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HomeMy WebLinkAboutPacket 07282025     A G E N D A MEETING OF THE CITY COUNCIL Monday, July 28, 2025 ~ 7:00 PM City Council Chambers 211 Eighth Street Seal Beach, California LISA LANDAU MAYOR Third District NATHAN STEELE MAYOR PRO TEM Fifth District   JOE KALMICK COUNCIL MEMBER First District                                                           BEN WONG COUNCIL MEMBER Second District     PATTY SENECAL COUNCIL MEMBER Fourth 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. CALL TO ORDER PLEDGE OF ALLEGIANCE COUNCIL ROLL CALL PRESENTATIONS / RECOGNITIONS – None 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. CITY ATTORNEY REPORT Nicholas Ghirelli, City Attorney    CITY MANAGER REPORT Patrick Gallegos, City Manager    COUNCIL COMMENTS General Council Member comments and reporting pursuant to AB 1234. COUNCIL ITEMS – None CONSENT CALENDAR Items on the consent calendar are considered to be routine and are enacted by a single motion with the exception of items removed by Council Members. A.Approval of the City Council Minutes - That  the  City  Council  approve  the minutes of the Regular City Council meeting held on July 14, 2025.   B.Demand on City Treasury (Fiscal Year 2026) - Ratification.   C.Monthly Investment Report (July 28, 2025) - Receive and file.   D.Report of City Manager and Department Heads Authorized Contracts -  That the City Council receive and file the report.   E.City of Seal Beach Biennial Conflict of Interest Code Update - That  the City  Council  adopt  Resolution  7671  amending  the  City’s  Conflict-of- Interest Code (Code) and acknowledging no changes to the Conflict-of-Interest Codes for the Public Financing Authority (Authority).   F.Establishing the Regular Meeting Time of the Environmental Quality Control Board - That  the  City  Council  approve  Resolution  7672  establishing the third Wednesday of the month at 7:00 p.m. as the regular meeting time for the Environmental Quality Control Board.   G.Approving and Authorizing Amendment 2 to the Professional Services Agreement with Yunex, LLC for Traffic Signal Maintenance Services -  That  the  City  Council  adopt  Resolution  7673: 1. Approving  Amendment  2  to the  Professional Services Agreement with Yunex, LLC dated March 13, 2019, as  previously  amended  by  Amendment  1  dated  May  13, 2024, to  extend  the term  of  the  Agreement  for  a  fourth  extension  through  June  30, 2026  (Fiscal Year  2025-2026); and, 2. Authorizing  compensation  of  $80,000  for  such additional  services  during  Fiscal  Year  2025-2026; and, 3. Authorizing  an increase  in  compensation  for  the  third  extension  (Fiscal  Year  2024-25) by $10,000 and the total  compensation of  $75,000  through  June  30, 2025, for  a revised total not-to-exceed contract amount of $550,000 for the extended term through  June  30, 2026; and, 4. Authorizing  and  directing  the City Manager  to execute Amendment 2 on behalf of the City.   H.Second Amendment to the Water Conservation Participation Agreement with Municipal Water District of Orange County for Water Conservation Participation - That  the  City  Council  adopt  Resolution  7674  authorizing  the City  Manager  to  execute  the  Second  Amendment  to  the  Water  Conservation Participation Agreement with the Municipal Water District of Orange County.   I.Approving and Authorizing Amendment 2 to the Professional Services Agreement with EXP U.S. Services, Inc. for On-Call Professional Engineering Services - That  the  City  Council  adopt  Resolution  7675: 1. Approving  Amendment  2  to  the  Professional  Services  Agreement  with  EXP U.S. Services, Inc., dated July 22, 2019, extending the term of the Agreement for a fourth extension through and including June 30, 2026; and modifying the compensation  to  the  cumulative  not-to-exceed  amount  of  $150,000  for  the Second, Third  and  Fourth  Extensions; and, 2. Authorizing  and  directing  the City  Manager  to  execute  Amendment  2  to  the  Professional  Services Agreement with EXP U.S. Services, Inc. on behalf of the City.   J.Approving and Authorizing Amendment 1 to the Adopted Seal Beach Safety Action Plan - That  the  City  Council  adopt  Resolution  7676: 1. Approving  Amendment  1  to  the  City  of  Seal  Beach  Safety  Action  Plan, as outlined  in  the  Minagar  Technical  Memo  dated  June  16, 2025, to  the  Plan originally  adopted  on  January  13, 2025; and, 2. Authorizing  and  directing  the City Manager, or their designee, to incorporate Amendment 1 into the adopted Safety Action Plan.   K.Approving and Authorizing Amendment 1 to the Professional Services Agreement for Professional Automation Design, Installation, and Implementation Services - That  the  City  Council  adopt  Resolution  7677: 1. Approving  Amendment  1  to  the  Professional  Services  Agreement  for Professional  Automation  Design, Installation, and  Implementation  Services with  Partners  in  Control, Inc. dba  Enterprise Automation, dated  April  8, 2025, modifying  the  scope  of  services  and  increasing  compensation  by  $19,082.99 for a total not-to-exceed amount of $53,050.99 for the term  of the agreement; and, 2. Authorizing  and  directing  the  City  Manager  to  execute  Amendment  1 on behalf of the City.   L.Westminster Animal Group and Services (WAGS) Animal Shelter Services Agreement - That  the  City  Council  adopt  Resolution  7678: 1. Approving  and  authorizing  the  City  Manager  or  their  designee  to  execute  the Agreement  with  the  Westminster  Adoption  Group  and  Services  (WAGS) to provide animal shelter and emergency veterinary care services for the City of Seal Beach for a three-year term; with the option to extend the Agreement for up to two additional one-year terms, at the not-to-exceed amount of $138,000 for  the first  year; and  for each  subsequent  year  for the  not-to-exceed  amount of  $138,000  as  adjusted  by  the  lesser  of  inflation  or  5% for  each  additional year; and, 2. Adding provisions to provide emergency veterinary care services for  the  City  of  Seal  Beach  for  a  not-to-exceed  amount  of  $40,000  per  year; and, 3. Approving  a  Trap-Neuter-Release  (TNR) Program  as  elected  by  the City, for  an  amount  not-to-exceed  $5,000  per  year; and, 4. Authorizing  an additional  $10,000  per  year, for  emergency  care, at  the  City  Manager’s discretion; and, 5. Authorizing  the  City  Manager  to  authorize  payments  as outlined  in  the  event  of  hoarder/breeder  animals; and, 6. Authorizing  and directing the City Manager or their designee to execute the Agreement.   M.Homeland Security Grant Program Agreement for Transfer or Purchase of Equipment and Services for Reimbursement of Operation Costs for Fiscal Year 2024 Operation Stonegarden - That  the  City  Council  adopt Resolution  7679: 1. Authorizing  the  Chief  of  Police  to  execute  an  agreement on  the  City’s  behalf  for  transfer  or  purchase  of  equipment  and  services  for reimbursement of operating costs for FY 2024; and, 2. Authorizing any further actions  necessary  for  the  purpose  of  obtaining  federal  financial  assistance provided  by  the  Department  of  Homeland  Security  – Federal  Emergency Management  Agency  and  sub-granted  through  the  Riverside  Sheriff’s Department in connection with the Operation Stonegarden Homeland Security Grant Program.   N.Approve Updated Job Specification for Police Services Manager Classification - That  the  City  Council  adopt  Resolution  7680  approving  an updated  job  specification  for  the  Police  Services  Manager  (PSM) classification.   ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARING – None UNFINISHED / CONTINUED BUSINESS – None NEW BUSINESS – None ADJOURNMENT Adjourn the City Council to Monday, August 11, 2025 at 5:30 p.m. to meet in closed session, if deemed necessary. 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   1 Brandon DeCriscio From:Patrick Gallegos Sent:Monday, July 28, 2025 4:09 PM To:Executive Team Cc:Brandon DeCriscio Subject:Council Warrant Questions Attachments:scannedImage.tif-1.tiff; 7.28.25 Council Warrant Requests.docx BCC: CITY COUNCIL Good afternoon, For your reference, please find attached the questions and staff responses regarding the warrants. Thanks, Patrick Gallegos Patrick Gallegos, City Manager 211 Eighth Street, Seal Beach, CA 90740 (562) 431-2527 x 1308 View our: Shoreline RecreaƟon Brochure Seal Beach follows Civility Principles by promoting courtesy, respectful listening, open mindedness, issue-focused debate, and embracing respectful disagreement and dissent as democratic rights and tools for sound decisions. For Information about Seal Beach, please see our City website: www.sealbeachca.gov NOTICE: This communication may contain privileged or other confidential information. If you are not the intended recipient of this communication, or an employee or agent responsible for delivering this communication to the intended recipient, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you. 000848 Sakaida Nursery Inc 07/10/2025 Regular 0.00 7,958.86 33053 32974 Invoice 06/30/2025 Multiple nursery plants 0.00 7,958.86 This is a large spend for plants. Please send the invoice copy. Please see the attached invoice. This is for landscaping for the two medians on PCH between First and Eighth Streets. 000736 Orange County Water Dist. 07/11/2025 EFT 0.00 1,293,861.80 5330 87-02-03-M/6- 20 Invoice 06/30/2025 Water Production 1/1/25-6/30/25 0.00 76,150.86 95-01-1-D/6-202 Invoice 06/30/2025 Water Production 1/1/25-6/30/25 0.00 5,407.68 95-02-01-F/6-202 Invoice 06/30/2025 Water Production 1/1/25-6/30/25 0.00 1,212,303.26 What is included in this invoice? There are 3 large payouts in warrants for “Orange County Water District” account 000736. Do these cover 1 month? 3 months? Is it water sourcing through West Orange County Water District and MWDOC? - These invoices cover water well production cost from 01/01/25 – 06/30/25 (6 months). - Amounts include cost for well water pumped out of the basin and the cost to replenish the basin based on amount of water pumped - Beverly Manor ▪ Amount of water pumped this period: 7.86 AF ▪ Cost of water pumped out: 7.86 AF of water at $344/AF = $2,703.84 ▪ Cost of replenishment: 7.86 AF of water at $344/AF = $2,703.84 $5,407.68 - Bolsa Chica ▪ Amount of water pumped this period: 1,761.87 AF ▪ Cost of water pumped out: 1,761.87 AF of pumped water at $344/AF = $606,151.63 ▪ Cost of replenishment: 1,761.87 AF of water at $344/AF = $606,151.63 $1,212,303.26 - Lampson Well ▪ Amount of water pumped this period: 110.48 AF ▪ Cost of water pumped out: 110.48 AF of pumped water at $344/AF = $38,075.43 ▪ Cost of replenishment: 110.48 AF of water at $344/AF = $38,075.43 $76,150.86 Agenda Item A AGENDA STAFF REPORT DATE:July 28, 2025 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, City Manager FROM:Gloria D. Harper, City Clerk SUBJECT:Approval of the City Council Minutes ________________________________________________________________ SUMMARY OF REQUEST: That the City Council approve the minutes of the Regular City Council meeting held on July 14, 2025. 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 July 14, 2025. Page 2 1 9 3 6 SUBMITTED BY: NOTED AND APPROVED: Gloria D. Harper Patrick Gallegos Gloria D. Harper, City Clerk Patrick Gallegos, City Manager Prepared by: Brandon DeCriscio, Deputy City Clerk ATTACHMENTS: A. Minutes - Regular Session, July 14, 2025 Seal Beach, California July 14, 2025 The City Council met in Regular Session at 7:02 p.m. in the City Council Chambers. Council Member Senecal led the Pledge of Allegiance. ROLL CALL Present: Mayor Landau Council Members: Kalmick, Senecal, Steele Absent: Wong City Staff: Nicholas Ghirelli, City Attorney Patrick Gallegos, City Manager Michael Henderson, Police Chief Barbara Arenado, Director of Finance/City Treasurer Iris Lee, Director of Public Works Kyle Cain, Orange County Fire Authority Captain Joe Bailey, Marine Safety Chief Gloria D. Harper, City Clerk Shaun Temple, Planning Manager Mike Ezroj, Police Captain Tim Kelsey, Recreation Manager Kathryne Cho, Deputy Director of Public Works/City Engineer David Spitz, Associate Engineer Sean Sabo, Management Analyst Brandon DeCriscio, Deputy City Clerk PRESENTATIONS / RECOGNITIONS • Marine Safety Lifesaving Awards ORAL COMMUNICATIONS Mayor Landau opened oral communications. Speakers: Catherine Showalter, Chad Berlinghieri, James Jenson, Hope Horning, and Schelly Sustarsic addressed the City Council. Mayor Landau closed oral communications. Five (5) supplemental communications were received after posting the agenda; they were distributed to the City Council and made available to the public. APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES Council Member Senecal pulled item C for separate consideration. Mayor Landau moved, second by Council Member Senecal to approve the agenda. AYES: Kalmick, Landau, Senecal, Steele NOES: None ABSENT: Wong ABSTAIN: None Motion carried CITY ATTORNEY REPORT City Attorney Ghirelli had nothing to report. CITY MANAGER REPORT City Manager Gallegos announced that trash pickup service has resumed after the Republic Services strike. He noted that while Republic Services works to catch up on trash collection, street sweeping will continue as scheduled; however, parking enforcement for street sweeping will be adjusted in the affected areas. COUNCIL COMMENTS Council Member Senecal reported that she met with residents regarding the water and wastewater utility rate study and potential rate adjustments. Mayor Pro Tem Steele reported his attendance at the Golden Rain Foundation (GRF) President’s Council meeting, The City Staff 3rd of July Barbeque, a meeting with the Leisure World Uncensored Club and Director of Public Works Lee, and the Association of California Cities – Orange County (ACC-OC) Orange County Sanitation District (OCSan) tour. Additionally, Mayor Pro Tem Steele noted that he was looking forward to the Joint Forces Training Base July 3rd fireworks returning next year. Lastly, Mayor Pro Tem Steele noted that he went on vacation up to the mountains for the 4th of July holiday. Council Member Kalmick reported his attendance at the Sol’s Place Ribbon Cutting Ceremony, the City Staff 3rd of July Barbeque, the Surfside Colony Townhall Board Meeting, the Environmental Quality Control Board (EQCB) meeting, and the Urban Orchard Park Ribbon Cutting Ceremony. Mayor Landau had no comments. COUNCIL ITEMS There were no Council Items. CONSENT CALENDAR Council Member Senecal moved, second by Council Member Kalmick, to approve the recommended actions on the consent calendar with the exception of Item C. A. Approval of the City Council Minutes - That the City Council approve the minutes of the Regular City Council meeting held on June 23, 2025. B. Demand on City Treasury (Fiscal Year 2026) - Ratification. C. Amendment 2 to the Professional Services Agreement with Psomas for Development of an Environmental Impact Report - That the City Council adopt Resolution 7667: 1. Approving Amendment 2 to the Professional Services Agreement with Psomas to approve an increase in compensation of $18,080 for continued professional environmental consulting services for a revised total not - to-exceed amount of $256,473, and a 12 -month extension to expire on June 30, 2026; and, 2. Authorizing the City Manager, or their designee, to execute Amendment 2 on behalf of the City. The vote below is for the Consent Calendar Items with the exception of Item C. AYES: Kalmick, Senecal, Steele, Landau NOES: None ABSENT: Wong ABSTAIN: None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR C. Amendment 2 to the Professional Services Agreement with Psomas for Development of an Environmental Impact Report - That the City Council adopt Resolution 7667: 1. Approving Amendment 2 to the Professional Services Agreement with Psomas to approve an increase in compensation of $18,080 for continued professional environmental consulting services for a revised total not - to-exceed amount of $256,473, and a 12 -month extension to expire on June 30, 2026; and, 2. Authorizing the City Manager, or their designee, to execute Amendment 2 on behalf of the City. City Manager Gallegos called upon Council Member Senecal for comments. Council Member Senecal noted that the City would be reimbursed for the contract. Council Member Senecal moved, second by Mayor Pro Tem Steele to adopt Resolution 7667: 1. Approving Amendment 2 to the Professional Services Agreement with Psomas to approve an increase in compensation of $18,080 for continued professional environmental consulting services for a revised total not-to-exceed amount of $256,473, and a 12-month extension to expire on June 30, 2026; and, 2. Authorizing the City Manager, or their designee, to execute Amendment 2 on behalf of the City. AYES: Kalmick, Senecal, Steele, Landau NOES: None ABSENT: Wong ABSTAIN: None Motion carried PUBLIC HEARING D. Proposition 218 Protest Public Hearing – Water Rate and Sewer Rate Adjustments - 1. That the City Council conduct a public hearing to accept comments on the proposed water and sewer rate adjustments; and, 2. Upon the conclusion of the public hearing, that the City Council adopt Resolution 7668 responding to timely filed written objections to the proposed water and sewer rates pursuant to the requirements of Assembly Bill 2257; and, 3. Upon the conclusion of the public hearing, provided a majority protest against the proposed water rates does not exist, that City Council adopt Resolution 7669 establishing the water rates, effective August 1, 2025; and, 4. Upon the conclusion of the public hearing, provided a majority protest against the proposed sewer rates does not exist, that City Council adopt Resolution 7670 establishing the sewer rates, effective August 1, 2025; and, 5. Receive and file the Water and Wastewater Financial Plan and Rate Study, prepared by Raftelis Financial Consultants, Inc., dated June 17, 2025, as presented to the City Council at this meeting and on file in the office of the City Clerk. Director of Public Work Lee gave an overview of the Proposition 218 process. Director of Public Works Lee and Raftelis Financial Advisors Manager Steve Gagnon provided an in-depth overview of the staff report and responded to questions. Mayor Landau opened the Public Hearing. Speakers: Rick Mansour, Anonymous Speaker 1, Anonymous Speaker 2, Matthew Terry, Charlie Kluger, Christine Melgren, Hope Horning, Theresa Miller, James Jenson, Jerry Pieretti, and Catherine Showalter addressed the City Council. Mayor Landau closed the Public Hearing. Mayor Landau read Council Member Wong’s statement into the record. Council Member Senecal moved, second by Mayor Landau to continue Item D to the July 28, 2025, meeting. AYES: Senecal, Landau NOES: Kalmick, Steele ABSENT: Wong ABSTAIN: None Motion failed Council Member Senecal moved, second by Mayor Landau to reopen the Public Hearing and continue the item to the July 28, 2025, meeting. City Manager Gallegos requested the item be moved to the August 11, 2025, City Council meeting due to staffing issues during the July 28, 2025, meeting. The City Council Senecal accepted City Manager Gallegos’ request to continue the item to the August 11, 2025, City Council meeting. AYES: Kalmick, Senecal, Landau NOES: Steele ABSENT: Wong ABSTAIN: None Motion carried City Attorney Ghirelli noted that the Public Hearing has been reopened and will be reconsidered on August 11, 2025. He clarified that the opportunity to submit written protest letters will continue through the close of the Public Hearing August 11, 2025. Council Member Senecal’s questions were addressed by City Clerk Harper, City Attorney Ghirelli, Raftelis Financial Consultants Manager Steve Gagnon, Director of Finance Arenado, and Director of Public Works Lee. City Clerk Harper read into the record the results of the number of protest letters received regarding the proposed Water and Sewer Rates Increase, which are as follows: The City received written protests against the proposed rate adjustments for water service representing 297 parcels out of a total of 5587 parcels. The City received written protests against the proposed rate adjustments for sewer service representing parcels out of a total of 5050 parcels. UNFINISHED/CONTINUED BUSINESS There were no unfinished/continued business items. NEW BUSINESS There were no new business items. ADJOURNMENT Mayor Landau adjourned the City Council meeting at 9:15 p.m. to Monday, July 28, 2025, at 5:30 p.m. to meet in closed session, if deemed necessary. __________________________ Gloria D. Harper, City Clerk City of Seal Beach Approved:___________________________ Lisa Landau, Mayor Attested:____________________________ Gloria D. Harper, City Clerk Agenda Item D AGENDA STAFF REPORT DATE:July 28, 2025 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, City Manager FROM:Gloria D. Harper, City Clerk SUBJECT:Report of City Manager and Department Heads Authorized Contracts _______________________________________________________________ SUMMARY OF REQUEST: That the City Council receive and file the report. BACKGROUND AND ANALYSIS: In an effort to further increase transparency, the City Manager provides a quarterly report to the City Council that identifies all contracts executed by the City Manager. The City Manager has the authority to approve and execute contracts up to the amount of $41,818. Seal Beach Municipal Code Section 3.20.005 authorizes the City Manager to delegate spending authority to Department Heads. For departments other than the Director of Public Works and the Director of Finance/City Treasurer, this authority shall not exceed $15,000 per purchase or contract. For the Director of Public Works, the limit is established per the City’s Charter Section 1010. For the Director of Finance/City Treasurer, other than for Finance Department expenditures which are set at $15,000, there is additional authority to authorize purchases for City Departments up to the City Manager’s established contract signing authority. Below is a list of contracts executed by the City Manager and Department Heads for the period of April 1, 2025 – June 30, 2025: AGREEMENT DATE DEPARTMENT VENDOR AMOUNT PURPOSE EXPIRATION DATE 3/24/2025 Public Works Vestis Services, LLC $39,000 Field Uniform Supply, Cleaning & Logo Mat Services 3/24/2027 2 1 0 9 3/30/2025 Public Works Local Agency Engineering Associates, Inc. $25,000 Amendment 1 to Professional Agreement for Interagency Support & Program Management. Original term expired 6/30/2025; amendment extends term by two (2) years. 6/30/2027 4/7/2025 Public Works Jeta Group, Inc. dba JP Electric $40,000 General Electrical Installation, Maintenance & Repair Services 4/7/2026 4/7/2025 Public Works NV5, Inc $40,000 Staffing Support Services 12/31/2025 4/8/2025 Public Works Partners in Control, Inc. dba Enterprise Automation $33,968 Professional Automation Design, Installation and Implementation Services 4/8/2026 4/14/2025 Public Works Duke Cultural Resources Management, LLC $16,780 Archaeological Buried Site Testing Services for Beverly Manor Well 12/31/2025 5/13/2025 Public Works Environmental Compliance Inspection Services Increase compensation from original agreement totaling: $13,000 Amendment 1 to the Professional Services Agreement for Fats & Oils & Grease (FOG) inspection services 5/25/2025 2 1 0 9 5/15/2025 Public Works Silsby Strategic Advisors, Inc. $40,000 Strategic Support Services 07/01/2026 5/19/2025 Public Works Ron's Maintenance Inc. $23,800 Catch Basin Cleaning and Maintenance Services 5/19/2026 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 sufficient funding available in the Fiscal Year 2024-2025 budget. However, as with all City Council approved contracts, all contracts executed under staff’s contracting authority are processed internally with review and approval by the City Attorney, Director of Finance, City Clerk and City Manager. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council receive and file the report. SUBMITTED BY: NOTED AND APPROVED: Gloria D. Harper Patrick Gallegos Gloria D. Harper, City Clerk Patrick Gallegos, City Manager Prepared by: Brandon DeCriscio, Deputy City Clerk Agenda Item E AGENDA STAFF REPORT DATE: July 28, 2025 TO: Honorable Mayor and City Council THRU: Patrick Gallegos, City Manager FROM: Gloria D. Harper, City Clerk SUBJECT:City of Seal Beach Biennial Conflict-of-Interest Code Update _____________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7671 amending the City’s Conflict-of- Interest Code (Code) and acknowledging no changes to the Conflict-of-Interest Codes for the Public Financing Authority (Authority). BACKGROUND AND ANALYSIS: The Political Reform Act (PRA), Government Code Section 81000, requires the City of Seal Beach (City) to adopt a Conflict-of-Interest Code. A Conflict-of-Interest Code tells public officials, governmental employees, and consultants what financial interests they must disclose on their Statement of Economic Interest (Form 700). The PRA also requires local governments to review and, if necessary, to update their Conflict-of-Interest Code in each even-numbered year. The City last updated the Conflict-of-Interest Code applicable to the City, Authority and Agency in February 2022 through Resolution 7343 (Attachment E). On June 23, 2025, the City Council authorized and approved amendments to the Classification Plan to reclassify one (1) Maintenance Services Supervisor position within the Public Works Department on the Seal Beach Full-Time Pay Schedule to the following positions and grades: Public Works Superintendent and designating this job classification to Grade 28B; and, Senior Utilities Supervisor, and designating this job classification to Grade 28A; and, Cross-Connection Control Specialist and designating this job classification to Grade 17. The Public Works Department oversees a broad range of responsibilities and specialized disciplines, requiring personnel with specific expertise and Page 2 2 1 0 6 professional licenses to carry out their duties effectively. As the scope and complexity of municipal operations continue to evolve, it is critical that the City’s classification plan remains aligned with current regulatory standards, operational requirements, and workforce expectations. Proposed Resolution 7671 (Attachment A) includes the following recommended updates to the City’s Conflict-of-Interest Code for the City and Authority, which are set forth in Exhibit “A” and Appendices 1-3, inclusive of said Resolution: The Model Code as set forth in Fair Political Practices Commission (FPPC) Regulation 18730 (Section 18730 of Title 2, Division 6, of the California Code of Regulations) (Attachment B); and, An Appendix containing the amended master list of the titles of designated employee positions to include Public Works Superintendent, Senior Utilities Supervisor, and Cross Connection Control Specialist (Attachment C); and, An Appendix containing the Disclosure Categories (Attachment C); and, Authorization for changes to designated employee positions as listed in the Department Reorganization Plan as the City deems necessary; and, An Appendix which includes FPPC Forms 804 and 805 with respect to newly appointed positions and consultants, respectively (Attachment D). 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: No financial impact related to this item. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. Page 3 2 1 0 6 RECOMMENDATION: That the City Council adopt Resolution 7671 amending the City’s Conflict of Interest Code (Code) and acknowledging no changes to the Conflict-of-Interest Codes for the Public Financing Authority (Authority). SUBMITTED BY: NOTED AND APPROVED: Gloria D. Harper Patrick Gallegos Gloria D. Harper, City Clerk Patrick Gallegos, City Manager ATTACHMENTS: A. Resolution 7671 B. Model Code (2 Cal. Code Reg. 18730) C. Update to Designated Employee List and Disclosure Categories D. Forms 804 and 805 E. Resolution 7343 1 0 3 2 1 RESOLUTION 7671 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ADOPTING AN AMENDED CONFLICT-OF-INTEREST CODE CONTAINING REVISED DESIGNATED POSITIONS, DISCLOSURE CATEGORIES AND SUPERSEDING AND REPEALING RESOLUTION 7343 THE SEAL BEACH CITY COUNCIL DOES HEREBY FIND, RESOLVE, AND ORDER AS FOLLOWS: Section 1. The Political Reform Act, Government Code Section 81000, et seq. requires the City of Seal Beach (“City”) to adopt a Conflict-of-Interest Code for each department of the City. Section 2. The Fair Political Practices Commission has adopted a Model Conflict of Interest Code (the “Model Code”). The Model Code, codified at 2 California Code of Regulations Section 18730, can be incorporated by reference by the City as its Conflict-of-Interest Code. That Model Code will be amended by the Fair Political Practices Commission from time to time to conform to amendments to the Political Reform Act. Section 3. Pursuant to Resolution Number 7343, the City previously adopted a Conflict-of-Interest Code containing designated positions and disclosure categories. By this resolution the City is adopting the updated Conflict-of-Interest Code, designated positions, and disclosure categories. Section 4. Resolution Number 7343 of the City is hereby superseded and repealed in its entirety. The Model Code, attached hereto as Exhibit “A” and any amendments to it duly adopted by the Fair Political Practices Commission, and Appendices 1-3, are hereby incorporated by reference and shall constitute the Conflict-of-Interest Code for the City. Section 5. Persons holding designated positions listed in Appendix 1 of Exhibit “A” shall file Statements of Economic Interest pursuant to this section of the Conflict-of-Interest Code with the information required for the disclosure categories assigned to them in Appendix 2 of Exhibit “A.” Section 6. The City Council hereby directs the City Clerk and City Attorney to coordinate the preparation of a revised Conflict-of-Interest Code in succeeding even-numbered years in accordance with the requirements of Government Code Sections 87306 and 87306.5. The revised Code should reflect any changes in department or employee designations as listed in the Department Reorganization Plan as the City Clerk and City Attorney deem necessary. If no revisions to the Code are required, the City Clerk shall submit a report no later than October 1st of the same year, stating that amendments to the Code are not required. Section 7. The City Council, as the Code reviewing body, hereby acknowledges that the Public Financing Authority has no changes to its Conflict-of- Interest Code. Section 8. 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 28th day of July 2025 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Lisa Landau, Mayor ATTEST: Gloria D. Harper, City Clerk 1 0 3 2 1 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 7671 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of July 2025. Gloria D. Harper, City Clerk EXHIBIT “A” [MODEL CONFLICT OF INTEREST CODE 8 CAL. CODE OF REGULATIONS § 18730] 1 0 3 2 1 APPENDIX 1 List of Designated Employee Positions Position Disclosure Categories Accountant 2 Assistant City Attorney 1 Assistant Engineer 1 Assistant City Manager 1 Assistant Planner 2 Associate Engineer 2 Associate Planner 2 Building Official 1 City Clerk 1 *Cross Connection Control Specialist 2* Designated Consultants** 1 Deputy Director of Public Works/City Engineer 1 Deputy Director of Public Works 1 Director of Community Development 1 Director of Public Works 1 Fleet Maintenance Program Manager 2 Finance Manager 1 Maintenance Services Supervisor 2 Marine Safety/ Lifeguard Chief 1 Marine Safety/ Lifeguard Lieutenant 1 Planning Manager 1 Police Chief 1 *Public Works Superintendent 1* Recreation Manager 2 Senior Planner 2, 4 Senior Account Technician 3 *Senior Utilities Supervisor 2* Water Services Supervisor 2 *New Positions 1 Historic Preservation Committee 4 Recreation and Parks Commission 1 Police Captain 1 Police Lieutenant 1 Financial Analyst 2, 3, 4 The following positions are required to file Category 1 – Broad Responsibilities pursuant to Government Code Section 87200: City Attorney City Council Members City Manager Director of Finance / City Treasurer Planning Commissioners *Individuals who are either (1) serve in a newly created or (2) provide services as a “consultant” as defined in Regulation 18700.3, that make or participate in the decision making that may foreseeably have a material effect on any financial interest shall disclose pursuant to the broadest discloser in this code subject to the following: The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of duties and a statement of the extent of the disclosure requirements must be in a written public document (see Appendix). ** Consultants who fit into one or more of the following categories shall be included in the list of designated employees as “Designated Consultants”: A. Consultants who make (not just recommend) governmental decisions, such as whether to approve a rate, rule, or regulation, whether to issue, deny, suspend, or revoke any permit, license, application, certificate or similar authorization, adopt or grant City approval to a plan, design, report, study, or adopt or grant City approval of policies, standards, or guidelines for the City or any subdivision thereof. B. Consultants who serve in a staff capacity with the City, and in that capacity participate in making a governmental decision by providing information, an opinion, or a recommendation for the purpose of affecting the decision without significant intervening substantive review. C. Consultants who perform the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a designated position in the City’s Conflict-of-Interest Code. When the Designated Consultant is a corporation, partnership, or limited liability company, only individuals who fit into one of the three categories of “Designated Consultants” described above must file disclosure statements. For Designated Consultants who serve in a staff capacity with the City (Category B, described above), the consultant shall disclose based on the disclosure categories assigned elsewhere in this code for that staff position. For other Designated Consultants who do not serve in a staff capacity for the City (Categories A and C, described above), the following disclosure categories shall be used: 1 0 3 2 1 Persons required to disclose in this category shall disclose pursuant to Category 1 below unless the City Manager determines in writing that a particular consultant is hired to perform a range of duties that are limited in scope and thus is not required to fully comply with the disclosure requirements in Category 1. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. A clear explanation of duties and a statement of the extent of the disclosure requirements must be in a written public document (see Appendix). *Bold Titles added to List of Designated Employee Positions APPENDIX 2 Disclosure Categories Category 1 – Broad Responsibilities – Full Disclosure Persons in this category shall disclose all investments, business positions, and income, including loans and gifts, from sources located in or doing business in the jurisdiction. Persons in this category shall also report interests in real property located in the jurisdiction, including property located within a two-mile radius of any property owned or used by the City. Category 2 – Contracting or Purchasing Responsibilities Persons in this category shall disclose investments and business positions in business entities, and sources of income, including loans and gifts, which provide services, supplies, materials, machinery, or equipment of the type utilized by the City. Category 3 – Regulatory Power Persons in this category shall disclose investments and business positions in business entities, and sources of income, including loans and gifts, which are subject to the regulatory, permit, or licensing authority of the City. Category 4 – Decision-Making Authority Affecting Real Property Persons in this category shall disclose investments and business positions in business entities, and sources of income, including loans and gifts, which engage in land development, construction, or acquisition or sale of real properly, and all interests in real property located within the jurisdiction, including property located within a two-mile radius of any property owned or used by the City. 1 0 3 2 1 APPENDIX 3 [FAIR POLITICAL PRACTICES COMMISSION FORMS 804 AND 805] 6 5 9 6 APPENDIX 1 List of Designated Employee Positions Position Disclosure Categories Accountant 2 Assistant City Attorney 1 Assistant Engineer 1 Assistant City Manager 1 Assistant Planner 2 Associate Engineer 2 Associate Planner 2 Building Official 1 City Clerk 1 *Cross Connection Control Specialist 2* Designated Consultants** 1 Deputy Director of Public Works/City Engineer 1 Deputy Director of Public Works 1 Director of Community Development 1 Director of Public Works 1 Fleet Maintenance Program Manager 2 Finance Manager 1 Maintenance Services Supervisor 2 Marine Safety/ Lifeguard Chief 1 Marine Safety/ Lifeguard Lieutenant 1 Planning Manager 1 Police Chief 1 *Public Works Superintendent 1* Recreation Manager 2 Senior Planner 2, 4 Senior Account Technician 3 *Senior Utilities Supervisor 2* Water Services Supervisor 2 *New Positions 1 Historic Preservation Committee 4 Recreation and Parks Commission 1 Police Captain 1 Police Lieutenant 1 Financial Analyst 2, 3, 4 The following positions are required to file Category 1 – Broad Responsibilities pursuant to Government Code Section 87200: City Attorney City Council Members City Manager Director of Finance / City Treasurer Planning Commissioners *Individuals who are either (1) serve in a newly created or (2) provide services as a “consultant” as defined in Regulation 18700.3, that make or participate in the decision making that may foreseeably have a material effect on any financial interest shall disclose pursuant to the broadest discloser in this code subject to the following: The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of duties and a statement of the extent of the disclosure requirements must be in a written public document (see Appendix). ** Consultants who fit into one or more of the following categories shall be included in the list of designated employees as “Designated Consultants”: A. Consultants who make (not just recommend) governmental decisions, such as whether to approve a rate, rule, or regulation, whether to issue, deny, suspend, or revoke any permit, license, application, certificate or similar authorization, adopt or grant City approval to a plan, design, report, study, or adopt or grant City approval of policies, standards, or guidelines for the City or any subdivision thereof. B. Consultants who serve in a staff capacity with the City, and in that capacity participate in making a governmental decision by providing information, an opinion, or a recommendation for the purpose of affecting the decision without significant intervening substantive review. C. Consultants who perform the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a designated position in the City’s Conflict-of-Interest Code. When the Designated Consultant is a corporation, partnership, or limited liability company, only individuals who fit into one of the three categories of “Designated Consultants” described above must file disclosure statements. For Designated Consultants who serve in a staff capacity with the City (Category B, described above), the consultant shall disclose based on the disclosure categories assigned elsewhere in this code for that staff position. For other Designated Consultants who do not serve in a staff capacity for the City (Categories A and C, described above), the following disclosure categories shall be used: 6 5 9 6 Persons required to disclose in this category shall disclose pursuant to Category 1 below unless the City Manager determines in writing that a particular consultant is hired to perform a range of duties that are limited in scope and thus are not required to fully comply with the disclosure requirements in Category 1. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. A clear explanation of duties and a statement of the extent of the disclosure requirements must be in a written public document (see Appendix). *Bold Titles added to List of Designated Employee Positions APPENDIX 2 Disclosure Categories Category 1 – Broad Responsibilities – Full Disclosure Persons in this category shall disclose all investments, business positions, and income, including loans and gifts, from sources located in or doing business in the jurisdiction. Persons in this category shall also report interests in real property located in the jurisdiction, including property located within a two-mile radius of any property owned or used by the City. Category 2 – Contracting or Purchasing Responsibilities Persons in this category shall disclose investments and business positions in business entities, and sources of income, including loans and gifts, which provide services, supplies, materials, machinery, or equipment of the type utilized by the City. Category 3 – Regulatory Power Persons in this category shall disclose investments and business positions in business entities, and sources of income, including loans and gifts, which are subject to the regulatory, permit, or licensing authority of the City. Category 4 – Decision-Making Authority Affecting Real Property Persons in this category shall disclose investments and business positions in business entities, and sources of income, including loans and gifts, which engage in land development, construction, or acquisition or sale of real property, and all interests in real property located within the jurisdiction, including property located within a two-mile radius of any property owned or used by the City. 6 5 9 6 APPENDIX 3 [FAIR POLITICAL PRACTICES COMMISSION FORMS 804 AND 805] RESOLUTION 7343 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ADOPTING AN AMENDED CONFLICT OF INTEREST CODE CONTAINING REVISED DESIGNATED POSITIONS, DISCLOSURE CATEGORIES AND SUPERSEDING AND REPEALING RESOLUTION 7254 THE SEAL BEACH CITY COUNCIL DOES HEREBY FIND, RESOLVE, AND ORDER AS FOLLOWS: Section 1. The Political Reform Act, Government Code Section 81000, et seq. requires the City of Seal Beach ("City") to adopt a Conflict of Interest Code for each department of the City. Section 2. The Fair Political Practices Commission has adopted a Model Conflict of Interest Code (the "Model Code"). The Model Code, codified at 2 California Code of Regulations Section 18730, can be incorporated by reference by the City as its Conflict of Interest Code. That Model Code will be amended by the Fair Political Practices Commission from time to time to conform to amendments to the Political Reform Act. Section 3. Pursuant to Resolution Number 7254, the City previously adopted a Conflict of Interest Code containing designated positions and disclosure categories. By this resolution the City is adopting the updated Conflict of Interest Code, designated positions, and disclosure categories. Section 4. Resolution Number 7254 of the City is hereby superseded and repealed in its entirety. The Model Code, attached hereto as Exhibit "A" and any amendments to it duly adopted by the Fair Political Practices Commission, and Appendices 1-3, are hereby incorporated by reference and shall constitute the Conflict of Interest Code for the City. Section 5. Persons holding designated positions listed in Appendix 1 of Exhibit "A" shall file Statements of Economic Interest pursuant to this section of the Conflict of Interest Code with the information required for the disclosure categories assigned to them in Appendix 2 of Exhibit "A." Section 6. The City Council hereby directs the City Clerk and City Attorney to coordinate the preparation of a revised Conflict of Interest Code in succeeding even-numbered years in accordance with the requirements of Government Code Sections 87306 and 87306.5. The revised Code should reflect any changes in department or employee designations as listed in the Department Reorganization Plan as the City Clerk and City Attorney deem necessary. If no revisions to the I I Code are required, the City Clerk shall submit a report no later than October 1st of the same year, stating that amendments to the Code are not required. Section 7. The City Council, as the Code reviewing body, hereby acknowledges that the Public Financing Authority has no changes to its Conflict of Interest Code. Section 8. 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 24th day of October, 2022 by the following vote: AYES: Council Members: Kalmick. Massa-Lavitt, Moore, Sustarsic, Varipapa NOES: Council Members: None ABSENT: Council Members: None ABSTAIN: Council Members: None f.. 41W-4j SEAL 84c. Jde }almick, Mayor c-A40RATF09C,YAEST: aLE 1 WA'II a Ir • Gloria D. Harp- , 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 7343 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular m -ting held on the 24th day of October, 2022. Gloria D. H. •er, ' 'errk EXHIBIT "A" MODEL CONFLICT OF INTEREST CODE 8 CAL. CODE OF REGULATIONS § 18730] Regulations of the Fair Political Practices Commission,Title 2, Division 6, California Code of Regulations) 18730. Provisions of Conflict of Interest Codes. a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Section 87300 or the amendment of a conflict of interest code within the meaning of Section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest. b)The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows: 1) Section 1. Definitions. The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission(Regulations 18110, et seq. ), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. 2) Section 2. Designated Employees. 1 1 The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests. 3) Section 3. Disclosure Categories. This code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq. In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply: A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency; B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and C)The filing officer is the same for both agencies) Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees,the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in the employee's statement of economic interests those economic interests the employee has which are of the kind described in the disclosure categories to which the employee is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's 2 disclosure categories are the kinds of economic interests which the employee foreseeably can affect materially through the conduct of the employee's office. 4) Section 4. Statements of Economic Interests: Place of Filing. The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.2 5) Section 5. Statements of Economic Interests: Time of Filing. A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted,promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person • already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. C) Annual Statements. All designated employees shall file statements no later than April 1. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the deadline for the annual statement of economic interests is 30 days following the person's return to office,provided the person, or someone authorized to represent the person's interests, notifies the filing officer in writing prior to the applicable filing deadline that the person is subject to that federal statute and is unable to meet the applicable deadline, and provides the filing officer verification of the person's military status. 3 4 D) Leaving Office Statements. All persons who leave designated positions shall file J statements within 30 days after leaving office. 5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office. Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided the person did not make or participate in the making of, or use the person's position to influence any decision and did not receive or become entitled to receive any form of payment as a result of the person's appointment. Such persons shall not file either an assuming or leaving office statement. A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following: 1) File a written resignation with the appointing power; and 2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation the person did not make,participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. 6) Section 6. Contents of and Period Covered by Statements of Economic Interests. A) Contents of Initial Statements. Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code. B) Contents of Assuming Office Statements. 4 Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment,on the date of nomination,and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively. C) Contents of Annual Statements. Annual statements shall disclose any reportable investments,interests in real property, income and business positions held or received during the previous calendar year provided,however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754. D) Contents of Leaving Office Statements. Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office. 7) Section 7. Manner of Reporting. Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information: A) Investment and Real Property Disclosure. When an investment or an interest in real property3 is required to be reported,' the statement shall contain the following: 1. A statement of the nature of the investment or interest; 5 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged; 3. The address or other precise location of the real property; 4. A statement whether the fair market value of the investment or interest in real property equals or exceeds$2,000, exceeds $10,000, exceeds$100,000, or exceeds $1,000,000. B) Personal Income Disclosure. When personal income is required to be reported,5 the statement shall contain: 1. The name and address of each source of income aggregating$500 or more in value, or 50 or more in value if the income was a gift,and a general description of the business activity, if any, of each source; 2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was$1,000 or less, greater than$1,000, greater than$10,000, or greater than$100,000; 3. A description of the consideration, if any, for which the income was received; 4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received; 5. In the case of a loan, the annual interest rate and the security, if any,given for the loan and the term of the loan. C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,6 the statement shall contain: 1. The name, address, and a general description of the business activity of the business entity; 6 III2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than$10,000. D) Business Position Disclosure. When business positions are required to be reported,a designated employee shall list the name and address of each business entity in which the employee is a director, officer,partner, trustee, employee, or in which the employee holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal. 8) Section 8. Prohibition on Receipt of Honoraria. A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests. B)This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. C) Subdivisions(a), (b), and(c) of Section 89501 shall apply to the prohibitions in this section. II D)This section shall not limit or prohibit payments, advances,or reimbursements for I i travel and related lodging and subsistence authorized by Section 89506. 8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of$520. 7 11 di A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than$520 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests. B) This section shall not apply to any part-time member of the governing board of any public institution of higher education,unless the member is also an elected official. C) Subdivisions (e), (f), and(g) of Section 89503 shall apply to the prohibitions in this section. 8.2) Section 8.2. Loans to Public Officials. A) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from any officer, employee,member,or consultant of the state or local government agency in which 111 the elected officer holds office or over which the elected officer's agency has direction and control. B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and(g)of Section 4 of Article VII of the Constitution shall, while he or she holds office,receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial,clerical,or manual. C) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from 8 any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall,while the official holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical,or manual. E)This section shall not apply to the following: 1. Loans made to the campaign committee of an elected officer or candidate for elective office. 2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister,parent-in-law,brother-in-law, sister-in-law,nephew,niece, aunt,uncle,or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 9 3. Loans from a person which, in the aggregate, do not exceed$500 at any given time. 4. Loans made, or offered in writing, before January 1, 1998. 8.3) Section 8.3. Loan Terms. A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of the officer's election to office through the date the officer vacates office, receive a personal loan of$500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement,date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. B) This section shall not apply to the following types of loans: 1. Loans made to the campaign committee of the elected officer. 2. Loans made to the elected officer by his or her spouse, child,parent,grandparent, grandchild, brother, sister,parent-in-law,brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person,Provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 3. Loans made, or offered in writing,before January 1, 1998. C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code. 8.4) Section 8.4. Personal Loans. A) Except as set forth in subdivision(B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances: 10 1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired. 2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following: a. The date the loan was made. b. The date the last payment of$100 or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than $250 during the previous 12 months. B)This section shall not apply to the following types of loans: 1. A loan made to the campaign committee of an elected officer or a candidate for elective office. 2. A loan that would otherwise not be a gift as defined in this title. 3. A loan that would otherwise be a gift as set forth under subdivision(A), but on which the creditor has taken reasonable action to collect the balance due. 4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action. Except in a criminal action,a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations. 5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy. C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code. 11 9) Section 9. Disqualification. No designated employee shall make,participate in making, or in any way attempt to use the employee's official position to influence the making of any governmental decision which the employee knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of the official's immediate family or on: A) Any business entity in which the designated employee has a direct or indirect investment worth$2,000 or more; B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more; C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $500 or more in value provided to,received by or promised to the designated employee within 12 months prior to the time when the decision is made; D) Any business entity in which the designated employee is a director,officer,partner, trustee, employee, or holds any position of management; or E) Any donor of, or any intermediary or agent for a donor of,a gift or gifts aggregating 500 or more provided to,received by, or promised to the designated employee within 12 months prior to the time when the decision is made. 9.3) Section 9.3. Legally Required Participation. No designated employee shall be prevented from making or participating in the making of any decision to the extent the employee's participation is legally required for the decision to be made. 12 4 The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make the employees'participation legally required for purposes of this section. 9.5) Section 9.5. Disqualification of State Officers and Employees. In addition to the general disqualification provisions of section 9, no state administrative official shall make,participate in making, or use the official's position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of the official's immediate family has, within 12 months prior to the time when the official action is to be taken: A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more. 10) Section 10. Disclosure of Disqualifying Interest. When a designated employee determines that the employee should not make a governmental decision because the employee has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. 11) Section 11. Assistance of the Commission and Counsel. Any designated employee who is unsure of the duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for the employee's agency,provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. 12) Section 12. Violations. 13 This code has the force and effect of law. Designated employees violating any provision of this J code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003. Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements,provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004. 2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 3 For the purpose of disclosure only(not disqualification), an interest in real property does not include the principal residence of the filer. a Investments and interests in real property which have a fair market value of less than$2,000 are not investments and interests in real property within the meaning of the Political Reform Act. However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate,a direct, indirect or beneficial interest of 10 percent or greater. 14 11111 5 A designated employee's income includes the employee's community property interest in the income of the employee's spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer. Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300- 87302, 89501, 89502 and 89503, Government Code. HISTORY 1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80,No. 14). Certificate of Compliance included. 2. Editorial correction(Register 80,No. 29). 3. Amendment of subsection(b) filed 1-9-81; effective thirtieth day thereafter(Register 81, No. 2). 4. Amendment of subsection(b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter(Register 83,No. 5). 5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter(Register 83,No. 46). 6. Amendment filed 4-13-87; operative 5-13-87 (Register 87,No. 16). 7. Amendment of subsection(b) filed 10-21-88; operative 11-20-88 (Register 88,No. 46). 8. Amendment of subsections (b)(8)(A) and(b)(8)(B) and numerous editorial changes filed 8-28- 90; operative 9-27-90 (Reg. 90, No. 42). 15 9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of Note filed 8-7-92; operative 9-7-92 (Register 92, No. 32). 10. Amendment of subsection(b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93; operative 2-4-93 (Register 93, No. 6). 11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 11-22-93 pursuant to title 1, section 100,California Code of Regulations (Register 93,No. 48). Approved by Fair Political Practices Commission 9-21-93. 12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1, section 100, California Code of Regulations (Register 94,No. 1). 13. Editorial correction adding History 11 and 12 and deleting duplicate section number Register 94, No. 17). 14. Amendment of subsection(b)(8),designation of subsection(b)(8)(A),new subsection b)(8)(B), and amendment of subsections(b)(8.1)-(b)(8.1)(B), (b)(9)(E) and Note filed 3-14-95; operative 3-14-95 pursuant to Government Code section 11343.4(d) (Register 95,No. 11). 15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13). 16. Amendment of subsections (b)(8)(A)-(B) and(b)(8.1)(A), repealer of subsection(b)(8.1)(B), and amendment of subsection(b)(12) filed 10-23-96; operative 10-23-96 pursuant to Government Code section 11343.4(d) (Register 96,No. 43). 17. Amendment of subsections (b)(8.1) and(9)(E) filed 4-9-97; operative 4-9-97 pursuant to Government Code section 11343.4(d) (Register 97,No. 15). 16 18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment of Note filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d) Register 98, No. 35). 19. Editorial correction of subsection(a) (Register 98, No. 47). 20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and(b)(9)(E) filed 5-11-99; operative 5-11- 99 pursuant to Government Code section 11343.4(d) (Register 99,No. 20). 21. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-6-2000; operative 1-1- 2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2, California Code of Regulations, section 18312(d) and(e) (Register 2000, No. 49). 22. Amendment of subsections(b)(3) and(b)(10) filed 1-10-2001; operative 2-1-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil CO 10924, California Court of Appeal,Third Appellate District, nonpublished decision,April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 2). 23. Amendment of subsections(b)(7)(A)4., (b)(7)(B)1.-2., (b)(8.2)(E)3., (b)(9)(A)-(C) and footnote 4. filed 2-13-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil CO 10924, California Court of Appeal, Third Appellate District, nonpublished decision,April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7). 24. Amendment of subsections(b)(8.1)-(b)(8.1)(A) filed 1-16-2003; operative 1-1-2003. 11 Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of II Administrative Law, 3 Civil C010924, California Court of Appeal,Third Appellate District, I 111 17 nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 AdministrativeJ Procedure Act rulemaking requirements) (Register 2003,No. 3). 25. Editorial correction of History 24 (Register 2003,No. 12). 26. Editorial correction removing extraneous phrase in subsection(b)(9.5)(B) (Register 2004, No. 33). 27. Amendment of subsections (b)(2)-(3), (b)(3)(C), (b)(6)(C), (b)(8.1)-(b)(8.1)(A), (b)(9)(E)and b)(11)-(12) filed 1-4-2005; operative 1-1-2005 pursuant to Government Code section 11343.4 Register 2005,No. 1). 28. Amendment of subsection(b)(7)(A)4. filed 10-11-2005; operative 11-10-2005 (Register 2005,No. 41). 29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 12-18- 2006; operative 1-1-2007. Submitted to OAL pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil CO10924, California Court of Appeal,Third Appellate District,nonpublished decision,April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2006, No. 51). 30. Amendment of subsections(b)(8.1)-(b)(8.1)(A)and(b)(9)(E) filed 10-31-2008; operative 11- 30-2008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil CO10924, California Court of Appeal,Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2008, No. 44). 31. Amendment of section heading and section filed 11-15-2010; operative 12-15-2010. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of 18 Administrative Law, 3 Civil CO10924,California Court of Appeal, Third Appellate District, nonpublished decision,April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2010, No. 47). 32. Amendment of section heading and subsections (a)-(b)(1), (b)(3)-(4), (b)(5)(C), (b)(8.1)- b)(8.1)(A)and (b)(9)(E) and amendment of footnote 1 filed 1-8-2013; operative 2-7-2013. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil CO 10924, California Court of Appeal,Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2013, No. 2). 33. Amendment of subsections (b)(8.1)-(b)(8.1)(A), (b)(8.2)(E)3. and(b)(9)(E) filed 12-15-2014; operative 1-1-2015 pursuant to section 18312(e)(1)(A), title 2, California Code of Regulations. Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil CO10924, California Court of Appeal,Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2014, No. 51). 34. Redesignation of portions of subsection(b)(8)(A)as new subsections (b)(8)(B)-(D), amendment of subsections (b)(8.1)-(b)(8.1)(A), redesignation of portions of subsection b)(8.1)(A) as new subsections (b)(8.1)(B)-(C) and amendment of subsection(b)(9)(E) filed 12- 1-2016; operative 12-31-2016 pursuant to Cal. Code Regs. tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil CO 10924, California Court of Appeal,Third Appellate District, nonpublished decision, 19 April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemakingJ requirements and not subject to procedural or substantive review by OAL) (Register 2016, No. 49). 35. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and(b)(9)(E) filed 12-12-2018; operative 1- 11-2019 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v. Office ofAdministrative Law, 3 Civil CO10924, California Court of Appeal,Third Appellate District,nonpublished decision,April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2018, No. 50). 36. Amendment of subsections(b)(8.1)-(8.1)(A) filed 12-23-2020; operative 1-1-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil CO10924, California Court of Appeal,Third Appellate District,nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2020, No. 52). 37. Amendment of subsections (b)(3)(C), (b)(5)(C), (b)(5.5), (b)(5.5)(A)(2), (b)(7)(D), (b)(8)(A), b)(8.1)(A), (b)(8.2)(A), (b)(8.2)(C)-(D), (b)(8.3)(A), (b)(9), (b)(9.3), (b)(9.5), (b)(10) and b)(11) and footnote 5 filed 5-12-2021; operative 6-11-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office ofAdministrative Law, 3 Civil CO10924,California Court of Appeal,Third Appellate District, nonpublished decision,April 27, 1992(FPPC regulations only subject to 1974 20 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL)(Register 2021,No. 20). 21 APPENDIX I List of Designated Employee Positions Position Disclosure Categories Accountant 2 Assistant City Attorney 1 Assistant Engineer 1 Assistant City Manager 1 Assistant Planner 2 Associate Engineer 2 Associate Planner 2* Building Official 1 City Clerk 1 Designated Consultants** 1 Deputy Director of Public Works/City Engineer 1 Deputy Director of Public Works 1 Director of Community Development 1 Director of Public Works 1 Fleet Maintenance Program Manager 2 Finance Manager 1 Maintenance Services Supervisor 2 Marine Safety/ Lifeguard Chief 1 Marine Safety/ Lifeguard Lieutenant 1 Planning Manager 1* Police Chief 1 Recreation Manager 2 Senior Planner 2, 4 Senior Account Technician 3 Water Services Supervisor 2 New Positions 1 Historic Preservation Committee 4 Recreation and Parks Commission 1 Police Captain 1 Police Lieutenant 1 Financial Analyst 2, 3, 4 The following positions are required to file Category 1 — Broad Responsibilities pursuant to Government Code Section 87200: City Attorney City Council Members City Manager Director of Finance/ City Treasurer Planning Commissioners Individuals who are either (1) serve in a newly created or (2) provide services as a "consultant" as defined in Regulation 18700.3, that make or participate in the decision making that may foreseeably have a material effect on any financial interest shall disclose pursuant to the broadest discloser in this code subject to the following: The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of duties and a statement of the extent of the disclosure requirements must be in a written public document (see Appendix). Consultants who fit into one or more of the following categories shall be included in the list of designated employees as "Designated Consultants": A. Consultants who make (not just recommend) governmental decisions, such as whether to approve a rate, rule, or regulation, whether to issue, deny, suspend, or revoke any permit, license, application, certificate, or similar authorization, adopt or grant City approval to a plan, design, report, study, or adopt or grant City approval of policies, standards, or guidelines for the City or any subdivision thereof. B. Consultants who serve in a staff capacity with the City, and in that capacity participate in making a governmental decision by providing information, an opinion, or a recommendation for the purpose of affecting the decision without significant intervening substantive review. C. Consultants who perform the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a designated position in the City's Conflict of Interest Code. When the Designated Consultant is a corporation, partnership, or limited liability company, only individuals who fit into one of the three categories of "Designated Consultants" described above must file disclosure statements. For Designated Consultants who serve in a staff capacity with the City (Category B, described above), the consultant shall disclose based on the disclosure categories assigned elsewhere in this code for that staff position. For other Designated Consultants who do not serve in a staff capacity for the City Categories A and C, described above), the following disclosure categories shall be used: Persons required to disclose in this category shall disclose pursuant to Category 1 below unless the City Manager determines in writing that a particular consultant is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in Category 1. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. A clear explanation of duties and a statement of the extent of the disclosure requirements must be in a written public document(see Appendix). Bold Titles added to List of Designated Employee Positions LAPPENDIX 2 Disclosure Categories Category 1 — Broad Responsibilities— Full Disclosure Persons in this category shall disclose all investments, business positions, and income, including loans and gifts, from sources located in or doing business in the jurisdiction. Persons in this category shall also report interests in real property located in the jurisdiction, including property located within a two-mile radius of any property owned or used by the City. Category 2 — Contracting or Purchasing Responsibilities Persons in this category shall disclose investments and business positions in business entities, and sources of income, including loans and gifts, which provide services, supplies, materials, machinery, or equipment of the type utilized by the City. Category 3 — Regulatory Power Persons in this category shall disclose investments and business positions in business entities, and sources of income, including loans and gifts, which are subject to the regulatory, permit, or licensing authority of the City. Category 4— Decision-Making Authority Affecting Real Property Persons in this category shall disclose investments and business positions in business entities, and sources of income, including loans and gifts, which engage in land development, construction, or acquisition or sale of real properly, and all interests in real property located within the jurisdiction, including property located within a two mile radius of any property owned or used by the City. APPENDIX 3 FAIR POLITICAL PRACTICES COMMISSION FORMS 804 AND 805] Agency Report of: New Positions California pO AAPublicDocumentFormo } Agency Name (Also include,Division,Department,or Region(if applicable)) AmendmentL Agency Contact Date of Original Filing: month,day,year) Phone Number Email 2. New Position Information Position Title/Classification Assigned Category OR Disclosure Requirement Assuming/Start Date and Job Summary Optional) Start m /d /yr Start //mid lyr Start //m /d /yr I Start //m /d /yr Start //m/d /yr Start / /m /d%yr Start_//m /d /yr 3. Verification I have read and understand FPPC Regulations 18700.3 and 18734. I have verified that the disclosure assignment(s)set forth above, is in accordance with its provisions. Signature Name Title month,day,year) Comment: (Use this space or an attachment for any additional information.) FPPC Form 804(2/16) Print Clear FPPC Toll-Free Helpline:866/ASK-FPPC(866/275-3772) Agency Report of: California 80 1NewPositionsFormO t A Public Document J State and local government agencies may use this form An agency changed the titles but not the duties and to identify new positions that will make or participate in responsibilities of several positions. This form is not making governmental decisions on behalf of the agency.required. The agency must file an amendment to update An individual in a newly created position must file a the conflict of interest code. Statement of Economic Interests (Form 700)within 30 days of assuming office. Instructions This form identifies the Statement of Economic Interests, Part 1 Form 700, disclosure requirements for individuals serving Identify the agency, contact information, and provide the in new positions. This form is for the agency's internal amendment explanation in the comment section when use and should be maintained by the agency in the same applicable. manner as the agency's conflict of interest code. For more information, refer to the FPPC website www.fppc.ca.gov Part 2 and Regulations 18700.3 and 18734. Identify the new position(s)and describe the position's duties. Identify the disclosure by: Disclosure Requirements Disclosure requirements should conform to the range of Assigning an existing category(s)in the agency's code, or duties. Alternatively, the agency must require an individual Writing a disclosure requirement. to file under the broadest disclosure category in the Complete if the agency knows the employment date. agency's conflict of interest code or, if the agency does not have a conflict of interest code, full disclosure. Part 3 Full disclosure includes reporting all investments, business The agency's conflict of interest code should identify the positions, and interests in real property held on the date position that is responsible for the verification. of assuming office and income received during the 12 months immediately preceding assuming office. Example When a newosition is added, in addition to completing Agency Report of p New PoslUons A Public Document 804 this form, the agency should begin the process to amend 1.Agency Name Mcua w.....M,PM 4..4. D.,.,e.,., the conflict of interest code. COAJowtPowers AathonlyryUnwed 00. " "" .-.. M. Sn+th.Adam Eeecubve Dram I6...xv^eapro 5555555555 edem.mat.Qcjpa.a.gov Examples: 2.New Peettion Information Prsts.ReWcheeatteeee mea Caped OR 0Y0Mm mRe a••••01ralee MO Job NlMmry teMaeq An agency added a new data processing manager Data Processing Manager position. The individual will be assigned the same manages ITDept) 3 4,?-1;.--: disclosure category that the agency's other IT staff are Licensing Proctor Al investments,baseness assigned. Idoy statement attached) 3 positions in Dueness enaties. :''.÷..+ and sources r W income, Director Kgne,Including gifts.ba . g end trawl payments.from An agency implemented a new licensing program and a temente"°""°) 3 en;bes a_lrk.- new managerposition was added. Because this was a L uwng Director tat are of the type subject to g duty statement attached) 3 Seeming by the Department 0, new program, the agency provided a written description we'object to regulation by the of the individual's disclosure requirements which included L caruing Directorduystatementeeached) 3 Department. il— sources subject to the licensing procedures.Licensing Director 3 (Atternetey,attach a Idorystatm art attached) written explanation.) ,„.,, 7.4„,_ An agency reorganized and changed the duties of several positions listed in the conflict of interest code. This form is m not required as positions are not new. The agency should 3.Vedfeatieneuid...eV PIPL Rre"WbmX.r! ove re)N.r A.n+whee4r Me OWue.c.e. pnMmlW bM Ken.^w.4 begin to amend its conflict of interest code if the range of b+ ^•'^° r° authority and types of decisions changed. weer e.....1 Adam Snot Executhotrecta 3.10-xx, FPPC Form 804(2/16) FPPC Toll-Free Helpline:866/ASK-FPPC(866/275-3772) Agency Report of: Consultants California 805APublicDocumentForm 1. Agency Name (Also include,Division,Department,or Region(if applicable)) Amendment Agency Contact Date of Original Filing: 1 month,day,year) Phone Number Email 2. Firm Information Firm Name Firm Address Email(optional) Email(optional) Describe General Purpose of Contract 3. Consultant Information Consultant Name Assigned Category OR Disclosure Requirement Assuming/Start Date 11! Leaving/End Date if known) Start / / m /dd %yr End / / m /dd /yr Start / / m d /yr End / / m /dd /yr Start / / m /d /yr End / / m /dd /yr 4. Verification I have read and understand FPPC Regulations 18700.3 and 18734. I have verified that the disclosure assignment(s)set forth above, isinaccordancewithitsprovisions. Signature Name Title month,day,year) Comment: (Use this space or an attachment for any additional information.) Print Clear FPPC Form 805(2/16) FPPC Toll-Free Helpline:866/ASK-FPPC(866/275-3772) Agency Report of: California Q O G Consultants Form v J A Public Document 1 State and local government agencies may use this form Instructions to identify consultants that will make or participate in An individual must file the Form 700 within 30 days making governmental decisions on behalf of the agency.of assuming office and an annual statement for each A consultant must file a Statement of Economic Interests calendar year of the contract. At the conclusion of Form 700)within 30 days of assuming office. services a leaving office statement is required. This form identifies the Statement of Economic Interests,Part 1 Form 700, disclosure requirements for individuals serving in these positions. This form is for the agency's internal Identify the agency, contact information, and provide the use and should be maintained by the agency in the same amendment explanation in the comment section when manner as the agency's conflict of interest code. For more applicable. information, refer to the FPPC website www.fppc.ca.gov and Regulation 18700.3 and 18734.Part 2 Identify the consultant's firm name and address. Briefly Disclosure Requirements describe the general purpose of the contract. Disclosure requirements should conform to the range of duties.Part 3 Alternatively,the agency must require an individual Identify the name of those individuals that qualify as to file under the broadest disclosure category in the consultants and will file the Form 700. Identify the agency's conflict of interest code or, if the agency does disclosure by: not have a conflict of interest code,full disclosure.Assigning an existing category(s)in the agency's code, or Full disclosure includes reporting all investments, business Writinga disclosure requirement.positions, and interests in real property held on the date J of assuming office and income received during the 12 Provide the start and end dates of service if known. months immediately preceding assuming office. Part 4 Examples: The Agency's conflict of interest code should identify the An agency hired a law firm to act as its general counsel. position that is responsible for the verification. An individual will make recommendations to the agency's Example of Part 2& 3 board and provide general legal services. The individual qualifies as a consultant and based on the indefinable 2.Fan Information flan NYne duties will be assigned the broadest or full disclosure ABCCgp,pa„r teP«eq E weta Ml One.Address the agency's conflict of interest code. 101E Capital SI..Sacramento.CA 95814 abccoCormpamy.com Deanne General Purpose a Conner Prepare an EIR en Dawn expana.on. Not all outside contractors meet the consultant definition 3.Consultant Information in FPPC Regulation 18700.3 requiring of the Form Consultant Nems Assigned Category OR DleGoeuro Requirement µte eenoaww 700. When an agency determines that an individual is a en Man) consultant with limited duties,tailored disclosure should HectorRodrigucz 3I ImmFr'r`1 be used. 9iyf An agency hired a firm to prepare an environmental impact report("E1R') on airport expansion. The individual at the firm who will prepare the E1R should be assigned a disclosure requirement that reflects the contract's scope of authority. An example might include real property, investments and business positions in business entities, and income from only those sources engaging in air traffic or aviation goods or services. Note: The agency can assign an existing disclosure category, if applicable.FPPC Form 805(2/16) FPPC Toll-Free Helpline:866/ASK-FPPC(8661275-3772) Agenda Item F AGENDA STAFF REPORT DATE:July 28, 2025 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, City Manager FROM:Alexa Smittle, Community Development Director SUBJECT:Establishing the Regular Meeting Time of the Environmental Quality Control Board ________________________________________________________________ SUMMARY OF REQUEST: That the City Council approve Resolution 7672 establishing the third Wednesday of the month at 7:00 p.m. as the regular meeting time for the Environmental Quality Control Board. BACKGROUND AND ANALYSIS: Currently, the Environmental Quality Control Board’s (EQCB) regularly scheduled meeting is on the third Wednesday of the month at 6:15 p.m. Members of the EQCB have raised concerns regarding punctuality and have expressed a preference for aligning meeting start times with those of both the Planning Commission and the City Council. Pursuant to Municipal Code Section 3.10.005, the EQCB may approve a resolution setting the day and time for its regular meetings, which the City Council then may approve or reject. At the July 9, 2025 meeting, the EQCB voted unanimously to establish a new regular meeting time of 7:00 p.m. on the third Wednesday of the month. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: This item has been reviewed as to form. FINANCIAL IMPACT: There is no financial impact for this item. Page 2 2 1 0 3 STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council approve Resolution 7672 establishing the third Wednesday of the month at 7:00 p.m. as the regular meeting time for the Environmental Quality Control Board. SUBMITTED BY: NOTED AND APPROVED: Alexa Smittle Patrick Gallegos Alexa Smittle, Community Development Director Patrick Gallegos, City Manager Prepared by: Megan Coats, Management Analyst ATTACHMENTS: A. Resolution 7672 B. Resolution 25-01 RESOLUTION 7672 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A REGULAR MEETING TIME FOR THE SEAL BEACH ENVIRONMENTAL QUALITY CONTROL BOARD WHEREAS, Municipal Code Section 3.10.005 Environmental Quality Control Board states that board meetings shall be held once per month on a day and at a time fixed by board resolution and confirmed by the City Council; and, WHEREAS, the Environmental Quality Control Board (Board) meetings are currently held on the third Wednesday of the month at 6:15 p.m.; and, WHEREAS, the Board would like to align meeting start times with the City Council; and, WHEREAS, the Board approved EQCB Resolution 25-01 on July 9, 2025, establishing a new regular meeting time of the third Wednesday of the month at 7:00 p.m. NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine and order as follows: Section 1. The City Council hereby approves the new regular meeting time of 7:00 p.m. on the third Wednesday of the month for the Environmental Quality Control Board. Section 2. The Council hereby directs the City Manager or their designee to take all necessary steps to implement the new regular meeting time. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of July 2025 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Lisa Landau, Mayor 1 0 3 0 5 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 7672 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of July 2025. Gloria D. Harper, City Clerk Agenda Item G AGENDA STAFF REPORT DATE:July 28, 2025 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Approving and Authorizing Amendment 2 to the Professional Services Agreement with Yunex, LLC for Traffic Signal Maintenance Services ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7673: 1. Approving Amendment 2 to the Professional Services Agreement with Yunex, LLC dated March 13, 2019, as previously amended by Amendment 1 dated May 13, 2024, to extend the term of the Agreement for a fourth extension through June 30, 2026 (Fiscal Year 2025-2026); and, 2. Authorizing compensation of $80,000 for such additional services during Fiscal Year 2025-2026; and, 3. Authorizing an increase in compensation for the third extension (Fiscal Year 2024-25) by $10,000 and the total compensation of $75,000 through June 30, 2025, for a revised total not-to-exceed contract amount of $550,000 for the extended term through June 30, 2026; and, 4. Authorizing and directing the City Manager to execute Amendment 2 on behalf of the City. BACKGROUND AND ANALYSIS: The City of Seal Beach owns and maintains twenty-three (23) traffic signals and five (5) flashing beacons. This does not include the eight (8) Caltrans-owned signals along Pacific Coast Highway and the I-405 ramps. Maintenance associated with these traffic signals includes a broad range of services, such as routine inspection of traffic signal and operations equipment, emergency and non-emergency repairs, new equipment and software upgrades. On May 13, 2019, City Council approved Resolution 6915, awarding a Professional Service Agreement to Yunex, LLC (previously Siemens Mobility, Inc.) for Traffic Page 2 2 0 9 7 Signal Maintenance Services for an annual amount of $75,000, and the total not- to-exceed amount of $225,000 for a three-year term. The agreement also included two (2) optional one-year extensions with a not-to-exceed amount of $75,000 for each additional year. After the agreement was approved in 2019, the City exercised the allowable two (2) optional one-year extensions, thereby extending the term to May 13, 2024. In addition, on May 13, 2024, the City Council adopted Resolution 7515 approving Amendment 1 (third extension) of the agreement which extended the term through June 30, 2025, authorized $65,000 as compensation for the third extension, and increased the total not-to-exceed contract amount to $460,000 for the extended term through June 30, 2025. Staff recommends approval of a second amendment (fourth extension) to the existing agreement for an additional one-year term to cover Fiscal Year (FY) 2025-2026. The City relies heavily on this consultant for traffic signal services, as there is not in-house capacity to perform this specialized work. Given the ongoing need for these services and the consultant’s proven track record of fair pricing and high-quality work, issuing a new Request for Proposals (RFP) is not recommended at this time. Continuation with the current consultant ensures service continuity and operational efficiency. During the FY 2024–2025 budget process, the project budget was reduced to $65,000 for the third extension. However, due to unforeseen work, costs are now estimated at $75,000 through June 30, 2025. Staff recommends approval of Amendment 2 to extend the agreement through June 30, 2026 (fourth extension), to authorize compensation of $80,000 for FY 2025–2026, and to increase FY 2024–2025 compensation by $10,000 for a total of $75,000 for the third extension. The revised total not-to-exceed contract amount is $550,000. ENVIRONMENTAL IMPACT: This Agreement complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301, Class 1. LEGAL ANALYSIS: The City Attorney has approved the agreement and resolution as to form. FINANCIAL IMPACT: The contract has two components – (1) Routine Maintenance, and (2) Extraordinary Maintenance. Routine Maintenance generally comprises regular inspection and adjustments of the traffic signal system. Extraordinary Maintenance generally includes emergency/non-emergency traffic signal repairs. For the third extension, covering FY 2024-2025, the Extraordinary Maintenance cost exceeded the original budget. Staff is requesting approval of an additional $10,000, bringing the total not-to-exceed annual amount to $75,000 for Page 3 2 0 9 7 FY 2024-2025. For the fourth extension, covering Fiscal Year 2025-26, Routine Maintenance is estimated to be $26,513. As the number of Extraordinary Maintenance repairs is generally unpredictable, staff recommends allocating $53,487 for the fourth extension, for a total not-to-exceed annual amount of $80,000. The requested increase in compensation will bring the not-to-exceed total contract amount to $550,000. The Traffic Signal Maintenance Services contract is budgeted in the Fiscal Year 2025-26 General Fund Street Maintenance Account. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7673: 1. Approving Amendment 2 to the Professional Services Agreement with Yunex, LLC dated March 13, 2019, as previously amended by Amendment 1 dated May 13, 2024, to extend the term of the Agreement for a fourth extension through June 30, 2026 (Fiscal Year 2025-2026); and, 2. Authorizing compensation of $80,000 for such additional services during Fiscal Year 2025-2026; and, 3. Authorizing an increase in compensation for the third extension (Fiscal Year 2024-25) by $10,000 and the total compensation of $75,000 through June 30, 2025, for a revised total not-to-exceed contract amount of $550,000 for the extended term through June 30, 2026; and, 4. Authorizing and directing the City Manager to execute Amendment 2 on behalf of the City. SUBMITTED BY: NOTED AND APPROVED: Iris Lee Patrick Gallegos Iris Lee, Director of Public Works Patrick Gallegos, City Manager Prepared by: Kathryne Cho, Deputy Director of Public Works/City Engineer Page 4 2 0 9 7 ATTACHMENTS: A. Resolution 7673 B. Amendment 2 to PSA with Yunex, LLC C. Amendment 1 to PSA with Yunex, LLC D. Agreement with Yunex, LLC (previously Siemens Mobility Inc.) RESOLUTION 7673 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH YUNEX, LLC FOR TRAFFIC SIGNAL MAINTENANCE SERVICES WHEREAS, on May 13, 2019, the City Council adopted Resolution 6915 approving a three (3) year Professional Services Agreement (Agreement) with Yunex, LLC (previously known as Siemens Mobility, Inc.) to provide traffic signal maintenance services for an annual amount of $75,000, or $225,000 for the three-year term, and authorizing the City Manager to extend the Agreement for up to two additional one-year extensions; and, WHEREAS, after approval of the Agreement, the City previously exercised the Agreement’s two (2) allowable one-year extensions and thereby extended the term to May 13, 2024; and, WHEREAS, the City Council also adopted Resolution 7515 amending the Agreement with Yunex, LLC to extend the term through June 30, 2025, and increasing Yunex’s total not-to-exceed contract amount to $460,000; and, WHEREAS, the City desires to amend the Agreement with Yunex, LLC to approve a fourth extension of the contract term extending through June 30, 2026 (Fiscal Year 2025- 26), to authorize compensation of $80,000 for the fourth extension, and to increase the compensation by $10,000 for the third extension (FY 2024-25) for a total of $75,000 through June 30, 2025, and a revised total not-to-exceed contract amount of $550,000 for the extended term through June 30, 2026. NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine and order as follows: Section 1. The City Council hereby approves Amendment 2 to the Professional Services Agreement dated May 13, 2019, as previously amended by Amendment 1 dated May 13, 2024, (a) extending the term of the Agreement for a fourth extension through June 30, 2026 (Fiscal Year 2025-26), (b) approving compensation of $80,000 for the services to be provided in the fourth extension (Fiscal Year 2025-26), and (c) increasing the compensation by $10,000 for the third extension (Fiscal Year 2024- 25) for the total compensation of $75,000 through June 30, 2025, and a revised total not-to-exceed contract amount of $550,000, for the extended term through June 30, 2026. Section 2. The City Council hereby authorizes and directs the City Manager to execute Amendment 2. 1 0 2 8 5 PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of July 2025 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Lisa Landau, 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 7673 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of July 2025. Gloria D. Harper, City Clerk AMENDMENT 2 TO PROFESSIONAL SERVICES AGREEMENT for Traffic Signal Maintenance Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 & Yunex, LLC 2250 Business Way Riverside, California 92501 (951) 784-6600 This Amendment 2, dated July 28, 2025, amends that certain Professional Services Agreement (“Agreement’) dated May 13, 2019, as previously amended by Amendment 1 dated May 13, 2024, by and between the City of Seal Beach (“City”), a California charter city, and Yunex, LLC (“Contractor”), a limited liability company (collectively, “the Parties”). Page 2 of 5 S7296-0001\3131361v2.doc RECITALS A. City and Contractor are parties to the Agreement, pursuant to which City retained Contractor to provide certain professional traffic signal maintenance services. B. Effective May 13, 2019, City and Contractor entered into an Agreement for Contractor to provide traffic signal maintenance services with Original Term ending May 13, 2021, with two optional one-year extensions at the discretion of City. C. The Agreement was extended by extension letter pursuant to City’s election for an additional one-year (“first extension”) to May 13, 2022; and the Agreement was also extended pursuant to City’s election for a second extension to May 13, 2024. D. Effective May 13, 2024, City adopted Resolution 7515 to further extend the contract term to and including June 30, 2025 (third extension), and to increase Contractor’s compensation to $75,000 for the third extension, for a revised total not-to-exceed amount of $460,000. E. City and Contractor desire to amend the Agreement by this Amendment 2 to extend the contract term for a fourth extension to and including June 30, 2026 (Fiscal Year 2025-26), to authorize compensation of $80,000 for the services to be provided during the fourth extension, and to increase Contractor’s FY 2024-25 compensation by $10,000 to $75,000, for a revised total not-to-exceed amount of $550,000, as provided herein. NOW THEREFORE, in consideration of the Parties’ performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AMENDMENT 2 Section 1. Subsection 1.1 of Section 1.0 (Scope of Services) of this Agreement is hereby amended in its entirety to read as follows: “1.1. For the Original Term and the First and Second extensions (as defined in Section 2.0), Contractor shall provide those services (“Services”) set forth in the attached Exhibit A, which is incorporated herein by this reference. 1.1.1 For the Third Extension (as defined in Subsection 2.1.2), Contractor shall provide those services (“Services”), set forth in Exhibit A, as modified by Exhibit A-1 which are incorporated herein by this reference. 1.1.2. For the Fourth Extension (as defined in Subsection 2.1.3), Contractor shall provide those services (“Services”), set forth in Exhibit A, as modified by Exhibit A-1 and Exhibit A-2, which are incorporated herein by this reference. Page 3 of 5 S7296-0001\3131361v2.doc 1.1.3. To the extent that there is any conflict between this Agreement, on the one hand, and Exhibit A, Exhibit A-1, and Exhibit A-2, on the other hand, this Agreement shall control.” Section 2. Section 2.0 (Term) of this Agreement is hereby amended in its entirety to read as follows: “2.0 Term 2.1. Original Term. This Agreement originally commenced as of the Effective Date and continued for a term of three (3) years through and including midnight on May 13, 2022 (“Original Term”). 2.1.1 First Extension and Second Extension. This Agreement was extended for one additional one-year term from May 13, 2022 via extension letter to and including at midnight on May 13, 2023 (“First Extension”); and was thereafter extended for one additional one-year term by extension letter from May 13, 2023 to and including at midnight on May 13, 2024 (“Second Extension”). 2.1.2 Third Extension. This Agreement was extended from May 13, 2024 through and including June 30, 2025 (“Third Extension”).” 2.1.3 Fourth Extension. This Agreement is hereby extended from June 30, 2025 through and including June 30, 2026 (“Fourth Extension”), unless sooner terminated or extended as provided by this Agreement.” Section 3. Section 3.0 (Contractor’s Compensation) of the Agreement is hereby amended in its entirety to read as follows: “3.0 Contractor’s Compensation 3.1. City will pay Contractor in accordance with the following provisions, but in no event will City pay more than the total amount of Five Hundred Fifty Thousand Dollars and no/100 ($550,000), as follows: 3.1.1 Original Term. City will pay Contractor in accordance with the rates shown on the fee schedule set for in Exhibit A for Services but in no event will the City pay more than Two Hundred Twenty-Five Thousand Dollars ($225,000.00) for the Original Term of the Agreement; and in no event shall the City pay more than Seventy-Five Thousand Dollars ($75,000) for each year of the Original Term. 3.1.2 First Extension and Second Extension. For the First Extension (as defined by Section 2.1.1, above) City will pay Contractor in accordance with the hourly rates as shown on the fee schedule set for in Exhibit A, but in no event will the City pay more than Seventy-Five Thousand Dollars ($75,000) for the First Extension of the Agreement. For the Second Extension Page 4 of 5 S7296-0001\3131361v2.doc (as defined by Section 2.1.1, above) City will pay Contractor in accordance with the hourly rates as shown on the fee schedule set for in Exhibit A, but in no event will the City pay more than Ninety-Five Thousand Dollars ($95,000) for the Second Extension of this Agreement. 3.1.3. Third Extension. For the Third Extension (as defined by Section 2.1.2, above) City will pay Contractor in accordance with the hourly rates as shown on the fee schedule set for in Exhibit A-1, but in no event will the City pay more than Seventy-Five Thousand Dollars ($75,000) for the Third Extension of this Agreement.” 3.1.4. Fourth Extension. For the Fourth Extension (as defined by Section 2.1.3, above) City will pay Contractor in accordance with the hourly rates as shown on the fee schedule set for in Exhibit A-2, but in no event will the City pay more than Eighty Thousand Dollars ($80,000) for the Fourth Extension of this Agreement.” Section 4. All references to the term “Agreement” throughout Sections 1.0 through 29.0, inclusive, of the Agreement are hereby modified to include the Agreement dated May 13, 2019, Extension Letter 1 dated February 22, 2022, Extension Letter 2 dated March 13, 2023, Amendment 1 dated May 13, 2024, and this Amendment 2 dated July 28, 2025, as if all terms are fully set forth therein. Section 5. Except as expressly modified or supplemented by this Amendment 2, all other provisions of the Agreement shall remain unaltered and in full force and effect. In the event of a conflict between the provisions of this Amendment 2 and the provisions of the Agreement, the provisions of this Amendment 2 shall control. Section 6. This Amendment 2 shall be effective as of July 1, 2025. Section 7. The persons executing this Amendment 2 on behalf of Contractor each warrant that he or she is each duly authorized to execute this Amendment 2 on behalf of said Party and that by his or her execution, Contractor is formally bound to the provisions of this Amendment 2. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Amendment 2 as of the date and year first above written. Page 5 of 5 S7296-0001\3131361v2.doc CITY OF SEAL BEACH By:____________________________ Patrick Gallegos, City Manager Attest: By:____________________________ Gloria D. Harper, City Clerk Approved as to Form: By:____________________________ Nicholas Ghirelli, City Attorney CONTRACTOR: Yunex, LLC, a limited liability corporation By: __________________________ Name: Its: By: __________________________ Name: Its: (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.) Digitally signed by Josh DN: C=US, E=joshua.ferras@yunextraffic.com, O=Yunex LLC, OU=Customer Service, CN=Josh Date: 2025.07.07 09:55:47-07'00' Page 1 of 1 Yunex LLC 1026 E. Lacy Ave Anaheim, CA 92805 714.284.0206 714.284.1150 Fax https://yunextraffic.com June 6, 2025 Iris Lee Deputy Public Works Director/ City Engineer Public Works Department City of Seal Beach 211 8th St. Seal Beach, CA 90740 Subject: FY2025/2026 Contract Extension Dear Ms. Lee, This letter shall serve as our official request for a contract extension with a rate increase of 3% pursuant to the Consumer Price Index for the Los Angeles/Long Beach/Anaheim area. A copy of the report is attached for reference. With this increase, Yunex LLC will continue providing traffic signal maintenance services as per the terms and conditions of the existing agreement (“Professional Services Agreement for Traffic Signal Maintenance Services by and between the City of Seal Beach and Siemens Mobility, Inc.” Dated May 13th, 2019) between Yunex LLC, and the City of Seal Beach for an additional year (July 1st 2025, June 30th 2026). We feel we have completed another successful and mutually beneficial year with the City of Seal Beach. We thank you for your business and we are looking forward to continuing servicing all your maintenance needs. Please feel free to contact me if you have any questions or concerns. Sincerely, YUNEX LLC Joshua Ferras City of Seal Beach Joshua Ferras By: Regional Manager Title: Western Information Office Bureau of Labor Statistics Geographic Information Western News Release News Release Information 25-824-SAN Tuesday, May 13, 2025 Contacts Technical information: (415) 625-2270 BLSinfoSF@bls.gov www.bls.gov/regions/west Media contact: (415) 625-2270 Related Links CPI historical databases Consumer Price Index, Los Angeles area — April 2025 Area prices were up 0.6 percent over the past month, up 3.0 percent from a year ago The Consumer Price Index for All Urban Consumers (CPI-U) for Los Angeles-Long Beach Anaheim advanced 0.6 percent in April, the U.S. Bureau of Labor Statistics reported today. Regional Commissioner Chris Rosenlund noted that the all items less food and energy index increased 0.5 percent. The food index advanced 0.6 percent, and the energy index rose 1.6 percent. (Data in this report are not seasonally adjusted. Accordingly, month-to-month changes may reflect seasonal influences.) The Los Angeles area all items CPI-U rose 3.0 percent for the 12 months ending in April. The index for all items less food and energy advanced 3.3 percent over the year. The food index rose 3.8 percent, while the energy index declined 3.0 percent. View Chart Data Food The food index increased 0.6 percent in April. The food at home index (grocery store purchases) declined 0.3 percent, led by lower prices for meats, poultry, fish and eggs (-2.7 percent). The food away from home index (restaurant, cafeteria, and vending purchases) advanced 1.5 percent for the same period. The food index rose 3.8 percent over the year. The food at home index increased 2.4 percent, with higher prices in 5 of the 6 grocery categories. The food away from home index advanced 5.3 percent. Energy U.S. BUREAU OF LABOR STATISTICS Search Western Region Go Western Home Western Geography Western Subjects Western Archives Contact Western The energy index increased 1.6 percent over the month. Gasoline prices increased 3.2 percent. The energy index declined 3.0 percent over the year. Gasoline prices decreased 9.2 percent. All items less food and energy The index for all items less food and energy rose 0.5 percent in April. Among the index’s components, prices were higher for medical care (+1.2 percent) and shelter (+0.5 percent). In contrast, prices were lower for apparel (-1.4 percent). The index for all items less food and energy advanced 3.3 percent over the year, reflecting higher prices for medical care (+5.9 percent) and shelter (+4.1 percent). In contrast, prices were lower for household furnishings and operations (-2.3 percent) and new and used motor vehicles (-1.1 percent). Table A. Los Angeles-Long Beach-Anaheim, CA, CPI-U 1-month and 12-month percent changes, all items index, not seasonally adjusted Month 2021 2022 2023 2024 2025 1-month 12-month 1-month 12-month 1-month 12-month 1-month 12-month 1-month 12-month January 0.2 0.9 1.1 7.5 1.9 5.8 1.0 2.5 0.9 3.3 February 0.4 1.0 0.3 7.4 -0.3 5.1 0.5 3.4 0.3 3.1 March 0.5 2.2 1.5 8.5 0.1 3.7 0.7 4.0 0.7 3.0 April 1.1 3.6 0.5 7.9 0.7 3.8 0.6 3.9 0.6 3.0 May 0.6 3.9 0.8 8.0 0.1 3.2 0.1 3.9 June 0.6 4.0 1.1 8.6 0.5 2.5 -0.2 3.2 July 0.6 3.9 -0.2 7.7 0.0 2.7 0.2 3.4 August 0.2 4.0 0.1 7.6 0.7 3.3 0.1 2.9 September 0.3 4.6 0.5 7.8 0.3 3.2 0.2 2.8 October 0.9 5.4 0.6 7.5 -0.1 2.4 0.0 3.0 November 0.6 6.0 -0.8 6.0 -0.4 2.8 -0.2 3.2 December 0.4 6.6 -0.6 4.9 0.0 3.5 0.2 3.4 The May 2025 Consumer Price Index for the Los Angeles area is scheduled to be released on June 11, 2025. Publication updates and changes In accordance with annual practice, relative importance weights have been updated and are available online in the CPI Supplemental Table of Contents. Effective with the January 2025 data release, several indexes and average price series were discontinued. More information is available on the CPI discontinued series page. Direct any inquiries to the CPI office using one of the CPI contact information options listed online. Technical Note The Consumer Price Index (CPI) is a measure of the average change in prices over time in a fixed market basket of goods and services. The Consumer Price Index for Los Angeles is published monthly. The set of components and sub-aggregates published for regional and metropolitan indexes is more limited than at the U.S. city average level; these indexes are byproducts of the national CPI program. Each local index has a much smaller sample size than the national or regional indexes and is, therefore, subject to substantially more sampling and other measurement error. As a result, local-area indexes are more volatile than the national or regional indexes. In addition, local indexes are not adjusted for seasonal influences. NOTE: Area indexes do not measure differences in the level of prices between cities; they only measure the average change in prices for each area since the base period. A full all-items data series history for the original index value and for 1-month, 2-month, 3-month, 6-month, and 12-month percent changes can be accessed via BLS data query tools. A direct link to the all-items series is provided in Table 1 of this release under historical data. The Los Angeles-Long Beach-Anaheim, CA Core Based Statistical Area includes Los Angeles and Orange Counties in California. Refer to the national CPI news release technical note or the Handbook of Methods for more information. Information in this release will be made available to individuals with sensory impairments upon request. Voice phone: (202) 691-5200; Telecommunications Relay Service: 7-1-1. Table 1. Los Angeles-Long Beach-Anaheim, CA, CPI-U by expenditure category for April 2025, not seasonally adjusted (1982-84=100 unless otherwise noted) Expenditure category Indexes Percent change from: Historical data Feb. 2025 Mar. 2025 Apr. 2025 Apr. 2024 Feb. 2025 Mar. 2025 All items 338.438 340.648 342.565 3.0 1.2 0.6 All items (1967=100)999.896 1,006.426 1,012.090 --- Footnotes (1) Indexes on a December 1977=100 base. (2) Indexes on a December 1982=100 base. (3) Indexes on a December 1997=100 base. (4) Special index based on a substantially smaller sample. (5) Indexes on a December 1993=100 base. - Data not available. NOTE: Index applies to a month as a whole, not to any specific date. City of Seal Beach Traffic Signal Maintenance Services Project Cost Schedule I. Routine Maintenance Item Description Unit Quantity Unit Price Total Price Annual Total Monthly Traffic Signal Maintenance EA 22 $87.55 $1,926.10 $23,113.20 Monthly Flash Beacon Maintenance EA 5 $56.65 $286.25 $3,399.00 Total $26,512.20 II. Direct Labor Rates Item Description Unit Regular Time Overtime Premium Time Operations Superintendent HR $72.10 $72.10 $72.10 Foreman HR $133.90 $164.80 $190.55 Traffic Signal Technician HR $128.75 $154.50 $180.25 Streetlight Technician HR $118.45 $139.05 $159.65 Utility Technician HR $128.75 $154.50 $180.25 Groundsman HR $118.45 $154.50 $154.50 Lab Technician HR $133.90 $133.90 $133.90 Engineering/Systems Technician HR $133.90 $164.80 $190.55 Regular time hours are Monday -Friday 7:30AM-4:30PM (excluding Holidays) Overtime hours are Monday to Friday 4:30PM- 07:30AM, Weekends and Holidays III. Equipment Rates Item Description Unit Rate Service Truck HR $30.90 Bucket Truck HR $36.05 Crane Truck HR $66.95 Towable Air Compressor HR $5.15 Towable Arrow Board HR $5.15 IV. Extraordinary Maintenance Item Description Unit Unit Price Underground Services Alert (USA) Locate/Markout Services HR $154.50 Install 6' Dia Circular Type E Loop (1-4 loops) EA $540.75 Install 6' Dia Circular Type E Loop (5 or More loops) EA $494.40 Cabinet Testing EA $1,236.00 V. Material Item Description Unit Unit Price Material Mark-up will be Invoice Cost Plus 15% AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT for Traffic Signal Maintenance Services between OF SEA/ BN JpPOggjFo' ,11 i* OUNTy,.••- City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Yunex, LLC 2250 Business Way Riverside, California 92501 951) 784-6600 This Amendment No. 1 , dated May 13, 2024, amends that certain Professional Services Agreement ("Agreement') dated May 13, 2019, by and between the City of Seal Beach City"), a California charter city, and Yunex, LLC ("Contractor"), a limited liability company collectively, "the Parties"). RECITALS A. City and Contractor are parties to the Agreement, pursuant to which City retained Contractor to provide certain professional traffic signal maintenance services. B. Effective May 13, 2019, City and Contractor entered into an Agreement for Contractor to provide traffic signal maintenance services with Original Term ending May 13, 2021, with two optional one-year extensions at the discretion of City. C. The Agreement was extended by extension letter pursuant to City's election for an additional one-year ("first extension") to May 13, 2023; and the Agreement was also extended pursuant to City's election for a second extension to May 13, 2024. D. City and Contractor desire to amend the Agreement by this Amendment No. 1 to extend the contract term to and including June 30, 2025, as provided herein, and to increase Contractor's compensation, for a revised total not-to-exceed amount of 460,000, as provided herein. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AMENDMENT NO. 1 Section 1 . Subsection 1.1 of Section 1.0 (Scope of Services) of this Agreement is hereby amended in its entirety to read as follows: 1 .1. For the Original Term and the First and Second extensions (as defined in Section 2.0), Contractor shall provide those services ("Services") set forth in the attached Exhibit A, which is incorporated herein by this reference. 1 .1.1 For the Third Extension (as defined in Subsection 2.1.2), Contractor shall provide those services ("Services"), set forth in Exhibit A, as modified by Exhibit A-1 which is incorporated herein by this reference. 1.1.2. To the extent that there is any conflict between this Agreement, on the one hand, and Exhibit A or Exhibit A-1, on the other hand, this Agreement shall control." Section 2. Section 2.0 (Term) of this Agreement is hereby amended in its entirety to read as follows: 2.0 Term 2.1. Original Term. This Agreement originally commenced as of the Effective Date and continued for a term of three (3) years through and including midnight on May 13, 2022 ("Original Term"). Page 2 of 5 S7296-0001\2958637v2.doc 2.1.1 First Extension and Second Extension. This Agreement was extended for one additional one-year term from May 13, 2022 via extension letter to and including at midnight on May 13, 2023 ("First Extension"); and was thereafter extended for one additional one-year term by extension letter from May 13, 2023 to and including at midnight on May 13, 2024 ("Second Extension"). 2.1.2 Third Extension. This Agreement is hereby extended from May 13, 2024 through and including June 30, 2025 ("Third Extension"), unless sooner terminated or extended as provided by this Agreement." Section 3. Section 3.0 (Contractor's Compensation) of the Agreement is hereby amended in its entirety to read as follows: 3.0 Contractor's Compensation 3.1. City will pay Contractor in accordance with the following provisions, but in no event will City pay more than the total amount of Four Hundred Sixty-Thousand Dollars and no/100 ($460,000), as follows: 3.1.1 Original Term. City will pay Contractor in accordance with the rates shown on the fee schedule set for in Exhibit A for Services but in no event will the City pay more than Two Hundred Twenty-Five Thousand Dollars 225,000.00)for the Original Term of the Agreement; and in no event shall the City pay more than Seventy-Five Thousand Dollars ($75,000) for each year of the Original Term, unless otherwise approved by City. 3.1.2 First Extension and Second Extension. For the First Extension (as defined by Section 2.1.1, above) City will pay Contractor in accordance with the hourly rates as shown on the fee schedule set for in Exhibit A, but in no event will the City pay more than Seventy-Five Thousand Dollars 75,000) for the First Extension of the Agreement. For the Second Extension as defined by Section 2.1.1, above) City will pay Contractor in accordance with the hourly rates as shown on the fee schedule set for in Exhibit A, but in no event will the City pay more than Ninety-Five Thousand Dollars ($95,000) for the Second Extension of this Agreement. 3.1.3. Third Extension. For the Third Extension (as defined by Section 2.1.2, above) City will pay Contractor in accordance with the hourly rates as shown on the fee schedule set for in Exhibit A-1, but in no event will the City pay more than Sixty-Five Thousand Dollars ($65,000) for the Third Extension of this Agreement." Section 4. Section 28.0 is hereby added to the Agreement to read as follows: 28.0 Government Code Claim Compliance Page 3 of 5 S7296-0001\2958637v2.doc 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, Contractor 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 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 Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a lawsuit against City." Section 5. Section 29.0 is hereby added to the Agreement to read as follows: 29.0 Non-Appropriation of Funds Payments to be made to Contractor 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 Contractor's Services beyond the current fiscal year, this Agreement shall cover payment for Contractor'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." Section 6. All references to the term "Agreement" throughout Sections 1.0 through 29.0, inclusive, of the Agreement are hereby modified to include the Agreement dated May 13, 2019, Extension Letter No. 1 dated February 22, 2022, Extension Letter No. 2 dated March 13, 2023, and this Amendment No. 1 dated May 13, 2024, as if all terms are fully set forth therein. Section 7. Except as expressly modified or supplemented by this Amendment No. 1, all other provisions of the Agreement shall remain unaltered and in full force and effect. In the event of a conflict between the provisions of this Amendment No. 1 and the provisions of the Agreement, the provisions of this Amendment No. 1 shall control. Section 8. This Amendment No. 1 shall be effective on May 13, 2024. Section 9. The persons executing this Amendment No. 1 on behalf of Contractor each warrant that he or she is each duly authorized to execute this Amendment No. 1 on behalf of said Party and that by his or her execution, Contractor is formally bound to the provisions of this Amendment No. 1. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Amendment No. 1 as of the date and year first above written. Page 4 of 5 S 7296-00011295 8637 v 2.d o c CITY • SAL 'H CONTRACTOR: Yunex, LLC, a limited T' liability corporation 014^s grretl by Varga SashaBY050 =Vargas$ashy ID04amer. Ingram, City Man r By: varas„,°a.da cc°m off»2104 00 0]00.00 41-00115 Name: Sasha Vargas Attest: Its: Commercial Service Manager itik 4. e, 4174t , •By: p 4 0,saw n, By: Name: Joshua Ferras Gloria D.' ar:""rity Clerk Its: Protect Manager Approved Please note, two signatures required for PP as orm: corporations under Corp. Code§ 313, unless corporate documents authorize only one person to sign this Agreement on behalf of the By: corporation.) Nicholas Ghirelli, City Attorney Page 5 of 5 S7296-0001\2958637v2.doc Y I I \ I EXHIBIT A-1 TRAFFIC City of Seal Beach Traffic Signal Maintenance Services Project Cost Schedule I. Routine Maintenance Item Description Unit Quantity Unit Price Total Price Annual Total Monthly Traffic Signal Maintenance EA 22 85.00 1,870.00 $22,440.00 Monthly Flash Beacon Maintenance EA 5 55.00 275.00 $3,300.00 Total $25,740.00 II. Direct Labor Rates Item Description Unit Regular Time Overtime Premium Time Operations Superintendent HR 70.00 70.00 70.00 Foreman HR $130.00 160.00 185.00 Traffic Signal Technician HR $125.00 150.00 175.00 Streetlight Technician HR $115.00 135.00 155.00 Utility Technician HR $125.00 150.00 175.00 Groundsman HR $115.00 150.00 150.00 Lab Technician HR $130.00 130.00 $130.00 Engineering/Systems Technician HR $130.00 160.00 185.00 Regular time hours are Monday-Friday 7:30AM-4:30PM (excluding Holidays) Overtime hours are Monday to Friday 4:30PM-07:30AM,Weekends and Holidays Ill. Equipment Rates Item Description Unit Rate Service Truck HR 30.00 Bucket Truck HR 35.00 Crane Truck HR 65.00 Towable Air Compressor HR 5.00 Towable Arrow Board HR 5.00 IV. Extraordinary Maintenance Item Description Unit Unit Price Underground Services Alert(USA)Locate/Markout Services HR $150.00 Install 6'Dia Circular Type E Loop(1-4 loops) EA $525.00 Install 6'Dia Circular Type E Loop(5 or More loops) EA $480.00 Cabinet Testing EA $1,200.00 V. Material Item Description Unit Unit Price Material Mark-up will be Invoice Cost Plus 15% l ® DATE(MM/DD/YYYY) A 0 CERTIFICATE OF LIABILITY INSURANCE 10/02/2023 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MARSH USA,LLC. PHON: 9830 Colonnade Blvd,Suite 410 A//C No,Extl: FAX No): San Antonio,TX 78230 E-MAIL Austinsanantonio.Certrequest@marsh.comADDRESS: INSURER(S)AFFORDING COVERAGE NAIC 1i CN467144012-STND-GAWUE-23- GAWP _ INSURER A:HDI Global Insurance Company 41343 INSURED INSURER B:Federal Insurance Company 20281 Yunex Corp. 9225 Bee Cave Road INSURER C:Chubb Indemnity Insurance Company 12777 Building B,Suite 201 INSURER D: Austin,TX 78733 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: HOU-003940847-08 REVISION NUMBER: 0 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 CONTRACT OR 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. INSR TYPE OF INSURANCE ADDL SUBRI POLICY EFF POLICY EXP LIMITSLTR''1NSD WVD POLICY NUMBER MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY GLD5853501 10/01/2023 10/01/2024 EACH OCCURRENCE 1,000,000 1 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ 500,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 1,000,000 X POLICY PRO-JECT LOC PRODUCTS-COMP/OP AGG $ 1,000,000 OTHER: B AUTOMOBILE LIABILITY 23)7362-88-13 06/30/2023 10/01/2024 COMBINED SINGLE LIMIT $ 2,000,000Eaaccident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS x HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE AGGREGATE DED RETENTION$ C WORKERS COMPENSATION 70441231 06/30/2023 06/30/2024 X PER OTH- I AND EMPLOYERS'LIABILITY STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT 1,000,000 OFFICER/MEMBER EXCLUDED? N/A Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liability E0D6199600 10/01/2023 10/01/2024 Limit 5,000,000 Deductible 100,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:ALL OPERATIONS OF THE NAMED INSURED. CITY OF SEAL BEACH,ITS ELECTED OFFICIAL,OFFICERS,EMPLOYEES AND AGENTS ARE INCLUDED AS ADDITIONAL INSURED WHERE REQUIRED BY WRITTEN CONTRACT WITH RESPECT TO GENERAL AND AUTO LIABILITY.COMPLETED OPERATIONS COVERAGE IS INCLUDED IN THE GENERAL LIABILITY POLICY.WAIVER OF SUBROGATION IS APPLICABLE WHERE REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER CANCELLATION CITY OF SEAL BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 211 8TH STREET THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN SEAL BEACH,CA 90740 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA LLC 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03)The ACORD name and logo are registered marks of ACORD March 13, 2023 Michael J. Hutchens Yunex LLC 1026 E. Lacy Avenue Anaheim, CA 92805 79N- lif Dear Mr. Hutchens: CITY OF SEAL BEACH — YUNEX LLC PROFESSIONAL SERVICES AGREEMENT EXTENSION NO.2 Traffic Signal Maintenance Services Pursuant to the Professional Services Agreement for Traffic Signal Maintenance Services, dated May 13, 2019, by and between the City of Seal Beach (City) and Yunex LLC (formerly known as Siemens Mobility, Inc.), the City is hereby notifying Yunex LLC of its desire to exercise the last of two additional one (1) year term extension per Section 2.2 Term for a total not -to -exceed amount of Seventy -Five Thousand Dollars and OO/100 ($75,000.00). The Agreement termination date is now revised to midnight of May 13, 2024. All other terms and provisions of the Agreement shall remain unaltered and in full force and effect. Should you have any questions, please do not hesitate to contact Iris Lee at (562) 431-2527 x1322 or ilee@sealbeachca.gov Sincerely, bil R. Ingram City Manager CC: Iris Lee, Public Works Director Gloria D. Harper, City Clerk February 22, 2022 Michael J. Hutchens Yunex LLC 1026 E. Lacy Avenue Anaheim, CA 92805 SUBJECT: CITY OF SEAL BEACH — YUNEX LLC PROFESSIONAL SERVICES AGREEMENT EXTENSION NO. 1 Traffic Signal Maintenance Services Dear Mr. Hutchens: Pursuant to the Professional Services Agreement for Traffic Signal Maintenance Services, dated May 13, 2019, by and between the City of Seal Beach (City) and Yunex LLC (formerly known as Siemens Mobility, Inc.), the City is hereby notifying Yunex LLC of its desire to exercise the first of two additional one (1) year term extension per Section 2.2 Term for a total not -to -exceed amount of Seventy -Five Thousand Dollars and 00/100 ($75,000.00). The Agreement termination date is now revised to midnight of May 13, 2023. All other terms and provisions of the Agreement shall remain unaltered and in full force and effect. Should you have any questions, please do not hesitate to contact Iris Lee at (562) 431-2527 x1322 or ilee@sealbeachca.gov Sincerely, Director of Public Works Cc: Josh Ferras, Yunex LLC SIEMENS May 26, 2021 Ms. Iris Lee City of Seal Beach 211 Eighth St Seal Beach, CA 90740 RE: Transfer of Siemens Mobility Contracts from Siemens Mobility, Inc. to Yunex LLC Dear Ms. Lee, On November 12, 2020, Siemens AG ("Siemens') announced that in the course of Siemens Mobility's continued development,'the unit Intelligent Traffic Systems ("ITS Business") will be carved out worldwide by the end of fiscal 2021 into separately,. managed entities under the new brand name Yunex Traffic. Transferred into separate companies, the ITS Business -will be able:to further pursue its growth strategy, shape the.digital transformation of its industry and actively drive market consolidation. In this connection, the unit will leverage its market -leading position in installed systems and drive advances in digitalization. Offering innovative, smart, and comprehensive mobility solutions for roads and cities, the ITS Business is the world's only supplier of solutions serving all the main regional standards worldwide. Most recently, the unitgenerated revenue of about €600 million. Since 2013,.the compound annual growth rate for orders has totaled eight percent. In the context of this global carve -out, Siemens. Mobility, Inc. (hereinafter "Siemens Mobility") will transfer its ITS Business in the United States to Yunex LLC on July 1, 2021. The transfer of Siemens Mobilitys ITS Business to Yunex LLC includes the transfer of all contracts pertaining to Siemens Mobility's'ITSBusiness, including the following contract(s) between Siemens Mobility and you: Professional Services Agreement fro Traffic Signal.Maintenance Services All contract,appendices as well as all rights and obligations are included in the contract transfer In the event that a contract cannot be transferred, Yunex LLC shall, from July 1, 2021 on, fulfill obligations arising out of such contractus a subcontractor acting on behalf of Siemens Mobility. To the extent req uired,by the contractreferenced herein, this letter seeks your consent to the contract transfer and assignmeht.and satisfies any notice requirement with respect thereto. This letter does not confer any, new rights (including any right to consent to or to receive prior notice of the transfer and assignment)' that do not currently exist under the contract. We kindly ask you to consentto the transfer and assignment of the contract to Yunex LLC. Furthermore, we ask you to waive any and all rights that the contract might possibly grant due to changes in the shareholder structure of the legal entity holding the contract. Please sign and send back the enclosed declaration of consent. Siemens Mobility, Inc. 9225 Bee,Cave Road, Building B, Suite 201 Tel.: +1 512-837-8300 Intelligent.Traffc"Systems Austin, TXr78733 v .usa.siemens.com/mobility SIEMENS In addition, we would like to inform you about the following: Bank"account details for Yunex LLC: Account Name: Yunex LLC Account Number: 54021624 ABA Routing Number: 031100209 Bank Name;.Citibank"N:A. One Penn's Way New Castle, DE 19720 Swift Code: CITIUS33 We would ask you to please use these new bank account details only after July 1, 2021. The, employer identification number for Yunex LLC is 86-2136678. If you currently have (an) exemption.certiftcate(s) onflle with Siemens Mobility, Inc. will receive an email from fts_us_iax exemptions.us@siemens.com requesting, updated exemption certificate(s) to tie issued to Yunex LLC through Avalara's CertCapture tool withdheir unique link to populate their exemptioniform online or upload their prepopulated form. Exemption certificates: not received by July 1, 2021, will result in taxes being included in invoices. We are=also' currently in the process of reapplying for any required Contractor's Licenses in our regions of operation under Yunex LLC. While we kindly ask you to, provide us with the signed consent form at your earliest convenience, the assignment of your contract will only take place once the required licenses.are in place. Please use the following contact details for correspondence relating to contractual relationships: Yunex LLC Attn: Anchal Bansal 9225'Bee Cave Road Building B, Suite 201 Austin, TX 78733, USA Phone: +1770-598-4705 E-mail:,anchal.bansal@siemens.com Should you have any questions, please do not hesitate to contact us. Thank you in advance for your support and for your cooperation. Sincerely yours, Siemens Mobility,. Inc. A'vv"'4 Steven Teal Anchal Bansal Attachment: Declaration of Consent Page 2 of 3 SIEMENS From: Ms. Tris Lee City of:Seal Beach 21.1 Eighth St Seal Beach, CA 90740 To: Yunex LLC Attn: Anchal Bansal 9225 Bee Cave Road Building B, Suite 201 Austin, TX 78733, USA RE: Transfer of Siemens Contracts from Siemens Mobility, Inc (hereinafter "Siemens Mobility") to Yunex LLC Dear Ms. Bansal, We,hereby confirm that we have read and understood the information in the letter from Siemens Mobility dated. May 26, 2021. We consent to the transfer of the contract pertaining to,Siemens Mobility's ITS Business between us and Siemens Mobility to Yunex LLC, as specified in the aforementioned letter from Siemens Mobility. We hereby waive any and all rights that the contract grants to us for the case of changes in the shareholder structure of the legal entity holding the contract. Place: Dater Printed Nam \ 1 Title: Page 3 of 3 PROFESSIONAL SERVICES AGREEMENT for Traffic Signal Maintenance Services Between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 0 Siemens Mobility, Inc. 1026 E. Lacy Avenue Anaheim, CA 92805 714) 456-9902 — Phone 714) 456-9905 - Fax This Professional Service Agreement ("the Agreement") is made as of May 13, 2019 the "Effective Date"), by and between Siemens Mobility, Inc. ("Contractor'), a Delaware corporation, and the City of Seal Beach ("City"), a California charter city, collectively, "the Parties"). RECITALS A. City desires certain professional traffic signal maintenance services. B. Pursuant to the authority provided by its City Charter and Government Code § 37103, if applicable, City desires to engage Contractor to provide professional traffic signal maintenance services in the manner set forth herein and more fully described in Section 1.0. C. Contractor represents that the principal members of its firm are qualified traffic signal maintenance professionals and are fully qualified to perform the services contemplated by this Agreement in a good and professional manner; and it desires to perform such services as provided herein. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows: AGREEMENT 1.0 Scope of Services 1.1. Contractor shall provide those services ("Services") set forth in the attached Exhibit A, which is hereby incorporated by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. Contractor shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Contractor shall comply with all applicable provisions of federal, state, and local law. 1.4. As a material inducement to City to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Contractor hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Contractor, and Contractor's staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Contractor and Contractor's staff, shall perform the Services in such manner. Contractor shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Contractor's work by the City shall not operate as a release of Contractor from such standard of care and workmanship. 2of12 1.5 Contractor 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 This term of this Agreement shall commence as of the Effective Date and shall continue for a term of three (3) years ("Original Term") commending on the Effective Date and shall expire thereafter at midnight on May 13, 2022, unless sooner terminated or extended as provided by this Agreement. 2.2 The City, at its sole option, may elect to extend the Original Term of this Agreement, upon the same terms and conditions, for up to two (2) additional terms of one year each ("extension"), by providing written notice to Contractor at least one month prior to the expiration of an existing term. If timely elected by the City, the first extension shall have a term extending from May 13, 2022 through and including May 13, 2023, unless sooner terminated or extended pursuant to this Agreement. If timely elected by the City, the second extension shall be from May 13, 2023 through and including May 13, 2024, unless sooner terminated pursuant to this Agreement. Any extension shall not be effective except upon execution of a written amendment to this Agreement signed by the City Manager and Contractor's authorized representatives. 3.0 Contractor's Compensation 3.1 City will pay Contractor in accordance with the rates shown on the fee schedule set forth in Exhibit A for Services but in no event will the City pay more than Two Hundred Twenty Five Thousand Dollars ($225,000.00) for the Original Term of the Agreement; and in no event shall the City pay more than Seventy -Five Thousand Dollars ($75,000.00) for each year of the Original Term. 3.2 Contractor 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. Any additional work authorized by the City Council pursuant to this Section will be compensated in accordance with the fee schedule set forth in Exhibit A. 3.3 In the event that the City exercises its option to extend the Original Term of this Agreement in accordance with Section 2.2, any 3of12 Services performed by Contractor during the first or second extension shall be compensated according to the rates shown on the fee schedule set forth in Exhibit A for Services, but in no event will the City pay more than 75,000.00 for any such first or second extension without prior approval of the City Council 4.0 Method of Payment 4.1. Contractor shall submit to City monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the services were rendered and shall describe in detail the services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the services performed for each day in the period. City will pay Contractor within 30 days of receiving Contractor's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Contractor. 4.2. Upon 24-hour notice from City, Contractor shall allow City or City's agents or representatives to inspect at Contractor's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Contractor in connection with this Agreement. City's rights under this Section 4.2 shall survive for two years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Contractor based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Contractor if Contractor fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Michael J. Hutchens is the Contractor's primary representative for purposes of this Agreement. Contractor may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 4of12 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, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section: To City: City of Seal Beach 211 -8th Street Seal Beach, California 90740 Attn: City Manager To Contractor: Siemens Mobility, Inc. 1026 E. Lacy Avenue Anaheim, CA 92805 Attn: Michael J. Hutchens 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Independent Contractor 8.1. Contractor is an independent contractor and not an employee of the City. All services provided pursuant to this Agreement shall be performed by Contractor or under its supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. Contractor will determine the means, methods, and details of performing the services. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the services and compliance with the customary professional standards. 8.2. Any additional personnel performing Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 8.3. Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents 5of12 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 Contractor's personnel practices. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section. 9.0 Confidentiality Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this Section shall survive the termination of this Agreement. 10.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Contractor is fully responsible to City for the performance of any and all subcontractors. 11.0 Assignment Contractor shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 12.0 Inspection and Audit of Records Contractor shall maintain complete and accurate records with respect to all services and other matters covered under this Agreement, including but expressly not limited to, all services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Contractor shall maintain adequate records on the services provided in sufficient detail to permit an evaluation of all services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Contractor 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. Contractor 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 6of12 Section 12.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 13.0 Safety Requirements All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA. The City may issue restraint or cease and desist orders to Contractor when unsafe or harmful acts are observed or reported relative to the performance of the Services. Contractor shall maintain the work sites free of hazards to persons and property resulting from its operations. Contractor shall immediately report to the City any hazardous condition noted by Contractor. 14.0 Insurance 14.1. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Contractor has secured all insurance required under this Section. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 14.2. Contractor shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto coverage form number CA 0001, code 1 (any auto); and, if required by the City, (3) Professional Liability. Contractor shall maintain limits no less than: (1) General Liability: $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; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Professional Liability: 1,000,000 per claim/aggregate. 14.3. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the 7of12 City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible. 14.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 14.5. Any deductibles or self-insured retentions shall be declared to and approved by the City. Contractor guarantees that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 15.0 Indemnification, Hold Harmless, and Duty to Defend 15.1. Indemnity for Desiqn Professional Services. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, indemnify and hold harmless the City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 15.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants and other professionals, and all costs associated therewith, and reimbursement of attorneys' fees and costs of defense collectively "Claims"), whether actual, alleged or threatened, which arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Contractor, and/or its officers, agents, servants, employees, 8of12 subcontractors, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a "design professional," as the term is defined under California Civil Code § 2782.8(c). 15.2. Other Indemnitees. Other than in the performance of design professional services, and to the fullest extent permitted by law, Contractor 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, liens and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Damages"), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Damages with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 15.3. Subcontractor Indemnification. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 15.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnities, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims or Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. 15.4. The obligations of Contractor under this or any other provision of this Agreement shall not be limited by the provisions of any workers' 9of12 compensation act or similar act. Contractor expressly waives any statutory immunity under such statutes or laws as to the Indemnitees. Contractor's indemnity obligation set forth in this Section 15.0 shall not be limited by the limits of any policies of insurance required or provided by Contractor pursuant to this Agreement. 15.5. Contractor's covenants under this Section 15.0 shall survive the expiration or termination of this Agreement. 16.0 Equal Opportunity Contractor affirmatively represents that it is an equal opportunity employer. Contractor shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non-discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 17.0 Labor Certification By its signature hereunder, Contractor 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. 18.0 Prevailing Wage and Payroll Records If this Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code, then Contractor 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. 19.0 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. 20.0 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. 10 of 12 21.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 22.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 23.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 24.0 Prohibited Interests; Conflict of Interest 24.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 24.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 24.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the 11 of 12 business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection. 25.0 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. 26.0 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. 27.0 Corporate Authority The person executing this Agreement on behalf of Contractor warrants that he or she is duly authorized to execute this Agreement on behalf of said Party and that by his or her execution, the Contractor is formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. 12 of 12 CITY OF SEAL BEACH Ingram, City M2F" .0- Attest: Approved as to F LIM Attorney S7296-000112292797v3.doc CONTRACTOR: Siemens Mobility_toc., a Delaware corpo io By: _ Michael J. Hutchens Operations Manager, ITS By: _ Steve -Ral Director, IT'S-Sernrce- Please note, for corporations Corporations two signatures required pursuant to California Code Section 313.) EXHIBIT A Contractors Proposal SIEMENS Helping Our Communities Become Vibrant, Growing & Green Proposed to: Ms. Iris Lee Deputy Public Works Director Department of Public Works City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Table of Contents COVERLETTER------------------------------------------------------------------------------------------------------------------ 2 WORKPLAN----------------------------------------------------------------------------------------------- -- ----- - - - ------ V. ROUTINE MAINTENANCE------------------------------------------------------------------------------------------------------------------------- 3 MonthlyInspection--------------------------------------------------------------------------------------------------------------------------------- 3 Quarterly Maintenance (Every Three Months)-------------------------------------------------------------------------------------------- 5 Semi -Annual Maintenance (Every Six Months)------------------------------------------------------------------------------------------- 5 YearlyMaintenance --------------------------------------------------------------------------------------------------------------------------------- 5 STAFFINGPLAN------------------------------------------------------------------------------------------------------------------11 CONTRACTMANAGEMENT TEAM-----------------------------------------------------------------------------------------------------------------------11 FIELDMAINTENANCE TEAM------------------------------------------------------------------------------------------------------------------------------12 MANAGEMENTCONTACTS:------------------------------------------------------------------------------------------------------------------------------13 Additional Resources available to the City of Seal Beach---------------------------------------------------------------------------14 ORGANIZATIONAL INFORMATION-----------------------------------------------------------------------------------------------------------------------15 EXCEPTIONS--------------------------------------------------------------------------------------------------------------L; COMPANY QUALIFICATION ABRIEF OVERVIEW OF SIEMENS-------------------------------------------------------------------------------------------------------------------------17 OURDISTINCT QUALIFICATIONS------------------------------------------------------------------------------------------------------------------------18 KEYCONTACT--------------------------------------------------------------------------------------------------------------------------------------- PROOF OF CONTRACTORS LICENSE AND DIR REGISTRATION--------------------------------------------------------------------------------------19 PRIMARY FACILITIES AND STAFF SUPPORTING THE CITY OF SEAL BEACH:------------------------------------------------------------------------20 FINANCIALINFORMATION--------------------------------------------------------------------------------------------------------------------------------21 PROJECTAPPROACH---------------------------------------------------------------------------------------------------------------------------------------22 WhatSets Siemens Apart------------------------------------------------------------------------------------------------------------------------22 MaterialInventory ---------------------------------------------------------------------------------------------------------------------------------- 22 Reporting and Record Keeping---------------------------------------------------------------------------------------------------------------23 TestingServices-------------------------------------------------------------------------------------------------------------------------------------24 Fiber Optic Repair Installation, Maintenance Services-------------------------------------------------------------------------------24 USADig Alert-----------------------------------------------------------------------------------------------------------------------------------------24 Customer Portal (Traffic Signal Service Management System)--------------------------------------------------------------------25 IndustrySpecific Tools----------------------------------------------------------------------------------------------------------------------------26 Vehicles& Equipment----------------------------------------------------------------------------------------------------------------------------27 WHYCHOOSE SIEMENS?