228,000 Any unspent funds will be returned back to the original funding source. 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 4 1 0 8 7 RECOMMENDATION: That the City Council adopt Resolution 7195: 1. Approving plans, specifications, and contract documents for the Lampson Avenue Drainage Improvements, CIP SD2101; and, 2. Approving and awarding a public works agreement to Wright Construction Engineering Corp in the amount of $187,015.50, deeming CEM Construction Corp.’s bid as non-responsive, and rejecting all other bids; and, 3. Authorizing the City Manager to execute the public works agreement for the Lampson Avenue Drainage Improvements to Wright Construction Engineering Corp; and, 4. Authorizing the City Manager to approve additional work requests up to $20,000 and inspection services up to $20,984.50 in connection with the Project, in the cumulative not-to-exceed amount of $40,984.50; and, 5. Approving Budget Amendment BA 22-03-03 in the amount of $228,000 for the Lampson Avenue Drainage Improvements, CIP SD2101. SUBMITTED BY: NOTED AND APPROVED: Steve Myrter Jill R. Ingram Steve Myrter, P.E., Director of Public Works Jill R. Ingram, City Manager Prepared by: David Spitz P.E., QSD., Associate Engineer ATTACHMENTS: A. Resolution 7195 B. Agreement with Wright Construction Engineering Corp RESOLUTION 7195 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC WORKS AGREEMENT WITH WRIGHT CONSTRUCTION ENGINEERING CORP FOR LAMPSON AVENUE DRAINAGE IMPROVEMENTS, CIP SD2101 WHEREAS, 405 Widening Project has modified the Lampson Avenue drainage patterns; and, WHEREAS, the City of Seal Beach (City) desires to re-establish necessary drainage along Lampson Avenue; and, WHEREAS, Orange County Transportation Authority (OCTA) has provided the City with drainage improvement funding through a Settlement Agreement; and, WHEREAS, on August 5, 2021, the City issued a solicitation for bids for the Lampson Avenue Drainage Improvements, CIP SD2101 (“Project”); and, WHEREAS, on August 26, 2021, the City Clerk’s office received eight (8) bids in response to the solicitation for bids. CEM Construction Corp. submitted an incomplete bid because it failed to include Bid Sheet 2 of 3 and therefore did not include the final bid item and its bid total. Based upon the foregoing, the City Council hereby finds that the bid submitted by CEM Construction Corp. is non- responsive; and, WHEREAS, Wright Construction Engineering Corp submitted the lowest responsible bid in the amount of $187,015.50; and, WHEREAS, the City Council independently reviewed and considered the contents of the staff report, the bids, supplemental material and correspondence submitted to the Council. The Council’s decision herein was reached via its own independent judgment and on the basis of all facts and evidence before it. The Council’s decision is based upon each of the totally independent and separate findings above, each of which stands alone as a sufficient basis for its decision to award the contract to Wright Construction Engineering Corp. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: SECTION 1. The City Council hereby approves the plans and specifications for the Project. SECTION 2. Based on the recitals set forth above, the City Council hereby awards a public works agreement to Wright Construction Engineering Corp. for the Project in the not-to-exceed amount of $187,015.50, deems CEM Construction Corp.’s bid as non-responsive, and rejects all other bids. 6 2 4 6 SECTION 3. The City Council hereby authorizes and directs the City Manager to execute the public works agreement on behalf of the City. SECTION 4. The City Council hereby authorizes the City Manager to approve payments for additional work requests in connection with the Project in the cumulative not-to-exceed amount of $20,000. SECTION 5. The City Council hereby authorizes the City Manager to approve payments for inspection and testing in connection with the Project in the cumulative not-to-exceed amount of $20,984.50. Section 6. The City Council hereby approves Budget Amendment BA 22-03-03 in the amount of $228,000 for the Lampson Avenue Drainage Improvements Project (CIP SD2101) as follows: Description Account Revised/ Adopted Budget Proposed Budget Budget Amendment OCTA Reimbursement Revenue Capital Project Expenditures 217-500-0369-42400 217-500-0369-55000 CIP Project SD2101 $ - $ - $228,000 $228,000 $228,000 $228,000 PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of September 2021 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Joe Kalmick, Mayor 6 2 4 6 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 7195 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of September 2021. Gloria D. Harper, City Clerk Agenda Item M AGENDA STAFF REPORT DATE:September 13, 2021 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Steve Myrter, P.E., Director of Public Works SUBJECT:Accept Dedication of Rivers End Park and Grant a Maintenance Easement to Shea Homes for the Water Quality Detention Basin ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7196: 1. Accepting the dedication and grant of property from Shea Homes Limited Partnership (successor in interest to Bay City Partners, LLC); and, 2. Directing the execution and recording of an instrument of acceptance thereof; and, 3. Approving a basin maintenance easement and covenant with Shea Homes relating to a portion of such property; and, 4. Authorizing the City Manager to execute all necessary documents in a form acceptable to the City Attorney. BACKGROUND AND ANALYSIS: The City Council approved a Subdivision Improvement Agreement (Agreement) with Shea Homes (Shea) for the Ocean Place Development (Tract 17425) on November 13, 2018. With approval of this Agreement, Shea Homes commenced with construction of the Ocean Place Development in January of 2019. Construction of the Ocean Place Development required extensive construction of public infrastructure that will ultimately be owned and maintained in perpetuity by the City. These public facilities include a 6.2 acre public park, streets/alleys, street frontage improvements, water lines, sewer lines, and a storm drainage system which included a storm water quality detention basin. This public infrastructure is now complete and accepted by the City with the exception of the Ocean Place Development Water Quality Detention Basin. Page 2 1 0 9 5 Rivers End Park Grant Deed: At the start of the Project, a portion of the Ocean Place Development (Tract 17425), or what is now referred to as the Rivers End Park (REP), was to be dedicated as open visitor-serving park space in accordance with California Coastal Commission coastal development permit requirements. This required park property dedication by the initial developer enabled the REP to be accepted and the property transferred to the City independent of Shea’s on-going final phase of home construction on the other parcels within Tract 17425 or the Ocean Place Development. The REP has been completed to the satisfaction of Staff, with the exception of the water quality detention basin, as detailed below. The REP was inspected and meets all standards and requirements as specified in the project design documents. As such, staff recommends that the City Manager be authorized to execute and record the necessary documents to accept the park in a form acceptable to the City Attorney. Those documents formally transfer the real property that consists of “Lot A of Tract 17425” and “Remainder Parcel” of Tract No. 17425 (Rivers End Park) by Shea to the City of Seal Beach. Water Quality Detention Basin Maintenance Easement The Water Quality Detention Basin (WQ Basin) is an integral part of the storm drain system that serves the Ocean Place Development. Its purpose is twofold in that: 1) it must treat all stormwater/irrigation runoff flowing from the entire Development prior to draining into the San Gabriel River; and, 2) it must be large enough to detain the runoff volume of a 100-year storm event that would flow from the Development. The WQ Basin utilizes a Biotreatment process to detain and treat runoff water before draining to the San Gabriel River. For this Biotreatment process to perform as intended, the plants within the WQ Basin must be established and thriving since they are a critical component of the treatment process. Currently, the plants within the WQ Basin have yet to fully establish. Shea has agreed to continue to be responsible for the maintenance of these WQ Basin plants until such time that the plants are deemed fully established as required to ensure the WQ Basin performs as intended, at the discretion of the City. To allow the park to be dedicated while Shea continues to maintain the WQ Basin, staff recommends that the City grant Shea a basin maintenance easement and covenant to provide Shea continued access to the WQ Basin for the purposes of maintaining and/or repairing the WQ Basin in accordance with the Ocean Place Development’s Water Quality Management Plan requirements, until fully established. First Street Crossing Enhancement The Rivers End Park features a paved pedestrian/biking recreational trail that meanders through the park connecting the San Gabriel River Bike Trail to the First Street/Ocean Avenue intersection at the First Street Beach Parking Lot entrance. Staff determined that additional First Street and Ocean intersection Page 3 1 0 9 5 enhancements were needed at the bike trail’s First Street terminus to improve overall park trail accessibility at this intersection. Enhancements include: adjustment of the trail and trail ramp, and reconstruction of the First Street southwest corner ADA curb ramp. The work is scheduled to commence on September 13, 2021. