Loading...
HomeMy WebLinkAboutAgenda Packet_03252024     A G E N D A MEETING OF THE CITY COUNCIL Monday, March 25, 2024 ~ 7:00 PM City Council Chambers 211 Eighth Street Seal Beach, California SCHELLY SUSTARSIC MAYOR Fourth District LISA LANDAU MAYOR PRO TEM Third District   JOE KALMICK COUNCIL MEMBER First District                                                           THOMAS MOORE COUNCIL MEMBER Second District     NATHAN STEELE 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  TV-3  and  on  the  City's  website (www.sealbeachca.gov). Check  SBTV-3  schedule  for  the  rebroadcast  of  meetings.  The meetings are also available on demand on the City’s website (starting 2012).   In  compliance with  the Americans with  Disabilities Act of 1990, if  you require disability related modifications or accommodations, including auxiliary aids or services to attend or participate in the City  Council  meeting, please  call  the  City  Clerk's  office  at  (562) 431-2527  at  least 48 hours prior to the meeting. CITY COUNCIL NORMS:                               Adopted on June 12, 2023 •Maintain a citywide perspective, while being mindful of our districts. •Move from I to we, and from campaigning to governing. •Work together as a body, modeling teamwork and civility for our community. •Assume good intent. •Disagree agreeably and professionally.  •Utilize long range plans to provide big picture context that is realistic and achievable. •Stay focused on the topic at hand.  Ensure each member of Council has an opportunity to speak. •Demonstrate respect, consideration, and courtesy to all. •Share information and avoid surprises. •Keep confidential things confidential. •Respect the Council/Manager form of government and the roles of each party. •Communicate concerns about staff to the City Manager; do not criticize staff in public.                                                                                          CIVILITY PRINCIPLES: Treat everyone courteously; Listen to others respectfully; Exercise self-control;  Give open-minded consideration to all viewpoints;  Focus on the issues and avoid personalizing debate; and, Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions.  FOLLOW US ON FACEBOOK FOLLOW US ON INSTAGRAM FOLLOW US ON TWITTER/X                                       @CITYOFSEALBEACH                                                             @CITYOFSEALBEACHCA                                    @SEALBEACHCITYCA @SEALBEACHRECREATION&COMMUNITYSERVICES       @SEALBEACH_LIFEGUARD @SEALBEACHPOLICEDEPARTMENT                                    @SEALBEACHPOLICE                                                                                                   @SEALBEACHPUBLICWORKS                                                                                                   @K9YOSA                                                                                                   @K9.SAURUS CALL TO ORDER PLEDGE OF ALLEGIANCE COUNCIL ROLL CALL ORAL COMMUNICATIONS At this time members of the public may address the Council regarding any items within the  subject  matter jurisdiction  of the City Council. Pursuant  to the Brown Act, the Council  cannot  discuss  or  take  action  on  any  items  not  on  the  agenda  unless authorized  by  law. Matters  not  on the agenda  may, at the Council's  discretion, be referred to the City Manager and placed on a future agenda.   Those members of the public  wishing to speak  are asked to  come forward to  the microphone and state their name for the record. All speakers will be limited to a period of five (5) minutes. Speakers must address their comments only to the Mayor and entire City Council, and not to any individual, member of the staff or audience. Any documents for review should be presented to the City Clerk for distribution. Speaker cards will be available at the Clerk’s  desk for  those wishing  to sign up to address the Council, although the submission of a speaker card is not required in order to address the Council.  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 •San Gabriel River Trash Mitigation Initiative Grant Funds Presentation – Orange County Board of Supervisor Andrew Do, First District •National Tsunami Preparedness Week Proclamation – March 24 – 29, 2024 •City of Seal Beach Dump Day Debrief Presentation CITY ATTORNEY REPORT Nicholas Ghirelli, City Attorney    CITY MANAGER REPORT Jill R. Ingram, City Manager    COUNCIL COMMENTS General Council Member comments and reporting pursuant to AB 1234. A.Council Comment by Council Member Steele -    COUNCIL ITEMS – None CONSENT CALENDAR Items on the consent calendar are considered to be routine and are enacted by a single motion with the exception of items removed by Council Members. B.Approval of the March 11, 2024, City Council Minutes - That the  City Council approve the minutes of the  Regular City Council meeting  held on March 11, 2024.   C.Demands on City Treasury (Fiscal Year 2024) March 25, 2024 -  Ratification.    D.Monthly Investment Report (February 29, 2024) - Receive and file.   E.Council Appointment to the Recreation and Parks Commission – District Four - It is at the request of Mayor Sustarsic that the City Council  appoint William  Holliday De Witt II to the Recreation and  Parks Commission, as a representative for District Four.   F.2023 Annual General Plan Progress Report - That the City Council receive and file the 2023 Annual General Plan Progress Report (APR) and authorize staff to submit the APR to the State Department of Housing and Community Development  (HCD) and the Governor’s Office  of Planning  and Research (OPR), as required by State law.   G.Approval of a Sale Contract for 4197 Ironwood Avenue - That  the City Council adopt  Resolution 7490: 1. Authorizing the sale  of 4197  Ironwood Avenue, Seal Beach, CA to the highest qualified bidder; and, 2. Acceptance of net  revenues  into  the  General  Fund  Reserve, which  will  be  restricted for stormwater network improvements; and, 3. Authorizing the City Manager to take any necessary action to execute the sale of the property.   H.Accepting Grant Funds and Authorizing Execution of Agreement with the County of Orange for the San Gabriel River Trash Mitigation Initiative and Approving Budget Amendment BA #24-09-01 - That the City Council adopt Resolution 7499: 1. Accepting an award of grant funds in the amount of $525,000  from  the  County  of  Orange  for  the  San  Gabriel  River  Trash Mitigation  Initiative; and, 2. Approving  Budget  Amendment  BA  #24-09-01 recognizing  $525,000  to  account  217-500-0375-42400, and  appropriating $525,000  to  account    217-500-0375-51280; and, 3. Authorizing  the  City Manager  or  her  designee  to  execute  the  Agreement  with  the  County  of Orange, amendments and other related documents, and to utilize the funds for and take such other actions associated with the implementation of the San Gabriel River Trash Mitigation Initiative and other applicable beach clean-up efforts.   I.Approving and Authorizing Amendment No. 1 to the Professional Services Agreement with Raftelis Financial Consultants, Inc. for Water and Wastewater Financial Planning Services - That the City Council adopt Resolution 7500: 1. Approving Amendment No. 1 to the Professional Services Agreement with Raftelis Financial Consultants, Inc. dated June 23, 2023, to provide  additional  Water  and  Wastewater  Financial  Planning  Services; increase compensation for such additional services by $48,352 for a revised total  contract not-to-exceed amount  of  $135,767; and  extend the  term to December 31, 2024; and, 2. Authorizing  and directing the City Manager to execute Amendment No. 1 on behalf of the City.   J.Awarding and Authorizing a Professional Services Agreement with Silsby Strategic Advisors, Inc. for the San Gabriel River Trash Mitigation Initiative - That the City  Council adopt Resolution 7501: 1. Approving  and awarding a Professional Services Agreement with Silsby Strategic Advisors, Inc. in  a  not-to-exceed  amount  of  $144,000  to  provide  strategic  support services  for  the  San  Gabriel  River  Trash  Mitigation  Initiative; and, 2. Authorizing and directing  the City Manager  to  execute  the  Professional Services  Agreement; and, 3. Authorizing  the  City  Manager  to  approve additional work requests up to $15,000 in connection with the San Gabriel River Trash Mitigation Initiative.   K.Ratifying the Declaration of Emergency, Approval of Emergency First Street Parking Lot Repair and Dispensing with Public Bidding Requirements, Approval of Emergency First Street Parking Lot Geotechnical Evaluation, Approval of Notice of Completion, and Authorization to Approve Payments for the Emergency First Street Parking Lot Repair and Geotechnical Evaluation - That the City Council adopt Resolution 7502: 1. Declaring that the Emergency First Street Parking Lot  Repair, CIP EM2403, was necessary for the immediate preservation of life, health and property of the City, and therefore ratifying the declaration by the Public Works Director that the Emergency First Street Parking Lot Repair, CIP EM2403, was of urgent necessity for the immediate preservation of life, health  and  property; and, 2. Authorizing  the  City  Manager  to  execute  a purchase  order with  Hardy  & Harper, Inc. for the Emergency  First Street Parking Lot Repair, CIP EM2403, in the amount of $49,535 under an existing on-call agreement with Hardy & Harper, Inc. without advertising for bids; and, 3. Accepting the work to the Emergency First Street Parking Lot Repair, CIP EM2403, by  Hardy  and  Harper, Inc. in  the  amount  of  $49,535; and, 4. Directing  the  City Clerk  to  file  a  “Notice  of  Completion” with  the Orange County Clerk-Recorder within 15 days of the date of approval of the resolution and  to  release  retention  35  days  after  the  recordation  of  the  Notice  of Completion  contingent  upon  no  claims being  filed on the Project; and, 5. Authorizing  the  City  Manager  to  execute  a  purchase  order  with  GMU Geotechnical, Inc. for the Emergency  First Street Parking Lot Geotechnical Evaluation in connection the Emergency First Street Parking Lot Repair, CIP EM2403, in the amount of $15,600; and, 6. Approving Budget Amendment BA #24-09-02 in the amount of $66,000.   L.Acceptance of Tree Donation from Trees for Seal Beach - That the City Council adopt Resolution 7503: 1. Accepting a donation from Trees for Seal Beach  of  thirty-three  (33) trees, valued  at  $12,425, for  City-wide  tree reforestation; and, 2. Authorizing the City Manager, or her designee, to accept thirty-three  (33) trees  from  Trees  for  Seal  Beach, and to direct  the City Arborist to install the trees at appropriate locations throughout the City.   M.Awarding and Authorizing Execution of a Public Works Agreement with HZS Engineering Inc. dba HZS Construction, for the Pier Concrete Abutment Restoration, CIP BP2201 - That the City Council adopt Resolution 7504: 1. Approving the plans, specifications, and contract documents for the Pier  Concrete Abutment  Restoration, CIP  BP2201; and, 2. Approving and awarding  a  Public  Works  Agreement  to  HZS  Engineering  Inc. dba HZS Construction in the amount of $567,300; incorporating the corrections set forth in HZS Construction’s March 19, 2024 letter; waiving any and all minor bid irregularities; and rejecting all other bids; and, 3. Authorizing the City Manager to  execute  a  Public  Works  Agreement  for  construction  services  to  HZS Engineering Inc. dba HZS Construction; and, 4. Authorizing the City Manager to approve additional work requests up to $19,766 and inspection services up to $11,200  in connection with the Project, in the  cumulative not-to-exceed amount of $30,966.   N.Seeking City Council approval to Purchase Noise Flash Diversionary Devices Pursuant to the City’s “Military Equipment” Use Policy and State Law - That  the City Council  adopt Resolution 7505 to  approve  the purchase of Noise Flash Diversionary Devices (NFDD) for the Seal Beach Police Department (“SBPD”), pursuant to the City’s “military equipment” use policy.   O.Accepting an Award of Hazard Mitigation Grant Program funds and Authorizing for the Purchase of Equipment or Services or for Reimbursement of Funds for the City of Seal Beach Hazard Mitigation Plan Update - That the City Council adopt Resolution 7506: 1. Accepting an award  of  federal  grant  funds  from  the  Hazard  Mitigation  Grant  Program (“HMGP”) in an amount up to $120,541.50 from the Department of Homeland Security - Federal Emergency Management Agency (“FEMA”) as the Federal obligation for 75% of the project cost ($160,722.00) and authorizing use of “in- kind” staff  time  to  match  the  25% cost  share  of  $40,180.50; and, 2. Authorizing the City Manager and/or Chief of Police to execute all agreements and  forms and  to  take  any  further  actions  necessary  for the  purpose  of obtaining the grant funds under the HMGP provided by the FEMA and sub- granted through the California Office of Emergency Services (“Cal OES”).   ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARING – None UNFINISHED / CONTINUED BUSINESS – None NEW BUSINESS – None ADJOURNMENT Adjourn the City Council to Monday, April 8, 2024 at 5:30 p.m. to meet in closed session, if deemed necessary. AskCityHall@sealbeachca.gov Our best event yet! ▪140 drop-offs → 56% increase from 2023 event! ▪6 bins filled – thank you, Republic Services for bringing the extra 2 bins! ▪9.4 tons of trash went to landfill (18,800 pounds)! ▪30% of drop-offs yielded something for Goodwill! AskCityHall@sealbeachca.gov AskCityHall@sealbeachca.gov AskCityHall@sealbeachca.gov Which Council Member had the most drop-offs? AskCityHall@sealbeachca.gov Congrats, Mayor Sustarsic! Thanks for a great event! AskCityHall@sealbeachca.gov Agenda Item B AGENDA STAFF REPORT DATE:March 25, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Gloria D. Harper, City Clerk SUBJECT:Approval of the March 11, 2024 City Council Minutes ________________________________________________________________ SUMMARY OF REQUEST: That the City Council approve the minutes of the Regular City Council meeting held on March 11, 2024. 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. RECOMMENDATION: That the City Council approve the minutes of the Regular City Council meeting held on March 11, 2024. Page 2 1 7 5 6 SUBMITTED BY: NOTED AND APPROVED: Gloria D. Harper Jill R. Ingram Gloria D. Harper, City Clerk Jill R. Ingram, City Manager Prepared by: Brandon DeCriscio, Deputy City Clerk ATTACHMENTS: A. Minutes – Regular Session, March 11, 2024 Seal Beach, California March 11, 2024 The City Council met in Regular Session at 7:00 p.m. in the City Council Chamber. Council Member Kalmick led the Pledge of Allegiance. ROLL CALL Present: Mayor Sustarsic Council Members: Kalmick, Moore, Steele, Landau Absent: None City Staff: Nicholas Ghirelli, City Attorney Jill R. Ingram, City Manager Michael Henderson, Police Chief Joe Bailey, Marine Safety Chief Alexa Smittle, Director of Community Development Alayna Hoang, Finance Manager Iris Lee, Public Works Director Gloria D. Harper, City Clerk Brandon DeCriscio, Deputy City Clerk Nolan McGaughy, Orange County Fire Authority Administrative Fire Captain, Division 1 Michael Ezroj, Police Captain Kathryne Cho, Deputy Director of Public Works/City Engineer Tim Kelsey, Recreation Manager David Spitz, Associate Engineer ORAL COMMUNICATIONS Mayor Sustarsic opened oral communications. Speakers: Tom Raber, Mary Holland, and Patty Campbell. Mayor Sustarsic closed oral communications. City Clerk Harper announced that one (1) supplemental communication was received after the posting of the agenda and was distributed to the City Council and made available to the public. PRESENTATIONS / RECOGNITIONS •Registered Dietitian Nutritionist Day Proclamation APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES Council Member Moore moved, second by Mayor Pro Tem Landau, to approve the agenda. AYES: Kalmick, Landau, Moore, Steele, Sustarsic NOES: None ABSENT: None 8 5 1 0 ABSTAIN: None Motion carried CITY ATTORNEY REPORT City Attorney Ghirelli had no items to report. CITY MANAGER REPORT City Manager Ingram reported that at City Council direction, a Special Meeting regarding the Potential Water and Wastewater (Sewer) Rate Adjustments will be held on Wednesday, March 20, 2024 at 4:00 p.m. in the City Council Chambers. She also announced that there will be a Town Hall meeting on Thursday, March 21, 2024 at 6:00 p.m., at the North Seal Beach Community Center for College Park East residents to gather input regarding the flooding problem and provide updates on ongoing solutions. COUNCIL COMMENTS Council Member Kalmick reported that he attended the Firestorm Table Top Exercise at the Emergency Operation Center at the Seal Beach Police Department, a Southern California Association of Governments (SCAG) meeting, and a Los Cerritos Wetland Authority (LWCA) meeting. Council Member Moore reported that he met with members of the Seal Beach Chamber of Commerce and indicated that he is looking forward to future events. He announced that the Classic Car Show will take place on April 27, 2024. He also indicated that he is glad to see a push for businesses to have defibrillators installed and thanked the Marine Safety department for attending the meeting. Additionally, Council Member Moore indicated that he attended a meeting in Long Beach regarding the restructure and resurfacing of Studebaker Road, from 2nd Street to Carson Street, and that he will continue to work with Long Beach officials and staff, as there is interest in the project, since Studebaker Road backs up to College Park West. Lastly, he reported his attendance at the Seal Beach Dump Day event. Mayor Pro Tem Landau commented that she was happy to see the return of Seal Beach Lions Club’s Easter Egg Hunt and indicated that it was a sign that the COVID-19 pandemic is over. Council Member Steele reported his attendance at the Golden Rain Foundation Board meeting, the Orange County Mosquito and Vector Control’s Budget and Finance Committee meeting, and the Firestorm Table Top Exercise at the Emergency Operation Center at the Seal Beach Police Department. He also announced his attendance at the American Mosquito Control Association conference in Dallas, Texas. Mayor Sustarsic reported her attendance at the Seal Beach Chamber of Commerce meeting, an Orange County Sanitation Board (OCSan) meeting, an OCSan Operations Committee meeting, the Firestorm Table Top Exercise at the Emergency Operation Center at the Seal Beach Police Department, the Seal Beach Dump Day event, and a Regional Military Affairs Committee meeting, where guest speaker, Ian Walters, spoke in 8 5 1 0 depth about the Mediterranean Fruit Fly Preventative Release Program (Medfly PRP). COUNCIL ITEMS - None CONSENT CALENDAR A.Approval of the February 26, 2024, City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on February 26, 2024. B.Demands on City Treasury (Fiscal Year 2024) March 11, 2024 - Ratification. C.Seeking City Council Approval for the Seal Beach Police Department to Purchase .308 (168GR) Ammunition for SWAT Sniper Rifles, Pursuant to the City’s “Military Equipment” Use Policy and State Law - That City Council adopt Resolution 7496 to approve the purchase of the .308 (168GR) ammunition for the Seal Beach Police Department, pursuant to the City’s “military equipment” use policy and state law. D.Approving the FY 2024-25 West Orange County Water Board Budget and Sixth Amendment to the West Orange County Water Board Joint Powers Agreement - That the City Council adopt Resolution 7497: 1. Approving the FY 2024-25 West Orange County Water Board budget of $1,665,300, of which the City’s proportionate agency contribution is $266,986; and, 2. Approving the Sixth Amendment to the West Orange County Water Board Joint Powers Agreement; and, 3. Authorizing and directing the Mayor to execute the Amendment on behalf of the City. E.Awarding and Authorizing Execution of a Public Works Agreement with R Dependable Const Inc., for the Pier Restroom Renovation Project, CIP BP2202 - That the City Council adopt Resolution 7498: 1. Approving the plans, specifications, and contract documents for the Pier Restroom Restoration, CIP BP2202; and, 2. Approving and awarding a Public Works Agreement to R Dependable Const Inc. (“R Dependable”) in the amount of $264,100, including the Total Base Bid of $219,585, and Additive Bid Items AB.1, AB.2, AB.3, AB.4, and AB.5 of $44,515, incorporating all of the corrections set forth in R Dependable Const Inc.’s February 20, 2024 letter; waiving any and all minor bid irregularities; and rejecting all other bids; and, 3. Authorizing the City Manager to execute a Public Works Agreement for construction services to R Dependable Const Inc.; and, 4. Authorizing the City Manager to approve additional work requests up to $26,400 and inspection services up to $6,000. Mayor Pro Tem Landau moved, second by Council Member Kalmick, to approve the recommended actions on the consent calendar. The vote below is for the Consent Calendar Items. AYES: Kalmick, Landau, Moore, Steele, Sustarsic 8 5 1 0 NOES: None ABSENT: None ABSTAIN: None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR There were no items removed from the consent calendar. PUBLIC HEARING There were no public hearing items. UNFINISHED/CONTINUED BUSINESS There were no unfinished/continued business items. NEW BUSINESS There were no new business items. ADJOURNMENT Mayor Sustarsic adjourned the City Council meeting at 7:34 p.m. to Monday, March 25, 2024, at 5:30 p.m. to meet in Closed Session if deemed necessary. __________________________ Gloria D. Harper, City Clerk City of Seal Beach Approved: ___________________________ Schelly Sustarsic, Mayor Attested: ____________________________ Gloria D. Harper, City Clerk Agenda Item E AGENDA STAFF REPORT DATE:March 25, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Gloria D. Harper, City Clerk SUBJECT:Council Appointment to the Recreation and Parks Commission – District Four ________________________________________________________________ SUMMARY OF REQUEST: It is at the request of Mayor Sustarsic that the City Council appoint William Holliday De Witt II to the Recreation and Parks Commission, as a representative for District Four. BACKGROUND AND ANALYSIS: Pursuant to 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 ten (10) working days after the posting of the notice. The notice of resignation for Ann Saks from the Recreation and Parks Commission was received February 29, 2024; and the required Notice of Vacancy was posted February 29, 2024. The term for the new appointee will expire in December 2024. 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. Page 2 1 7 5 5 STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: It is at the request of Mayor Sustarsic that the City Council Appoint William Holliday De Witt II to the Recreation and Parks Commission, as a representative for District Four. SUBMITTED BY: NOTED AND APPROVED: Gloria D. Harper Jill R. Ingram Gloria D. Harper, City Clerk Jill R. Ingram, City Manager Prepared by: Brandon DeCriscio, Deputy City Clerk ATTACHMENTS: A. Redacted Application – William Holliday De Witt II Agenda Item F AGENDA STAFF REPORT DATE:March 25, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Alexa Smittle, Community Development Director SUBJECT:2023 Annual General Plan Progress Report ________________________________________________________________ SUMMARY OF REQUEST: That the City Council receive and file the 2023 Annual General Plan Progress Report (APR) and authorize staff to submit the APR to the State Department of Housing and Community Development (HCD) and the Governor’s Office of Planning and Research (OPR), as required by State law. BACKGROUND AND ANALYSIS: The General Plan is a State-mandated document, which serves as the blueprint for the City of Seal Beach’s development into the future, and is comprised of a series of Elements covering different topics. While State law requires an annual report on the City’s progress implementing its General Plan, the primary purpose of the APR is to demonstrate progress on the Housing Element. The Housing Element defines the City’s strategy to (a) plan for existing and projected housing demand, (b) identify adequate sites to accommodate the City’s allocated share of regional housing needs, and (c) analyze local policies, regulations and requirements that have the potential to constrain development of housing for all income levels. While the APR provides a short summary of the City’s efforts in 2023 to implement the entire General Plan, the final submittal to HCD and OPR will include a completed spreadsheet template to capture housing activity as follows: •Table A and A2: Development Applications (Plan Checks) Submitted and Annual Building Activity Report for New Housing Units •Table B: Regional Housing Needs Allocation Progress •Table D: Housing Element Program Implementation Status Seal Beach’s Regional Housing Needs Allocation (RHNA), or the number of housing units the City must prepare for during a Housing Element cycle is 1,243 units for 2021-2029. As shown, from January 1, 2023, to December 31, 2023, two net new units were constructed, both of which were accessory dwelling units. The Page 2 1 7 5 1 limited net new development is not unusual for Seal Beach, as documented in past annual reports. However, the lack of historical production does mean the City is subject to Government Code Section 65913.4, which institutes a streamlined approval process for certain types of housing developments. Under the statutory definition of a streamlined review, the City is limited in design review, parking requirements, and timelines. Additionally, new State laws adopted in 2023 built upon the prior legislative sessions, reducing the standards that can be applied to housing production including zoning designations and parking requirements. ENVIRONMENTAL IMPACT: In accordance with the California Environmental Quality Act (CEQA), this action is not considered a project as defined in Section 15378 of the CEQA Guidelines and therefore is exempt from CEQA. LEGAL ANALYSIS: This item has been 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. RECOMMENDATION: That the City Council receive and file the 2023 Annual General Plan Progress Report (APR) and authorize staff to submit the APR to the State Department of Housing and Community Development (HCD) and the Governor’s Office of Planning and Research (OPR), as required by State law. SUBMITTED BY: NOTED AND APPROVED: Alexa Smittle Jill R. Ingram Alexa Smittle, Community Development Director Jill R. Ingram, City Manager ATTACHMENTS: A. General Plan Annual Progress Report B. HCD Housing Element Form City of Seal Beach Calendar Year 2023 General Plan Annual Report for Submission to the California Department of Housing and Community Development and Governor’s Office of Planning and Research Presented to the City Council March 25, 2024 2003 GENERAL PLAN ELEMENT HISTORY Element Year Adopted Anticipated Update Land Use 2003 Undetermined Circulation 2003 2025 Open Space/Recreation 2003 2025 Safety 2003 2024 Housing 2002* 2024 Noise 2003 Undetermined Cultural Resources 2003 Undetermined Growth Management 2003 Undetermined Environmental Justice N/A 2024 *Not Certified City of Seal Beach General Plan Annual Progress Report 2023 2 PURPOSE This Annual Progress Report (APR) has been prepared for submission to the California Department of Housing and Community Development (HCD) and Governor’s Office of Planning and Research (OPR) in accordance with California law. The primary component of this APR is the Housing Element Progress Report, a prescriptive report in a format required by the State of California, which details the efforts of the City to meet its Regional Housing Needs Allocation through implementation actions and documents housing units produced (Attachment 1). The balance of this report has no required format nor content, but is an opportunity to highlight how the General Plan has been implemented during calendar year 2023. GENERAL PLAN IMPLEMENTATION HIGHLIGHTS The Housing Element The Housing Element Update remains a work in progress, as the City continues to seek certification from HCD. Despite not having a certified Housing Element at the time of this reporting, the City continues forward with the implementation efforts outlined below. • Held a study session and community meeting to obtain input and craft a new high- density mixed-use zone, which will accommodate housing development at underutilized commercial sites in alignment with the Housing Element. The Zoning Code update is expected to be implemented following certification of the Housing Element and City Council consideration of the associated Environmental Impact Report, which is also an active project. • Performed additional revisions to the City’s Accessory Dwelling Unit (ADU) Ordinance to accommodate changes in State law. New laws recently went into effect, and the Ordinance will again be revised. • Utilized Community Development Block Grant to fund bathroom renovations to facilitate aging in place for low-income senior residents. • Completed a Draft Local Coastal Land Use Plan and submitted it to the Coastal Commission for review and comment, so the City can proceed toward adoption of a Local Coastal Plan, streamlining the permit process in the Coastal Zone. • Obtained and customized new software products in support of implementing a new land management system in 2024 which will expand online permitting capabilities and make information more accessible to the community. • Created a program for rental housing inspections, pursuant to Assembly Bill (AB) 838. • Held a Housing Element forum in Leisure World to engage the community and receive feedback. • Obtained grant funding to implement a stand-alone and completely online permitting system for small solar applications. • Continued discussions with affordable and market rate housing developers to better understand what prevents them from developing in Seal Beach. City of Seal Beach General Plan Annual Progress Report 2023 3 • Updated the City’s website to provide more information on obtaining affordable housing and providing referrals to available resources to assist those in need of housing. • Worked in cooperation with the County of Orange to share housing related information and make materials available to residents. Open Space/Recreation/Conservation Element Open Space and Recreation improvements in 2023 focused on the initiation of a construction project to renovate the City’s Tennis and Pickleball Center clubhouse and locker rooms, increase court lighting, and provide greater accessibility and service to the community. Additional activities include: • Coordinated a $23 million, federally funded sand replenishment project (Stage 13) that restores beach areas, particularly in the Surfside community where coastal erosion has severely diminished the shoreline. • Worked to finalize design plans for a park improvement of Heather Park located on Heather Street and Lampson, including soliciting feedback from the community during a meeting of the Recreation Commission. The park design will include upgraded play equipment, new outdoor fitness equipment, and ADA-compliant surfacing. • Developed a new dog park area within Zoeter Park located at 12th Steet and Landing. The area allows users to allow their dogs to recreate off leash within a fenced secured area. • Established a San Gabriel River working group to address trash mitigation. • Applied for CDBG grant funding for the renovation of the North Seal Beach Community Center, allowing for increased energy efficiency and accessibility at this public facility. • Provided continuous maintenance of the wheelchair-accessible sand mats at the Main Beach, facilitating additional access to the shoreline. • Installed energy-efficient water heaters at three City facilities. Circulation Element City staff continued to be deeply involved with the multi-year I-405 widening project during its final phase. In 2023, staff managed extensive permit work for third-party utility companies relocating equipment. Permits included road resurfacing, conduit installation, concrete restoration, draining improvements, landscaping, and electrical upgrades. Staff ensured installations were performed according to plan, and that any damages were fully repaired by the responsible party. Additional highlights in circulation include: • Executed an agreement with the South Coast Air Quality Management District to implement a micro-transit pilot program for one year. City of Seal Beach General Plan Annual Progress Report 2023 4 • Created a Citizen-Council Parking Advisory Ad Hoc Committee Meeting to developing strategies for a new parking management program, including metered parking, in the greater Old Town area, where parking is in the highest demand. • Continual communication and coordination with regional transportation providers including OCTA and Long Beach Transit to ensure adequate levels of transit are maintained. • Completed traffic signal synchronization and traffic management system to facilitate traffic on heavily traveled arterials and reduce congestion (Seal Beach Boulevard Traffic Signal Synchronization Project). • Awarded a construction contract to install the Lampson Avenue Bike Lane Gap Closure Project which will close bike lane gaps and provide continuous bikeway systems with supporting facilities along existing roadways. • Coordinating signal timing modification in conjunction with freeway and local roadway closures. • Awarded a contract for development of a Safety Action Plan, utilizing data from the City’s Local Roadway Safety Plan (LRSP), through the Safe Streets and Roads for All grant program (identifying, analyzing and prioritizing roadway safety improvements.) • Coordinating with California Department of Transportation on Pacific Coast Highway Signal Improvements and coordinating improvements from Seal Beach to Newport Beach. Safety Element Update The City has contracted for an update to the Safety Element. Background research has been performed, with completion of the update pending certification of the Housing Element, which will define the areas of potential housing growth. Other efforts related to the Safety Element from 2023 include: • Applied for and received a grant from FEMA for $160,722 to update the Local Hazard Mitigation Plan. • Began photographic documentation of all City-owned facilities in a common drive for easy reference in the event of an incident requiring the completion of an Initial Damage Estimate (IDE). • Applied for and was awarded a grant of $40,000 from the Department of Fish and Game, Office of Oil Spill Prevention, for an Oil Spill Response trailer to be deployed by Lifeguards/Marine Safety in the event of an oil spill. Procurement is currently underway in an open bidding process to be completed in February 2024. • Created a Hurricane Hilary After Action Report. • Installed earthquake sensors in City buildings. • Updated the Emergency Preparedness section of the City website with emergency pet information and resources before, during, and after a disaster. • Completed a Neighbor 4 Neighbor Community event in the Riverbeach Townhomes with OCFA, CERT, RACES, VIPS, and the Seal Beach Lions Club to offer emergency preparedness information to residents and encourage community resilience. City of Seal Beach General Plan Annual Progress Report 2023 5 • Sent City staff members to ICS/SEMS/NIMS and FEMA-approved training classes as opportunities arise, • Conducted a staff Table Top Drill to exercise in the City’s Emergency Operations Center for disaster training. • Initiated planning work for joint operation between the Red Cross and Orange County Fire Authority to conduct a smoke detector replacement event inside Leisure World in the Fall of 2024. • Promoted Earthquake Brace + Bolt (EBB) to help homeowners lessen the potential for damage during an earthquake. EBB offers a grant of up to $3,000 toward a seismic retrofit for qualifying older houses. In addition to the $3,000 grant, the program offers a grant specifically for low-income homeowners (household annual income is $87,360 or less), as funding permits. Land Use Element Work continued on the application for a Specific Plan that would cover the area known as the Old Ranch Country Club. An Environmental Impact Report is underway, and the Specific Plan is expected to be considered by the City Council in 2024. The Element will also receive necessary updates related to the 6th Cycle Housing Element, once certified by HCD. Environmental Justice Element Composition of the City’s first Environmental Justice Element is expected to be started in mid-2024, pending certification of the City’s Housing Element. Local Government Planning Support Grants Program Reporting In 2021, the City was awarded $150,000 in Local Early Action Program (LEAP) grant funding. Funding was used for the approved actions of drafting the Housing Element and enacting Housing Element implementation measures, specifically the Zoning Code amendment effort. The City has submitted the final cost documentation for reimbursement. Housing Element Reporting Table The final pages of this report include the summary table from the HCD-provided excel spreadsheet, which is filled out to report housing permitting and construction status as well as affordability. As shown, new building permits were issued to 11 residential units in 2023, however, 9 of them were demolished and rebuilt units, thus only 2 net new units were issued building permits during the calendar year. Both were accessory dwelling units. A total of six units were completed in 2023, with three being rebuilds, and the other three net new accessory dwelling units. City of Seal Beach General Plan Annual Progress Report 2023 6 ANNUAL HOUSING ELEMENT PROGRESS REPORT Summary Table Jurisdiction Seal Beach Reporting Year 2023 Housing Element Planning Period 6th Cycle Current Year Deed Restricted 0 Non-Deed Restricted 0 Deed Restricted 0 Non-Deed Restricted 0 Deed Restricted 0 Non-Deed Restricted 2 9 11 Units by Structure Type Entitled Permitted Completed Single-family Attached 0 0 0 Single-family Detached 0 9 3 2 to 4 units per structure 0 0 0 5+ units per structure 0 0 0 Accessory Dwelling Unit 0 2 3 Mobile/Manufactured Home 0 0 0 Total 0 11 6 Infill Housing Developments and Infill Units Permitted # of Projects Units 11 11 0 0 Total Units Note: Units serving extremely low-income households are included in the very low-income permitted units totals Above Moderate Indicated as Infill Not Indicated as Infill Building Permits Issued by Affordability Summary Income Level (Jan. 1 - Dec. 31) 10/15/2021 - 10/15/2029 Very Low Low Moderate City of Seal Beach General Plan Annual Progress Report 2023 7 21 24 0 0 0 0 Income Rental Ownership Total Very Low 0 0 0 Low 0 0 0 Moderate 0 0 0 Above Moderate 0 0 0 Total 0 0 0 Streamlining Provisions Used - Permitted Units # of Projects Units SB 9 (2021) - Duplex in SF Zone 0 0 SB 9 (2021) - Residential Lot Split 0 0 AB 2011 (2022)0 0 SB 6 (2022)0 0 SB 35 (2017)0 0 Ministerial and Discretionary Applications # of Applications Units Ministerial 21 24 Discretionary 0 0 Density Bonus Applications and Units Permitted Number of Applications Submitted Requesting a Density Bonus 0 Number of Units in Applications Submitted Requesting a Density Bonus 0 Number of Projects Permitted with a Density Bonus 0 Number of Units in Projects Permitted with a Density Bonus 0 Housing Element Programs Implemented and Sites Rezoned Count 21 0 Total Housing Applications Submitted: Number of Proposed Units in All Applications Received: Total Housing Units Approved: Total Housing Units Disapproved: Housing Applications Summary Use of SB 35 Streamlining Provisions - Applications Number of SB 35 Streamlining Applications Programs Implemented Sites Rezoned to Accommodate the RHNA Units Constructed - SB 35 Streamlining Permits Number of SB 35 Streamlining Applications Approved HCD HOUSING ELEMENT REPORTING FORM Please note this form is provided to the City in Excel with protected cells and formatting, limiting legibility. Jurisidiction Name Reporting Calendar Year First Name Last Name Title Click here to download APR Instructions Email Phone Street Address City Zipcode v_2_15_24 Please Start Here General Information 2023 Seal Beach Contact Information Optional: Click here to import last year's data. This is best used when the workbook is new and empty. You will be prompted to pick an old workbook to import from. Project and program data will be copied exactly how it was entered in last year's form and must be updated. If a project is no longer has any reportable activity, you may delete the project by selecting a cell in the row and typing ctrl + d. Click here to add rows to a table. If you add too many rows, you may select a cell in the row you wish to remove and type ctrl + d. 211 Eighth Street Seal Beach 90740 Shaun Temple Planning Manager stemple@sealbeachca.gov 5624312527 Mailing Address Import Last Year's Data Add Rows Date Application Submitted 2 3 4 6 Prior APN+Current APN Street Address Project Name+Local Jurisdiction Tracking ID Unit Category (SFA,SFD,2 to 4,5+,ADU,MH) Tenure R=Renter O=Owner Date Application Submitted (see instructions) Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low-Income Deed Restricted Low-Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Total PROPOSED Units by Project Summary Row: Start Data Entry Below 0 0 0 0 0 13 11 24 199-072-01 1101 OCEAN AV 2023-542 ADU R 08/21/2023 1 1 199-144-02 140 4TH ST CR 23-02 ADU R 01/27/2023 1 1 043-303-06 400 CORSAIR WY CR 23-01 ADU R 1/19/2023 1 1 086-595-02 148 COLLEGE PARK DR 2023-1631 ADU R 11/21/2023 1 1 032-112-10 320 8TH ST 2023-1764 ADU R 12/18/2023 1 1 199-062-61 247 SEAL BEACH BLVD 2023-662 2 to 4 R 5/3/2023 4 4 199-064-28 216 16TH ST 2023-1051 SFD O 7/25/2023 1 1 199-076-38 132 12TH ST 2023-1455 SFD O 10/17/2023 1 1 199-143-15 201 4TH ST CR 23-03 SFD O 1/27/2023 1 1 199-104-15 1003 Seal Way CR 23-04 ADU R 2/1/2023 1 1 199-092-13 1405 Seal Way CR 23-08 ADU R 2/22/2023 1 1 199-012-81 1 Cottonwood Ln CR 23-09 MH O 2/22/2023 1 1 199-042-35 113 11TH ST CR 23-10 ADU R 3/20/2023 1 1 199-075-05 1209 Seal Way CR 23-14 SFD O 5/10/2023 1 1 199-146-13 111 3rd St CR 23-17 SFD O 6/23/2023 1 1 199-146-14 115 3rd St CR 23-18 SFD O 6/23/2023 1 1 199-081-49 115 14th St CR 23-22 ADU R 8/18/2023 1 1 199-081-50 113 14th St CR 23-23 ADU R 8/18/2023 1 1 199-081-51 111 14th St CR 23-24 ADU R 8/18/2023 1 1 199-044-04 141 10th St CR 23-28 ADU R 10/23/2023 1 1 199-173-14 1120 Fathom Av CR 23-29 ADU R 10/20/2023 1 1 51 Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Total Approved Units by Project Total Disapproved Units by Project Streamlining Application Status Project Type 6 7 8 9 11 12 Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low-Income Deed Restricted Low-Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Total PROPOSED Units by Project Total APPROVED Units by project Total DISAPPROVED Units by Project Please select streamlining provision/s the application was submitted pursuant to. Did the housing development application seek incentives or concessions pursuant to Government Code section 65915? Were incentives or concessions reqested pursuant to Government Code section 65915 approved? Please indicate the status of the application. Is the project considered a ministerial project or discretionary project? 0 0 0 0 0 13 11 24 0 0 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 4 4 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 5 Proposed Units - Affordability by Household Incomes Density Bonus Law Applications 10 Total Approved Units by Project Total Disapproved Units by Project Streamlining Application Status Project Type 6 7 8 9 11 12 Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low-Income Deed Restricted Low-Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Total PROPOSED Units by Project Total APPROVED Units by project Total DISAPPROVED Units by Project Please select streamlining provision/s the application was submitted pursuant to. Did the housing development application seek incentives or concessions pursuant to Government Code section 65915? Were incentives or concessions reqested pursuant to Government Code section 65915 approved? Please indicate the status of the application. Is the project considered a ministerial project or discretionary project? 0 0 0 0 0 13 11 24 0 0 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 4 4 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 5 Proposed Units - Affordability by Household Incomes Density Bonus Law Applications 10 2 3 Prior APN+Current APN Street Address Project Name+Local Jurisdiction Tracking ID Unit Category (SFA,SFD,2 to 4,5+,ADU,MH) Tenure R=Renter O=Owner Summary Row: Start Data Entry Below 199-072-01 1101 OCEAN AV 2023-542 ADU R 199-144-02 140 4TH ST 2023-1228 ADU R 199-064-55 219 17TH ST 2022-081 SFD O 199-146-04 100 2ND ST 2022-394 SFD O 199-146-05 114 2ND ST 2022-395 SFD O 199-142-22 210 2ND ST 2022-812 SFD O 178-481-02 B60 SURFSIDE AV 2022-1156 SFD O 199-081-47 1313 OCEAN AV 2022-1427 SFD O 199-081-48 1315 OCEAN AV 2022-1428 SFD O 178-471-36 84B SURFSIDE AV 2022-1434 SFD O 217-166-24 4440 HAZELNUT AV 2022-1831 SFD O 043-254-04 1700 HARBOR WY 2022-180 ADU R 199-191-05 1405 CRESTVIEW AV 2022-1252 ADU R 199-094-11 1622 OCEAN AV 2023-424 ADU R 199-114-09 402 OCEAN AV 2017-1478 SFD O 043-135-09 341 13TH ST 2019-768 SFD O 178-462-18 A101 SURFSIDE AV 2021-668 SFD O Project Identifier 1 Unit Types Certificates of Occupancy or other forms of readiness (see instructions) Date Issued # of Units issued Certificates of Occupancy or other forms of readiness How many of the units were Extremely Low Income? Please select the streamlining provision the project was APPROVED pursuant to. (may select multiple) Infill Units? Y/N+ 6 0 0 NONE Y 0 NONE Y 0 NONE Y 0 NONE Y 0 NONE Y 0 NONE Y 0 NONE Y 0 NONE Y 0 NONE Y 0 NONE Y 0 NONE Y 06/23/2023 1 NONE Y 03/29/2023 1 NONE Y 11/09/2023 1 NONE Y 02/21/2023 1 NONE Y 11/02/2023 1 NONE Y 12/20/2023 1 NONE Y 2 3 Prior APN+Current APN Street Address Project Name+Local Jurisdiction Tracking ID Unit Category (SFA,SFD,2 to 4,5+,ADU,MH) Tenure R=Renter O=Owner Summary Row: Start Data Entry Below 199-072-01 1101 OCEAN AV 2023-542 ADU R 199-144-02 140 4TH ST 2023-1228 ADU R 199-064-55 219 17TH ST 2022-081 SFD O 199-146-04 100 2ND ST 2022-394 SFD O 199-146-05 114 2ND ST 2022-395 SFD O 199-142-22 210 2ND ST 2022-812 SFD O 178-481-02 B60 SURFSIDE AV 2022-1156 SFD O 199-081-47 1313 OCEAN AV 2022-1427 SFD O 199-081-48 1315 OCEAN AV 2022-1428 SFD O 178-471-36 84B SURFSIDE AV 2022-1434 SFD O 217-166-24 4440 HAZELNUT AV 2022-1831 SFD O 043-254-04 1700 HARBOR WY 2022-180 ADU R 199-191-05 1405 CRESTVIEW AV 2022-1252 ADU R 199-094-11 1622 OCEAN AV 2023-424 ADU R 199-114-09 402 OCEAN AV 2017-1478 SFD O 043-135-09 341 13TH ST 2019-768 SFD O 178-462-18 A101 SURFSIDE AV 2021-668 SFD O Project Identifier 1 Unit Types For units affordable without financial assistance or deed restrictions, explain how the locality determined the units were affordable (see instructions) Term of Affordability or Deed Restriction (years) (if affordable in perpetuity enter 1000)+ Number of Demolished/Destroyed Units Demolished or Destroyed Units Demolished/Des troyed Units Owner or Renter 9 ADU - exected to rent at maximum moderate income due to unit type ADU - exected to rent at maximum moderate income due to unit type 1 Demolished O 1 Demolished O 1 Demolished O 1 Demolished O 1 Demolished O 1 Demolished O ADU - exected to rent at maximum moderate income due to unit type ADU - exected to rent at maximum moderate income due to unit type ADU - exected to rent at maximum moderate income due to unit type 1 Demolished O 1 Demolished O 1 Demolished O 1 Projection Period 3 4 RHNA Allocation by Income Level Projection Period - 06/30/2021-10/14/2021 2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date (all years) Total Remaining RHNA by Income Level Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - 2 - - - - - - Above Moderate 545 3 - - 9 - - - - - - 12 533 1,243 3 - - 11 - - - - - - 14 1,229 5 6 7Extremely low-Income Need 2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date Total Units Remaining 129 - - - - - - - - - - 129 201 Total RHNA Total Units Income Level Very Low Low Extremely Low-Income Units* Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1). 237 - 2 Moderate 258 201 239 - 2 Table B Regional Housing Needs Allocation Progress Permitted Units Issued by Affordability 258 1 2 3 4 Name of Program Objective Timeframe in H.E Status of Program Implementation Program 1a Provision of Adequate Sites for New Construction through the General Plan and Zoning Ordinance 1. In order to enhance the feasibility of affordable housing development, the City will offer incentives and concessions such as expedited processing, administrative assistance with applications for funding assistance, and modified development standards. 2. The City will report its progress in implementing this program to HCD on an annual basis, pursuant to Government Code §65400. 3. The City shall comply with the “no net loss” provisions of Government Code §65863 through the implementation of an ongoing project-by-project evaluation process to ensure that adequate sites are available to accommodate the City’s RHNA share throughout the planning period. The City shall not reduce the allowable density of any site in its residential land inventory, nor approve a development project at a lower density than assumed in the land inventory, unless both of the following findings are made: a) The reduction is consistent with the adopted General Plan, including the Housing Element; and b) The remaining sites identified in the Housing Element are adequate to accommodate the City’s share of Ongoing until modified through certification of 6th cycle HE The City is actively working to have its 6th cycle Housing Element certified. Meanwhile, rezoning efforts to imlement the 6th cycle Element are underway including preparing zoning text language and initiating the associated Environmental Impact Report. There was no net loss of housing. While the City did not receive inquiries or applications for affordable housing, staff has significantly streamlined the development process through implementation of an online submittal portal, providing 24/7 access to the community development virtual counter. The website has also been updated to improve access to information to expedite the process for development applications and building plan check. Additionally, the city is currently in the process of implementing a new permitting software, which will offer shared access to data between divisions, and further streamline the development process. Program 1b Land Use Compatibility. Continue to use zoning and other land use controls to ensure the compatibility of residential areas with surrounding uses Ongoing until modified through certification of 6th cycle HE This program is considered successful in creating livable environments that support residential uses, particularly access to parks, open space, and amenities that increase desirability. Program 1c Second Units Continue to allow for the development of second units consistent with state law and the Municipal Code Ongoing until modified through certification of 6th cycle HE The City again updated its ADU Ordinance for consistency with State law and worked with applicants to create a smooth process for ADU implementation. Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 1 2 3 4 Name of Program Objective Timeframe in H.E Status of Program Implementation Program 1d Emergency Shelters and Transitional/Supportive Housing Continue to facilitate the provision of emergency shelters and transitional/supportive housing consistent with state law Ongoing until modified through certification of 6th cycle HE No applications for emergency shelters or transitional/supportive housing were submitted. However, the City has taken a proactive approach to support those experiencing homelessness, including advancement of a partnership with the County of Orange for mental health services and placement of individuals and families in need of housing assistance. Program 1e Innovative Land Use and Construction Techniques Continue to encourage the use of innovative land use techniques and construction methods to minimize housing costs provided that basic health, safety, and aesthetic considerations are not compromised. Encourage the use of planned unit developments, mixed use, and alternative construction methods. The City will provide flexibility in development standards and siting requirements to minimize development costs Ongoing until modified through certification of 6th cycle HE Limited development occurred during the last year, therefore effectiveness of innovative techniques are difficult to evaluate. Program 2a Density Bonus Continue to promote the use of density bonuses among potential residential developers Ongoing until modified through certification of 6th cycle HE No density bonus applications were submitted within the planning period. Pursuant to State law, the City will continue to support density bonus projects. Program 2b Affordable Housing Resources • Maintain a list of non-profit housing developers active in Orange County. • Contact qualified non-profit housing developers to explore opportunities for affordable housing development annually, or whenever development opportunities arise. • Explore a variety of funding resources, such as Multi-Family Housing Program (MHP) funds and Low-Income Housing Tax Credits (LIHTC). Periodically consult with the State Department of Housing and Community Development HCD for current and new funding availability. • Provide interested developers with an inventory of residential sites available for development. • Prioritize assistance for extremely-low- income (ELI) units and projects such as single room occupancy (SRO) and supportive housing commensurate with the City’s regional housing need of 1 ELI unit during the current planning period Ongoing until modified through certification of 6th cycle HE The City proactively sought out resources to support affordable housing, including joining the Orange County Housing Finance Trust, which will allow developers the ability to apply for grant funding for affordable housing through that entity; and successfully obtaining Community Development Block Grant (CDBG) funds and CDBG-CV through the County of Orange. The City also initiated coordination with the U.S. Navy to discuss viability of developing affordable housing on a City-owned parcel within the Naval Weapons Station. CDBG funds were programmed to support low-income households with aging-in- place bathroom renovations. LEAP funds have been allocated to development of the Housing Element, which will further assist in reducing barriers to preservation and construction of affordable housing by streamlining the development approval process. Staff continues to consult with non-profit developers on housing opportunities, though no proposals for deed-restricted affordable housing were submitted in 2023. 1 2 3 4 Name of Program Objective Timeframe in H.E Status of Program Implementation Program 2c Land Write Downs and Assistance with Off-Site Improvements Consider subsidizing the cost of land and off-site improvements for affordable housing development on a project- specific basis when feasible Ongoing until modified through certification of 6th cycle HE No development applications for affordable housing were received during the prior planning period, however the City will continue to consider subsidizing costs on a project-specific basis. This program may continue to be useful in the future, should a feasible project be presented. The City does not receive a direct allocation of funding typically seen in housing development, such as CDBG or HOME funds. The City remains willing to work with the private and non-profit development industry to partner for other resources such as tax allocation credits and other resources developers may access such as the Orange County Housing Finance Trust. Program 3a Section 8 Rental Assistance • Continue to cooperate with the Orange County Housing Authority in providing Section 8 rental assistance to very-low- income households. • Assist the County Housing Authority in promoting the Section 8 program to both property owners and eligible renters by publicizing the program on the City’s website, the City newsletter, local libraries, and within Leisure World. Ongoing until modified through certification of 6th cycle HE The City continued to cooperate with OC Housing Authority to support the Section 8 program by posting available information and updating it's website to include additional housing resources. Though housing vouchers are limited in supply and are allocated through the County, the City will continue to support this effort in partnership. Program 3b Mortgage Credit Certificates Continue participation in the MCC program and contact the County annually to determine current program status. Distribute program information at City libraries and on the City website. The number of households assisted with this program will depend on market conditions and program availability Ongoing until modified through certification of 6th cycle HE The City continued to cooperate with OC Housing Authority to support the Section 8 program by posting available information, as well as other housing resources. The City will continue to support sharing available resources on the MCC program. Program 3c Maintenance of Affordability Covenants on City or Agency- Assisted Housing Continue to monitor the affordability of any very low-, low-, and moderate- income housing units assisted with public funds Ongoing until modified through certification of 6th cycle HE Under redevelopment dissolution law, the County of Orange was named the Housing Successor, and covenants were transferred to the County for oversight. This program was not implemented; however, it remains valid for any new covenants in the future 1 2 3 4 Name of Program Objective Timeframe in H.E Status of Program Implementation Program 3d Local Coastal Program Prepare and obtain Coastal Commission certification of a Local Coastal Program Estim. Completion 2025-26 The City was able to obtain grant funding from the Coastal Commission to develop a Local Coastal Program. A draft Land Use Plan was submitted to the Coastal Commission in mid-2023 and the City is awaiting comments. In a paralell effort, City and Coastal staff are working collaboratively to secure grant funding so the City may continue to pursue a complete Local Coastal Program. Program 4a Condominium Conversion Continue to enforce the Condominium Conversion Ordinance Ongoing until modified through certification of 6th cycle HE No units were converted to condominiums during 2023. The City will continue to enforce Code Section 11.4.80 to protect tenant rights and reduce impacts to lower income households. Program 4b Replacement Housing in Local Coastal Zone Continue to review development projects on a case-by-case basis to ensure that replacement low- and moderate-income housing is provided if feasible Ongoing until modified through certification of 6th cycle HE The City monitored development projects for loss of housing. This program will be modified to meet current laws regarding replacement housing in all areas of the city Program 4c Housing Conditions Monitoring Continue to conduct annual surveys of the targeted beach area to identify housing units with deferred maintenance issues and mail brochures about the City’s rehabilitation programs to owners of the identified units. Apply for funding assistance annually from the Urban County program if rehabilitation needs are identified Ongoing until modified through certification of 6th cycle HE City staff conducted a windshield survey to document deferred maintenance issues for all housing, including the beach areas. Though only a limited number of homes appeared to need substantial investment, the City does not have funding available to support a rehabilitation program for beach units. The Urban County program (CDBG subrecipient program) is available only to designated census tracts, which do not include beach areas. Program 4d Zoning and Building Codes Enforcement • Continue to enforce the City’s zoning and building codes through contract code compliance services. • Provide information about assistance programs to property owners with violations Ongoing until modified through certification of 6th cycle HE The City provides code enforcement services through a Neighborhood Services Officer. The program has very effectively assisted in maintaining health and safety standards implemented by the municipal code. In most cases, issues are resolved by providing information to the property owners, and citations do not need to be issued. Extensive public outreach was performed on Main Street summer 2023 to ensure neighborhood and tourism compatability, and several rental inspections were performed upon request to assist in building code enforcement. 1 2 3 4 Name of Program Objective Timeframe in H.E Status of Program Implementation Program 5a Fair Housing Services Continue to provide fair housing and tenant landlord counseling services through the Fair Housing Council of Orange County. The Community Development Director will serve as the primary point of contact for fair housing issues and will refer inquiries to the FHCOC Ongoing until modified through certification of 6th cycle HE The city does not have direct access to records regarding fair housing services provided by the FHCOC to gauge accomplishments. The City continued to facilitate fair housing and refer inquiries to the Fair Housing Council of Orange County. Program 5b Removal of Architectural Barriers Continue to utilize the Home Improvement Program to remove architectural barriers and encourage participation by elderly and disabled residents Ongoing until modified through certification of 6th cycle HE The City currently utilizes CDBG funds as a sub-recipient through the County to make necessary improvements to bathrooms within the Leisure World community. The improvements modify bathtubs, showers, and toilets to facilitate safe access for seniors. Funding varies by year, though the program has been in place since 2005. Program 5c Housing Information and Referral Services Continue to support the housing and referral services provided by the Housing Authority of Orange County by posting contact information on the City website and at public buildings Ongoing until modified through certification of 6th cycle HE The City has not successfully tracked referral outcomes. The City will continue to gather and provide information for the OC Housing Authority and will build up greater information on other housing resources Further, city staff will more actively engage with the County and other regional partners to seek out resources and solutions to housing issues Program 6a Green Building Techniques • Distribute a Green Building Tips handout at City Hall and on the City website. • Continue to offer reduced fees for residential remodeling projects that include energy conservation features Ongoing until modified through certification of 6th cycle HE The City has adopted the most recent International Building Code which includes increased provisions for efficiency and green building techniques. The city will continue to provide information on the benefits of energy saving techniques. Program 6b Promote Smart Growth Seek to incorporate smart growth principles in future land use and zoning amendments Ongoing until modified through certification of 6th cycle HE The City did not have any major development projects in 2023. Staff will continue to consider how to better implement this program with the zoning code update. Agenda Item G AGENDA STAFF REPORT DATE:March 25, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Alexa Smittle, Community Development Director SUBJECT:Approval of a Sale Contract for 4197 Ironwood Avenue ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7490: 1. Authorizing the sale of 4197 Ironwood Avenue, Seal Beach, CA to the highest qualified bidder; and, 2. Acceptance of net revenues into the General Fund Reserve, which will be restricted for stormwater network improvements; and, 3. Authorizing the City Manager to take any necessary action to execute the sale of the property. BACKGROUND AND ANALYSIS: On February 13, 2023, the City Council directed staff to pursue disposal of the property located at 4197 Ironwood Avenue, Seal Beach, CA (Property) via the State’s Surplus Land Act, commencing with Government Code Section 54220. The Property is a single-family home located in the College Park East neighborhood, which was originally purchased to provide a location for certain stormwater network improvements. However, since that time, additional focused studies have been performed, and the estimated costs to mitigate stormwater deficiencies have increased dramatically, with estimates upwards of $50 million. When the Property was vacated by the residential tenant, staff requested Council direction and subsequently moved forward with the steps necessary to dispose of the home. Following approval from the California Department of Housing and Community Development on December 12, 2023, the Property was listed for sale on January 31, 2024 at $1,250,000. Several offers were received, with the three highest being all cash offers, the highest for $1,280,000 and two for $1,250,000. Staff is requesting the City Council authorize the sale of the Property to the highest bidder at $1,280,000, with a contingency choice of a sale to the second highest bidders (both at $1,250,000), based on the order received, should the transaction with the Page 2 1 7 5 2 higher bidder fail for any reason. The highest bidder has already removed contingencies. Sale offers were presented to the City Council at the February 26, 2024 meeting, at which time the City Council voted to postpone accepting an offer until the March 21, 2024 community meeting could be held to discuss stormwater issues in College Park East. As discussed, staff has identified an alternative location for the improvements previously envisioned for the Property, should funding become available in the future, in addition to seeking additional mitigation measures in the interim. ENVIRONMENTAL IMPACT: Sale of Property, improved with one single family residence, does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3) because it is not a project as defined by the CEQA Guidelines Section 15378. LEGAL ANALYSIS: This item has been reviewed and approved as to form. FINANCIAL IMPACT: The City’s General Fund shall receive the net proceeds from the sale of the property. Estimated net proceeds assuming a sale value of $1,280,000 are expected to be $1,207,000. Funds will be placed in the General Fund Reserve and restricted for stormwater network improvements. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7490: 1. Authorizing the sale of 4197 Ironwood Avenue, Seal Beach, CA to the highest qualified bidder; and, 2. Acceptance of net revenues into the General Fund Reserve, which will be restricted for stormwater network improvements; and, 3. Authorizing the City Manager to take any necessary action to execute the sale of the property. Page 3 1 7 5 2 SUBMITTED BY: NOTED AND APPROVED: Alexa Smittle Jill R. Ingram Alexa Smittle, Community Development Director Jill R. Ingram, City Manager ATTACHMENTS: A. Resolution 7490 B. Sale Contracts RESOLUTION 7490 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE SALE OF REAL PROPERTY AND AND DIRECTING STAFF TO TAKE RELATED ACTIONS WHEREAS, the City of Seal Beach is the owner in fee simple of that certain real property located at 4197 Ironwood Avenue, Seal Beach, CA (Assessor Parcel Number 217-191- 09) as described in Exhibit A attached hereto (“Property”); and, WHEREAS, the Property is approximately 5,200 square feet in size, and is currently improved with a single family residence, and is not used by the City for municipal purposes nor according to a written plan adopted by the City Council for City work or operations; and, WHEREAS, on February 13, 2023 the City Council directed staff to dispose of the Property pursuant to the Surplus Land Act, Government Code Sections 54220-54234, and follow certain procedures prior to engaging in negotiations to sell land; and, WHEREAS, the California Department of Housing and Community Development authorized disposition of the Property on December 12, 2023; and, WHEREAS, a comparative market analysis was conducted to determine an estimated sale price; and, WHEREAS, on January 31, 2024 the Property was offered for sale; and, WHEREAS, the City has received competitive offers for the Property and wishes to dispose of the Property to the highest qualified buyer. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council of the City of Seal Beach hereby approves the sale of the Property and directs staff to dispose of the Property to the highest qualified buyer for $1,280,000. Section 2. If for any reason the sale contemplated in Section 1 is not achieved, the City Council hereby directs staff to accept the next highest purchase offer of $1,250,000 and dispose of the Property. Section 3. This Resolution is exempt from the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”) as sale of the Property does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3) because it is not a 8 8 4 9 project as defined by the CEQA Guidelines Section 15378. Section 4. The Council hereby directs the City Manager or authorized designee to do all things necessary to effectuate the purposes of this Resolution. Section 5. The City Clerk shall certify to the adoption of this resolution and shall cause this resolution and her certification to be entered in the permanent records of the City. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 25th day of March, 2024 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Schelly Sustarsic, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7490 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 25th day of March, 2024. Gloria D. Harper, City Clerk 8 8 4 9 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATION IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: Lot 28 of Tract No. 6572, in the City of Seal Beach, County of Orange, State of California, as per map recorded in Book 244, Page(s) 12-14, inclusive of Miscellaneous Maps, of the records of the County recorder of said County. Except therefrom all minerals, oil, gas and other hydrocarbon substances lying below a depth of 500 feet below the surface of said land, without the right of surface entry above the depth of 500 feet from the surface, as reserved in deeds of record. APN: 217-191-09 Agenda Item H AGENDA STAFF REPORT DATE:March 25, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Accepting Grant Funds and Authorizing Execution of Agreement with the County of Orange for the San Gabriel River Trash Mitigation Initiative and Approving Budget Amendment BA #24-09-01 ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7499: 1. Accepting an award of grant funds in the amount of $525,000 from the County of Orange for the San Gabriel River Trash Mitigation Initiative; and, 2. Approving Budget Amendment BA #24-09-01 recognizing $525,000 to account 217-500-0375-42400, and appropriating $525,000 to account 217-500-0375-51280; and, 3. Authorizing the City Manager or her designee to execute the Agreement with the County of Orange, amendments and other related documents, and to utilize the funds for and take such other actions associated with the implementation of the San Gabriel River Trash Mitigation Initiative and other applicable beach clean-up efforts. BACKGROUND AND ANALYSIS: The City of Seal Beach has been experiencing significant trash accumulations on its public beach with recent data reflecting an impact of nearly 400 tons per year, not counting trash already collected from area bins and dumpsters. Upon receiving updates on this issue, Assemblymember Dixon's office convened a working group made-up of key stakeholders (“Working Group”) including the following entities: •State Assemblymember Dixon’s Office •State Assemblymember Lowenthal’s Office •County of Orange (Supervisor Do’s Office) •County of Los Angeles (Supervisor Hahn’s Office) Page 2 1 7 4 7 •City of Seal Beach •City of Long Beach •Surfrider Foundation (North Orange County & Long Beach Chapters) After comprehensive research efforts were completed and presented to the Working Group on January 19, 2024, follow-up action items were established and allocated to various Working Group members. The totality of current and future associated efforts has been called the San Gabriel River Trash Mitigation Initiative (“Initiative”). One of the initial actions included the development of high-level cost estimates to implement a long-term mitigation strategy over various phases and to identify near term and future funding sources. The preliminary identified phases include a Feasibility / Alternative Recommendations Study (“Study”), Final Design, and Implementation to complete the Initiative. The County of Orange, via Supervisor Andrew Do’s Office, has indicated a desire to contribute funds to kickstart this Initiative with a focus on the initial Study phase. This phase proposes to conduct initial outreach to key stakeholders (including public agencies having jurisdiction), environmentally focused organizations, scientific entities (such as the Aquarium of the Pacific), regional watershed management committees, and other interested or impacted parties that will be identified as the Study progresses. While the entire initiative is estimated at roughly $6 million over the next three (3) to five (5) years for all phases, the initial Study and supporting resources to procure services, coordinate stakeholder engagement, and oversee execution of the Study is estimated at $494,000. Additionally, the County of Orange desires to act on more immediate efforts including beach clean-up of trash and beach raking operations during the 2024 calendar year. These near-term services are estimated to cost $31,000 and are included in this total request for funding. On February 27, 2024, the Orange County Board of Supervisors approved a grant to the City of Seal Beach in the amount of $525,000 for the Initiative, and authorized execution of a grant agreement with the City. The attached Agreement between the County of Orange and the City of Seal Beach authorizes the award of grant funds to the City. In summary, the County of Orange endeavors to help improve public beach quality and experiences for Orange County residents and is supportive of initiating this effort through the transmittal of $525,000 to cover the initial Study, project management and stakeholder coordination, and near-term beach maintenance activities. The City will be the agency receiving these identified funds and will perform all future activities to execute associated services, including applicable public procurement actions and oversight of external resources used to effectuate the efforts as outlined above. Page 3 1 7 4 7 ENVIRONMENTAL IMPACT: This item 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 the approval of a grant agreement will not have a significant effect on the environment. LEGAL ANALYSIS: The City Attorney has approved the County of Orange agreement and resolution as to form. FINANCIAL IMPACT: The City will be responsible for providing staffing resources to oversee the initial phase of the Initiative. These efforts may also include the oversight and funding of strategic or technical consultants to support unique elements of the initial phase. The level of effort for those external resources is variable at this point but expected to be minimal and within existing fiscal year budgetary appropriations. Budget Amendment BA #24-09-01 will recognize the $525,000 of County of Orange funds in account 217-500-0375-42400 (Grants) and appropriating $525,000 to account 217-500-0375-51280 (Contracts Professional). STRATEGIC PLAN: This item is not applicable to the Strategic Plan. However, trash collection issues linked to the San Gabriel River was discussed as a Proposed Priority in April 2023. Additionally, the receipt of significant external funding for this Initiative could be linked to the strategic priority to explore alternative revenue sources. RECOMMENDATION: That the City Council adopt Resolution 7499: 1. Accepting an award of grant funds in the amount of $525,000 from the County of Orange for the San Gabriel River Trash Mitigation Initiative; and, Page 4 1 7 4 7 2. Approving Budget Amendment BA #24-09-01 recognizing $525,000 to account 217-500-0375-42400, and appropriating $525,000 to account 217- 500-0375-51280; and, 3. Authorizing the City Manager or her designee to execute the Agreement with the County of Orange, amendments and other related documents, and to utilize the funds for and take such other actions associated with the implementation of the San Gabriel River Trash Mitigation Initiative and other applicable beach clean-up efforts. SUBMITTED BY: NOTED AND APPROVED: Iris Lee Jill R. Ingram Iris Lee, Director of Public Works Jill R. Ingram, City Manager ATTACHMENTS: A. Resolution 7499 B. Agreement with County of Orange RESOLUTION 7499 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ACCEPTING $525,000 IN GRANT FUNDS FROM THE COUNTY OF ORANGE, AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN AGREEMENT WITH THE COUNTY OF ORANGE FOR THE SAN GABRIEL RIVER TRASH MITIGATION INITIATIVE, AND TO TAKE OTHER RELATED ACTIONS IN CONNECTION WITH THE GRANT, AND APPROVING BUDGET AMENDMENT BA #24-09-01 WHEREAS, representatives of the State of California Assembly, County of Orange (“County”), County of Los Angeles, City of Long Beach, and City of Seal Beach (collectively referred to as “Agencies”) endeavor to enhance cooperative efforts, support technical feasibility, design, and implementation activities, review property ownership, and identify funding for the San Gabriel River Trash Mitigation Initiative (“Initiative”); and, WHEREAS, the Initiative includes program management, project oversight, key stakeholder engagement, a feasibility / alternative recommendations study phase, a final design phase, an implementation phase, and operational beach clean-up efforts for the public beach owned and maintained by the City of Seal Beach (“City”); and, WHEREAS, the County desires to award a grant to the City of Seal Beach in the amount of $525,000 to assist the City of Seal Beach with executing associated Initiative efforts including program management, project oversight, key stakeholder engagement, the feasibility / alternative recommendations study phase, and operational beach clean-up efforts for the public beach owned and maintained by the City; and collaborate in good faith in the delivery of these outlined responsibilities; and, WHEREAS, the City desires to accept the grant and execute an agreement with the County of Orange memorializing each party’s responsibilities. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The foregoing recitals are true and correct and are hereby adopted by reference as though set forth in full. 8 8 3 6 Section 2. The City Council hereby accepts the $525,000 grant from the County of Orange for the San Gabriel River Trash Mitigation Initiative. Section 3. The City Council hereby approves Budget Amendment BA #24- 09-01 recognizing $525,000 to account 217-500-0375-42400, and appropriating $525,000 to account 217-500-0375-51280. Section 4. The City Council hereby authorizes the City Manager or her designee to execute the Agreement with the County of Orange, amendments, and other related documents, on behalf of the City of Seal Beach, and to utilize the funds for actions associated with the implementation of the San Gabriel River Trash Mitigation Initiative and other applicable beach clean-up efforts. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 25th day of March 2024 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Schelly Sustarsic, Mayor ATTEST: Gloria D. Harper, City Clerk 8 8 3 6 STATE OF CALIFORNIA } COUNTY OF ORANGE } 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 7499 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 25th day of March 2024. Gloria D. Harper, City Clerk Page 1 of 6 AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF SEAL BEACH FOR DISTRICT DISCRETIONARY FUNDING This Agreement (the “Agreement”) is made and entered into by and between the County of Orange, a political subdivision of the State of California, hereinafter referred to as “County,” and the City of Seal Beach, a California municipal corporation, as “Grantee,” with the County and Grantee referred to as “Party,” or collectively as “Parties.” Recitals On February 27, 2024, the Board of Supervisors approved the use of First District discretionary funds under Government Code section 26227 for Grantee’s San Gabriel River Trash Mitigation Initiative; The Board of Supervisors authorized the use of district discretionary funds for programs providing healthcare, housing assistance, workforce development, education, childcare, infrastructure projects and equipment, and meal gap programs; benefit monies to local governments including school districts, and/or non-profits; programs aiding veterans and residents experiencing or at risk of homelessness; and economic support, including arts-related small businesses and non-profit organizations that support local programs around the County; Grantee is partnering with stakeholders in providing San Gabriel River Trash Mitigation Initiative; To assist Grantee in its effort to support its San Gabriel River Trash Mitigation Initiative, the Parties have agreed that the County will transfer the Grant Amount described herein to Grantee. Accordingly, the Parties mutually agree as follows: 1. TERM OF AGREEMENT. The term of this Agreement begins on the date when fully executed by the Parties, and terminates on December 31, 2024, or when all the Parties’ obligations under this Agreement are fully satisfied, whichever occurs earlier. 2. PAYMENT AND USE OF GRANT AMOUNT. a. The County will issue a one-time contribution to the Grantee of $525,000 (“Grant Amount”) within 10 business days of the full execution of this Agreement. It is understood that the County makes no commitment to fund this Agreement beyond the terms set forth herein. Page 2 of 6 b. All of Grantee’s expenditures of the Grant Amount must be for costs associated with the San Gabriel River Trash Mitigation Initiative’s feasibility/alternative recommendations study, beach clean-up of trash, and beach raking operations in 2024. c. Grantee must utilize the Grant Amount in accordance with all applicable Federal, State, and local laws and regulations, including labor, wages, hours, and other conditions of employment. Grantee must comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement. d. None of the funds, materials, property, or services provided directly or indirectly under this Agreement may be used for any political activity, or to further the election or defeat of any candidate for public office. Funds provided under this Agreement may not be used for any purpose designed to support or defeat any pending legislation or administrative regulation. None of the funds provided under this Agreement may be used for inherently religious activities such as worship, religious instruction, or proselytization. 3. COMPLIANCE WITH GRANT REQUIREMENTS. The Grant Amount must be used solely for the purposes identified in Paragraph 2 of this Agreement. Grantee shall immediately return to the County any funds Grantee has used in a manner that is inconsistent with Paragraph 2 of this Agreement. Grantee shall return to the County by July 31, 2026, any funds Grantee has not used by June 30, 2026. The provisions of this paragraph shall survive termination of this Agreement. 4. CERTIFICATION. Grantee hereby certifies that the following statements and responses are true: a. The Grantee is an organization whose mission includes serving the Orange County community in healthcare, housing assistance, workforce development, education, arts, childcare, infrastructure projects, or meal gap programs. b. The Grantee will use the Grant Amount for eligible expenses as described in Paragraph 2 above. 5. RECORDS MAINTENANCE. Grantee shall maintain records in their original form in accordance with requirements prescribed by the County with respect to all matters specified in this Agreement. Original forms are to be maintained on file for all documents specified in this Agreement. Such records must be retained for a period of four years after termination of this Agreement and after final disposition of all pending matters. “Pending matters” include, but are not limited Page 3 of 6 to, an audit, litigation or other actions involving records. Records, in their original form pertaining to matters covered by this Agreement, must be retained within Orange County unless the County authorizes in writing their removal from Orange County. 6. RECORDS INSPECTION. At any time during normal business hours and as often the County may deem necessary, Grantee must make available for examination all its records with respect to all matters covered by this Agreement. The County has the authority to audit, examine and make excerpts or transcripts from records, including all Grantee's invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Grantee agrees to provide any reports requested by the County regarding performance of this Agreement. With respect to inspection of Grantee’s records, the County may require that Grantee provide supporting documentation to substantiate Grantee’s expenses with respect to the Grantee’s use or expenditure of monies provided by the County to the Grantee under this Agreement. 7. FINAL REPORT. Upon the earlier of Grantee’s use of the entirety of the Grant Amount or June 30, 2026, Grantee shall provide a report to the County that shall identify the expenses paid from the Grant Amount. The Grantee shall provide a certification signed by its Program Director or designee that the statements contained in the report are true and that the expenditures described in the report comply with the uses permitted under Paragraph 2. Grantee shall maintain supporting documentation for the report consistent with the requirements of Paragraph 5. 8. INDEPENDENT CONTRACTOR. The Grantee shall be considered an independent contractor and neither the Grantee, its employees, nor anyone working under the Grantee shall be considered an agent or an employee of County. Neither the Grantee, its employees, nor anyone working under the Grantee shall qualify for workers’ compensation or other fringe benefits of any kind through County. 9. PERMITS, LICENSES, APPROVALS, AND LEGAL OBLIGATIONS. Grantee shall be responsible for obtaining all permits, licenses, and approvals required for performing any work under this Agreement. Grantee shall be responsible for observing and complying with any applicable Federal, State, or local laws, or rules or regulations affecting any such work. Grantee shall provide copies of permits and approvals to the County upon request. 10. CONFLICT OF INTEREST. The Grantee shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with Page 4 of 6 the best interests of the County. This obligation shall apply to the Grantee, the Grantee’s employees, agents, and subcontractors. The Grantee’s efforts shall include, but not be limited to establishing precautions to prevent its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence County staff or elected officers from acting in the best interests of the County. 11. INDEMNITY. The Grantee shall indemnify, defend with counsel approved in writing by County, and hold County, its elected and appointed officials, officers, employees and agents and those special districts and agencies which County’s Board of Supervisors acts as the governing Board harmless from any claims, demands, or liability of any kind or nature, including personal injury or property damage, arising from or related to the Grantee’s receipt or use of the Grant Amount under this Agreement. The provisions of this paragraph shall survive the termination of this Agreement. 13. TERMINATION. In addition to any other remedies or rights it may have by law, County has the right to immediately terminate this Agreement 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 Grantee. Exercise by County of its right to terminate the Agreement shall relieve County of all further obligation. 14. NOTICES. All notices, requests, demands and other communications contemplated, called for, permitted, or required to be given hereunder shall be in writing. 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 calendar days after being mailed by US certified or registered mail, return receipt requested, postage prepaid, whichever occurs first. The date of mailing shall 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. Grantee: Jill R. Ingram, City Manager jingram@sealbeachca.gov 211 Eighth Street Seal Beach, CA 90740 (562) 431-2527 Page 5 of 6 County: Oana Cosma, County Budget & Finance Office 400 W. Civic Center Dr., 5th Floor Santa Ana, CA 92701-4062 Oana.Cosma@ocgov.com (714) 834-7410 15. DEFAULTS. Should either Party fail for any reason to comply with the contractual obligations of this Agreement within the time specified by this Agreement, the non-breaching Party reserves the right to terminate the Agreement. 16. ATTORNEY FEES. In any action or proceeding to enforce or interpret any provision of this Agreement, each Party shall bear its own attorney’s fees, costs, and expenses. 17. ENTIRE CONTRACT: This Agreement contains the entire contract between the Parties with respect to the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth herein or referred to herein. No exceptions, alternatives, substitutes, or revisions are valid or binding on the parties unless authorized by the Parties in writing. 18. AMENDMENTS. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties; no oral understanding or agreement not incorporated herein shall be binding on either of the Parties; and no exceptions, alternatives, substitutes, or revisions are valid or binding on County unless authorized by County in writing. 19. SIGNATURES. Separate copies of this Agreement may be signed by each of the Parties, and this Agreement will have the same force and effect as if the original had been signed by all the Parties. An electronic signature or electronic record of this Agreement or any amendment thereto shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement or any amendment thereto. The Parties have executed this Agreement on the day and year dated below. BY:DATED: Jill R. Ingram, City Manager City of Seal Beach Page 6 of 6 BY:DATED: Christine Gardea, Deputy Purchasing Agent County Procurement Office County of Orange, California APPROVED AS TO FORM: Office of the County Counsel County of Orange, California BY:____________________________ Chief Assistant DATED:________________________ Agenda Item I AGENDA STAFF REPORT DATE:March 25, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Approving and Authorizing Amendment No. 1 to the Professional Services Agreement with Raftelis Financial Consultants, Inc. for Water and Wastewater Financial Planning Services ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7500: 1. Approving Amendment No. 1 to the Professional Services Agreement with Raftelis Financial Consultants, Inc. dated June 23, 2023, to provide additional Water and Wastewater Financial Planning Services; increase compensation for such additional services by $48,352 for a revised total contract not-to-exceed amount of $135,767; and extend the term to December 31, 2024; and, 2. Authorizing and directing the City Manager to execute Amendment No. 1 on behalf of the City. BACKGROUND AND ANALYSIS: The City’s water and sewer utilities are funded entirely by fees collected through adopted water and sewer service charges (“Enterprise Funds”). The rates that customers pay on their utility bill must fund all operating costs, capital improvements, and reserves. Water and sewer rates must be periodically reviewed to ensure rates are set to provide adequate revenue. These studies are performed in accordance with Proposition 218 requirements. On February 22, 2021, the City adopted Resolutions 7114 and 7115 adjusting the water and sewer rates, respectively. Recent assessments of the current financial plan suggests that additional revenue increases are needed, and is likely due to a combination of the following factors: 1. Decreased water sales with recent drought and 2023 winter storms; Page 2 1 7 4 9 2. Low inflation factors used to project the current rate structure’s expenditures; 3. Increased water purchasing costs; 4. Increased operating and capital expenditures due to labor and material shortages and overall pricing increases; 5. Depletion of cash reserves due to capital spending originally slated to be funded through bond proceeds; 6. Deferred critical capital improvement needs on aging infrastructure. On June 12, 2023, the City Council adopted Resolution 7416 awarding a professional services agreement to Raftelis Financial Consultants, Inc. (“Raftelis”) to provide water and wastewater financial planning services in a not-to-exceed amount of $82,415, and authorized the City Manager to approve additional work request in the amount of $5,000. The water and wastewater financial plan and proposed rate adjustments were presented to City Council on December 11, 2023. On the same night, City Council adopted Resolution 7472 setting a public hearing date on February 12, 2024, that was subsequently continued to February 26, 2024. At the close of the public hearing, City Council concluded the pending majority protest proceedings, and took no further action to adopt the rate adjustments. City Council further directed staff to further examine the rates, provide additional public outreach, and re-notice the public pursuant to Proposition 218 at a later date. Accordingly, Raftelis submitted a proposal dated March 7, 2024 for the additional support work in the amount of $48,352. ENVIRONMENTAL IMPACT: This item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that approval of a professional services agreement amendment with Raftelis Financial Consultants, Inc. and will not have a significant effect on the environment. LEGAL ANALYSIS: The City Attorney has approved the agreement and resolution as to form. FINANCIAL IMPACT: Additional costs associated with Amendment No. 1 will be expensed from the Water and Sewer operation funds. Sufficient funding for this item is available in the adopted FY 2023-24 budgets. Page 3 1 7 4 9 CIP Project Amount Water Operations & Maintenance $ 24,176 Sewer Operations & Maintenance 24,176 Total $ 48,3525 STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7500: 1. Approving Amendment No. 1 to the Professional Services Agreement with Raftelis Financial Consultants, Inc. dated June 23, 2023, to provide additional Water and Wastewater Financial Planning Services; increase compensation for such additional services by $48,352 for a revised total contract not-to-exceed amount of $135,767; and extend the term to December 31, 2024; and, 2. Authorizing and directing the City Manager to execute Amendment No. 1 on behalf of the City. SUBMITTED BY: NOTED AND APPROVED: Iris Lee Jill R. Ingram Iris Lee, Director of Public Works Jill R. Ingram, City Manager ATTACHMENTS: A. Resolution 7500 B. Agreement with Raftelis Financial Consultants, Inc. C. Amendment No. 1 with Raftelis Financial Consultants, Inc. RESOLUTION 7500 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AN AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH RAFTELIS FINANCIAL CONSULTANTS, INC. TO PROVIDE WATER AND WASTEWATER FINANCIAL PLANNING SERVICES WHEREAS, the City owns and operates a water system and wastewater system; and, WHEREAS, the water and wastewater systems are funded by utility rate-generated revenues; and, WHEREAS, the water and wastewater utility rates must be periodically reviewed to ensure they are properly set to fund operations and capital needs; and, WHEREAS, recent climate conditions, material and labor shortages, and critical infrastructure needs have significantly impacted revenue and expenditures; and, WHEREAS, on June 23, 2023, the City Council adopted Resolution 7416 approving a professional services agreement with Raftelis Financial Consultants, Inc. (“Raftelis”) to provide water and wastewater financial planning services in the amount of $82,415, and authorizing the City Manager to approve work payment requests in the amount of $5,000; and, WHEREAS, the City desires to amend the Agreement with Raftelis to provide additional support services; increase Raftelis’s compensation for such services by $48,352, for a revised not-to-exceed amount of $135,767; and extend the term to December 31, 2024. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby approves Amendment No. 1 dated March 25, 2024 to the Agreement dated June 12, 2023, between the City of Seal Beach and Raftelis Financial Consultants, Inc. (i) to authorize Raftelis to provide additional water and wastewater financial planning services; (ii) to increase Raftelis’s compensation by $48,352 for the additional services, for a revised total contract not-to-exceed amount of $135,767; and (iii) to extend the Agreement term to December 31, 2024. Section 2. The City Council hereby authorizes and directs the City Manager to execute Amendment No. 1. 8 8 6 8 PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 25th day of March 2024 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Schelly Sustarsic, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7500 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 25th day of March 2024. Gloria D. Harper, City Clerk PROFESSIONAL SERVICES AGREEMENT for Water and Wastewater Financial Planning Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 N Raftelis Financial Consultants, Inc. 227 West Trade Street, Suite 1400 Charlotte, NC 28202 704) 373-1199 This Professional Service Agreement ("the Agreement") is made as of June 12, 2023 the "Effective Date"), by and between Raftelis Financial Consultants, Inc. Consultant'), a North Carolina corporation, and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). RECITALS A. City desires certain professional water and wastewater financial planning services. B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City desires to retain Consultant as an independent contractor to provide professional water and wastewater financial planning services. C. Consultant represents that the principal members of its firm are qualified professionals and are fully qualified to perform the professional services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees. D. City desires to retain Consultant as an independent contractor and Consultant desires to serve City to perform those services in accordance with the terms and conditions of this Agreement. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Consultant shall provide those services (collectively "Services") set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City at the time and place the Services are performed. 1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law. 1.4. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience,. The City relies upon the skill of Consultant, and Consultant's staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant's staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional 2of19 standards of care. The acceptance of Consultant's work by the City shall not operate as a release of Consultant from such standard of care and workmanship. 1.5. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term 2.1. The term of this Agreement shall commence on June 12, 2023, and shall remain in full force and effect until June 30, 2024, unless sooner terminated as provided in Section 5.0 of this Agreement. 3.0 Consultant's Compensation 3.1. City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for the Services but in no event will the City pay more than the total not -to -exceed amount of $82,415.00 (Eight Two Thousand Four Hundred Fifteen dollars and 00/100) for the Term. 4.0 Method of Payment 4.1. Consultant shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. 4.2. Upon 24-hour notice from City, Consultant shall allow City or City's agents or representatives to inspect at Consultant's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City's rights under this Section 4.2 shall survive for three (3) years following the termination of this Agreement. ' 3of19 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Steve Gagnon is the Consultant's primary representative for purposes of this Agreement. Steve Gagnon shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211 -8th Street Seal Beach, California 90740 Attn: City Manager To Consultant: Raftelis Financial Consultants, Inc. 227 West Trade Street Charlotte, NC 28202 Attn: Steve Gagnon 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Permits and Licenses Consultant and all of Consultant's employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, permits and 4of19 certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code. 9.0 Independent Contractor 9.1. Consultant is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant's employees or other personnel under Consultant's supervision. Consultant will determine the means, methods, and details by which Consultant's employees and other personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 9.2. All of Consultant's employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant and Consultant's personnel shall not supervise any of City's employees; and City's employees shall not supervise Consultant's personnel. Consultant's personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant's personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant's personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant's choice, except (1) as otherwise required for the performance of Services on City real property, vehicles or equipment; (2) as otherwise may from time to time be necessary in order for Consultant's personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant's performance of any Services under this Agreement, or (3) as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant's personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. 9.3. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant's personnel in connection with their performance of any Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and 5of19 subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System ("PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 9.4. Consultant shall indemnify and hold harmless City and its elected and appointed officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from liability, damages, claims, costs and expenses to the extent caused by Consultant's personnel practices. or to the extent arising from, caused by or relating to the violation by Consultant of any of the provisions of this Section 9.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. . 10.0 PERS Compliance and Indemnification 10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees' Retirement Law ("PERL"), commencing at Government Code § 20000, as amended by the Public Employees' Pension Reform Act of 2013 ("PEPRA" ),. and the regulations of PERS. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations. 10.2. Indemnification. Consultant shall defend indemnify and hold harmless City, and its City and its elected and appointed officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant's violation of any provisions of this Section 10.0. This duty of indemnification ,is in addition to Consultant's duty to defend, indemnify and hold 6of19 harmless as set forth in any other provision of this Agreement. Consultant's indemnification and obligations under this Section shall survive the expiration or termination of this Agreement. 