----------------------------------------------------------------------------------------------------------------------------------)Q REFERENCES-------------------------------------------------------------------------------------------------------------------------30 INSURANCE REQUIREMENTS----------------------------------------------------------------------------------------------------33 SEALED FEE PROPOSAL-------------------------------------------------------------------------------------------------------------34 SIEMENS DELEGATION OF APPROVAL AUTHORITY-----------------------------------------------------------------------35 April 23`d, 2019 Ms. Iris Lee Deputy Public Works Director Department of Public Works City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 RE: Proposal for: Traffic Signal Maintenance Services Ms. Lee, SIEMENS I"ICAnNi -(or (A fe.. Siemens ITS would like to express our sincere appreciation for the opportunity to participate in the proposal process for providing maintenance, emergency response and repairs for the City's traffic signal system. The prices and terms stated in our proposal package will remain in effect for 90 days from the date of submission, April 23`d, 2019. Siemens Mobility, Inc. is a corporation, incorporated in the State of Delaware on November 29`h 2017. Siemens Intelligent Traffic Solutions (ITS) is a business unit within Siemens Mobility, Inc. a subsidiary member of the Siemens AG corporate group. Our federal tax employer I.D. number is 30-1018552 and our corporate address is One Penn Plaza Suite 1100, New York, NY 10119. Siemens ITS is an electrical contracting firm who is a California licensed A and C-10 contractor CA License #1042278) and is also a registered Public Works Contractor (DIR No. 1000059880), who provides leading edge traffic technology for the fast -paced Intelligent Transportation Systems world. Whether providing maintenance services, local controllers, controller firmware, central systems, system analysis, design, or integration, Siemens brings innovative and reliable solutions to customers. During the evaluation, if there are any questions regarding this proposal please, feel free to contact either of us using the contact information listed below. We look forward to continuing to serve the needs of the City of Seal Beach and would like to thank you in advance for your consideration. Respectfully, Siemens Industry, Inc. Steven M. "Tea[ - Director of Service 2250 Business Way Riverside, CA 92501 951) 784-6600 office 951) 784-6700 fax steven.teal@siemens.com Siemens Ind s Mi ael . Hutchens Operations Manager 2250 Business Way Riverside, CA 92501 951) 784-6600 office 951) 784-6700 fax michael.hutchensgsiemens.com Work Plan Scope of work V. ROUTINE MAINTENANCE Siemens will provide a continuing, comprehensive, routine maintenance program designed to eliminate or reduce the incidents of malfunctions, operational complaints and extend the useful life of the existing traffic signal control equipment. Siemens will inspect, clean, and if necessary, adjust all traffic signal control equipment to meet manufacturer's original specifications at each signalized intersection once each calendar month. The monthly inspection and cleaning of all cabinets shall include the repair/replacement of parts in controller cabinet, detector loop patching, cleaning and realignment of signal indications, continuity checks, testing of the City's communication system, testing and repair of battery back-up systems, LED and pedestrian indication replacements, rewiring, concrete and foundation repairs, and lamping to maintain existing operation. Failure of Siemens to provide the services outlined in its Routine Maintenance list that requires the City or its agent to make corrections, shall be billed back to Siemens plus markup. Monthly Inspection Siemens will inspect, clean, adjust and make a routine inspection of each traffic signal location once per month. Siemens agrees that it will maintain a record in each controller cabinet showing the date and time checked. Controllers shall not be replaced, except for repair, without prior approval of the City. Siemens will submit a standard checklist for inspections and tasks that are conducted at each intersection, which will include, but not limited to the following: 1. Clean the inside and outside of all controller cabinet assemblies, electrical service, battery back- up cabinets, interconnect cabinets, removing any foreign material, including graffiti. Tighten all electrical termination and check all communication connections. Inspect/protect all related facilities for/from insect/bug/rodent infiltration. Rust and water damage shall be reported to the City in the monthly report. 2. Check the timing of individual signal phasing and integral timing circuits for the correct operation per the timing sheet. Traffic signal timing changes will only be made by Siemens with the City's approval. The City will be notified of these changes as soon as the change has been made. All changes will be documented in the necessary Contract records. 3. Check and verify timing of yellow (clearance) interval on all phases per the timing sheet. 4. Check and set, if necessary, all real-time digital clocks to the National Bureau of Standard Time. S. Check detector units and systems including, but not limited to, inductive loops, video detection, and pedestrian/bicycle push buttons for correct detection of various modes of transportation, and adjust or repair as necessary to restore intended operation. This includes splicing (or re - splicing) of detector loops and the replacement of pedestrian/bicycle push buttons. 6. Inspect all load switches, Battery Backup Units (BBU'S), photo -cells, dials, controller cabinet switches, relays, clocks, cabinet locks, cabinet mechanisms, cooling fans, etc., and make routine adjustments or minor repairs, if necessary. 7. Walk all approaches of the intersection and visually inspect all signal poles, mast arms, signal head and indications (including programmed visibility indications), traffic control signs, pedestrian signals, illuminated street name signs, loop sealants, pull box covers, and any other devices to verify the correct condition, placement, and/or operation. Any traffic signal or illuminated indication that is burned out or has reached eighty percent (80%) depletion curve will be replaced. All traffic heads and pedestrian heads found out of alignment will be properly aligned and secured. Check all traffic signal indication visibility at approach distances, remedy, and report visibility deficiencies to the City immediately. Missing signs including pedestrian/bicycle push button plates will be replaced. Cracked or damaged loop sealants will be re -sealed. All other equipment found loose, missing or damaged shall be secured, replaced, or repaired. 8. Immediately correct all safety deficiencies found during routine inspection and submit work authorization request to the City to schedule non -emergency work. 9. Check all traffic signal controller communication equipment for proper operation, verify correct IP addresses (controller) and adjust or repair, as needed. Replacement of Ethernet switches will be coordinated with the City and subject to its approval. Siemens will verify the grounds and connections of the copper twisted pairs at those locations using this communication system. Siemens will test and make any repairs or adjustments. The City reserves the right to contract this work out to others, without compensation to Siemens. Siemens may be required to provide assistance to the City, or other firms selected by the City, to troubleshoot Ethernet connections, as requested. 10. Check battery back-up systems for proper operations and connections including checking and recording operational voltage range of all batteries, and adjust or repair, as needed. The date of new battery installations will be recorded in the traffic signal cabinet and in the monthly status reports to track the frequency of their required maintenance. Siemens will notify the City of non- operable or low -output batteries within twenty-four (24) hours. The replacement of batteries will be considered extra work and will require approval by the City. If batteries are found to be damaged (i.e., "exploded" or "cracked"), Siemens may be responsible for the cost of the replacement if it is determined that they have not been properly inspected or maintained. 11. Inspection of illuminated street name signs and safety lights will include at least one nighttime inspection each month with replacement lamps as required in addition to the timely replacement of burned -out or dim lamps as reported or observed. Siemens will notify the City of any sign panels or housing in need of refurbishment or replacement. 12. Inspection of flashing beacon operation and make any repairs or replacement of lights, as required. For some locations, Siemens will be responsible for updating the programming on an annual basis on local school bell schedule. Siemens will also update the programming for daylight savings twice per year. 13. Inspect the operation of speed radar signs and make any repairs as required Quarterly Maintenance (Every Three Months) The following tasks required quarterly (every three months) will be included in the established monthly fees for routine maintenance: 1. Cabinet door locks and padlocks will be lubricated with graphite lubricant, or equivalent, and maintained in good working order. Any missing or damaged locks will be replaced and/or repaired. Semi -Annual Maintenance (Every Six Months) The following tasks required semi-annually (every six months) will be included in the established monthly fees for routine maintenance: 1. Air Filters — Siemens will replace the air filter elements in all cabinets so equipped. 2. Battery Back-up System — Traffic signal battery back-up systems will be checked by electrical bypass for appropriate operation per the manufacturer's specifications. The City shall approve the schedule prior to the commencement of work. Siemens will also review and prepare a report of annual replacement of batters by location and submit to the City. Yearly Maintenance The following tasks required once a year shall be included in the established monthly fees for routine maintenance: 1. Conflict Monitor — Siemens will test conflict monitors. Siemens will supply a report for each test conducted. The test will be conducted utilizing a replacement monitor (like kind) to monitor the intersection while the test is being conducted. The testing will take place on a schedule approved by the City. Any conflict monitor that does not pass the test will be repaired or replaced and billed as Extraordinary Maintenance. 2. Emergency Vehicle Pre-Emption (EVP) — The optical detector lens will be cleaned according to the manufacturer's specifications at all signalized intersections and fire station installations throughout the City. Siemens will supply a report for testing of EVP system at each intersection. Testing will take place on a schedule approved by the City. Any EVP equipment will be repaired or replaced and billed as Extraordinary Maintenance. 3. Traffic Signal Controller Software — Siemens will verify and update records of current controller software or firmware. This includes the spare controllers that Siemens maintains for emergency replacement of failed traffic signal controllers. All updates of controllers that require shut -down of a traffic signal will be coordinated with the City and may be required to be conducted at night. Software updates may be required more frequently than once a year. 4. Painting — Siemens will prepare and submit an annual work authorization request to the City listing cabinets (i.e., controller, splice pedestals, service) and signal head equipment that need painting as identified during the monthly maintenance reviews. Special notification will be provided regarding rusting or water damage. Authorization for Siemens to proceed on the painting will be subject to authorization per the terms of Extraordinary Maintenance. Painting to remove graffiti will be performed by Siemens within twenty-four (24) hours of the observation or report, whichever is earlier. Siemens will use the City's current paint standard color and apply the appropriate paint type to provide uniform coverage and color on the equipment. Repair and Replacement Siemens will replace or repair any and all defective parts of the traffic signal system which cause signal failure or malfunction, as the occasion arises per the routine maintenance, such as the signal controller, flashers, burned -out lamps, detector loops, video detection cameras and/or units, push buttons, sensing units and wiring system, communication internal modems and/or interface units, unless the failure or malfunction falls in the category of Extraordinary Maintenance. Siemens will complete all work in a timely manner notifying the City within twenty-four (24) hours of the next working day when any equipment is replaced with temporary replacements pending permanent repairs. Loop Detector Replacement Once it is determined by the City that the sawcut has deteriorated to a point that applying more sealant is insufficient, the loop detector will be replaced and billed as Extraordinary Maintenance. Lamps and Lighting Siemens will furnish and replace all illuminated street name sign lamps and safety lighting lamps at all traffic signals and flashers based upon an eighty percent (80%) depletion curve (or fall outside acceptable levels), but not to exceed twenty-four (24) months, in accordance with the time schedule contained in the specifications. All traffic signal lamps must conform to the standards of the N.E.M.A., U.L., E.I.A., A.S.T.M., A.N.S.I., and any ordinance that may apply. Siemens agrees to use only standard traffic signal LED's equivalent in performance, reliability and durability to those manufactured to California Department of Transportation's (Caltrans) standards. Siemens agrees to supply all labor and equipment to perform the re-lamping function, with the cost of the LED's to be invoiced to the City. Siemens will clean, polish and inspect all lenses and reflectors at the time the traffic signals are re- lamped. At this time, all broken or deteriorated parts will be replaced or changed, as necessary, signal heads aligned, mast arm mounted, street name signs adjusted, and optically -programmed signal heads adjusted. If incandescent lamps are present and are in need of replacement based upon the above criteria, Siemens will replace the lamp to an approved manufacturer LED. The monthly Routine Maintenance bid price will include lamp replacement of burned-out/dimmed lights, as needed. LED modules and pedestrian indication replacement modules (material only) will be billed under Extraordinary Maintenance. Emergency Service Siemens will maintain a 24 -hour -per -day emergency service per the provision of Routine Maintenance for the replacement of burned -out lamps, turned heads, and controller malfunctions. Siemens will make the required repairs to restore or maintain the traffic signal in good working condition. Temporary repairs may be required in the event of an accident or failure that may be covered under Extraordinary Maintenance. The intersections where said traffic signals are located will be regularly patrolled by Siemens. Siemens will make immediate service calls on an emergency basis , responding within one (1) hour of notification during normal working hours of the Contract, and within two (2) hours during non -working hours of the Contract, including Saturdays, Sundays, and holidays in the event of any traffic signal system malfunction. Siemens is required to provide the reporting party, if different than the City, with an estimated time of arrival. The replacement of burned -out lamps need not be on an emergency basis provided there are at least two (2) indications still in good operation for each direction of travel. Such replacements will be handled as soon as possible under Routine Maintenance. Payment for Routine Maintenance Siemens will submit separate monthly billings for Routine Maintenance at the Contractor lump sum price per flashing beacon, per speed radar sign, and per signalized intersection, which will include safety lights and illuminated street name signs, per month. Said compensation will include all labor, materials, equipment, overhead, and profit for routine services in the price bid per intersection, per month, and no extra compensation will be allowed. VI. EXTRAORDINARY OR EMERGENCY MAINTENANCE Extraordinary/Emergency Maintenance involves the repair or replacement of equipment damaged by collisions, vandalism, civil disorder, windstorm, natural disasters, street construction or excavation. Extraordinary/Emergency Maintenance also includes replacements based on obsolesce, required MUTCD updates, or other unusual factors when labor and materials necessary to ensure safe and efficient operation of the City's traffic signal system goes beyond Routine Maintenance. Siemens will provide Extraordinary/Emergency Maintenance for the traffic signal system and related equipment. Siemens will prepare and submit a work order to the City providing a detailed justification for the needed repairs. The work shall be subject to the City's authorization. City reserves the right to separately bid Extraordinary Maintenance work to other firms, without compensation to Siemens. Siemens may be required to assist or support other City -retained firms, as requested. Siemens will be advised that all work will be schedule for normal working hours unless, but not limited to: 1. A completely blacked out intersection 2. Less than two (2) indications per lane is inoperative 3. Conflicting signal timing 4. City request Extraordinary/Emergency Maintenance will generally include, but not limited to: 1. Repair and/or replacement of failed or malfunctioning equipment 2. Modifications to traffic signal equipment, such as, but not limited to, upgrades of controller cabinets and controller components. Any replacement controller shall be adjusted to reflect the timing and settings according to the timing chart. 3. Replacement of battery back-up system components 4. LED module replacements 5. Pedestrian indication replacements 6. Painting of cabinets and signal heads 7. New lenses and framework 8. Loop detector replacements 9. Video detection camera repair/replacement 10. Interconnect installation, repair, terminations, and testing of same (excludes Routine 11. Maintenance testing) 12. Replacement of equipment that becomes obsolete or deteriorated equipment that is beyond its serviceable life. Other Extraordinary/Emergency Scope of Work Siemens response to all Underground Service Alert (USA) requests/notices relating to traffic signals, interconnect, and communication infrastructure will be billed as Extraordinary Maintenance. Siemens may be required to assist in the final inspection of new installations or provide interim emergency response or repairs not currently owned by the City, as authorized by the City. Notifications Siemens will report to the City the condition and provide satisfactory evident that replacements/repairs are necessary, and provide cost estimates, including labor, equipment and material, to perform said work. Siemens will also submit to the City photographic records of damaged equipment requiring replacement/repair. No work will proceed without the City's written authorization, except in emergencies and/or when immediate replacement/repair is needed to ensure public safety. All Extraordinary Maintenance work orders will be completed by Siemens to the City's satisfaction within ten (10) calendar days, unless otherwise agreed upon with the City. The completion of final repairs subsequent to Siemens temporary repairs shall be subject to the same ten (10) calendar day's completion requirements. Should Siemens be unable to complete said work within the specified time, Siemens will submit a written explanation of the delay and an anticipated completion date for said work for the City's review and approval. Siemens will notify the City within 24 hours of the alteration of the operation of any signal or the installation or removal of any substitute controller or component. Siemens will also provide a schedule for completion of any Extraordinary Maintenance work, and an estimated completion date. Emergencies Siemens will maintain a 24-hour per day emergency service for the replacement of burned -out lamps or LED's, turned heads and controller malfunctions, or any damage that may pose a public hazard. The intersections where said traffic signals are located will be regularly patrolled by Siemens. Siemens will repair parts, replace parts and lamps or LED's, and otherwise keep the traffic signals in good working condition. Siemens will maintain a local telephone number where representatives of Siemens can be reached 24 hours per day. This telephone number is to be made available to all persons designated by the City. Siemens will respond immediately to emergency calls and dispatch qualified personnel and equipment to reach the site within one (1) hour under normal circumstances. The follow traffic control procedures for emergency repairs will apply: 1. Siemens vehicle will carry sufficient and appropriate traffic control equipment to direct traffic during an emergency and/or when deemed necessary by the City. 2. If no police officers are present and temporary STOP -signs have been set up upon Siemens arrival, Siemens will survey the site and provide additional traffic control devices, as necessary, then proceed to repair traffic equipment. Once the signal is back in operation, Siemens will remove all of the temporary traffic control devices and return City -owned devices. 3. If a police officer is present upon Siemens arrival, Siemens will immediately examine the signal, evaluate the situation, and report to the police officer to determine the next course of action. 4. If Siemens must leave a blacked -out signal location that has STOP -signs in place, Siemens will consult with the police and set the signal to flash operation if power is available. Siemens will follow-up to restore normal traffic signal operations as soon as possible. Underground Service Alert Siemens will be responsible to respond to all Underground Service Alert (USA) requests/ notices/tickets or at the request of the City for all marking and protection of traffic signal unground facilities/infrastructure including, but not limited to, traffic signal and electrical conduit, interconnect and communication facilities, loops, and other appurtenant equipment. Siemens will be responsible for properly locating noted facilities/infrastructure and maintaining an up- to-date inventory and as-builts for said purpose. All updates shall be transmitted to the City in a format adequate for its records. In the event said facilities/infrastructure is damaged due to Siemens failure to properly mark the facilities/infrastructure per the records, the costs for repairs will be the sole responsibility of Siemens for areas that were not properly marked. It shall also be Siemens responsibility to coordinate, clarify, and/or verify with the requesting party. Painting Siemens will repaint all metal standards, signal heads, back plates, visors, controller housings, and appurtenances, as directed by the City. Repainting will be conducted by spray painting methods with colors, sheen, types consistent with traffic signal standards, and as approved by the City. Siemens will annually inspect and prepare a list of locations as part of Routine Maintenance, and submit to the City for work authorization. Street Light Maintenance Siemens will repair/replace all equipment associated with City -owned streetlights as directed and approved by the City. City -owned streetlights and all associated components will be repaired or replaced as Extraordinary Maintenance. City -owned streetlights are limited to (1) Main Street, and (2) 1st Street Parking Lot. Method of Payment An itemized invoice will be submitted within thirty (30) days of completion of the work. City will compensate Siemens for Extraordinary Maintenance work as follows: 1. Materials — City will pay to Siemens for materials used in Extraordinary Maintenance Siemens cost plus a percentage mark-up as specified in Siemens bid proposal, but in no case more than 15 percent (15%). All parts and materials shall be new. Used parts will not be used, unless explicit written authorization was provided by the City. The City reserves the right to inspect all Siemens records to verify material cost. 2. Direct Labor — Siemens will present with its monthly itemized invoice a record of hours spent under Extraordinary Maintenance. Siemens hourly rates will include compensation for wage, profit, overhead, fringe benefits, health and welfare, worker's compensation insurance, pension/retirement benefits, vacation/sick leave, union tax, assessment, and any applicable local/state/federal/union related costs. 3. Equipment — City will pay Siemens for equipment use under Extraordinary Maintenance on a per -hour basis, as specified under Siemens bid proposal. No additional payments of any kind shall be paid for equipment, unless otherwise noted. No additional compensation will be paid for transporting the equipment to/from the job site. Other 1. Labor Strike — It will be Siemens responsibility to provide continuous maintenance services, without any interruption, of all traffic signals. In the event of a labor strike, Siemens will provide other means, at its sole expense, to provide comparable services. City reserves to right to take any necessary actions to provide such services should Siemens fail to fulfill these terms. All costs plus mark-up will be borne by Siemens. 