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney has reviewed and approved as to form. FINANCIAL IMPACT: The maintenance cost for the Rivers End Park is $1,333.75 monthly, which amounts to $16,005 annually and has been included in the FY 2021-2022 budget adoption. There are sufficient funds allocated in CIP Project O-ST-4 (Annual ADA Improvements - Public R/W) to fund the proposed First Street and Ocean enhancements at an estimated cost of approximately $25,000. 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 7196: 1. Accepting the dedication and grant of property from Shea Homes Limited Partnership (successor in interest to Bay City Partners, LLC); and, 2. Directing the execution and recording of an instrument of acceptance thereof; and, 3. Approving a basin maintenance easement and covenant with Shea Homes relating to a portion of such property; and, 4. Authorizing the City Manager to execute all necessary documents in a form acceptable to the City Attorney. Page 4 1 0 9 5 SUBMITTED BY: NOTED AND APPROVED: Steve Myrter Jill R. Ingram Steve Myrter, P.E., Director of Public Works Jill R. Ingram, City Manager ATTACHMENTS: A. Acceptance of Dedication of Real Property B. Grant Deed C. Basin Maintenance Easement and Covenant D. Resolution 7196 S7296-1114\2571917v2.doc RECORDING REQUESTED BY, AND WHEN RECORDED RETURN TO: City of Seal Beach 211 — 8th Street Seal Beach, CA 90740 Attn: City Clerk APN (s): 043-172-13, 043-171-02, and 043-172-08 Exempt from recording fees pursuant to G.C. §6103 Exempt from Documentary Transfer Taxes pursuant to R & T Code §11922 (acceptance of offer of dedication; conveyance to a public entity) ACCEPTANCE OF DEDICATION OF REAL PROPERTY The CITY OF SEAL BEACH, a California charter city ("Grantee"), hereby accepts the offer of dedication (the "Offer") made by Bay City Partners LLC, a California limited liability company ("Grantor") in that certain Irrevocable Offer of Dedication of Real Property (the "Agreement") by and between Grantor and Grantee dated as of August 22, 2017, and recorded in Official Records of the Recorder's Office for the County of Orange on January 3, 2018 as Instrument No. 2018000001859, and that certain Grant Deed from Shea Homes Limited Partnership, a California Limited Partnership which confirms and effectuates such conveyance, and such Grant Deed shall supersede the form of deed attached to the Agreement. The dedication is of that certain real property located in the City of Seal Beach, County of Orange, State of California, described on Exhibit 1, attached hereto and incorporated herein by reference. The Offer and this Acceptance of Dedication of Real Property arises from that certain First Amendment to the Disposition and Development Agreement dated August 22, 2017. The undersigned was a uthorized to execute and record this Acceptance of Dedication of Real Property on behalf of Grantee pursuant to resolution of the City Council of Grantee adopted on _____________, 20___. S7296-1114\2571917v2.doc IN WITNESS WHEREOF, the undersigned has executed this instrument a s of the date set forth below. GRANTEE: CITY OF SEAL BEACH By: _________________________ Jill R. Ingram, City Manager Attest: By: ________________________ Gloria Harper, City Clerk Approved as to Form: By: _______________________ Craig A. Steele, City Attorney S7296-1114\2571917v2.doc A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On ___________________ , before me, __________________________ , a Notary Public, personally appeared ____________________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature S7296-1114\2571917v2.doc EXHIBIT 1 LEGAL DESCRIPTION Real Property in the City of Seal Beach, County of Orange, State of California, described as follows: Lot A and Remainder Parcel of Tract 17425, in the City of Seal Beach, County of Orange, State of California, as per Map recorded in Book 979, Pages 19 through 25, in the Office of the County Recorder of Said County, October 5, 2018. S7296-0001\2571968v2.doc RESOLUTION 7196 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ACCEPTING THE DEDICATION AND GRANT OF PROPERTY FROM SHEA HOMES LIMITED PARTNERSHIP (SUCCESSOR- IN-INTEREST TO BAY CITY PARTNERS, LLC); DIRECTING THE EXECUTION AND RECORDING OF AN INSTRUMENT OF ACCEPTANCE THEREOF; APPROVING A BASIN MAINTENANCE EASEMENT AND COVENANT WITH SHEA HOMES RELATING TO A PORTION OF SUCH PROPERTY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY WHEREAS, Bay City Partners LLC, a California limited liability company executed and delivered that certain Irrevocable Offer of Dedication of Real Property (the "Agreement") in favor of the City dated as of August 22, 2017, and recorded in Official Records of the Recorder's Office for the County of Orange on January 3, 2018 as Instrument No. 2018000001859 relating to certain real property described therein (the “Property”); WHEREAS, Shea Homes Limited Partnership (“Developer”) has acquired the Property subject to the Agreement, and desires to convey the Property to the City by grant deed; WHEREAS, the City desires to accept such dedication, subject to the Developer’s agreement to continue to maintain a water quality drainage basin on a portion of the Property until the basin is fully functional, in the opinion of the Director of Public Works; WHEREAS, the City desires to enter into a Basin Maintenance Easement and Covenant with Developer to allow Developer access to the basin and obligate Developer to maintain and repair the basin until the City’s acceptance of the Tract 17425 Storm Drain Improvements, at which point the City will assume maintenance responsibilities of the basin; WHEREAS, the Agreement contemplates that the City will execute and record an instrument of acceptance of dedication in a form attached to the Agreement, that also indicates, in accordance with Government Code Section 27281, that the City accepts the conveyance described in the Grant Deed. NOW THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby accepts the conveyance of property described in the Grant Deed (which is attached as Exhibit “A”), approves the form of acceptance instrument attached hereto as Exhibit “B” and the form of Basin Maintenance Agreement and Covenant attached hereto as Exhibit “C”, and authorizes the City Manager to execute and record the acceptance instrument and then the Basin Maintenance Agreement AFTER the Grant Deed shall have been recorded (except that the acceptance instrument may be recorded with the Grant Deed), in forms acceptable to the City Attorney. Section 2. The City Council hereby authorizes the City Manager to execute and/or record such other reasonable documents and instruments and take such other actions as may be necessary or convenient for the City’s acceptance of the property, all in a form acceptable to the City Attorney. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of September, 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 7196 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of September 2021. Gloria D. Harper, City Clerk EXHIBIT “A” FORM OF GRANT DEED (Attached.) EXHIBIT “B” FORM OF ACCEPTANCE INSTRUMENT (Attached.) EXHIBIT “C” FORM OF BASIN MAINTENANCE EASEMENT AND COVENANT (Attached.) Agenda Item N AGENDA STAFF REPORT DATE:September 13, 2021 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Kelly Telford, CPA, Finance Director/Treasurer SUBJECT:Mutual Aid Agreement Between the County of Orange and the City of Seal Beach for the COVID-19 Vaccination Effort ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7197: 1. Authorizing the City Manager to execute the Mutual Aid Agreement for the COVID-19 Vaccination Effort with the County of Orange, pertaining to mutual aid assistance provided under the Orange County Operational Area Agreement; and, 2. Authorize the City Manager to execute any additional actions necessary for the purposes of obtaining federal financial assistance related to this Agreement. BACKGROUND AND ANALYSIS: COVID-19 is a world-wide pandemic resulting in significant health and economic impacts across the globe. On February 25, 2020, the United States Centers for Disease Control and Prevention (CDC) announced that community spread of the novel coronavirus (COVID-19) was likely. On February 26, 2020, the Orange County Health Officer declared a Health Emergency. On February 26, 2020, the Chair of the Emergency Management Council issued a Proclamation of Local Emergency pursuant to the requirements of the California Emergency Services Act, which was ratified by the Board of Supervisors on March 2, 2020. On March 4, 2020, the Governor of the State of California proclaimed a state of emergency in response to the COVID-19 pandemic pursuant to the California Emergency Services Act. On March 13, 2020, the President of the United States issued a Major Disaster Declaration for California (FEMA-4482-DR-CA) in response to the COVID-19 pandemic pursuant to section 501 (b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5207 (the “Stafford Act”). This Page 2 1 0 9 4 action made the State of California, local and Indian tribal governments, and certain private non-profit (PNP) organizations eligible to apply for reimbursement from Federal Emergency Management Agency (FEMA) Public Assistance (PA) Program. On March 13, 2020, the City Manager issued a Proclamation of Local Emergency, which was ratified by the City Council on March 19, 2020. On December 