11.0 Confidentiality 11.1. Consultant covenants that all data, reports, documents, surveys, studies, drawings, plans, maps, models, photographs, images, video files, media, discussion, or other information (collectively "Data & Documents") developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary," provided Consultant gives City notice of such court order or subpoena. 11.2. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct or rewrite the response. 11.3. Consultant's covenants under this Section shall survive the termination or expiration of this Agreement. 12.0 Ownership of Documents and Work Product 12.1. All Data & Documents shall be and remain the property of City without restriction or limitation upon its use, duplication or dissemination by City. All Data & Documents shall be considered "works made for hire," and all Data & Documents and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City. Consultant shall not obtain or attempt to obtain copyright protection as to any Data & Documents. 7of19 12.2. Consultant hereby assigns to City all ownership and any and all intellectual property rights to the Data & Documents that are not otherwise vested in City pursuant to the paragraph directly above this one. 12.3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Written Products produced under this Agreement, and that City has full legal title to and the right to reproduce the Data & Documents. Consultant shall defend, indemnify and hold City, and its elected and appointed officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City's use of any of the Data & Documents is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Data & Documents produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (1) secure for City the right to continue using the Data & Documents and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (2) modify the Data & Documents and other deliverables so that they become non -infringing while remaining in compliance with the requirements of this Agreement. These covenants shall survive the expiration and/or termination of this Agreement. 12.4. Upon expiration or termination of the Agreement, Consultant shall deliver to City all Data & Documents and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Consultant prepares a document on a computer, Consultant shall provide City with said document both in a printed format and in an electronic format that is acceptable to City. 13.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors. 14.0 Prohibition Against Assignment or Delegation 8of19 Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City's prior written consent. Any purported assignment or delegation in violation of this Section shall be void and without effect, and shall entitle City to terminate this Agreement. As used in this Section, "assignment' and "delegation" means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs. 15.0 Inspection and Audit of Records Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with access to such records without charge, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 15.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 16.0 Safety Requirements All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable state and federal laws. City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services. Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to the City any hazardous condition noted by Contractor. 9of19 17.0 Insurance 17.1. General Requirements. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section. 17.2. Minimum Scope and Limits of Insurance. Consultant shall, at its sole cost and expense, procure, maintain and keep in full force and effect for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement, as follows: 17.2.1. Commercial General Liability Insurance: Consultant shall maintain limits no less than $2,000,000 per occurrence for bodily injury, personal injury and property damage; and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit: Coverage shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds; 17.2.2. Automobile Liability Insurance: Consultant shall maintain limits no less than $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto). 17.2.3. Workers' Compensation Insurance in the amount required by law; and Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease; 17.2.4. Professional Liability (or Errors and Omissions) Liability, with minimum limits of $1,000,000 per claim/aggregate. If a "claims made" policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years. 17.3. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 10 of 19 17.4. Additional Insured. 17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents acting as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work. 17.4.2. For automobile liability, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible. 17.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies. 17.5. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to City; 2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, agents, designated volunteers, and those City agents serving as independent contractors in the role of City officials; f 17.6. Primary and Non -Contributing. Coverage shall be primary insurance as respects the City, its elected and appointed officials, officers, employees, agents, designated volunteers designated volunteers and agents serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its elected and appointed officials, officers, employees, agents. designated volunteers designated volunteers and agents serving as independent contractors in the role of City officials, shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; 17.7. Separation of Insureds. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. 11 of 19 17.8. Deductibles and Self -Insured Retentions. Any deductibles or self- insured retentions shall be declared to and approved by City. Consultant guarantees that, at the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials; or (2) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 17.9. Waiver of Subrogation. Each insurance policy required by this Agreement shall expressly waive the insurer's right of subrogation against City and its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. Consultant hereby waives all rights of subrogation against City. 17.10. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant's policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant's expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant. 17.11. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City if requested. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City's Risk Manager. All certificates and endorsements shall be received and approved by the City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages. 17.12. Indemnity Requirements Not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant's liability or as full performance of Consultant's duty to indemnify City under Section 18.0. 12 of 19 17.13. Broader Coverage/Higher Limits. If Consultant maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. 17.14. Subcontractor Insurance Requirements. Consultant shall require each of its subcontractors that perform Services under this Agreement to maintain; insurance coverage that meets all of the requirements of this Section. 18.0 Indemnification, Hold Harmless, and Duty to Defend 18.1. Indemnities. 18.1.1. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify City and its elected and appointed officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens and losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages collectively "Liabilities"), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the negligent acts or omissions or willful misconduct of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel approved by City, whose approval shall not be unreasonably withheld, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 18.1.2. Consultant shall indemnify and hold harmless City in accordance with Sections 9.0 and 10.0. 18.2. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 from 13 of 19 each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. 18.3. Workers' Compensation Acts Not Limiting. Consultant's indemnification obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officers, officials, agents, employees, designated volunteers and those City agents serving as independent contractors in the role of City officials. 18.4. Insurance Requirements Not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities and obligations in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities asserted against City or any of the other Indemnitees. 18.5. Survival of Terms. Consultant's indemnifications and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement. 19.0 Non -Discrimination and Equal Employment Opportunity Consultant affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, or any other basis prohibited by law. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, 14 of 19 ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation, or any other basis prohibited by law. 20.0 Labor Certification By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 21.0 Prevailing Wage and Payroll Records To the extent that this Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B, attached hereto and incorporated by reference herein. 22.0 Entire Agreement This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties. 23.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 24.0 doverning Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or- both) shall be resolved in a superior court with geographic jurisdiction over the City of Seal Beach. 25.0 No Third Party Beneficiaries This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement. 15 of 19 26.0 Waiver No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states. 27.0 Prohibited Interests; Conflict of Interest 27.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 27.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 27.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Section. 28.0 Final Payment Acceptance Constitutes Release 16 of 19 The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents. 29.0 Corrections In addition to the indemnification obligations set forth above, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction. 30.0 Non Appropriation of Funds Payments to be made to Consultant by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant's Services beyond the current fiscal year, this Agreement shall cover payment for Consultant's Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. 31.0 Mutual Cooperation 31.1. City's Cooperation. City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for Consultant's proper performance of the Services required under this Agreement. 31.2. Consultant's Cooperation. In the event any claim or action is brought against City relating to Consultant's performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires. 32.0 Time of the Essence 17 of 19 Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement. 33.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith. 34.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 35.0 Corporate Authority The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement. 18 of 19 IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH 9- &n"jn U.9R. . Ta Attest: M CONSULTANT: Raftelis Financial onsultants, Inc., a North Carolina orporation By: Peiffe A. Brandt C f Executive Officer Cm Christine McIntyre Secretary Approved as to Form: By: jg;i6 Nicholas R. Ghirelli, City Attorney case note, two signatures required ui corporations pursuant to California Corporations Code Section 393 from each of the following categories: (i) the chairperson of the board, the president or any vice president, and (ii). the secretary, any assistant secretary, the chief financial officer or any assistant treasurer of such corporation.) PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED 19 of 19 EXHIBIT A Consultant's Scope of Services R R A F T E LIS RAFTELIS May 30, 2023 Ms. Iris Lee Public Works Director City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Subject: Water and Wastewater Financial Plan Dear Mrs. Lee, Raftelis is pleased to submit this proposal for a water and wastewater financial plan. A financial plan is the first half of a rate study. The goal of a financial plan is to assess if your future expected revenue is sufficient to meet expenses over the next 5 to 10 years. We project expenses which include operating, capital, debt, and reserve funding expenses. Capital expenses may be funded through cash and/or debt. We also plan for reserves. If revenue is not sufficient, the financial plan proposes a series of revenue increases to meet expenses and reserve targets. As we discussed, we will not perform a cost -of -service study. A cost of service study allocates the City's revenue requirements to each customer class. A cost -of -service study was performed in the 2021 rate study and we can use the resulting rate structure from this study. Therefore, if our financial plan identifies a need for 10% additional revenue, we will increase all current rates by 10% to yield the additional required revenue. This letter proposal includes a scope of work. I will be the project manager assisted by a member of our financial consulting staff, and Gina DePinto, APR, who will lead the outreach efforts. Should you have any questions, please contact me using the contact information below. Sincerely, Steve Gagnon, PE (AZ) Vice President P.• 714 3512013 E. sgagnon@raftelis.com 445 S. Figueroa Street, Suite 1925, Los Angeles, CA 90071 www.raftelis.com, RAFTELIS Scope of Services Task 1: Project Management, Kick-off Meeting, QA/QC, Data Collection and Communication Check-in Meetings Note: We have assumed that staff meetings are virtual and City Council Meetings are in person. The kick-off meeting is used to perform our due diligence. As part of the kick-offmeeting, Raftelis will: 1. Discuss any items that you think may affect the City's future financial health such as: o large CIP projects o changes in revenue or expenses o changes in tax revenue o Inflation and the projection of future expenses including water purchase costs. 2. Identify objectives for the study. 3. Discuss the state of reserves and financial policies. 4. Discuss any data gaps or questions. 5. Review the schedule. This task also includes general project management, correspondence, billing, QA/QC, and data collection. Raftelis will prepare a data request and start preparing the financial model before the kick-off meeting. The time and cost associated with quality assurance/quality control (QA/QC) is also included in this task and includes a QA/QC review by a Sr. Analyst who is not involved with the project to review calculations and critique the approach. For the communications and outreach planning and implementation tasks over several months or longer, we typically schedule biweekly virtual check-in meetings of 30 minutes, so we are in regular touch about what we've learned, what we're doing, and whether anything about communications and outreach efforts needs to change. MEETINGS Kick-off meeting (in person) 30 -minute virtual check-in meetings (16 each virtual) primarily for communications and outreach tasks (Tasks 6-9) DELIVERABLES Data Request List Task 2: Water and Wastewater Financial Plan The financial plan assesses each utility's financial condition and suggests revenue adjustments to ensure long-term fiscal sustainability. We will analyze the prior financial plan and compare it to the proposed financial plan to assess why additional revenue increases are needed. It is likely a combination of the following factors: 1) Decreased water sales with the prior year drought and heavy rains in early 2023. 2) Low inflation factors used to project expenses. 3) Increased OCWD wholesale rates. 4) Higher capital expenses than projected. 5) Depletion of cash reserves due to capital spending that was originally planned to be funded through bond proceeds. 6) Any other factors that increased expenses beyond those anticipated in the prior financial plan. RAFTELIS 3 Raftelis will project expenses and revenue over a 10 -year planning horizon. If desired, we can model two to three different financial plan scenarios reflecting different revenue adjustments based on capital investment and other expenses. As part of the financial plan we review and discuss typical reserves for operating, capital, and if applicable rate stabilization and emergency purposes. Our models include a dashboard with the following features: Flexibility to change assumptions such as water sales, CIP levels, debt issuance amounts, and revenue adjustments. Error flagging of results such as failure to meet debt coverage, unmet reserve targets, etc. Sensitivity analyses that can be viewed instantaneously. A sample model dashboard is shown below. la R FYE 2020 FYE 202f FYE 2022 FYE 2023 FYE 2024 FYE 2025 FYE 2029 Salectiorin_OPtiana —R—me Adjuatmsnta 3.7% 5.0% 5.0% 5.0% 5.0% O.ON. 0.0% Chert 3: Display Total Funds' AdjuatmantMonth Apdi April Apol' April April April APAI Display Years 5 Demand Reduction 0% 0% 0% 0% 0% 0% 0% Raftelis will develop Pass-through? FALSE Addrt Demand Factor 100% 100% 100% 100% 1007. loci. 100% RataRevenue Calcaiatod Patnbla Wutsr Salsa 17,936 AF 17,652AF 17,635 AF 17,719 AF 17,751 AF 17,7941 AF 17,817AF a customized Reryled Weter Saba Z,Ti6AF 2,993 AF 2.993AF 2.993AF 2,963 AF 2,993 AF Z,953AF ETpand(or Transyars and Proposed Debt OpDons; financial model that REVENUE ADJUSTMENTS & DEBT COVERAGE OPERATING FKANCIAL PLAN R—AGj,—Plo • A (Ripltt) —OSME-- —Putlu,MW—C— —O S—" incorporates a D.InCo.a.p. 96Pe) —DebtCo.xels ReP:eran+P6aw >T.s —R"e .R-- —`""' N— dashboard to allow am 350 U0 — — Prew bRearw 3m sro 6q _ _ _ _ _ _ - - - you to easily run 4.0x. 250 N scenarios and see the 2201m® ® impacts in real time. m 2aL +m 1dl Shown here is a tA+c anti Ila . o sample dashboard 9.az am amFYE =0M 3121 FTE 2071 FYE 20A FYE 9]24 FYE1020 FYE 5l21 FYE2022 FYE20t1 FTE 2014 that We developed CAPITAL PROJECTS FUNDING TOTALFUNDSBALANCE for another project. O lF— -W-1— Enarq a— — ssn4nane.Yncs l®ons Ratr Pative eONr _ _ Al.rimmSwire _• A4neebrca 370 122.1 M eem5Mo 38 5—M 100 — — — — — — — — — — — — — — — — — — — — — — — — — — — SZ $a0 375 SHAM 3%lAM leaSRAY $4a1M S515 11rfM 341aY --- 0 Sa1Y ss— sa FYE9120 FYE ]021 FYE Mn FYEN13 FYEMSA FYE 2010 FTE 1021 FYE 1021 FYEMS FYE 2024 We've assumed two virtual staff presentations to review the financial plan, solicit staff feedback and incorporate it into the financial plan. MEETINGS Two webinars to discuss the financial plan DELIVERABLES Financial Plan Model in Microsoft Excel Task 3: Three City Council Presentations We propose an introductory Council presentation to explain the need for additional revenue. The second workshop will show the financial plan results and the additional revenue increases needed. We will describe all assumptions that will include anticipated revenue based on water sales, inflationary assumptions, and water purchase costs. We have included a third workshop, if needed, to incorporate City Council feedback from the second workshop. RAFTELIS 4 MEETINGS Three City Council workshops DELIVERABLES Presentation materials in PowerPoint Task 4: Draft and Final Report Preparation Raftelis will prepare draft and final reports. The report will describe the assumptions used in projecting revenue and expenses and the revenue adjustments needed to meet expenses and reserve targets. MEETINGS Webinar or phone conferences as needed to discuss the Report DELIVERABLES Draft and Final Reports Task 5: Public Hearing Presentation To adopt the rates, the City must present the rates to the public at a public hearing. Raftelis will prepare a presentation and present study results at the public hearing. Our Project Managers, myself included, do this often and are accustomed to answering questions from the Council and members of the public. We assume this meeting will be in person. PLANNED MEETINGS: One public hearing presentation DELIVERABLES: Public hearing presentation in PowerPoint. Task 6: Community Meetings with Presentation We will help the City go beyond communicating with its stakeholders to ensure it also engages with them, meaningfully, through the study process before decisions are made. We propose that Raftelis will help coordinate and present at two community meetings or open houses to inform the public about the need to adjust rates. These are separate from publicly noticed City Council meetings, workshops, and hearings. Open houses allow convenient, one-on-one communication with customers in a low conflict setting, ensuring that customers can get their questions answered and that City staff can benefit from community feedback. This process can be highly collaborative and iterative; the feedback we receive from key stakeholders will help guide the overall direction of the study and inform the methodologies and options ultimately selected for the final rate proposal. Our presentation will be reviewed by our communications staff who are experts at developing clear, compelling, and consistent messages that build awareness and support with stakeholders. PLANNED MEETING(S): Web meetings as needed to discuss the messaging, meeting logistics, and presentation; two in-person community meetings or open houses DELIVERABLE(S): Presentation in PowerPoint Develop promotional materials including digital and print event notices, invitations, social media content, a press release, and direct mail postcard (printing and postage are not included) RAFTELIS o Recommend producing 8-10 graphic display/poster boards for use in the open houses o Logistical coordination and on-site facilitation of the open houses o Gathering feedback from participants o Compiling a summary report of feedback Task 7: Proposition 218 Public Notice Preparation While requirements of Proposition 218 notifications are easy to satisfy, too many municipalities and utilities miss the opportunity to educate and inform ratepayers. Over the years, Raftelis has designed countless Proposition 218 notifications that go beyond the minimum dictated by statute to deliver visually appealing pieces that customers want to read. We will draft the content and match the City's established brand guidelines to design custom graphics that support clear, positive messaging in the Notice. Once these arrive in mailboxes, customers will not only be properly notified but will understand the City's needs and be more likely to support rate adjustments. PLANNED MEETING(S): Web meetings as needed to discuss the public hearing notice DELIVERABLE(S): Draft notification language for the City's legal counsel's review/approval, designed notification with two rounds ofrevisions, and final press -ready PDF in English. As needed, the City will provide language translations to be included in the final designed Notice. Task 8: Communication and Outreach Plan Development As a first step in getting a comprehensive look at how we can build a strategy most effectively, Raftelis will conduct a two-hour in-person outreach kickoff meeting followed by a communications analysis to identify areas we can leverage. It's in our best interest to invite staff who participate in the City and Public Works Department communications assets to participate in the kickoff because we will review assets, obstacles, challenges, and opportunities with respect to communications and outreach to obtain a clear picture of your working environment and staff resources. We'll amass your internal and external stakeholders, communication materials, channels, and programs and evaluate what's working, or what may need a tweak. Doing so provides us with a foundation to build an effective plan. From there, Raftelis will develop an outreach plan that includes the following components: Situation analysis — this is a combination of internal research and input gathered in the kickoff workshop. Stakeholder identification — stakeholder mapping is inserted into the plan to show how key stakeholders are connected to the communication process. It also identifies special population communication needs such as necessary translation services, or community communication preferences. Communication channel identification - this section covers which communications channels will be used to reach stakeholders, such as the City's website, social media, printed and electronic materials, bills, direct mail, newsletters, and other available opportunities. Messaging platform — this provides messages about why rates are changing, how the results will be implemented, and potential impacts to customers for use in such materials as FAQs, infographics, website updates, bill inserts, etc. Internal communication strategies — this section will provide guidance to ensure all City staff are aware of the rates study and feel prepared and empowered to answer questions about it or where to direct stakeholders for information. Community engagement techniques — this section will identify the techniques we will recommend for community engagement to ensure key stakeholders from each customer group and the development community, potentially highly impacted customer groups, underrepresented populations, etc., all have an opportunity to provide input into decision making. RAFTELIS Traditional and social media strategies — this section will provide an approach to using local media and your social media platforms for reaching your community with information. Materials — this section will identify materials we recommend that we can develop for you to help us communicate such as newsletters, fact sheets, brochures, flyers, webpages, and an explainer video of legal rates setting. Success measures — this section will identify the outputs and outcomes we will use to measure project success. Implementation plan — this section ensures the Outreach Plan is accessible, usable, and practical. It identifies roles, responsibilities, materials, activities, and their due dates. We will refer to this document during project update calls. PLANNED MEETING(S): One in-person outreach kickoff meeting, two virtual meetings to review the draft Outreach Plan and receive feedback DELIVERABLE(S): Draft and Final Communications and Outreach Plan with message platform, FAQs, one press release, social media content Task 9: Materials Development Key messages developed as part of the Communications and Outreach Plan come to life when woven together into powerful communications pieces by Raftelis' strategic communicators and professional graphic designers. Visual representation of proposed rate changes in an easy -to -understand and accessible format significantly improves customer understanding ofrate structure changes that may impact customer bills. Raftelis can provide a suite of communications pieces to assist with communicating rate and rate structure changes in print, online, or in person. Exact materials will be determined in consultation with you, with specific estimates provided before expending time and materials. As a rough estimate, a brochure or fact sheet averages around $1,500 each. A 2 -minute explainer video is roughly $2,500-$5,000 depending on content and format (animation vs original b -roll, etc.). Generally, there are cost savings as more materials are produced using similar content and design. PLANNED MEETING(S): Web meetings as needed to discuss materials development DELIVERABLE(S): Materials as requested As proposed, hours built in for design and development of 2-3 products RAFTELIS Raftelis proposes to complete the scope of work outlined above on a time -and -materials basis for the fee shown below. The following table shows our proposed fee based on our hourly rate and estimated hours. The fee shows an optional task for a communications and outreach plan and materials development. St; - Statt Uansultants k Total Fees & Expenses GD- Graphic Designer i - — t j Number of Virtual In -Person Total Fees & Tasks Y Meetings Meetings PM CS SC GD Total Expenses 1. Project Management, Kick-off Meeting and 16 1 i 14 1'4 i 10 38' 10,593QA/QC, Communications .Check -ins 802.. Water and Wastewater Financial Plan 2 r j 24 56 18,760 r 3. Three City Council Presentations 3 20 3 6, 2 31 r 9,449 4. Draft and Final Reports i ; 10 34 44 f $9,790 5- Public Hearing Presentation11 8 4 2 14 4,363 6. Community Meetings with Presentation 2 t 2 1.0 14 lr 4 4. 1 32 d 1 $8,826 7. Proposition 218 Public Notice Preparation 2 i 2 12 t 1 10 26 5,825 8.. Communication & Outreach Plan 21' 1 30 i 6 37 9,533 i 1 9: Materials Development 4 11 10 1 12 24 5,275 28 8 t 990 87 114 34 325 340 260 175 160 30,600 22,620 19,950 73,170 Total Fees 73,170 PM - Project Manager, Steve Gagnon, PE (AZ) r CS - Communications Staff, Gina DePinto, APR i 1 Total Expenses 9,245 St; - Statt Uansultants k Total Fees & Expenses GD- Graphic Designer i - — RAFTELiS 8 Schedule A proposed schedule is shown below. It assumes that Raftelis will receive data by late July and that we will implement rates for January 2024. Notice to Proceed 1. Project Management, Kick-off Meeting and QA/QC, Communications Check -ins City Provides Requested Data 2. Water and Wastewater Financial Plan Kick-off Meeting 3. Three City Council Presentations 4. Draft and Final Reports 6. Public Hearing Presentation 6. Community Meetings with Presentation 7. Proposition 218 Public Notice Preparation Public Noticing Period 8. Communication & Outreach Plan 9: Materials Development JUN JUL AUG SEP OCT NOV DEC JAN 7k' 0 0 Q O O O 1.1 EXHIBIT B TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those Services that are "public works", Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Consultant's Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement. 6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit 200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. 7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. 8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. Consultant shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City. 10. Consultant acknowledges that eight hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming_ aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant's expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement. rliantif• 1722AAq RAFTEFIN ACORD.. CERTIFICATE OF LIABILITY INSURANCE DATE (NNNDD/YYY`/) 6/15/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). USI Insurance Svcs, Charlotte 6100 Fairview Road Ste 1400 Charlotte, NC 28210 800 868-8834INSURER GUNIAPRODUCERNAME: I Brad ChristensenNAME: PHONE FAX AIC, No, Ext): AIC, No): E-MAILADDRESS: brad.christensen@usi.com INSURER(S) AFFORDING COVERAGE NAIC # A National Fire Insurance Co. of Hartford 20478 INSURED Raftelis Financial Consultants, Inc. 227 West Trade Street, Ste. 1400 Charlotte, NC 28202 INSURER B: Continental Insurance Company 35289 INSURER C: American Casualty Company of Reading PA 20427 INSURER D: Continental Casualty Company 20443 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRLTR TYPE OF INSURANCE ADDLISUBR INSR WVD POLICY NUMBER POLICY EFF MIDD POLICY EXP D LIMITS A X COMMERCIAL GENERAL LIABILITY 6076000011 0112112023 01/21/202 EACH OCCURRENCE $1,000,000 PREMISES Ea occu nce 5500,000CLAIMS -MADE 1 OCCUR MED EXP (Any oneperson) 515,000 PERSONAL & ADV INJURY S1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG 52,000,000XPOLICY PRO- LOCJECT OTHER: D AUTOMOBILE LIABILITY BUA6076000025 1/21/2023 01/21/202 EDacctCNDSINGLELIMIT $1,000,000 BODILY INJURY (Per person) SANYAUTO BODILY INJURY (Per accident) SOWNEDSCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNEDXAUTOSONLYXAUTOSONLY PROPERTY DAMAGE 5Peraccident 5 B X UMBRELLA LIAB X OCCUR CUE6076000039 1/21/2023 0112112024 EACH OCCURRENCE $5,000,000 AGGREGATE s5,000,000EXCESSLIABCLAIMS -MADE DED I X RETENTION 510000 S C WORKERS COMPENSATIONWC676000042ANDEMPLOYERS' LIABILITY N ANY PROPRIETOR/PARTNER/EXECUI YIN OFFICER/MEMBEREXCLUDED? Mandatory in NH) NIA WC676305637 1/21/2023 1/21/2023 01/21/202 0112112024 X PERTUT OTH - A PR E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE 31,000,000 E.L. DISEASE - POLICY LIMIT 51,000,000Ifyes, describe under DESCRIPTION OF OPERATIONS below D Professional 652071235 D112112023 0112112024 5,000,000 Aggregate 5,000,000 Occurrence 3/4/1994 Retro Date DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) The City of Seal Beach its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents acting as independent contractors in the role of City officials shall be See Attached Descriptions) SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Seal Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 211 - 8th Street ACCORDANCE WITH THE POLICY PROVISIONS. Seal Beach, CA 90740 AUTHORIZED REPRESENTATIVE 40ai,_L U 6d, W Tyt$t5-ZU 10 At-UKU L UKrUKH I IUM Mu IIyI Iu I U Ul vwu. ACORD 25 (2016103) 1 of 2 The ACORD name and logo are registered marks of ACORD S40414805/M39162930 LUSZZ I. DESCRIPTIONS. (Continued from Page 1) covered as additional insuredswith respect to General Liability, Automobile and Umbrella will follow form as per written contract. The coverage afforded to the Additional Insured is on a Primary and Non Contributory basis for General Liability, Automobile and Umbrella if required by written contract. Waiver of Subrogation applies to General Liability, Automobile, Workers Compensation and Umbrella policies in favor of the above listed Additional Insured per written contract. A 30 day notice of cancellation will be given except for non-payment of premium will be 10 days if required by written contract. SAGITTA 25.3 (2016103) 2 of 2 S40414805/M39162930 Agenda Item J AGENDA STAFF REPORT DATE:March 25, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Awarding and Authorizing a Professional Services Agreement with Silsby Strategic Advisors, Inc. for the San Gabriel River Trash Mitigation Initiative ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7501: 1. Approving and awarding a Professional Services Agreement with Silsby Strategic Advisors, Inc. in a not-to-exceed amount of $144,000 to provide strategic support services for the San Gabriel River Trash Mitigation Initiative; and, 2. Authorizing and directing the City Manager to execute the Professional Services Agreement; and, 3. Authorizing the City Manager to approve additional work requests up to $15,000 in connection with the San Gabriel River Trash Mitigation Initiative. BACKGROUND AND ANALYSIS: The City of Seal Beach has been experiencing significant trash accumulations on its public beach with recent data reflecting an impact of nearly 400 tons per year, not counting trash already collected from area bins and dumpsters. Upon receiving updates on this issue, Assemblymember Dixon's office convened a working group made-up of key stakeholders (“Working Group”) including the following entities: •State Assemblymember Dixon’s Office •State Assemblymember Lowenthal’s Office •County of Orange (Supervisor Do’s Office) •County of Los Angeles (Supervisor Hahn’s Office) •City of Seal Beach •City of Long Beach •Surfrider Foundation (North Orange County & Long Beach Chapters) Page 2 1 7 5 0 After comprehensive research efforts were completed and presented to the Working Group on January 19, 2024, follow-up action items were established and allocated to various Working Group members. The totality of current and future associated efforts has been called the San Gabriel River Trash Mitigation Initiative (“Initiative”). One of the initial actions included the development of high-level cost estimates to implement a long-term mitigation strategy over various phases and to identify near term and future funding sources. The preliminary identified phases include a Feasibility / Alternative Recommendations Study (“Study”), Final Design, and Implementation to complete the Initiative. The County of Orange, via Supervisor Andrew Do’s Office, has indicated a desire to contribute funds to kickstart this important initiative with a focus on the initial Study phase. This phase proposes to conduct initial outreach to key stakeholders (including public agencies having jurisdiction), environmentally focused organizations, scientific entities (e.g., the Aquarium of the Pacific), regional watershed management committees, and other interested or impacted parties that will be identified as the Study progresses. On February 27, 2024, the Orange County Board of Supervisors approved a grant to the City of Seal Beach in the amount of $525,000 for the Initiative, and authorized execution of a grant agreement with the City, and by Resolution 7499, the City accepted the County grant and approved execution of the grant agreement with the County of Orange. While the entire initiative is estimated at roughly $6 million over the next three (3) to five (5) years for all phases, the initial Study and supporting resources to procure external technical services, coordinate stakeholder engagement, and oversee execution of the Study is estimated at $494,000. Under a previous action, the City Council authorized receipt of $525,000 from the County of Orange to execute associated actions and oversight efforts for initial elements of the Initiative. Specialized external resources are needed for the Initiative with unique expertise including coordination of high-level stakeholder engagement, knowledge of the associated local government processes for execution, background in area flood control facilities, program management, and project oversight of multiple elements and agency outreach. Silsby Strategic Advisors, Inc. – via its CEO Shane Silsby and supporting subconsultant – has been identified as the most qualified firm for delivering the necessary services and Mr. Silsby already has familiarity with the Initiative and the Working Group members. Silsby Strategic Advisors, Inc. submitted a proposal in a not-to-exceed amount of $144,000 to provide services for the City’s responsibilities linked to the Initiative. Associated tasks will include the following: 1. Key Stakeholder Coordination 2. Program Management for the Initiative 3. Project Management for the Study phase 4. Coordination with Operations and Maintenance Teams Page 3 1 7 5 0 5. Funding Strategies for Future Phases Staff requests approval for a not-to-exceed amount of $15,000 for contingency if additional analysis or support activities are required to enhance the Initiative beyond the initial Study area or to address comments received from stakeholders and community collaboration meetings not yet accommodated within the Study work product. This would only cover services that are beyond the scope included in the initial proposal from Silsby Strategic Advisors, Inc. ENVIRONMENTAL IMPACT: This item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that approval of a professional services agreement with Silsby Strategic Advisors, Inc. will not have a significant effect on the environment. LEGAL ANALYSIS: The City Attorney has approved the agreement and resolution as to form. FINANCIAL IMPACT: Costs associated with the Agreement will be expensed from the San Gabriel River Trash Mitigation Initiative account that was funded by the County of Orange’s appropriation to cover the Initiative’s initial study. Any unspent funds will be returned to the original funding source. The table below represents a breakdown of the total funding to support this Initiative: Description Amount Strategic Support Services (SSA Fee Proposal)$144,000 Contingency $ 15,000 Project Budget $159,000 STRATEGIC PLAN: This item is not applicable to the current Strategic Plan; however, trash collection issues linked to the San Gabriel River was discussed as a Proposed Strategic Priority in April 2023. RECOMMENDATION: That the City Council adopt Resolution 7501: Page 4 1 7 5 0 1. Approving and awarding a Professional Services Agreement with Silsby Strategic Advisors, Inc. in a not-to-exceed amount of $144,000 to provide strategic support services for the San Gabriel River Trash Mitigation Initiative; and, 2. Authorizing and directing the City Manager to execute the Professional Services Agreement; and, 3. Authorizing the City Manager to approve additional work requests up to $15,000 in connection with the San Gabriel River Trash Mitigation Initiative. SUBMITTED BY: NOTED AND APPROVED: Iris Lee Jill R. Ingram Iris Lee, Director of Public Works Jill R. Ingram, City Manager ATTACHMENTS: A. Resolution 7501 B. Agreement with Silsby Strategic Advisors, Inc. RESOLUTION 7501 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING AND AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH SILSBY STRATEGIC ADVISORS, INC. FOR THE SAN GABRIEL RIVER TRASH MITIGATION INITIATIVE WHEREAS, representatives of the State of California Assembly, the County of Orange (“County”), County of Los Angeles, City of Long Beach, and City of Seal Beach (collective known as the “Working Group”) endeavor to enhance cooperative efforts, support technical feasibility, design, and implementation activities, review property ownership, and identify funding for the San Gabriel River Trash Mitigation Initiative (“Initiative”); and, WHEREAS, the Initiative includes program management, project oversight, key stakeholder engagement, a feasibility / alternative recommendations study phase, a final design phase, an implementation phase, and operational beach clean-up efforts for the public beach owned and maintained by the City of Seal Beach (“City”); and, WHEREAS, the County approved a grant in the amount of $525,000 to the City and authorized execution of an agreement to assist the City with implementing associated Initiative efforts including program management, project oversight, key stakeholder engagement, the feasibility / alternative recommendations study phase, and operational beach clean-up efforts for the public beach owned and maintained by the City; and collaborate in good faith in the delivery of these outlined responsibilities; and, WHEREAS, on March 25, 2024, City Council adopted Resolution 7499 accepting the $525,000 grant from the County of Orange and authorizing the City Manager to execute the grant agreement with the County and take other applicable actions associated with the Initiative; and, WHEREAS, the line item costs for program management, high-level project management, and other support services were estimated at $144,000 of the total $525,000 grant; and, WHEREAS, based on review of consultant qualifications, familiarity with the Working Group, Initiative, area flood control facilities, and experience in multi- agency initiatives Silsby Strategic Advisors, Inc. (“SSA”) was identified as a qualified and cost-effective firm for the Initiative; and, WHEREAS, SSA submitted a proposal in a not-to-exceed amount of $144,000 to provide professional strategic support services for the Initiative; and, 8 8 4 6 WHEREAS, based upon SSA’s proposed work to be performed pursuant to the Agreement and related documents, the City Council finds that SSA is a qualified firm to perform services in support of the Initiative. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The foregoing recitals are true and correct and are hereby adopted by reference as though set forth in full. Section 2. The City Council hereby approves and awards a Professional Services Agreement with Silsby Strategic Advisors, Inc. in a not-to- exceed amount of $144,000 to provide professional strategic support services for the Initiative; and, Section 3. The City Council authorizes and directs the City Manager to execute the Agreement; and, Section 4. The City Council authorizes the City Manager to approve additional work requests up to $15,000 in connection with necessary extra work for the Initiative. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 25th day of March 2024 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Schelly Sustarsic, Mayor ATTEST: Gloria D. Harper, City Clerk 8 8 4 6 STATE OF CALIFORNIA } COUNTY OF ORANGE } 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 7501 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 25th day of March 2024. Gloria D. Harper, City Clerk PROFESSIONAL SERVICES AGREEMENT for San Gabriel River Trash Mitigation Initiative – Strategic Support Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 & Silsby Strategic Advisors, Inc. 1515 Dorothy Lane Newport Beach, CA 90740 (949) 734-0534 This Professional Service Agreement (“the Agreement”) is made as of March 25, 2024 (the “Effective Date”), by and between Silsby Strategic Advisors, Inc. (“Consultant”), a California corporation, and the City of Seal Beach (“City”), a California charter city, (collectively, “the Parties”). 2 of 22 RECITALS A. City desires certain professional strategic support services. B. Pursuant to its authority under Government Code Section 26227, the County of Orange approved a grant to the City of Seal Beach for the San Gabriel River Trash Mitigation Initiative (“Initiative’), and entered into an agreement with the City for the Grant to assist the City in implementing the Initiative. C. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City solicited a proposal from Consultant for performance of professional services for implementation of the Initiative, and Consultant submitted a proposal dated February 11, 2024 to perform the professional services defined and described in Section 1.0 of this Agreement. D. Consultant represents that the principal members of its firm are licensed and registered professional engineers and are fully qualified to perform the professional services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees. E. City desires to retain Consultant as an independent contractor and Consultant desires to serve City to perform those design professional services in accordance with the terms and conditions of this Agreement. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Consultant’s Services. In compliance with all terms, conditions and provisions of this Agreement, Consultant shall provide those professional services (collectively “Services”) set forth in the Consultant’s accepted Proposal dated February 11, 2024 (“Proposal”), attached hereto as Exhibit A (including Proposal and Scope of Work, Proposed Compensation, Supporting Qualifications, and Subconsultant Proposal from Aztec Engineering, Inc. dated January 8, 2024); and Agreement between the County of Orange and the City of Seal Beach for District Discretionary Funding dated March 25, 2024 (“County Agreement”), attached hereto as Exhibit B, all to City’s reasonable satisfaction. The Services relate to the following City project: San Gabriel River Trash Mitigation Initiative (“Project”). 3 of 22 1.2. Agreement Documents; Incorporation by Reference; Order of Precedence. 1.2.1. The Agreement Documents include this Agreement, and all of the following: (i) the Proposal (Exhibit A); and (ii) County Agreement (Exhibit B); and (iii) Terms for Compliance with California Labor Law Requirements (Exhibit C); all of which are incorporated herein by this reference. 1.2.2. In the event of any inconsistency or conflict between this Agreement and any Exhibit or incorporated documents, the order of precedence shall be as follows: (i) this Agreement; and then (ii) Exhibit C (Terms for Compliance with California Labor Law Requirements); and then (iii) Exhibit B (County Agreement); and then (iv) Exhibit A (the Proposal), shall control. In the event there is any conflict between the Agreement, on the one hand, and Exhibits A, B and C, on the other hand, the Agreement shall control. 1.3. Standard of Care. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. City relies upon the skill of Consultant, and Consultant’s staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant’s staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. The acceptance of Consultant’s work by City shall not operate as a release of Consultant from such standard of care and workmanship. 1.4. Familiarity with Services. By executing this Agreement, Consultant represents that, to the extent required by the standard of practice, Consultant (i) has investigated and considered the scope and level of services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) understands the facilities, difficulties and restrictions attending performance of the Services under this Agreement. Consultant represents that Consultant, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of services, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from City’s Representative. 1.5. Compliance with Laws. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law. 4 of 22 1.6. Additional Services. Consultant will not be compensated for any work performed not specified in the Scope of Services unless City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term 2.1. Original Term. The term of this Agreement shall commence on March 25, 2024, and shall remain in full force and effect until December 31, 2025, unless sooner terminated as provided in Section 5.0 of this Agreement. 3.0 Consultant’s Compensation 3.1. Original Term. In consideration of Consultant’s performance of the Services described in Section 1.0, City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for the Services but in no event will City pay more than the total not-to-exceed amount of $144,000 (One Hundred Forty-Four Thousand dollars and 00/100) for the Term. Payment for any additional work authorized by City pursuant to Subsection 1.6 will be compensated in accordance with the fee schedule set forth in Exhibit A, and shall not exceed the cumulative amount established by the City Council at the time of award for the Original Term. 4.0 Method of Payment Consultant shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant’s invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. 5.0 Termination 5.1. Termination by City. 5.1.1. This Agreement may be terminated by City, without cause, upon giving Consultant written notice thereof not less than 30 days prior to the date of termination. 5.1.2. This Agreement may be terminated by City upon 10 days’ notice to Consultant if Consultant fails to provide satisfactory evidence of renewal 5 of 22 or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 5.2. Termination by Consultant. This Agreement may be terminated by Consultant based on reasonable cause, by serving written notice of termination to City, provided that Consultant has first served City with a written notice of default and demand to cure, and City has failed to cure such default within 30 days of receipt of such notice. 5.3. Obligations Upon Termination. Unless otherwise specified in the notice of termination, Consultant shall cease all work under this Agreement immediately upon receipt of notice of termination from City under Subsection 5.1, or immediately upon City’s acknowledgment of receipt of Consultant’s notice of termination to City under Subsection 5.1. Upon termination, City shall be immediately given title to and possession of all Work Product (as defined in Subsection 11.1 of this Agreement) and all other documents, writings, and/or deliverables produced or developed pursuant to this Agreement. Provided that Consultant is not then in breach, City shall pay Consultant all undisputed amounts for any portion of the Services satisfactorily completed prior to termination, based on the reasonable value of the Services rendered. If said termination occurs prior to completion of any specific task for which a payment request has not been received, the charge for Services performed shall be the reasonable value of such Services, based on an amount agreed to by City and Consultant. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. In no event shall Consultant be entitled to payment for unperformed services or services within the Scope of Services performed prior to the effective date of this Agreement; and Consultant shall not be entitled to receive more than the amount that would be paid to Consultant for the full performance of the Services up to date of termination. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation or damages. 6.0 Party Representatives 6.1. The City Manager is City’s representative for purposes of this Agreement. 6.2. Shane Silsby is the Consultant's primary representative for purposes of this Agreement. Shane Silsby shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 6 of 22 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211-8th Street Seal Beach, California 90740 Attn: City Manager To Consultant: Silsby Strategic Advisors, inc. 1515 Dorothy Lane Newport Beach, CA 92660 Attn: Shane Silsby 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Permits and Licenses Consultant and all of Consultant’s employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, registrations, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code. 9.0 Independent Contractor 9.1. Consultant is an independent contractor and not an employee of City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant’s employees or other personnel under Consultant’s supervision. Consultant will determine the means, methods, and details by which Consultant’s employees and other personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 9.2. All of Consultant’s employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant and Consultant’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Consultant’s personnel. Consultant’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant’s personnel shall not use any City e-mail 7 of 22 address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant’s personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant’s choice, except (i) as otherwise required for the performance of Services on City real property, facilities, vehicles or equipment; (ii) as otherwise may from time to time be necessary in order for Consultant’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant’s performance of any Services under this Agreement, or (iii) as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant’s personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. 9.3. In addition to all other provisions of this Agreement, Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with their performance of any Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, servants, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 9.4. Consultant shall defend, indemnify and hold harmless City. its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant’s 8 of 22 covenants and obligations under this Section shall survive the expiration or termination of this Agreement. 10.0 PERS Compliance and Indemnification 10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees’ Retirement Law (“PERL”), commencing at Government Code § 20000, as amended by the Public Employees’ Pension Reform Act of 2013 (“PEPRA”), and the regulations of PERS, as amended from time to time. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations. 10.2. Indemnification. To the maximum extent permitted by law, Consultant shall defend, indemnify and hold harmless City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s violation of any provisions of this Section 10.0. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant’s covenants and obligations under this Section shall survive the expiration or termination of this Agreement. 11.0 Ownership of Work Product 11.1. Unless otherwise agreed upon in writing, all field notes and other notes, draft and final reports, drawings, specifications, data, surveys, studies, plans, maps, models, photographs, images, ideas, concepts, designs including but not limited to website designs, source code, object code, computer files, electronic data and/or electronic files, other media of any kind whatsoever, and any other documents and written material of any kind, created, developed, prepared or used by Consultant in the performance of this Agreement (collectively “Work Product”) shall be considered “works made for hire,” for the benefit of City. Upon completion of, or in the event of termination or expiration of this Agreement, all Work Product and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City upon final payment 9 of 22 being made in accordance with Subsection 5.3, and may be used, reused or otherwise disposed of by City for any purpose without Consultant’s consent; provided that any use, reuse or modification of the Work Product by City for any purpose other than the purpose for which the Work Product was prepared or provided under this Agreement shall be at City’s own risk. Consultant shall not obtain or attempt to obtain copyright protection as to any of the Work Product. 11.2. Consultant hereby assigns to City all ownership and any and all intellectual property rights to the Work Product that are not otherwise vested in City pursuant to Subsection 11.1. 11.3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Work Product produced under this Agreement, and that City has full legal title to and the right to reproduce the Work Product for any purpose. Consultant shall defend, indemnify and hold City, its elected and appointed officials, officers, employees, agents, servants, attorneys, volunteers, and those City agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City’s use of any of the Work Product violates federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Work Product produced under this Agreement. In the event the use of any of the Work Product or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (i) secure for City the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (ii) modify the Work Product and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement. Consultant’s covenants and obligations under this Section shall survive the expiration or termination of this Agreement. 11.4. Upon expiration or termination of the Agreement, Consultant shall deliver to City all Work Product and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Consultant prepares a document on a computer, Consultant shall provide City with said document both in a printed format and in an electronic format that is acceptable to City. 10 of 22 12.0 Confidentiality 12.1. Consultant may have access to financial, accounting, statistical, and personnel data of individuals and City employees, trade secrets, and/or other information that may be protected under other applicable laws relating to privacy, confidentiality and/or privilege. Consultant covenants that all Work Product (as defined in Subsection 11.1) and/or any other data, documents, writings, discussion or other information created, developed, received or provided by Consultant for performance of this Agreement are confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such Work Product, data, documents, writings, discussion or other information to persons or entities other than City without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, servants and/or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within City. Response to a subpoena or court order shall not be considered “voluntary,” provided Consultant gives City timely notice of such court order or subpoena. 12.2. Consultant shall promptly notify City should Consultant, its officers, employees, agents, servants, and/or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City’s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response. 12.3. Consultant’s covenants and obligations under this Section shall survive the termination or expiration of this Agreement. 13.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of City. Consultant is fully responsible to City for the performance of any and all subcontractors, and Consultant shall monitor and review all work and other services performed by any subcontractor to ensure that all Services performed by such subcontractor comply with the requirements and provisions of this Agreement. 11 of 22 14.0 Prohibition Against Assignment, Transfer or Delegation Consultant shall not assign or transfer this Agreement or any of its rights, obligations or interest in this Agreement, or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent, which may be withheld for any reason. Any purported assignment, transfer or delegation without City’s consent shall be void and without effect, and shall entitle City to terminate this Agreement. 15.0 Inspection and Audit of Records Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, payroll, invoices, time cards, cost control sheets, costs, expenses, receipts and other records and Work Product with respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. Upon 24 hours’ notice by City, during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City’s rights under this Section 15.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 16.0 Safety Requirements All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable state and federal laws. City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services. Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to City any hazardous condition noted by Consultant. 17.0 Insurance 17.1. General Requirements. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to City that Consultant has secured all insurance required under this Section. 12 of 22 17.2. Minimum Scope and Limits of Insurance. Consultant shall, at its sole cost and expense, procure, maintain and keep in full force and effect for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement, as follows: 17.2.1. Commercial General Liability Insurance: Consultant shall maintain limits no less than $2,000,000 per occurrence for bodily injury, death, personal injury and property damage; and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit: Coverage shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents, servants, and other persons necessary or incidental to its operation are insureds. 17.2.2. Automobile Liability Insurance: Consultant shall maintain limits no less than $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto). 17.2.3. Workers’ Compensation Insurance in the amount required by law; and Employer’s Liability Insurance: with limits of at least $1,000,000 per accident and in the aggregate for bodily injury or disease. 17.2.4. Professional Liability (or Errors and Omissions Liability) Insurance: Consultant shall maintain professional liability (or errors and omissions liability) insurance that covers the Services to be performed in connection with this Agreement, with limits minimum limits no less than $1,000,000 per claim/aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement. If a “claims made” policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years. 17.3. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to City. 17.4. Additional Insureds. 17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those 13 of 22 City agents serving as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work. 17.4.2. For automobile liability insurance, City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible. 17.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies. 17.5. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by City to state: (i) coverage shall not be suspended, voided, reduced or canceled except after 30 days (or ten days for nonpayment) prior written notice by certified mail, return receipt requested, has been given to City; (ii) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials; 17.6. Primary and Non-Contributing. Coverage shall be primary insurance as respects City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; 17.7. Separation of Insureds. Each insurance policy shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials. 17.8. Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions shall be declared to and approved by City. Consultant guarantees that, at the option of City, either: (i) the insurer shall reduce or 14 of 22 eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials; or (ii) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 17.9. Waiver of Subrogation. Each insurance policy required by this Agreement shall expressly waive the insurer’s right of subrogation against City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials. Consultant hereby waives its own right of recovery and all rights of subrogation against City; and shall require similar express written waivers from any subcontractor. 17.10. Enforcement of Agreement Provisions (Non-Estoppel). Consultant acknowledges and agrees that any actual or alleged failure on City’s part to inform Consultant of non-compliance with any insurance requirement does not impose additional obligations on City, nor does it waive any rights hereunder. 17.11. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant. 17.12. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City if requested. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City’s Risk Manager. All certificates and endorsements shall be received and approved by City before work commences. City also reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages. 15 of 22 17.13. Insurance Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 17.14. Broader Coverage/Higher Limits. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Consultant under this Agreement. Consultant may also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. If Consultant maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. 17.15. Subcontractor Insurance Requirements/Pass-Through Clause. Consultant shall require each of its subconsultants and/or subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section. Consultant agrees to monitor and review all such coverages and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. Consultant agrees to submit all agreements with consultants, subcontractors, and others engaged in the Services upon City’s request. 17.16. Timely Notice of Claims. Contractor shall give City prompt and timely notice of demands or claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required insurance policies. 18.0 Indemnification, Hold Harmless, and Duty to Defend 18.1. Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify and hold harmless City, its elected and appointed officials, officers, attorneys, employees, agents, servants, volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees” in this Section 18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens, and losses of any nature whatsoever, including but not limited to fees of attorneys, accountants and other professionals and all costs associated therewith, and reimbursement of attorneys’ fees and costs of defense (collectively “Claims”), in law or in equity, whether actual, alleged or threatened, to property or persons, including but not 16 of 22 limited to, bodily injury, death, personal injury and property damage, to the extent arising out of, pertaining to, or relating to, in whole or in part, the breach of this Agreement and/or the negligence, recklessness or willful misconduct of Consultant and/or its officers, agents, servants, employees, contractors subcontractors, subconsultants and/or their officers, directors, agents, servants or employees (or any entity or individual for whom Consultant shall bear the legal liability) in the performance of design professional services under this Agreement by a “design professional,” as the term is defined under California Civil Code § 2782.8(c). Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Consultant exceed Consultant’s proportionate percentage of fault. 18.2. Other Indemnities. 18.2.1. Other than in the performance of design professional services and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens, or losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, to property or persons, including but not limited to, bodily injury, death, personal injury and property damage, in any manner arising out of, claimed to arise out of, pertaining to, or relating to the breach of this Agreement, and/or any acts, errors, omissions, negligence, or willful misconduct of Consultant, its officers, agents, servants, employees, contractors, subcontractors, subconsultants, materialmen, or suppliers, or their officers, agents, servants or employees (or any entity or individual for whom Consultant shall bear legal liability) in the performance of the Services and/or this Agreement , except to the extent the Liabilities arise from the sole negligence or willful misconduct of the Indemnitees as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 18.2.3. Consultant shall defend, indemnify and hold harmless City in accordance with Sections 9.0 and 10.0. 18.3. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 from each and every subcontractor, subconsultant, or any other person or entity 17 of 22 involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity agreements, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims and/or Liabilities in law or equity, whether actual, alleged or threatened, arising out of, claimed to arise out of, pertaining to, or relating to, the breach of this Agreement, any acts, errors, omissions, negligence or willful misconduct of Consultant’s subcontractor, subconsultant or other person or entity, and its officers, agents, servants, employees, materialmen, contractors, subcontractors, subconsultants, or their officers, agents, servants or employees (or any entity or individual for whom Consultant’s subcontractor, subconsultant and/or such other person or individual shall bear legal liability) in the performance of the Services or this Agreement, except to the extent the Claims and/or Liabilities arise from the sole negligence or willful misconduct of the Indemnitees as determined by final arbitration or court decision or by the agreement of the Parties. 18.4. Workers’ Compensation Acts Not Limiting. Consultant’s indemnification obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials. 18.5. Indemnification Not Limited By Insurance. Procurement of insurance by Consultant is not and shall not be construed as a limitation of Consultant’s liability, or as a waiver of or limitation on full performance of Consultant’s duties of defense and indemnification, under this Section 18.0 or under any other provision of this Agreement. Consultant’s defense and indemnification obligations under this Agreement shall apply regardless of whether or not any insurance policies are determined to be applicable to the Claims or Liabilities asserted against City or any of the other Indemnitees as defined in this Section 18.0, and Consultant’s defense and indemnification obligations under this Agreement shall not be restricted to insurance proceeds, if any, received by Consultant, City, or any of the other Indemnitees. 18.6. Survival of Terms. Consultant’s covenants and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement. 19.0 Non-Discrimination and Equal Employment Opportunity 19.1. Consultant affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Consultant covenants that it shall not discriminate, harass or retaliate against any of its employees, applicants for employment, contractors, subcontractors, or subconsultants because or on account of race, religion, color, national origin, handicap, ancestry, sex, gender, 18 of 22 sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, military or veteran status, or any other basis prohibited by law. 19.2. Consultant further covenants that in the performance of this Agreement, Consultant shall not discriminate, harass or retaliate against City, its elected or appointed officials, officers, employees, agents, servants, volunteers, those City agents serving as independent contractors in the role of City officials, consultants, contractors, subcontractors, or subconsultants, on any basis prohibited by law. 20.0 Labor Certification By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 21.0 Prevailing Wage and Payroll Records To the extent that this Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C, attached hereto and incorporated by reference herein. 22.0 Entire Agreement This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties. 23.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 24.0 Government Code Claim Compliance In addition to any and all requirements of this Agreement pertaining to notices of and requests for compensation or payment for additional services, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any lawsuit against City. Such Government Code claims and any subsequent lawsuit 19 of 22 based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to additional services, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a lawsuit against City. 25.0 Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Orange County, California shall be the venue for any action or proceeding that may be brought by reason of, that arises out of, and/or relates to any dispute under this Agreement (whether contract, tort or both). 26.0 No Third Party Beneficiaries This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement. 27.0 Waiver No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (i) effective unless it is in writing and signed by the Party making the waiver, (ii) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (iii) deemed to constitute a continuing waiver unless the writing expressly so states. 28.0 Prohibited Interests; Conflict of Interest 28.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California 20 of 22 Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 28.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 28.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non- contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Section. 29.0 Final Payment Acceptance Constitutes Release The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant’s work or services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors, agents, and servants for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors, agents and servants. 30.0 Corrections In addition to the indemnification obligations set forth above, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City’s review of Consultant’s report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any 21 of 22 retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction. 31.0 Non-Appropriation of Funds Payments to be made to Consultant by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant’s Services beyond the current fiscal year, this Agreement shall cover payment for Consultant’s Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. 32.0 Mutual Cooperation 32.1. City’s Cooperation. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for Consultant’s proper performance of the Services required under this Agreement. 32.2. Consultant’s Cooperation. Consultant agrees to work closely and cooperate fully with City’s representative and any other agencies that may have jurisdiction or interest in the work to be performed. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires. 33.0 Time of the Essence Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement. 34.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys’ fees and other costs incurred in connection therewith. 35.0 Titles and Headings The titles and headings used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it. 22 of 22 36.0 Recitals City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 37.0 Corporate Authority The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH By: _________________________ Jill R. Ingram, City Manager Attest: By: _________________________ Gloria D. Harper, City Clerk Approved as to Form: By: _________________________ Nicholas Ghirelli, City Attorney CONSULTANT: Silsby Strategic Advisors, Inc., a California corporation By: __________________________ Shane Silsby President By: __________________________ Shane Silsby Secretary (Please note, two signatures required for corporations pursuant to California Corporations Code Section 313 from each of the following categories: (i) the chairperson of the board, the president or any vice president, and (ii) the secretary, any assistant secretary, the chief financial officer or any assistant treasurer of such corporation.) PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED EXHIBIT A PROPOSAL (Consultant’s Proposal for San Gabriel River Trash Mitigation – Strategic Support Services, dated February 11, 2024) February 11, 2024 Iris Lee Director of Public Works City of Seal Beach – Public Works Department 211 Eighth Street Seal Beach, CA 90740 Submitted via email: ilee@sealbeachca.gov Subject: Strategic Support Services Proposal for SGR Trash Initiative Dear Ms. Lee: Silsby Strategic Advisors, Inc. is submitting this proposal to provide strategic support services to assist the City of Seal Beach (City) with the San Gabriel River Trash Mitigation Initiative. A detailed summary describing the background and anticipated scope of work are summarized in Exhibit “A,” the associated proposed compensation is outlined in Exhibit “B,” supporting qualifications have been provided in Exhibit “C,” and the subconsultant proposal has been referenced in Exhibit “D.” I appreciate this opportunity to provide services to the City in support of this important strategic initiative. If you would like to discuss this proposal or need any additional information for your review, please do not hesitate to contact me at 517-896-9460 or at shane@silsby-sa.com. Respectfully submitted, Silsby Strategic Advisors, Inc. Shane L. Silsby CEO and Founder Page 2 of 8 EXHIBIT “A” Strategic Support Services Proposal for SGR Trash Mitigation Initiative BACKGROUND The City of Seal Beach (City) is interested in utilizing services to supplement internal resources at a time when the City is tasked with coordinating and facilitating major projects, operational activities, and regional coordination efforts at the same time, while also keeping an eye on future opportunities. The scope and scale of these initiatives, the overlapping timing of expected delivery, creates strains on the City’s capacity and can negatively impact daily service efforts if supplemental resources are not leveraged. Additionally, the City has a number of strategic initiatives that require specialized, time-intensive efforts in concert with coordination between various other external agencies at the local, county, state, and potentially federal levels. The following background provides greater detail on the needs and goals of external services, including categories of support for this proposal. Growing Need for External Advisory Services The reasons for increased use of third-party owner’s representatives (or owner’s advisors) are generally driven by a combination of the growing technical complexities and economic risks associated with modern infrastructure projects, the evolution of new and more complex project delivery methods, unique funding opportunities, the need for political awareness at multiple levels of government, and increased specialization of design professionals who have historically served the role of owner’s representative. Additionally, the pandemic has put significant strains on existing public agency staff who are dealing with heavy workloads due to a booming housing market and federal infrastructure dollars, the inability to fill numerous positions due to a talent war, and the unusually high number of employees leaving the public sector workforce. Thus, both private owners and public-sector awarding authorities are retaining third- party advisors to supplement their internal management and administrative capabilities and address capacity gaps in monitoring services rendered by design professionals, land developers, and construction contractors. Broad Range of Skills and Services Given that internal public agency teams have a host of work issues and competing priorities within their areas of responsibility, engaging the services of an owner’s representative and other external resources off-loads significant pressures – especially for highly visible, politically charged projects, and / or fiscally constrained initiatives. External representatives filling this role need to be well versed in key fundamentals of architectural design, engineering, construction and construction field management, economic evaluations, project scheduling, public agency budget development, value engineering, public procurement practices, and dispute resolution. Acknowledging the heightened level of community interest and engagement, excellent communication and facilitation skills are also paramount. PROPOSED SCOPE OF WORK Silsby Strategic Advisors, Inc. (or “Silsby Strategic Advisors”) will provide “External Support Services” to assist the City with oversight and actions associated with the San Gabriel River Trash Mitigation Initiative (hereafter, the “Initiative”) and will focus on several strategic elements that require specialized, time- intensive efforts in concert with coordination between various other agencies. The entire initiative is anticipated to include at least three phases – 1. Feasibility / Alternative Recommendations Study; 2. Final Page 3 of 8 Design (based upon recommendations from Phase 1 and includes applicable permitting activities); and 3. Implementation (constructing physical improvements from the approved Final Design). The Scope of Work associated with assisting the City in this high-level strategic initiative includes: Meetings, Research, and Initial Coordination The External Support Services will include meetings with the City to clarify alignment on the primary direction of focus to best position the City for success. These efforts will also include productively identifying and resolving known liabilities and facilitating enhanced coordination with key stakeholders. Stakeholder meetings with the targeted agencies or departments are presumed to be at the level of key decision-maker and / or applicable technical staff to complete and verify research for the proposed funding categories. The External Support Services will also include regular communication with the City to course correct throughout the initiative, as necessary, based upon new direction from the City and/or requested adjustments by key stakeholders. Deliverables for this portion of the scope of work will generally include information / materials for utilization in presentations for the City to use with key stakeholders or follow up actions from meetings with team members and stakeholders. Enhanced External Coordination and Reporting As needed, Silsby Strategic Advisors will contact any other supporting consultant(s) hired by the City to establish professional working terms, as well as providing flow-through information or reports as requested by the City. Primary Tasks for this Initiative Silsby Strategic Advisors will be the Prime Consultant and proposes to have a primary focus on the following elements: 1. Coordination and engagement with key stakeholders. More specifically, these stakeholders are expected to include State Assemblymember (ASM) Dixon’s Office, State ASM Lowenthal’s Office, County of Orange, County of Los Angeles, City of Long Beach, City of Seal Beach, Surfrider Foundation, and potentially various cities or committees / management groups in the applicable watershed areas of the San Gabriel River (SGR). This Task also includes support for the ongoing Working Group meetings. 2. Act as “Program Manager” for the 2024 elements of the Initiative which includes – a. Supporting the City during public procurement processes, including review or development of documents – i.e., Request for Proposals (“RFP”), review and scoring submittals as ex-officio, and assisting with responses during Question-and-Answer periods. b. Providing recommendations on project delivery methods to increase Implementation phase predictability and reduce cost and schedule risks. c. Facilitating the development, and QA/QC review, of scope of work documents and exhibits for the Feasibility / Alternative Recommendations Study phase. d. Oversee subconsultant services to develop and refine the scope of work, associated technical exhibits, and deliverables to inform the pending RFP or Direct Selection of a professional engineering firm to provide services to complete the Feasibility / Alternatives Study phase. e. Preparing cost estimates and fiscal year targets, as needed, for various phases of the Initiative. f. Provide enhanced liaison services with the County of Orange to present cost and scope information for the County to consider in advance of funding agreements for the initial program phase(s). Page 4 of 8 g. Continue efforts with the State of California to finalize land ownership clarity with the State Lands Commission and to work with various Legislative Offices to advocate for final design and capital construction funding for the Project Implementation Phase. 3. Act as high-level “Project Manager” for the Feasibility / Alternative Recommendations Study (“Study”) to enhance the City’s oversight, including – a. Focus on establishing the Study's requirements and deliverables and then tracking them over the approved delivery schedule. b. Define and outline all work elements to be included within the Study, such as objectives, tasks, outputs (i.e., deliverables), and schedules / deadlines. c. Recommend the most effective and efficient project delivery methods for the implementation phase (i.e., design-build versus low-bid, etc.). d. Participate in as-needed public outreach (i.e., Working Group meetings, town halls, City Council updates, etc.) and track expectations and action items of key stakeholders. 4. Coordination with the ultimate agency or agencies having jurisdiction for the SGR outlet and its key operations and maintenance personnel to gather input on final design elements and provide recommendations on future associated maintenance activities. 5. As requested, develop local strategies, and coordination with regional entities, to support initiatives to identify or create possible funding sources beyond those outlined above. The strategically selected subconsultant, Aztec Engineering Group, Inc., proposes to have a primary focus on the following elements to support Silsby Strategic Advisors with Task #2 above:  Develop and refine the scope of work, associated exhibits, and deliverables to inform the pending RFP or Direct Selection of a professional engineering firm to provide services to complete the Feasibility / Alternative Recommendations Study phase.  Provide supporting information to inform budgetary requests and cost estimates, as needed, for various phases of the Initiative. Attend meetings with technical stakeholders, refine supporting documents as necessary, and manage the effective delivery of subconsultant services. Additional Support Services Silsby Strategic Advisors will provide strategic services including, but not limited to, those outlined above. However, if the City requests that these services be enhanced in any way by the addition of tasks or the deletion of any specified tasks, all efforts will be made to accommodate those adjustments under terms of mutual agreement. As requested by the City via a contract amendment or other vehicle, Silsby Strategic Advisors stands ready to provide high-level Project Management and Stakeholder Engagement activities in 2025 for the Final Design phase and in 2026 - 2027 for the Implementation phase. TERM OF SERVICES The proposed term for the described scope of services is to be from contract execution to March 31, 2025, unless all elements are completed earlier. At that time, all parties can reassess the progress and initiative support needs for the remainder of 2025 and beyond. Page 5 of 8 EXHIBIT “B” Strategic Support Services Proposal for SGR Trash Mitigation Initiative PROPOSED COMPENSATION (FEE) Silsby Strategic Advisors, Inc. is pleased to provide the following proposed compensation breakdown to support the San Gabriel River Trash Mitigation Initiative. The specific daily activities associated with the scope of work are subject to change based upon the timing of identified funding, the positioning of other organizations, and impacts from stakeholder and community interests. Therefore, services provided under this contract are proposed to be a combination of time and materials and lump sum structures. For maximum flexibility, a contract totaling a not-to-exceed value of $144,000 is proposed be executed to create a draw down pool for the time and materials and lump sum efforts associated with the Prime Consultant Scope of Work in Exhibit “A” and the Subconsultant Scope of Services referenced in Exhibit “D”. The proposed Prime Consultant services will be performed by Shane Silsby of Silsby Strategic Advisors, and he will be the primary point of contact with the City. The proposed Subconsultant services will be performed by Aztec Engineering Group, Inc. but will be overseen and managed by Shane Silsby. The breakdown for the compensation to support this proposal is: Silsby Strategic Advisors, Inc. services Task 1 – Key Stakeholder Coordination [Time: 30 hours at $300 / hour] = $ 9,000 Task 2 – Program Management for Initiative [Time: 135 hours at $300 / hour] = $40,500 Task 3 – Project Management for Study [Time: 140 hours at $300 / hour] = $42,000 Task 4 – Coordination with O&M teams [Time: 4 hours at $300 / hour] = $ 1,200 Task 5 – Funding Strategies [Time: 4 hours at $300 / hour] = $ 1,200 Other direct reimbursable expenses (as approved) = $ 330 Prime Consultant subtotal $94,230 Aztec Engineering Group, Inc. services Draft and Final RFP Scope of Work [Lump Sum – upon completion] $37,350 Meetings, Coordination and Project Management [Lump Sum] $12,420 Subconsultant subtotal $49,770 Total Proposed Compensation / Fee [Capacity Pool] $144,000 Page 6 of 8 EXHIBIT “C” Strategic Support Services Proposal for SGR Trash Mitigation Initiative PRIME CONSULTANT - QUALIFICATIONS Throughout his career, Silsby L. Silsby, MsCE, PE, has established a reputation as a transformational leader who is driven by challenge, undeterred by obstacles, and committed to furthering standards of excellence. His expertise encompasses all aspects of strategic oversight within both the public and private sectors from complex negotiations, to controlling costs and maximizing revenues through effective strategies that harness team strengths and improve enterprise-wide performance. Further, his ability to build consensus among executive teams and stakeholders, to promote transparency, and to influence positive change, has been repeatedly proven. Mr. Silsby is the current CEO and President of Silsby Strategic Advisors, Inc. Former Private Sector Positions Senior Vice President – International Engineering Services Firm (West Region). Leadership team member responsible for developing key client relationships and providing client management initiatives. Responsible for regional strategic initiatives, such as high-level market assessments, enhanced client focus plans, talent acquisition of key positions, improved pursuit elements, and organizational recommendations to increase success rates. Developed strategic initiatives such as Olympic venues and infrastructure attraction and implementation plans. Took on additional responsibilities for oversight of the regional business development activities including direct management of regional practice leaders in transportation, planning, water, and land development. Indirectly coordinated support staff to implement business success strategies across the region while customizing approaches for each sub-geography. West Region Business: ~600 positions in 12 offices across 5 states. Chief Operating Officer – Global Architectural/Engineering Firm (West Region). Executive responsible for building / refining the organizational capabilities needed to deliver business results and sustain high performance within the business lines. Provided hands-on dynamic leadership to the organization and focused on executing the company’s vision. Acted as a change agent to build on the firm’s impressive track record and make the organization even more effective through operational excellence. Responsible for guiding implementation of projects / services, ensuring client satisfaction, and contributing to growth opportunities. Built organizational capabilities through robust performance management, mentoring and development, effective strategic recruiting, and talent management. West Region Business: ~1,600 positions in 30 offices and FY20 GR of $587 Million / NSR of $396 Million / EBITDA of $36 Million. Former Public Sector Positions Director of Public Works - Orange County, California. Executive that created the mission and long-term vision for OC Public Works based on efficient and effective responsiveness to the public and client department needs; oversaw the development of strategic plans and department goals; established policies and determined priorities; adjusted plans to respond to emerging or urgent issues; and directed the allocation of resources to achieve timely outcomes and measurable goals within the County’s budget guidelines. During his tenure at Orange County, Mr. Silsby’s reputation as a professional problem solver with a focus on delivering results earned him the honor of being named 2016 Public Works Leader of the Year by the American City & County magazine. Additionally, he was named the 2017 Top Leader of the Year by the SoCal Chapter of the American Public Works Association. Page 7 of 8 Deputy Director for the Street Transportation Department - City of Phoenix, AZ. Management responsibility for the planning, coordination, and design plan review for long- and short-term project development; programming of funds for capital improvement projects ($500 million 5-Year program); coordination of federal / state aid procurement – including ARRA 2009 federal stimulus funding; and provision of environmental assessments for all ground disturbing Street Transportation projects. Responsibilities also included the functions of Floodplain Management, Utility Coordination, Utility Inspection, and Street Lighting. Finally, the transference of the City Engineer functions to the Street Transportation Department in May of 2011 added citywide Procurement Services, Labor Compliance, and Small Business Enterprise management to the division for oversight responsibility. Major Projects / Downtown Team Leader for the Development Services Department - City of Phoenix, AZ. During four plus years with the Development Services Department, Mr. Silsby worked on over 1,000 development projects ranging in use and size from a new local restaurant to the $1 billion Cityscape downtown redevelopment project. For two years, he led the Downtown Development Team through review and approval of high-profile projects such as the Arizona State University (ASU) Walter Cronkite School of Journalism / KAET Channel 8 Studios, the ASU Capstone Student Housing Project, the Historic Luhrs Complex rehabilitation, and the PetSmart Headquarters home office expansion. Division Head / Transportation Engineer for the Transportation & Parking Office - City of Lansing, MI. Responsibilities included project oversight, regional coordination of transportation projects, providing reports and presentations to the Mayor, City Council members, citizen boards, and the public. Highlights encompassed several major projects including the construction closure of a cross town freeway through the heart of the City, a two-way street conversion study effecting the traffic patterns of several downtown streets, and the Capitol Loop project that reconstructed many of the downtown streets surrounding the State Capitol building and impacting the City’s most recognized business core. Education & Credentials Mr. Silsby holds a master’s degree and bachelor’s degree in civil engineering from Michigan State University. He is also a registered Professional Engineer in the states of Arizona and Michigan. Finally, he is a two-term member of the American Public Works Association Government Affairs National Committee. Page 8 of 8 EXHIBIT “D” Strategic Support Services Proposal for SGR Trash Mitigation Initiative SUBCONSULTANT – OUTLINE OF PROPOSED SCOPE OF SERVICES Provided by Aztec Engineering Group, Inc. – See attached. AZTEC Engineering Group, Inc. 30 Executive Park, Suite 120 Irvine, CA 92614 January 8, 2024 Shane Silsby, CEO & Founder Silsby Strategic Advisers Newport Beach, CA RE: Scope/Cost Estimate for San Gabriel River Trash Recovery Initiative Silsby Strategic Advisers Shane: Per your request, AZTEC is pleased to submit this scope of services and cost estimate to provide scope definition, potential project planning and feasibility cost estimates, and overall support to prepare the San Gabriel River Trash Recovery Initiative Program RFQ. Please refer to the scope and cost estimate attached for reference and added detail. The total cost estimate is $49,770. We appreciate the opportunity to work with Silsby Strategic Advisors (SSA) on this important program to improve the quality of life for the residents of the City of Seal Beach. Should you have any questions, please call me at (714) 315-2247 or email me at mamling@aztec.us. Sincerely, Michael Amling Senior Vice President AZTEC Engineering Group, Inc. cc: Michael Shirley, AZTEC Scott McKenzie, AZTEC 2 AZTEC Engineering Group, Inc. 30 Executive Park, Suite 120 Irvine, CA 92614 AZTEC SCOPE OF SERVICES Silsby Strategic Advisers San Gabriel River Trash Recovery Initiative 1.Task Understanding Develop and refine the scope of work, associated exhibits, and deliverables to inform the pending Request for Proposals or Direct Selection of a professional consulting firm to provide services to complete the Feasibility / Alternatives Study phase and potential Final Design to address trash recovery concerns impacting the San Gabriel River and its outlet to the Pacific Ocean between Alamitos Bay and the beaches of the City of Seal Beach. 2.Assumptions •Up to 4 meetings (SSA, City of Seal Beach, Working Group, Interested Stakeholders) •The Development of the RFP Scope, necessary meetings, and overall coordination for this phase will not exceed 6 months. •If SSA determines the need for support during the procurement phase of this RFQ process to review and evaluate respondents’ submittals, AZTEC will request a scope and cost amendment. 3.Scope of Work Draft and Final RFP Scope of Work •Research and work with Stakeholders to further define the overall project, program and objectives as required. Meeting assumptions provided below. •Draft and Final RFP/Scope of Work elements may include:o A discussion on criteria/goals to show intentions of the program (e.g. reduce trash output by 50%, etc.)o Research any existing debris/trash programs locally, regionally, nationally, or internationally that address similar concerns (e.g. City of LA BOE – LA River Program)o Requests for reaching out to industry or academia using questionnaires, webinars, or workshops.o Requests to ID point source of debris and possible mitigation ideas at point source locationsoRequests to identify other critical issues to be considered including environmental constraints.o Requests to conduct at least the following meetings with stakeholders at the following stages of the project- kick-off, draft alternatives, selection of preferred alternatives, preliminary design, environmental compliance, final design, and construction.o Instructions to develop a reasonable range of alternatives (a minimum of 3)o Requests to conduct an alternatives evaluation using criteria and goals to screen options in coordination with Stakeholders. Alternative evaluation should include some level of cost/benefit analysis.o Identification of potential funding sources (may include local, state, federal or other grant opportunities)o Performing geographic location analyses (GIS and Point Source Analysis) along the San Gabriel River / Coyote Creek reaches to determine trash volume / percentage, and possible sources. This data could then be used to determine possible impacts sourced from upstream locations and geographies. Meetings, Coordination and Project Management Meetings for the development of the RFP Scope of Work are anticipated to include a RFP Kick-Off Meeting, a meeting once the Draft RFP Scope is prepared, a meeting to discuss/refine the Draft RFP Scope (Comment Resolution Meeting), and a final meeting once the Final RFP Scope is prepared. LABOR HOURS WORKSHEET Prepared For: Silsby Strategic Advisers Work Description: RFP Prep Support Project Name: San Gabriel River Trash Mitigation Initiative Contract/PO Number: TBD Project Number: TBD AZTEC Project Number: TBD Env PrincipalSr Env Manager/Coordinator IIISr Specialist IIISr Env Planner/Technical Specialist IIEnv Planner/Technical Specialist IISr Landscape Architect (PLA)Landscape Designer/CADDGIS and Data Program ManagerGIS Staff II Billable Rate $435.00 $345.00 $315.00 $225.00 $135.00 $270.00 $150.00 $270.00 $165.00 RFP Scope of Work Site Visit, Research- Industry Technology 2 2 2 2 8 $ 2,460.00 Develop Draft RFP Scope of Work 2 16 16 8 8 4 8 62 $ 17,550.00 Develop Draft RFP Scope Exhibits 4 8 4 16 $ 3,420.00 Refine/Final Draft RFP Scope and Exhibits 2 2 8 8 8 28 $ 8,040.00 Develop Estimated Professional Service Costs 2 2 8 8 20 $ 5,880.00 Subtotal Hours 8 22 34 24 10 4 4 24 4 Subtotal Cost $ 3,480.00 $ 7,590.00 $ 10,710.00 $ 5,400.00 $ 1,350.00 $ 1,080.00 $ 600.00 $ 6,480.00 $ 660.00 Stakeholder Meetings/Coordination RFP Kick-Off Meeting 2 2 4 8 $ 2,100.00 Draft RFP Scope and Exhibit Meeting 2 2 4 8 $ 2,100.00 Refine/Comment Resolution Meeting 2 2 4 8 $ 2,100.00 Final RFP Scope and Exhibit Meeting 2 2 4 8 $ 2,100.00 Coordination/Management 8 4 12 $ 4,020.00 Subtotal Hours 16 8 0 0 20 0 0 0 0 Subtotal Cost $ 6,960.00 $ 2,760.00 $ - $ - $ 2,700.00 $ - $ - $ - $ - Total Labor Hours 24 30 34 24 30 4 4 24 4 Total Labor Cost $ 10,440.00 $ 10,350.00 $ 10,710.00 $ 5,400.00 $ 4,050.00 $ 1,080.00 $ 600.00 $ 6,480.00 $ 660.00 Subtotal Hours Subtotal Cost 134 $ 37,350.00 178 $ 49,770.00 44 $ 12,420.00 2/9/2024 @ 7:30 AM EXHIBIT B AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF SEAL BEACH FOR DISTRICT DISCRETIONARY FUNDING Page 1 of 5 AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF SEAL BEACH FOR DISTRICT DISCRETIONARY FUNDING This Agreement (the “Agreement”) is made and entered into by and between the County of Orange, a political subdivision of the State of California, hereinafter referred to as “County,” and the City of Seal Beach, a California municipal corporation, as “Grantee,” with the County and Grantee referred to as “Party,” or collectively as “Parties.” Recitals On February 27, 2024, the Board of Supervisors approved the use of First District discretionary funds under Government Code section 26227 for Grantee’s San Gabriel River Trash Mitigation Initiative; The Board of Supervisors authorized the use of district discretionary funds for programs providing healthcare, housing assistance, workforce development, education, childcare, infrastructure projects and equipment, and meal gap programs; benefit monies to local governments including school districts, and/or non-profits; programs aiding veterans and residents experiencing or at risk of homelessness; and economic support, including arts-related small businesses and non-profit organizations that support local programs around the County; Grantee is partnering with stakeholders in providing San Gabriel River Trash Mitigation Initiative; To assist Grantee in its effort to support its San Gabriel River Trash Mitigation Initiative, the Parties have agreed that the County will transfer the Grant Amount described herein to Grantee. Accordingly, the Parties mutually agree as follows: 1. TERM OF AGREEMENT. The term of this Agreement begins on the date when fully executed by the Parties, and terminates on December 31, 2024, or when all the Parties’ obligations under this Agreement are fully satisfied, whichever occurs earlier. 