2. Permits and Licenses — Siemens will obtain all necessary permits and licenses (including City business license) to perform the Contract work at its sole expense. Siemens will give all notices necessary and incidental to the due and lawful prosecution of the RFP. 3. Patents — Siemens will assume all responsibilities arising from the use of patented materials/equipment/devices/processes/technologies. Staffing Plan Contract Management Team If selected, Jeffrey Pierce will be the Account Manager serving the City of Seal Beach. Jeff, his service coordinator, Jennifer Hall, and the area supervisor, Henry Graves, will be responsible for maintaining communication with the City regarding daily operation and maintenance of all traffic signal equipment. Our account management team as well as our field staff will work closely with you and your team in order to ensure that all of your requests are being effectively addressed. We make every effort to make certain that the City's staff is always aware of issues that are in need of attention. Jeffrey Pierce, Service Account Manager Jeff has over 31 years of extensive experience in the traffic signal maintenance industry. He is extremely knowledgeable with all aspects of traffic signal maintenance, repair, and construction. He has served in multiple roles from field technician to field supervisor and is currently a Service Account Manager. Jeff is accountable for the overall performance of contracts in the San Diego and Orange County territory, manages 10 field employees and will be the primary Siemens representative responsible this contract. Experience: e j Service Account Manager, Siemens - October 2012 to Current YParton m PUWC WETYow Service Operations Supervisor, Siemens - 2010 to 2012 IMSA Work Zone SafetyProjectManager, Republic ITS - 2004 to 2010 IMSA Level I, 11, III Certified Traffic Signal Lead TrafficSignal Tech, Signal Maintenance -1992 to 2004 Technician Utility Technician, Lekos Electric -1991 to 1992 Traffic Signal Technician, Southwest Signal Service -1988 to 1991 Other Industry Certifications: ATSSA Traffic Control Technida n ATSSA Traffic Control Supervisor Jennifer Hall, Service Coordinator Jeri has over 7 years of experience maintaining customer contracts and providing support to the management and field execution team. She is well versed in many software applications and systems including, but not limited to, Microsoft Excel, Word, Outlook, Live Meeting, SAP ERP systems, Mcompanion, and SharePoint. Jen is responsible for day to day coordination, dispatching, Customer billing, and support for Jeff and the field technicians with all other topics. Experience: Service Coordinator, Siemens - 2014 to Present Administrative Support, Siemens - 2012 to 2014 Other Certifications: Licensed Notary Henry Graves, Maintenance Field Supervisor Henry has 33 years of experience maintaining and repairing traffic signal and streetlight systems. He is extremely knowledgeable with all field elements including, but not limited to, traffic signal rewiring, underground conduit installation, traffic signal modifications, pole foundation removal and installation, complete traffic signal installation, and routine/emergency maintenance response. Henry will be responsible for supporting the Service Account Management Team with monitoring maintenance field activities, site inspections, and scheduling maintenance technicians. Experience: mogsz Field Supervisor, Siemens -2010 to Present Yaw Part onto PUBEKSAHT-Y- Maint. Superintendent, Republic ITS - 2004 to 2010 IMSA Work Zone Safety Utility Supervisor, Signal Maintenance, Inc. - 2000 to 2004 Utility Lead, Signal Maintenance, Inc. - 1995 to 2000 Utility Worker, Superior Signal Services - 1986 to 1995 Field Maintenance Team Siemens will assign one primary IMSA certified Level III traffic signal technician, who will be responsible for responding to calls within normal business hours. We will assign two secondary IMSA certified Level III traffic signal technicians to provide back up support in the event your primary technician is unavailable (i.e. vacation, sick days, jury duty, etc.). Primary Technician: Naim Yanie, Traffic Signal Technician Yanie has 10 years of experience with all facets of traffic signal maintenance and repair. He is extremely knowledgeable with all traffic signal control equipment, specifically Econolite controllers (ASC/2070) and Econolite software systems. He also has a vast understanding of the field elements such as traffic signal wiring, loop detection, video detection, emergency vehicle and railroad preemption, etc. Experience: ur jTrafficSignalTechnician, Siemens - 2016 to Present rm,. P_m PUBLIC WET Traffic Signal Specialist, City of Irvine — 2014 to 2016 IMSA Work Zone Safety Traffic Signal Technician, Siemens - 2010 to 2014 IMSA Level 1, II, III Certified Traffic Signal Traffic Signal Technician, Republic ITS - 2009 to 2010 Technician Other Industry Certifications: NEC Certified Cert No. 157902 Expires 06/09/2020 Econolite ASC3 Controller Certified Econolite Autoscope Certified Iteris Video Detection Certified Bucket Truck Certified ATSICMU/MMUTest Equipment Certified i Back-up Technicians: Kevin Daxon, Traffic Signal Technician Kevin has 18 years of experience with all facets of traffic signal maintenance and repair. He is extremely knowledgeable with all traffic signal control equipment, specifically Econolite controllers (ASC/2070) and Econolite software systems. Kevin also has a vast understanding of the field elements such as traffic signal wiring, loop detection, video detection, emergency vehicle and railroad preemption, etc. I Experience: caXsz Traffic Signal Technician, Siemens - 2010 to Present yw y- n PUBLIC SAfEiY Traffic Signal Technician, Republic ITS - 2007 to 2010 ' IMSA Work Zone Safety Traffic Signal Technician, Team Econolite — 2004 to 2007 IMSA Level I, II, 111 Certified Traffic Signal Traffic Signal Technician, Signal Maintenance, Inc. - 2001 to 2004 Technician Other Industry Certifications: NEC Certified Cert. No. E -149693-G Expires 08/19/2019 Econolite ASC3 Controller Certified Econolite Autoscope Certified Bucket Truck Certified ATSI CMU/MMU Test Equipment j Certified I MSA Certified Signal Inspector j Management Contacts: Michael Hutchens is the Southwest Area Operations Manager and is responsible for all operations in California and directly manages the service team that, if selected, would be managing the day to day traffic signal maintenance activities in the City of Seal Beach. Steven Teal, the Director of Service for Siemens Mobility Inc., is heavily involved in the operations and is available as an escalation point if ever necessary. Both Michael and Steven have signatory authority and are able to execute documents/contracts on behalf of Siemens Mobility, Inc. Steven M. Teal, Director of Service (U.S.) Steven has had a long, productive, and successful career in the traffic signal maintenance and repair j industry. Currently he assumes the accountability for overall profits and losses for the complete Customer Service (CS) business nationwide with responsibility for 60 office employees, management of 250 field employees and over 250 municipal traffic signal and street lighting maintenance contracts. Steven is involved in the local operations and will provide technical support to the local contract management team. We feel it's important that Customers have the ability to voice opinions, concerns, and compliments to our senior managers, therefore Steven will be available to you as a top level escalation point. Experience: z Director of Service (U.S.), Siemens -October, 2015 to Present Y- v.v. m wxx WM Southwest Operations Manager, Siemens - 2012 to 2015 IMSA Work Zone Safety Regional Manager, Republic ITS - 2007 to 2012 > .. IMSA Level 1, II, III Certified Traffic Operations Manager, Republic ITS - 2006 to 2007 Signal Technician Project Manager, Republic ITS - 2004 to 2006 IMSA Associate Member Maint. Manager, Signal Maintenance, Inc. - 2003 to 2004 Other Industry Certifications: Lead Traffic Signal Technician, Signal Maintenance, Inc - 2001 to 2003 Microprocessors Traffic Signal Technician, Signal Maintenance, Inc -1998 to 2001 Iteris Video Detection Michael Hutchens, Area Operations Manager Mike has over 25 years of extensive experience in both the technical and construction related aspects of the traffic signal and streetlight maintenance industry. He has served in many different capacities with increasing responsibility as he has shown himself to be thorough, professional and competent through the years from field laborer to project management, and most recently Operations management. Mike is responsible for overall profits and losses for the Southwest US territory with responsibility for 30 office employees, management of 70 field employees and 115 traffic signal and street lighting maintenance Customers. Mike is directly involved in the day to day operations. Mike will support the contract management team and also serve as the Cis first point of escalation, if necessary. Experience: IP- MPU n Operations Manager, Siemens - November, 2015 to Present Y -RUC SME" Senior Service Account Manager, Siemens - 2010 to 2015 - IMSA Work Zone Safety Sr. Project Manager, Republic ITS- 2006 to 2010 - IMSA Level I, II, III Certified Traffic Signal Maintenance Operations Manager, Team Econolite - 2003 to 2006 Technician Chief Estimator, US Traffic Corporation - 1998 to 2003 Utility Technician, Signal Maintenance, Inc. - 1994 to 1998 Additional Resources available to the City of Seal Beach In addition to the previously mentioned technicians, Siemens has over 20 additional traffic signal technicians (mostly IMSA III certified) located in Orange, Los Angeles, Ventura, and Riverside / San Bernardino County areas. We also employ over 20 key construction personnel for major repairs. These include certified crane operators, dedicated utility locators for (USA) Dig Alert service, Corning certified fiber optic technicians, and our own in-house loop crew. Siemens ITS has the largest workforce of IMSA level III Certified Traffic Signal Technicians and NEC Certified Electricians in the industry. For your reference and to outline the strength of our team, we have listed additional personnel below: SOUTHERN GUFORNIA ROSTER I lC Ni:harlH.rt:la.rx SieYM Teal ClrK:or at Se"ke.- Nea Cprr,xl,nc Nan a•J"' e e e s ir*M Fierce Serer Account Wars" uk Clvi,:uyln. Slocum hikk S.rµrita 'Cur,>truura•Nulrt•t e lieray Claves Feld Supervisor (NainManQl a iy,Ga•:ah_ TrauiSynalTctimiciar e e e e d KF - 4 r:arnn raffir *a l T.+,", e d e O e Niam' tarie Traffic Signal TmHidar e e e e e Francnrn Alvarar_, raffir 5ynal , Klxriar a e o JMy `•; amlidmwm Traffic SgralTKhrt:dar e e e T, T Rua, v Fad Swrc .arnraa:arn'rchnnim, e Oasid lbs Traffic Signal TrrNidar Reardo Fern v+c^_z Trettic Signal TKhrriar e e e e w twa 777: TNrryiara, FFlp< Tniothy Kosrrwn wffrtgrtallKhnrar Hirt Signal Foreman e e e O e O r Y_.... aaphad LIP= Surr•Igh•tnhriian e Samson bkrve Lead "ra* Signal'e:hrkiar e e e e e irwdry Wales Ir•ad ra•rn Sinal w. hers e e e e A wto Ramirez ra i Sgrsi tr. Ime far e e e orgeLiviao ' ra•rSignal Tcchmoar e e e e Neale Ramal Trask *ral'mN idar e e e e a . T C.abeialLrulsor Trax SigralTKhru-Jar e e e e NramSa, W dl r *,.I I.1,ni r• a e e GeKtlo Aryuiaro re"c Sgrel Technidar 5 Ii—, m,will R Srpsrl rsiawiin• e e e e e fmwio Cmarx, Trak Signal TKhnidar e e 0 e hshi dt:rry. m• Sc•r+drrlmrrm, e e e e Orr loner Trak Sgral TKhniciar e e e e rolarda " w, w -k Signal Tech -4dsr e e acob Ganboa Tw'k Signa0veel Light CvordmN Wirt ' w bglaw ll TadrNklaySpulahrt e e e Nathra. sauNa• NMhaniel Baler r. Synal Slr•ciahe:,laL tclmrwr Trak Sgnal,41dwr Opdn Tachakhn e e e e e Sunlc• Sua••4y1•.,'mffn Signal cth•iian e e e e e rNirnphn Franco S4nr:4jb!!4alfn Sgnol alw irar e e 0 10 e Coli Landis Slrrethg+vTrane Signal TKft i an e e e rid Nnhnn Tla-, SL,na1 Conttnrni:nn Fnrmrar e e CecN TKry:r, Trex Sgnal Conslruaionfwmar e e v ^. craiy -vanc> Trax Signal rorrntan. Loop Crelr Laad i wgo Nuroz Tw'k Signal rorernan. Carr Cprrator v” Willie 4. Sgnel,+Sucet lg1•t GroarvJinar e e e Char: r4whr TraaS: Sgral : rrnnr n C . rr C:m—, 0 O David lalrnwn a••r. Siynal Grua. . C m Cytya:ai u lC,hl.s Nn r ra'Sr,ral,nnrrt lr h.fr,,udmar ChM GaKis rn"ir %i,nal'm:Kcman Leap Crena i: rhna:hnn N.ugrcc rati: Si,nal•StrretIiyh• W—' 1 -BriarLacas optin TKhnkiaa e RanUaaiy ac tSryrwbSucclLyl: Grow Jmar e 1, man Noriega Trak SigrabSvrel light Graurdmar Narl Netlina Tian, Sgral,SvemLgh: GrouMmar e aces : iarna USA Udergrouad Ufiky Locator e t°' Raphaca Vegas Street UqM outage Chechen Proposed sub -consultants/ sub -contractors All services as outlined in the RFP will be provided and performed by Siemens as the Prime contractor. With that stated, we at Siemens do maintain relationships with numerous specialty contractors throughout the industry in order to be able to respond to our customer's needs as a complete one stop solution for all things traffic signal and street lighting related. Organizational Information Steven Teal Director of Service Michael Hutchens Operations Manager Shenoa Townsend Service Account Mana Debra McVay-Manzo Jennifer Dalby Service Coordinator Dispatcher Naim Yanie Minh Tran Christopher Slocum IMSA Level III Traffic Signal Technician Engineering Technician Field Supervisor Kevin Daxon IMSA Level III Traffic Signal Technician David Elias IMSA Level I Traffic Signal Technician 21 Additional Signal Technicians 23 Const./Auxiliary Employees (Foreman, Crane Operators, Groundsman, etc.) Exceptions At this time, Siemens takes no exceptions or has any deviations to the RFP or contract documents. Furthermore, by submitting this proposal, Siemens acknowledges concurrence with the terms of the City's sample contract agreement, which was included in the RFP documents. Company Qualification A Brief Overview of Siemens Our Past Founded by Werner Von Siemens (pictured right) in 1847, Siemens has become a global powerhouse in electronics and electrical engineering,. operating in the industry, energy and healthcare sectors. Siemens AG Berlin and Munich) entered the traffic industry market in 1924 with the implementation of the first signal system with red, yellow and green in Berlin, Germany. Innovation continued when Siemens introduced the first centrally controlled light signal system in 1926 and a tradition of developing ground -breaking technology in the traffic industry began. With its many years of presence in the world markets, Siemens Traffic Solutions possesses extensive international know-how and proven technical platforms in the areas of traffic management and guidance. Siemens entered the US transportation market in 1995 through the acquisition of two industry leaders in the United States; Eagle Traffic Control Products and Gardner Transportation Systems. In 2010 Siemens acquired Republic ITS, a U.S. leader in traffic signal and street light maintenance services in order to enhance its presence in the intelligent traffic solutions (ITS) market in the USA. With these business acquisitions, along with our extensive dealer network, Siemens Intelligent Traffic Solutions (ITS) business unit has the ability to solve traffic problems throughout the country and around the world. Our Present Siemens currently services over 10,000 traffic signalized intersections and 400,000 streetlights under long-term maintenance agreements nationwide. We are dedicated to meeting and exceeding the challenging public safety requirements associated with our industry. Siemens has been in the traffic signal maintenance industry worldwide for over 50 years. Locally, Siemens (formerly Republic ITS & Signal Maintenance, Inc.) has been in business for over 40 years servicing numerous contracts throughout the state of California. Currently, in California alone Siemens maintains intersections for over 140 agencies encompassing over 4,000 locations of various sizes from full function intersections to in -pavement flashing crosswalks and rapid flashing beacons. Our Future At Siemens, we are always looking to the future and for our ITS division, the future is bright. With infrastructure improvement being the focus for many municipal governments these days, it is imperative that Siemens stays on the cutting edge of technology in order to remain relevant. Whether the agency is looking for connected vehicle, smart street lighting solutions, service/ support contracting, ITS software and controllers or complete infrastructure management, Siemens is constantly evolving the industry. We look to the future with the foresight that can only be gained through 170 years of experience and more importantly, we aim to shape it. Our Distinct Qualifications We feel that Siemens is uniquely qualified to achieve the goals and targets that have been established by the City of Seal Beach in this RFP. There are numerous advantages to having Siemens as a partner. Among some of the most beneficial: Siemens has the largest workforce of IMSA level III Certified Traffic Wft Signal Technicians and NEC Certified Electricians in the industry. Siemens has strategically positioned local field offices with an !` abundance of inventory and technical resources. Our ability to complete entire projects in-house. Although we have many valuable external partners, we do not have to rely on consultants, outside subcontractors, or sourced project management. This improves communication, streamlines work, and eliminates unnecessary costs or delays. Siemens is able to partner with numerous manufacturers and i distributors to provide leading technologies that will deliver a product that exceeds the City of Seal Beach's expectations at an economical rate. Being part of a large, multi -national corporation provides us with the ability to finance specific strategic opportunities for our customers. We give our Customers the access to effectively track progress and manage service orders and the ability to review historical intersection information using our web -based Customer Portal. All technicians wirelessly update the street light and traffic signal database as work is performed making all information available virtual real-time. In summary, Siemens ITS is focused on delivering what cities need most today, safe, reliable infrastructure solutions. Whether you choose to commute by foot, bike, car, bus or light rail, Siemens traffic management solutions help you arrive safely, more efficiently and with less impact on the environment. Key Contact During the evaluation, if the City should have any inquiries regarding this proposal please, feel free to contact: Michael J. Hutchens 2250 Business Way Riverside, CA 92501 Office Phone (951) 784-6600 Fax (951) 784-6700 Email: michael.hutchens@siemens.com Proof of Contractors License and DIR Registration httos://www2.csl b. ca. aov/onli rieservices/CheckLicense I I/LicenseDetai I. asox?LicNum=1042278 Contractor's License Detail for License # 1042278 SIEMENS MOBILITY INC 1026 E LACY AVE ANAHEIM, CA 92805 Business Phone Number(714) 458-1534 Entity Corporation Issue Date 07/25/2018 Expire Date 07/31/2020 This license is current and active. All information below should be reviewed. r:1n - FI Fr`TPl1'AI Details Legal Name Registration County City License TypeMumbels) Current Status Registration Expiration Number Date Date Vie, SIEMENS M06iL11Y LNC. 1000059880 ORANGE ANAHEIM CSLI3.1042278 Active 07:30!2018 06730,2019 Primary Facilities and Staff Supporting the City of Seal Beach: If selected, all contract management, coordination and field technicians will be based out of this office: Siemens ITS Anaheim, CA Invoicing, Contract Administration and Warehouse 1026 E. Lacy Ave Anaheim, CA 92805 Phone (714) 456-9902 Fax (714) 456-9905 Our Anaheim location is located 20 miles from Seal Beach City Hall near Anaheim Stadium. The warehouse at this location stocks over $500,000.00 in inventory including new controllers, cabinets, signals, luminaries and most necessary ancillary devices. Though most of our staff keeps plenty of equipment on their trucks, if the need arises, this location can be easily accessed around the clock 365 days a year as a source of additional inventory that is readily available. We also have our Riverside Test and repair facility east of the city near the intersection of the 91 and 60 freeways, which houses another 550,000.00 in readily available equipment as an additional resource. Other Local Siemens ITS facilities. - Siemens ITS' Riverside Office Warehouse, Office, & %sting Facility 2250 Business Way Riverside, CA 92501 Phone (951) 784-6600 Fax (951) 784-6700 Siemens ITS' San Diego, CA Office Warehouse & Office 1820 John Towers Ave., Suite A EI Cajon, CA 92020 Phone (619) 562-1104 Fax (619) 562-1125 Financial Information Siemens Mobility, Inc. is a corporation, incorporated in the State of Delaware on November 29th, 2017. Siemens Intelligent Traffic Solutions (ITS) is a business unit within Siemens Industry, Inc. a subsidiary member of the Siemens AG corporate group, a multinational, multi -billion dollar company listed on the New York Stock Exchange. As such, Siemens AG files consolidated financial reports with the US Securities & Exchange Commission. A copy of Siemens, A.G. most recent annual report can be found at www.siemens.com through "Investor Relations". All required financial reports and filings are available at the SEC's website http://sec.goy/edqar.shtml. SMI and its subsidiaries are not publicly traded companies and do not release separate annual financial statements. SIEMENS I,/ -for-tife- Project Approach Our approach is simple; we work diligently with our cities to develop and evolve the systems of communication and to hone in on their needs as a customer. It is always the goal of Siemens ITS to structure our service around each individual Customer's needs. We understand that throughout the term of a contract of this type, those needs may change so we approach all of our contracts with the same simple vision; build a partnership with the City's staff and work towards achieving common goals set forth through that partnership. This is an ever evolving process and that is why we believe that the only successful route is through establishing these common goals. Our methodology and a commitment to service will be applied to every aspect of our services for the City of Seal Beach and we strive to continually evolve this concept. Response times as requested in the RFP are easily met due to the City of Seal Beach's central location to our territory here in Southern California. We have a large staff and a customer base that allows us to be near or even in the city at all times. Response times of less than one hour are commonplace with our service group and are what we strive for. These times would simply not be possible if not for the fact that we have numerous highly qualified technicians, all equipped with bucket trucks and a rolling stock of materials, working throughout the territory. In a nutshell, if we aren't already there, we are always nearby which makes the one hour as requested in the RFP very easy to accommodate. As stated above, response times are not an issue; this pertains to after-hours calls as well. All of our staff live throughout the area and take their vehicles home daily. We have numerous on-call technicians working/ available 24 hours a day. Both our standard phone lines and our toll free 1 (800) 229-6090 are answered around the clock 365 days a year. We also encourage direct contact with individuals responsible for the contract such as the technician or superintendent in the event that the city believe that information can more easily transferred. What Sets Siemens Apart Though there are many reasons we feel that we are the best choice, listed in the following pages are just some of the remaining highlights that we feel we make us the better prepared and more qualified service provider to serve the needs of the City of Seal Beach. Material Inventory Siemens maintains an extensive inventory of traffic signal and streetlight equipment including controllers, cabinets, load switches, signal heads, poles, LED indications, luminaries HPS, MH, MV LPS and LED), service enclosures, controller cabinets and other miscellaneous parts. This extensive inventory combined with our vast experience and testing facilities enable Siemens to repair or replace damaged equipment expeditiously and professionally. Siemens employees will be equipped with all spare parts necessary to place a signal system back in operation for all trouble calls, including sensing devices for induction loop detectors. No permanent or temporary change of controller mechanisms will be done without prior approval of the City except in case of an emergency. Siemens will notify the City that the equipment was removed and replaced with approved spare equipment. Inventory levels are maintained in order to accommodate each individual Customer's needs. Siemens continually monitors and modifies inventory levels as required by current maintenance and repair. Reporting and Record Keeping Detailed Billing/Activity Reports In addition to our Customer Portal, Which will be outlined in the coming pages, the City will receive a detailed billing report on or before the 15th day for the prior month. Each invoice will lists the description, response, caller information, and the labor, equipment and materials billed for each location. ti O' I OrYA1AOYrr I rwwaw Dab C001pleteM F0.14AR/1E12M6 01:00 Work Older IF 600276410E DeW MOW Req. 3601177167 DesalpUW IEC POLE KD ' CALLER PD Re$W—: REMOVED DAMAGED E0IUPIENT. DRLUM a MSTALUW MEIN W POLE. TM. TM 3 EEC. PV HEAD E VbTT H AMWIN LENEE6. 2 R. 2 Y a 2 a PV I=& COUNT -DOWN COMO IM LED. RE -USM PEDIEAD i PM ASW. RMACED PPB AND DMECTIONAL PIJITE OLD EM VAROff PROGRAM YELL FOLOw UP WRN sALL LHIEEE a PROGRAM som F CRY wAnT THEM PRoaRAIB6I:D. lion: Oty and Unet Cost Extra Routrw Marx ELECTRICIAN RT 12 000 H it PeF H S $ 0.00 ELECTRKUN OT 8.000 H a pet H $ SO -00 ELECTRICIAII PT 6 000 H a pef H $ $ 0.00 SERVICE SOCKET TRUCK 26 000 H M oer H S 90.00 Trial S i 0.00 rnear a s o 0o11 s Intersection Records We will maintain permanent service records at each signalized intersection documenting all preventative maintenance visits, as well as all ongoing work, operations and hardware malfunctions, repairs and configuration work. An example of our cabinet log (intersection record) is below: SIEMENS CABINET LOO Testing Services Our laboratories specialize in controller and cabinet system testing and support services including, but not limited to conflict monitor testing and certification. Siemens' local testing facility is located in Riverside, California. Our facility have the ability to test and certify more than five (5) TS -1 or TS -2 Type control cabinet assemblies simultaneously. Our laboratory has all tools and spare parts available to allow our lab technicians to troubleshoot, test and repair typical traffic signal controllers and apparatus as long as it's found to be both economically and time wise beneficial to the City. Our facilities service all types and brands of traffic signal control equipment including Caltrans Standard, NEMA TS -1 and TS -2 and ITS equipment. Siemens's laboratory personnel include degreed IMSA certified traffic signal technicians and certified Electricians. Our Field technicians perform all traffic signal related tasks with decades of cumulative traffic signal test and repair experience. Fiber Optic Repair, Installation, Maintenance Services Siemens has a dedicated fiber optic placement, troubleshooting, and emergency repair team available for the City of Seal Beach. The team is fully equipped to perform OTDR testing, troubleshooting, fusion splicing, and any documentation needs for the City. Siemens' fiber optic team was responsible for successfully upgrading all CCN cameras and bringing in the fiber optic infrastructure into the new Caltrans District 8 Traffic Management Center in San Bernardino. USA Dig Alert Siemens has in-house underground utility locators that will respond to all Underground Service Alert USA) requests/notices or at the request of City staff for the marking and protection of traffic signal underground facilities such as traffic signal and electrical conduits, interconnect facilities, loops, street light conduits, and other appurtenant equipment which may conflict with other right-of-way construction or repairs. Our technicians are equipped and certified with the proper locating devices provided by Metrotech. Communication and Teamwork At Siemens, we are your partner. Our project management team as well as our field personnel will be constantly communicating with the City representatives and we will follow all communication/notification requirements as set forth and agreed upon. Routine monthly meetings will be key to ensure that everyone is on the same page, not only for system status but to make sure that we are on track with the City's budget and that we are serving the citizens of the City of Seal Beach to the highest level possible. Siemens employees working for the City will be equipped with any necessary communication devices in order to keep our City liaison(s) informed at all times. Currently, all of our staff is outfitted with an Android device that will enable them to send, and receive real-time information as well as text, email and phone capabilities. Siemens recognizes that speed, efficiency, and comprehensive service are the keys to customer satisfaction in our industry. With this in mind, we are constantly seeking innovative ways to improve our service delivery. We have developed an in-house suite of applications that represent what we believe to be the forefront of customer account management and maintenance tracking in our industry. Customer Portal (Traffic Signal Service Management System) Another form of communication is our web -based management system where our technicians transmit all service information in real time. This is included with all of our maintenance offerings at no additional charge. D The Siemens Customer Service Portal gives our Customer access to tyl lm reel-brne status u( routine meintenanee and servicr'dit, I ncalmn hictoty Isnrt/ iltrr by data. Iptatinn all type Mc.) Overall histfnicat n—itelance end el data. R-I-b-eywpruenl urven(oiic s. map, event iepu 9, AM nuoag—ot (includes dr9dal phnhxjr.g)hs. GIS data. Googly S1-0 viryr application Mc ) IWpY"r111r1WY I f•(ttrllf IAllt hie lihit,millur9 IeslNllt\t• Arlt) MI