31, 2020, the County of Orange (County) launched Operation Independence with the goal of facilitating the vaccination of all willing community members by July 4, 2021. To accomplish this, an Incident Management Team was assigned to lead the organization of mass vaccination sites, known as Points of Dispensing (PODs). Because the PODs provide mutual benefit to all community members across the County, regardless of the City they live or work in, staffing support of the PODs was requested of local jurisdictions. Staffing goals for each jurisdiction were set based upon the proportion of community members living in their jurisdiction. FEMA has determined that staffing costs expended on the PODs is eligible for reimbursement under the PA Program. FEMA and California Office of Emergency Services (Cal OES) have requested that PA reimbursement requests for local jurisdictions be submitted electronically through the County. The County will serve as the aggregator and administrator of claims for all jurisdictions who are acting in support of the vaccination effort. The County shall then reimburse the requesting jurisdiction solely based on what has been approved for reimbursement by FEMA and Cal OES and upon receipt of federal reimbursement funding. To accomplish this cycle of reimbursement requests and disbursements, mutual aid agreements are required between the County and each requesting jurisdiction. The County Board of Supervisors approved the standard Mutual Aid Agreement for the COVID-19 Vaccination Effort on March 9, 2021 (Attachment B). Staff recommends that the City Council approve the agreement and authorize by Resolution, the City Manger to execute any actions necessary for the purposes of obtaining federal financial assistance related to this Agreement. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: No legal analysis is required for this item. Page 3 1 0 9 4 FINANCIAL IMPACT: Approval and execution of the agreement may allow the City of Seal Beach to recover all personnel expenses incurred in staffing COVID-19 Vaccination POD sites. Any expenses not approved for reimbursement by FEMA will be paid for within the adopted operating budget. 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 7197: 1. Authorizing the City Manager to execute the Mutual Aid Agreement for the COVID-19 Vaccination Effort with the County of Orange, pertaining to mutual aid assistance provided under the Orange County Operational Area Agreement; and, 2. Authorize the City Manager to execute any additional actions necessary for the purposes of obtaining federal financial assistance related to this Agreement. SUBMITTED BY: NOTED AND APPROVED: Kelly Telford Jill R. Ingram Kelly Telford, CPA, Finance Director/Treasurer Jill R. Ingram, City Manager ATTACHMENTS: A. Resolution 7197 B. Mutual Aid Agreement for the COVID-19 Vaccination Effort RESOLUTION 7197 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE MUTUAL AID AGREEMENT WITH THE COUNTY OF ORANGE FOR THE COVID-19 VACCINATION EFFORT AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY ADDITIONAL ACTIONS NECESSARY FOR THE PURPOSE OF OBTAINING ADDITIONAL RELATED FEDERAL FINANCIAL ASSISTANCE WHEREAS, the City of Seal Beach has cooperated with the County of Orange and other public entities in the goal of vaccinating willing community members in the County through Points of Dispensing (“PODS”); and, WHEREAS, a Mutual Aid Agreement between the City and the County is required to accomplish federal reimbursement requests and disbursements for the City’s contribution to the PODs; and, WHEREAS, the County Board of Supervisors approved the standard Mutual Aid Agreement for the COVID-19 Vaccination Effort on March 9, 2021. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby approves and authorizes the City Manager to execute the Standard Mutual Aid Agreement with the County of Orange for the Covid-19 Vaccination Effort. Section 2. The City Council hereby authorizes the City Manager to execute any additional actions necessary to for the purpose of obtaining federal financial assistance related to said agreement. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of September, 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 7197 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of September, 2021. Gloria D. Harper, City Clerk Agenda Item O AGENDA STAFF REPORT DATE: September 13, 2021 TO: Honorable Mayor and City Council FROM: Craig A. Steele, City Attorney SUBJECT:Consideration and Direction to Staff Regarding Status of Local Eviction Moratoria ________________________________________________________________ SUMMARY OF REQUEST: That the City Council receive a report on the status of the local residential and commercial eviction moratoria, adopted in April of 2020 by urgency ordinance, and give direction to staff. BACKGROUND AND ANALYSIS: On April 7, 2020 as a part of the City’s early response to the COVID-19 pandemic, the City Council adopted an urgency ordinance that imposed a moratorium on commercial and residential evictions of tenants in the City who could demonstrate a financial hardship and inability to pay rent as a result of COVID-19. Subsequently, the State and federal governments adopted, extended and amended various laws and orders intended to address evictions and to provide financial relief to tenants and landlords. On September 30, 2021 the legal landscape will change with regard to both residential and commercial eviction moratorium ordinances. On that date, under AB 832, statewide residential eviction protections end and repayment periods begin. A recently-extended nationwide residential eviction ban imposed by the federal government was to have been in effect until October in those areas that do not have more protections in place but it was invalidated last week by the U.S. Supreme Court. Seal Beach presently has more protection in place for residential tenants than was provided by the federal moratorium. The looming September 30, 2021 date and a local eviction moratorium may create more confusion for tenants and landlords because, under state law, tenants must continue to pay at least 25% of rent due to qualify for renter protections, and a significant pool of money has been set aside to help tenants and provide reimbursement for landlords. Under the City’s moratorium, however, tenants were not required to pay any specific portion of rent while the hardship is ongoing. This means that tenants who rely on the City’s moratorium may not be protected by state law. While the distribution of residential rent relief funds has Page 2 been inefficient to date, state and federal officials have reported that there should be sufficient funds available to help affected tenants and landlords. On the commercial side, the City has not been made aware of significant, unresolved, COVID-related issues between landlords and tenants in the City. In many cases, reports from various parts of the Southern California region indicate that landlords and tenants generally have worked out rent issues on a case-by- case basis. On September 30, 2021 the Executive Order by the Governor that purported to give cities the authority to enact a commercial eviction moratorium expires. While a charter city such as Seal Beach likely has inherent power to take this step to protect health and safety without authority from the State, landlords may start to challenge local commercial eviction bans on this basis. Without evidence that the commercial eviction moratorium remains necessary in Seal Beach and, again, to avoid confusion, it may be prudent to repeal that moratorium to correspond with the expiration of Governor Newsom’s Executive Order. Staff recommends that the City Council give direction to the City Attorney to prepare the necessary ordinance to repeal the commercial eviction moratorium, giving affected tenants six months to pay back rent if there is no other arrangement with the landlord. Staff seeks the City Council’s guidance regarding the status of the City’s residential eviction moratorium following the September 30, 2021 date in AB 832. ENVIRONMENTAL IMPACT: There is no environmental impact associated with this administrative item. LEGAL ANALYSIS: The City Attorney has analyzed the legal issues that are incorporated in this report. FINANCIAL IMPACT: There is no financial impact for this item. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council: Page 3 1) Direct staff to draft an urgency ordinance to repeal the commercial eviction moratorium prior to September 30, 2021; and, 2) Provide policy direction to staff regarding the residential eviction moratorium. SUBMITTED BY: Craig A. Steele Craig A. Steele City Attorney Agenda Item P AGENDA STAFF REPORT DATE:September 13, 2021 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Kelly Telford, CPA, Finance Director/Treasurer SUBJECT:Receive and File the Report on Agreed Upon Procedures for the Period of July 1, 2013 through June 30, 2020 from Willis Consulting & Accounting, Inc. Related to the Payment of City Utility Accounts ________________________________________________________________ SUMMARY OF REQUEST: That the City Council receive and file the Report on Agreed Upon Procedures for the period of July 1, 2013 through June 30, 2020 from Willis Consulting & Accounting, Inc. related to the payment of City utility accounts. BACKGROUND AND ANALYSIS: In July 2020 as the Water and Sewer Rate Study Project was moving forward, the City’s consultant inquired about whether or not the City had been paying for the water and sewer usage at City-owned properties. At that time, the Finance Department began to analyze the City accounts and accounting activity. The analysis looked at each bill for each cycle over a ten-year period with a goal of identifying if the balances were written off, paid, or still outstanding. During the analysis, the Finance Department concluded that there were inconsistencies with how transactions had been treated as well as a change in the procedures related to the City accounts. Uncertain of the full impacts of these inconsistencies, the City Manager directed the City Attorney to hire an independent consultant to verify the analysis conducted by the Finance Department. Willis Consulting & Accounting, Inc. was hired to perform an Agreed-Upon Procedures engagement to review the City’s utility accounts and accounting activity. They were directed to critically analyze the City’s utility accounts and accounting activity and confirm the City’s past practices with regard to the payment of the City’s utility accounts and whether or not those payments have been made. Willis Consulting & Accounting, Inc. has completed the engagement which looked at seven years of historical information for the City’s utility accounts. The key procedures they performed and the results of those procedures are summarized below. Page 2 1 0 7 7 Review Unusual Transactions Willis Consulting & Accounting, Inc. reviewed the method of write-off for each utility bill throughout the seven-year period. They found that most utility bills were written off, which removed the receivable and the corresponding revenue accounts. They also found that the City had not paid for these bills, meaning cash was not deposited into the Water and Sewer funds for the City’s use at various locations. However, in a few cases, payments appeared to have been made, however these were reversed and ultimately no payments were made. They concluded that from July 1, 2013 through June 30, 2020, the City did not pay for utilities used by City- owned properties. Willis Consulting & Accounting, Inc. also identified three large billing errors, each of which were approximately $241,000. The reason for these billing errors was indeterminable based on the records available and the notes in the customer accounts. It should be noted that these unusually large billing amounts were found to be very inconsistent with the bills for those locations and none of the errors caused the financial statements to be overstated. Determine the Impact of Unusual Transactions During the review, Willis Consulting & Accounting, Inc. concluded that four fiscal years had misstatements due to the change in accounting practices. These misstatements are shown below: Fiscal Y e ar Re v e nue Ov e r/ (Unde r) State d 2016-17 129,081.86$ 2017-18 172,553.03 2018-19 154,960.78 2019-20 (359,446.94) Total 97,148.73$ City’s Response to Findings As a result of these findings, the Finance Department has created a City Utility Account Payment Procedure that outlines the process and requirement for the City’s payment of utility account balances. The new procedure requires the City to be treated as a normal utility customer and pay for its utility usage each time utility bills are generated. In addition, in accordance with City Council direction in March 2021, the City is now paying for all costs associated with the City’s utility bills for FY 2020-2021 and moving forward. In addition, the City has transferred funds to repay the Water Fund and Sewer Fund the amounts unpaid from FY 2015-2016 through FY 2019-2020. Page 3 1 0 7 7 The City is currently working with Willis Consulting and Accounting, Inc to determine the correction related to the $97,148.73 overstatement. This correction will be made as a part of the FY 2020-2021 year end close. 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 cost associated with filing and receiving the Report on Agreed Upon Procedures for the period of July 1, 2013 through June 30, 2020 from Willis Consulting & Accountants, Inc. 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 receive and file the Report on Agreed Upon Procedures for the period of July 1, 2013 through June 30, 2020 from Willis Consulting & Accounting, Inc. related to the payment of City utility accounts. SUBMITTED BY: NOTED AND APPROVED: Kelly Telford Jill R. Ingram Kelly Telford, CPA, Finance Director/Treasurer Jill R. Ingram, City Manager ATTACHMENTS: A. Report on Agreed Upon Procedures for the period of July 1, 2013 through June 30, 2020 CITY OF SEAL BEACH REPORT ON AGREED UPON PROCEDURES FOR THE PERIOD JULY 1, 2013 THROUGH JUNE 30, 2020 CONFIDENTIAL, SUBJECT TO ATTORNEY-WORK PRODUCT AND ATTORNEY-CLIENT PRIVILEGES. DO NOT DISCLOSE THE CONTENTS HEREOF. DO NOT FILE WITH PUBLICLY-ACCESSIBLE RECORDS. williscanda@gmail.com 910 S. Boone Cir., Anaheim, CA 92807 INDEPENDENT ACCOUNTANT’S REPORT ON APPLYING AGREED-UPON PROCEDURES Mr. Craig Steele of Richards, Watson, & Gershon, On Behalf of the City of Seal Beach: We have performed the procedures enumerated below on the utility billing records of the City of Seal Beach for the period July 1, 2013 through June 30, 2020. Relevant departments at the City of Seal Beach are responsible for maintenance of the records. Mr. Craig Steele of Richards, Watson, & Gershon (“RWG”) on behalf of the City of Seal Beach (the “City”) has agreed to and acknowledged that the procedures performed are appropriate to meet the intended purpose of determining how the City has accounted for the billing and payment of utilities supplied to City-owned properties by the City of Seal Beach Utility Services for the period July 1, 2013 through June 30, 2020, and determining if any entries or transactions took place during this time period that were outside of normal City accounting policies. This report may not be suitable for any other purpose. The procedures performed may not address all the items of interest to a user of this report and may not meet the needs of all users of this report and, as such, users are responsible for determining whether the procedures performed are appropriate for their purposes. The procedures and findings are as follows: 1. Document, with the assistance of the City’s Finance Director, the City’s historical method of accounting for the usage, billing, and payment of utilities supplied by the City of Seal Beach Utility Services to City of Seal Beach-owned properties. See attached, “Documentation of Accounting Process for Usage, Billing, and Payment of Utilities July 1, 2013 – June 30, 2020” which was prepared from information obtained in interviews with Kelly Telford, Director of Finance/Treasurer. We are not aware of any formal documented process for payment of utility bills for City- owned properties. We also express no opinion as to whether the accounting process in place for utility billing of City-owned properties at the City is correct, or in compliance with laws or regulations. The process documented in this report is based solely on our inquiries with Kelly Telford, the current Director of Finance/Treasurer. Determining why any changes were made to the accounting process for utility billing of City-owned properties is outside the scope of these agreed upon procedures. 2 2. Obtain a list of all City-owned properties that use utilities provided by the City of Seal Beach Utility Services and obtain utility billing history for all properties for the period July 1, 2013 through June 30, 2020, including amounts billed, billing adjustments, and payments recorded. See attached “Summary of Utility Billing, Payments Recorded and Write Offs By Account” which lists all City-owned properties included in the utility billing module in the City’s accounting system, Springbrook, as well as the total amount of utility billing to each City- owned property for the period from July 1, 2013 through June 30, 2020. The account history for all City-owned properties was obtained through Springbrook, and the account history was utilized to create both attached schedules: “Summary of Utility Billing, Payments Recorded and Write Offs By Account” and “Summary of Utility Billing, Payments Recorded and Write Offs By Fiscal Year 2014 – 2020." 3. Inspect utility billing history for all City-owned properties for the period July 1, 2013 through June 30, 2020 for transactions that are unusual compared to all other historical transactions and are not in accordance with the historical accounting processes determined in #1 above. See attached, “Documentation of Accounting Process for Usage, Billing, and Payment of Utilities July 1, 2013 – June 30, 2020” which was prepared from information obtained in interviews with Kelly Telford, Director of Finance/Treasurer. A summary of the attached document is below. Prior to November 2015, all billings to City-owned properties for utilities were written off. The effect of this write off was to remove the Receivables and also remove the corresponding Revenues for water, sewer, street sweeping and tree trimming. Therefore, no Receivables and no Revenues related to billings to City-owned properties were included on the financial statements of the City of Seal Beach Water Enterprise Fund and Sewer Enterprise Fund for Fiscal Years 2013-2014 and 2014-2015. The City also did not pay any of the bills for utility usage by City-owned properties during the period July 1, 2013 through October 31, 2015. There was a change in how the City accounted for utility billing of City-owned properties that took place around November 2015. In November 2015, a payment was recorded in the utility billing system for the first time during the period reviewed indicating that the City had paid for utilities used by City-owned properties. Payments were recorded again in September 2016 and November 2016. Although these payments were recorded in the utility billing system, the bills were never actually paid by the City. Journal entries were made to reverse the payment at a later date which resulted in the Receivables and Revenues remaining on the accounting books, which is different than the prior accounting policy which was to remove the Receivables and Revenues for all City-owned properties. Determining the reason why the method of accounting for utility billing of City-owned properties changed is outside of the scope of these agreed-upon procedures. However, based on a review of the transactions in the Springbrook accounting system, it is clear that the City did not pay for utilities used by City- owned properties at any time during the period July 1, 2013 through June 30, 2020. 