2. PAYMENT AND USE OF GRANT AMOUNT. a. The County will issue a one-time contribution to the Grantee of $525,000 (“Grant Amount”) within 10 business days of the full execution of this Agreement. It is understood that the County makes no commitment to fund this Agreement beyond the terms set forth herein. b. All of Grantee’s expenditures of the Grant Amount must be for costs associated with the San Gabriel River Trash Mitigation Initiative’s Page 2 of 5 feasibility/alternative recommendations study, beach clean-up of trash, and beach raking operations in 2024. c. Grantee must utilize the Grant Amount in accordance with all applicable Federal, State, and local laws and regulations, including labor, wages, hours, and other conditions of employment. Grantee must comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement. d. None of the funds, materials, property, or services provided directly or indirectly under this Agreement may be used for any political activity, or to further the election or defeat of any candidate for public office. Funds provided under this Agreement may not be used for any purpose designed to support or defeat any pending legislation or administrative regulation. None of the funds provided under this Agreement may be used for inherently religious activities such as worship, religious instruction, or proselytization. 3. COMPLIANCE WITH GRANT REQUIREMENTS. The Grant Amount must be used solely for the purposes identified in Paragraph 2 of this Agreement. Grantee shall immediately return to the County any funds Grantee has used in a manner that is inconsistent with Paragraph 2 of this Agreement. Grantee shall return to the County by July 31, 2026, any funds Grantee has not used by June 30, 2026. The provisions of this paragraph shall survive termination of this Agreement. 4. CERTIFICATION. Grantee hereby certifies that the following statements and responses are true: a. The Grantee is an organization whose mission includes serving the Orange County community in healthcare, housing assistance, workforce development, education, arts, childcare, infrastructure projects, or meal gap programs. b. The Grantee will use the Grant Amount for eligible expenses as described in Paragraph 2 above. 5. RECORDS MAINTENANCE. Grantee shall maintain records in their original form in accordance with requirements prescribed by the County with respect to all matters specified in this Agreement. Original forms are to be maintained on file for all documents specified in this Agreement. Such records must be retained for a period of four years after termination of this Agreement and after final disposition of all pending matters. “Pending matters” include, but are not limited to, an audit, litigation or other actions involving records. Records, in their original form pertaining to matters covered by this Agreement, must be retained within Orange County unless the County authorizes in writing their removal from Orange County. Page 3 of 5 6. RECORDS INSPECTION. At any time during normal business hours and as often the County may deem necessary, Grantee must make available for examination all its records with respect to all matters covered by this Agreement. The County has the authority to audit, examine and make excerpts or transcripts from records, including all Grantee's invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Grantee agrees to provide any reports requested by the County regarding performance of this Agreement. With respect to inspection of Grantee’s records, the County may require that Grantee provide supporting documentation to substantiate Grantee’s expenses with respect to the Grantee’s use or expenditure of monies provided by the County to the Grantee under this Agreement. 7. FINAL REPORT. Upon the earlier of Grantee’s use of the entirety of the Grant Amount or June 30, 2026, Grantee shall provide a report to the County that shall identify the expenses paid from the Grant Amount. The Grantee shall provide a certification signed by its Program Director or designee that the statements contained in the report are true and that the expenditures described in the report comply with the uses permitted under Paragraph 2. Grantee shall maintain supporting documentation for the report consistent with the requirements of Paragraph 5. 8. INDEPENDENT CONTRACTOR. The Grantee shall be considered an independent contractor and neither the Grantee, its employees, nor anyone working under the Grantee shall be considered an agent or an employee of County. Neither the Grantee, its employees, nor anyone working under the Grantee shall qualify for workers’ compensation or other fringe benefits of any kind through County. 9. PERMITS, LICENSES, APPROVALS, AND LEGAL OBLIGATIONS. Grantee shall be responsible for obtaining all permits, licenses, and approvals required for performing any work under this Agreement. Grantee shall be responsible for observing and complying with any applicable Federal, State, or local laws, or rules or regulations affecting any such work. Grantee shall provide copies of permits and approvals to the County upon request. 10. CONFLICT OF INTEREST. The Grantee shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the County. This obligation shall apply to the Grantee, the Grantee’s employees, agents, and subcontractors. The Grantee’s efforts shall include, but not be limited to establishing precautions to prevent its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence County staff or elected officers from acting in the best interests of the County. Page 4 of 5 11. INDEMNITY. The Grantee shall indemnify, defend with counsel approved in writing by County, and hold County, its elected and appointed officials, officers, employees and agents and those special districts and agencies which County’s Board of Supervisors acts as the governing Board harmless from any claims, demands, or liability of any kind or nature, including personal injury or property damage, arising from or related to the Grantee’s receipt or use of the Grant Amount under this Agreement. The provisions of this paragraph shall survive the termination of this Agreement. 13. TERMINATION. In addition to any other remedies or rights it may have by law, County has the right to immediately terminate this Agreement 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 Grantee. Exercise by County of its right to terminate the Agreement shall relieve County of all further obligation. 14. NOTICES. All notices, requests, demands and other communications contemplated, called for, permitted, or required to be given hereunder shall be in writing. 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 calendar days after being mailed by US certified or registered mail, return receipt requested, postage prepaid, whichever occurs first. The date of mailing shall 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. Grantee: Jill R. Ingram, City Manager jingram@sealbeachca.gov 211 Eighth Street Seal Beach, CA 90740 (562) 431-2527 County: Oana Cosma, County Budget & Finance Office 400 W. Civic Center Dr., 5th Floor Santa Ana, CA 92701-4062 Oana.Cosma@ocgov.com (714) 834-7410 15. DEFAULTS. Should either Party fail for any reason to comply with the contractual obligations of this Agreement within the time specified by this Agreement, the non-breaching Party reserves the right to terminate the Agreement. Page 5 of 5 16. ATTORNEY FEES. In any action or proceeding to enforce or interpret any provision of this Agreement, each Party shall bear its own attorney’s fees, costs, and expenses. 17. ENTIRE CONTRACT: This Agreement contains the entire contract between the Parties with respect to the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth herein or referred to herein. No exceptions, alternatives, substitutes, or revisions are valid or binding on the parties unless authorized by the Parties in writing. 18. AMENDMENTS. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties; no oral understanding or agreement not incorporated herein shall be binding on either of the Parties; and no exceptions, alternatives, substitutes, or revisions are valid or binding on County unless authorized by County in writing. 19. SIGNATURES. Separate copies of this Agreement may be signed by each of the Parties, and this Agreement will have the same force and effect as if the original had been signed by all the Parties. An electronic signature or electronic record of this Agreement or any amendment thereto shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement or any amendment thereto. The Parties have executed this Agreement on the day and year dated below. BY: DATED: Jill R. Ingram, City Manager City of Seal Beach BY: DATED: Christine Gardea, Deputy Purchasing Agent County Procurement Office County of Orange, California APPROVED AS TO FORM: Office of the County Counsel County of Orange, California BY:____________________________ Chief Assistant DATED:________________________ EXHIBIT C TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those Services that are “public works”, Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Consultant’s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement. 6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. 7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. 8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. Consultant shall not perform work with any subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City. 10. Consultant acknowledges that eight hours labor constitutes a legal day’s work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” 12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant’s expense with counsel reasonably acceptable to City) City, its elected and appointed officials, officers, employees, agents, servants, those City agents serving as independent contractors in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees, agents and servants) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement. Agenda Item K AGENDA STAFF REPORT DATE:March 25, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Ratifying the Declaration of Emergency, Approval of Emergency First Street Parking Lot Repair and Dispensing with Public Bidding Requirements, Approval of Emergency First Street Parking Lot Geotechnical Evaluation, Approval of Notice of Completion, and Authorization to Approve Payments for the Emergency First Street Parking Lot Repair and Geotechnical Evaluation ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7502: 1. Declaring that the Emergency First Street Parking Lot Repair, CIP EM2403, was necessary for the immediate preservation of life, health and property of the City, and therefore ratifying the declaration by the Public Works Director that the Emergency First Street Parking Lot Repair, CIP EM2403, was of urgent necessity for the immediate preservation of life, health and property; and, 2. Authorizing the City Manager to execute a purchase order with Hardy & Harper, Inc. for the Emergency First Street Parking Lot Repair, CIP EM2403, in the amount of $49,535 under an existing on-call agreement with Hardy & Harper, Inc. without advertising for bids; and, 3. Accepting the work to the Emergency First Street Parking Lot Repair, CIP EM2403, by Hardy and Harper, Inc. in the amount of $49,535; and, 4. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within 15 days of the date of approval of the resolution and to release retention 35 days after the recordation of the Notice of Completion contingent upon no claims being filed on the Project; and, 5. Authorizing the City Manager to execute a purchase order with GMU Geotechnical, Inc. for the Emergency First Street Parking Lot Geotechnical Page 2 1 7 5 3 Evaluation in connection the Emergency First Street Parking Lot Repair, CIP EM2403, in the amount of $15,600; and, 6. Approving Budget Amendment BA #24-09-02 in the amount of $66,000. BACKGROUND AND ANALYSIS: In late December 2023, the City experienced an extended period of substantial downpours and heavy surf that led to flooding at the First Street parking lot. After the water subsided, Public Works discovered a sinkhole that formed at the southwest portion of the parking lot. Engineering staff responded to investigate the void and surrounding area. Due to the location of the sinkhole, it was determined that immediate repairs were required to ensure public safety and preserve City property. The Director of Public Works declared an emergency on the basis of immediate preservation of life, health, and property of the City. Staff mobilized Hardy & Harper, Inc. (“Hardy & Harper”), one of the City’s existing on-call contractors, for this emergency work. Repair work commenced on January 4, 2024 and was completed in approximately one (1) week due to delays caused by underlying soil saturation. Construction included removing the damaged pavement, backfilling the void, surface paving, curb work, and striping. A comprehensive geotechnical evaluation was subsequently conducted by GMU Geotechnical, Inc. (“GMU”) to determine the potential for other subsurface voids. Numerous passes of ground penetrating radar (“GPR”) tests were performed throughout the 1st Street parking lot in a systematic six-foot wide continuous scanning pattern. Based on GMU’s analysis and interpretation of the data gathered, no apparent substantial voids were identified within the upper 10.0 feet; however, it is possible that voids may exist in between, away, or under the specific scanned locations that could contribute to future unforeseen settlement. Hardy & Harper’s total cost to complete this emergency repair work was $49,535; therefore, staff is requesting authorization to issue a purchase order in the amount of $49,535 for the work completed based on the emergency declaration as an exception to the competitive bidding process. Staff is also requesting authorization to issue a purchase order in the amount of $15,600 for GMU’s emergency geotechnical evaluation. 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) of the CEQA Guidelines. Page 3 1 7 5 3 LEGAL ANALYSIS: The City Attorney has approved the resolution as to form. FINANCIAL IMPACT: Budget Amendment BA #24-09-02 will allocate $66,000 from the General Fund Reserve increasing the Capital Improvement Projects Fund. The table below presents a breakdown of the Project’s construction cost: Description Amount Construction/Repair Work $ 49,535 Geotechnical Evaluation $ 15,600 Total $ 65,135 STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7502: 1. Declaring that the Emergency First Street Parking Lot Repair, CIP EM2403, was necessary for the immediate preservation of life, health and property of the City, and therefore ratifying the declaration by the Public Works Director that the Emergency First Street Parking Lot Repair, CIP EM2403, was of urgent necessity for the immediate preservation of life, health and property; and, 2. Authorizing the City Manager to execute a purchase order with Hardy & Harper, Inc. for the Emergency First Street Parking Lot Repair, CIP EM2403, in the amount of $49,535 under an existing on-call agreement with Hardy & Harper, Inc. without advertising for bids; and, 3. Accepting the work to the Emergency First Street Parking Lot Repair, CIP EM2403, by Hardy and Harper, Inc. in the amount of $49,535; and, Page 4 1 7 5 3 4. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within 15 days of the date of approval of the resolution and to release retention 35 days after the recordation of the Notice of Completion contingent upon no claims being filed on the Project; and, 5. Authorizing the City Manager to execute a purchase order with GMU Geotechnical, Inc. for the Emergency First Street Parking Lot Geotechnical Evaluation in connection the Emergency First Street Parking Lot Repair, CIP EM2403, in the amount of $15,600; and, 6. Approving Budget Amendment BA #24-09-02 in the amount of $66,000. SUBMITTED BY: NOTED AND APPROVED: Iris Lee Jill R. Ingram Iris Lee, Director of Public Works Jill R. Ingram, City Manager Prepared by: Sean Sabo, Management Analyst ATTACHMENTS: A. Resolution 7502 B. Notice of Completion C. Hardy & Harper Construction, Inc. Invoice D. GMU Geotechnical, Inc. Proposal RESOLUTION 7502 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL RATIFYING THE DECLARATION OF AN EMERGENCY AND DISPENSING WITH PUBLIC BIDDING FOR EMERGENCY FIRST STREET PARKING LOT REPAIR (CIP EM2403) ON THE BASIS THAT THE WORK WAS OF URGENT NECESSITY, RATIFYING AND AUTHORIZING THE CITY MANAGER TO EXECUTE PURCHASE ORDERS WITH HARDY & HARPER, INC. AND GMU GEOTECHNICAL, INC., ACCEPTING COMPLETION OF WORK AND DIRECTING THE FILING OF A NOTICE OF COMPLETION FOR THE PROJECT, AND APPROVING BUDGET AMENDMENT BA #24-09-02 TO ALLOCATE $66,000 WHEREAS, on April 12, 2021, the City of Seal Beach (“City”) entered into a Professional Maintenance Agreement with Hardy & Harper, Inc. (“Hardy & Harper”) for on-call emergency and unexpected task asphalt maintenance and repair services for a total not-to-exceed amount of $450,000 for the original three-year term; and, WHEREAS, on December 30, 2023, a sinkhole formed at the First Street parking lot requiring immediate repair; and, WHEREAS, the Director of Public Works determined that as a result of the unexpected void, there was an imminent need for the City to repair the sinkhole to ensure the safety of the public and preserve City property, and the Director of Public Works thereupon declared an emergency finding that the repair of the sinkhole was of urgent necessity for the preservation of life, health and property, and that there would not be sufficient time for public bidding in order to carry out the work, and authorized the emergency repair to be performed by Hardy & Harper, and authorized the emergency geotechnical evaluation to be performed by GMU Geotechnical, Inc. (“GMU”); and, WHEREAS, the City’s Charter Sections 107 and 1010 authorize the City to dispense with public bidding as necessary for the preservation of life, health or property. THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE, FIND AND DETERMINE AS FOLLOWS: SECTION 1. Based on the recitals set forth above, all of which are incorporated herein by this reference as through set forth in full, the City Council the City Council hereby declares that the Emergency First Street Parking Lot Repair, CIP EM2403, was necessary for the immediate preservation of life, health and property of the City, and the City Council therefore ratifies the declaration by the Director of Public 8 8 5 0 Works that the Emergency First Street Parking Lot Repair, CIP EM2403, was of urgent necessity for the immediate preservation of life, health and property. SECTION 2. The City Council hereby authorizes the City Manager to execute a purchase order contract with Hardy & Harper for the Emergency First Street Parking Lot Repair, CIP EM2403, under an existing on-call agreement, without advertising for bids, in accordance with the Hardy & Harper invoice dated February 21, 2024, for a total amount not-to-exceed $49,535. SECTION 3. The City Council hereby authorizes the City Manager to execute a purchase order contract with GMU in accordance with the GMU proposal dated January 25, 2024, for the total amount not-to-exceed $15,600. SECTION 4. The City accepts the completion of the Emergency First Street Parking Lot Repair, CIP EM2403, by Hardy & Harper in the amount of $49,535 for the work performed. SECTION 5. The City Clerk is hereby directed to file a “Notice of Completion” for the Emergency First Street Parking Lot Repair, CIP EM2403, with the Orange County Clerk-Recorder within 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. SECTION 6. The City Council hereby approves Budget Amendment BA #24-09- 02 allocating $66,000 to account number 301-500-0333-55000: SECTION 7. The City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 25th day of March, 2024 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members 8 8 5 0 Schelly Sustarsic, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7502 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 25th day of March 2024. 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 Sections 6103 and 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 January 15, 2024. The work was Emergency First Street Parking Lot Repair, CIP EM2403. 6. The name of the contractor(s), if any, for such improvement was: Hardy & Harper, Inc. The date of the Contract Award was April 12, 2021. 7. The property on which said work of improvement was completed in the City of Seal Beach, County of Orange, State of California, and is described as follows: First Street Parking Lot, Seal Beach, CA. Date: _______________ _________________________________________ Iris Lee, Director of Public Works 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 _____________________, 2024, at Seal Beach, California. (Date of Signature) _________________________________________ Iris Lee Director of Public Works, City of Seal Beach Contract Invoice 50114R PROJECT Billed To: Invoice Total: Retention: Amount Paid: Amount Due Due Date: Terms: Contract / PO# 03/17/2024 0.00 0.00 49,535.00 30DY 02/01/2024 INVOICE DATE JOB # 23936 49,535.00 Description Amount PAY APP #1 SEE ATTACHED SCHEDULE OF VALUES 49,535.00 Notes: FIRST STREET & OCEAN AVENUE VL: 15 1ST ST SEAL BEACH CA 90740 CITY OF SEAL BEACH 211-8TH STREET SEAL BEACH CA 90740 Public Contract Code 20104.5. Prompt Payment By Local Governments To Contractors Upon receipt of this payment request, each local agency shall act in accordance with the following; Any payment request determined not to be a proper payment request suitable for payment shall be returned to the contractor no later than seven days, after receipt. A request returned shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper. Any local agency which fails to make any progress payment within 30 days after receipt of an undisputed payment request from a contractor on a construction contract shall pay interest to the contractor equivalent to the legal rate set forth in subdivision(a) of Section 685.010 of the Code of Civil Procedure and the interest shall accrue at 10%(0.833%/month). Within 60 days after the date of completion of the work improvement, the retention witheld by the public entity shall be released. In the event that retention payments are not made within the time periods required by this section, the public entity shall be subject to a charge of 2% per month on the improperly witheld amount. Hardy and Harper, Inc.ENGINEERING CONTRACTORS 32 Rancho Circle, Lake Forest, CA 92630 STATE LICENSE #215952 Office (714) 444-1851 Fax (714) 444-2801 City of Seal Beach DATE 21-Feb-24 EMERGENCY SINKHOLE REPLACEMENT PROGRESS 1 Locations Listed Below INVOICE 50114R JOB LOCATION Seal Beach CONTACT JOB NUMBER 23936 Scott Smith Interim Deputy Director of Public Works ssmith@sealbeachca.gov ITEM NUMBER DESCRIPTION CONTRACT QUANTITY UNIT MEASURE QUANTITY OR % PREVIOUS QUANTITY OR % THIS ESTIMATE UNIT PRICE AMOUNT THIS ESTIMATE TOTAL QUANTITY OR % TO DATE TOTAL AMOUNT TO DATE Bid Proposal 1 Sinkhole Material Removal and 5' Slurry Fill 1 LS 1.00 23,690.00$ 23,690.00$ 1.00 23,690.00$ 2 Place Base 2' and Asphalt 5"1 LS 1.00 17,455.00$ 17,455.00$ 1.00 17,455.00$ 3 Remove and Replace Concrete 50 LF Curb 1 LS 1.00 8,390.00$ 8,390.00$ 1.00 8,390.00$ SUB-TOTALPG1 49,535.00$ 49,535.00$ LESS RETENTION LESS BILLING(S)-$ TOTAL AMOUNT DUE 49,535.00$ 49,535.00$ INVOICE BEACH HOUSE SINKHOLE EMERGENCY REPAIR Agenda Item L AGENDA STAFF REPORT DATE:March 25, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Acceptance of Tree Donation from Trees for Seal Beach ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7503: 1. Accepting a donation from Trees for Seal Beach of thirty-three (33) trees, valued at $12,425, for City-wide tree reforestation; and, 2. Authorizing the City Manager, or her designee, to accept thirty-three (33) trees from Trees for Seal Beach, and to direct the City Arborist to install the trees at appropriate locations throughout the City. BACKGROUND AND ANALYSIS: The City has a history of valuing its urban forestry and investing in asset maintenance. As labor and material costs have increased, the ability to fund and reforest the City has decreased. Exploring diverse fundraising strategies and partnerships with non-profits and environmental organizations have proven beneficial to the City urban forest. As a community enhancement, Trees for Seal Beach has offered to donate thirty- three (33) trees with an estimated value of $12,425. If the City Council accepts the donation, the City Arborist would have the discretion to install these trees at appropriate locations throughout the City. ENVIRONMENTAL IMPACT: This item is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15301(h) (Existing Facilities) of the state CEQA Guidelines because it would involve maintenance of existing trees involving no expansion of use. Page 2 1 7 5 4 LEGAL ANALYSIS: The City Attorney has approved the resolution as to form. FINANCIAL IMPACT: The donation of thirty-three (33) trees, valued at $12,425, would be installed by City staff and would be part of the existing tree maintenance services contract. No additional City costs are anticipated. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7503: 1. Accepting a donation from Trees for Seal Beach of thirty-three (33) trees, valued at $12,425, for City-wide tree reforestation; and, 2. Authorizing the City Manager, or her designee, to accept thirty-three (33) trees from Trees for Seal Beach, and to direct the City Arborist to install the trees at appropriate locations throughout the City. SUBMITTED BY: NOTED AND APPROVED: Iris Lee Jill R. Ingram Iris Lee, Director of Public Works Jill R. Ingram, City Manager Prepared by: Joseph Talarico, City Arborist ATTACHMENTS: A. Resolution 7503 RESOLUTION 7503 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ACCEPTING A DONATION FROM TREES FOR SEAL BEACH FOR CITY-WIDE REFORESTATION WHEREAS, the City and its citizens recognizes the importance of urban forestry; and, WHEREAS, from time to time, non-profit and environmental organizations desire to assist in the City’s urban forestry efforts; and, WHEREAS, Trees for Seal Beach desires to donate thirty-three (33) trees, valued at $12,245, to the City for use of public enhancement. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The foregoing recitals are true and correct and are incorporated herein by this reference as though set forth in full. Section 2. Pursuant to Government Code Sections 37354 and 37355, the City may accept the donation of trees and put the trees to such public uses as the City Council prescribes. Section 3. The City Council hereby accepts the donation of thirty-three (33) trees, valued at $12,245, from Trees for Seal Beach. Section 4. The City Council hereby authorizes the City Manager, or her designee, to accept thirty-tree (33) donated trees from Trees of Seal beach, and to direct the City Arborist to install the trees at appropriate locations throughout the City. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 25th day of March 2024 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members 8 8 5 4 Schelly Sustarsic, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } 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 7503 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 25th day of March 2024. Gloria D. Harper, City Clerk Agenda Item M AGENDA STAFF REPORT DATE:March 25, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Awarding and Authorizing Execution of a Public Works Agreement with HZS Engineering Inc. dba HZS Construction, for the Pier Concrete Abutment Restoration, CIP BP2201 ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7504: 1. Approving the plans, specifications, and contract documents for the Pier Concrete Abutment Restoration Project, CIP BP2201; and, 2. Approving and awarding a Public Works Agreement to HZS Engineering Inc. dba HZS Construction in the amount of $567,300; incorporating the corrections set forth in HZS Construction’s March 19, 2024 letter; waiving any and all minor bid irregularities; and rejecting all other bids; and, 3. Authorizing the City Manager to execute a Public Works Agreement for construction services to HZS Engineering Inc. dba HZS Construction; and 4. Authorizing the City Manager to approve additional work requests up to $19,766 and inspection services up to $11,200 in connection with the Project, in the cumulative not-to-exceed amount of $30,966. BACKGROUND AND ANALYSIS: The Seal Beach Pier (“Pier”) was first constructed in the early 1900s and rebuilt in 1984. In 2016, a fire caused significant damage towards the latter portion of the Pier. Although this section was reconstructed in 2020, there are still areas outside of the Pier reconstruction that require repair and upgrade. Based on the Pier evaluation results in 2021, the Pier Concrete Abutment Restoration Project (“Project”) was included in the Fiscal Year 2023-24 Capital Improvement Program budget. Page 2 1 7 1 9 Pier Concrete Abutment Restoration Project (CIP BP2201) The Pier concrete abutment structure is the main point at which residents and visitors access the Pier and surrounding beach and park areas. The abutment area is showing wear and deterioration, and these conditions need to be addressed if the structure is to remain a viable component of the City’s identity. The Project will address the main areas of concern such as cracking and spalling concrete, deterioration of exposed steel elements, and worn surfaces caused by the corrosive marine environment. On September 27, 2023, the City advertised and solicited bids for the Project. On October 26, 2023, the City Clerk’s office received five (5) bids. As the Project requires specialty work relating to waterproofing and weatherproofing of the concrete abutment structures, staff recommended rejection of all bids in order to modify the contract specifications and refine the licensing requirements to clearly define the qualification expectations. These changes were to ensure that the lowest responsive contractor would possess the expertise and experience required to fulfill the unique Project demands. On December 11, 2023, City Council approved Resolution 7466 rejecting all bids in accordance with Section 1010 of the Seal Beach Charter, which provides that the legislative body may reject any bids presented and readvertise at its discretion. On January 24, 2024, construction bids were re-solicited. On February 15, 2024, the City Clerk’s office received two (2) bids with the following results: Rank Contractor Total Base Bid* Lowest HZS Construction $567,300 2 Jilk Heavy Construction Inc.$775,610 After reviewing the bid, a clerical error was discovered in HZS Construction’s Bid in that the written Total Base Bid Price was written as $565,300 but the numerical figure for the Total Base Bid Price was $567,300 and all extended prices listed in the individual bid items total $567,300. On March 19, 2024, HZS Construction submitted a letter advising the City that their Bid contained a clerical error in the written Total Base Bid Price and that their Total Base Bid Price of $567,300 is correct. The Total Base Bid Price of $567,300 is within 1.4% of the Engineer’s estimate for the Project. Based on the City’s detailed bid analysis, including review of the Notice Inviting Bids and Instructions to Bidders, HZS Construction’s Bid and their March 19, 2024 letter, it is Staff’s recommendation that the City Council find there are no material errors or omissions that render HZS Construction’s bid non-responsive. Any irregularity or informality of the Bid may be waived if it does not: a) affect the amount of HZS Construction’s Bid; (b) give HZS Construction an advantage over other bidders; (c) create a potential vehicle for favoritism; (d) influence potential Page 3 1 7 1 9 bidders to refrain from bidding; or (e) affect the ability to make bid comparisons. Because none of these factors are present, the City Council may find that it is in the best interest of the City to accept HZS Construction’s bid as the lowest responsive bid at $567,300 for the Total Base Bid for the Project, incorporating the correction to the clerical error identified in HZS Construction’s March 19, 2024 letter; to waive any potential irregularities or informalities in HZS Construction’s bid; and to reject all other bids. Staff also recommends authorizing the City Manager to approve additional work requests up to $19,766 and inspection services up to $11,200 in connection with the Project, in the cumulative not-to- exceed amount of $30,966 ENVIRONMENTAL IMPACT: The Project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301(b) of the CEQA Guidelines. LEGAL ANALYSIS: The City Attorney has reviewed the agreement and approved the agreement and resolution as to form. FINANCIAL IMPACT: Sufficient funds have been allocated in the FY 2023-2024 Capital Improvement Program budget for the Pier Concrete Abutment Restoration Project, CIP BP2201. No budget adjustments are recommended. The table below presents the estimated breakdown of the Project’s construction costs: Description Amount Total Base Bid $567,300 Contingency $ 19,766 Inspection/Construction Support $ 11,200 Total $598,266 STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7504: Page 4 1 7 1 9 1. Approving the plans, specifications, and contract documents for the Pier Concrete Abutment Restoration, CIP BP2201; and, 2. Approving and awarding a Public Works Agreement to HZS Engineering Inc. dba HZS Construction in the amount of $567,300; incorporating the corrections set forth in HZS Construction’s March 19, 2024 letter; waiving any and all minor bid irregularities; and rejecting all other bids; and, 3. Authorizing the City Manager to execute a Public Works Agreement for construction services to HZS Engineering Inc. dba HZS Construction; and 4. Authorizing the City Manager to approve additional work requests up to $19,766 and inspection services up to $11,200 in connection with the Project, in the cumulative not-to-exceed amount of $30,966. SUBMITTED BY: NOTED AND APPROVED: Iris Lee Jill R. Ingram Iris Lee, Director of Public Works Jill R. Ingram, City Manager Prepared by: William Luna, Assistant Engineer ATTACHMENTS: A. Resolution 7504 B. Public Works Agreement with HZS Construction C. HZS Construction Letter, dated March 19, 2024 RESOLUTION 7504 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC WORKS AGREEMENT WITH HZS ENGINEERING INC. DBA HZS CONSTRUCTION FOR THE PIER CONCRETE ABUTMENT RESTORATION PROJECT, CIP BP2201 WHEREAS, on September 27, 2023, the City issued a solicitation for bids for Pier Concrete Abutment Restoration Project, CIP BP2201 (“Project”); and, WHEREAS, on December 11, 2023, City Council approved Resolution 7466 which rejected all bids, per staff’s recommendation, in order to modify the contract specifications and refine the licensing requirements ensuring that the lowest responsive contractor would possess the expertise and experience required to fulfill the unique Project demands; and, WHEREAS, on January 24, 2024, the City issued a new solicitation for bids for the Project; and, WHEREAS, on February 15, 2024, the City Clerk’s office received two (2) bids in response to the solicitation for bids, and HZS Engineering Inc. dba HZS Construction submitted the apparent lowest responsible bid in the amount of $567,300; and, WHEREAS, after reviewing the Bid, a clerical error was found in HZS Construction’s Total Base Bid Price in that the written Total Base Bid Price was $565,300 but the numerical figure for the Total Base Bid Price was $567,300, all extended prices in listed in the individual bid items total $567,300; HZS Construction submitted a March 19, 2024 letter explaining they made a clerical error in the written bid amount for the Total Base Bid Price and confirmed that their Total Base Bid Price of $567,300, as set forth in their Bid, is correct; and the Total Base Bid Price of $567,300 is within 1.4% of the Engineer's estimate; and, WHEREAS, based on the City’s detailed bid analysis, including review of the Notice Inviting Bids and Instructions to Bidders, the Bid submitted by HZS Construction and HZS Construction’s March 19, 2024 letter, the City Council finds there are no material errors or omissions that render HZS Construction’s Bid non- responsive; and that any irregularity or informality of the Bid may be waived if it does not: a) affect the amount of HZS Construction’s bid; (b) give HZS Construction an advantage over other bidders; (c) create a potential vehicle for favoritism; (d) influence potential bidders to refrain from bidding; or (e) affect the ability to make bid comparisons. Because none of these factors are present, the City Council finds that it is in the best interest of the City to accept HZS Construction’s Bid as the lowest responsive bid at $567,300 for the Total Base Bid Price for the Project, incorporating the correction to the clerical error identified in HZS Construction’s March 19, 2024 letter; to waive any potential irregularities or informalities in HZS Construction’s Bid; and to reject all other bids; and, 8 8 9 3 WHEREAS, upon reviewing the Notice Inviting Bids and Instructions to Bidders, the bids submitted for the work to be performed pursuant to the Agreement and the plans and specifications, the City Council finds that HZS Construction is a qualified contractor to perform the Project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: SECTION 1. The City Council hereby approves the plans, specifications, and contract documents for the Project. SECTION 2. Based on the recitals set forth above, the City Council hereby awards a public works agreement to HZS Engineering Inc. dba HZS Construction for the Project in a total not-to-exceed amount of $567,300; incorporates all the corrections to the clerical error set forth in HZS Construction’s March 19, 2024 letter; waives any and all minor bid irregularities; and rejects all other bids. SECTION 3. The City Council hereby authorizes and directs the City Manager to execute the public works agreement with HZS Engineering Inc. dba HZS Construction on behalf of the City. SECTION 4. The City Council hereby authorizes the City Manager to approve payments for additional work requests up to $19,766 and inspection services up to $11,200 in connection with the Project in the cumulative not-to-exceed amount of $30,966. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 25th day of March 2024 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Schelly Sustarsic, Mayor ATTEST: Gloria D. Harper, City Clerk 8 8 9 3 STATE OF CALIFORNIA } COUNTY OF ORANGE } 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 7504 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 25th day of March 2024. Gloria D. Harper, City Clerk RWDNKE!YQTMU!CITGGOGPV! RKGT!EQPETGVG!CDWVOGPV!TGUVQTCVKQP! !RTQLGEV!EKR!PQ/!DR3312! dgvyggp! ! Ekv{!qh!Ugcn!Dgcej! 322!.!9vj!Uvtggv! Ugcn!Dgcej-!EC!!;1851! ! ! ’! ! ! J\U!Gpikpggtkpi!Kpe!Fdc!J\U!Eqpuvtwevkqp! 2514!P!Dcvcxkc!Uv!$219-!! Qtcpig-!EC!;3978! );5;*!526.;667! ! ! ! ! ! VJKU!EQPVTCEV!)•Eqpvtcev–*!ku!ocfg!cu!qh!Octej!36-!3135-!d{!cpf!dgvyggp!vjg!Ekv{! qh!Ugcn!Dgcej-!c!Ecnkhqtpkc!ejctvgt!ekv{!)•Ekv{–*-!cpf!J\U!Gpikpggtkpi!Kpe/!Fdc!J\U! Eqpuvtwevkqp-!c!Ecnkhqtpkc!eqtrqtcvkqp!)•Eqpvtcevqt–*!)eqnngevkxgn{-!•vjg!rctvkgu–!cpf! kpfkxkfwcnn{-!c!•rctv{–*/! TGEKVCNU! C/! YJGTGCU-! vjg! Ekv{! Eqwpekn! qh! vjg! Ekv{! qh! Ugcn! Dgcej! )•Ekv{–*! crrtqxgf! vjg! rncpu! cpf! urgekhkecvkqpu! hqt! vjg! Rkgt! Eqpetgvg! Cdwvogpv! Tguvqtcvkqp! )EKR! DR3312*!)•Rtqlgev–*!ykvj!tgurgev!vq!fgukip!etkvgtkc-!cpf!dcugf!vjgtgqp!vjg!Ekv{! kuuwgf!c!Pqvkeg!Kpxkvkpi!Dkfu!fcvgf!Lcpwct{!35-!3135=!cpf! D/! YJGTGCU-!Eqpvtcevqt!uwdokvvgf!c!Dkf!vq!Ekv{!hqt!vjg!Rtqlgev!fcvgf!Hgdtwct{!26-! 3135! kp! vjg! coqwpv!qh! %678-411! )•Dkf–! jgtgkpchvgt*! kp! tgurqpug! vq! vjg! Pqvkeg! Kpxkvkpi!Dkfu=!cpf! E/! YJGTGCU-!Eqpvtcevqt! ku!c! Ecnkhqtpkc! nkegpugf! •C–! Eqpvtcevqt-! •D–!Eqpvtcevqt–! cpf!•E.9–!Eqpvtcevqt!)Uvcvg!Eqpvtcevqt(u!Nkegpug!$214;587-!FKT!$211163;958*=! cpf! F/! YJGTGCU-! rwtuwcpv! vq! vjg! cwvjqtkv{! rtqxkfgf! d{! kvu! Ekv{! Ejctvgt! cpf! Ugcn! Dgcej!Owpkekrcn!Eqfg-!Ekv{!fguktgu!vq!gpicig!Eqpvtcevqt!vq!ectt{!qwv!vjg!Rtqlgev! kp!vjg!ocppgt!ugv!hqtvj!jgtgkp!cpf!oqtg!hwnn{!fguetkdgf!kp!Ugevkqp!2/1/! PQY-! VJGTGHQTG-! kp! eqpukfgtcvkqp! qh! rgthqtocpeg! d{! vjg! rctvkgu! qh! vjg! owvwcn!rtqokugu-!eqxgpcpvu-!cpf!eqpfkvkqpu!jgtgkp!eqpvckpgf-!vjg!rctvkgu!jgtgvq!citgg! cu!hqnnqyu<! EQPVTCEV! ! 2/! ! Eqpvtcevqt”u!Ugtxkegu/! !! 2/2!! Ueqrg! cpf! Ngxgn! qh! Ugtxkegu/! ! Hqt! cpf! kp! eqpukfgtcvkqp! qh! vjg! owvwcn!rtqokugu!ugv!hqtvj!jgtgkp-!cpf!uwdlgev!vq!vjg!vgtou!cpf!eqpfkvkqpu!ugv!hqtvj!kp! vjku!Eqpvtcev-!Eqpvtcevqt!ujcnn!rgthqto!cpf!eqorngvg!kp!iqqf!cpf!yqtmocpnkmg!ocppgt! cnn! yqtm! )•Yqtm–*! hqt! vjg! Rtqlgev! kfgpvkhkgf! cu! Rkgt! Eqpetgvg! Cdwvogpv! Tguvqtcvkqp! Rtqlgev!)•Rtqlgev–*!cu!fguetkdgf!kp!vjku!Eqpvtcev!cpf!kp!vjg!Eqpvtcev!Fqewogpvu!nkuvgf!kp! Uwdugevkqp!2/3/! ! 2/3!! Eqpvtcev! Fqewogpvu/! ! Vjg! Eqpvtcev! Fqewogpvu! eqpukuv! qh! vjku! Eqpvtcev!cpf!cnn!vjg!hqnnqykpi<!!Pqvkeg!Kpxkvkpi!Dkfu-!Kpuvtwevkqpu!vq!Dkffgtu-!Ceegrvgf! Dkf! Rtqrqucn! cpf! Dkf! Ujggvu-! Pqvkhkecvkqp! qh! Cyctf-! Pqpeqnnwukqp! Fgenctcvkqp-! Fgukipcvkqp! qh!Uwdeqpvtcevqtu-!Okpkowo!Dkffgt!Swcnkhkecvkqpu-!Eqpvtcevqt”u!Kpfwuvtkcn! Uchgv{! Tgeqtf-!Eqpvtcevqt”u! Vgejpkecn!Cdknkv{!cpf!Gzrgtkgpeg!Tghgtgpegu-!Tguwogu-! Dkffgt!Swguvkqppcktg-!Dkf!Dqpf-!Hckvjhwn!Rgthqtocpeg!Dqpf-!Rc{ogpv!Dqpf!)Ncdqt!cpf! Ocvgtkcnu*-! rgtokvu! htqo! tgiwncvqt{! cigpekgu! ykvj! lwtkufkevkqp-! Urgekcn! Rtqxkukqpu-! Urgekhkecvkqpu-!Igpgtcn!Rtqxkukqpu-!Rncpu-!Uvcpfctf!Rncpu-!Tghgtgpeg!Fqewogpvu-!cpf! cp{!qvjgt!fqewogpvu!tghgtgpegf!vjgtgkp-!cnn!Cffgpfc!cu!rtgrctgf!rtkqt!vq!vjg!fcvg!qh! Dkf!qrgpkpi!ugvvkpi!hqtvj!cp{!oqfkhkecvkqpu!qt!kpvgtrtgvcvkqpu!qh!cp{!qh!uckf!fqewogpvu-! Ejcpig! Qtfgtu-! cpf! cp{! cpf! cnn! uwrrngogpvcn! citggogpvu! gzgewvgf! cogpfkpi! qt! 2 gzvgpfkpi!vjg!Yqtm!eqpvgorncvgf!cpf!vjcv!oc{!dg!tgswktgf!vq!eqorngvg!vjg!Yqtm!kp!c! uwduvcpvkcn!cpf!ceegrvcdng!ocppgt=!cpf!cnn!Gzjkdkvu!cvvcejgf!vq!vjku!Eqpvtcev/!!! ! ! 2/3/2! ! Kpeqtrqtcvkqp! d{! Tghgtgpeg/! Vjg! Gzjkdkvu! cvvcejgf! vq! vjku! Eqpvtcev! kpenwfg! vjg! Rgthqtocpeg! Dqpf! )Gzjkdkv! C*-! Rc{ogpv! Dqpf! )Ncdqt! cpf! Ocvgtkcnu*! )Gzjkdkv! D*-! Yqtmgtu”! Eqorgpucvkqp! Kpuwtcpeg! Egtvkhkecvg! )Gzjkdkv! E*-! Kpuwtcpeg! Gpfqtugogpvu! )Gzjkdkv! F-! kpenwfkpi! Gzjkdkvu! F.2-! F.3-! F.4! cpf! F.5*-! Cempqyngfiogpv!qh!Rgpcn!cpf!Ekxkn!Rgpcnvkgu!Eqpegtpkpi!Eqpvtcevqt!Nkegpukpi!Ncyu! )Gzjkdkv!G*-!Cempqyngfiogpv!qh!Ncdqt!Ncy!Tgswktgogpvu!)Gzjkdkv!H*-!cpf!Ceegrvgf!Dkf! Rtqrqucn!ykvj!Dkf!Ujggvu!)Gzjkdkv!I*/!!Cnn!Gzjkdkvu!cvvcejgf!jgtgvq!cpf!qvjgt!Eqpvtcev! Fqewogpvu!ctg!jgtgd{!kpeqtrqtcvgf!kpvq!vjku!Eqpvtcev!d{!tghgtgpeg/! ! 2/4!! Vjg! Yqtm! ujcnn! dg! rgthqtogf! kp! ceeqtfcpeg! ykvj! vjg! Rncpu-! Urgekhkecvkqpu! cpf! qvjgt! Eqpvtcev! Fqewogpvu/! ! Eqpvtcevqt! ujcnn! hwtpkuj! cv! kvu! qyp! gzrgpug!cnn!ncdqt-!ocvgtkcnu-!gswkrogpv!cpf!ugtxkegu!pgeguuct{!vjgtghqt-!gzegrv!uwej! ncdqt-!ocvgtkcnu-!gswkrogpv!cpf!ugtxkegu!cu!ctg!urgekhkgf!kp!vjg!Eqpvtcev!Fqewogpvu!vq! dg!hwtpkujgf!d{!Ekv{/! ! 2/5!! Kp! vjg! gxgpv! qh! cp{! ocvgtkcn! fkuetgrcpe{! dgvyggp! vjg! gzrtguu! rtqxkukqpu! qh! vjku!Eqpvtcev! cpf! vjg! rtqxkukqpu! qh! vjg! qvjgt! Eqpvtcev! Fqewogpvu-! vjg! rtqxkukqpu!qh!vjku!Eqpvtcev!ujcnn!rtgxckn/! ! 3/! ! Ghhgevkxg! Fcvg=! Eqorngvkqp/! ! Vjku!Eqpvtcev! ku! ghhgevkxg! cu! qh! Octej! 36-! 3135!)vjg!•Ghhgevkxg!Fcvg–*-!cpf!ujcnn!tgockp!kp!hwnn!hqteg!cpf!ghhgev!wpvkn!Eqpvtcevqt!jcu! tgpfgtgf!vjg!ugtxkegu!tgswktgf!d{!vjku!Eqpvtcev!cpf!c!Pqvkeg!qh!Eqorngvkqp!jcu!dggp! hkngf!ykvj!vjg!Qtcpig!Eqwpv{!Tgeqtfgt-!wpnguu!uqqpgt!vgtokpcvgf!qt!gzvgpfgf!rwtuwcpv! vq!vjku!Eqpvtcev/! ! 4/! ! Eqpvtcevqt”u!Eqorgpucvkqp/! ! 4/2!! Rc{ogpv/!!Kp!eqpukfgtcvkqp!hqt!rgthqtokpi!cpf!eqorngvkpi!vjg!Yqtm! kp!ceeqtfcpeg!ykvj!vjg!Eqpvtcev!Fqewogpvu-!Ekv{!ujcnn!rc{!Eqpvtcevqt-!kp!ceeqtfcpeg! ykvj!vjg!Dkf!Rtqrqucn-!cpf!rtkegu!ugv!hqtvj!vjgtgkp-!cu!hwnn!eqorgpucvkqp!vjgtghqt-!dwv!kp! pq! gxgpv! yknn! Ekv{! rc{! oqtg! vjcp! vjg! vqvcn! pqv.vq.gzeggf! coqwpv! qh! %678-411! )Hkxg! jwpftgf! ukzv{! ugxgp! vjqwucpf-! vjtgg! jwpftgf! fqnnctu*-! uwdlgev! vq! cp{! cffkvkqpu! cpf! fgngvkqpu!rwtuwcpv!vq!vjg!vgtou!qh!vjg!Eqpvtcev!Fqewogpvu/!!Uckf!uwo!ujcnn!eqpuvkvwvg! rc{ogpv!kp!hwnn!hqt!cnn!Yqtm!rgthqtogf!jgtgwpfgt-!kpenwfkpi-!ykvjqwv!nkokvcvkqp-!cnn!ncdqt-! ocvgtkcnu-!gswkrogpv-!vqqnu!cpf!ugtxkegu!wugf!qt!kpeqtrqtcvgf!kp!vjg!Yqtm-!uwrgtxkukqp-! cfokpkuvtcvkqp-!qxgtjgcf-!gzrgpugu!cpf!cp{!cpf!cnn!qvjgt!vjkpiu!tgswktgf-!hwtpkujgf!qt! kpewttgf!hqt!eqorngvkqp!qh!vjg!Yqtm!cu!urgekhkgf!kp!vjg!Eqpvtcev!Fqewogpvu/!Ekv{!ujcnn! ocmg! rc{ogpvu! vq! Eqpvtcevqt! qp! ceeqwpv! qh! vjg! Eqpvtcev! uwo! cv! vjg! vkog-! kp! vjg! ocppgt-!cpf!wrqp!vjg!eqpfkvkqpu!urgekhkgf!kp!vjg!Eqpvtcev!Fqewogpvu/!! ! 4/3!! Cffkvkqpcn!Yqtm/!!Vjg!Ekv{!Ocpcigt!oc{!cwvjqtk|g!gzvtc!yqtm!vq! hwpf!wphqtguggp!eqpfkvkqpu!wr!vq!vjg!coqwpv!crrtqxgf!cv!vjg!vkog!qh!cyctf!d{!vjg!Ekv{! Eqwpekn-! uwdlgev! vq! vjg! pqv.vq.gzeggf! coqwpv! ugv! hqtvj! kp! Ugevkqp! 4/2/! ! Rc{ogpv! hqt! cffkvkqpcn!yqtm!kp!gzeguu!qh!vjku!coqwpv!tgswktgu!rtkqt!Ekv{!Eqwpekn!cwvjqtk|cvkqp/!! ! 5/! ! Eqpvtcevqt”u!Rgtuqppgn/! 3 ! 5/2!! Cnn! Yqtm! ujcnn! dg! rgthqtogf! d{! Eqpvtcevqt!qt! wpfgt! Eqpvtcevqt”u! fktgev! uwrgtxkukqp-! cpf! cnn! rgtuqppgn! ujcnn! rquuguu! vjg! swcnkhkecvkqpu-! rgtokvu-! cpf! nkegpugu!tgswktgf!d{!vjg!Ugcn!Dgcej!Owpkekrcn!Eqfg!cpf!qvjgt!uvcvg!cpf!nqecn!ncyu!cpf! d{!vjg!Pqvkeg!Kpxkvkpi!Dkfu0Kpuvtwevkqpu!vq!Dkffgtu!vq!rgthqto!uwej!Ugtxkegu-!kpenwfkpi-! ykvjqwv!nkokvcvkqp-!c!Ekv{!qh!Ugcn!Dgcej!dwukpguu!nkegpug!cu!tgswktgf!d{!vjg!Ugcn!Dgcej! Owpkekrcn!Eqfg/! ! 5/3!! Eqpvtcevqt! ujcnn! dg! tgurqpukdng! hqt! rc{ogpv! qh! cnn! gornq{ggu”! ycigu! cpf!dgpghkvu-!cpf!ujcnn!eqorn{!ykvj! cnn!tgswktgogpvu!rgtvckpkpi! vq! gornq{gt”u! nkcdknkv{-! yqtmgtu”! eqorgpucvkqp-! wpgornq{ogpv! kpuwtcpeg-! cpf! Uqekcn! Ugewtkv{/!! Eqpvtcevqt!ujcnn!hwnn{!eqorn{!ykvj!vjg!yqtmgtu”!eqorgpucvkqp!ncy!tgictfkpi!Eqpvtcevqt! cpf!Eqpvtcevqt”u!gornq{ggu/! ! 5/4!! Eqpvtcevqt! ujcnn! kpfgopkh{! cpf! jqnf! jctonguu! Ekv{-! kvu! gngevgf! qhhkekcnu-! qhhkegtu-! gornq{ggu-! cvvqtpg{u-! cigpvu-! xqnwpvggtu-! cpf! vjqug! Ekv{! cigpvu! ugtxkpi!cu!kpfgrgpfgpv!eqpvtcevqtu!kp!vjg!tqng!qh!Ekv{!qhhkekcnu-!htqo!cp{!cpf!cnn!nkcdknkvkgu-! fcocigu-! enckou-! equvu! cpf! gzrgpugu! qh! cp{! pcvwtg! vq! vjg! gzvgpv! ctkukpi! htqo! Eqpvtcevqt”u!cnngigf!xkqncvkqpu!qh!rgtuqppgn!rtcevkegu/! ! 5/5!! Eqpvtcevqt! ku-! cpf! ujcnn! cv! cnn! vkogu! tgockp! cu! vq! Ekv{-! c! yjqnn{! kpfgrgpfgpv!eqpvtcevqt/!!Eqpvtcevqt!ujcnn!jcxg!pq!rqygt!vq!kpewt!cp{!fgdv-!qdnkicvkqp-!qt! nkcdknkv{!qp!dgjcnh!qh!Ekv{!qt!qvjgtykug!cev!cu!cp!cigpv!qh!Ekv{/!!Pgkvjgt!Ekv{!pqt!cp{!qh!kvu! cigpvu! ujcnn! jcxg! eqpvtqn! qxgt! vjg! eqpfwev! qh! Eqpvtcevqt! qt! cp{! qh! Eqpvtcevqt”u! gornq{ggu-!gzegrv!cu!ugv!hqtvj!kp!vjku!Eqpvtcev/!!Eqpvtcevqt!ujcnn!pqv-!cv!cp{!vkog-!qt!kp! cp{!ocppgt-!tgrtgugpv!vjcv!kv!qt!cp{!qh!kvu!qhhkegtu-!cigpvu-!qt!gornq{ggu!ctg!kp!cp{! ocppgt!gornq{ggu!qh!Ekv{/!!Eqpvtcevqt!ujcnn!rc{!cnn!tgswktgf!vczgu!qp!coqwpvu!rckf!vq! Eqpvtcevqt!wpfgt!vjku!Eqpvtcev-!cpf!kpfgopkh{!cpf!jqnf!Ekv{!jctonguu!htqo!cp{!cpf!cnn! vczgu-!cuuguuogpvu-!rgpcnvkgu-!cpf!kpvgtguv!cuugtvgf!cickpuv!Ekv{!d{!tgcuqp!qh!vjg!Yqtm! rgthqtogf!rwtuwcpv!vq!vjku!Eqpvtcev/! ! 5/6!! Ekv{!ujcnn!jcxg!vjg!tkijv!vq!qhhugv!cickpuv!vjg!coqwpv!qh!cp{!hggu! fwg! vq!Eqpvtcevqt!wpfgt!vjku! Eqpvtcev!cp{!coqwpv!fwg! vq! Ekv{! htqo! Eqpvtcevqt!cu!c! tguwnv! qh! Eqpvtcevqt”u! hcknwtg! vq! rtqorvn{! rc{! vq! Ekv{! cp{! tgkodwtugogpv! qt! kpfgopkhkecvkqp!ctkukpi!wpfgt!vjku!Ugevkqp!5/! ! 6/! ! Kpfgopkhkecvkqp/! ! 6/2!! Eqpvtcevqt”u! Fwv{/! ! Vq! vjg! hwnnguv! gzvgpv! rgtokvvgf! d{! ncy-! Eqpvtcevqt!ujcnn-!cv!kvu!uqng!equv!cpf!gzrgpug-!fghgpf-!kpfgopkh{-!cpf!jqnf!vjg!Ekv{!cpf! kvu!gngevgf!cpf!crrqkpvgf!qhhkekcnu-!qhhkegtu-!cvvqtpg{u-!cigpvu-!gornq{ggu-!xqnwpvggtu-! uweeguuqtu-!cuukipu-!cpf!vjqug!Ekv{!cigpvu!ugtxkpi!cu!kpfgrgpfgpv!eqpvtcevqtu!kp!vjg! tqng!qh!Ekv{!qhhkekcnu!)eqnngevkxgn{!•Kpfgopkvggu–*!htqo!cpf!cickpuv!cp{!cpf!cnn!fcocigu-! equvu-!gzrgpugu-!nkcdknkvkgu-!enckou-!fgocpfu-!ecwugu!qh!cevkqp-!rtqeggfkpiu-!gzrgpugu-! lwfiogpvu-!rgpcnvkgu-!uvqr!pqvkegu-!nkgpu-!nkcdknkvkgu!cpf!nquugu!qh!cp{!pcvwtg!yjcvuqgxgt-! kpenwfkpi!hggu!qh!ceeqwpvcpvu-!cvvqtpg{u!qt!qvjgt!rtqhguukqpcnu!cpf!cnn!equvu!cuuqekcvgf! vjgtgykvj!cpf!vjg!rc{ogpv!qh!cnn!eqpugswgpvkcn!fcocigu!)eqnngevkxgn{-!•Nkcdknkvkgu–*-!kp! ncy!qt!kp!gswkv{-!yjgvjgt!cevwcn-!cnngigf!qt!vjtgcvgpgf-!yjkej!ctkug!qwv!qh-!ctg!enckogf!vq! ctkug!qwv!qh-!rgtvckp!vq-!qt!tgncvg!vq-!vjg!cevu!qt!qokuukqpu!qh!Eqpvtcevqt-!kvu!qhhkegtu-! 4 cigpvu-! cvvqtpg{u-!ugtxcpvu-!gornq{ggu-!Uwdeqpvtcevqtu-!ocvgtkcnogp-!eqpvtcevqtu-! qt! vjgkt!qhhkegtu-!cigpvu-!ugtxcpvu!qt!gornq{ggu!)qt!cp{!gpvkv{!qt!kpfkxkfwcn!hqt!yjqo!vjg! Eqpvtcevqt! dgctu! ngicn! nkcdknkv{*kp! vjg! rgthqtocpeg! qh! vjg! Eqpvtcev-! kpenwfkpi! vjg! Kpfgopkvggu”!cevkxg!qt!rcuukxg!pginkigpeg-!gzegrv!hqt!Nkcdknkvkgu!ctkukpi!htqo!vjg!uqng! pginkigpeg!qt!yknnhwn!okueqpfwev!qh!vjg!Kpfgopkvggu-!cu!fgvgtokpgf!d{!eqwtv!fgekukqp!qt! d{!vjg!citggogpv!qh!vjg!Rctvkgu/!!Eqpvtcevqt!ujcnn!fghgpf!vjg!Kpfgopkvggu!kp!cp{!cevkqp! qt!cevkqpu!hkngf!kp!eqppgevkqp!ykvj!cp{!Nkcdknkvkgu!ykvj!eqwpugn!qh!vjg!Kpfgopkvggu”!ejqkeg-! cpf!ujcnn!rc{!cnn!equvu!cpf!gzrgpugu-!kpenwfkpi!cnn!cvvqtpg{u”!hggu!cpf!gzrgtvu”!equvu! cevwcnn{! kpewttgf! kp! eqppgevkqp! ykvj! uwej! fghgpug/! ! Eqpvtcevqt! ujcnn! tgkodwtug! vjg! Kpfgopkvggu! hqt! cp{! cpf! cnn! ngicn! gzrgpugu! cpf! equvu! kpewttgf! d{! Kpfgopkvggu! kp! eqppgevkqp!vjgtgykvj/!!Vjg!Ekv{!ujcnn!pqv!dg!nkcdng!hqt!cp{!ceekfgpv-!nquu-!qt!fcocig!vq! vjg! Yqtm! rtkqt! vq! eqorngvkqp-! gzegrv! cu! qvjgtykug! urgekhkgf! kp! Ugevkqp! 7.6! qh! vjg! Urgekhkecvkqpu/!! ! 6/3!! Vczgu! cpf! Yqtmgtu”! Eqorgpucvkqp/! ! Eqpvtcevqt! ujcnn! rc{! cnn! tgswktgf!vczgu!qp!coqwpvu!rckf!vq!vjg!Eqpvtcevqt!wpfgt!vjg!Eqpvtcev-!cpf!kpfgopkh{! cpf!jqnf!vjg!Ekv{!jctonguu!htqo!cp{!cpf!cnn!vczgu-!cuuguuogpvu-!rgpcnvkgu-!cpf!kpvgtguv! cuugtvgf!cickpuv!vjg!Ekv{!d{!tgcuqp!qh!vjg!kpfgrgpfgpv!eqpvtcevqt!tgncvkqpujkr!etgcvgf! d{! vjg! Eqpvtcev/! ! Eqpvtcevqt! ujcnn! hwnn{! eqorn{! ykvj! vjg! Yqtmgtu”! Eqorgpucvkqp! ncy! tgictfkpi!Eqpvtcevqt!cpf!Eqpvtcevqt”u!gornq{ggu/!!Eqpvtcevqt!ujcnn!kpfgopkh{!cpf!jqnf! vjg! Ekv{! jctonguu! htqo! cp{!hcknwtg! qh! Eqpvtcevqt! vq! eqorn{! ykvj! crrnkecdng! Yqtmgtu”! Eqorgpucvkqp!ncyu/!!Ekv{!oc{!qhhugv!cickpuv!vjg!coqwpv!qh!cp{!hggu!fwg!vq!Eqpvtcevqt! wpfgt!vjg!Eqpvtcev!cp{!coqwpv!fwg!vq!Ekv{!htqo!Eqpvtcevqt!cu!c!tguwnv!qh!Eqpvtcevqt”u! hcknwtg!vq!rtqorvn{!rc{!vq!vjg!Ekv{!cp{!tgkodwtugogpv!qt!kpfgopkhkecvkqp!ctkukpi!wpfgt! vjku!Uwdugevkqp!6/3/! ! 6/4!! Dkf! Rtqvguvu/! ! Kp!cffkvkqp! vq! cnn! qvjgt! qdnkicvkqpu! ugv! hqtvj! kp! vjku! Ugevkqp!6-!Eqpvtcevqt!ujcnn!tgkodwtug!vjg!Ekv{!hqt!cnn!cvvqtpg{u”!hggu!cpf!equvu!kpewttgf! d{!Ekv{!kp!eqppgevkqp!ykvj-!ctkukpi!qwv!qh!qt!kpekfgpv!vq!cp{!Dkf!rtqvguv/! ! 6/5!! Ekxkn!Eqfg!Gzegrvkqp/!!Pqvjkpi!kp!vjku!Ugevkqp!6!ujcnn!dg!eqpuvtwgf! vq!gpeqorcuu!Kpfgopkvggu”!uqng!pginkigpeg!qt!yknnhwn!okueqpfwev!vq!vjg!nkokvgf!gzvgpv! vjcv!vjg!wpfgtn{kpi!Eqpvtcev!ku!uwdlgev!vq!Ekxkn!Eqfg!Ugevkqp!3893)c*!qt!vjg!Ekv{”u!cevkxg! pginkigpeg!vq!vjg!nkokvgf!gzvgpv!vjcv!vjg!wpfgtn{kpi!Eqpvtcev!Fqewogpvu!ctg!uwdlgev!vq! Ekxkn!Eqfg!Ugevkqp!3893)d*-!rtqxkfgf!uwej!uqng!pginkigpeg-!yknnhwn!okueqpfwev!qt!cevkxg! pginkigpeg!ku!fgvgtokpgf!d{!citggogpv!dgvyggp!vjg!rctvkgu!qt!d{!vjg!hkpfkpiu!qh!c!eqwtv! qh!eqorgvgpv!lwtkufkevkqp/! ! 6/6!! Yqtmgtu”! Eqorgpucvkqp! Cevu! pqv! Nkokvkpi/! ! Eqpvtcevqt”u! kpfgopkhkecvkqpu! cpf! qdnkicvkqpu! wpfgt! vjku! Ugevkqp! 6-! qt! cp{! qvjgt! rtqxkukqp! qh! vjg! Eqpvtcev-!ujcnn!pqv!dg!nkokvgf!d{!vjg!rtqxkukqpu!qh!cp{!Yqtmgtu”!Eqorgpucvkqp!cev!qt! ukoknct!cev/!!Eqpvtcevqt!gzrtguun{!yckxgu!kvu!uvcvwvqt{!koowpkv{!wpfgt!uwej!uvcvwvgu!qt! ncyu! cu! vq! Ekv{-! kvu! gngevgf! cpf! crrqkpvgf! qhhkekcnu-! qhhkegtu-! gornq{ggu-! cvvqtpg{u-! cigpvu-!xqnwpvggtu-!cpf!vjqug!Ekv{!cigpvu!ugtxkpi!cu!kpfgrgpfgpv!eqpvtcevqtu!kp!vjg!tqng! qh!Ekv{!qhhkekcnu/! ! 6/7!! Kpuwtcpeg!Tgswktgogpvu!pqv!Nkokvkpi/!!Ekv{!fqgu!pqv-!cpf!ujcnn!pqv-! yckxg!cp{!tkijvu!vjcv!kv!oc{!rquuguu!cickpuv!Eqpvtcevqt!dgecwug!qh!vjg!ceegrvcpeg!d{! Ekv{-!qt!vjg!fgrqukv!ykvj!Ekv{-!qh!cp{!kpuwtcpeg!rqnke{!qt!egtvkhkecvg!tgswktgf!rwtuwcpv!vq! 5 vjg!Eqpvtcev/!!Vjg!kpfgopkvkgu!kp!vjku!Ugevkqp!6!ujcnn!crrn{!tgictfnguu!qh!yjgvjgt!qt!pqv! cp{! kpuwtcpeg! rqnkekgu! ctg! fgvgtokpgf! vq! dg! crrnkecdng! vq! vjg! Nkcdknkvkgu-! vcz-! cuuguuogpv-!rgpcnv{!qt!kpvgtguv!cuugtvgf!cickpuv!Ekv{/! ! 6/8!! Pqpyckxgt!qh!Tkijvu/!!Kpfgopkvggu!fq!pqv-!cpf!ujcnn!pqv-!yckxg!cp{! tkijvu!vjcv!vjg{!oc{!rquuguu!cickpuv!Eqpvtcevqt!dgecwug!qh!vjg!ceegrvcpeg!d{!Ekv{-!qt! vjg! fgrqukv! ykvj! Ekv{-! qh! cp{! kpuwtcpeg! rqnke{! qt! egtvkhkecvg! tgswktgf!rwtuwcpv! vq! vjku! Eqpvtcev/! ! 6/9!! Uwdeqpvtcevqt! Kpfgopkv{! Citggogpvu/! ! Eqpvtcevqt! ujcnn! qdvckp! gzgewvgf!kpfgopkv{!citggogpvu!ykvj!rtqxkukqpu!kfgpvkecn!vq!vjqug!kp!vjku!Ugevkqp!6!htqo! gcej!cpf!gxgt{!Uwdeqpvtcevqt!qt!cp{!qvjgt!rgtuqp!qt!gpvkv{!kpxqnxgf!d{-!hqt-!ykvj!qt!qp! dgjcnh!qh!Eqpvtcevqt!kp!vjg!rgthqtocpeg!qh!vjg!Eqpvtcev/!!Kh!Eqpvtcevqt!hcknu!vq!qdvckp! uwej!kpfgopkv{! qdnkicvkqpu-!Eqpvtcevqt!ujcnn!dg! hwnn{!tgurqpukdng!cpf! kpfgopkh{-!jqnf! jctonguu!cpf!fghgpf!vjg!Kpfgopkvggu!htqo!cpf!cickpuv!cp{!cpf!cnn!Nkcdknkvkgu!cv!ncy!qt! kp!gswkv{-!yjgvjgt!cevwcn-!cnngigf!qt!vjtgcvgpgf-!yjkej!ctkug!qwv!qh-!ctg!enckogf!vq!ctkug! qwv!qh-!rgtvckp!vq-!qt!tgncvg!vq!vjg!cevu!qt!qokuukqpu!qh!Eqpvtcevqt”u!Uwdeqpvtcevqt-!kvu! qhhkegtu-!cigpvu-!ugtxcpvu-!gornq{ggu-!Uwdeqpvtcevqtu-!ocvgtkcnogp-!eqpvtcevqtu!qt!vjgkt! qhhkegtu-! cigpvu-! ugtxcpvu! qt! gornq{ggu! )qt! cp{! gpvkv{! qt! kpfkxkfwcn! hqt! yjqo! Eqpvtcevqt”u! Uwdeqpvtcevqt! dgctu! ngicn! nkcdknkv{*! kp! vjg! rgthqtocpeg! qh! vjg! Eqpvtcev-! kpenwfkpi! vjg! Kpfgopkvggu”! cevkxg! qt! rcuukxg! pginkigpeg-!gzegrv! hqt! Nkcdknkvkgu! ctkukpi! htqo!vjg!uqng!pginkigpeg!qt!yknnhwn!okueqpfwev!qh!vjg!Kpfgopkvggu-!cu!fgvgtokpgf!d{!hkpcn! eqwtv!fgekukqp!qt!d{!vjg!citggogpv!qh!vjg!Rctvkgu/! ! 6/;!! Uwtxkxcn/! ! Vjg! rtqxkukqpu! qh! vjku! Ugevkqp! 6! ujcnn! uwtxkxg! vjg! gzrktcvkqp!qt!vgtokpcvkqp!qh!vjg!Eqpvtcev-!ctg!kpvgpfgf!vq!dg!cu!dtqcf!cpf!kpenwukxg!cu!ku! rgtokvvgf!d{!vjg!ncy!qh!vjg!Uvcvg-!cpf!ctg!kp!cffkvkqp!vq!cp{!qvjgt!tkijvu!qt!tgogfkgu!vjcv! Kpfgopkvggu!oc{!jcxg!wpfgt!vjg!ncy/!!Rc{ogpv!ku!pqv!tgswktgf!cu!c!eqpfkvkqp!rtgegfgpv! vq! cp! Kpfgopkvgg”u! tkijv! vq! tgeqxgt! wpfgt! vjku! kpfgopkv{! rtqxkukqp-! cpf! cp! gpvt{! qh! lwfiogpv!cickpuv!c!Eqpvtcevqt!ujcnn!dg!eqpenwukxg!kp!hcxqt!qh!vjg!Kpfgopkvgg”u!tkijv!vq! tgeqxgt!wpfgt!vjku!kpfgopkv{!rtqxkukqp/! ! 7/! ! Kpuwtcpeg/! ! 7/2!! Nkcdknkv{!Kpuwtcpeg/!!Eqpvtcevqt!ujcnn!cv!cnn!vkogu!fwtkpi!vjg!vgto!qh! vjku!Eqpvtcev!ectt{-!ockpvckp!cpf!mggr!kp!hwnn!hqteg!cpf!ghhgev!vjg!kpuwtcpeg!tghgtgpegf! kp!vjku!Ugevkqp!7/!!Vjg!rqnke{!nkokvu!ugv!hqtvj!dgnqy!fq!pqv!cev!cu!c!nkokvcvkqp!wrqp!vjg! coqwpv!qh!kpfgopkhkecvkqp!vq!dg!rtqxkfgf!d{!Eqpvtcevqt/!!Eqpvtcevqt!ujcnn!eqorngvg!cpf! gzgewvg!vjg!hqnnqykpi!fqewogpvu!cvvcejgf!cu!Gzjkdkvu!jgtgvq!cpf!kpeqtrqtcvgf!jgtgkp! d{!vjku!tghgtgpeg<! ! ! ! ! ! ! ! 7/2/2! ! Gzjkdkv! F.2<! ! Cffkvkqpcn! Kpuwtgf! Gpfqtugogpv! .! Eqoogtekcn!Igpgtcn!Nkcdknkv{/! ! ! ! ! ! ! ! 7/2/3! ! Gzjkdkv! F.3<! ! Cffkvkqpcn! Kpuwtgf! Gpfqtugogpv! .! Cwvqoqdkng!Nkcdknkv{/! ! ! ! ! ! ! ! 7/2/4! ! Gzjkdkv! F.4<! ! Cffkvkqpcn! Kpuwtgf! Gpfqtugogpv! ˜! Rtqhguukqpcn!Nkcdknkv{!Kpuwtcpeg/! 6 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!7/2/5! ! Gzjkdkv! F.5<! ! Cffkvkqpcn! Kpuwtgf! Gpfqtugogpv! .! Gzeguu! Nkcdknkv{/! ! ! ! 7/3!! Okpkowo!Ueqrg!qh!Kpuwtcpeg/!!Wpnguu!qvjgtykug!crrtqxgf!d{!Ekv{-! eqxgtcig!ujcnn!dg!cv!ngcuv!cu!dtqcf!cu<! ! ! ! ! ! ! ! 7/3/2! ! Kpuwtcpeg! Ugtxkegu! Qhhkeg! Eqoogtekcn! Igpgtcn! Nkcdknkv{! eqxgtcig!)qeewttgpeg!hqto!EI!1112*/! ! ! ! ! ! ! ! 7/3/3! ! Kpuwtcpeg! Ugtxkegu! Qhhkeg! hqto! pwodgt! EC! 1112! )Gf/! 2098*!eqxgtkpi!Cwvqoqdkng!Nkcdknkv{-!eqfg!2!)cp{!cwvq*/! ! ! ! ! ! ! ! 7/3/4! ! Kpuwtcpeg!Ugtxkegu!Qhhkeg!hqto!pwodgt!EI!31!21!22!96! )Gf/!22096*!eqxgtkpi!Cffkvkqpcn!Kpuwtgf™Qypgtu-!Nguuggu!qt!Eqpvcevqtu!)Hqto!D*/! ! ! ! ! ! ! ! 7/3/5! ! Yqtmgtu”! Eqorgpucvkqp! kpuwtcpeg! cu! tgswktgf! d{! vjg! Uvcvg!qh!Ecnkhqtpkc!cpf!Gornq{gt”u!Nkcdknkv{!Kpuwtcpeg/! ! ! !! ! ! ! 7/3/6! ! Rtqhguukqpcn!Nkcdknkv{!)qt!Gttqtu!cpf!Qokuukqpu*!Nkcdknkv{<! Kpuwtcpeg! crrtqrtkcvg! vq! kvu! rtqhguukqp-! kp! c! hqto! cpf! ykvj! kpuwtcpeg! eqorcpkgu! ceegrvcdng!vq!vjg!Ekv{/!!Vjku!kpuwtcpeg!ujcnn!dg!gpfqtugf!vq!kpenwfg!eqpvtcevwcn!nkcdknkv{! crrnkecdng!vq!vjku!Eqpvtcev!cpf!ujcnn!dg!ytkvvgp!qp!c!rqnke{!hqto!eqxgtcig!urgekhkecnn{! fgukipgf! vq! rtqvgev! cickpuv! cevu-! gttqtu! qt! qokuukqpu! qh! vjg! Eqpvtcevqt/! ! •Eqxgtgf! Rtqhguukqpcn! Ugtxkegu–! cu! fgukipcvgf! kp! vjg! rqnke{! owuv! urgekhkecnn{! kpenwfg! yqtm! rgthqtogf!wpfgt!vjku!Eqpvtcev/!!Vjg!rqnke{!owuv!•rc{!qp!dgjcnh!qh–!vjg!kpuwtgf!cpf!owuv! kpenwfg!c!rtqxkukqp!guvcdnkujkpi!vjg!kpuwtgt(u!fwv{!vq!fghgpf/!!!Uwdlgev!vq!vjg!Ekv{”u!rtkqt! ytkvvgp! crrtqxcn-! kh! vjg! Eqpvtcevqt! rtqxkfgu! vtchhke! eqpvtqn! rncp! ugtxkegu! d{! wug! qh! c! uwdeqpvtcevqt-! vjg! Eqpvtcevqt! oc{! ucvkuh{! vjku! rtqhguukqpcn! nkcdknkv{! kpuwtcpeg! tgswktgogpv!d{!tgswktkpi!kvu!uwdeqpvtcevqt!vq!rtqxkfg!rtqhguukqpcn!nkcdknkv{!kpuwtcpeg!vjcv! eqornkgu!ykvj!cnn!tgswktgogpvu!qh!vjku!Ugevkqp!cpf!Citggogpv/! ! ! 7/4!! Okpkowo!Nkokvu!qh!Kpuwtcpeg/!!Eqpvtcevqt!ujcnn!ockpvckp!nkokvu!pq! nguu!vjcp<! ! ! ! ! ! ! ! 7/4/2! ! Igpgtcn!Nkcdknkv{<!%3-111-111!rgt!qeewttgpeg!cpf!kp!vjg! ciitgicvg!hqt!dqfkn{!kplwt{-!rgtuqpcn!kplwt{!cpf!rtqrgtv{!fcocig/!!Eqoogtekcn!Igpgtcn! Nkcdknkv{!Kpuwtcpeg!qt!qvjgt!hqto!ykvj!c!igpgtcn!ciitgicvg!nkokv!ujcnn!crrn{!ugrctcvgn{!vq! vjku!Eqpvtcev!qt!vjg!igpgtcn!nkokv!ujcnn!dg!vykeg!vjg!tgswktgf!qeewttgpeg!nkokv/! ! ! ! ! ! ! ! 7/4/3! ! Cwvqoqdkng!Nkcdknkv{<!%3-111-111!rgt!qeewttgpeg!hqt!dqfkn{! kplwt{!cpf!rtqrgtv{!fcocig/! ! ! ! ! ! ! ! 7/4/4! ! Gornq{gt”u! Nkcdknkv{0Yqtmgt”u! Eqorgpucvkqp! Kpuwtcpeg<! Gornq{gt”u!Nkcdknkv{!Kpuwtcpeg!ykvj!okpkowo!nkokvu!qh!%2-111-111!rgt!qeewttgpeg!cpf!kp! vjg!ciitgicvg!hqt!dqfkn{!kplwt{!qt!fkugcug=!cpf!Yqtmgtu”!Eqorgpucvkqp!Kpuwtcpeg!kp!vjg! coqwpv!tgswktgf!d{!ncy/! 7 ! ! ! ! ! ! ! 7/5!! Cffkvkqpcn! Kpuwtgfu/! ! Ekv{-! kvu! gngevgf! cpf! crrqkpvgf! qhhkekcnu-! qhhkegtu-! gornq{ggu-!cvvqtpg{u-!cigpvu-! xqnwpvggtu-!cpf! vjqug!Ekv{! cigpvu! ugtxkpi!cu! kpfgrgpfgpv!eqpvtcevqtu!kp!vjg!tqng!qh!Ekv{!qhhkekcnu-!ujcnn!dg!vjg!kpuwtgf!qt!pcogf!cu! cffkvkqpcn!kpuwtgfu!eqxgtkpi!vjg!Yqtm-!tgictfnguu!qh!cp{!kpeqpukuvgpv!uvcvgogpv!kp!vjg! rqnke{!qt!cp{!uwdugswgpv!gpfqtugogpv-!yjgvjgt!nkcdknkv{!ku!cvvtkdwvcdng!vq!Eqpvtcevqt!qt! Ekv{/! ! 7/6!! Tgrncegogpv!Kpuwtcpeg/!!Eqpvtcevqt!citggu!vjcv!kv!yknn!pqv!ecpegn-! tgfweg!qt!qvjgtykug!oqfkh{!vjg!kpuwtcpeg!eqxgtcig!tgswktgf!d{!vjg!Eqpvtcev!fwtkpi!vjg! vgto!qh!vjg!Eqpvtcev/!!Eqpvtcevqt!citggu!vjcv!kh!kv!fqgu!pqv!mggr!vjg!tgswktgf!kpuwtcpeg! kp!hwnn!hqteg!cpf!ghhgev-!cpf!uwej!kpuwtcpeg!ku!cxckncdng!cv!c!tgcuqpcdng!equv-!Ekv{!oc{! vcmg!qwv!vjg!pgeguuct{!kpuwtcpeg!cpf!rc{!vjg!rtgokwo!vjgtgqp-!cpf!vjg!tgrc{ogpv! vjgtgqh!ujcnn!dg!fggogf!cp!qdnkicvkqp!qh!Eqpvtcevqt!cpf!vjg!equv!qh!uwej!kpuwtcpeg!oc{! dg!fgfwevgf-!cv!vjg!qrvkqp!qh!Ekv{-!htqo!rc{ogpvu!fwg!Eqpvtcevqt/!!Vjku!ujcnn!dg!kp! cffkvkqp! vq! cnn! qvjgt! ngicn! qrvkqpu! cxckncdng! vq! Ekv{! vq! gphqteg! vjg! kpuwtcpeg! tgswktgogpvu/! ! 7/7!! Egtvkhkecvgu!qh!Kpuwtcpeg!ykvj!Qtkikpcn!Gpfqtugogpvu/!!Eqpvtcevqt! ujcnn! uwdokv! vq! Ekv{! egtvkhkecvgu! qh! kpuwtcpeg! ykvj!vjg! qtkikpcn!gpfqtugogpvu-! dqvj! qh! yjkej!tghgtgpeg!vjg!ucog!rqnke{!pwodgt-!hqt!gcej!qh!vjg!kpuwtcpeg!rqnkekgu!vjcv!oggv! vjg!kpuwtcpeg!tgswktgogpvu-!pqv!nguu!vjcp!qpg!)2*!fc{!dghqtg!dgikppkpi!qh!rgthqtocpeg! wpfgt!vjg!Eqpvtcev/!!Vjg!gpfqtugogpvu!ctg!vq!dg!ukipgf!d{!c!rgtuqp!cwvjqtk|gf!d{!vjcv! kpuwtgt!vq!dkpf!eqxgtcig!qp!kvu!dgjcnh/!!Gpfqtugogpvu!owuv!dg!gzgewvgf!qp!Ekv{”u!hqtou! vkvngf!•Cffkvkqpcn!Kpuwtgf!Gpfqtugogpv-–!eqrkgu!qh!yjkej!ctg!cvvcejgf!cu!gzjkdkvu!vq!vjku! Eqpvtcev-! qt! qp! cp{! qvjgt! hqto! vjcv! eqpvckpu! uwduvcpvkcnn{! vjg! ucog! vgtou! cpf! ku! crrtqxgf!d{!Ekv{”u!Tkum!Ocpcigt/!!Vjg!gpfqtugogpvu!owuv!urgekhkecnn{!pcog!vjg!Ekv{!qh! Ugcn!Dgcej-!kvu!gngevgf!cpf!crrqkpvgf!qhhkekcnu-!qhhkegtu-!gornq{ggu-!cvvqtpg{u-!cigpvu-! xqnwpvggtu-!cpf!vjqug!Ekv{!cigpvu!ugtxkpi!cu!kpfgrgpfgpv!eqpvtcevqtu!kp!vjg!tqng!qh!Ekv{! qhhkekcnu! cu! kpuwtgfu! qt! cffkvkqpcn! kpuwtgfu/! ! Ewttgpv! kpuwtcpeg! egtvkhkecvgu! cpf! gpfqtugogpvu!ujcnn!dg!mgrv!qp!hkng!ykvj!Ekv{!cv!cnn!vkogu!fwtkpi!vjg!vgto!qh!vjku!Eqpvtcev/!! Ekv{!tgugtxgu! vjg! tkijv! vq! tgswktg! eqorngvg-! egtvkhkgf!eqrkgu!qh!cnn!tgswktgf!kpuwtcpeg! rqnkekgu!cv!cp{!vkog/! ! 7/8!! Fgfwevkdngu!cpf!Ugnh.Kpuwtgf!Tgvgpvkqpu/!!Eqpvtcevqt!ujcnn!kphqto! Ekv{!qh!cp{!fgfwevkdngu!qt!ugnh.kpuwtgf!tgvgpvkqpu!gzegrv!ykvj!tgurgev!vq!cp{!rtqhguukqpcn! nkcdknkv{!kpuwtcpeg/! ! 7/9!! Qvjgt!Kpuwtcpeg!Rtqxkukqpu/!!Vjg!igpgtcn!nkcdknkv{!cpf!cwvqoqdkng! nkcdknkv{!rqnkekgu!ctg!vq!eqpvckp-!qt!dg!gpfqtugf!vq!eqpvckp-!vjg!hqnnqykpi!rtqxkukqpu<! ! ! ! ! ! ! ! 7/9/2! ! Hqt! cp{! enckou! tgncvgf! vq! vjku! Eqpvtcev-! Eqpvtcevqt”u! kpuwtcpeg! eqxgtcig! ujcnn! dg! rtkoct{! kpuwtcpeg! cu! tgurgevu! Ekv{-! kvu! gngevgf! cpf! crrqkpvgf!qhhkekcnu-!qhhkegtu-!gornq{ggu-!cvvqtpg{u-!cigpvu-!xqnwpvggtu-!cpf!vjqug!Ekv{! cigpvu!ugtxkpi!cu!kpfgrgpfgpv!eqpvtcevqtu!kp!vjg!tqng!qh!Ekv{!qhhkekcnu/!!Cp{!kpuwtcpeg!qt! ugnh.kpuwtcpeg! ockpvckpgf! d{! Ekv{-! kvu! gngevgf! cpf! crrqkpvgf! qhhkekcnu-! qhhkegtu-! gornq{ggu-! cvvqtpg{u-! cigpvu-! xqnwpvggtu-! cpf! vjqug! Ekv{! cigpvu! ugtxkpi! cu! kpfgrgpfgpv! eqpvtcevqtu! kp! vjg! tqng! qh! Ekv{! qhhkekcnu! ujcnn! dg! gzeguu! qh! Eqpvtcevqt”u! kpuwtcpeg!cpf!ujcnn!pqv!eqpvtkdwvg!ykvj!kv/! 8 ! ! ! ! ! ! ! 7/9/3! ! Eqpvtcevqt”u! kpuwtcpeg! ujcnn! crrn{! ugrctcvgn{! vq! gcej! kpuwtgf!cickpuv!yjqo!encko!ku!ocfg!qt!uwkv!ku!dtqwijv-!gzegrv!ykvj!tgurgev!vq!vjg!nkokvu! qh!vjg!kpuwtgt”u!nkcdknkv{/! ! !! ! ! ! ! 7/9/4! ! Gcej!kpuwtcpeg!rqnke{!tgswktgf!d{!vjku!Ugevkqp!7!ujcnn!dg! gpfqtugf!vq!uvcvg! vjcv!eqxgtcig! ujcnn!pqv!dg! ecpegngf!qt! ocvgtkcnn{!oqfkhkgf! gzegrv! chvgt!41!ecngpfct!fc{u!rtkqt!ytkvvgp!pqvkeg!d{!hktuv!encuu!ockn!jcu!dggp!ikxgp!vq!Ekv{/! ! ! ! ! ! ! ! 7/9/5! ! Gcej! kpuwtcpeg! rqnke{! tgswktgf! d{! vjku! Ugevkqp! 7! ujcnn! gzrtguun{!yckxg!vjg!kpuwtgt”u!tkijv!qh!uwdtqicvkqp!cickpuv!Ekv{-!kvu!gngevgf!cpf!crrqkpvgf! qhhkekcnu-! qhhkegtu-! gornq{ggu-! cvvqtpg{u-! cigpvu-! xqnwpvggtu-! cpf! vjqug! Ekv{! cigpvu! ugtxkpi!cu!kpfgrgpfgpv!eqpvtcevqtu!kp!vjg!tqng!qh!Ekv{!qt!cigpe{!qhhkekcnu/!!D{!gzgewvkpi! vjku!Citggogpv-!Eqpvtcevqt!yckxgu!cnn!tkijvu!qh!uwdtqicvkqp!cickpuv!Ekv{!kvu!gngevgf!cpf! crrqkpvgf!qhhkekcnu-!qhhkegtu-!gornq{ggu-!cvvqtpg{u-!cigpvu-!xqnwpvggtu-!cpf!vjqug!Ekv{! cigpvu!ugtxkpi!cu!kpfgrgpfgpv!eqpvtcevqtu!kp!vjg!tqng!qh!Ekv{!qhhkekcnu/!!! ! 7/;!! Ceegrvcdknkv{!qh!Kpuwtgtu/!!Kpuwtcpeg!ku!vq!dg!rncegf!ykvj!kpuwtgtu! ykvj!c!ewttgpv!C/O/!Dguv”u!tcvkpi!qh!pq!nguu!vjcp!C<XKKn!wpnguu!yckxgf!kp!ytkvkpi!d{!Ekv{”u! Tkum!Ocpcigt/! ! 7/21! ! Pq!Nkokvcvkqp!qp!Kpfgopkv{/!!Vjg!kpuwtcpeg!rtqxkukqpu!ujcnn!pqv! dg!eqpuvtwgf!vq!nkokv!Eqpvtcevqt”u!kpfgopkv{!qdnkicvkqpu!eqpvckpgf!kp!vjku!Eqpvtcev!qt!cp{! qvjgt!Eqpvtcev!Fqewogpvu/! ! 7/22! ! Kpuwtcpeg!Tgswktgogpvu! pqv! Nkokvkpi/!!Kh! Eqpvtcevqt!ockpvckpu! dtqcfgt!eqxgtcig!cpf0qt!jkijgt!nkokvu!vjcp!vjg!okpkowou!tgswktgf!kp!vjku!Ugevkqp!7-!Ekv{! tgswktgu! cpf! ujcnn! dg! gpvkvngf! vq! vjg! dtqcfgt! eqxgtcig! cpf0qt! vjg! jkijgt! nkokvu! ockpvckpgf!d{!Eqpvtcevqt/!Cp{!cxckncdng!kpuwtcpeg!rtqeggfu!kp!gzeguu!qh!vjg!urgekhkgf! okpkowo!nkokvu!qh!kpuwtcpeg!cpf!eqxgtcig!ujcnn!dg!cxckncdng!vq!Ekv{/!!Pq!tgrtgugpvcvkqp! ku!ocfg!vjcv!vjg!okpkowo!kpuwtcpeg!tgswktgogpvu!qh!vjku!Eqpvtcev!ctg!uwhhkekgpv!vq!eqxgt! vjg!qdnkicvkqpu!qh!Eqpvtcevqt!wpfgt!vjku!Eqpvtcev/! ! 7/23! ! Uwdeqpvtcevqtu/! ! Eqpvtcevqt! ujcnn! tgswktg! gcej! qh! kvu! Uwdeqpvtcevqtu! vjcv! rgthqto! ugtxkegu! wpfgt! vjg! Eqpvtcev! vq! ockpvckp! kpuwtcpeg! eqxgtcig!vjcv!oggvu!cnn!qh!vjg!tgswktgogpvu!qh!vjg!Eqpvtcev!kpenwfkpi!vjku!Ugevkqp!7/! ! ! 8/! ! Nkswkfcvgf!Fcocigu/!!Ujqwnf!vjg!Eqpvtcevqt!hckn!vq!eqorngvg!vjg!Rtqlgev-!! qt! cp{! rctv! vjgtgqh-! kp! vjg! vkog! citggf! wrqp! kp! vjg! Eqpvtcev-! vjg! Eqpvtcevqt! ujcnn! tgkodwtug!vjg!Ekv{!hqt!vjg!cffkvkqpcn!gzrgpug!cpf!fcocig!hqt!gcej!ecngpfct!fc{!vjcv! vjg!Eqpvtcev!tgockpu!wpeqorngvgf!chvgt!vjg!Eqpvtcev!eqorngvkqp!fcvg/!!Kv!ku!citggf!vjcv! vjg!coqwpv!qh!uwej!cffkvkqpcn!gzrgpug!cpf!fcocig!kpewttgf!d{!tgcuqp!qh!hcknwtg!vq! eqorngvg!vjg!Eqpvtcev!ku!vjg!rgt!fkgo!tcvg!qh!%611/11!rgt!ecngpfct!fc{/!!Uwej!coqwpv! ku!jgtgd{!citggf!wrqp!cu!nkswkfcvgf!fcocigu!hqt!vjg!nquu!vq!vjg!Ekv{!tguwnvkpi!htqo!vjg! hcknwtg!qh!vjg!Eqpvtcevqt!vq!eqorngvg!vjg!Rtqlgev!ykvjkp!vjg!cnnqvvgf!vkog!cpf!vq!vjg!xcnwg! qh!vjg!qrgtcvkqp!qh!vjg!yqtmu!fgrgpfgpv!vjgtgqp/!!Kv!ku!gzrtguun{!wpfgtuvqqf!cpf!citggf! vjcv!vjku!coqwpv!ku!c!tgcuqpcdng!coqwpv!cpf!ku!guvcdnkujgf!kp!nkgw!qh!fcocigu!vjcv!ctg! kpecrcdng!qh!ecnewncvkqp!cv!vjg!kpegrvkqp!jgtgqh=!cpf!vjku!coqwpv!ku!pqv!vq!dg!eqpukfgtgf! 9 kp!vjg!pcvwtg!qh!c!rgpcnv{/!!Vjg!Ekv{!ujcnn!jcxg!vjg!tkijv!vq!fgfwev!uwej!fcocigu!htqo! cp{!coqwpv!fwg-!qt!vjcv!oc{!dgeqog!fwg!vq!vjg!Eqpvtcevqt-!qt!vjg!coqwpv!qh!uwej! fcocigu!ujcnn!dg!fwg!cpf!eqnngevkdng!htqo!vjg!Eqpvtcevqt!qt!vjg!Eqpvtcevqt”u!Uwtgv{/!! Rtqitguu! rc{ogpvu! ocfg!chvgt!vjg! uejgfwngf! eqorngvkqp! fcvg! ujcnn!pqv!eqpuvkvwvg!c! yckxgt!qh!nkswkfcvgf!fcocigu/! ! 9/! ! Uwurgpukqp/!!Ekv{!oc{-!kp!ytkvkpi-!qtfgt!Eqpvtcevqt!vq!uwurgpf!cnn!qt!cp{!! rctv! qh! vjg! Eqpvtcevqt”u! Ugtxkegu! hqt! vjg! eqpxgpkgpeg! qh! Ekv{! qt! hqt! yqtm! uvqrrcigu! dg{qpf!vjg!eqpvtqn!qh!Ekv{!qt!Eqpvtcevqt/!!C!uwurgpukqp!qh!vjg!Ugtxkegu!fqgu!pqv!xqkf! vjku!Eqpvtcev/! ! ;/! ! Pqvkegu/!!Cp{!pqvkegu-!dknnu-!kpxqkegu-!qt!tgrqtvu!cwvjqtk|gf!qt!tgswktgf!d{!! vjku!Eqpvtcev!ujcnn!dg!kp!ytkvkpi!cpf!ujcnn!dg!fggogf!tgegkxgf!qp!)c*!vjg!fc{!qh!fgnkxgt{! kh!fgnkxgtgf!d{!jcpf!qt!qxgtpkijv!eqwtkgt!ugtxkeg!fwtkpi!Eqpvtcevqt”u!cpf!Ekv{”u!tgiwnct! dwukpguu!jqwtu!qt!d{!hceukokng!dghqtg!qt!fwtkpi!Eqpvtcevqt”u!tgiwnct!dwukpguu!jqwtu=!qt! )d*! qp! vjg! vjktf! dwukpguu! fc{! hqnnqykpi! fgrqukv! kp! vjg! Wpkvgf! Uvcvgu! ockn-! rquvcig! rtgrckf-! vq! vjg! cfftguugu! jgtgvqhqtg! ugv! hqtvj! kp! vjg! Eqpvtcev-! qt! vq! uwej! qvjgt! cfftguugu!cu!vjg!rctvkgu!oc{-!htqo!vkog!vq!vkog-!fgukipcvg!kp!ytkvkpi!rwtuwcpv!vq!vjg! rtqxkukqpu!qh!vjku!Ugevkqp/!!Cnn!pqvkegu!ujcnn!dg!cfftguugf!cu!hqnnqyu<! ! !Kh!vq!Ekv{<! Ekv{!Engtm!! !!Ekv{!qh!Ugcn!Dgcej! !!322.9vj!Uvtggv! !!Ugcn!Dgcej-!Ecnkhqtpkc!;1851! !!Vgngrjqpg<!)673*!542.3638! !!Hcz<!)673*!5;4.;968! ! !!Ykvj!c!eqr{!vq<! !!Rwdnke!Yqtmu!Fktgevqt! !!Ekv{!qh!Ugcn!Dgcej! !!322.9vj!Uvtggv! !!Ugcn!Dgcej-!Ecnkhqtpkc!;1851! ! !Kh!vq!Eqpvtcevqt<! J\U!Gpikpggtkpi!Kpe/!Fdc!J\U!Eqpuvtwevkqp! !!2514!P/!Dcvcxkc!Uv/!Wpkv!219! !!Qtcpig-!EC!;3978! !!Vgngrjqpg<!);5;*!526.;667! !!Cvvp<!Jcokf!Ujgmctcok|! ! 21/!! Pqp.Cuukipcdknkv{=!Uwdeqpvtcevkpi/!!Eqpvtcevqt!ujcnn!pqv!cuukip-!vtcpuhgt-!! qt!uwdeqpvtcev!cp{!kpvgtguv!kp!vjku!Eqpvtcev!qt!vjg!rgthqtocpeg!qh!cp{!qh!Eqpvtcevqt”u! qdnkicvkqpu!jgtgwpfgt/!!Cp{!cvvgorv!d{!Eqpvtcevqt!vq!uq!cuukip-!vtcpuhgt-!qt!uwdeqpvtcev! cp{!tkijvu-!fwvkgu-!qt!qdnkicvkqpu!ctkukpi!jgtgwpfgt!ujcnn!dg!pwnn-!xqkf!cpf!qh!pq!ghhgev/! ! 22/!! Eqornkcpeg!ykvj!Ncyu/!!Eqpvtcevqt!ujcnn!eqorn{!ykvj!cnn!crrnkecdng!hgfgtcn-!! uvcvg!cpf!nqecn!ncyu-!qtfkpcpegu-!eqfgu!cpf!tgiwncvkqpu!kp!hqteg!cv!vjg!vkog!Eqpvtcevqt! rgthqtou!vjg!Ugtxkegu/! ! 23/!! Pqp.Yckxgt!qh!Vgtou-!Tkijvu!cpf!Tgogfkgu/!!Yckxgt!d{!gkvjgt!rctv{!qh!! 10 cp{!qpg!qt!oqtg!qh!vjg!eqpfkvkqpu!qh!rgthqtocpeg!wpfgt!vjku!Eqpvtcev!ujcnn!pqv!dg!c! yckxgt!qh!cp{!qvjgt!eqpfkvkqp!qh!rgthqtocpeg!wpfgt!vjku!Eqpvtcev/!!Kp!pq!gxgpv!ujcnn!vjg! ocmkpi!d{!Ekv{!qh!cp{!rc{ogpv!vq!Eqpvtcevqt!eqpuvkvwvg!qt!dg!eqpuvtwgf!cu!c!yckxgt!d{! Ekv{! qh!cp{! dtgcej! qh! eqxgpcpv-! qt! cp{! fghcwnv! yjkej!oc{! vjgp! gzkuv! qp! vjg! rctv! qh! Eqpvtcevqt-! cpf! vjg! ocmkpi!qh! cp{! uwej! rc{ogpv! d{! Ekv{! ujcnn! kp! pq! yc{! korckt! qt! rtglwfkeg!cp{!tkijv!qt!tgogf{!cxckncdng!vq!Ekv{!ykvj!tgictf!vq!uwej!dtgcej!qt!fghcwnv/! ! 24/!! Cvvqtpg{u”!Hggu/!!Kp!vjg!gxgpv!vjcv!gkvjgt!rctv{!vq!vjku!Eqpvtcev!ujcnn!! eqoogpeg!cp{!ngicn!cevkqp!qt!rtqeggfkpi!vq!gphqteg!qt!kpvgtrtgv!vjg!rtqxkukqpu!qh!vjku! Eqpvtcev-!gcej!rctv{!ujcnn!dg!tgurqpukdng!hqt!vjgkt!qyp!cvvqtpg{u”!hggu/! ! 25/!! Eqpuvtwevkqp/!!Vjg!xcnkfkv{-!kpvgtrtgvcvkqp-!cpf!rgthqtocpeg!qh!vjku!! Eqpvtcev!ujcnn!dg!eqpvtqnngf!d{!cpf!eqpuvtwgf!wpfgt!vjg!ncyu!qh!vjg!Uvcvg!qh!Ecnkhqtpkc-! ykvj!xgpwg!kp!Qtcpig!Eqwpv{-!Ecnkhqtpkc/!!Kp!vjg!gxgpv!qh!cp{!cuugtvgf!codkiwkv{!kp-!qt! fkurwvg! tgictfkpi! vjg! kpvgtrtgvcvkqp! qh! cp{! ocvvgt! jgtgkp-! vjg! kpvgtrtgvcvkqp! qh! vjku! Eqpvtcev!ujcnn!pqv!dg!tguqnxgf!d{!cp{!twngu!qh!kpvgtrtgvcvkqp!rtqxkfkpi!hqt!kpvgtrtgvcvkqp! cickpuv!vjg!rctv{!yjq!ecwugu!vjg!wpegtvckpv{!vq!gzkuv!qt!cickpuv!vjg!rctv{!yjq!ftchvgf! vjg!Eqpvtcev!qt!yjq!ftchvgf!vjcv!rqtvkqp!qh!vjg!Eqpvtcev/! ! 26/!! Yqtmgtu”!Eqorgpucvkqp/!!Ncdqt!Eqfg!Ugevkqpu!2971!cpf!4811!rtqxkfg! !vjcv! gxgt{!eqpvtcevqt!yknn! dg!tgswktgf! vq! ugewtg!vjg! rc{ogpv! qh!eqorgpucvkqp!vq!kvu! gornq{ggu/!!Kp!ceeqtfcpeg!ykvj!vjg!rtqxkukqpu!qh!Ncdqt!Eqfg!Ugevkqp!2972-!d{!ukipkpi! vjku!Eqpvtcev-!vjg!Eqpvtcevqt!egtvkhkgu!cu!hqnnqyu<! ! •K!co!cyctg!qh!vjg!rtqxkukqpu!qh!Ugevkqp!4811!qh!vjg!Ncdqt!Eqfg!yjkej! tgswktg! gxgt{! gornq{gt! vq! dg! kpuwtgf! cickpuv! nkcdknkv{! hqt! yqtmgtu”! eqorgpucvkqp! qt! vq! wpfgtvcmg! ugnh.kpuwtcpeg! kp! ceeqtfcpeg! ykvj! vjg! rtqxkukqpu! qh! vjcv! Eqfg-! cpf! K! yknn! eqorn{! ykvj! uwej! rtqxkukqpu! dghqtg! eqoogpekpi!vjg!rgthqtocpeg!qh!vjg!Yqtm!qh!vjku!Eqpvtcev/–! ! 27/!! Rtgxcknkpi!Ycigu/!!Vjg!Ekv{!cpf!vjg!Eqpvtcevqt!cempqyngfig!vjcv!vjg! Rtqlgev! ku! c! rwdnke! yqtm! vq! yjkej!rtgxcknkpi! ycigu! crrn{! cpf! uwdlgev! vq! eqornkcpeg! oqpkvqtkpi!d{!vjg!Ecnkhqtpkc!Fgrctvogpv!qh!Kpfwuvtkcn!Tgncvkqpu!)FKT*-!cpf!Eqpvtcevqt! ujcnn!eqorn{!kp!cnn!tgurgevu!ykvj!cnn!crrnkecdng!rtqxkukqpu!qh!vjg!Ecnkhqtpkc!Ncdqt!Eqfg-! kpenwfkpi!dwv!pqv!nkokvgf!vq!vjqug!ugv!hqtvj!kp!Gzjkdkvu!G!cpf!H-!cvvcejgf!jgtgvq-!cpf!vjg! twngu!cpf!tgiwncvkqpu!guvcdnkujgf!d{!vjg!FKT!kp!korngogpvkpi!uwej!uvcvwvgu-!cu!vjqwij! gzrtguun{!ugv!hqtvj!jgtgkp-!kpenwfkpi!cp{!crrnkecdng!cogpfogpvu!ocfg!vjgtgvq!fwtkpi! vjg! vgto! qh! vjku! Eqpvtcev/! ! Hqt! gxgt{! Uwdeqpvtcevqt! yjq! yknn! rgthqto! yqtm! qp! vjku! Rtqlgev-!Eqpvtcevqt!ujcnn!dg!tgurqpukdng!hqt!uwej!Uwdeqpvtcevqt”u!eqornkcpeg!ykvj!vjg! Ncdqt! Eqfg! rtqxkukqpu! cpf! FKT! twngu! cpf! tgiwncvkqpu-! cpf! Eqpvtcevqt! ujcnn! vcmg! cnn! pgeguuct{!cevkqpu!vq!gpuwtg!Uwdeqpvtcevqt”u!eqornkcpeg/!!Ncdqt!Eqfg!Ugevkqp!2836/6! tgswktgu!cnn! Eqpvtcevqtu! cpf! Uwdeqpvtcevqtu! vq! cppwcnn{! tgikuvgt! ykvj! vjg! FKT! dghqtg! dkffkpi!qt!rgthqtokpi!qp!cp{!rwdnke!yqtm!eqpvtcev/! ! 28/!! Encko!Fkurwvg!Tguqnwvkqp/!!! ! 28/2! ! Kp!vjg!gxgpv!qh!cp{!fkurwvg!qt!eqpvtqxgtu{!ykvj!vjg!Ekv{!qxgt!cp{! ocvvgt!yjcvuqgxgt-!vjg!Eqpvtcevqt!ujcnn!pqv!ecwug!cp{!fgnc{!qt!eguucvkqp!kp!qt!qh!Yqtm-! dwv!ujcnn!rtqeggf!ykvj!vjg!rgthqtocpeg!qh!vjg!Yqtm!kp!fkurwvg/!Eqpvtcevqt!ujcnn!tgvckp! 11 cp{! cpf! cnn! tkijvu! rtqxkfgf! vjcv! rgtvckp! vq! vjg! tguqnwvkqp! qh! fkurwvgu! cpf! rtqvguvu! dgvyggp! vjg! rctvkgu/! Vjg! Fkurwvgf! Yqtm! yknn! dg! ejctcevgtk|gf! cu! cp! •wptguqnxgf! fkurwvg–!cpf!rc{ogpv-!kh!cp{-!ujcnn!dg!cu!ncvgt!fgvgtokpgf!d{!owvwcn!citggogpv!qt!c! eqwtv! qh! ncy/! Eqpvtcevqt! ujcnn! mggr! ceewtcvg-! fgvckngf! tgeqtfu! qh! cnn! Fkurwvgf! Yqtm-! enckou!cpf!qvjgt!fkurwvgf!ocvvgtu/! ! 28/3! ! Cnn!enckou!ctkukpi!qwv!qh!qt!tgncvgf!vq!vjg!Eqpvtcev!Fqewogpvu!qt! vjku! Rtqlgev-! cpf! vjg! eqpukfgtcvkqp! cpf! rc{ogpv! qh! uwej! enckou-! ctg! uwdlgev! vq! vjg! Iqxgtpogpv!Enckou!Cev!)Iqxgtpogpv!Eqfg!Ugevkqp!921!gv!ugs/*!ykvj!tgictf!vq!hknkpi! enckou/! Cnn! uwej! enckou! ctg! cnuq! uwdlgev! vq! Rwdnke! Eqpvtcev! Eqfg! Ugevkqp! ;315! cpf! Rwdnke! Eqpvtcev! Eqfg! Ugevkqp! 31215!gv! ugs/! )Ctvkeng! 2/6*-! yjgtg! crrnkecdng/! Vjku! Eqpvtcev!jgtgd{!kpeqtrqtcvgu!vjqug!rtqxkukqpu!cu!vjqwij!hwnn{!ugv!hqtvj!jgtgkp/!Vjwu-! Eqpvtcevqt!qt!cp{!Uwdeqpvtcevqt!owuv!hkng!c!encko!kp!ceeqtfcpeg!ykvj!vjg!Iqxgtpogpv! Enckou!Cev!cu!c!rtgtgswkukvg!vq!hknkpi!c!eqpuvtwevkqp!encko!kp!eqornkcpeg!ykvj!Ugevkqp! ;315!cpf!Ctvkeng!2/6!)kh!crrnkecdng*-!cpf!owuv!vjgp!cfjgtg!vq!Ctvkeng!2/6!cpf!Ugevkqp! ;315-!cu!crrnkecdng-!rwtuwcpv!vq!vjg!fghkpkvkqp!qh!•encko–!cu!kpfkxkfwcnn{!fghkpgf!vjgtgkp/! ! 29/!! Cpvkvtwuv! Enckou/! ! Kp! gpvgtkpi! kpvq! vjku! Eqpvtcev-! Eqpvtcevqt! qhhgtu! cpf! citggu!vq!cuukip!vq!Ekv{!cnn!tkijvu-!vkvng-!cpf!kpvgtguv!kp!cpf!vq!cnn!ecwugu!qh!cevkqp!kv!oc{! jcxg!wpfgt!Ugevkqp!5!qh!vjg!Enc{vqp!Cev!)26!W/U/E/!Uge/!'!26*!qt!wpfgt!vjg!Ectvytkijv! Cev!)Dwukpguu!cpf!Rtqhguukqpu!Eqfg!Ugevkqp!27811!gv!ugs/*!ctkukpi!htqo!rwtejcugu!qh! iqqfu-! ugtxkegu-! qt! ocvgtkcnu! rwtuwcpv! vq! vjg! Citggogpv/! Vjku! cuukipogpv! ujcnn! dg! ocfg!cpf!dgeqog!ghhgevkxg!cv!vjg!vkog!Ekv{!vgpfgtu!hkpcn!rc{ogpv!vq!Eqpvtcevqt!ykvjqwv! hwtvjgt!cempqyngfiogpv!d{!vjg!rctvkgu/! ! 2;/!! Rtqjkdkvgf!Kpvgtguvu=!Eqphnkev!qh!Kpvgtguv! ! 2;/2/! Eqpvtcevqt!eqxgpcpvu!vjcv!kv!rtgugpvn{!jcu!pq!kpvgtguv!cpf!ujcnn!pqv! ceswktg!cp{!kpvgtguv-!fktgev!qt!kpfktgev-!yjkej!oc{!dg!chhgevgf!d{!vjg!Yqtm-!qt!yjkej! yqwnf!eqphnkev!kp!cp{!ocppgt!ykvj!vjg!rgthqtocpeg!qh!vjg!Yqtm!wpfgt!vjku!Citggogpv/! Eqpvtcevqt!hwtvjgt!eqxgpcpvu!vjcv-!kp!rgthqtocpeg!qh!vjku!Citggogpv-!pq!rgtuqp!jcxkpi! cp{! uwej! kpvgtguv! ujcnn! dg! gornq{gf! d{! kv/! Hwtvjgtoqtg-! Eqpvtcevqt! ujcnn! cxqkf! vjg! crrgctcpeg! qh! jcxkpi! cp{! kpvgtguv-! yjkej! yqwnf! eqphnkev! kp! cp{! ocppgt! ykvj! vjg! rgthqtocpeg! qh! vjg! Yqtm/! Eqpvtcevqt! ujcnn! pqv! ceegrv! cp{! gornq{ogpv! qt! tgrtgugpvcvkqp! fwtkpi! vjg! vgto! qh! vjku! Citggogpv! yjkej! ku! qt! oc{! nkmgn{! ocmg! Eqpvtcevqt!•hkpcpekcnn{!kpvgtguvgf–!)cu!rtqxkfgf!kp!Ecnkhqtpkc!Iqxgtpogpv!Eqfg!©©!21;1! cpf! 98211*! kp! cp{! fgekukqp! ocfg! d{! Ekv{! qp! cp{! ocvvgt! kp! eqppgevkqp! ykvj! yjkej! Eqpvtcevqt!jcu!dggp!tgvckpgf/! ! 2;/3/! Eqpvtcevqt!hwtvjgt!ycttcpvu!cpf!ockpvckpu!vjcv!kv!jcu!pqv!gornq{gf! qt!tgvckpgf!cp{!rgtuqp!qt!gpvkv{-!qvjgt!vjcp!c!dqpc!hkfg!gornq{gg!yqtmkpi!gzenwukxgn{! hqt!Eqpvtcevqt-!vq!uqnkekv!qt!qdvckp!vjku!Citggogpv/!Pqt!jcu!Eqpvtcevqt!rckf!qt!citggf!vq! rc{! cp{! rgtuqp! qt! gpvkv{-! qvjgt! vjcp! c! dqpc! hkfg! gornq{gg! yqtmkpi! gzenwukxgn{! hqt! Eqpvtcevqt-! cp{! hgg-! eqookuukqp-! ikhv-! rgtegpvcig-! qt! cp{! qvjgt! eqpukfgtcvkqp! eqpvkpigpv!wrqp!vjg!gzgewvkqp!qh!vjku!Citggogpv/!Wrqp!cp{!dtgcej!qt!xkqncvkqp!qh!vjku! ycttcpv{-!Ekv{!ujcnn!jcxg!vjg!tkijv-!cv!kvu!uqng!cpf!cduqnwvg!fkuetgvkqp-!vq!vgtokpcvg!vjku! Citggogpv!ykvjqwv!hwtvjgt!nkcdknkv{-!qt!vq!fgfwev!htqo!cp{!uwou!rc{cdng!vq!Eqpvtcevqt! jgtgwpfgt!vjg!hwnn!coqwpv!qt!xcnwg!qh!cp{!uwej!hgg-!eqookuukqp-!rgtegpvcig!qt!ikhv/! ! 12 2;/4/! Eqpvtcevqt!ycttcpvu!cpf!ockpvckpu!vjcv!kv!jcu!pq!mpqyngfig!vjcv! cp{!qhhkegt!qt!gornq{gg!qh!Ekv{!jcu!cp{!kpvgtguv-!yjgvjgt!eqpvtcevwcn-!pqp.eqpvtcevwcn-! hkpcpekcn-!rtqrtkgvct{-!qt!qvjgtykug-!kp!vjku!vtcpucevkqp!qt!kp!vjg!dwukpguu!qh!Eqpvtcevqt-! cpf!vjcv!kh!cp{!uwej!kpvgtguv!eqogu!vq!vjg!mpqyngfig!qh!Eqpvtcevqt!cv!cp{!vkog!fwtkpi! vjg! vgto! qh! vjku! Citggogpv-! Eqpvtcevqt! ujcnn! koogfkcvgn{! ocmg! c! eqorngvg-! ytkvvgp! fkuenquwtg! qh! uwej! kpvgtguv! vq! Ekv{-! gxgp! kh! uwej! kpvgtguv! yqwnf! pqv! dg! fggogf! c! rtqjkdkvgf!•eqphnkev!qh!kpvgtguv–!wpfgt!crrnkecdng!ncyu!cu!fguetkdgf!kp!vjku!uwdugevkqp/! ! 31/!! Gpvktg!Citggogpv/!!Vjku!Eqpvtcev-!kpenwfkpi!cp{!qvjgt!fqewogpvu!! kpeqtrqtcvgf! jgtgkp! d{! urgekhke! tghgtgpeg-! tgrtgugpvu! vjg! gpvktg! cpf! kpvgitcvgf! citggogpv! dgvyggp!Eqpvtcevqt! cpf!Ekv{/!! Vjku! Eqpvtcev! uwrgtugfgu! cnn! rtkqt!qtcn! qt! ytkvvgp! pgiqvkcvkqpu-! tgrtgugpvcvkqpu-! qt! citggogpvu/! ! Vjku! Eqpvtcev! oc{! pqv! dg! cogpfgf-!pqt!cp{!rtqxkukqp!qt!dtgcej!jgtgqh!yckxgf-!gzegrv!kp!c!ytkvkpi!ukipgf!d{!vjg! rctvkgu!yjkej!gzrtguun{!tghgtu!vq!vjku!Eqpvtcev/! ! 32/!! Ugxgtcdknkv{/!!Vjg!kpxcnkfkv{!kp!yjqng!qt!kp!rctv!qh!cp{!rtqxkukqpu!qh!vjku!! Eqpvtcev!ujcnn!pqv!xqkf!qt!chhgev!vjg!xcnkfkv{!qh!vjg!qvjgt!rtqxkukqpu!qh!vjku!Eqpvtcev/! ! 33/!! Vkvngu!cpf!Jgcfkpiu/!!Vjg!vkvngu!cpf!jgcfkpiu!wugf!kp!vjku!Eqpvtcev!ctg!hqt! eqpxgpkgpeg!qpn{!cpf!ujcnn!kp!pq!yc{!fghkpg-!nkokv!qt!fguetkdg!vjg!ueqrg!qt!kpvgpv!qh!vjku! Eqpvtcev!qt!cp{!rctv!qh!kv/! ! 34/!! Cwvjqtkv{/!!Cp{!rgtuqp!gzgewvkpi!vjku!Eqpvtcev!qp!dgjcnh!qh!Eqpvtcevqt!! ycttcpvu!cpf!tgrtgugpvu!vjcv!jg!qt!ujg!jcu!vjg!cwvjqtkv{!vq!gzgewvg!vjku!Eqpvtcev!qp! dgjcnh!qh!Eqpvtcevqt!cpf!jcu!vjg!cwvjqtkv{!vq!dkpf!Eqpvtcevqt!vq!vjg!rgthqtocpeg!qh!kvu! qdnkicvkqpu!jgtgwpfgt/! ! 35/!! Eqwpvgtrctvu/!!Vjku!Eqpvtcev!oc{!dg!gzgewvgf!kp!eqwpvgtrctv!qtkikpcnu-!! fwrnkecvg!qtkikpcnu-!qt!dqvj-!gcej!qh!yjkej!ku!fggogf!vq!dg!cp!qtkikpcn!hqt!cnn!rwtrqugu/! ! ]UKIPCVWTGU!QP!HQNNQYKPI!RCIG_! 13 KP! YKVPGUU! YJGTGQH-! vjg! rctvkgu-! vjtqwij! vjgkt! tgurgevkxg! cwvjqtk|gf! tgrtgugpvcvkxgu-!jcxg!gzgewvgf!vjku!Eqpvtcev!cu!qh!vjg!fcvg!hktuv!ytkvvgp!cdqxg/! ! EKV[!QH!UGCN!DGCEJ! ! ! ! ! ! EQPVTCEVQT<! ! D{<!aaaaaaaaaaaaaaaaaaaaaaaaaaa! ! D{<!aaaaaaaaaaaaaaaaaaaaaaaaaaaa! ! !!Lknn!T/!Kpitco-!Ekv{!Ocpcigt! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! Pcog<aaaaaaaaaaaaaaaaaaaaaaaaaa! Cvvguv<!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! Vkvng<!aaaaaaaaaaaaaaaaaaaaaaaaaaa! D{<!!aaaaaaaaaaaaaaaaaaaaaaaaaaa! ! Inqtkc!F/!Jctrgt-!Ekv{!Engtm! ! ! ! D{<!aaaaaaaaaaaaaaaaaaaaaaaaaaaa! ! ! ! ! ! ! ! ! Crrtqxgf!cu!vq!Hqto<! ! ! ! ! ! ! Pcog<aaaaaaaaaaaaaaaaaaaaaaaaaa! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! Vkvng<!aaaaaaaaaaaaaaaaaaaaaaaaaaa! D{<!aaaaaaaaaaaaaaaaaaaaaaaaaaa! !)Rngcug!pqvg-!vyq!ukipcvwtgu!tgswktgf!hqt!! ! Pkejqncu!T/!Ijktgnnk-!Ekv{!Cvvqtpg{!! !eqtrqtcvkqpu!rwtuwcpv!vq!Ecnkhqtpkc!Eqtrqtcvkqpu! ! ! ! ! ! ! ! ! ! ! ! ! ! !Eqfg!Ugevkqp!424/! Hamid Shekaramiz President Hamid Shekaramiz Secretary 14 GZJKDKV!C! ! HCKVJHWN!RGTHQTOCPEG!DQPF! ! 15 27! ! Dqpf!Pq/!aaaaaaaaaa! RGTHQTOCPEG!DQPF! MPQY!CNN!RGTUQPU!D[!VJGUG!RTGUGPVU!vjcv<! YJGTGCU!vjg!Ekv{!qh!Ugcn!Dgcej!)•Ekv{–*-!jcu!cyctfgf!vq!!!!!!!!!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!!!!!!!!!!!!!!!!!!!)•Rtkpekrcn–*! ! ! ! ! !! !)Pcog!cpf!cfftguu!qh!Eqpvtcevqt*! c!eqpvtcev!)vjg!•Eqpvtcev–*!hqt!vjg!Yqtm!fguetkdgf!cu!hqnnqyu<! RKGT!EQPETGVG!CDWVOGPV!TGUVQTCVKQP! !)EKR!DR3312*!! ! ! ! ! ! ! ! ! ! ! ! ! !)Rtqlgev!pcog*! YJGTGCU-! Rtkpekrcn! ku! tgswktgf!wpfgt! vjg!vgtou! qh! vjg! Eqpvtcev! vq! hwtpkuj! c! Dqpf!hqt! vjg! hckvjhwn!rgthqtocpeg!qh!vjg!Eqpvtcev/! PQY-!VJGTGHQTG-!yg-!vjg!wpfgtukipgf!Rtkpekrcn-!cpf!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! -! ! ! ! ! !)Pcog!cpf!cfftguu!qh!Uwtgv{*! )•Uwtgv{–*!c!fwn{!cfokvvgf!uwtgv{!kpuwtgt!wpfgt!vjg!ncyu!qh!vjg!Uvcvg!qh!Ecnkhqtpkc-!cu!Uwtgv{-!ctg! jgnf!cpf!hkton{!dqwpf!wpvq!vjg!Ekv{!kp!vjg!rgpcn!uwo!qh!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! Fqnnctu!)%! ! ! ! ! ! ! *-!vjku!coqwpv!dgkpi!pqv!nguu!vjcp!vjg!vqvcn!Eqpvtcev!Rtkeg-!kp! ncyhwn!oqpg{!qh!vjg!Wpkvgf!Uvcvgu!qh!Cogtkec-!hqt!vjg!rc{ogpv!qh!yjkej!uwo!ygnn!cpf!vtwn{!vq!dg! ocfg-! yg! dkpf! qwtugnxgu-! qwt! jgktu-! uweeguuqtu! gzgewvqtu! cpf! cfokpkuvtcvqtu-! lqkpvn{! cpf! ugxgtcnn{-!hkton{!d{!vjgug!rtgugpvu/! VJG!EQPFKVKQP!QH!VJKU!QDNKICVKQP!KU!UWEJ!VJCV-!kh!vjg!jgtgd{!dqwpfgf!Rtkpekrcn-!jku-! jgt!qt!kvu!jgktu-!gzgewvqtu-!cfokpkuvtcvqtu-!uweeguuqtu!qt!cuukipu-!ujcnn!kp!cnn!vjkpiu!uvcpf!vq!cpf! cdkfg!d{-!cpf!ygnn!cpf!vtwn{!mggr!cpf!rgthqto!vjg!eqxgpcpvu-!eqpfkvkqpu!cpf!rtqxkukqpu!kp!vjg! Eqpvtcev!cpf!cp{!cnvgtcvkqp!vjgtgqh!ocfg!cu!vjgtgkp!rtqxkfgf-!qp!vjg!Rtkpekrcn”u!rctv-!vq!dg!mgrv! cpf!rgthqtogf!cv!vjg!vkog!cpf!kp!vjg!ocppgt!vjgtgkp!urgekhkgf-!cpf!kp!cnn!tgurgevu!ceeqtfkpi!vq! vjgkt! vtwg! kpvgpv! cpf! ogcpkpi-! cpf! ujcnn! kpfgopkh{! cpf! ucxg! jctonguu! vjg! Ekv{-! kvu! qhhkegtu-! cigpvu!cpf!gornq{ggu-!cu!vjgtgkp!uvkrwncvgf-!vjgp!vjku!qdnkicvkqp!ujcnn!dgeqog!pwnn!cpf!xqkf=! qvjgtykug-!kv!ujcnn!dg!cpf!tgockp!kp!hwnn!hqteg!cpf!ghhgev/! Cu!c!rctv!qh!vjg!qdnkicvkqp!ugewtgf!jgtgd{!cpf!kp!cffkvkqp!vq!vjg!hceg!coqwpv!urgekhkgf!vjgtghqt-!vjgtg! ujcnn!dg!kpenwfgf!equvu!cpf!tgcuqpcdng!gzrgpugu!cpf!hggu-!kpenwfkpi!tgcuqpcdng!cvvqtpg{u”!hggu-!kpewttgf! d{!Ekv{!kp!uweeguuhwnn{!gphqtekpi!uwej!qdnkicvkqp-!cnn!vq!dg!vczgf!cu!equvu!cpf!kpenwfgf!kp!cp{!lwfiogpv! tgpfgtgf/!!Uwtgv{!jgtgd{!yckxgu!cp{!uvcvwvg!qh!nkokvcvkqpu!cu!kv!crrnkgu!vq!cp!cevkqp!qp!vjku!Dqpf/! Vjg! Uwtgv{! jgtgd{! uvkrwncvgu! cpf! citggu! vjcv! pq! ejcpig-! gzvgpukqp! qh! vkog-! cnvgtcvkqp! qt! cffkvkqp! vq! vjg! vgtou! qh! vjg! Eqpvtcev! qt! qh! vjg! Yqtm! vq! dg! rgthqtogf! vjgtgwpfgt! qt! vjg! urgekhkecvkqpu!ceeqorcp{kpi!vjg!ucog!ujcnn!kp!cp{ykug!chhgev!kvu!qdnkicvkqpu!wpfgt!vjku!Dqpf-! cpf!kv!fqgu!jgtgd{!yckxg!pqvkeg!qh!cp{!uwej!ejcpig-!gzvgpukqp!qh!vkog-!cnvgtcvkqp!qt!cffkvkqp!vq! vjg!vgtou!qh!vjg!Eqpvtcev!qt!vq!vjg!Yqtm!qt!vq!vjg!urgekhkecvkqpu/!!Uwtgv{!jgtgd{!yckxgu!vjg! rtqxkukqpu!qh!Ecnkhqtpkc!Ekxkn!Eqfg!Ugevkqpu!3956!cpf!395;/!!Vjg!Ekv{!ku!vjg!rtkpekrcn!dgpghkekct{! qh!vjku!Dqpf!cpf!jcu!cnn!tkijvu!qh!c!rctv{!jgtgvq/! 28! ! KP!YKVPGUU!YJGTGQH-!vyq!)3*!kfgpvkecn!eqwpvgtrctvu!qh!vjku!kpuvtwogpv-!gcej!qh!yjkej!ujcnn! hqt! cnn! rwtrqugu! dg! fggogf! cp! qtkikpcn! jgtgqh-! jcxg! dggp! fwn{! gzgewvgf! d{! Rtkpekrcn! cpf! Uwtgv{-!qp!vjg!fcvg!ugv!hqtvj!dgnqy-!vjg!pcog!qh!gcej!eqtrqtcvg!rctv{!dgkpi!jgtgvq!chhkzgf!cpf! vjgug! rtgugpvu! fwn{! ukipgf! d{! kvu! wpfgtukipgf! tgrtgugpvcvkxg)u*! rwtuwcpv! vq! cwvjqtkv{! qh! kvu! iqxgtpkpi!dqf{/! Fcvgf<!!! ! ! ! ! ! ! ! •Rtkpekrcn–! ! !! ! !! ! ! D{<!!!! Kvu! ! ! D{<!!!! Kvu! ! ! ! ! ! ! !)Ugcn*! ! ! ! !! •Uwtgv{–! ! ! ! ! ! ! D{<!!! Kvu! ! ! D{<!!! Kvu! ! ! ! ! ! ! !)Ugcn*! Pqvg<! Vjku!Dqpf!owuv!dg!gzgewvgf!kp!fwrnkecvg!cpf!fcvgf-!cnn!ukipcvwtgu!owuv!dg!pqvctk|gf-!cpf!gxkfgpeg!qh! vjg!cwvjqtkv{!qh!cp{!rgtuqp!ukipkpi!cu!cvvqtpg{.kp.hcev!owuv!dg!cvvcejgf/!!FCVG!QH!DQPF!OWUV!PQV! DG! DGHQTG! FCVG! QH! EQPVTCEV/! ! Uwtgv{! eqorcpkgu! gzgewvkpi! Dqpfu! owuv! crrgct! qp! vjg! Vtgcuwt{!Fgrctvogpv”u!oquv!ewttgpv!nkuv!)Ektewnct!681!cu!cogpfgf*!cpf!dg!cwvjqtk|gf!vq!vtcpucev! dwukpguu!kp!vjg!Uvcvg!yjgtg!vjg!rtqlgev!ku!nqecvgf/! 29! ! ! GZJKDKV!D! ! RC[OGPV!DQPF!)NCDQT!CPF!OCVGTKCNU*! ! ! 2;! ! Dqpf!Pq/!aaaaaaaaaa! RC[OGPV!DQPF! )NCDQT!CPF!OCVGTKCNU*! MPQY!CNN!RGTUQPU!D[!VJGUG!RTGUGPVU!vjcv<! YJGTGCU!vjg!Ekv{!qh!Ugcn!Dgcej!)•Ekv{–*-!Uvcvg!qh!Ecnkhqtpkc-!jcu!cyctfgf!vq!!!!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!!!!!!!!!!!!!!!!!!!)•Rtkpekrcn–*! ! ! ! ! ! !)Pcog!cpf!cfftguu!qh!Eqpvtcevqt*! c!eqpvtcev!)vjg!•Eqpvtcev–*!hqt!vjg!Yqtm!fguetkdgf!cu!hqnnqyu<! RKGT!EQPETGVG!CDWVOGPV!TGUVQTCVKQP! !)EKR!DR3312*!! !! ! ! ! ! ! ! ! ! ! ! ! !)Rtqlgev!pcog*! YJGTGCU-!wpfgt!vjg!vgtou!qh!vjg!Eqpvtcev-!vjg!Rtkpekrcn!ku!tgswktgf!dghqtg!gpvgtkpi!wrqp!vjg! rgthqtocpeg!qh!vjg!Yqtm-!vq!hkng!c!iqqf!cpf!uwhhkekgpv!rc{ogpv!Dqpf!ykvj!vjg!Ekv{!vq!ugewtg!vjg! enckou! vq! yjkej! tghgtgpeg! ku! ocfg! kp! Vkvng! 4! )eqoogpekpi! ykvj! Ugevkqp! ;111*! qh! Rctv!7! qh! Fkxkukqp!5!qh!vjg!Ekxkn!Eqfg/! PQY-!VJGTGHQTG-!yg-!vjg!wpfgtukipgf!Rtkpekrcn-!cpf!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !)Pcog!cpf!cfftguu!qh!Uwtgv{*! )•Uwtgv{–*!c!fwn{!cfokvvgf!uwtgv{!kpuwtgt!wpfgt!vjg!ncyu!qh!vjg!Uvcvg!qh!Ecnkhqtpkc-!cu!Uwtgv{-!ctg! jgnf! cpf! hkton{! dqwpf! wpvq! vjg! Ekv{! cpf! cnn! eqpvtcevqtu-! uwdeqpvtcevqtu-! ncdqtgtu-! ocvgtkcn! uwrrnkgtu-!cpf!qvjgt!rgtuqpu!gornq{gf!kp!vjg!rgthqtocpeg!qh!vjg!Eqpvtcev!cpf!tghgttgf!vq!kp! Vkvng!4!)eqoogpekpi!ykvj!Ugevkqp!;111*!qh!Rctv!7!qh!Fkxkukqp!5!qh!vjg!Ekxkn!Eqfg!kp!vjg!rgpcn!uwo! qh!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! Fqnnctu!)%! ! ! ! ! *-!hqt!ocvgtkcnu!hwtpkujgf!qt!ncdqt!vjgtgqp!qh!cp{!mkpf-!qt!hqt!coqwpvu! fwg!wpfgt!vjg!Wpgornq{ogpv!Kpuwtcpeg!Cev!ykvj!tgurgev!vq!vjku!Yqtm!qt!ncdqt-!vjcv!vjg!Uwtgv{! yknn!rc{!vjg!ucog!kp!cp!coqwpv!pqv!gzeggfkpi!vjg!coqwpv!jgtgkpcdqxg!ugv!hqtvj-!cpf!cnuq!kp! ecug!uwkv!ku!dtqwijv!wrqp!vjku!Dqpf-!yknn!rc{-!kp!cffkvkqp!vq!vjg!hceg!coqwpv!vjgtgqh-!equvu!cpf! tgcuqpcdng!gzrgpugu!cpf!hggu-!kpenwfkpi!tgcuqpcdng!cvvqtpg{u”!hggu-!kpewttgf!d{!Ekv{!kp! uweeguuhwnn{!gphqtekpi!vjku!qdnkicvkqp-!vq!dg!cyctfgf!cpf!hkzgf!d{!vjg!eqwtv-!cpf!vq!dg!vczgf!cu! equvu!cpf!vq!dg!kpenwfgf!kp!vjg!lwfiogpv!vjgtgkp!tgpfgtgf/! Kv!ku!jgtgd{!gzrtguun{!uvkrwncvgf!cpf!citggf!vjcv!vjku!Dqpf!ujcnn!kpwtg!vq!vjg!dgpghkv!qh!cp{!cpf! cnn!rgtuqpu-!eqorcpkgu-!cpf!eqtrqtcvkqpu!gpvkvngf!vq!hkng!enckou!wpfgt!Vkvng!4!)eqoogpekpi!ykvj! Ugevkqp!;111*!qh!Rctv!7!qh!Fkxkukqp!5!qh!vjg!Ekxkn!Eqfg-!uq!cu!vq!ikxg!c!tkijv!qh!cevkqp!vq!vjgo!qt! vjgkt!cuukipu!kp!cp{!uwkv!dtqwijv!wrqp!vjku!Dqpf/! Wrqp!gzrktcvkqp!qh!vjg!vkog!ykvjkp!yjkej!vjg!Ecnkhqtpkc!Ncdqt!Eqookuukqpgt!oc{!ugtxg!c!ekxkn! ycig! cpf! rgpcnv{! cuuguuogpv! cickpuv! vjg! rtkpekrcn-! cp{! qh! kvu! uwdeqpvtcevqtu-! qt! dqvj! vjg! rtkpekrcn!cpf!kvu!uwdeqpvtcevqtu!rwtuwcpv!vq!Ncdqt!Eqfg!Ugevkqp!2852-!cpf!wrqp!gzrktcvkqp!qh! vjg!vkog!ykvjkp!yjkej!c!lqkpv!ncdqt!ocpcigogpv!eqookvvgg!oc{!eqoogpeg!cp!cevkqp!cickpuv!vjg! rtkpekrcn-! cp{! qh! kvu! uwdeqpvtcevqtu-!qt!dqvj! vjg! rtkpekrcn! cpf! kvu! uwdeqpvtcevqtu! rwtuwcpv! vq! Ncdqt!Eqfg!Ugevkqp!2882/3-!kh!vjg!eqpfkvkqp!qh!vjku!Dqpf!dg!hwnn{!rgthqtogf-!vjgp!vjku!qdnkicvkqp! ujcnn!dgeqog!pwnn!cpf!xqkf=!qvjgtykug-!kv!ujcnn!dg!cpf!tgockp!kp!hwnn!hqteg!cpf!ghhgev/! ! 31! ! Vjg! Uwtgv{! jgtgd{! uvkrwncvgu! cpf! citggu! vjcv! pq! ejcpig-! gzvgpukqp! qh! vkog-! cnvgtcvkqp-! qt! cffkvkqp!vq!vjg!vgtou!qh!vjg!Eqpvtcev!qt!vjg!Urgekhkecvkqpu!ceeqorcp{kpi!vjg!ucog!ujcnn!kp!cp{! ocppgt!chhgev!kvu!qdnkicvkqpu!qp!vjku!Dqpf-!cpf!kv!fqgu!jgtgd{!yckxg!pqvkeg!qh!cp{!uwej!ejcpig-! gzvgpukqp-!cnvgtcvkqp-!qt!cffkvkqp/! KP!YKVPGUU!YJGTGQH-!vyq!)3*!kfgpvkecn!eqwpvgtrctvu!qh!vjku!kpuvtwogpv-!gcej!qh!yjkej!ujcnn! hqt! cnn! rwtrqugu! dg! fggogf! cp! qtkikpcn! jgtgqh-! jcxg! dggp! fwn{! gzgewvgf! d{! Rtkpekrcn! cpf! Uwtgv{-!qp!vjg!fcvg!ugv!hqtvj!dgnqy-!vjg!pcog!qh!gcej!eqtrqtcvg!rctv{!dgkpi!jgtgvq!chhkzgf!cpf! vjgug! rtgugpvu! fwn{! ukipgf! d{! kvu! wpfgtukipgf! tgrtgugpvcvkxg)u*! rwtuwcpv! vq! cwvjqtkv{! qh! kvu! iqxgtpkpi!dqf{/! Fcvgf<!!!! ! •Rtkpekrcn–! ! !! ! !! ! ! D{<!!!! Kvu! ! ! D{<!!!! Kvu! ! ! ! ! ! ! !)Ugcn*! ! ! ! ! ! ! !! •Uwtgv{–! ! ! ! ! ! ! D{<!!! Kvu! ! ! D{<!!! Kvu! ! ! ! ! ! ! !)Ugcn*! ! ! ! ! Pqvg<! Vjku!Dqpf!owuv!dg!gzgewvgf!kp!fwrnkecvg!cpf!fcvgf-!cnn!ukipcvwtgu!owuv!dg!pqvctk|gf-!cpf!gxkfgpeg! qh!vjg!cwvjqtkv{!qh!cp{!rgtuqp!ukipkpi!cu!cvvqtpg{.kp.hcev!owuv!dg!cvvcejgf/!!FCVG!QH!DQPF!OWUV! PQV!DG!DGHQTG!FCVG!QH!EQPVTCEV/!!Uwtgv{!eqorcpkgu!gzgewvkpi!Dqpfu!owuv!crrgct!qp!vjg! Vtgcuwt{!Fgrctvogpv”u!oquv!ewttgpv!nkuv!)Ektewnct!681!cu!cogpfgf*!cpf!dg!cwvjqtk|gf!vq!vtcpucev! dwukpguu!kp!vjg!Uvcvg!yjgtg!vjg!rtqlgev!ku!nqecvgf/! ! 32! ! !! GZJKDKV!E! ! YQTMGT”U!EQORGPUCVKQP!KPUWTCPEG!EGTVKHKECVG! ! ! 33! ! YQTMGTU”!EQORGPUCVKQP! EGTVKHKECVG!QH!KPUWTCPEG! YJGTGCU-!vjg!Ekv{!qh!Ugcn!Dgcej!)•Ekv{–*!jcu!tgswktgf!egtvckp!kpuwtcpeg!vq!dg!rtqxkfgf!d{<! ! ! ! ! ! ! ! ! ! ! ! ! ! ! PQY!VJGTGHQTG-!vjg!wpfgtukipgf!kpuwtcpeg!eqorcp{!fqgu!jgtgd{!egtvkh{!vjcv!kv!jcu!kuuwgf! vjg!rqnke{!qt!rqnkekgu!fguetkdgf!dgnqy!vq!vjg!hqnnqykpi!pcogf!kpuwtgfu!cpf!vjcv!vjg!ucog!ctg!kp! hqteg!cv!vjku!vkog<! 2/! Vjku!egtvkhkecvg!ku!kuuwgf!vq<! Ekv{!qh!Ugcn!Dgcej! Ekv{!Jcnn! 322!9vj!Uvtggv! Ugcn!Dgcej-!Ecnkhqtpkc!;1851! Vjg!kpuwtgfu!wpfgt!uwej!rqnke{!qt!rqnkekgu!ctg<! ! ! ! ! ! ! ! ! ! ! ! ! ! ! 3/!Yqtmgtu”!Eqorgpucvkqp!Rqnke{!qt!Rqnkekgu!kp!c!hqto!crrtqxgf!d{!vjg!Kpuwtcpeg! Eqookuukqpgt!qh!Ecnkhqtpkc!eqxgtkpi!cnn!qrgtcvkqpu!qh!vjg!pcogf!kpuwtgfu!cu!hqnnqyu<! Rqnke{!Pwodgt!!Ghhgevkxg!Fcvg!! Gzrktcvkqp!Fcvg! !! !! ! !! !! ! !! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! D{<!!! ! ! ! ! ! ! ! ! ! ! ! ! ! !! Kvu!Cwvjqtk|gf!Tgrtgugpvcvkxg! ! 34! ! GZJKDKV!F.2! ! CFFKVKQPCN!KPUWTGF!GPFQTUGOGPV! EQOOGTEKCN!IGPGTCN!NKCDKNKV[! ]KPUGTV!KPUWTCPEG!EGTVKHKECVG!UJQYKPI!EQOOGTEKCN!IGPGTCN!NKCDKNKV[_! ! ! 35! ! CFFKVKQPCN!KPUWTGF!GPFQTUGOGPV! EQORTGJGPUKXG!IGPGTCN!NKCDKNKV[! ! Pcog!cpf!cfftguu!qh!pcogf!kpuwtgf!)•Pcogf!Kpuwtgf–*<! ! Pcog!cpf!cfftguu!qh!kpuwtcpeg!eqorcp{!)•Eqorcp{–*<! ! Igpgtcn!fguetkrvkqp!qh!citggogpv)u*-!rgtokv)u*-!nkegpug)u*-!cpf0qt!cevkxkv{)kgu*!kpuwtgf<! Pqvykvjuvcpfkpi! cp{! kpeqpukuvgpv! uvcvgogpv! kp! vjg! rqnke{! vq! yjkej! vjku! gpfqtugogpv! ku! cvvcejgf! )vjg! •Rqnke{–*!qt!kp!cp{!gpfqtugogpv!pqy!qt!jgtgchvgt!cvvcejgf!vjgtgvq-!kv!ku!citggf!cu!hqnnqyu<! 2/!Vjg!Ekv{!qh!Ugcn!Dgcej!)•Ekv{–*-!kvu!gngevgf!qhhkekcnu-!qhhkegtu-!cvvqtpg{u-!cigpvu-!gornq{ggu-! xqnwpvggtu!cpf!vjqug!Ekv{!cigpvu!ugtxkpi!cu!kpfgrgpfgpv!eqpvtcevqtu!kp!vjg!tqng!qh!Ekv{!qhhkekcnu-!ctg! cffkvkqpcn!kpuwtgfu!)vjg!cdqxg!pcogf!cffkvkqpcn!kpuwtgfu!ctg!jgtgchvgt!tghgttgf!vq!cu!vjg!•Cffkvkqpcn! Kpuwtgfu–*!wpfgt!vjg!Rqnke{!kp!tgncvkqp!vq!vjqug!cevkxkvkgu!fguetkdgf!igpgtcnn{!cdqxg!ykvj!tgictf!vq! qrgtcvkqpu!rgthqtogf!d{!qt!qp!dgjcnh!qh!vjg!Pcogf!Kpuwtgf/!!Vjg!Cffkvkqpcn!Kpuwtgfu!jcxg!pq!nkcdknkv{! hqt!vjg!rc{ogpv!qh!cp{!rtgokwou!qt!cuuguuogpvu!wpfgt!vjg!Rqnke{/! 3/! Vjg! kpuwtcpeg! eqxgtcigu! chhqtfgf! vjg! Cffkvkqpcn! Kpuwtgfu! wpfgt! vjg! Rqnke{! ujcnn! dg! rtkoct{! kpuwtcpeg-!cpf!pq!qvjgt!kpuwtcpeg!ockpvckpgf!d{!vjg!Cffkvkqpcn!Kpuwtgfu!ujcnn!dg!ecnngf!wrqp!vq! eqpvtkdwvg!ykvj!vjg!kpuwtcpeg!eqxgtcigu!rtqxkfgf!d{!vjg!Rqnke{/! 4/! Gcej! kpuwtcpeg! eqxgtcig! wpfgt! vjg! Rqnke{! ujcnn! crrn{! ugrctcvgn{! vq! gcej! Cffkvkqpcn! Kpuwtgf! cickpuv!yjqo!encko!ku!ocfg!qt!uwkv!ku!dtqwijv!gzegrv!ykvj!tgurgev!vq!vjg!nkokvu!qh!vjg!Eqorcp{”u! nkcdknkv{/! 5/! Pqvjkpi!kp!vjku!eqpvtcev!qh!kpuwtcpeg!ujcnn!dg!eqpuvtwgf!vq!rtgenwfg!eqxgtcig!qh!c!encko!d{!qpg! kpuwtgf!wpfgt!vjg!rqnke{!cickpuv!cpqvjgt!kpuwtgf!wpfgt!vjg!rqnke{/!!Cnn!uwej!enckou!ujcnn!dg!eqxgtgf! cu! vjktf.rctv{! enckou-! k/g/-! kp! vjg! ucog! ocppgt! cu! kh! ugrctcvg! rqnkekgu! jcf! dggp! kuuwgf! vq! gcej! kpuwtgf/!!Pqvjkpi!eqpvckpgf!kp!vjku!rtqxkukqp!ujcnn!qrgtcvg!vq!kpetgcug!qt!tgrnkecvg!vjg!Eqorcp{”u! nkokvu!qh!nkcdknkv{!cu!rtqxkfgf!wpfgt!vjg!rqnke{/! 6/! Vjg! kpuwtcpeg!chhqtfgf! d{! vjg!Rqnke{!hqt!eqpvtcevwcn!nkcdknkv{! kpuwtcpeg!)uwdlgev! vq! vjg! vgtou-! eqpfkvkqpu!cpf!gzenwukqpu!crrnkecdng!vq!uwej!kpuwtcpeg*!kpenwfgu!nkcdknkv{!cuuwogf!d{!vjg!Pcogf! Kpuwtgf! wpfgt! vjg! kpfgopkhkecvkqp! cpf0qt! jqnf! jctonguu! rtqxkukqp)u*! eqpvckpgf! kp! qt! gzgewvgf! kp! eqplwpevkqp!ykvj!vjg!ytkvvgp!citggogpv)u*!qt!rgtokv)u*!fgukipcvgf!cdqxg-!dgvyggp!vjg!Pcogf!Kpuwtgf! cpf!vjg!Cffkvkqpcn!Kpuwtgfu/! 7/! Vjg!rqnke{!vq!yjkej!vjku!gpfqtugogpv!ku!cvvcejgf!ujcnn!pqv!dg!uwdlgev!vq!ecpegnncvkqp-!ejcpig!kp! eqxgtcig-!tgfwevkqp!qh!nkokvu!)gzegrv!cu!vjg!tguwnv!qh!vjg!rc{ogpv!qh!enckou*-!qt!pqp.tgpgycn!gzegrv! chvgt!ytkvvgp!pqvkeg!vq!Ekv{-!d{!egtvkhkgf!ockn-!tgvwtp!tgegkrv!tgswguvgf-!pqv!nguu!vjcp!vjktv{!)41*!Fc{u! dghqtg!vjg!ghhgevkxg!fcvg!vjgtgqh/!!Kp!vjg!gxgpv!qh!Eqorcp{”u!hcknwtg!vq!eqorn{!ykvj!vjku!pqvkeg! rtqxkukqp-!vjg!rqnke{!cu!kpkvkcnn{!ftchvgf!yknn!eqpvkpwg!kp!hwnn!hqteg!cpf!ghhgev!wpvkn!eqornkcpeg!ykvj!vjku! pqvkeg!tgswktgogpv/! ! 36! ! 8/! Eqorcp{!jgtgd{!yckxgu!cnn!tkijvu!qh!uwdtqicvkqp!cpf!eqpvtkdwvkqp!cickpuv!vjg!Cffkvkqpcn!Kpuwtgfu-! yjkng!cevkpi!ykvjkp!vjg!ueqrg!qh!vjgkt!fwvkgu-!htqo!cnn!enckou-!nquugu!cpf!nkcdknkvkgu!ctkukpi!qwv!qh!qt! kpekfgpv!vq!vjg!rgtknu!kpuwtgf!cickpuv!kp!tgncvkqp!vq!vjqug!cevkxkvkgu!fguetkdgf!igpgtcnn{!cdqxg!ykvj! tgictf! vq! qrgtcvkqpu! rgthqtogf! d{! qt! qp! dgjcnh! qh! vjg! Pcogf! Kpuwtgf! tgictfnguu! qh! cp{! rtkqt-! eqpewttgpv-!qt!uwdugswgpv!cevkxg!qt!rcuukxg!pginkigpeg!d{!vjg!Cffkvkqpcn!Kpuwtgfu/! 9/! Kv!ku!jgtgd{!citggf!vjcv!vjg!ncyu!qh!vjg!Uvcvg!qh!Ecnkhqtpkc!ujcnn!crrn{!vq!cpf!iqxgtp!vjg!xcnkfkv{-! eqpuvtwevkqp-!kpvgtrtgvcvkqp-!cpf!gphqtegogpv!qh!vjku!eqpvtcev!qh!kpuwtcpeg/! ;/! Vjku!gpfqtugogpv!cpf!cnn!pqvkegu!ikxgp!jgtgwpfgt!ujcnn!dg!ugpv!vq!Ekv{!cv<! Ekv{!Ocpcigt! Ekv{!qh!Ugcn!Dgcej! Ekv{!Jcnn! 322!9vj!Uvtggv! Ugcn!Dgcej-!EC!!;1851! 21/!Gzegrv!cu!uvcvgf!cdqxg!cpf!pqv!kp!eqphnkev!ykvj!vjku!gpfqtugogpv-!pqvjkpi!eqpvckpgf!jgtgkp! ujcnn!dg!jgnf!vq!yckxg-!cnvgt!qt!gzvgpf!cp{!qh!vjg!nkokvu-!citggogpvu-!qt!gzenwukqpu!qh!vjg!rqnke{!vq!yjkej! vjku!gpfqtugogpv!ku!cvvcejgf/! V[RG!QH!EQXGTCIGU!VQ!YJKEJ!VJKU! GPFQTUGOGPV!CVVCEJGU! ! RQNKE[!RGTKQF!! HTQO0VQ! !NKOKVU!QH!! NKCDKNKV[! !! !! ! !! !! ! !! !! ! 22/!Uejgfwngf! kvgou! qt! nqecvkqpu! ctg! vq! dg! kfgpvkhkgf! qp! cp! cvvcejgf! ujggv/! ! Vjg! hqnnqykpi! kpenwukqpu!tgncvg!vq!vjg!cdqxg!eqxgtcigu/!!Kpenwfgu<! K $?>DB13DE1< +9129<9DI!K &H@<?C9?> )1J1B4! K -G>5BC"+1>4<?B4C"/5>1>DC!K $?<<1@C5 )1J1B4! K ,1>E613DEB5BC"$?>DB13D?BC!K 0>45B7B?E>4 .B?@5BDI %1=175! K .B?4E3DC"$?=@<5D54 -@5B1D9?>C !K .?<<ED9?> +9129<9DI! K #B?14 ’?B= .B?@5BDI %1=175 !K +9AE?B +9129<9DI! K &HD5>454 #?49<I *>;EBI!K !! K #B?14 ’?B= $?=@B585>C9F5 !K !! K (5>5B1< +9129<9DI &>4?BC5=5>D !K !! 23/!C!K!fgfwevkdng!qt!K!ugnh.kpuwtgf!tgvgpvkqp!)ejgem!qpg*!qh!%! ! ! ! !crrnkgu! vq! cnn! eqxgtcig)u*!gzegrv<!!! ! ! ! ! ! ! ! !kh!pqpg-!uq!uvcvg*/!!Vjg!fgfwevkdng!ku!crrnkecdng! K!rgt!encko!qt!K!rgt!qeewttgpeg!)ejgem!qpg*/! 24/!/89C 9C 1> K ?33EBB5>35 ?B K 3<19=C =145 @?<93I )ejgem!qpg*/! 25/!Vjku!gpfqtugogpv!ku!ghhgevkxg!qp!! ! ! !cv!23<12!c/o/!cpf!hqtou!c!rctv!qh!Rqnke{!Pwodgt! ! ! ! ! ! ! ! ! ! /! ! K-!! ! ! ! !)rtkpv!pcog*-!jgtgd{!fgenctg!wpfgt!rgpcnv{!qh!rgtlwt{!wpfgt!vjg!ncyu!qh!vjg!Uvcvg! qh!Ecnkhqtpkc-!vjcv!K!jcxg!vjg!cwvjqtkv{!vq!dkpf!vjg!Eqorcp{!vq!vjku!gpfqtugogpv!cpf!vjcv!d{!o{!gzgewvkqp! jgtgqh-!K!fq!uq!dkpf!vjg!Eqorcp{/! Gzgewvgf!! ! ! ! ! -!31aaa!! ! 37! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! Ukipcvwtg! qh! Cwvjqtk|gf! Tgrtgugpvcvkxg! ! ! ! ! ! ! ! ! ! ! ! ! ! !)Qtkikpcn!ukipcvwtg! qpn{=!pq!hceukokng! ukipcvwtg! Vgngrjqpg!Pq/<!!)! *!! ! ! ! ! !! ! ! qt!kpkvkcngf!ukipcvwtg!ceegrvgf*! ! 38! ! GZJKDKV!F.3! CFFKVKQPCN!KPUWTGF!GPFQTUGOGPV! CWVQOQDKNG!NKCDKNKV[! ]KPUGTV!KPUWTCPEG!EGTVKHKECVG!UJQYKPI!CWVQOQDKNG!NKCDKNKV[_! ! ! 39! ! CFFKVKQPCN!KPUWTGF!GPFQTUGOGPV! CWVQOQDKNG!NKCDKNKV[! ! Pcog!cpf!cfftguu!qh!pcogf!kpuwtgf!)•Pcogf!Kpuwtgf–*<! ! Pcog!cpf!cfftguu!qh!kpuwtcpeg!eqorcp{!)•Eqorcp{–*<! ! Igpgtcn!fguetkrvkqp!qh!citggogpv)u*-!rgtokv)u*-!nkegpug)u*-!cpf0qt!cevkxkv{)kgu*!kpuwtgf<! Pqvykvjuvcpfkpi!cp{!kpeqpukuvgpv!uvcvgogpv!kp!vjg!rqnke{!vq!yjkej!vjku!gpfqtugogpv!ku!cvvcejgf! )vjg!•Rqnke{–*!qt!kp!cp{!gpfqtugogpv!pqy!qt!jgtgchvgt!cvvcejgf!vjgtgvq-!kv!ku!citggf!cu!hqnnqyu<! 2/!Vjg!Ekv{!qh!Ugcn!Dgcej!)•Ekv{–*-!kvu!gngevgf!qhhkekcnu-!qhhkegtu-!cvvqtpg{u-!cigpvu-! gornq{ggu-! xqnwpvggtu! cpf! vjqug! Ekv{! cigpvu! ugtxkpi! cu! kpfgrgpfgpv! eqpvtcevqtu! kp! vjg! tqng! qh! Ekv{! qhhkekcnu!ctg!cffkvkqpcn!kpuwtgfu!)vjg!cdqxg!pcogf!cffkvkqpcn!kpuwtgfu!ctg!jgtgchvgt!tghgttgf!vq!cu!vjg! •Cffkvkqpcn!Kpuwtgfu–*!wpfgt!vjg!Rqnke{!kp!tgncvkqp!vq!vjqug!cevkxkvkgu!fguetkdgf!igpgtcnn{!cdqxg!ykvj!tgictf! vq!qrgtcvkqpu!rgthqtogf!d{!qt!qp!dgjcnh!qh!vjg!Pcogf!Kpuwtgf/!!Vjg!Cffkvkqpcn!Kpuwtgfu!jcxg!pq!nkcdknkv{! hqt!vjg!rc{ogpv!qh!cp{!rtgokwou!qt!cuuguuogpvu!wpfgt!vjg!Rqnke{/! 3/!Vjg! kpuwtcpeg! eqxgtcigu! chhqtfgf! vjg! Cffkvkqpcn! Kpuwtgfu! wpfgt! vjg! Rqnke{! ujcnn! dg! rtkoct{!kpuwtcpeg-!cpf!pq!qvjgt!kpuwtcpeg!ockpvckpgf!d{!vjg!Cffkvkqpcn!Kpuwtgfu!ujcnn!dg!ecnngf!wrqp!vq! eqpvtkdwvg!ykvj!vjg!kpuwtcpeg!eqxgtcigu!rtqxkfgf!d{!vjg!Rqnke{/! 4/!Gcej! kpuwtcpeg! eqxgtcig! wpfgt! vjg! Rqnke{! ujcnn! crrn{! ugrctcvgn{! vq! gcej! Cffkvkqpcn! Kpuwtgf!cickpuv!yjqo!encko!ku!ocfg!qt!uwkv!ku!dtqwijv!gzegrv!ykvj!tgurgev!vq!vjg!nkokvu!qh!vjg!Eqorcp{”u! nkcdknkv{/! 5/!Pqvjkpi!kp!vjku!eqpvtcev!qh!kpuwtcpeg!ujcnn!dg!eqpuvtwgf!vq!rtgenwfg!eqxgtcig!qh!c!encko! d{!qpg! kpuwtgf!wpfgt!vjg!rqnke{!cickpuv! cpqvjgt! kpuwtgf!wpfgt!vjg! rqnke{/! !Cnn! uwej!enckou! ujcnn!dg! eqxgtgf!cu!vjktf.rctv{!enckou-!k/g/-!kp!vjg!ucog!ocppgt!cu!kh!ugrctcvg!rqnkekgu!jcf!dggp!kuuwgf!vq!gcej! kpuwtgf/!!Pqvjkpi!eqpvckpgf!kp!vjku!rtqxkukqp!ujcnn!qrgtcvg!vq!kpetgcug!qt!tgrnkecvg!vjg!Eqorcp{”u!nkokvu!qh! nkcdknkv{!cu!rtqxkfgf!wpfgt!vjg!rqnke{/! 6/!Vjg!kpuwtcpeg!chhqtfgf!d{!vjg!Rqnke{!hqt!eqpvtcevwcn!nkcdknkv{!kpuwtcpeg!)uwdlgev!vq!vjg! vgtou-!eqpfkvkqpu!cpf!gzenwukqpu!crrnkecdng!vq!uwej!kpuwtcpeg*!kpenwfgu!nkcdknkv{!cuuwogf!d{!vjg!Pcogf! Kpuwtgf!wpfgt!vjg!kpfgopkhkecvkqp!cpf0qt!jqnf!jctonguu!rtqxkukqp)u*!eqpvckpgf!qt!gzgewvgf!kp!eqplwpevkqp! ykvj! vjg! ytkvvgp! citggogpv)u*! qt! rgtokv)u*! fgukipcvgf! cdqxg-! dgvyggp! vjg! Pcogf! Kpuwtgf! cpf! vjg! Cffkvkqpcn!Kpuwtgfu/! 7/!Vjg!rqnke{!vq!yjkej!vjku!gpfqtugogpv!ku!cvvcejgf!ujcnn!pqv!dg!uwdlgev!vq!ecpegnncvkqp-! ejcpig!kp!eqxgtcig-!tgfwevkqp!qh!nkokvu!)gzegrv!cu!vjg!tguwnv!qh!vjg!rc{ogpv!qh!enckou*-!qt!pqp.tgpgycn! gzegrv!chvgt!ytkvvgp!pqvkeg!vq!Ekv{-!d{!egtvkhkgf!ockn-!tgvwtp!tgegkrv!tgswguvgf-!pqv!nguu!vjcp!vjktv{!)41*!Fc{u! dghqtg!vjg!ghhgevkxg!fcvg!vjgtgvq/!!Kp!vjg!gxgpv!qh!Eqorcp{”u!hcknwtg!vq!eqorn{!ykvj!vjku!pqvkeg!rtqxkukqp-! vjg! rqnke{! cu! kpkvkcnn{! ftchvgf! yknn! eqpvkpwg! kp! hwnn! hqteg! cpf! ghhgev! wpvkn! eqornkcpeg! ykvj! vjku! pqvkeg! tgswktgogpv/! 8/!Eqorcp{!jgtgd{!yckxgu!cnn!tkijvu!qh!uwdtqicvkqp!cpf!eqpvtkdwvkqp!cickpuv!vjg!Cffkvkqpcn! Kpuwtgfu-!yjkng!cevkpi!ykvjkp!vjg!ueqrg!qh!vjgkt!fwvkgu-!htqo!cnn!enckou-!nquugu!cpf!nkcdknkvkgu!ctkukpi!qwv!qh! qt!kpekfgpv!vq!vjg! rgtknu! kpuwtgf!cickpuv!kp!tgncvkqp!vq!vjqug!cevkxkvkgu!fguetkdgf!igpgtcnn{! cdqxg!ykvj! ! 3;! ! tgictf!vq!qrgtcvkqpu!rgthqtogf!d{!qt!qp!dgjcnh!qh!vjg!Pcogf!Kpuwtgf!tgictfnguu!qh!cp{!rtkqt-!eqpewttgpv-! qt!uwdugswgpv!cevkxg!qt!rcuukxg!pginkigpeg!d{!vjg!Cffkvkqpcn!Kpuwtgfu/! 9/!Kv!ku!jgtgd{!citggf!vjcv!vjg!ncyu!qh!vjg!Uvcvg!qh!Ecnkhqtpkc!ujcnn!crrn{!vq!cpf!iqxgtp!vjg! xcnkfkv{-!eqpuvtwevkqp-!kpvgtrtgvcvkqp-!cpf!gphqtegogpv!qh!vjku!eqpvtcev!qh!kpuwtcpeg/! ;/!Vjku!gpfqtugogpv!cpf!cnn!pqvkegu!ikxgp!jgtgwpfgt!ujcnn!dg!ugpv!vq!Ekv{!cv<! Ekv{!Ocpcigt! Ekv{!qh!Ugcn!Dgcej! Ekv{!Jcnn! 322!9vj!Uvtggv! Ugcn!Dgcej-!EC!!;1851! 21/!Gzegrv!cu!uvcvgf!cdqxg!cpf!pqv!kp!eqphnkev!ykvj!vjku!gpfqtugogpv-!pqvjkpi!eqpvckpgf!jgtgkp! ujcnn!dg!jgnf!vq!yckxg-!cnvgt!qt!gzvgpf!cp{!qh!vjg!nkokvu-!citggogpvu-!qt!gzenwukqpu!qh!vjg!rqnke{!vq!yjkej! vjku!gpfqtugogpv!ku!cvvcejgf/! V[RG!QH!EQXGTCIGU!VQ!YJKEJ!VJKU! GPFQTUGOGPV!CVVCEJGU! ! RQNKE[!RGTKQF!! HTQO0VQ! !NKOKVU!QH!! NKCDKNKV[! !! !! ! !! !! ! !! !! ! 22/! Uejgfwngf!kvgou!qt!nqecvkqpu!ctg!vq!dg!kfgpvkhkgf!qp!cp!cvvcejgf!ujggv/!!Vjg!hqnnqykpi! kpenwukqpu!tgncvg!vq!vjg!cdqxg!eqxgtcigu/!!Kpenwfgu<! K Cp{!Cwvqoqdkngu!K Vtwemgtu!Eqxgtcig! K Cnn!Qypgf!Cwvqoqdkngu!K Oqvqt!Ecttkgt!Cev! K Pqp.qypgf!Cwvqoqdkngu!K Dwu!Tgiwncvqt{!Tghqto!Cev! K Jktgf!Cwvqoqdkngu!K Rwdnke!Nkxgt{!Eqxgtcig! K Uejgfwngf!Cwvqoqdkngu!K ! !! K Ictcig!Eqxgtcig!K ! !! 23/! C!K!fgfwevkdng!qt!K ugnh.kpuwtgf!tgvgpvkqp!)ejgem!qpg*!qh!%!! ! ! !crrnkgu! vq! cnn! eqxgtcig)u*!gzegrv<!!! ! ! ! ! !)kh!pqpg-!uq!uvcvg*/!!Vjg!fgfwevkdng!ku!crrnkecdng!K!rgt!encko!qt!K! rgt!qeewttgpeg!)ejgem!qpg*/! 24/!/89C 9C 1> K ?33EBB5>35 ?B K 3<19=C =145 @?<93I )ejgem!qpg*/! 25/! Vjku!gpfqtugogpv!ku!ghhgevkxg!qp!aaaaaaaaaaaaaa!cv!23<12!c/o/!cpf!hqtou!c!rctv!qh! Rqnke{!Pwodgt!aaaaaaaaa/! K-!! ! ! ! !)rtkpv!pcog*-!jgtgd{!fgenctg!wpfgt!rgpcnv{!qh!rgtlwt{!wpfgt!vjg!ncyu!qh!vjg!Uvcvg! qh!Ecnkhqtpkc-!vjcv!K!jcxg!vjg!cwvjqtkv{!vq!dkpf!vjg!Eqorcp{!vq!vjku!gpfqtugogpv!cpf!vjcv!d{!o{!gzgewvkqp! jgtgqh-!K!fq!uq!dkpf!vjg!Eqorcp{/! Gzgewvgf!! ! ! ! ! -!31aaa!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! Ukipcvwtg! qh! Cwvjqtk|gf! Tgrtgugpvcvkxg! ! ! ! ! ! ! ! ! ! ! ! ! ! !)Qtkikpcn!ukipcvwtg! qpn{=!pq!hceukokng! ukipcvwtg! Vgngrjqpg!Pq/<!!)! *!! ! ! ! ! !! ! ! qt!kpkvkcngf!ukipcvwtg!ceegrvgf*! ! ! 41! ! GZJKDKV!F.4! ! CFFKVKQPCN!KPUWTGF!GPFQTUGOGPV!˜!RTQHGUUKQPCN!NKCDKNKV[! KPUWTCPEG! ]KPUGTV!KPUWTCPEG!EGTVKHKECVG!UJQYKPI!RTQHGUUKQPCN!KPUWTCPEG! NKCDKNKV[_! ! ! ! 42! ! GZJKDKV!F.5! ! CFFKVKQPCN!KPUWTGF!GPFQTUGOGPV!.!GZEGUU!NKCDKNKV[!! ]KPUGTV!KPUWTCPEG!EGTVKHKECVG!UJQYKPI!GZEGUU!! NKCDKNKV[!KPUWTCPEG_! ! 43! ! GZJKDKV!F.5! ! CFFKVKQPCN!KPUWTGF!GPFQTUGOGPV! GZEGUU!NKCDKNKV[! ! Pcog!cpf!cfftguu!qh!pcogf!kpuwtgf!)•Pcogf!Kpuwtgf–*<! ! Pcog!cpf!cfftguu!qh!kpuwtcpeg!eqorcp{!)•Eqorcp{–*<! ! Igpgtcn!fguetkrvkqp!qh!citggogpv)u*-!rgtokv)u*-!nkegpug)u*-!cpf0qt!cevkxkv{)kgu*!kpuwtgf<! Pqvykvjuvcpfkpi!cp{!kpeqpukuvgpv!uvcvgogpv!kp!vjg!rqnke{!vq!yjkej!vjku!gpfqtugogpv!ku!cvvcejgf! )vjg!•Rqnke{–*!qt!kp!cp{!gpfqtugogpv!pqy!qt!jgtgchvgt!cvvcejgf!vjgtgvq-!kv!ku!citggf!cu!hqnnqyu<! 2/!Vjg!Ekv{!qh!Ugcn!Dgcej!)•Ekv{–*-!kvu!gngevgf!qhhkekcnu-!qhhkegtu-!cvvqtpg{u-!cigpvu-! gornq{ggu-! xqnwpvggtu! cpf! vjqug! Ekv{! cigpvu! ugtxkpi! cu! kpfgrgpfgpv! eqpvtcevqtu! kp! vjg! tqng! qh! Ekv{! qhhkekcnu!ctg!cffkvkqpcn!kpuwtgfu!)vjg!cdqxg!pcogf!cffkvkqpcn!kpuwtgfu!ctg!jgtgchvgt!tghgttgf!vq!cu!vjg! •Cffkvkqpcn!Kpuwtgfu–*!wpfgt!vjg!Rqnke{!kp!tgncvkqp!vq!vjqug!cevkxkvkgu!fguetkdgf!igpgtcnn{!cdqxg!ykvj!tgictf! vq!qrgtcvkqpu!rgthqtogf!d{!qt!qp!dgjcnh!qh!vjg!Pcogf!Kpuwtgf/!!Vjg!Cffkvkqpcn!Kpuwtgfu!jcxg!pq!nkcdknkv{! hqt!vjg!rc{ogpv!qh!cp{!rtgokwou!qt!cuuguuogpvu!wpfgt!vjg!Rqnke{/! 3/!Vjg! kpuwtcpeg! eqxgtcigu! chhqtfgf! vjg! Cffkvkqpcn! Kpuwtgfu! wpfgt! vjg! Rqnke{! ujcnn! dg! rtkoct{!kpuwtcpeg-!cpf!pq!qvjgt!kpuwtcpeg!ockpvckpgf!d{!vjg!Cffkvkqpcn!Kpuwtgfu!ujcnn!dg!ecnngf!wrqp!vq! eqpvtkdwvg!ykvj!vjg!kpuwtcpeg!eqxgtcigu!rtqxkfgf!d{!vjg!Rqnke{/! 4/!Gcej! kpuwtcpeg! eqxgtcig! wpfgt! vjg! Rqnke{! ujcnn! crrn{! ugrctcvgn{! vq! gcej! Cffkvkqpcn! Kpuwtgf!cickpuv!yjqo!encko!ku!ocfg!qt!uwkv!ku!dtqwijv-!gzegrv!ykvj!tgurgev!vq!vjg!nkokvu!qh!vjg!Eqorcp{”u! nkcdknkv{/! 5/!Pqvjkpi!kp!vjku!eqpvtcev!qh!kpuwtcpeg!ujcnn!dg!eqpuvtwgf!vq!rtgenwfg!eqxgtcig!qh!c!encko! d{!qpg! kpuwtgf!wpfgt!vjg!rqnke{!cickpuv! cpqvjgt! kpuwtgf!wpfgt!vjg! rqnke{/! !Cnn! uwej!enckou! ujcnn!dg! eqxgtgf!cu!vjktf.rctv{!enckou-!k/g/-!kp!vjg!ucog!ocppgt!cu!kh!ugrctcvg!rqnkekgu!jcf!dggp!kuuwgf!vq!gcej! kpuwtgf/!!Pqvjkpi!eqpvckpgf!kp!vjku!rtqxkukqp!ujcnn!qrgtcvg!vq!kpetgcug!qt!tgrnkecvg!vjg!Eqorcp{”u!nkokvu!qh! nkcdknkv{!cu!rtqxkfgf!wpfgt!vjg!rqnke{/! 6/!Vjg!kpuwtcpeg!chhqtfgf!d{!vjg!Rqnke{!hqt!eqpvtcevwcn!nkcdknkv{!kpuwtcpeg!)uwdlgev!vq!vjg! vgtou-!eqpfkvkqpu!cpf!gzenwukqpu!crrnkecdng!vq!uwej!kpuwtcpeg*!kpenwfgu!nkcdknkv{!cuuwogf!d{!vjg!Pcogf! Kpuwtgf! wpfgt! vjg! kpfgopkhkecvkqp! cpf0qt! jqnf! jctonguu! rtqxkukqp)u*! eqpvckpgf! kp! qt! gzgewvgf! kp! eqplwpevkqp!ykvj!vjg!ytkvvgp!citggogpv)u*!qt!rgtokv)u*!fgukipcvgf!cdqxg-!dgvyggp!vjg!Pcogf!Kpuwtgf! cpf!vjg!Cffkvkqpcn!Kpuwtgfu/! 7/!Vjg!rqnke{!vq!yjkej!vjku!gpfqtugogpv!ku!cvvcejgf!ujcnn!pqv!dg!uwdlgev!vq!ecpegnncvkqp-! ejcpig!kp!eqxgtcig-!tgfwevkqp!qh!nkokvu!)gzegrv!cu!vjg!tguwnv!qh!vjg!rc{ogpv!qh!enckou*-!qt!pqp.tgpgycn! gzegrv!chvgt!ytkvvgp!pqvkeg!vq!Ekv{-!d{!egtvkhkgf!ockn-!tgvwtp!tgegkrv!tgswguvgf-!pqv!nguu!vjcp!vjktv{!)41*!Fc{u! dghqtg!vjg!ghhgevkxg!fcvg!vjgtgvq/!!Kp!vjg!gxgpv!qh!Eqorcp{”u!hcknwtg!vq!eqorn{!ykvj!vjku!pqvkeg!rtqxkukqp-! vjg! rqnke{! cu! kpkvkcnn{! ftchvgf! yknn! eqpvkpwg! kp! hwnn! hqteg! cpf! ghhgev! wpvkn! eqornkcpeg! ykvj! vjku! pqvkeg! tgswktgogpv/! ! 44! ! 8/!Eqorcp{!jgtgd{!yckxgu!cnn!tkijvu!qh!uwdtqicvkqp!cpf!eqpvtkdwvkqp!cickpuv!vjg!Cffkvkqpcn! Kpuwtgfu-!yjkng!cevkpi!ykvjkp!vjg!ueqrg!qh!vjgkt!fwvkgu-!htqo!cnn!enckou-!nquugu!cpf!nkcdknkvkgu!ctkukpi!qwv!qh! qt!kpekfgpv!vq!vjg! rgtknu! kpuwtgf!cickpuv!kp!tgncvkqp!vq!vjqug!cevkxkvkgu!fguetkdgf!igpgtcnn{! cdqxg!ykvj! tgictf!vq!qrgtcvkqpu!rgthqtogf!d{!qt!qp!dgjcnh!qh!vjg!Pcogf!Kpuwtgf!tgictfnguu!qh!cp{!rtkqt-!eqpewttgpv-! qt!uwdugswgpv!cevkxg!qt!rcuukxg!pginkigpeg!d{!vjg!Cffkvkqpcn!Kpuwtgfu/! 9/!Kv!ku!jgtgd{!citggf!vjcv!vjg!ncyu!qh!vjg!Uvcvg!qh!Ecnkhqtpkc!ujcnn!crrn{!vq!cpf!iqxgtp!vjg! xcnkfkv{-!eqpuvtwevkqp-!kpvgtrtgvcvkqp-!cpf!gphqtegogpv!qh!vjku!eqpvtcev!qh!kpuwtcpeg/! ;/!Vjku!gpfqtugogpv!cpf!cnn!pqvkegu!ikxgp!jgtgwpfgt!ujcnn!dg!ugpv!vq!Ekv{!cv<! Ekv{!Ocpcigt! Ekv{!qh!Ugcn!Dgcej! Ekv{!Jcnn!! 322!Gkijvj!Uvtggv! Ugcn!Dgcej-!Ecnkhqtpkc!;1851! 21/! Gzegrv! cu! uvcvgf! cdqxg! cpf! pqv! kp! eqphnkev! ykvj! vjku! gpfqtugogpv-! pqvjkpi! eqpvckpgf! jgtgkp!ujcnn!dg!jgnf!vq!yckxg-!cnvgt!qt!gzvgpf!cp{!qh!vjg!nkokvu-!citggogpvu-!qt!gzenwukqpu!qh!vjg!rqnke{!vq! yjkej!vjku!gpfqtugogpv!ku!cvvcejgf/! V[RG!QH!EQXGTCIGU!VQ!YJKEJ!VJKU! GPFQTUGOGPV!CVVCEJGU! ! RQNKE[!RGTKQF!! HTQO0VQ! !NKOKVU!QH!! NKCDKNKV[! !! !! ! !! !! ! !! !! ! K!!Hqnnqykpi!Hqto! K!!Wodtgnnc!Nkcdknkv{! K!!! ! ! ! ! ! ! ! 22/! Crrnkecdng!wpfgtn{kpi!eqxgtcigu<! KPUWTCPEG!EQORCP[!! RQNKE[!PWODGT!!COQWPV! !! !! ! !! !! ! !! !! ! 23/!Vjg!hqnnqykpi!kpenwukqpu-!gzenwukqpu-!gzvgpukqpu!qt!urgekhke!rtqxkukqpu!tgncvg!vq!vjg!cdqxg! eqxgtcigu<! 24/! C!K!fgfwevkdng!qt!K!ugnh.kpuwtgf!tgvgpvkqp!)ejgem!qpg*!qh!%! ! ! ! ! !crrnkgu! vq! cnn!eqxgtcig)u*!gzegrv<!!!! ! ! ! ! ! ! !!)kh!pqpg-!uq!uvcvg*/!!Vjg!fgfwevkdng!ku!crrnkecdng! K!rgt!encko!qt!K!rgt!qeewttgpeg!)ejgem!qpg*/! 25/!/89C 9C 1> K ?33EBB5>35 ?B K 3<19=C =145 @?<93I )ejgem!qpg*/! 26/! Vjku!gpfqtugogpv!ku!ghhgevkxg!qp!aaaaaaaa!cv!23<12!c/o/!cpf!hqtou!c!rctv!qh!Rqnke{! Pwodgt!aaaaaaaa/! ! 45! ! ! K-!! ! ! ! !)rtkpv!pcog*-!jgtgd{!fgenctg!wpfgt!rgpcnv{!qh!rgtlwt{!wpfgt!vjg!ncyu!qh!vjg!Uvcvg! qh!Ecnkhqtpkc-!vjcv!K!jcxg!vjg!cwvjqtkv{!vq!dkpf!vjg!Eqorcp{!vq!vjku!gpfqtugogpv!cpf!vjcv!d{!o{!gzgewvkqp! jgtgqh-!K!fq!uq!dkpf!vjg!Eqorcp{/! Gzgewvgf!! ! ! ! ! -!31aaa!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! Ukipcvwtg! qh! Cwvjqtk|gf! Tgrtgugpvcvkxg! ! ! ! ! ! ! ! ! ! ! ! ! ! !)Qtkikpcn!ukipcvwtg! qpn{=!pq!hceukokng! ukipcvwtg! Vgngrjqpg!Pq/<!!)! *!! ! ! ! ! !! ! ! qt!kpkvkcngf!ukipcvwtg!ceegrvgf*! ! 46! ! GZJKDKV!G! ! CEMPQYNGFIOGPV!QH!RGPCN!CPF!EKXKN!RGPCNVKGU!EQPEGTPKPI! EQPVTCEVQT!NKEGPUKPI!NCYU! ! ! ! CEMPQYNGFIOGPV!QH!RGPCN!CPF!EKXKN!RGPCNVKGU!EQPEGTPKPI!VJG! EQPVTCEVQTU(!NKEGPUKPI!NCYU! ]Dwukpguu!’!Rtqhguukqpu!Eqfg!'!8139/26_! ]Rwdnke!Eqpvtcev!Eqfg!'!31214/6_! ! K-!vjg!wpfgtukipgf-!egtvkh{!vjcv!K!co!cyctg!qh!vjg!hqnnqykpi!rtqxkukqpu!qh!Ecnkhqtpkc!ncy!cpf!vjcv!K-!qt!vjg! gpvkv{!qp!yjqug!dgjcnh!vjku!egtvkhkecvkqp!ku!ikxgp-!jqnf!c!ewttgpvn{!xcnkf!Ecnkhqtpkc!eqpvtcevqt(u!nkegpug!cu!ugv! hqtvj!dgnqy!)tgswktgf!cv!vkog!qh!Dkf!uwdokuukqp*<! ! Dwukpguu!’