3 After November 2016, there was another change in how the City accounted for utility billing. Instead of writing off the bills for utilities used by City-owned properties as was done previously, the bills were left to accumulate and build in Fiscal Years 2017, 2018 and 2019. No write offs or payments were recorded. This continued until December 2019 when all prior year billings were written off and the corresponding Receivables and Revenues were reversed. This caused revenue to be overstated in Fiscal Years 2017, 2018, 2019, and understated in Fiscal Year 2020. Overstated or understated in the context of this report relates to how Revenue was reported in each fiscal year as compared to how they would have been reported under the method of accounting prior to Fiscal Year 2017 when all billings of utilities to City-owned properties were written off as soon as they were recorded. These differences are summarized in the attached “Summary of Utility Billing, Payments Recorded and Write Offs By Fiscal Year 2014 – 2020." In addition, there were three large billing errors noted during the period July 1, 2013 through June 30, 2020. Two of the billing errors were recorded on September 19, 2016 to Account 012625 B.M Res/Landscape for $241,881.42 and Account 014422 MED NO OF TULIP for $241,847.54. Both amounts were immediately reversed out of the Receivable and Revenue accounts on the day after they were billed. The third billing error took place on October 22, 2018 to Account 012617 SB BLVD SO/PCH for $241,983.06. This bill was reversed on January 9, 2019. The reason for these billing errors is unclear from the notes in the Springbrook accounting system and we were unable to verify with certainty whether these unusually large billing amounts resulted from actual usage, or were the result of a billing error or meter issue. These unusually large billing amounts are very inconsistent with prior bills to these locations. None of the three billing errors caused the Receivable or Revenue of the City’s Water Utility Enterprise Fund and Sewer Utility Enterprise Fund to be overstated on the financial statements, as they were all reversed in the same fiscal year in which they were recorded initially. Because of the reversal of these bills, and because no amended or corrected bill was issued to these locations, there was no amount billed to these locations during the periods noted above, and Revenue was potentially understated. Based on prior and subsequent period bills, it appears that the error amount could be approximately $100-$200. 4. Obtain and inspect supporting documents for any unusual transactions, including original documents and electronic source files from the City’s accounting software. The utility billings, payments, write offs and journal entries recorded during the period July 1, 2013 through June 30, 2020 have been summarized from information obtained from the City’s Springbrook accounting system. Original documents were obtained and inspected for all unusual transactions discussed in #3 above, except for the following: November 2015 Billing Period Where Payment Recorded by City Then Reversed o Utility Billing Documents o Adjustment Documents reversing the cash receipt that was posted 4 September 2016 Billing Period Where Payment Recorded By City Then Reversed and Unusually Large Billing Amount o Adjustment Documents reversing the cash receipt that was posted o Adjustment Documents reversing the unusually large billing amount November 2016 Billing Period Where Payment Recorded By City Then Reversed and Unusually Large Billing Amount o Adjustment Documents reversing the cash receipt that was posted o Adjustment Documents reversing the unusually large billing amount October 2018 Billing Period With Unusually Large Billing Amount o Utility Billing Documents o Adjustment Documents reversing the unusually large billing amount The documents above were requested but were unable to be located by the City. The City’s Record Retention Policy does not require original documents to be maintained for any specified period of time and allows for destruction when they are no longer required. The Record Retention Policy indicates that the Springbrook accounting system is to be relied upon as a trusted system and therefore the Springbrook accounting system is the record, not the printout of the reports. 5. Determine and quantify the impact of any unusual transactions identified on the financial statements of the City of Seal Beach. See attached “Summary of Utility Billing, Payments Recorded and Write Offs By Fiscal Year 2014 – 2020" for a summary of the financial impact of the City’s changes in accounting for utility billing of City-owned properties during the period July 1, 2013 through June 30, 2020. This schedule summarizes the total utility billings, payments recorded, write-off’s recorded, and the total amount of Revenue that is overstated or understated for all City- owned properties by fiscal year. Overstated or understated in this context relates to how the Revenue was reported in each fiscal year as compared to how they would have been reported under the method of accounting prior to Fiscal Year 2017. As a result of the changes made in the City’s accounting for utility billings and payments in late 2016, the Revenue accounts in the City’s Water Utility Enterprise Fund and Sewer Utility Enterprise were incorrect by the following amounts: Fiscal Year Revenue Over/(Under) Stated 2016-2017 $ 129,081.86 2017-2018 $ 172,553.03 2018-2019 $ 154,960.78 2019-2020 $ (359,446.94) Total $ 97,148.73 5 We were engaged by Craig Steele of Richards, Watson, & Gershon on behalf of the City of Seal Beach to perform this agreed-upon procedures engagement and we conducted our engagement in accordance with attestation standards established by the American Institute of Certified Public Accountants. We were not engaged to and did not conduct an examination or review engagement, the objective of which would be the expression of an opinion or conclusion on the nature of the City’s accounting for the billing and payment of utilities supplied to City-owned properties by the City of Seal Beach Utility Services. Accordingly, we do not express such an opinion or conclusion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you. We are required to be independent of the City of Seal Beach and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements related to our agreed-upon procedures engagement. This report is intended solely for the information and use of Craig Steele of Richards, Watson, & Gershon as City Attorney, the City of Seal Beach, the City Council, and the City Manager, and is not intended to be and should not be used by anyone other than those specified parties. Willis Consulting & Accounting, Inc. Anaheim, CA April 2, 2021 6 City of Seal Beach Documentation of Accounting Process for Usage, Billing and Payment of Utilities July 1, 2013 – June 30, 2020 Confidential Attorney Work Product Below is a discussion of how the City of Seal Beach (the “City”) accounted for the usage, billing, and payment of the water, sewer, street sweeping and tree trimming services provided to City-owned properties by the City of Seal Beach Utility Service from July 1, 2013 through June 30, 2020. We are not aware of any formal documented process for utility billing of City-owned properties in place at the City. We also express no opinion as to whether the accounting process in place for utility billing of City-owned properties at the City is correct, or in compliance with laws or regulations. The process documented in this report is based solely on our inquiries with Kelly Telford, the City’s current Director of Finance/Treasurer. Determining why any changes were made to the accounting process for utility billing of City-owned properties is outside the scope of these agreed-upon procedures. From July 1, 2013 through October 31, 2015 the City accounted for billing for utility usage by the City of Seal Beach Utility Service to City-owned properties in the same way. The bill was prepared based on usage just like any other utility customer. Billing frequencies varied, however most city accounts were billed every five months. Two accounts were billed with more frequency, typically every two months. In September 2016, the billing frequency changed for all City-owned properties to every two months. Once the bill was entered into the utility billing system, it was written off or reversed within one to five days after the billing date. The effect of this write off was to remove the Receivable and also remove the corresponding Revenue. Therefore, no Receivables and no Revenues related to billings to City-owned properties were included on the financial statements of the City of Seal Beach Water Enterprise Fund or Sewer Enterprise Fund for Fiscal Years 2013-2014 and 2014-2015. The City also did not pay any of the bills for utility usage by City-owned properties during the period July 1, 2013 through October 31, 2015. In November 2015, the utility billing system shows that a payment was made by the City on the utility bill prepared November 9, 2015. According to the utility billing system in the Springbrook accounting system, however, it appears that this payment was never made. An adjustment was made on November 24, 2015 to reverse the payment recorded, and another adjustment was made on December 2, 2015 to write off the Receivable and the Revenue in the same manner that the write off adjustments had been made in the past. The very next billing cycle in April 2016 was accounted for under the historical method where the bill was prepared and immediately written off within one day of the billing date. The next two billing cycles in September 2016 and November 2016 were accounted for in a manner that was different than every billing cycle before and after. The September 2016 utility bill was issued on September 19, 2016 and the November 2016 utility bill was issued on November 29, 2016. The day after the billing date, payments were recorded in the utility billing 7 system for the full amount billed. There were two City accounts where payments were not recorded: 1640 Bolsa Avenue and NA Zoeter Field. It is unclear why payments were not recorded to those two accounts. The payments recorded in the utility billing system were not reversed, however, like in November 2015, and the payment was never actually made by the City. The payment remained on the accounting books and records until the accounting staff attempted to prepare the bank reconciliations for the months of September and November 2016. The payments that had never been made by the City appeared to be causing the bank reconciliations to have an unreconciled difference. Journal entries were made in October and December 2016 in order to balance the bank reconciliations for the months of September and November 2016. These journal entries had the effect of increasing the Receivable and decreasing Cash. As a result, the Revenue related to the utility billing for both of these periods was never removed from the accounting books and as a result, Revenue was overstated by $97,148.73. This amount was never adjusted or removed in a later period. Overstated or understated in the context of this report relates to how the Revenue was reported in each fiscal year as compared to how they would have been reported under the method of accounting prior to Fiscal Year 2017 when all billings of utility to City-owned properties were written off as soon as they were recorded. Determining the reason why the method of accounting for utility billing of City-owned properties changed is outside of the scope of these agreed upon procedures. However, it is clear that the City did not actually pay the utility bills in any billing cycle during the period July 1, 2013 through June 30, 2020. In the billing cycles after November 2016, the amounts billed to the City were not written off as they had been previously and no further payments were recorded. This left the amounts billed to accumulate in the Receivable and Revenue accounts from the January 2017 billing period to the October 2019 billing period. This caused the Revenue account to be overstated by the following amounts each fiscal year: FY 2016-2017 $ 129,081.86* FY 2017-2018 $ 172,553.03 FY 2018-2019 $ 154,960.78 Total $ 456,595.67 * this amount includes the $97,148.73 overstatement from September and November 2016 In December 2019 and January 2020, an attempt was made to clean up and remove the previous billings that had been left to accumulate since January 2017. Adjusting entries were made in December 2019 and January 2020 to write off the outstanding Receivables and remove the Revenue for the billing periods from January 2017 through October 2019 for a total of $359,446.94. This caused the Revenue in FY 2019-2020 to be understated by $359,446.94. In addition, there were three large billing errors noticed during the period July 1, 2013 through June 30, 2020. Two of the billing errors were recorded on September 19, 2016 to Account 012625 B.M Res/Landscape for $241,881.42 and Account 014422 MED NO OF TULIP for $241,847.54. Both amounts were immediately reversed out of the Receivable and Revenue accounts on the day after they were billed. The third billing error took place on October 22, 2018 8 to Account 012617 SB BLVD SO/PCH for $241,983.06. This bill was reversed on January 9, 2019. The reason for these billing errors is unclear from the notes in the Springbrook accounting system and we were unable to verify with certainty whether these unusually large billing amounts resulted from actual usage, or were the result of a billing error or meter issue. These unusually large billing amounts are very inconsistent with prior bills to these locations. None of the three billing errors caused the Receivable or Revenue of the City’s Water Utility Enterprise Fund and Sewer Utility Enterprise Fund to be overstated on the financial statements, as they were all reversed in the same fiscal year in which they were recorded initially. Because of the reversal of these bills, and because no amended or corrected bill was issued to these locations, there was no amount billed to these locations during the periods noted above, and Revenue was potentially understated. Based on prior and subsequent period bills, it appears that the error amount could be approximately $100-$200. City of Seal Beach Summary of Utility Billing, Payments Recorded and Write Offs By Account Confidential Attorney Work Product Account Number Service Address Billing Revenue Payment Recorded Billing Error Write-Off Over/(Under) Stated Revenue 000425-000 3900 Lampson (Tennis Center)76,238.00 (5,748.24) (70,489.76) 5,748.24 000894-000 1640 BOLSA AVENUE 32,495.81 - (32,495.81) - 000898-000 NA Zoeter Field 25,187.62 - (25,187.62) - 003736-000 NA ASTER PARK IRR 11,784.26 (1,044.60) (10,739.66) 1,044.60 005947-000 201 8TH STREET 2,096.95 (130.68) (1,966.27) 130.68 012568-000 PCH & 13TH 4,372.20 (104.06) (4,268.14) 104.06 012570-000 1ST ST MEDIAN (OAKWD 7,016.23 (65.25) (6,950.98) 65.25 012571-000 1ST ST BEACH COMPLEX 583.41 (48.97) (534.44) 48.97 012572-000 1ST ST/RESTRM 26,569.25 (2,492.60) (24,076.65) 2,492.60 012573-000 IKE PARK EAST OF 8TH 7,224.24 (880.88) (6,343.36) 880.88 012574-000 IKE PARK WEST OF 8TH 12,869.25 (1,418.12) (11,451.13) 1,418.12 012575-000 IKE PARK /LFE GD HDQ 3,051.64 (300.08) (2,751.56) 300.08 012576-000 IKE PARK EST OF MAIN 1,051.15 (130.68) (920.47) 130.68 012577-000 IKE PARK EST OF 10TH 16,833.61 (1,507.66) (15,325.95) 1,507.66 012578-000 PIER SHOWER 30,964.35 (709.06) (30,255.29) 709.06 012580-000 MAIN ST PARKING LOT 1,695.90 (329.12) (1,366.78) 329.12 012581-000 STATION 35 11,319.29 (873.62) (10,445.67) 873.62 012582-000 MAIN ALLEY GRN BELT 19,400.88 (2,153.80) (17,247.08) 2,153.80 012583-000 10TH ALLEY GRNBELT 14,095.84 (1,342.97) (12,752.87) 1,342.97 012584-000 11TH ALLEY GRNBELT 9,890.85 (96.80) (9,794.05) 96.80 012585-000 12TH ALLEY/GREENBELT 20,556.40 (1,943.26) (18,613.14) 1,943.26 012586-000 13TH ALLEY/GREENBELT 16,163.92 (1,589.94) (14,573.98) 1,589.94 012587-000 14TH ALLEY/GREENBELT 14,035.27 (1,483.46) (12,551.81) 1,483.46 012588-000 DOLPHIN/GREENBELT 18,603.86 (1,877.92) (16,725.94) 1,877.92 012589-000 MARINE ST/GREEN BELT 12,936.79 (1,292.28) (11,644.51) 1,292.28 012590-000 332 11th ST ZOETER BALL 105.90 (7.26) (98.64) 7.26 012591-000 341 11th ST ZOETER FIELD 38,404.45 (4,382.62) (34,021.83) 4,382.62 012593-000 6TH ST/GREENBELT 18,504.19 (1,807.74) (16,696.45) 1,807.74 012594-000 8TH ST/GREENBELT 11,303.56 (1,231.78) (10,071.78) 1,231.78 012596-000 211 8th St 5,240.51 (517.88) (4,722.63) 517.88 012597-000 MARINA & 5TH 6,189.60 (498.52) (5,691.08) 498.52 012598-000 4TH & CENTRAL 178.59 (14.52) (164.07) 14.52 012599-000 BRIDGEPORT ENT SO 1,168.64 - (1,168.64) - 012600-000 BRIDGEPORT ENT NO.21,930.10 (2,175.58) (19,754.52) 2,175.58 012601-000 GALLEON & SCHOONER 1,779.99 (181.50) (1,598.49) 181.50 012602-000 530 GALLEON ( ALLEY)5,707.21 (626.78) (5,080.43) 626.78 012603-000 GALLEON & DORY WAY 1,002.07 (72.60) (929.47) 72.60 012604-000 SCHOONER 17,696.62 (1,360.04) (16,336.58) 1,360.04 012605-000 PEOPLE'S PARK 5,949.61 (817.96) (5,131.65) 817.96 012606-000 151 Marina Dr MARINA C.C.15,290.13 (1,507.66) (13,782.47) 1,507.66 012607-000 MARINA PARK #2 7.26 - (7.26) - 012608-000 MARINA/ 2ND ISLAND 1,575.75 - (1,575.75) - 012609-000 SB BLVD N./ELECT 663.12 (33.88) (629.24) 33.88 012610-000 SB BLVD SO./LANDING 889.36 (33.88) (855.48) 33.88 012611-000 SB BLVD SO/PCH 1,638.90 (106.48) (1,532.42) 106.48 012612-000 BALBOA & PCH 3,159.07 (491.26) (2,667.81) 491.26 012613-000 BOLSA PKWY/RIVERIA 5,938.72 (321.86) (5,616.86) 321.86 012614-000 MCGAUGH TENNIS COURT 39,014.21 (4,167.24) (34,846.97) 4,167.24 012615-000 CATALINA & CRESTVIEW 86.54 (19.36) (67.18) 19.36 012616-000 S BLVD SO FORRESTAL 7,782.19 (808.28) (6,973.91) 808.28 012617-000 SB BLVD SO/LOPEZ 245,953.41 (457.38) (241,983.06) (3,512.97) 457.38 012618-000 POLICE DEPT--FRT IRR 7,231.15 (718.74) (6,512.41) 718.74 012619-000 POLICE DEPT/SIDEWALK 6,827.29 (464.64) (6,362.65) 464.64 012620-000 PUB WORKS/FR. WALK 3,561.40 (578.38) (2,983.02) 578.38 012621-000 PUB WORKS/BEHIND SHO Irr 1,125.52 (38.72) (1,086.80) 38.72 012624-000 SB BLVD/WESTMINSTER 2.42 - (2.42) - 012625-000 B.M RES/LANDSCAPE 243,439.25 - (241,881.42) (1,557.83) - 012626-000 BLUEBELL PARK 18,651.95 (2,124.76) (16,527.19) 2,124.76 012627-000 BLUEBELL PARK 3,531.58 (353.32) (3,178.26) 353.32 012628-000 ALMOND WALL& CARNATI 3,244.48 (358.16) (2,886.32) 358.16 012629-000 ALMOND WALL & DAHLIA 1,292.97 (546.92) (746.05) 546.92 012630-000 ALMOND WALL & IRIS 1,682.92 (324.28) (1,358.64) 324.28 July 1, 2013 Through June 30, 2020 9 Account Number Service Address Billing Revenue Payment Recorded Billing Error Write-Off Over/(Under) Stated Revenue July 1, 2013 Through June 30, 2020 012631-000 ALMOND PARK 14,007.51 (1,004.30) (13,003.21) 1,004.30 012632-000 ALMOND PK PLAYGROUND 8,364.64 (1,906.96) (6,457.68) 1,906.96 012634-000 ALMOND WALL/PRIMROSE 971.94 (48.40) (923.54) 48.40 012635-000 TULIP/LAMPSON (PLANT 323.29 (48.40) (274.89) 48.40 012636-000 ARBOR PARK 163,045.10 (15,403.30) (147,641.80) 15,403.30 012637-000 HEATHER/LAMP (PLANT)137.45 (26.62) (110.83) 26.62 012638-000 HEATHER PARK (IRIS)20,943.19 (2,778.16) (18,165.03) 2,778.16 012639-000 HEATHER PARK/IRONWOO 12.10 (7.26) (4.84) 7.26 012640-000 LAMP/SO OF HEATHER 12,614.64 (946.22) (11,668.42) 946.22 012641-000 CANDLEBERRY/LAMPSON IS 6,316.67 (396.88) (5,919.79) 396.88 012642-000 BEV MANOR/SB BLVD 15,775.54 (2,141.70) (13,633.84) 2,141.70 012643-000 COLLEGE PK WEST ENTR 5,313.15 (559.02) (4,754.13) 559.02 012644-000 COLLEGE PK WEST ISL.2,765.95 (280.72) (2,485.23) 280.72 013060-000 1st Street & PCH 7,346.17 (607.42) (6,738.75) 607.42 013533-000 ROSE & LAMPSON IRRIG 137.94 (29.04) (108.90) 29.04 013534-000 CANDELBERRY & LAMPSO 173.58 (24.20) (149.38) 24.20 014422-000 MED NO OF TULIP 243,345.64 - (241,847.54) (1,498.10) - 016042-000 WESTMIN. BLVD IN MED 173.91 (19.36) (154.55) 19.36 016043-000 SEAL BCH BLVD IN MED 2,442.83 (261.36) (2,181.47) 261.36 016044-000 WEST. BLVD IN MED 2 5,027.28 (280.72) (4,746.56) 280.72 019284-000 Marina Drive Median Irr 1,635.87 (116.16) (1,519.71) 116.16 019285-000 Seal Beach Median Irr 9,118.05 (876.04) (8,242.01) 876.04 019286-000 Almond Wall @ Sunflower Irr 5,110.62 (309.76) (4,800.86) 309.76 019785-000 Seal Beach Blvd Median IRR 6,115.34 (876.04) (5,239.30) 876.04 023093-000 LAMPSON IRR (next to Caltrans)4,061.72 (150.04) (3,911.68) 150.04 025502-000 12500 Seal Beach Blvd (Irr)3,662.35 (464.64) (3,197.71) 464.64 031682-000 1st Street Shower/Fountain 6,431.32 (1,585.10) (4,846.22) 1,585.10 039880-000 Tulip /Lampson Median - - - - 040298-000 4400 Northgate Irr 1,011.56 (162.14) (849.42) 162.14 040851-000 Edison Park (Garden) Irr 18,353.28 (2,613.60) (15,739.68) 2,613.60 040852-000 Edison Park (Baseball Field) Irr 35,177.12 (2,502.28) (32,674.84) 2,502.28 040853-000 Edison (Grassy Front Lot) Irr 27,791.28 (4,537.50) (23,253.78) 4,537.50 041391-000 Marina Park #1 8,651.50 (1,471.36) (7,180.14) 1,471.36 048350-000 PIER MENS BATHROOM 3,550.14 - (3,550.14) - Total 1,784,696.27 (97,148.73) (725,712.02) (961,835.52) 97,148.73 10 City of Seal BeachSummary of Utility Billing, Payments Recorded and Write Offs By Fiscal Year 2014 - 2020Confidential Attorney Work ProductBilling RevenuePayment Recorded Billing ErrorsWrite-OffOver/(Under) Stated RevenueBilling RevenuePayment Recorded Billing ErrorsWrite-OffOver/(Under) Stated RevenueAll City-Owned Property Customers 232,064.06 - - (221,708.57) 10,355.49 121,513.47 - - (129,236.00) (7,722.53) Billing RevenuePayment Recorded (NOTE 1) Billing ErrorsWrite-OffOver/(Under) Stated RevenueBilling Revenue (NOTE 3)Payment Recorded (NOTE 2)Billing Errors (NOTE 3) Write-Off Over/(Under) Stated RevenueAll City-Owned Property Customers 124,894.66 - - (127,527.62) (2,632.96) 612,810.82 (97,148.73) (483,728.96) - 129,081.86 Billing RevenuePayment Recorded Billing ErrorsWrite-OffOver/(Under) Stated RevenueBilling Revenue (NOTE 4)Payment RecordedBilling Errors (NOTE 4) Write-Off Over/(Under) Stated RevenueAll City-Owned Property Customers 172,553.03 - - - 172,553.03 396,943.84 - (241,983.06) - 154,960.78 Billing RevenuePayment Recorded Billing ErrorsWrite-Off (NOTE 5)Over/(Under) Stated RevenueBilling RevenuePayment Recorded Billing ErrorsWrite-OffOver/(Under) Stated RevenueAll City-Owned Property Customers 123,916.39 - - (483,363.33) (359,446.94) 1,784,696.27 (97,148.73) (725,712.02) (961,835.52) 97,148.73 NOTE 3NOTE 4 A billing error was recorded in the amount of $241,983.06 to Acct 012617 on October 22, 2018 and was reversed on January 9, 2019.No adjustments were made to write off utility billings to City accounts from 1/2017 through 11/2019. In 12/2019 and 1/2020, all outstanding amounts were written off from 2017 through the current date.NOTE 5FY 2013-2014FY 2014-2015FY 2015-2016FY 2016-2017FY 2017-2018FY 2018-2019FY 2019-2020 Total 7 Year PeriodNOTE 1NOTE 2A payment was processed in the Utility Billing System on 11/10/15. Notes in the system state it was a misapplied payment. On 11/24/15, the payment was reversed and then on 12/2/15, the receivable and revenue were written off/adjusted out.A payment was processed in the Utility Billing System in two billing cycles: September 2016 and November 2016. These payments were never actually made by the City. A manual journal entry was made for both periods in October 2016 and December 2016 to adjust the cash in order to balance the bank reconciliation. The manual journal entry adjusted the receivable and the cash, but did not remove the revenue recorded, and so the revenue remains overstated.Two billing errors in the amount of $241,847.54 and $241,881.42 were recorded in two separate customer accounts (Acct 014422 and Acct 012625). The amounts were reversed in full immediately after being billed (within 1 day). 11 RESOLUTION NUMBER 5967 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ADJUSTING WATER RATES WHEREAS, The City of Seal Beach ( "City ") maintains a municipal water system for the furnishing of water to water users in the City and has previously adopted water rates per Resolution 5159 dated August 11, 2003 for the sale and distribution of water; WHEREAS, It has always been the policy of the City Council that the City's water utility be self - supporting from charges made by the City for water furnished to customers and all services rendered in connection therewith; WHEREAS, The cost of operating and maintaining the City's municipal water system has steadily increased in recent years; WHEREAS, The Municipal Water District of Orange County and the Orange County Water District, having the sole authority to set rates for water purchases, replenishment assessments, and associated fees for the importation of water and pumping of groundwater, respectively, deliver water to the City and pass through increases in the cost of providing such water to the City; WHEREAS, Seal Beach Municipal Code §9.35.020 provides for the establishment of water rates by City Council resolution; WHEREAS, On December 21, 2009, the City mailed notice of the proposed rate adjustment to each water user, explaining the total amount of the proposed rate adjustment, the amount each water user would pay, the duration of the payments, the reason for the adjustment in rates, and the basis upon which the rate adjustment was calculated. The notice also provided information regarding the public hearing on the proposed rate adjustment as well as instructions for providing written protests regarding the proposed rate adjustment; and WHEREAS, The City Council held a public hearing regarding the proposed water rate adjustment on February 8, 2010, at which time the City Council received public testimony and considered all objections and protests to the proposed charges. The item was continued to March 8, 2010, then continued to March 22, 2010, and thereafter continued again to April 12, 2010. Having received no written protests from a majority of owners of the parcels upon which the charges are proposed for imposition, the City Council therefore declares its intent to adopt the proposed rate adjustment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: That the following water rates are hereby established and fixed as specified in the following schedule and in accordance with provisions on the following pages: Intentionally Left Blank) Resolution Number 5967 Table 14. Bi- Monthly Meter Charge Calculation (All Customer Classes except Fire Service) 1. The 12' meter size is currently billed on a monthly basis at one -half the amount stated above. Sources City of Seal Beach, W illdan Financial Service Table 15. Fire Service Standby Fees Calculation Equivalent FY 2010 -11 FY 2011 -12 FY 2012 -13 Meter Size FY 2013 -14 Total Meters & Services Costs 574,995 602,951 634,080 666.155 37.86 Number of Equivalent Meters 1.67 7,378 43.34 7,378 7,378 1.5" 7,378 62.98 Bi- Monthly Cost per 5/8" & 3/4" Meter 12.99 13.62 14.32 15.05 103.06 Total Customer Billing Costs 604.330 633,712 666,430 700,141 236.16 Number of Accounts 260.43 5,116 6" 5,116 5,116 474.64 5,116 524.39 Bi- Monthly Cost per 5/8" & 3/4' Meter 19.69 20.64 21.71 22.81 1,015.46 BI- MONTHLY METER CHARGE 1,119.81 1,176.45 12' '103.33 1,361.82 1,428.03 1,501.76 1,577.72 1. The 12' meter size is currently billed on a monthly basis at one -half the amount stated above. Sources City of Seal Beach, W illdan Financial Service Table 15. Fire Service Standby Fees Calculation Equivalent Meter Size Meter Factor FY 2010 -11 FY 2011 -12 5/8" & 3/4'1.00 32.68 34.26 36.03 37.86 1 "1.67 41.33 43.34 45.58 47.89 1.5"3.33 62.98 66.04 69.45 72.97 2"5.33 88.96 93.28 98.10 103.06 3"10.67 158.23 165.92 174.49 183.32 4"16.67 236.16 247.64 260.43 273.60 6"33.33 452.63 474.64 499.14 524.39 8"53.33 712.40 747.04 785.60 825.34 10'76.67 1,015.46 1,064.83 1,119.81 1,176.45 12' '103.33 1,361.82 1,428.03 1,501.76 1,577.72 1. The 12' meter size is currently billed on a monthly basis at one -half the amount stated above. Sources City of Seal Beach, W illdan Financial Service Table 15. Fire Service Standby Fees Calculation FY 2010 -11 FY 2011 -12 FY 2012 -13 FY 2013 -14 Total Annual Fire Service Costs $58,995.00 58,995.00 58,995.00 58,995.00 Number of Equivalent Connections 3,121 3,121 3,121 3,121 Charge per equivalent $18.90 18.90 18.90 18.90 Monthly Charge per equivalent $1.58 1.58 1.58 1.58 Meter Size Demand Factor Standby Fees • Minimum Monthly Charge 11. 