!Rtqhguukqpu!Eqfg!'!8139/26<! ! ! )c*! Kv!ku!c!okufgogcpqt!hqt!cp{!rgtuqp!vq!uwdokv!c!dkf!vq!c!rwdnke!cigpe{!kp!qtfgt!vq!gpicig!kp!vjg! dwukpguu!qt!cev!kp!vjg!ecrcekv{!qh!c!eqpvtcevqt!ykvjkp!vjku!uvcvg!ykvjqwv!jcxkpi!c!nkegpug!vjgtghqtg-!gzegrv! kp!cp{!qh!vjg!hqnnqykpi!ecugu<! ! ! ! )2*! Vjg!rgtuqp!ku!rctvkewnctn{!gzgorvgf!htqo!vjku!ejcrvgt/! )3*! Vjg!dkf!ku!uwdokvvgf!qp!c!uvcvg!rtqlgev!iqxgtpgf!d{!Ugevkqp!21275!qh!vjg!Rwdnke! Eqpvtcev!Eqfg!qt!qp!cp{!nqecn!cigpe{!rtqlgev!iqxgtpgf!d{!Ugevkqp!31214/6!qh! vjg!Rwdnke!Eqpvtcev!Eqfg/! ! ! )d*! Kh!c!rgtuqp!jcu!dggp!rtgxkqwun{!eqpxkevgf!qh!vjg!qhhgpug!fguetkdgf!kp!vjku!ugevkqp-!vjg!eqwtv! ujcnn! korqug! c! hkpg! qh! 31! rgtegpv! qh! vjg! rtkeg! qh! vjg! eqpvtcev! wpfgt! yjkej! vjg! wpnkegpugf! rgtuqp! rgthqtogf! eqpvtcevkpi! yqtm-! qt! hqwt! vjqwucpf! hkxg! jwpftgf! fqnnctu! )%5-611*-! yjkejgxgt! ku! itgcvgt-! qt! kortkuqpogpv!kp!vjg!eqwpv{!lckn!hqt!pqv!nguu!vjcp!21!fc{u!pqt!oqtg!vjcp!ukz!oqpvju-!qt!dqvj/! ! ! ! Kp!vjg!gxgpv!vjg!rgtuqp!rgthqtokpi!vjg!eqpvtcevkpi!yqtm!jcu!citggf!vq!hwtpkuj!ocvgtkcnu!cpf!ncdqt! qp!cp!jqwtn{!dcuku-!•vjg!rtkeg!qh!vjg!eqpvtcev–!hqt!vjg!rwtrqugu!qh!vjku!uwdfkxkukqp!ogcpu!vjg!ciitgicvg! uwo!qh!vjg!equv!qh!ocvgtkcnu!cpf!ncdqt!hwtpkujgf!cpf!vjg!equv!qh!eqorngvkpi!vjg!yqtm!vq!dg!rgthqtogf/! ! ! ! )e*! Vjku! ugevkqp! ujcnn! pqv! crrn{! vq! c! lqkpv! xgpvwtg! nkegpug-! cu! tgswktgf! d{! Ugevkqp! 813;/2/!! Jqygxgt-!cv!vjg!vkog!qh!ocmkpi!c!dkf!cu!c!lqkpv!xgpvwtg-!gcej!rgtuqp!uwdokvvkpi!vjg!dkf!ujcnn!dg!uwdlgev!vq! vjku!ugevkqp!ykvj!tgurgev!vq!jku!qt!jgt!kpfkxkfwcn!nkegpuwtg/! ! ! )f*! Vjku! ugevkqp! ujcnn! pqv! chhgev! vjg! tkijv! qt! cdknkv{! qh! c! nkegpugf! ctejkvgev-! ncpf! uwtxg{qt-! qt! tgikuvgtgf!rtqhguukqpcn!gpikpggt!vq!hqto!lqkpv!xgpvwtgu!ykvj!nkegpugf!eqpvtcevqtu!vq!tgpfgt!ugtxkegu!ykvjkp! vjg!ueqrg!qh!vjgkt!tgurgevkxg!rtcevkegu/! ! ! )g*! Wpnguu!qpg!qh!vjg!hqtgiqkpi!gzegrvkqpu!crrnkgu-!c!dkf!uwdokvvgf!vq!c!rwdnke!cigpe{!d{!c! eqpvtcevqt!yjq!ku!pqv!nkegpugf!kp!ceeqtfcpeg!ykvj!vjku!ejcrvgt!ujcnn!dg!eqpukfgtgf!pqp.tgurqpukxg!cpf! ujcnn!dg!tglgevgf!d{!vjg!rwdnke!cigpe{/!!Wpnguu!qpg!qh!vjg!hqtgiqkpi!gzegrvkqpu!crrnkgu-!c!nqecn!rwdnke! cigpe{!ujcnn-! dghqtg!cyctfkpi!c!eqpvtcev!qt! kuuwkpi!c!rwtejcug!qtfgt-!xgtkh{! vjcv!vjg!eqpvtcevqt!ycu! rtqrgtn{!nkegpugf!yjgp!vjg!eqpvtcevqt!uwdokvvgf!vjg!dkf/!!Pqvykvjuvcpfkpi!cp{!qvjgt!rtqxkukqp!qh!ncy-! wpnguu!qpg!qh!vjg!hqtgiqkpi!gzegrvkqpu!crrnkgu-!vjg!tgikuvtct!oc{!kuuwg!c!ekvcvkqp!vq!cp{!rwdnke!qhhkegt!qt! gornq{gg!qh!c!rwdnke!gpvkv{!yjq!mpqykpin{!cyctfu!c!eqpvtcev!qt!kuuwgu!c!rwtejcug!qtfgt!vq!c!eqpvtcevqt! yjq!ku!pqv!nkegpugf!rwtuwcpv!vq!vjku!ejcrvgt/!!Vjg!coqwpv!qh!ekxkn!rgpcnvkgu-!crrgcn-!cpf!hkpcnkv{!qh!uwej! ekvcvkqpu!ujcnn!dg!uwdlgev!vq!Ugevkqpu!8139/8!vq!8139/24-!kpenwukxg/!!Cp{!eqpvtcev!cyctfgf!vq-!qt!cp{! rwtejcug!qtfgt!kuuwgf!vq-!c!eqpvtcevqt!yjq!ku!pqv!nkegpugf!rwtuwcpv!vq!vjku!ejcrvgt!ku!xqkf/! ! ! )h*! Cp{!eqornkcpeg!qt!pqpeqornkcpeg!ykvj!uwdfkxkukqp!)g*!qh!vjku!ugevkqp-!cu!cffgf!d{!Ejcrvgt! 974!qh!vjg!Uvcvwvgu!qh!2;9;-!ujcnn!pqv!kpxcnkfcvg!cp{!eqpvtcev!qt!dkf!cyctfgf!d{!c!rwdnke!cigpe{!fwtkpi! yjkej!vkog!vjcv!uwdfkxkukqp!ycu!kp!ghhgev/! ! ! )i*! C!rwdnke!gornq{gg!qt!qhhkegt!ujcnn!pqv!dg!uwdlgev!vq!c!ekvcvkqp!rwtuwcpv!vq!vjku!ugevkqp!kh!vjg! rwdnke!gornq{gg-!qhhkegt-!qt!gornq{kpi!cigpe{!ocfg!cp!kpswkt{!vq!vjg!dqctf!hqt!vjg!rwtrqugu!qh!xgtkh{kpi! vjg!nkegpug!uvcvwu!qh!cp{!rgtuqp!qt!eqpvtcevqt!cpf!vjg!dqctf!hckngf!vq!tgurqpf!vq!vjg!kpswkt{!ykvjkp!vjtgg! ! ! dwukpguu! fc{u/! ! Hqt! rwtrqugu! qh! vjku! ugevkqp-! c! vgngrjqpg! tgurqpug! d{! vjg! dqctf! ujcnn! dg! fggogf! uwhhkekgpv/! ! Rwdnke!Eqpvtcev!Eqfg!'!31214/6<! ! ! Kp!cnn!eqpvtcevu!uwdlgev!vq!vjku!rctv!yjgtg!hgfgtcn!hwpfu!ctg!kpxqnxgf-!pq!dkf!uwdokvvgf!ujcnn!dg!kpxcnkfcvgf! d{!vjg!hcknwtg!qh!vjg!dkffgt!vq!dg!nkegpugf!kp!ceeqtfcpeg!ykvj!vjg!ncyu!qh!vjku!uvcvg/!!Jqygxgt-!cv!vjg!vkog! vjg!eqpvtcev!ku!cyctfgf-!vjg!eqpvtcevqt!ujcnn!dg!rtqrgtn{!nkegpugf!kp!ceeqtfcpeg!ykvj!vjg!ncyu!qh!vjku!uvcvg/!! Vjg!hktuv!rc{ogpv!hqt!yqtm!qt!ocvgtkcn!wpfgt!cp{!eqpvtcev!ujcnn!pqv!dg!ocfg!wpnguu!cpf!wpvkn!vjg!Tgikuvtct! qh!Eqpvtcevqtu!xgtkhkgu!vq!vjg!cigpe{!vjcv!vjg!tgeqtfu!qh!vjg!Eqpvtcevqtu(!Uvcvg!Nkegpug!Dqctf!kpfkecvg!vjcv! vjg!eqpvtcevqt!ycu!rtqrgtn{!nkegpugf!cv!vjg!vkog!vjg!eqpvtcev!ycu!cyctfgf/!!Cp{!dkffgt!qt!eqpvtcevqt!pqv! uq! nkegpugf! ujcnn! dg! uwdlgev! vq! cnn! ngicn! rgpcnvkgu! korqugf! d{! ncy-! kpenwfkpi-! dwv! pqv! nkokvgf! vq-! cp{! crrtqrtkcvg! fkuekrnkpct{!cevkqp! d{! vjg! Eqpvtcevqtu(! Uvcvg!Nkegpug! Dqctf/! !Vjg! cigpe{!ujcnn!kpenwfg! c! uvcvgogpv!vq!vjcv!ghhgev!kp!vjg!uvcpfctf!hqto!qh!rtg.swcnkhkecvkqp!swguvkqppcktg!cpf!hkpcpekcn!uvcvgogpv/!!! ! Hcknwtg!qh!vjg!Dkffgt!vq!qdvckp!rtqrgt!cpf!cfgswcvg!nkegpukpi!hqt!cp! cyctf!qh!c!eqpvtcev!ujcnn!eqpuvkvwvg!c!hcknwtg!vq!gzgewvg!vjg!Eqpvtcev! cpf!ujcnn!tguwnv!kp!vjg!hqthgkvwtg!qh!vjg!ugewtkv{!qh!vjg!Dkffgt/! ! ! ! Nkegpug!Pq/<aaaaaaaaaaaaaaaa! Encuu<aaaaaaaaaaaaaaaaaaa!Gzrktcvkqp!Fcvg<aaaaaaaaaaaaaaaaa! ! ! Fcvg<aaaaaaaaaaaaaaaaaa!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! GZJKDKV!H! ! CITGGOGPV!VQ!EQORN[!YKVJ!NCDQT!NCY!TGSWKTGOGPVU! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! CITGGOGPV!VQ!EQORN[!YKVJ!ECNKHQTPKC!NCDQT!NCY!TGSWKTGOGPVU! ]Ncdqt!Eqfg!''!2831-!2884/9-!2886-!2887-!2888/6-!2924-!2971-!2972-!4811_! ! Vjg!wpfgtukipgf!Eqpvtcevqt!egtvkhkgu!vjcv!kv!ku!cyctg!qh!cpf!jgtgd{!citggu!vq!hwnn{!eqorn{!ykvj!c]n!! crrnkecdng!rtqxkukqpu!qh!Ecnkhqtpkc!ncy-!kpenwfkpi!dwv!pqv!nkokvgf!vq!vjg!hqnnqykpi<! ! 2/! Eqpvtcevqt!cempqyngfigu!vjcv!vjku!Eqpvtcev!ku!uwdlgev!vq!vjg!rtqxkukqpu!qh!Fkxkukqp!3-!Rctv!8-!Ejcrvgt! 2!)eqoogpekpi!ykvj!Ugevkqp!2831*!qh!vjg!Ecnkhqtpkc!Ncdqt!Eqfg!tgncvkpi!vq!rwdnke!yqtmu!cpf!vjg!cyctfkpi! rwdnke!cigpe{!)•Cigpe{–*!cpf!citggu!vq!dg!dqwpf!d{!cnn!vjg!rtqxkukqpu!vjgtgqh!cu!vjqwij!ugv!hqtvj!kp!hwnn! jgtgkp/!!! ! 3/! Eqpvtcevqt! citggu! vq! eqorn{! ykvj! vjg! rtqxkukqpu! qh! Ecnkhqtpkc! Ncdqt! Eqfg! Ugevkqp! 2884/9! yjkej! tgswktgu!vjg!rc{ogpv!qh!vtcxgn!cpf!uwdukuvgpeg!rc{ogpvu!vq!gcej!yqtmgt!pggfgf!vq!gzgewvg!vjg!Yqtm!vq! vjg!gzvgpv!tgswktgf!d{!ncy/! ! 4/! Eqpvtcevqt!citggu!vq!eqorn{!ykvj!vjg!rtqxkukqpu!qh!Ecnkhqtpkc!Ncdqt!Eqfg!Ugevkqpu!2885!cpf!2886! eqpegtpkpi! vjg!rc{ogpv! qh!rtgxcknkpi! tcvgu!qh!ycigu! vq! yqtmgtu! cpf! vjg! rgpcnvkgu! hqt! hcknwtg! vq!rc{! rtgxcknkpi!ycigu/!!Vjg!Eqpvtcevqt!ujcnn-!cu!c!rgpcnv{!vq!vjg!Cigpe{-!hqthgkv!pqv!oqtg!vjcp!hkhv{!fqnnctu! )%61*!hqt!gcej!ecngpfct!fc{-!qt!rqtvkqp!vjgtgqh-!hqt!gcej!yqtmgt!rckf!nguu!vjcp!vjg!rtgxcknkpi!tcvgu!cu! fgvgtokpgf!d{!vjg!Fktgevqt!qh!Kpfwuvtkcn!Tgncvkqpu!hqt!vjg!yqtm!qt!etchv!kp!yjkej!vjg!yqtmgt!ku!gornq{gf!hqt! cp{!rwdnke!yqtm!fqpg!wpfgt!vjg!Eqpvtcev!d{!Eqpvtcevqt!qt!d{!cp{!uwdeqpvtcevqt/! ! 5/! Eqpvtcevqt!citggu!vq!eqorn{!ykvj!vjg!rtqxkukqpu!qh!Ecnkhqtpkc!Ncdqt!Eqfg!Ugevkqp!2887!yjkej!tgswktg! Eqpvtcevqt!cpf!gcej!uwdeqpvtcevqt!vq!)2*!mggr!ceewtcvg!rc{tqnn!tgeqtfu-!)3*!egtvkh{!cpf!ocmg!uwej!rc{tqnn! tgeqtfu!cxckncdng!hqt!kpurgevkqp!cu!rtqxkfgf!d{!Ugevkqp!2887-!cpf!)4*!kphqto!vjg!Cigpe{!qh!vjg!nqecvkqp!qh! vjg! tgeqtfu/! Vjg! Eqpvtcevqt! ku! tgurqpukdng! hqt! eqornkcpeg! ykvj! Ugevkqp! 2887! d{! kvugnh! cpf! cnn! qh! kvu! uwdeqpvtcevqtu/! ! 6/! Eqpvtcevqt!citggu!vq!eqorn{!ykvj!vjg!rtqxkukqpu!qh!Ecnkhqtpkc!Ncdqt!Eqfg!Ugevkqp!2888/6!eqpegtpkpi! vjg!gornq{ogpv!qh!crrtgpvkegu!qp!rwdnke!yqtmu!rtqlgevu-!cpf!hwtvjgt!citggu!vjcv!Eqpvtcevqt!ku!tgurqpukdng! hqt!eqornkcpeg!ykvj!Ugevkqp!2888/6!d{!kvugnh!cpf!cnn!qh!kvu!uwdeqpvtcevqtu/! ! 7/! Eqpvtcevqt!citggu!vq!eqorn{!ykvj!vjg!rtqxkukqpu!qh!Ecnkhqtpkc!Ncdqt!Eqfg!Ugevkqp!2924!eqpegtpkpi! rgpcnvkgu!hqt!yqtmgtu!yjq!yqtm!gzeguu!jqwtu/!!Vjg!Eqpvtcevqt!ujcnn-!cu!c!rgpcnv{!vq!vjg!Cigpe{-!hqthgkv! vygpv{.hkxg!fqnnctu!)%36*!hqt!gcej!yqtmgt!gornq{gf!kp!vjg!gzgewvkqp!qh!vjg!Eqpvtcev!d{!vjg!Eqpvtcevqt!qt! d{!cp{!uwdeqpvtcevqt!hqt!gcej!ecngpfct!fc{!fwtkpi!yjkej!uwej!yqtmgt!ku!tgswktgf!qt!rgtokvvgf!vq!yqtm! oqtg!vjcp!9!jqwtu!kp!cp{!qpg!ecngpfct!fc{!cpf!51!jqwtu!kp!cp{!qpg!ecngpfct!yggm!kp!xkqncvkqp!qh!vjg! rtqxkukqpu!qh!Fkxkukqp!3-!Rctv!8-!Ejcrvgt!2-!Ctvkeng!4!qh!vjg!Ecnkhqtpkc!Ncdqt!Eqfg/! ! 8/! Ecnkhqtpkc! Ncdqt! Eqfg! Ugevkqpu! 2971! cpf! 4811! rtqxkfg! vjcv! gxgt{! eqpvtcevqt! yknn! dg! tgswktgf! vq! ugewtg!vjg!rc{ogpv!qh!eqorgpucvkqp!vq!kvu!gornq{ggu/!!Kp!ceeqtfcpeg!ykvj!vjg!rtqxkukqpu!qh!Ecnkhqtpkc! Ncdqt!Eqfg!Ugevkqp!2972-!Eqpvtcevqt!jgtgd{!egtvkhkgu!cu!hqnnqyu<! ! •K!co!cyctg!qh!vjg!rtqxkukqpu!qh!Ugevkqp!4811!qh!vjg!Ncdqt!Eqfg!yjkej!tgswktg!gxgt{!gornq{gt!vq! dg!kpuwtgf!cickpuv!nkcdknkv{!hqt!yqtmgt(u!eqorgpucvkqp!qt!vq!wpfgtvcmg!ugnh.kpuwtcpeg!kp!ceeqtfcpeg!ykvj! vjg!rtqxkukqpu!qh!vjcv!eqfg-!cpf!K!yknn!eqorn{!ykvj!uwej!rtqxkukqpu!dghqtg!eqoogpekpi!vjg!rgthqtocpeg!qh! vjg!Yqtm!qh!vjku!Eqpvtcev/–! ! ! Fcvg!aaaaaaaaaaaaaaaaaaa! Ukipcvwtg!aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa! ! ! GZJKDKV!I! ! DKF!RTQRQUCN!HQTO!)KPENWFKPI!DKF!UJGGVU*! ! HZS Engineering & Construction, INC 1403 N. Batavia #108, Orange, CA 92867 3/19/24 To: City of Seal Beach 211 8Th Street Seal Beach, CA. 90740 Attention: William Luna Assistant Engineer (562) 431-2527 X 1328 SUBJECT: PIER CONCRETE ABUTMENT RESTORATION – Bid Proposal Clarification William This letter is to clarify a clerical mistake made at bid time in our proposal for this project. The words Five Hundred Sixty-Five Thousand Three Hundred Dollars and No Cents were incorrectly used for the value of $ 567,300.00 for the Total Base Bid (Items 1 Through 13). The wording should have been Five Hundred Sixty-Seven Thousand Three Hundred Dollars and No Cents. Let me know if you have any questions regarding this matter. Sincerely, Joe Fadden HZS Engineering Cell 951-226-4040 Agenda Item N AGENDA STAFF REPORT DATE:March 25, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Michael Henderson, Chief of Police SUBJECT:Seeking City Council approval to Purchase Noise Flash Diversionary Devices Pursuant to the City’s “Military Equipment” Use Policy and State Law ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7505 to approve the purchase of Noise Flash Diversionary Devices (NFDD) for the Seal Beach Police Department (“SBPD”), pursuant to the City’s “military equipment” use policy. BACKGROUND AND ANALYSIS: In April of 2022, the Seal Beach City Council adopted Ordinance 1694, approving a “military equipment” use policy. This policy complies with Government Code Sections 7070 through 7075 (AB 481) and requires the Seal Beach Police Department to obtain approval from the City Council prior to acquiring equipment that is covered by the policy. Under State law, once the City has adopted a compliant policy, law enforcement agencies are required to obtain approval from their respective governing body prior to funding, seeking funding for, or acquiring “military equipment.” Law enforcement agencies are not permitted to use “military equipment,” as defined in State law, unless it is permitted by the policy and included in the equipment inventory that is an attachment to the policy. Law enforcement agencies are further required to submit an annual military equipment report to the governing body for as long as the equipment is available for use. The term “military equipment,” as used in AB 481, does not necessarily indicate equipment that has been used by the military. Pursuant to AB 481, items deemed to be “military equipment” include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, long range acoustic devices, and flashbangs (NFDD). Items deemed to be “military equipment” by AB 481 is used as a component of overall best practices for law enforcement agencies throughout the country. These tools have been tested in the field and are Page 2 1 7 4 8 used by law enforcement agencies to enhance citizen and officer safety. Loss of these items would jeopardize the welfare of citizens and peace officers within the SBPD. SBPD is committed to using the most up to date tools and equipment to safeguard the citizens of Seal Beach and our officers. Many items deemed to be “military equipment,” by AB 481 are employed by SBPD, and law enforcement agencies across the country, to reduce risk to community members and to protect peace officers with adequate weapons and supplies. Some of the items covered by the policy provide peace officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter. To that end, the NFDD that SBPD seeks approval to acquire are approved in the policy and will provide SBPD’s peace officers with vital tools that facilitate compliance with its stringent use of force policy and de-escalations methods. There are no reasonable alternatives to the NFDD requested in this report. SBPD officers are already trained to deploy NFDDs. At this time there is a limited supply left for officers to access in the event of an emergency or Special Weapons and Tactics (SWAT) activation. These NFDDs are managed by the SWAT team members who have completed the Flash Bang Instructors course. The devices themselves are managed by and inventoried in compliance with the Alcohol Tobacco and Firearm (ATF) to ensure they are not being used recklessly. The approved use and necessity for using NFDD’s is described in the policy as follows: This is the standard diversionary flash-bang device. It is a non-bursting, non- fragmenting single use device that produces a 175db and 6-8 million candela of light output. It is ideal for distracting potentially dangerous suspects during assaults, hostage rescue, building/room entry or other high-risk arrest situations. Purpose: A diversionary device is ideal for distracting dangerous suspects during assaults, hostage rescue, and room entry or other high-risk arrest situations. It produces atmospheric overpressure and bright white light which temporarily disrupts physiological/psychological senses for about six to eight seconds. This results in sensory deprivation, which provides officers a tactical advantage. Authorized Use: Diversionary Devices shall only be used: a. By officers who have been trained in their proper use. b.In hostage and barricaded subject situations. c. In high-risk warrant (search/arrest) services where there may be extreme hazards to officers. d. During other high-risk situations where their use would enhance officer safety. e. During training exercises. Page 3 1 7 4 8 SBPD will provide an annual update on the policy and inventory, as required by AB 481, at a future meeting. 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 City of Seal Beach requested four (4) quotes for the product from various vendors. The lowest bid was received from AARDVARK for Mini Flash Bangs Steel Body – Single Uses – at a unit cost of $50.00 per unit and Double Bang, Low Roll Aluminum Body $71.88 per unit (Plus freight). Additionally, the lowest bid of Enhanced Diversionary Device (EDD) Initiator and trainers was received from Liberty Dynamic: Mini Single Use - 24 units = Total $1,485.00 Double Bang – 24 units = Total $2,056.07 EDD Initiator 15 units and 5 trainer / 48 reloader and trainer / safety magnet = Total $6,017.00 Total cost = $9,558.07 This is a budgeted item for the Seal Beach Police Department. Based on availability of the product at the time of approval for purchase, the Police Department may purchase less than the approved amount. This will reflect in annual inventory related to the regulations of AB 481. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7505 to approve the purchase of Noise Flash Diversionary Devices (NFDD) for the Seal Beach Police Department (“SBPD”), pursuant to the City’s “military equipment” use policy. Page 4 1 7 4 8 SUBMITTED BY: NOTED AND APPROVED: Michael Henderson Jill R. Ingram Michael Henderson, Chief of Police Jill R. Ingram, City Manager Prepared by: Michael Ezroj, Operations Captain ATTACHMENTS: A. Resolution 7505 B. Ordinance 1694 B. Policy 706 C. Aardvark: Price Quote D. Liberty Dynamic LLC Quote RESOLUTION 7505 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE PURCHASE OF NOISE FLASH DIVERSIONARY DEVICES PURSUANT TO THE CITY OF SEAL BEACH’S MILITARY EQUIPMENT USE POLICY WHEREAS, the City Council approved a “military equipment use policy” in April 2022 by adopting Ordinance 1694, pursuant to the requirement of State law; and, WHEREAS, Ordinance 1694 requires the approval of City Council for the Seal Beach Police Department Co purchase Noise Flash Diversionary Devices; and, WHEREAS, the City Council hereby approves purchase of this Noise Flash Diversionary Devices which is consistent with the policy and will provide Seal Beach Police officers the proper tools for dealing with de-escalations and high-risk incidents, if needed. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The purchase of up to 24 Mini Bangs and up to 24 Double Bangs by the Seal Beach Police Department is approved, pursuant to Ordinance 1694. Section 2. The purchase of up to 15 EDD Initiator and 5 trainers and up to 48 reloader, 48 trainers, and a safety magnet. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 25th day of March 2024 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Schelly Sustarsic, Mayor 8 8 4 0 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 7505 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 25th day of March 2024. Gloria D. Harper, City Clerk Policy 706 Seal Beach Police Department Seal Beach PD Policy Manual Copyright Lexipol, LLC 2024/01/15, All Rights Reserved. Published with permission by Seal Beach Police Department Military Equipment - 1 Military Equipment 706.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the approval, acquisition, reporting requirements, and use of military equipment (California Government Code § 7070; Government Code § 7071; Government Code § 7072). This policy is provided to fulfill the obligations set forth in Assembly Bill No. 481, enacting the foregoing Code sections. These obligations include, but are not limited, to seeking approval for the use and acquisition of specific items deemed to be military equipment, and requirements related to compliance, annual reporting, cataloging, and complaints regarding these items. 706.1.1 DEFINITION OF MILITARY EQUIPMENT California Government Code § 7070 defines "military equipment" as including: •Unmanned, remotely piloted, powered aerial or ground vehicles. •Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. •High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. •Tracked armored vehicles that provide ballistic protection to their occupants. •Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. •Weaponized aircraft, vessels, or vehicles of any kind. •Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram. •Firearms and ammunition of.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition. •Specialized firearms and ammunition of less than.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code §30515, with the exception of standard-issue handguns. •Any firearm or firearm accessory that is designed to launch explosive projectiles. •Noise-flash diversionary devices and explosive breaching tools. •Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray. •TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs). •Kinetic energy weapons and munitions. •Any other equipment as determined by a governing body or a state agency to require additional oversight. Seal Beach Police Department Seal Beach PD Policy Manual Military Equipment Copyright Lexipol, LLC 2024/01/15, All Rights Reserved. Published with permission by Seal Beach Police Department Military Equipment - 2 706.2 POLICY It is the policy of the Seal Beach Police Department that members of this Department shall comply with the provisions of Government Code § 7071, et seq., with respect to military equipment. It is the policy of the Seal Beach Police Department that there shall be legally enforceable safeguards, including transparency, oversight, and accountability measures in place to protect the public's welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used. 706.3 MILITARY EQUIPMENT COORDINATOR The Chief of Police designates the Support Services Bureau Lieutenant to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include, but are not limited to: (a)Acting as liaison to the City Council for matters related to the requirements of this policy. (b)Identifying equipment that qualifies as military equipment in the current possession of the Department, and/or military equipment the Department intends to acquire that requires approval by the City Council. (c)Conducting an inventory of all Department military equipment at least annually. (d)Collaborating with any allied agency that may use military equipment within the jurisdiction of Seal Beach Police Department (Government Code § 7071). (e)Preparing for, scheduling, and coordinating the annual community engagement meeting, which includes: 1.Publicizing the details of the meeting. 2.Preparing for public questions regarding the Department's funding, acquisition, and use of equipment. (f)Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the Department website (Government Code § 7072). (g)Coordinating the processing of complaints and concerns submitted pursuant to Section 706.7 of this policy. 706.4 MILITARY EQUIPMENT USE CONSIDERATIONS The military equipment acquired and authorized by the Department is: (a)Necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (b)Reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. Military equipment shall only be used by a Department employee after the employee has received the training specified herein, any course required by the Commission on Peace Officer Standards and Training (POST), has been successfully completed, unless exigent circumstances arise. Seal Beach Police Department Seal Beach PD Policy Manual Military Equipment Copyright Lexipol, LLC 2024/01/15, All Rights Reserved. Published with permission by Seal Beach Police Department Military Equipment - 3 706.5 MILITARY EQUIPMENT REPORTING CONSIDERATIONS Upon approval of a military equipment policy, the Chief of Police or the authorized designee shall submit a military equipment report to the City Council for each type of military equipment approved within one year of approval of this policy, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072). The Chief of Police or the authorized designee shall also make each annual military equipment report publicly available on the Department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year, for each type of military equipment in the Department's inventory. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment: (a)A summary of how the military equipment was used and the purpose of its use. (b)A summary of any complaints or concerns received concerning the military equipment. (c)The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (d)The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (e)The quantity possessed for each type of military equipment. (f)If the Department intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. Within 30 days of submitting and publicly releasing an annual military equipment report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and Seal Beach Police Department's funding, acquisition, or use of military equipment. This shall occur as a part of the Department's presentation to the City Council. 706.6 CATALOGING OF MILITARY USE EQUIPMENT All military use equipment kept and maintained by the Seal Beach Police Department shall be cataloged in a way which addresses each of the following requirements: 1.The manufacturer's description of the equipment. 2.The capabilities of the equipment. 3.The purposes and authorized uses for which the Department proposes to use the equipment. 4.The expected lifespan of the equipment. 5.The fiscal impact of the equipment, both initially and for on-going maintenance. Seal Beach Police Department Seal Beach PD Policy Manual Military Equipment Copyright Lexipol, LLC 2024/01/15, All Rights Reserved. Published with permission by Seal Beach Police Department Military Equipment - 4 6.The quantity of the equipment, whether maintained or sought. 706.7 COMPLIANCE The Support Services Bureau Lieutenant will ensure that all Department members comply with this policy and will conduct an annual audit. The Chief of Police or designee will be notified of any policy violations and, as appropriate, the violation(s) will be referred to the Internal Affairs Division and handled in accordance with Policy 1009 (Personnel Complaints). All instances of non-compliance will be reported to City Council via the annual military equipment report. Any member of the public can register a question or concern regarding military use equipment by contacting the Seal Beach Police Department via email at askacop@sealbeachca.gov. A response to the question or concern shall be completed and provided by the Department in a timely manner, but not to exceed thirty (30) days. Any member of the public can submit a complaint to any member of the Department and in any form (i.e., in person, telephone, email, etc.). Once the complaint is received, it shall be routed to the Internal Affairs Division in accordance with Policy 1009. 706.8 FUNDING The Department shall obtain City Council approval, by an ordinance adopting a new or revised military equipment use policy, prior to seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting, or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. The Department has authority to apply for funding prior to obtaining City Council approval in the case of exigent circumstances.In such case, the Department shall obtain City Council approval as soon thereafter as practicable. In seeking such approval, the Support Services Bureau Lieutenant will submit to the City Council a report explaining the nature of the exigency and why prior approval could not be obtained. 706.9 MILITARY EQUIPMENT INVENTORY The following constitutes an inventory of previously purchased equipment for the Seal Beach Police Department deemed to be military and militaristic as defined by this policy. 1. Unmanned Aircraft System (UAS) A UAS is an unmanned aircraft and the equipment necessary for the safe and efficient operation of the aircraft. An unmanned aircraft is a component of a UAS. It is defined by statute as an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft. Current Inventory: DJI MAVIC 2 ENTERPRISE DUAL Description: UAS that has a color and infrared camera as well as audible speaker and light. Capable of video recording and weighs 899 grams, approx. 30 minutes of flight time. Seal Beach Police Department Seal Beach PD Policy Manual Military Equipment Copyright Lexipol, LLC 2024/01/15, All Rights Reserved. Published with permission by Seal Beach Police Department Military Equipment - 5 Quantity: 2 Purchase Price: $5,500 each DJI Avata Description: First-person-view (FPV) "Cinewhoop" UAS designed to take high-quality video. The model is smaller, lighter, more agile, and equipped with propeller guards so that it is safe to fly around people and in-door use. Quantity: 1 (Serial Number 1581F4QWD227B0021HFY) Purchase Price: $677.74 each Purpose: To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to: (a)major collision investigations (b)search for missing persons (c)natural disaster management (d)crime scene photography (e)SWAT, tactical or other public safety and life preservation missions (f)In response to specific requests from local, state, or federal fire authorities for fire response and/or prevention. Authorized Use: Only assigned operators who have completed the required training shall be permitted to operate any UAS during approved missions. Expected Life Span: All UAS equipment, 3-5 years. Fiscal Impact: Annual maintenance and battery replacement cost is approximately $2,000. Training Required: All Department UAS operators must be licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must attend a 40-hour Department training and ongoing quarterly training. Legal and Procedural Rules: Use is established under Policy 606, FAA Regulation 14 CFR Part 107, and the City of Seal Beach UAS policy. It is the policy of the Seal Beach Police Department to utilize UAS only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law. 2. 40 MM Launchers and Rounds 40MM Launchers are utilized by Department personnel as a less lethal tool to launch impact rounds. Current Inventory: DEFENSE TECHNOLOGY, 40MM SINGLE SHOT LAUNCHER Seal Beach Police Department Seal Beach PD Policy Manual Military Equipment Copyright Lexipol, LLC 2024/01/15, All Rights Reserved. Published with permission by Seal Beach Police Department Military Equipment - 6 Description: The 40MM Single Launcher is a tactical single shot launcher that features an expandable ROGERS Super Stock and an adjustable Integrated Front Grip (IFG) with light rail. It will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. It will launch a 40mm less lethal round up to 131 feet and is only authorized to be used by SWAT personnel. Serial Numbers #D36434/FW21222/FW21223. Quantity: 1 Purchase Price: $1,000 each DEFENSE TECHNOLOGY, EXACT IMPACT 40MM ROUND Description: The eXact iMpact 40mm sponge round is a point-of-aim, point-of-impact direct- fire round. This is a lightweight, high-speed projectile consisting of a plastic body and sponge projectile that is spin stabilized via the incorporated rifling collar and the 40mm launcher's rifled barrel. The round utilizes smokeless powder as the propellant, and therefore, has velocities that are extremely consistent. It is used for crowd control, patrol, and tactical applications. Part Number 6325. Quantity: 41 Purchase Price: $26.50 each Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Authorized Use: Situations for use of the less lethal weapon systems may include, but are not limited to: (a)Self-destructive, dangerous and/or combative individuals. (b)Riot/crowd control and civil unrest incidents. (c)Circumstances where a tactical advantage can be obtained. (d)Potentially vicious animals. (e)Training exercises or approved demonstrations. Training: Sworn members utilizing 40mm less lethal chemical agents or impact rounds must first be trained in their use by POST certified less lethal and chemical agent instructors. Expected Life Span: Defense Technology Launchers - 25 years, Rounds - 5 years. Fiscal Impact: Annual maintenance is approximately $50 for each launcher. Legal and Procedural Rules: Use is established under Policy 302.7.2. It is the policy of the Seal Beach Police Department to utilize the 40mm only for official law enforcement purposes, and pursuant to State and Federal law, including laws regarding the use of force. 3. Less Lethal Shotgun Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round. Seal Beach Police Department Seal Beach PD Policy Manual Military Equipment Copyright Lexipol, LLC 2024/01/15, All Rights Reserved. Published with permission by Seal Beach Police Department Military Equipment - 7 Current Inventory: REMINGTON 870 LESS LETHAL SHOTGUN Description: The Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12- gauge Super-Sock Beanbag Round up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of De-escalation. Quantity: 13 Purchase Price: $946 each Drag Stabilized 12-GAUGE BEANBAG ROUND Description: A less lethal 2.4-inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS). Drag Stabilized rounds are discharged from a dedicated 12-gauge shotgun that is distinguishable by an orange butt stock and fore grip. This round provides accurate and effective performance when fired from the approved distance of not fewer than five (5) feet. The maximum effective range of this munition is up to 75 feet from the target. The Drag Stabilized Model is in its deployed state immediately upon exiting the barrel. It does not require a minimum range to "unfold" or "stabilize." The Drag Stabilized Model is an aerodynamic projectile. However, accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator. The Drag Stabilized Model is very accurate. However, effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts. Quantity: 317 Purchase Price: $5 each Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Authorized Use: Situations for use of the less lethal weapon systems may include, but are not limited to: (a)Self-destructive, dangerous and/or combative individuals. (b)Riot/crowd control and civil unrest incidents. (c)Circumstances where a tactical advantage can be obtained. (d)Potentially vicious animals. (e)Training exercises or approved demonstrations. Expected Life Span: Remington 870 Less Lethal Shotgun- 25 years, Drag Stabilized 12-Gauge beanbag round - no listed expiration date. Fiscal Impact: Annual maintenance is approximately $50 for each shotgun. Seal Beach Police Department Seal Beach PD Policy Manual Military Equipment Copyright Lexipol, LLC 2024/01/15, All Rights Reserved. Published with permission by Seal Beach Police Department Military Equipment - 8 Training: All officers must first be trained in the 12 gauge less lethal shotgun as a less lethal option by in-service training. SWAT personnel receive additional training internally when they transfer to the unit. SWAT operators who utilize these munitions must have been through and successfully completed a POST approved gas school and/or trained in house by POST certified chemical agent instructors for muzzle blast training. Legal and Procedural Rules: Use is established under Policy 305.4.2. It is the policy of the Seal Beach Police Department to utilize the less lethal shotgun only for official law enforcement purposes, and pursuant to State and Federal law, including laws regarding the use of force. 4. Rifles Firearm designed and intended to be fired from the shoulder and designed to use the energy in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger. Current Inventory: Colt AR-15 223 16" Description: lightweight, magazine-fed, gas-operated semi-automatic rifle. Caliber 223, 16- inch barrel. Quantity: 37 Purchase Price: $846.56 per firearm Colt AR-15 223 Short Barrel Rifle (SBR) Description: lightweight, magazine-fed, gas-operated semi-automatic rifle. Caliber 223, 16- inch barrel. Quantity: 3 Purchase Price: $1,223.64 per firearm Geissele AR-15 223 14.5 SBR Description: lightweight, magazine-fed, gas-operated semi-automatic rifle. Caliber 223, 14.5- inch barrel. Quantity: 5 Purchase Price: $750 per firearm Geissele AR-15 5.56 10.3 SBR Description: lightweight, magazine-fed, gas-operated semi-automatic rifle. Caliber 5.56, 10.3- inch barrel. Quantity: 6 Purchase Price: $925 per firearm Seal Beach Police Department Seal Beach PD Policy Manual Military Equipment Copyright Lexipol, LLC 2024/01/15, All Rights Reserved. Published with permission by Seal Beach Police Department Military Equipment - 9 H&K MP-7 4.6X30 7.1" Description: lightweight, magazine-fed, gas-operated semi-automatic rifle. Chambered for the HK 4.6×30mm armor-piercing cartridge designed by manufacturer Heckler & Koch. 7.1- inch barrel. Quantity: 2 Purchase Price: $1,852.20 per firearm Winchester.223 Remington 55GR silver tip rifle round Description:.223 Remington caliber, Fragmenting Polymer Tip (FPT), 55 grain bullet weight, brass cartridge case material. Quantity: 3,680 Purchase Price: $802.74 (price per 1,000) Winchester.223 Remington 55GR frangible rifle round Description:.223 Remington caliber, Frangible, 55 grain bullet weight, brass cartridge case material. Quantity: 1,900 Purchase Price: $668.05 (price per 1,000) Winchester 5.56 MM 55GRFull Metal Jacket (FMJ) rifle round Description: 5.56 MM caliber, Full Metal Jacket (FMJ), 55 grain bullet weight, brass cartridge case material. Quantity: 6,000 Purchase Price: $392.21 (price per 1,000) L-Tech 4.6 x 30MM 31GR Frangible rifle round Description: 4.6x30MM caliber, Frangible, 31 grain bullet weight. Quantity: 4,800 Purchase Price: $437.50 (price per 1,000) L-Tech 4.6 x 30MM 31GR OTM Description: 4.6x30MM caliber, Open Tip Match (OTM), 31 grain bullet weight. Quantity: 880 Purchase Price: $572.00 (price per 1,000) Purpose: To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible. Authorized Use: Only members that are POST certified are authorized to use a rifle. Seal Beach Police Department Seal Beach PD Policy Manual Military Equipment Copyright Lexipol, LLC 2024/01/15, All Rights Reserved. Published with permission by Seal Beach Police Department Military Equipment - 10 Expected Life Span: No expiration date. Fiscal Impact: Annual maintenance is approximately $50 for each rifle. Training: Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are required to pass a range qualification two times a year. Legal and Procedural Rules: Use is established under Policy 305.4.3. It is the policy of the SBPD to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal laws regarding the use of force. 5. PepperBall Launcher A device that discharges irritant projectiles. Current Inventory: Tippmann PepperBall Gun Description: A compressed-air powered launcher designed to fire non-lethal PepperBall projectiles. Quantity: 2 Purchase Price: $1,146.50 PepperBall LIVE-X PROJECTILE Description: The Live Projectile contains a concentrated amount of PAVA pepper powder. One round of LIVE-X contains the equivalent to 10 PepperBall rounds. Discharged from a PepperBall Launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 60ft and an area of saturation of 150+ft. The projectile contains 5% PAVA Powder. Quantity: 340 Purchase Price: $3 per projectile Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include but are not limited to: (a)Self-destructive, dangerous and/or combative individuals. (b)Riot/crowd control and civil unrest incidents. (c)Circumstances where a tactical advantage can be obtained. (d)Potentially vicious animals. (e)Training exercises or approved demonstrations. Authorized Use: Only those officers who have been trained in the use of PepperBall launchers are authorized to use the PepperBall launchers. Seal Beach Police Department Seal Beach PD Policy Manual Military Equipment Copyright Lexipol, LLC 2024/01/15, All Rights Reserved. Published with permission by Seal Beach Police Department Military Equipment - 11 Training: Only sworn members may utilize PepperBall launchers and projectiles and must first be trained in their use by POST certified less lethal and chemical agent instructors. Expected Life Span: (a)Tippmann PepperBall Gun - 20 years (b)PepperBall Live-X Projectile - 3 years Fiscal impact: Annual maintenance is approximately $50 for each PepperBall launcher. Legal and Procedural Rules: Use is established under Policy 302.7.2. It is the policy of the SBPD to utilize PepperBall only for official law enforcement purposes, and pursuant to State and Federal law, including laws regarding the use of force. 706.10 MILITARY SWAT EQUIPMENT INVENTORY The Seal Beach Police Department participates in the West County Special Weapons and Tactics (SWAT) team, a regional SWAT and Crisis Negotiation Team (CNT) with Officers from the cities of Seal Beach, Los Alamitos, Cypress, Fountain Valley, and Westminster. The following constitutes an inventory of previously purchased equipment known to be owned and/ or utilized by law enforcement units with which the Seal Beach Police Department collaborates and/or participates for law enforcement purposes, which are deemed to be military and militaristic as defined by this policy. The equipment in this section is primarily used by the members of the West County SWAT Team. 1. Armored Vehicles Commercially produced wheeled armored personnel vehicle utilized for law enforcement purposes. Current Inventory: LENCO BEARCAT G2 Description: Armored vehicle that seats 10-12 personnel with open floor plan that allows for rescue of down personnel. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor, VIN FDAF5HT2BEC98082. Quantity: 1 Purchase Price: Refer to Westminster Police Department policy Purpose: To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents. Authorized Use: The use of armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training. Seal Beach Police Department Seal Beach PD Policy Manual Military Equipment Copyright Lexipol, LLC 2024/01/15, All Rights Reserved. Published with permission by Seal Beach Police Department Military Equipment - 12 Expected Lifespan: 25 years. Fiscal Impact: Annual maintenance cost of approximately $10,000. Training: All driver/operators must first attend formalized instruction and be trained in vehicle operations and practical driving instruction. Legal and Procedural Rules: It is the policy of the Department to utilize armored vehicles only for official law enforcement purposes, and pursuant to State and Federal law. Other Notes: The bearcat was obtained through the UASI group procurement process in 2012. The vehicle is currently stored at Westminster Police Department and used by the West County SWAT during training and SWAT operations for the region. 2. Mobile Command Post Vehicle (MCP) A vehicle used mobile office that provides shelter, access to Department computer systems, and restroom facilities during extended events. Current Inventory: Freightliner M2 106 vehicle Description: The MCP can also be utilized for SWAT/CNT and other critical incidents, preplanned large events, searching for missing persons, natural disasters, and community events. Quantity: 1 Purchase Price: Refer to Cypress Police Department policy Purpose: To be used based on the specific circumstances of a given critical incident, large event, natural disaster, or community event that is taking place. Authorized Use: Only officers trained in their deployment and operations in a manner consistent with Department policy and training are authorized to operate the MCP. Furthermore, only officers who have completed the California State Class B Commercial driving school and become properly licensed will be allowed to drive the MCP. Situations which the MCP is authorized for use would include but not be limited to critical incidents, emergencies, and natural disasters. Expected Lifespan: The MCP, 20-year lifespan on chassis and vehicle structure. Upgrades needed in 7 years to maintain IT systems. Fiscal Impact: Annual maintenance cost is approximately $1,000. Cost-sharing for the vehicle is administered by the Cypress Finance Department and each city is billed a third of costs associated with the annual vehicle maintenance and technology service fees. Training: The driver/operator must first receive training in the safe handling of the vehicle on a closed training course. Once the operator has shown competence in vehicle handling, the driver/ operator will drive the vehicle throughout the city with an experienced driver. Driver/operators shall Seal Beach Police Department Seal Beach PD Policy Manual Military Equipment Copyright Lexipol, LLC 2024/01/15, All Rights Reserved. Published with permission by Seal Beach Police Department Military Equipment - 13 also undergo California Department of Motor Vehicles commercial vehicle testing and possess a Class B driver's license. Legal and Procedural Rules: It is the policy of the Department to use the MCP only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles. Other Notes: After the City of Anaheim UASI group completed the procurement process and the vehicle was built, the City of Cypress took delivery of the MCP on April 19, 2007. The City of Cypress entered into an agreement with the cities of Los Alamitos and Seal Beach to accept, house, utilize and cost-share repairs and routine maintenance for the regional MCP vehicle. The vehicle is currently housed inside a City of Seal Beach fire station (OCFA station #48) and is utilized by all three cities for special events that include DUI checkpoints, public relations presentations, and emergency incidents. The vehicle is also the primary command and control platform for West County S.W.A.T. during training and S.W.A.T. operations for the region. The vehicle is staffed with a team of City employees and designated volunteers from all three cities including the West Cities Police Dispatch Communications Center. Cost-sharing for the vehicle is administered by the Cypress Finance Department and each city is billed a third of costs associated with the annual vehicle maintenance and technology service fees. 3. Light Sound Diversionary Devices (LSDD) A device used to distract dangerous persons. Current Inventory: COMBINED TACTICAL SYSTEMS (CTS), MODEL 7290 FLASH BANG Description: This is the standard diversionary flash-bang device. It is non-bursting, non- fragmenting single use device that produces a 175db and 6-8 million candela of light output. It is ideal for distracting potentially dangerous suspects during assaults, hostage rescue, building/room entry or other high-risk arrest situations. Quantity: 1 Purchase Price: $45 each DEFENSE TECHNOLOGY, NO. 15 STINGER GRENADE Description: This is a hand-held, hand-thrown grenade and has an initial 1 second delayed fuse. Once the fuse is discharge at a low speed, the main charge detonates to produce a loud sound and bright flash of light, and the distribution of approximately 180 rubber pellets of.32 caliber size are expelled from the grenade, and the pellets can travel up to 50 ft. from the point of detonation. Quantity: 15 Purchase Price: $36 each Seal Beach Police Department Seal Beach PD Policy Manual Military Equipment Copyright Lexipol, LLC 2024/01/15, All Rights Reserved. Published with permission by Seal Beach Police Department Military Equipment - 14 Purpose: A diversionary device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. To produce atmospheric overpressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage. Authorized Use: Diversionary Devices shall only be used: (a)By officers who have been trained in their proper use. (b)In hostage and barricaded subject situations. (c)In high-risk warrant (search/arrest) services where there may be extreme hazards to officers. (d)During other high-risk situations where their use would enhance officer safety. (e)During training exercises. Expected Lifespan: Until used. Fiscal Impact: No annual maintenance. Training: Prior to use, officers must attend diversionary device training that is conducted by POST certified instructors. Legal and Procedural Rules: Use is established under Policy 302.6. It is the policy of the SBPD to utilize diversion devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force. Other Notes: This equipment is owned and operated by West County SWAT through the Cypress Police Department, which could result in its deployment and/or use in the City of Seal Beach. 4. Chemical Agent and Smoke Canisters Canisters that contain chemical agents that are released when deployed. Current Inventory: DEFENSE TECHNOLOGY, DIRECT IMPACT 40MM CS ROUND Description: The Direct Impact 40MM CS munition is a point-of-aim, point-of-impact direct- fire round. The munition can be used to incapacitate a single subject or control a crowd. The munition is loaded with CS powder and is combined with lightweight, high-speed crushable foam projectile for maximizing the potential for incapacitation. Part Number 6322. Quantity: 4 Purchase Price: $26.50 each DEFENSE TECHNOLOGY, DIRECT IMPACT 40MM OC ROUND Description: The 40MM Direct Impact OC munition is a point-of-aim, point-of-impact direct- fire round. The munition is loaded OC powder and is combined with a lightweight, high-speed projectile consisting of a plastic body and crushable foam nose. Part Number 6320. Seal Beach Police Department Seal Beach PD Policy Manual Military Equipment Copyright Lexipol, LLC 2024/01/15, All Rights Reserved. Published with permission by Seal Beach Police Department Military Equipment - 15 Quantity: 5 Purchase Price: 26.50 each DEFENSE TECHNOLOGY, FLAMELESS TRI-CHAMBER CS GRENADE Description: The design of the Tri-Chamber Flameless CS Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. This grenade will deliver 20 grams of agent during its 20-30 seconds burn time. The device is not launchable. Part Number 1032. Quantity: 2 Purchase Price: $34.94 each DEFENSE TECHNOLOGY SPEDE-HEAT CS GRENADE Description: The Spede-Heat CS Grenade is a high volume, continuous burn munition. It expels a CS payload of 81.2 grams in approximately 20-40 seconds. The CS is discharged through four gas ports on top of the canister, three gas ports on the side, and one gas port on the bottom. The device is launchable. Part Number 1072. Quantity: 15 Purchase Price: $28.30 each DEFENSE TECHNOLOGY CS TRIPLE-CHASER SEPARATING CANISTER Description: The Triple-Chaser separating CS consists of three separate canisters pressed together with separating charges between each section (canister). When deployed, this grenade will separate into three (3) distinct sub-munitions, spaced approximately 20ft. apart. This allows increased area coverage in a short period of time, from one deployment. Terrain and surface conditions can affect the distance of the separating sub-munitions. The device is specifically designed for outdoor use in crowd control situations. The separating function and relatively quick burn time minimizes the potential of a "throwback" from hostile or combative subjects. The munition is launchable. Part Number 1026. Quantity: 1 Purchase Price: $44.89 each DEFENSE TECHNOLOGY 40MM CS FERRET POWDER BARRICADE PENETRATING PROJECTILE ROUND Description: The 40MM CS Ferret Powder munition is a barricade penetrating round filled with a CS Powder chemical agent. It is a frangible projectile that is spin stabilized utilizing barrel rifling of the 40MM launcher. It is non-burning and designed to penetrate barriers. It is primarily used to dislodge barricaded subjects and can also be used for area denial. It is used by tactical teams to penetrate barriers such as windows, hollow core doors, wallboard (drywall), and thin plywood. Upon impact, the nose ruptures and instantaneously delivers Seal Beach Police Department Seal Beach PD Policy Manual Military Equipment Copyright Lexipol, LLC 2024/01/15, All Rights Reserved. Published with permission by Seal Beach Police Department Military Equipment - 16 the agent payload inside of a structure of vehicle. The active CS agent is 7.6 grams and instantaneously discharges on impact. Part Number 2292. Quantity: 7 Purchase Price: $20.91 each DEFENSE TECHNOLOGY 40MM CS FERRET LIQUID BARRICADE PENETRATING PROJECTILE ROUND Description: The 40MM CS Ferret Liquid munition is a frangible projectile filled with chemical agent. It is designed to deliver chemical agents in barricade situations from a 40mm launcher. Spin stabilization from barrel rifling affords maximum stand-off distance and accuracy for safety. The munition is non-burning and suitable for indoor use. It is designed to penetrate barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. The active CS agent is 27.6 grams and instantaneously discharges on impact. Part Number 2262. Quantity: 7 Purchase Price: $21.53 each DEFENSE TECHNOLOGY CS RIOT CONTROL CONTINUOUS DISCHARGE GRENADE Description: The Riot Control CS Grenade is designed specifically for outdoor use in crowd control situations with a high volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusive. This launchable grenade is 6.0 in. by 2.35 in. and holds approximately 0.88oz. of active agent. Quantity: 15 Purchase Price: $32.70 DEFENSE TECHNOLOGY POCKET TACTICAL CS GRENADE Description: The Pocket Tactical CS Grenade is small, and lightweight. The 0.9 oz. of active agent will burn approximately 20-40 seconds. At 4.75 in. by 1.4 inches in size, it easily fits in most tactical pouches. This is a launchable grenade; however it is normally used as a signaling or covering device. Though this device is slightly over four inches in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a full size tactical grenade. Quantity: 15 Purchase Price: $31.25 Seal Beach Police Department Seal Beach PD Policy Manual Military Equipment Copyright Lexipol, LLC 2024/01/15, All Rights Reserved. Published with permission by Seal Beach Police Department Military Equipment - 17 Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to: (a)Self-destructive, dangerous and/or combative individuals. (b)Riot/crowd control and civil unrest incidents. (c)Circumstances where a tactical advantage can be obtained. (d)Potentially vicious animals. (e)Training exercises or approved demonstrations. Authorized Use: Only officers who have received POST certification in the use chemical agents are authorized to use chemical agents. Training: Sworn members utilizing chemical agent canisters must first be certified by POST less lethal and chemical agent instructors. Expected Lifespan: 5 years from manufacturing date. Fiscal Impact: No annual maintenance. Legal and Procedural Rules: Use is established under the Seal Beach Police Department Chemical Agent Policy 302.7.2. It is the policy of the SBPD to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force. Other Notes: This equipment is owned and operated by Seal Beach Police Department and used by the West County SWAT during training and SWAT operations for the region. 