1.00 1.58 1.58 1.58 1.58 2" 4.00 6.30 6.30 6.30 6.30 4" 16.00 25.20 25.20 25.20 25.20 6' 36.00 56.71 56.71 56.71 56.71 8' 64.00 100.81 100.81 100.81 100.81 10" 100.00 157.52 157.52 157.52 157.52 12" 144.00 226.83 226.83 226.83 226.83 Demand factors based on nominal size of connection raised to the 2.00 power. The demand factors are based on AW WA standards for allocating service costs to public and private fire accounts. Sources: City of Seal Beach, Willdan Financial Services 1 Resolution Number 5967 Table 16. Residential 131-monthly Increasing Block Consumption Rate Calculation Table 17. Leisure World 131-monthly Increasing Block Consumption Rate Calculation FY FY FY FY FY FY FY Description 2010/11 2010/11 2011/12 2012/13 2012/13 2013/14 2013/14 Residential Water Costs 1,507,568 1,580,865 1,662,482 1,746,579 1,156,059 Hesiaennai LonsumpTion (ncT)782,299 517,803 782,299 782,299 517,803 782,299 517,803 Residential Base Rate ($/hcf)1.93 2.02 2.13 2.23 2.23 Residential Share of Penalty Water Costs 176,539 176,539 176,539 176,539 116,851 Residential Consumption Above Avg Usage (hcf)273,805 181,231 273,805 273,805 181,231 273,805 181,231 Additional Amount per hcf for Conservation 0.64 0.64 0.64 0.64 0.64 Block 1 Rates (per hcf): (1 to 26 hcf bi- monthly)1.93 2.02 2.13 2.23 2.23 Block 2 Rates (per hcf): (27 hcf and above bi- monthly)2.57 2.67 2.77 2.88 2.88 Source: City of Seal Beach; Willdan Financial Services Table 17. Leisure World 131-monthly Increasing Block Consumption Rate Calculation FY FY FY FY Description 2010/11 2011/12 2012/13 2013/14 Leisure World Water Costs 997,858 1,046,373 1,100,395 1,156,059 Leisure World Consumption (hct)517,803 517,803 517,803 517,803 Leisure World Base Rate ($/hcf)1.93 2.02 2.13 2.23 Leisure World Share of Penalty Water Costs 116,851 116,851 116,851 116,851 Leisure World Consumption Above Avg Usage (hcf)181,231 181,231 181,231 181,231 Additional Amount per hcf for Conservation 0.64 0.64 0.64 0.64 Block 1 Rates (per hcf): (1 to 45,490 hcf monthly)1.93 2.02 2.13 2.23 Block 2 Rates (per hcf): (45,491 and above monthly)2.57 2.67 2.77 2.88 Source: City of Seal Beach, Willdan Financial Services Table 18. Commercial Bi- monthly Increasing Block Consumption Rate Calculation FY FY FY FY Description 2010/11 2011/12 2012113 2013/14 Commercial Water Costs Commercial Consumption (hcf) Commecial Base Rate ($ /hcf) 763,999 $ 801,145 $ 842,506 $ 885,125 393,758 393,758 393,758 393,758 1.94 $ 2.03 $ 2.14 $ 2.25 Commercial Share of Penalty Water Costs Commercial Consumption Above Avg Usage (hcf) Additional Amount per hcf for Conservation Block 1 Rates (per hcf): See Table Below Block 2 Rates (per hcf): See Table Below 88,858 $ 88,858 $ 88,858 $ 88,858 157,503 157,503 157,503 157,503 0.56 $ 0.56 $ 0.56 $ 0.56 1.94 $ 2.03 $ 2.14 $ 2.25 2.50 $ 2.60 $ 2.70 $ 2.81 Source: City of Seal Beach, Willdan Financial Services S7296.0001 Resolution Number 5967 Table 19. Commercial Bi- monthly Increasing Block Consumption Rate Summary Table 20. Consumption Rate - City and All Other Classes Description FY 2010/11 FY FY 2012/13 FY City Water Costs including Penalty Water Costs FY 141,599 FY Description City Consumption (hcf) 2010/11 63,996 2011/12 63,996 2012/13 2.12 2013/14 2.32 2.42 Rate (per hcf)2.12 2.21 2.32 2.42 5/8" - 3/4" Meters Block 1 Rate per ccf (0 -26 ccf)1.94 2.03 2.14 2.25 Block 2 Rate per ccf (27+ ccf)2.50 2.60 2.70 2.81 1 " Meters Block 1 Rate per ccf (0 -43 ccf)1.94 2.03 2.14 2.25 Block 2 Rate per ccf (44+ ccf)2.50 2.60 2.70 2.81 1 1/2" Meters Block 1 Rate per ccf (0 -88 ccf)1.94 2.03 2.14 2.25 Block 2 Rate per ccf (89+ ccf)2.50 2.60 2.70 2.81 2" Meters Block 1 Rate per ccf (0 -205 ccf)1.94 2.03 2.14 2.25 Block 2 Rate per ccf (206+ ccf)2.50 2.60 2.70 2.81 3" Meters' Block 1 Rate per ccf (0 -420 ccf)1.94 2.03 2.14 2.25 Block 2 Rate per ccf (421+ ccf)2.50 2.60 2.70 2.81 4" Meters Block 1 Rate per ccf (0 -686 ccf)1.94 2.03 2.14 2.25 Block 2 Rate per ccf (687+ ccf)2.50 2.60 2.70 2.81 6" Meters Block 1 Rate per ccf (0 -1941 ccf)1.94 2.03 2.14 2.25 Block 2 Rate per ccf (1942+ ccf)2.50 2.60 2.70 2.81 8" Meters Block 1 Rate per ccf (0 -4951 ccf)1.94 2.03 2.14 2.25 Block 2 Rate per ccf (4952+ ccf)2.50 2.60 2.70 2.81 10" Meters' Block 1 Rate per ccf (0 -7117 ccf)1.94 2.03 2.14 2.25 Block 2 Rate per ccf (7118+ ccf)2.50 2.60 2.70 2.81 12" Meters' Block 1 Rate per ccf (0 -45490 ccf)1.94 2.03 2.14 2.25 Block 2 Rate per ccf (45490+ ccf)2.50 2.60 2.70 2.81 1. Allotment based on AWWA Flow Ratios. Source: City of Seal Beach; Willdan Financial Services Table 20. Consumption Rate - City and All Other Classes Description FY 2010/11 FY 2011/12 FY 2012/13 FY 2013/14 City Water Costs including Penalty Water Costs 135,703 141,599 148,164 154,928 City Consumption (hcf)63,996 63,996 63,996 63,996 Base Rate ($/hcf)2.12 2.21 2.32 2.42 Rate (per hcf)2.12 2.21 2.32 2.42 Source: City of Seal Beach; Willdan Financial Services 1 All provisions of Resolution No. 5159 shall remain in effect except as modified herein. BE IT FURTHER RESOLVED that the respective water rates set forth above shall become effective on July 1st of each respective fiscal year. Resolution Number 5967 1 1 1 PASSED, APPROVED and ADOPTED by the City Council of the City of Seal Beach at a regular meeting held on the 12th day of April , 2010 by the following vote: AYES: Council Members NOES: Council Members c I '/v, lr ABSENT: Council Members 6 r 1101 ABSTAIN: Council Members r ( W& 14 r.Mayor 20 RgjF ATTEST: M COB1 2 it Clerk FCD(/N STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 5967 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 12th day of April , 2010. W. y 79M, 2AW 1, Mid S7296.0001 t RAFTELTs FrNnrucltl P Asencv; City of Seal Beach Study: Water & Wastewater Rate Study Meetlnr: Financial Plan & Preliminary Rates Meeting z6[]iliDrm-.q Paftlcipants; Pr-k'at'lll lrls Lee - City Engineer Obiestivesr Alayna Hoang- Review and Finalize Water and Wastewater Financial Plans Review and Finalize Water and Wastewater Rates Address questions and outstanding data Revise schedule a. b. d. 6. 7. Wastewater 12. We removed stormwater costs from the sewer financial plan 13. City confirmed no debt proceeds left for sewer 24540 Jefferson Avsrue, Sulte 207 Mur;ieta, CA 92562 1 I Page Water wrYw,raftelis,(om 4. Raftelis will provlde model to City after preparinB draft ptesentation years-worth of debt service Connection. Reserve goal is 1 8. 9.CIP error in City data. Stick to bottom line in Raftelis model. 10. S 142K is fine to assume for Bllling & Customer Service costs. 11. City agrees with S10M debt issue in FY23 and 75% ClP. Fiscal Year 2019-20 Number of City Meters* Bimonthly Charge per Meter Unpaid Charges for FY Meters: 5/8"4 $37.86 $909 Meters: 1"13 $47.89 $3,735 Meters: 1 1/2"11 $72.97 $4,816 Meters: 2"57 $103.06 $35,247 Meters: 4"1 $273.60 $1,642 Meters: 8"1 $825.34 $4,952 Total: $51,300 Fiscal Year 2018-19 Number of City Meters* Bimonthly Charge per Meter Unpaid Charges for FY Meters: 5/8"4 $37.86 $909 Meters: 1"13 $47.89 $3,735 Meters: 1 1/2"11 $72.97 $4,816 Meters: 2"57 $103.06 $35,247 Meters: 4"1 $273.60 $1,642 Meters: 8"1 $825.34 $4,952 Total:$51,300 Fiscal Year 2017-18 Number of City Meters* Bimonthly Charge per Meter Unpaid Charges for FY Meters: 5/8"4 $37.86 $909 Meters: 1"13 $47.89 $3,735 Meters: 1 1/2"11 $72.97 $4,816 Meters: 2"57 $103.06 $35,247 Meters: 4"1 $273.60 $1,642 Meters: 8"1 $825.34 $4,952 Total:$51,300 Fiscal Year 2016-17 Number of City Meters* Bimonthly Charge per Meter Unpaid Charges for FY Meters: 5/8"4 $37.86 $909 Meters: 1"13 $47.89 $3,735 Meters: 1 1/2"11 $72.97 $4,816 Meters: 2"57 $103.06 $35,247 Meters: 4"1 $273.60 $1,642 Meters: 8"1 $825.34 $4,952 Total:$51,300 Unpaid Annual Water Meter/Capital Charges from FY 2013-14 through FY 2019-20 Unpaid Water Meter (Capital) Charges Fiscal Year 2015-16 Number of City Meters* Bimonthly Charge per Meter Unpaid Charges for FY Meters: 5/8"4 $37.86 $909 Meters: 1"13 $47.89 $3,735 Meters: 1 1/2"11 $72.97 $4,816 Meters: 2"57 $103.06 $35,247 Meters: 4"1 $273.60 $1,642 Meters: 8"1 $825.34 $4,952 Total:$51,300 Fiscal Year 2014-15 Number of City Meters* Charge per HCF or Meter (2 months) Unpaid Charges for FY Meters: 5/8"4 $37.86 $909 Meters: 1"13 $47.89 $3,735 Meters: 1 1/2"11 $72.97 $4,816 Meters: 2"57 $103.06 $35,247 Meters: 4"1 $273.60 $1,642 Meters: 8"1 $825.34 $4,952 Total:$51,300 Fiscal Year 2013-14 Number of City Meters* Charge per HCF or Meter (2 months) Unpaid Charges for FY Meters: 5/8"4 $37.86 $909 Meters: 1"13 $47.89 $3,735 Meters: 1 1/2"11 $72.97 $4,816 Meters: 2"57 $103.06 $35,247 Meters: 4"1 $273.60 $1,642 Meters: 8"1 $825.34 $4,952 Total:$51,300 Total FY 13-14 through FY 19-20 $359,102 Revised 9/12/21 *Meter information from Raftelis Model ,tab W>Rev, line 452.