5. Kinetic Breaching Tools Tools that are used to conduct a kinetic breach. The tool utilizes a self contained impact ram that has no projectiles or explosive pressures exiting the tool. Current Inventory: Kinetic Breaching Tool (KBT) Model 3-1000 Description: The KBT is a powder actuated kinetic energy forced entry tool. It utilizes a crimped blank explosive charge which drives a captive steel impact plate directed at the breach point. The impact plate extends forward out of the clamshell shroud and impacts against the target with a high level of kinetic energy to defeat the entry point or fortification. The impact plate automatically retracts and is reset in the breaching device. The KBT uses semi-automatic cycling, allowing repeated strikes on hardened or multiple targets. The KBT's intended use is for forced entry during high-risk operations with secure entry points and is designed to be operated by a single officer/tactical team member. The KBT weighs 28 lbs. dimensions are 35 in. x 9.9 in. x 9.3 in. and has an audible report of 115 dB. The KBT utilizes a proprietary blank cartridge to deliver up to 850 ft. lbs. of kinetic energy through the steel Seal Beach Police Department Seal Beach PD Policy Manual Military Equipment Copyright Lexipol, LLC 2024/01/15, All Rights Reserved. Published with permission by Seal Beach Police Department Military Equipment - 18 ram. There is no projectile or explosive energy that leaves the device except for the force of the ram, which is permanently captured in the breaching device. Quantity: 1 Purchase Price: $10,494.38 each Purpose: To safely gain entry into a structure. Authorized Use: Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises. Expected Lifespan: (a)Kinetic Breaching Tool (KBT) - 30 years (b)Blank cartridges – 5 years (preferably rotate rounds within 1 year) Fiscal Impact: No annual maintenance. Training: All officers who use explosive breaching tools shall first attend 40 hours of explosive breaching instruction and must additionally receive quarterly training for explosive operations. Legal and Procedural Rules: It is the policy of the Seal Beach Police Department to utilize breaching tools only for official law enforcement purposes, and pursuant to State and Federal law. Other Notes: This equipment is owned and operated by Seal Beach Police Department and used by the West County SWAT during training and SWAT operations for the region. 6. Long Range Acoustic Device (LRAD) A high intensity directional acoustical array for long-range, crystal-clear hailing, notification, and an unmistakable warning tone. The LRAD is primarily used as a communication device. Current Inventory: Genasys Long-Range Acoustic Device (LRAD) Model 500X Description: The Genasys Long-Range Acoustic Device (LRAD) is a public address system optimized to the primary range of hearing. The LRAD system can deliver a live or recorded voice message with clarity for any operational scenario. LRAD's advanced driver and waveguide technology ensures every broadcast is clearly heard and understood, even above crowd, engine, and background noise. The LRAD 500X is compact, lightweight, and designed for applications ranging from fixed security installations to vehicles and vessels. The 500X is easily mounted and transportable to provide law enforcement long-range communication and safe, scalable non-kinetic escalation of force. The audible range of the LRAD 500X can reach up to 6,561 ft. American Technology Corp. Serial Number: 05984 UASI ASAUA/DHS Number 11-00456. Quantity: 1 Purchase Price: Refer to Westminster Police Department policy Seal Beach Police Department Seal Beach PD Policy Manual Military Equipment Copyright Lexipol, LLC 2024/01/15, All Rights Reserved. Published with permission by Seal Beach Police Department Military Equipment - 19 Purpose: To be used to issue dispersal orders during crowd and riot control situations or to address the public in the event of civil emergencies, natural disasters, evacuations, and police incidents (e.g., missing persons, perimeters for wanted suspects/ K9 deployments, etc.). The LRAD may also be used to issue a warning tone. Authorized Use: LRAD use may only occur after the authorization of the Incident Commander or SWAT Commander in the field and/or during training exercises by personnel trained to operate the LRAD. Expected Lifespan: 25 years with proper maintenance Fiscal Impact: No annual maintenance. Training: Only officers trained in the use of the LRAD are authorized to set up and operate the device. Legal and Procedural Rules: It is the policy of the Seal Beach Police Department to utilize the Long-Range Acoustic Device (LRAD) only for official law enforcement purposes, and pursuant to State and Federal Law. Other Notes: This equipment is owned and operated by West County SWAT through the Westminster Police Department, which could result in its deployment and/or use in the City of Seal Beach. 7. Robots A remotely controlled unmanned machine that operates on the ground, which is utilized to enhance the safety of the community and officers. Current Inventory: TRANSCEND Vantage Patrol Robot Description: Transcend's Vantage robot is the world's only double-patented automatic stair and obstacle climbing robot for First Responders. It's the only option for First Responders that want their robot to "just figure it out" on the first attempt to climb stairs, clothes, and junk without the burden of tedious manual controls associated with flippers and other limb systems. This means the Vantage can be used without prior training to enter a house or building to see, hear and learn what's happening before sending officers inside. Cameras: Drive Camera (Night Vision), Pan Tilt Zoom (25x zoom, 90/15 degree up/down tilt, auto infrared night vision), FLIR Thermal. 3 hours constant driving, 12 hours monitoring / intermittent driving. 100+ lb. payload, zero degree turning radius, two-way audio (push to talk), key ignition, easy battery swapping (robot and controller). Quantity: 1 Purchase Price: Refer to Westminster Police Department policy Purpose: To be used to remotely gain visual/audio data, deliver HNT phone, open doors, disrupt packages, and clear buildings. Seal Beach Police Department Seal Beach PD Policy Manual Military Equipment Copyright Lexipol, LLC 2024/01/15, All Rights Reserved. Published with permission by Seal Beach Police Department Military Equipment - 20 Authorized Use: Only assigned operators who have completed the required training shall be permitted to operate the robot(s) identified above. Use is established by the Bomb Squad Commander or Incident Commander. Expected Lifespan: 8 to 10 years. Fiscal Impact: Annual maintenance and battery replacement cost is approximately $500. Training: All robot operators must first complete the FBI's 6-week hazardous device school prior to operating the robot(s) identified above. Legal and Procedural Rules: It is the policy of the SBPD to utilize a robot only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law. Other Notes: This equipment is owned and operated by West County SWAT through the Westminster Police Department, which could result in its deployment and/or use in the City of Seal Beach. 706.11 APPROVAL The Chief of Police or the authorized designee shall obtain approval from the City Council by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the City Council and is available on the Department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071).The military equipment policy must be approved by the City Council prior to engaging in any of the following (Government Code § 7071): (a)Requesting military equipment made available pursuant to 10 USC § 2576a. (b)Seeking funds for military equipment, including but not limited to applying for a grant, soliciting, or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (c)Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. (d)Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this Department. (e)Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the City Council. (f)Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment. (g)Acquiring military equipment through any means not provided above. Seal Beach Police Department Seal Beach PD Policy Manual Military Equipment Copyright Lexipol, LLC 2024/01/15, All Rights Reserved. Published with permission by Seal Beach Police Department Military Equipment - 21 706.12 COORDINATION WITH OTHER JURISDICTIONS Military equipment used by any member of this Department shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this Department shall comply with their respective military equipment use policies in rendering mutual aid. 706.13 MAINTENANCE OF MILITARY EQUIPMENT SUPPLY LEVELS When stocks of military equipment ammunition have reached significantly low levels or have been exhausted, the Department may order up to 10% of stock in a calendar year without City Council approval to maintain essential availability for the Department's needs. Seal Beach Police Department is authorized to acquire additional stock of items listed here from other law enforcement agencies or California Office of Emergency Services (Cal OES) in the event of an emergency when approved by the Chief of Police or designee. Liberty Dynamic guarantees to fix or replace the EDD Initiator for any defects caused by the manufacturer, damage during regular usage in tactical or training scenarios, and normal wear and tear within 2 years from the date of shipment (the "Warranty Period"). Liberty Dynamic LLC 2218 S Kalamath St Unit A Denver, CO 80223 +1 7207798653 sales@libertydynamic.com www.libertydynamic.com ADDRESS SHIP TO Seal Beach Police Department 911 Blvd. Seal Beach, Seal Beach, CA 90740 Seal Beach Police Department 911 Blvd. Seal Beach, Seal Beach, CA 90740 Estimate E-1520 DATE 01/31/2024 SALES REP Jeff Wilson QTY RATE AMOUNT EDD Initiator - LIVE EDD Live Initiator - LIVE 15 110.50 1,657.50 EDD Reload - LIVE - 172 EDD Live Reload - 172db 48 58.50 2,808.00 EDD Initiator - TRAINER EDD Trainer - TRAINER 5 105.00 525.00 EDD Reload - TRAINER EDD Trainer Reload - 140 db 48 18.50 888.00 Safety Magnet Safety Magnet 3 4.50 13.50 We look forward to supporting your mission! Taxes are not included so that when it is turned into an invoice it will be added at that time SUBTOTAL 5,892.00 TAX 0.00 SHIPPING 125.00 TOTAL $6,017.00 Accepted By Accepted Date Agenda Item O AGENDA STAFF REPORT DATE:March 25, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Michael Henderson, Chief of Police SUBJECT:Accepting an Award of Hazard Mitigation Grant Program funds and Authorizing for the Purchase of Equipment or Services or for Reimbursement of Funds for the City of Seal Beach Hazard Mitigation Plan Update ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7506: 1. Accepting an award of federal grant funds from the Hazard Mitigation Grant Program (“HMGP”) in an amount up to $120,541.50 from the Department of Homeland Security - Federal Emergency Management Agency (“FEMA”) as the Federal obligation for 75% of the project cost ($160,722.00) and authorizing use of “in-kind” staff time to match the 25% cost share of $40,180.50; and, 2. Authorizing the City Manager and/or Chief of Police to execute all agreements and forms and to take any further actions necessary for the purpose of obtaining the grant funds under the HMGP provided by the FEMA and sub-granted through the California Office of Emergency Services (“Cal OES”). BACKGROUND AND ANALYSIS: The federal Hazard Mitigation Grant Program (“HMGP”) provides funding to State, local, tribal, and territorial (“SLTT”) governments so they can rebuild in a way that reduces or mitigates future natural disaster losses in their communities. The program is authorized by Section 404 of the Stafford Act. HMGP funding is authorized with a Presidential Major Disaster Declaration. A governor or tribal chief executive may request HMGP funding throughout the state, tribe, or territory when submitting a disaster declaration. The amount of funding made available to the applicant is based on the estimated total Federal assistance. Page 2 1 7 5 7 The formula generally gives 15% of the total federal assistance amount provided for recovery from the presidentially declared disaster and is determined by the FEMA-approved Hazard Mitigation Plan. During the most recent HMGP grant cycle, Seal Beach Police Department applied for and was awarded funding to hire a consultant to initiate an update of the 2019 Local Hazard Mitigation Plan (“LHMP”) and comply with the newest FEMA guidelines. The total project cost is $160,722.00 with a Federal share of 75% and a 25% non-Federal share of $40,180.50 to be matched as “in-kind” staff time toward the project. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney has reviewed and approved the resolution as to form FINANCIAL IMPACT: The City of Seal Beach may receive $120,541.50 as the Federal obligation for 75% of the project cost using “in-kind” staff time to match the 25% cost share of $40,180.50. The “in-kind” match of staff time will be included in the FY 2024-25 budget. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7506: 1. Accepting an award of federal grant funds from the Hazard Mitigation Grant Program (“HMGP”) in an amount up to $120,541.50 from the Department of Homeland Security - Federal Emergency Management Agency (“FEMA”) as the Federal obligation for 75% of the project cost ($160,722.00) and authorizing use of “in-kind” staff time to match the 25% cost share of $40,180.50; and, 2. Authorizing the City Manager and/or Chief of Police to execute all agreements and forms and to take any further actions necessary for the purpose of obtaining the grant funds under the HMGP provided by the FEMA and sub-granted through the California Office of Emergency Services (“Cal OES”). Page 3 1 7 5 7 SUBMITTED BY: NOTED AND APPROVED: Michael Henderson Jill R. Ingram Michael Henderson, Chief of Police Jill R. Ingram, City Manager Prepared by: Sergeant Brian Gray ATTACHMENTS: A. Resolution 7506 B. Federal Emergency Management Agency (FEMA) Award Letter C. City of Seal Beach LHMP Sub-application D. Budget Amendment Request RESOLUTION 7506 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ACCEPTING AN AWARD OF FEDERAL GRANT FUNDS FROM THE HAZARD MITIGATION GRANT PROGRAM (HMGP) OF THE DEPARTMENT OF HOMELAND SECURITY – FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) AND SUB- GRANTED THROUGH THE CALIFORNIA OFFICE OF EMERGENCY SERVICES (CALOES) FOR THE PURPOSE OF PURCHASING EQUIPMENT OR SERVICES OR FOR REIMBURSEMENT FROM OPERATING COSTS, AND AUTHORIZING THE CITY MANAGER OR CHIEF OF POLICE TO TAKE ALL NECESSARY ACTIONS IN CONNECTION WITH THE GRANT. WHEREAS, the Hazard Mitigation Grant Program (HMGP) provides funding to State, local, tribal, and territorial (SLTT) governments so they can rebuild in a way that reduces or mitigates future natural disaster losses in their communities. The program is authorized by Section 404 of the Stafford Act; and, WHEREAS, HMGP funding is authorized with a Presidential Major Disaster Declaration. A governor or tribal chief executive may request HMGP funding throughout the state, tribe, or territory when submitting a disaster declaration. The amount of funding made available to the applicant is based on the estimated total Federal assistance. The formula generally gives 15% of the total federal assistance amount provided for recovery from the presidentially declared disaster and is determined by the FEMA-approved Hazard Mitigation Plan; and, WHEREAS, during the most recent HMGP grant cycle, the Seal Beach Police Department applied for and was awarded funding to hire a consultant to initiate an update of the 2019 Local Hazard Mitigation Plan (LHMP) and comply with the newest FEMA guidelines. The total project is $160,722.00 with a Federal share of 75% and a 25% non-Federal share of $40,180.50 to be matched as “in-kind” staff time toward the project. The “in-kind” match of staff time will be included in the FY 2024-25 budget. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council accepts the award of federal grant funds from the Hazard Mitigation Grant Program (“HMGP”) in an amount up to $120,541.50 from the Department of Homeland Security - Federal Emergency Management Agency (“FEMA”) as the Federal obligation for 75% of the project cost ($160,722.00) and authorizing use of using “in-kind” staff time to match the 25% cost share of $40,180.50. 8 8 5 6 Section 2. The City Council hereby authorizes the City Manager and/or the Chief of Police to execute all agreements and forms and to take any further actions necessary to obtain and use the grant funds under the HMGP provided by the FEMA and sub-granted through the California Office of Emergency Services (“Cal OES”). Section 3. The City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 25th day of March 2024 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Schelly Sustarsic, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7506 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 25th day of March 2024. Gloria D. Harper, City Clerk AP-01019 HMGP Subapplication - General Criteria General Information Sub-Applicant Name(Entity)SEAL BEACH PD Sub-Applicant Type City Street Address 911 Seal Beach Blvd City Seal Beach State CA Zip 90740 County Orange Region Southern Subapplication Due Date August 4, 2023 #Title First Name Last Name Phone Number Email Roles 1 Emergency Services Coordinator Brian Gray (949) 390-4926 bgray@sealbeachca.gov Primary Contact;Responsible Representative 2 Police Captain Nick Nicholas (562) 799-4100 nnicholas@sealbeachca.gov Responsible Representative Role Name Description Responsible Representative (subapplication employee authorized to apply for, accept, and manage Federal grant funding) Manage user roles, view subapplication, edit subapplication, send Maintenance and Match Commitment letters, manage Requests for Information(RFI), Submit the subapplication. Primary Contact (subapplication employee)View subapplication, edit subapplication, send Maintenance and Match Commitment letters, and manage Requests for Information(RFI). Contributor (may be consultant)View subapplication, and edit subapplication Viewer View the subapplication US Congressional District(s) benefitting from mitigation 47 Assembly District(s) benefitting from mitigation 72 Senate District(s) benefitting from mitigation 34 Federal Information Processing Number (FIPS #)059-00000 Unique Entity Identifier (UEI #)060752607 Is this a phased project?No Subapplication Information Application Type Examples: Planning Activities include developing a new hazard mitigation plan or updating a current mitigation plan. Planning Related Activities include: Updating or enhancing sections of the current FEMA-approved mitigation plan, integrating information from mitigation plans with other planning efforts, building capacity through delivery of technical assistance and training, evaluating adoption and/or implementation of ordinances that reduce risk or increase resilience. Project Activities involve construction and/or physical work. Examples: acquisition demolition/relocation, debris basin, structural elevation, structural seismic retrofit, hazardous fuels reduction, defensible space, generator(s) (If benefit cost analysis (BCA) feasible). Advance Assistance Activities can be used to develop mitigation strategies and obtain data to prioritize, select, and develop mitigation projects and complete applications. Examples: evaluation of facilities or areas to determine mitigation actions, collect data for BCA and environmental historical preservation compliance, conduct engineering designs and feasibility studies, conduct hydrologic and hydraulic studies and cost estimation. 5% Initiative Activities are defined as mitigation actions that meet all HMGP requirements but may be difficult to evaluate against traditional program cost-effectiveness criteria. Examples such as early warning systems, post-disaster building code enforcement, public awareness and education for mitigation campaigns, hazard identification or mapping, new techniques/methods of mitigation, and generator(s) (if protecting a critical facility and if there is insufficient data to evaluate a generator project using a standard HMA-approved Benefit-Cost Analysis (BCA) method). Subapplication Type Planning Project Type Plan Update Hazard Multi Hazard Request For Information #RFI Name RFI Type Description RFI Deadline Status 1 RFI-02489 OES Programmatic Programmatic RFI Fri Jun 23 00:00:00 GMT 2023 Response Accepted HMGP Subapplication-Scope of Work Scope of Work The City of Seal Beach will update its single-jurisdiction local hazard mitigation plan. The LHMP development process and the final LHMP will be in compliance with FEMA's mitigation planning requirements as set forth in 44 CFR Part 201, the new Local Mitigation Planning Policy Guide, and the Local Mitigation Planning Handbook. The single-jurisdiction plan update is for an all-hazard plan. The updated LHMP will incorporate applicable actions from the California State Hazard Mitigation Plan. The updated LHMP will also be incorporated into the Safety Element of the Describe the Scope of Work (SOW) for the planning process city’s General Plan in compliance with AB2140 and comply with the requirements of SB 379 and SB 1000 in addressing climate change. Critical milestones include: • Procurement of a consultant to support plan outreach, development, drafting, and review. The consultant procurement process will be in compliance with 2 CFR 200, and State and Local regulations (the most stringent applies). • Development of an engagement and outreach plan and implementation with the general public and internal and external stakeholders. • As part of this outreach plan, there will be three specific facilitated meetings. Meeting 1 – Review the planning process, key hazards of concern, and progress made during the previous five-year period. Meeting 2 – Review updated hazard profiles, risk assessment results, and mapping. Meeting 3 – Review updated mitigation strategies and actions to be undertaken by City Staff. Documentation of these meetings will be used in the planning process described in the updated plan. Describe the Scope of Work (SOW) for the Hazard identification phase of the planning process The City of Seal Beach LHMP update will evaluate hazards through the following steps: • Evaluation of past manmade and natural disasters within the City of Seal Beach. • Data collection on climate change and projected impacts to City of Seal Beach. • Previous hazard occurrences and the probability of reoccurrence. These hazards will be reviewed with the general public and stakeholders during outreach meeting #1, and will be refined or re-prioritized if necessary. The prepared hazard assessment will prioritize the hazards included in the LHMP update and create FEMA-compliant hazard profiles to complement the vulnerability assessment. Climate change will be addressed within each hazard profile to ensure compliance with SB 379 requirements. The data and information gathered during this task will be shared with the Hazard Mitigation Planning Committee (HMPC) during Meeting #2. During this task, public outreach provides an opportunity that conveys the overall project information and initial information gathered on the hazards of concern identified by the HMPC for public input and feedback. City staff will provide feedback on relevant hazards, data, historical information on the hazards of concern, and guidance on new issues or concerns to be incorporated into the plan. Describe the Scope of Work (SOW) for the risk Assessment phase of the planning process The risk assessment will be completed by a procured consultant in coordination with the city as part of the 36-month project schedule. The risk assessment will be informed by past incident history, probable and known hazards, GIS hazard mapping, vulnerability assessment, social vulnerability analysis, capability assessment, and the use of My Hazards on the Cal-OES website. During the risk assessment process, the City of Seal Beach will profile relevant hazards and assess the risk each poses to lives, properties, and infrastructure. An inventory of community assets will be created, with the goal of estimating losses and potential damage amounts from each hazard. This information will be covered with the general public and stakeholders during Meeting #2. The hazard mitigation strategy shall include a description of mitigation goals to reduce or avoid long-term vulnerabilities to the identified hazards. The City of Seal Beach is a participant in the National Flood Insurance Program (NFIP), and therefore requires descriptions of participation in the program and how the community will comply. The hazard mitigation Describe the Scope of Work (SOW) for the Mitigation Strategy development phase of the planning process strategy shall address participation in the NFIP and continued compliance with NFIP requirements, and will identify an appropriate NFIP point of contact to oversee this specific set of actions. The hazard mitigation strategy shall include a section that identifies and analyzes a comprehensive range of specific mitigation actions and projects being considered to reduce the effects of each hazard, with particular emphasis on new and existing buildings and infrastructure, building codes and climate change. The plan will include strategy development in plan to support loss reduction through examination and use of current policies, programs and resources [as identified in FEMA 44 CFR 201.6 (c)(3)]. Describe the Scope of Work (SOW) for the plan preparation & drafting phases of the planning process Upon completing Tasks 1 through 4, the contractor will prepare the Draft LHMP for City staff review. Using the process identified above, members of the HMPC will be assisting with plan development as the research, mapping, and analysis are conducted. In doing so, HMPC members will recognize much of the plan content based on their feedback and review in HMPC meetings 1 through 3. The first draft will be internally reviewed and edits received. HMPC members will bring the draft to each of their respective departments and edits will be collected and funneled to the Emergency Services Coordinator as well as the contractor during the course of a one-month review process. The next step – the first public comment period will last two to three months, and the draft will be published for public review and comment on the City website while being directed from all social media platforms including Facebook, Twitter, and Instagram. Comments will be open for two to three months allowing for the widest public outreach. All comments will be gathered and reviewed for inclusion in the draft plan, which will be available for public review and comment. Pending any other comments, the draft plan will be reviewed by the planning committee, then reviewed by the City of Seal Beach staff. Once all the comments and reviews are done, the LHMP will be submitted to Cal-OES for review, any comments from Cal-OES will be integrated into the plan before being submitted to FEMA for approval. Once the LHMP is approved by FEMA, the City of Seal Beach City Council will adopt the LHMP, which will also be included in the safety element of the General Plan. Describe the Scope of Work (SOW) for public outreach, meetings and public comment phase of the planning process Public outreach will be conducted in a format to support public and stakeholder education as well as awareness. The public will be invited to participate in the three facilitated stakeholder meetings to review hazards, risks, and strategies for the plan. The city’s website, social media accounts, e-mail, and mail distribution lists will be used to provide updates and document access. The emergency services coordinator will work with the community development director as well as the Leisure World, and Golden Rain Foundation, to circulate meeting information and information will be made available at community events and other public gatherings to invite them to the public comment phase. The community development director will liaise with social service organizations, organizations, and community centers to circulate information on the LHMP update, and proposed mitigation strategies and invite participation in public comment from members of the public that may not regularly access websites and social media, or have a higher degree of difficulty in mobility, to include older adults and those whose primary language is not English. Public review comments will be incorporated into the LHMP where appropriate before the final draft is submitted to Cal OES and FEMA. Describe the Scope of Work (SOW) for the Plan Approval & Plan Adoption phases of the planning process The final draft will be submitted to Cal OES for review and any comments from Cal OES will be integrated into the plan before being submitted to FEMA for approval. Once the LHMP is approved by FEMA, the Seal Beach City Council will adopt the LHMP, which will also be incorporated into the Safety Element of the General Plan. HMGP Subapplication - Work Schedule Work Schedule The intent of the work schedule is to provide a realistic appraisal of the time and components required to complete the project. The work schedule should mirror the Scope of Work and Cost Estimate. -Describe each of the major work elements and milestones in the description. -Project Close-Out should be included which must be 3 months in duration. -A GANTT chart may be provided as supplemental documentation. -Total project duration must not exceed a 36 month period of performance. #Activity Task Name Description Start Month Duration (Months) 1 Pre-Award Pre-Award Pre-Award activities 2 The Planning Process Kick off/ Procurement/ Establish Team During this time, we will be completing the planning process SOW items. This includes forming the team, procuring a consultant per 2CFR requirements, holding a kickoff meeting, inviting stakeholders, and working on updating items or changes from the last plan. 0 24 3 Hazard Identification Identifying Planning Area and Potential Hazards This will follow along Task 1,4,5 from the local planning handbook. We will be defining the planning area, completing a capability assessment, review of NFIP information, and defining the hazards that can impact the planning area. 4 4 4 Risk Assessment Risk and Vulnerability Assessment This will follow along with task 5 from the local planning handbook. We will be creating full hazard profiles which include location, history, impact, extent, vulnerability, probability, and climate change considerations for identified natural hazards within the planning area. 4 6 5 Mitigation Strategy Goals and Strategy Development We will establish the goals of the plan. Based on those goals we will develop a workbook of mitigation actions to address the vulnerabilities identified in the risk assessment. We will then review the list and select the prioritized mitigation actions. 10 6 6 Plan Preparation Preparing plan and plan maintenance This will include ensuring that we meet all the stated regulations and maintenance items identified within the scope of work. 4 24 7 Plan Drafting Draft Plan This will include ensuring that we meet all the stated regulations in the scope of work. Getting feedback and creating draft documents. 22 6 8 Public Outreach/Meeting/Establishing outreach strategies, setting up meetings with internal and external 2 26 Outreach/Meetings/Public Hearings Public Hearings stakeholders, setting up public comment periods and documenting feedback. 9 Plan Adoption Cal OES/FEMA Review and Adoption Submitting the Final Draft for Cal OES and FEMA review. Completing and revisions. Brining to the local governing board for adoption and submitting the resolution to FEMA 28 6 10 Closeout Closeout Project Closeout line item 34 3 Total Duration : 36 HMGP Subapplication - Jurisdictions Jurisdictions What type will be developed?Update single plan Will the activity result in a FEMA-approved and adopted multi-hazard mitigation plan?Yes Identify any deficiencies in the previous plan and describe how this activity will address those deficiencies. Attempt to better identify additional funding sources for large projects for mitigation actions in the previous plan that were unable to be completed Address whole community in mitigation actions as well as changing climate. Describe any plan priorities that have been identified Incorporate progress made on previous hazard mitigation strategies from previous quarterly reports. Does the sub-application propose using the natural hazard mitigation planning process to help develop or meet the planning objectives of other types of plans (i.e. Community Wildfire Protection Plan, Comprehensive Plan revisions)? Yes Clearly identifiy what related planning activities will be paid for by the project? If the sub-application proposes combining other plans that are ineligible for HMA funding with the natural hazard mitigation plan, confirm it is clearly stated in the scope of work that the ineligible plan elements will not be funded by the project false Indicate if a contractor will be used.Yes Provide a description of the Community Profile of the Planning area (describe the area, communities, population, and infrastructure covered by the Local Hazard Mitigation Plan. HMGP-Project Site List Jurisdictions Jurisdiction(s) Does this plan encompass multiple jurisdictions?No HMGP Subapplication - Project Cost Estimate Project Cost Estimate #Cost Type Item Name Unit Quantity Unit of Measure Unit Cost Cost Estimate Total Pre Award Cost Cost Estimate Narrative 1 Contractor/Consultant - Project Mgmt Planning Process 120 Hour $ 400.00 $ 48,000.00 false Estimated consultant cost to complete the task. Estimate based on local averages and prior projects. 2 Force Account Labor Planning Process 4 Hour $ 135.00 $ 540.00 false Estimated staff time and cost (City Manager) for input and oversight of task. 3 Force Account Labor Planning Process 4 Hour $ 108.00 $ 432.00 false Estimated staff time and cost (Assistant City Manager) for input and oversight of tasks. 4 Force Account Labor Planning Process 4 Hour $ 100.00 $ 400.00 false Estimated staff time and cost (Chief of Police) for input. 5 Force Account Labor Planning Process 4 Hour $ 71.00 $ 284.00 false Estimated staff time and cost (Marine Safety Chief) for input. 6 Force Account Labor Planning Process 4 Hour $ 90.00 $ 360.00 false Estimated staff time and cost (Director of Public Works) for input. 7 Force Account Labor Planning Process 4 Hour $ 82.00 $ 328.00 false Estimated staff time and cost (Director of Community Development) for input. 8 Force Account Labor Planning Process 4 Hour $ 82.00 $ 328.00 false Estimated staff time and cost (Director of Finance) for input. 9 Force Account Labor Planning Process 6 Hour $ 77.00 $ 462.00 false Estimated staff time and cost (Emergency Services Coordinator) for input and oversight of task. 10 Contractor/Consultant - Project Mgmt Hazard Identification 50 Hour $ 400.00 $ 20,000.00 false Estimated consultant cost to complete the task. Estimate based on local averages and prior projects. 11 Force Account Labor Hazard Identification 4 Hour $ 135.00 $ 540.00 false Estimated staff time and cost (City Manager) for input and oversight of task. 12 Force Account Labor Hazard Identification 4 Hour $ 108.00 $ 432.00 false Estimated staff time and cost (Assistant City Manager) for input and oversight of tasks. 13 Force Account Labor Hazard Identification 4 Hour $ 100.00 $ 400.00 false Estimated staff time and cost (Chief of Police) for input. 14 Force Account Labor Hazard Identification 4 Hour $ 71.00 $ 284.00 false Estimated staff time and cost (Marine Safety Chief) for input. 15 Force Account Labor Hazard Identification 4 Hour $ 90.00 $ 360.00 false Estimated staff time and cost (Director of Public Works) for input. 16 Force Account Labor Hazard Identification 4 Hour $ 82.00 $ 328.00 false Estimated staff time and cost (Director of Community Development) for input. 17 Force Account Labor Hazard Identification 4 Hour $ 82.00 $ 328.00 false Estimated staff time and cost (Director of Finance) for input. 18 Force Account Labor Hazard Identification 6 Hour $ 77.00 $ 462.00 false Estimated staff time and cost (Emergency Services Coordinator) for input and oversight of task. 19 Contractor/Consultant - Project Mgmt Risk Assessment 50 Hour $ 400.00 $ 20,000.00 false Estimated consultant cost to complete the task. Estimate based on local averages and prior projects. 20 Force Account Labor Risk 4 Hour $$ 540.00 false Estimated staff time and cost (City Manager) for input Assessment 135.00 and oversight of task. 21 Force Account Labor Risk Assessment 4 Hour $ 108.00 $ 432.00 false Estimated staff time and cost (Assistant City Manager) for input and oversight of tasks. 22 Force Account Labor Risk Assessment 4 Hour $ 100.00 $ 400.00 false Estimated staff time and cost (Chief of Police) for input. 23 Force Account Labor Risk Assessment 4 Hour $ 71.00 $ 284.00 false Estimated staff time and cost (Marine Safety Chief) for input. 24 Force Account Labor Risk Assessment 4 Hour $ 90.00 $ 360.00 false Estimated staff time and cost (Director of Public Works) for input. 25 Force Account Labor Risk Assessment 4 Hour $ 82.00 $ 328.00 false Estimated staff time and cost (Director of Community Development) for input. 26 Force Account Labor Risk Assessment 4 Hour $ 82.00 $ 328.00 false Estimated staff time and cost (Director of Finance) for input. 27 Force Account Labor Risk Assessment 6 Hour $ 77.00 $ 462.00 false Estimated staff time and cost (Emergency Services Coordinator) for input and oversight of task. 28 Contractor/Consultant - Construction Mitigation Strategy 50 Hour $ 400.00 $ 20,000.00 false Estimated consultant cost to complete the task. Estimate based on local averages and prior projects. 29 Force Account Labor Mitigation Strategy 4 Hour $ 135.00 $ 540.00 false Estimated staff time and cost (City Manager) for input and oversight of task. 30 Force Account Labor Mitigation Strategy 4 Hour $ 108.00 $ 432.00 false Estimated staff time and cost (Assistant City Manager) for input and oversight of tasks. 31 Force Account Labor Mitigation Strategy 4 Hour $ 100.00 $ 400.00 false Estimated staff time and cost (Chief of Police) for input. 32 Force Account Labor Mitigation Strategy 4 Hour $ 71.00 $ 284.00 false Estimated staff time and cost (Marine Safety Chief) for input. 33 Force Account Labor Mitigation Strategy 4 Hour $ 90.00 $ 360.00 false Estimated staff time and cost (Director of Public Works) for input. 34 Force Account Labor Mitigation Strategy 4 Hour $ 82.00 $ 328.00 false Estimated staff time and cost (Director of Community Development) for input. 35 Force Account Labor Mitigation Strategy 4 Hour $ 82.00 $ 328.00 false Estimated staff time and cost (Director of Finance) for input. 36 Force Account Labor Mitigation Strategy 6 Hour $ 77.00 $ 462.00 false Estimated staff time and cost (Emergency Services Coordinator) for input and oversight of task. 37 Contractor/Consultant - Project Mgmt Plan, Prep, and Drafting 30 Hour $ 400.00 $ 12,000.00 false Estimated consultant cost to complete the task. Estimate based on local averages and prior projects. 38 Force Account Labor Plan, Prep, and Drafting 6 Hour $ 77.00 $ 462.00 false Estimated staff time and cost (Emergency Services Coordinator) for input and oversight of task. 39 Contractor/Consultant – Public Outreach Public Outreach 25 Hour $ 400.00 $ 10,000.00 false Estimated consultant cost to complete the task. Estimate based on local averages and prior projects. 40 Force Acct. Labor – Public Outreach Public Outreach 6 Hour $ 77.00 $ 462.00 false Estimated staff time and cost (Emergency Services Coordinator) for input and oversight of task. 41 Contractor/Consultant - Project Mgmt Plan Review and Adoption 40 Hour $ 400.00 $ 16,000.00 false Estimated consultant cost to complete the task. Estimate based on local averages and prior projects. 42 Force Account Labor Plan Review and Adoption 6 Hour $ 77.00 $ 462.00 false Estimated staff time and cost (Emergency Services Coordinator) for input and oversight of task. 43 Non-Contract Professional Services City Attorney Review 2 Hour $ 400.00 $ 800.00 false Estimated staff time and cost (City Attorney) for review as to form. $ 160,722.00 HMGP Cost Review COST REVIEW Total Project Cost $ 160,722.00 Non-Federal Cost Share (Match)$ 40,180.50 Non-Federal Cost Share (Match) Percentage 25% Federal Share Request $ 120,541.50 HMGP-Maintenance Commitment MAINTENANCE & REPORTING COMMITMENT This acknowledgment of Maintenance & Reporting Commitment is to confirm the Subapplicant/Subrecipient is committed to perform the necessary maintenance for the entire useful life of the project, once completed. The entity responsible for maintenance is allocating the annual budget amount that will allow maintenance to occur as needed to ensure the project building/facility/area remains in good repair and operational. To justify Hazard Mitigation Assistance funding, California is required to report to FEMA on the performance of completed mitigation measures. This acknowledgment of Reporting Commitment confirms that the Subapplicant/Subrecipient is committed to report on the performance of funded mitigation measures when tested by natural hazard events for the entire useful life of this project. Process: Complete the fields below. The information provided here will automatically populate a templated Maintenance & Reporting Commitment letter to be signed by a Responsible Representative identified by you below. The Responsible Representative must be a high-level person from the subapplicant entity who is authorized to commit the entity to request and receive grant funding. The Responsible Representative cannot be a contractor or a consultant. After you click the “Add Responsible Representative” button to provide the contact information for the Responsible Representative, click “Send for Signature.” The individual will receive an email notification from DocuSign with a link to access and sign the commitment letter. The Signature Status below will reflect “Sent For Signature.” Once signed, the letter will automatically upload to the subapplication. Maintenance & Reporting Commitment Letter Date May 31, 2023 Subapplicant Name SEAL BEACH PD Subapplicant Mailing Street 911 Seal Beach Blvd Subapplicant Mailing City Seal Beach Subapplicant Mailing State CA Subapplicant Mailing Postal Code 90740 Disaster Number 2022-2023 Early Winter Storms Control number AP-01019 Entity Responsible City of Seal Beach Number of years of maintenance 5 Project Building/Facility/Area Seal Beach EOC Annual Maintenence Amount $ 2,000.00 What are the Past Maintenance Tasks Involved?Tracking of the mitigation strategies implementation booklet and quarterly updates submitted to the City Manager. What are the Future Maintenance Tasks Involved? Tracking implementation over the five-year cycle of the plan, assessing for effectiveness in achieving our goals, quarterly updates to the City Manager via chain of command from Emergency Services Coordinator. Future Maintenance Schedule Annual review of plan. quarterly updates on mitigation strategies to City Manager Future Cost of Maintenance $ 10,000.00 Source of Future Maintenance Funds Emergency Services Budget Responsible Representative Confirmation #Title First Name Last Name Phone Number Email Signature Status 1 Emergency Services Coordinator Brian Gray (949) 390-4926 bgray@sealbeachca.gov Signed HMGP - Match Commitment Match Commitment Letter As a part of the Hazard Mitigation Grant Program process, a Non-Federal Share (Match) of at least 25% of the total project amount is required. This acknowledgment is to confirm the Subapplicant/Subrecipient commitment to meet the Non-Federal Share (Match) funding requirement. Process: Complete the fields below. The information provided here will automatically populate a templated Match Commitment letter to be signed by a Responsible Representative identified by you below. The Responsible Representative must be a high-level person from the subapplicant entity who is authorized to commit the entity to request and receive grant funding. The Responsible Representative cannot be a contractor or a consultant. By sending this document for signature, you are acknowledging the requirements outlined here. After you click the “Add Responsible Representative” button to provide the contact information for the Responsible Representative, click “Send for Signature.” The individual will receive an email notification from DocuSign with a link to access and sign the commitment letter. The Signature Status below will reflect “Sent For Signature.” Once signed, the letter will automatically upload to the subapplication. Please be Advised: If additional federal funds are requested, an additional Non-Federal Share (Match) funding commitment letter will be required. If a funding source is from outside the Subapplicant entity, upload documentation supporting the funding commitment and availability of funding. Match Commitment Letter Date May 31, 2023 Sub-Applicant Name(Entity)SEAL BEACH PD Control Number AP-01019 Non-Federal Cost Share Source Local Agency Funding Name of Funding Source(s)Brian Gray Funding Type In-kind contribution Federal Share Amount Requested $ 120,541.50 Non-Federal Share (Match) Commitment $ 40,180.50 Non-Federal Share (Match) Availability Start Date May 31, 2023 Is there an expiration date of the Non-Federal Share (Match)?No CONFIRMATION #Title First Name Last Name Phone Number Email Signature Status 1 Emergency Services Coordinator Brian Gray (949) 390-4926 bgray@sealbeachca.gov Signed Grant Management Cost Application HMGP Grant Management Cost Application Subrecipient Grant Management costs are available at no more than 5% of the final project cost to subrecipients who apply and can meet all Federal grant requirements. Subrecipients must provide a detailed budget of the management cost request per 2 CFR 200.403, which is subject to Cal OES/FEMA approval. Reimbursement is based on documented actual cost. For further clarification, grant management is different than project management. Grant management activities are to manage the grant (Subapplication Development, Quarterly Reporting, Reimbursement Submission). Project management is to manage the actual physical project itself (construction oversight, project scheduling and coordination, project meetings). Any indirect cost, any direct administrative cost, and any other administrative expenses associated with aFEMA Definition of Management Costs: specific project under a major disaster, emergency, or disaster preparedness or mitigation activity or measure. Directions: For each applicable category, provide a total estimated cost. Refer to the Management Cost examples below for costs that may be included. For the Narrative field, include a detailed description of work for each cost, including methodology used to estimate each cost. example, if your cost estimate includes your agency's time, include estimated hours, personnel titles, and salary/hourly wages plus benefits for a hourly cost. Additionally, describe how these costs will be used through the life of the grant. Total Federal Cost Share $ 120,541.50 Maximum Eligible Management Cost $ 8,036.10 Management Cost Budget Breakdown A. Pre-Award: Subapplication development, community outreach, meetings related to Subapplication development. #Expense Name Amount Description 1 Development of subapplication by Emergency Services Coordinator $ 3,080.00 Estimated staff time and cost (Emergency Services Coordinator) NOI, Sub Application, Virtual Meetings with CAL OES contractor. $ 3,080.00 B. Staff Time - Salary or hourly employee time to manage technical monitoring, quarterly reporting, technical assistance, and the reimbursement and close-out process. #Position Hourly Rate Hours Amount Description 1 Director of Finance $ 77.00 18 $ 1,386.00 This includes time to complete quarterly reports and quarterly requests for reimbursement and ensure the project is compliant with federal standards. 2 Emergency Services Coordinator $ 82.00 43 $ 3,526.00 This includes time to complete quarterly reports and quarterly requests for reimbursement and ensure the project is compliant with federal standards. $ 4,912.00 C. Travel - Cost to attend professional development training course directly related to implementation of the Hazard Mitigation Grant. D. Equipment - Cost directly related to implementation of Hazard Mitigation Grant. E. Supplies - Supply cost directly related to implementation of the Hazard Mitigation Grant, such as printer materials and office supplies. E. Indirect Cost - Depreciation or use allowances on buildings and equipment, costs to operate and maintain facilities, general administration and accounting administration. F. Other - Any other administrative expenses not captured in the categories above. Total Management Cost Requested $ 7,992.00 Maximum Management Cost Allowed (Requested Allowed)$ 8,036.10 Documents Document Type Description Work Schedule Documentation Please provide documentation to support your Work Schedule if needed Seal Beach Project Schedule Gantt.xlsx 06/12/2023 4:52 PM Maintenance & Reporting Commitment Documentation Please upload documents that support your Maintenance & Reporting Commitment, if needed. Request_From_HMA.pdf 05/31/2023 10:30 PM Cost Estimate - Supporting Documentation Provide supporting documentation to substantiate your cost estimate, including documentation that demonstrates the pre-award costs inccurred within the authorized period for pre-award. The pre-award period is after the disaster declaration date and before the FEMA award date. For example, documentation could include contractor quotes, RS Means, and similar project information. Reference: 2015 HMA Guidance, Part IV H.3.2.1 and Part IV H.4.3 Pay Structures - FT 02 08 2023.pdf 05/31/2023 11:42 PM Budget Template Seal Beach LHMP Update.xlsx 06/07/2023 6:49 PM Budget Template Seal Beach LHMP Update.xlsx 06/14/2023 9:59 PM Documents supporting the Community Profile Community profile of planning area FEMA flood hazard map.JPG 05/24/2023 9:22 PM cal oes hazard explosure.JPG 05/24/2023 9:21 PM Citywide Street Map.pdf 05/24/2023 9:21 PM Evac Plan Map.JPG 05/24/2023 9:21 PM Google Earth.JPG 05/24/2023 9:22 PM sb_map 25__Part2 - street map.pdf 05/24/2023 9:22 PM Maintenance Commitment Match Commitment FEMA Review Tool (DR-4683-1019-CA) Seal Beach Police Department Review Tool.xlsx 06/26/2023 12:32 PM City of Seal Beach Budget Amendment/Adjustment Request BA: Number:Date:2/12/24 Fiscal Year:2023-24 Description/Reason:FEMA approved Hazard Mitigation Grant Program (HMP) funds for the City of Seal Beach (sub-recipient) HMGP DR-4683-1019-08P, City of Seal Beach Hazard Mitigation Plan. The total project cost is $160,722.00. Federal share is $120,541.50 the 75%, the 25% non-Federal share is $40,180.50 which will be in-kind matching of staff hours. FEMA has awarded $7,992.00 as management costs to be reimbursed at 100%. Account No Project No Type Original Amended Difference Reason Budget Budget Need adjusted 216-210-0479-42400 $-$128,533.50 $128,533.50 216-210-0479-52100 $-$168,714.20 $168,714.20 Total $-$297,247.70 $297,247.70 Prepared By Date Approved By Date