IP n dlnl llhn(e dein' III Iedl-tom bad( to ouv order management system usinq tablets/chrome books. p Mhiuge Irialmdl (lm' Is distill warehnlne M- stock availability.. material ordering. truck to truck transfers. etc.) G This software also allows us to monitoi many key performance items such as time arrived onsite. time or completion. y._ nihterials used. and vehicle/equipment used. The contractual scope or work and all nalllterid(Ke activities are also avallable for le( I u rdn, to revim Ill oidel til rmulr all tasks die, (trupletHl wdthn liw specified timeframe. Technician Facing Application "mCompanion" Siemens utilizes a proprietary management system that we refer to as mCompanion. This software is used to dispatch work orders and to track the progress of all work. Our technicians are now transmitting service response items (preventative maintenance, emergency calls, scheduled extraordinary repairs, etc.) in real-time back to our traffic signal maintenance and management system using a handheld device. This allows our customers to view all work orders in real time through our Customer Portal. This software also allows us to monitor many key performance items such as time arrived onsite, time of completion, materials used, and vehicle/equipment used. This information is then pulled into our internal processing system which features a secure web portal that the City can access in order to obtain progress on technician work for call outs and maintenance activities as well as a list of assets, asset map, real-time status of scheduled maintenance and service request calls, history per functional location, real-time equipment inventories, maps and event reporting as well as digital photographs of equipment. Detailed training of our management system is available anytime. Industry Specific Tools Siemens owns the following equipment used for various ITS components: Two ATSI PCMT 8000 Conflict Monitor (CMU) and Malfunction Certification Unit Two ATSI PCMT 2600 Conflict Monitor (CMU) and Malfunction Certification Unit Fiber Optic Fusion Splicer w/ Cleaver OTDR Tester LED lumens Testers/various brands Multiple Metrotech Underground Locators (USA Dig Alert) Monitor (MMU) Test and Monitor (MMU) Test and Vehicles & Equipment Siemens owns and operates approximately 100 service vehicles of various types and sizes in the State of California. The bulk of which is located in Southern California. All technicians are assigned vehicles which are taken home daily in order to ensure rapid response in case of emergency. To help ensure safety, Siemens uses hydraulic bucket trucks with aerial lifts which are OSHA approved, inspected and certified as required by law. All drivers are trained through the Sentry Program for Insulated Devices. In addition to bucket trucks, Siemens also owns many construction vehicles towable arrow boards, towable air compressors, towable changeable message signs, Bobcat with auger & backhoe attachments, all required hand tools, and many other items for maintenance and construction. The list below shows our fleet in Southern California and its respective proximity from the city of Seal Beach. Siemens Vehicles and Equipment Minh Tran V3051 aD71 fiord WKkup Matthew HLAs V061 2114 Ram Pid w Kevin Duan V079 2017 ford 45' 7nealatied Bucket Trick 7 . Francisco Akrarado V078 2117 ford 45' Insulated Bucket Truk a ax,s w Flom Vane S7-4157 0586 3=7 Ford k45' kwJiamed Bucket Truck Rodrigo Gonzalez V050 2013 Ford Eaandene Val u ': '` Benpimn P%fts 77-34297M 20r,, Fail Q Imudaeed Bucket Truck Wlilk am Extunaun W4 2117 Fwd 45' kmAaWd Bucket Truk a David Elias S7 -167U 358 2011 Cadge 40' taped Bucket Truck s Alberto Rarnir¢ VW 3117 Fwd 45' Bnsuiaeed Bucket Truck OwiskWher Franco V083 3112' Ford 45' IrWated Bucket Trus. J „ Jorge L ora tiano V0B1 3117 Ford 4S' Lrs flamed Bucket Truk NeWe Ramos g, 47-22406942 2ri2 Ford 4Z' 7nsulaeed Bucket Truck Samson Monte VW 2117 Fwd 45' kwuiamed Bucket Truck Tmnadny %APaBkw V075 ZM7, Ford 45' Irisuitotad Bucket True Brandon Mddt S7 -1617U-7362111 Dodge 40' Non-Irmilamed Bucket Truck GabrW Knutson VOBS 3117 Ford 45' Lreuhoed Bucket Truck Ben tnkken 47-193223.99 2111 Ford 40' Marr9rmallaeed Bucket Truck: i Gerardo Anguiano V0 Ci 3117 Fwd 45' Irrs<Aaoed Bucket Truck En>K)dwCdvsrpes S7, 211r Fard 40'NanllretfaoedBucketTruckBucket Linda Mcneill S7-20910286 2012 Fwd 42' Ireurlamed Bucket Truck e Micheal Ortega V0T 2017 Ford 45' Ir"ned Bucket Truck Dennis Kyle 57-1671.1733 2111 Dodge 40' Non4mullated Bucket Truck Yolanda Begarano V197PK 2009 Ford Eaonoline Van Qnistophet Slocum V019 2017o Ford 45' ?reulated Bucket Truck Cow Landis V059 3117 Ford 45' Insulated Bucket Truck Son Le S7-20910.90 2117 Ford 41. Irtudaoed Bucket Truk Nadory Baker 57-27077547 4713 Ilam 41.IrtsulatedBucket Tack W Willis 57-41570570 2016 ford 42' ln%Aated Bucket Truck Tmodry Kasman V070 2017 lard 45' rWated Bucket Truck David MoGno V037 2112 Ford Utiky Cormuction Service Truck Pedro Yanez V3060 2011 Ford Wky/Consnuction Service Truk Cecil Terry Jr. V034 2012 Ford UnkyiConsuucdon Service Truck Crag Yanes V015 2011 Fwd Uuity/Carntrkcoon Service Truck Hugo Munoz V026 2012 Ford Utikty/Conkstrucoon Service Truck Chad Newton V036 2012 Ford UOlityr'Conmkuowr Service Truck 1ohnadwn Burgess VW22 2009 Cher Utiiityl Cost Truck Jose Robles Herrera 57-39702400 2016 Ram 45' Insulated Bucket Truck Olsen Garcia V031 2012 Fwd Utility/Construction Service Truck Casey GarciaV251SZ 2012 Chev Service Truck Mark Medina V3054 2011 Ford Pickup Michael De La Riva V3052 2109 Ford 40' Non4nsulated Bucket Truck Additional/Pooled Vehicles is • No. Nr Mak*_ CA NRFl-0915 rrsr VO93 2016 Ford 4 Yard Dump Truck CA 37946C2 VO52 2014 Freightliner Crane Track CA 41167M1 V3O63 2011 Ford Pickup Truck CA 89537C1 V3O64 2011 Ford Pickup Truck CA 449321-1 VO23 2005 Ford 3 Yard Dump Truck CA 7R94547 V1O33 2002 GMC 7 Yard Dump Trick CA 7A5254S 57-20910295 2012 Ford 42' Non Insulated Bucket Truck CA NRF1-0915 47-11832323 2008 Ford Utility/Construction Service Truck IN 1093034 Available Constriction Equipment ABS88 2014 Arrow Board (Towable) CA NRFl-0915 CC51 2011 GP Concrete Saw (Circle Saw) N/A TR311 2004 MLBLT Trailer CA 4KE1864 ABS84 2014 Changeable Message Sign (Towable) TBD ABS87 2014 lChangeable Message Sign (Towable) TBD HM341 2000 Crafco Hot Melt Machine TBD AC313 1999 Ingersoll Rand DP Air Compressor CA SE618O73 AB321 1999 Allmand 25 Lamp SP Arrowboard (Towable) TBD TR511 1980 Cable Trailer CA 2FL48O3 M311 2009 Cimline Loop Sealing Hot Melt Machine CA SE56O124 VAC311 2009 Ditch Witch 8OO9al Vacuum (Towable) CA 4LE8242 AC312 2008 Airman DP Air Compressor (Towable) TBD TR315 2007 Zieman 1170 Tilt Deck Trailer CA 4JE2941 ACO6O131 2007 Sullair Air Compressor (Towable) CA SE6O0037 TR312 2007 Individual Conductor (Wire) Trailer CA 4FU2198 AC29OO18 2007 Sullair Air Compressor (Towable) CA SE6O0038 AC321 2006 Sullair Air Compressor (Towable) CA SE6O0034 AB312 2006 Allmand 25 Lamp SP Arrowboard (Towable) CA SE613989 AC341 2005 Ingersoll Rand DP Air Compressor CA SE6OOO22 gid' VS 1800-LiGHTS ON I Why Choose Siemens? At Siemens ITS, we feel that we are uniquely qualified to achieve the goals and targets that have been established by the City of Seal Beach in this RFP. There are numerous advantages to having Siemens as a partner. Among the most beneficial: Our experience, a GLLIFORMA REPUKIC Siemens ITS continues to successfully execute long term service agreements in over 200 communities nationwide, which include maintenance programs for: 10,000 Signalized Intersections. 400,000 Streetlights. 600 callboxes. In California, Siemens ITS maintains traffic signals and street lighting for 115 communities, encompassing: 4,000 signalized locations 40,000 streetlights. As the leader in the private traffic signal and streetlight maintenance industry in the United States, Siemens ITS is able to provide unparalleled expertise and outstanding value in traffic signal and street lighting related services. Among the most beneficial: Siemens has the largest workforce of IMSA level III Certified Technicians and NEC Certified Electricians in the industry. In addition, Siemens employs a wealth of key construction personnel for major repairs, dedicated utility locators for underground service alert (USA) Dig Alert service and Corning certified fiber optic technicians. Siemens has strategically positioned local field offices with an abundance of inventory and technical resources. Our ability to complete entire projects in-house. Although we have many valuable external partners, we do not have to rely on consultants, outside sub -contractors, or sourced project management. This improves communication, streamlines work, and eliminates unnecessary costs or delays. We give our Customers the access to effectively track progress and manage service orders and the ability to review historical intersection information using our web -based Customer Portal. All technicians wirelessly update the street light and traffic signal database as work is performed making all information available virtually real time. In conclusion, Siemens ITS is focused on delivering what your city needs the most today; safe, reliable infrastructure solutions that help decrease costs, increase revenue, and have a positive environmental impact for the city of Seal Beach and its residents. Whether you choose to commute by foot, bike, car, bus or light rail, Siemens traffic management solutions can help you arrive safely, more efficiently and with less impact on the environment. References References/Recent Project History Siemens has been extremely successful in retaining traffic signal, streetlight, and engineering customers due to our desire to offer the best possible customer service. We have an exemplary customer service track -record highlighted by our well-qualified field personnel, knowledgeable customer service representatives, and proprietary detailed monthly reports. We understand what is required to maintain a community's infrastructure and strive to exceed our customer's expectations. 201 1 - CA 91w CA Wolf 31 3231 21 iIS(II M. TA F1 CA 92— E --A11111 CA I— A 9-13 1 Dj- a-gart 1 — 1 84 71-411-1. C. Add— To..Cw.* Amb" 0`11 .i l—, C. —33 1. N— i. (,y If 15900 f M— S,,-- I Ile 1 OF L, %-1, CA 911- 491 1 0 1-1 0 C, 1— o s,", I. Qll.— 1 —2— MAP Ien—e 5 1 1-17 All 10 111 C-1 V , Pk I g—, N W y w A 12617 9-9 A W26S M., 11, d A, I M77-7 A-- I M—ml, CA 910 16 1— W— —, — M.—a—, CA ;— I 7. ...-N A.. M-- 1 11 I A iio? I 81 33W N plq 8 A C l, 11 — W4 0-o-9 S28U XW.— 9—h CA 92 3 N,.—' —0, C ly f I 1 Aq 91 1121 N—I 1A ?— 11.1 W, ", — 11. .; I A- T H, &Y- C— B 110 567. 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T.. 1 824 1%7 d Is, I—, I A, A- M, 2 9-9 OF XNAff US I Owl" 220 T81 OF XNAff US Insurance Requirements Siemens Mobility, Inc. plans to fully intend to comply with the insurance requirements set forth in the RFP, should we be awarded the contract. Please see sample Insurance Certificate below: Sealed Fee Proposal As requested in the RFP, we have placed the Sealed Proposal Fee in a separate sealed envelope, which is clearly labeled "Sealed Fee Proposal" with our company's name and project title. SIEMENS City of Seal Beach Traffic Signal Maintenance Services Project Cost Schedule 1. Routine Maintenance Item Description: unit amwitkV Ufa TOW Pift T Monthly Traffic Signal Maintenance EA 22 $75.50 $1,661.00 $19,932.00 Monthly Flash Beacon Maintenance EA 5 $35.00 $175.00 $2,100.00 Total $22,032.00 U. Direct Labor Rates Item **$Cdoon unit RqwA0fWe Service Truck HR Operations Superintendent HR 70.00 70.00 70.00 Foreman HR 120.00 150.00 178.00 Traffic Signal Technician HR 115.00 140.00 167.00 Streetlight Technician HR 105.00 124.00 143.00 Utility Technician HR 115.00 140.00 167.00 Groundsman I HR 100.00 140.00 140.00 Lab Technician HR 85.00 1 85.00 85.00 Engineering/Systems Technician HR 120.00 1 150.00 178.00 Regular time hours are Monday -Friday 7:30AM-4:30PM (excluding Holidays) Overtime hours are Monday to Friday 4:30PM- 07:30AM, Weekends and Holidays 111. Equipment Rates IV. Extraordinary Maintenance 1 Unit.' U Service Truck HR 25.00 Bucket Truck HR 28.00 Crane Truck HR 55.00 Towable Air Compressor HR 5.00 Towable Arrow Board HR 5.00 IV. Extraordinary Maintenance 1 Unit.' U Underground Services Alert (USA) Locate/Markout Services HR 132.12 Install 6' Dia Circular Type E Loop (1-4 loops) EA 500.83 Install 6' Dia Circular Type E Loop (5 or More loops) EA 427.43 Cabinet Testing EA 880.83 V. Material Item oet6riptkm Unit . Unitl:] Material Mark-up will be Invoice Cost Plus 15% SIEMENS I CSL-LGATTON ONLY APPI_IE:S T'O SIFMH:NS MOBILITY, INC. ALI GONTRAGT'S, BIDS, CERTIFICATES, AFFIDAVITS OR ANCILLARY DOGUMENTS '1'0 BE SIGNED ON BEHALF OF SIEMENS INDUSTRY, INC. MUST BE SIGNED BY MARC BUNCHER AND MARSHA SMITH WITHOUT EXCEPTION DELEGATION OF APPROVAL AUTHORITY FROM CEO MARC BUNCHER AND CFO MARSHA SMITH Mobility Management Rolling Stock Intelligent Traffic Systems Turnkey Projects & Electrification Customer Services SIEMENS MOBILITY, INC. A. The undersigned Marc Buncher, CEO and Marsha Smith, CFO of the Siemens Mobility, Inc. (the Corporation"), a corporation duly organized and existing under the laws of the State of Delaware, by virtue of the authority vested as CEO and CFO to sign or countersign and otherwise execute in the name, or on behalf of the Corporation, any bids, projects, contracts, agreements and any certificates, affidavits or ancillary documents in connection therewith to the extent the foregoing instruments and are consistent with the limits of authority granted under LoA guidelines and grants of release for and on behalf of the Corporation, do hereby delegate to and acknowledge that the following person(s) may exercise such authority for and on our behalf up to $10 million. AUTHORIZED SIGNATORIES Business Operations Name/Position Finance/Central Support Function Name/Position John Paljug VP—MM Stefan Heckrath Senior Director, FBA — MM Michael Cahill VP — RS Christopher Halleus Senior Director, FBA — RS Robin Stimson VP — RS MK&S James Thornton Head of Procurement — MO Andreas Thon VP — TPE Michael Tyler Senior Director, FBA — CS Marcus Welz VP — ITS Miriam Scheer Senior Director, FBA — TPE David Buchfuehrer Senior Director, FBA — ITS SIEMENS B. It is further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name or on behalf of the Corporation the same documents as referenced in paragraph A, up to and including a transactional limit of $5 million. Any such delegation extends to but is limited to the same scope, documents and subject matter as referenced and granted in paragraph A, limited to the monetary amount stated in this paragraph. AUTHORIZED SIGNATORIES Business Operations Finance/Central Support Function Name/Position Name/Position Douglas Dreisbach Nick D'Alessandro Director, Projects — MM Controller, Products & Freight Engineering Carrie Hernandez Director, RS SPR MM Stephan Klein, Jessica Shaiegan SeniorProjectDirector — MM Director Procurement — MM Steve Gitkin Valerie Conway Sales Director - ITS Senior Director, RS SPR David Gutierrez Thomas Wiechert Director, RS LR Director RS LR Luis Tondi Resta Dariusz Chrominski Director Products — MM Director RS LM Armin Kick Thomas Glafenhein VP — LM & HI Director, RS SC BG & RS TD Omid Akbarzadeh-Paydar Kim Swain Director, RS SC BG Director, RS CRC & LM Raymond Ginnell Angel Acuna-Siler VP — RS CRC Director FBA Projects — MM Mike Nolan Matthew Rumbold Director, Sales — MM Manager, Procurement — CS Laura Coates General Manager, RS TD C. It is further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name, or on behalf of the Corporation, the same documents as referenced in paragraph A, up to and including a transactional limit of $3 million. Any such delegation extends to but is limited to the same scope, documents and subject matter as referenced and granted in paragraph A, limited to the monetary amount stated in this paragraph. AUTHORIZED SIGNATORIES Business Operations Name/Position Finance/Central Support Function Name/Position Tony Ritter Director, CS Nikki Bassi Director RS Reiner Martin Director CS Cathie Steele Director, CS LR & MM Mark Bennett VP, Operations RS Carrie Hernandez Director, RS SPR David Hart Manager, TPE Michelle Picard Director, RS Cesar Losada Director, CS Matthaeus Decker Manager, RS SPR Goutham Lingannagari Director, Bid & Project Management — ITS Craig Debevoise Projects Commercial, ITS Simon Davidoff Director, Data Services — CS David Anderson Project Procurement Manager, TPE Steve Teal Director, ITS Service Rudolf Wagner Performance Controlling, MO 2 SIEMENS Jeb A. Echols Warren Openshaw Manager, Project Estimating — MM Director, Plaffqtiqns BA, RS Paul Aichholzer Natalie Liggett Director, Projects, RS CRC & LM Sr. Commercial Project Manager, MM Rodrigo Resende Astig Arakelian Business Development Professional, TPE Real Estate, MO Benjamin Kotze Angela Maria De Paiva Delicado Head of Engineering, TPE Finance Manager, REM Americas Gary O'Brien Constanze Kutschki Head of REM Americas Manager, RS SPR D. It is further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name, or on behalf of the Corporation, the same documents as referenced in paragraph A, up to and including a transactional limit of $1 million. Any such delegation extends to but is limited to the same scope, documents and subject matter as referenced and granted in paragraph A, limited to the monetary amount stated in this paragraph. AUTHORIZED SIGNATORIES Business Operations Finance/Central Support Function Name/PositionName/Position Paul Eliea, Tommy Charurat Director, MM Director, Performance Controlling RS David Costello, Gisela Kaufmann Director MM Controller MM Dave Jeanette Constanze Kutschki Manager, MM Manager, RS SPR Jim Lyons Ronald Staggs Sr. Manager, MM Commercial Project Manager, RS LR Jeff Balogh Mary Matos Sr. Director MM Commercial Project Manager, RS LR George Long Christine Jaw V Engineering RS Commercial Project Manager, CS Robert Martner Kavita Patel Senior Project Manager, RS LM Commercial Project Manager, CS Jeffrey Curran Christopher Smith Project Manager, RS LR Commercial Project Manager, RS LR Duane Kopp Adam Huey Project Manager, CS Commercial Project Manager, RS CRC & LM Ron VanHuuksloot Thomas Koprowski Project Manager, RS LR Commercial Project Manager, RS SC BG Thomas Stehlik David Spence Project Manager, RS ME Commercial Project Manager, ITS Viorel Aninoiu Solomon Lee Project Manager, RS LR Commercial Project Manager, MM Carsten Nebe David Sarles Project Manager, RS CRC Procurement Commodity Manager, MM Mark Anderson Stuart Adler Project Manager, CS Project Procurement Manager, MM Aaldrik Metting Joel Nielsen Project Manager, RS LR Commercial Project Mana er RS LR Chander Khanna, James Hryniewicz Sr. Director, Manufacturing Processes Commercial Bid Manager, TPE RS Ibrahim Kalender Darla Lesnykh Project Manager, RS SC BG Commercial Project Manager, CS 3 f SIEMENS Barry Sidler Donna Lam Program Manager, CS Commercial Project Manager, RS CRC Luis Correia Noureann Mitchell Project Manager, CS Procurement Project Manager, ITS Michael Hutchens Rosa Baquero Operations Manager, ITS Commercial Project Manager, Field Services RS William Tucker Sarah Jenik Operations Manager, ITS Commercial Support, CS Gerhard Leitner David Michna Field Engineering Management, CS Commercial Project Manager, CS Ivan Bukin Peter Silberhorn Project Manager, CS Commercial Project Manager, RS CRC & ME Kevin McGrew Lars Volger Director, Quality RS Commercial Project Manager, MM Jamil Nasr Tien Pham Engineering Director MM Commercial Project Manager, CS Ben Linden Liam Nelson Senior Director Carborne Engineering, Commercial Project Manager, TPE MM Christopher Hammett Marcin Szczapa Project Manager, TPE Commercial Project Manager, CS Abhinav Mitra Clive Lepper Project Manager, TPE Commercial Project Manager, RS LR Matthew Thomas Michael Keats Project Manager, CS Commercial Project Manager, TPE Mason Boswell Noe Padilla Project Manager, RS LR Commercial Project Manager, TPE Mark Godsey Nishant D'Sa Project Manager, TPE Commercial Project Manager, MM Shawn McCuaig Lauren Westfall Director, Field Services RS Commercial Project Manager, MM Evgeny Inozemtsev Lisa Cams Project Manager, RS SC BG Commercial Project Manager, MM Francois -Xavier Beau Angela Hunter Project Director, MM Commercial Project Manager, MM Jacob Street Michelle Hillen Project Manager, MM Commercial Project Manager, MM Michael Carlo Anchal Bansal Project Manager, RS LR Commercial Project Manager, ITS Rolf Neuhaus Claudia Thiele Project Manager, RS CRC Commercial Project Manager, ITS Hany Gadalla Karlene Keene Project Manager, TPE Controlling,RS TD Dave Kost Rogerio Lavieri Production Manager, TPE Commercial Project Manager, RS LM Nicholas Corley Varnnaphapar Mekwattana Warehouse Manager, TPE Commercial Project Manager, RS SC BG Tony Abboreno Olga Fedorov Project Manager, TPE Commercial Project Manager, CS Eddie Urioste Stefan Brown Project Manager, TPE Commercial Project Manager, TPE Erik Schildknecht Yasmine Forghani Project Manager, CS Commercial Project Manager, RS LM _ Jon Aliason Tatiana Simonchik Project Manager, CS Commercial Project Manager, RS LM SIEMENS Malte Schierwater Charles Hollman Project Manager, RS LM Commercial Project Manager, RS LR Timothy Ferguson Stefan Hagl Head of Operations, RS TD ____ Project Procurement Manager, TPE Clint Schuckel Operations Manager, ITS Laryssa Parker Head of Digital Lab, ITS Charles Bell Project Manager, RS LR Nathan Kalesnikoff Project Manager — Bids & Proposals, TPE Jonathan Vann Project Manager, TPE Alejandro Sierra Project Manager, TPE Nils Soyke Head of Bid Management, ITS Del Nichols Director, PLM/R&D — ITS Bryce Dudgeon Project Manager, RS CRC E. It is further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name, or on behalf of the Corporation, the same documents as they are referenced in paragraph A, up to and including a transactional limit of $250 thousand. Any such delegation extends to but is limited to the same scope, documents and subject matter as referenced and granted in paragraph A, limited to the monetary amount stated in this paragraph. AUTHORIZED SIGNATORIES Business Operations Name/Position Finance/Central Support Function Name/Position Diana Johnson Bid Manager, ITS John Billings Bid Manager, ITS David Love Sales Manager, ITS Robert Paquette Sales Manager, ITS Stefan Kraemer Business Developer, RS TD F. It is further acknowledged that each of the signatures of the persons referred to in paragraphs A, B, C, D, and E are binding upon the Corporation. G. It is further acknowledged that any document shall require the signature of two (2) of the above Authorized Signatories, one each from Business Operations and from Finance/Central Support Functions, whom shall have the requisite signature authority to be legally binding upon the Corporation. H. It is further acknowledged that each of the persons referred to herein is authorized to delegate such person's authority hereunder to additional members of his or her management team up to the limit of such person's delegation of authority, provided that such delegation is in written form signed by the delegator and filed with the Legal Department. I. It is further acknowledged that the Secretary or an Assistant Secretary of the Corporation is authorized to issue certifications attesting to the incumbency, authority and status of any of the persons referred to in this resolution. IN WITNESS WHEREOF, we have hereunto subscribed our names and affixed the corporate seal of the said Corporation, as of the 1s' day of March, 2019. Marc Buncher CEO Siemens Mobility, Inc. Marsha Smith CFO Siemens Mobility, Inc. SIEMENS 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, Contractor acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those Services that are "public works", Contractor shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Contractor shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Contractor or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Contractor's Services are subject to compliance monitoring and enforcement by DIR. Contractor shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement. 6. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Contractor shall, as a penalty to City, forfeit 200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. 7. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. 8. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. Contractor shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Contractor and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Contractor or any subcontractor becomes debarred or suspended during the duration of the project, Contractor shall immediately notify City. 10. Contractor acknowledges that eight hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code sSection 1815, work performed by employees of Contractor in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 12. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor's expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Contractor under this Section shall survive the termination of the Agreement. a coRO®CERTIFICATE OF LIABILITY INSURANCE DA/DD/YYYY) os/05/20/osnols 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER MARSH USA, INC. 445 SOUTH STREET MORRISTOWN, NJ 07960-6454 CONTACT P NE.Iac No): E-MAILADDRESS: INSURERS AFFORDING COVERAGE NAIC # X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR INSURER A: HDI Global Insurance Company 41343100129-MOBI-18/19 REPUB Sachs 1185 INSURED SIEMENS MOBILITY, INC. INSURER B : Travelers Property Casualty Co. of America 25674 INSURER C : The Travelers Indemnity Company 25658170WOODAVENUESOUTH ISELIN, NJ 08830 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NIJMRFR- NYC-00903f139R-31 RFVICIAN NIIMRFR• 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 CONTRACT OR 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. INSLTR TYPE OF INSURANCE AD L U R POLICY NUMBER MM/ DDYLICY EFF M°D/ EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR Manashi Mukhedee -_1A.oLuok0" GLD11101-10 10/01/2018 10/01/2019 EACH OCCURRENCE $ 1,000,000 MAGE TO RENTE PREMISES Ea occurrence $ DA 1,000,000 MED EXP (Any one person) $ 100,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY F—] JEOT [::] LOC GENERAL AGGREGATE $ 10,000,000 PRODUCTS - COMP/OP AGG $ INCL OTHER: B AUTOMOBILE LIABILITY T= -CAP -7440L30-18 10/01/2018 10/01/2019 COMBINED SINGLE LIMIT $ 2000 000Eaaccident X ANY AUTO BODILY INJURY (Per person) $ N/A X OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident) $ N/A X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY PROPERT'YDAMAGE $ N/APeraccident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LiAB CLAIMS -MADE AGGREGATE $ DED I I RETENTION $ B C B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A TC2J-UB-8049X508-18 (AOS) TRK-UB-8049X51A-18 (AZ,MA,OR,WI) TWXJ-UB-744OL338-18 (OH & WA) 5500K LIMIT/ $500K SIR""' 10101/2018 10/01/2018 10101/2019 10/0112019 10/01/2019 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) RE: ALL OPERATIONS OF THE NAMED INSURED. CITY OF SEAL BEACH, ITS ELECTED OFFICIAL, OFFICERS, EMPLOYEES AND AGENTS ARE HEREBY ADDITIONAL INSURED AS OBLIGATED UNDER CONTRACT UNDER THE REFERENCED GENERAL LIABILITY AND AUTOMOBILE LIABILITY INSURANCE POLICIES. COMPLETED OPERATIONS COVERAGE IS INCLUDED IN THE GENERAL LIABILITY POLICY. WAIVER OF SUBROGATION IS EFFECTUAL 1,000,000 PROFESSIONAL LIABILITY IS INCLUDED UNDER THE GENERAL LIABILITY POLICY. CERTIFICATE HOLDER (_AWCFI I ATInW CITY OF SEAL BEACH 211 8TH STREET SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE SEAL BEACH, CA 90740 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukhedee -_1A.oLuok0" 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: GLD11101-10 COMMERCIAL GENERAL LIABILITY CG 20 10 11 85 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Any Person or Organization Required by a Written Contract If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section ll) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of 'Your work" for that insured by or for you. It is agreed that this insurance maintained pursuant to the written contract agreements shall be primary to, and not contribute with any insurance or self-insurance maintained by the above, but only with respect to work performed by or on behalf of the Named Insured. CG 20 10 11 86 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 TRAVELERS WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 0313 (00) - POLICY NUMBER: (TC2JUB-8049XSo-8-18) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHOM A WAIVER OF SUBROGATION IS REQUIRED BY CONTRACT OR AGREEMENT OR PERMIT, BUT COVERAGE IS LIMITED TO THE SCOPE OF THE WORK PERFORMED BY THE INSURED UNDER SUCH CONTRACT, AGREEMENT OR PERMIT. DATE OF ISSUE: 09-07-18 ST ASSIGN: COMMERCIAL AUTO POLICY NUMBER: TC2J-CAP-7440L34A-TIL-18 ISSUE DATE: 09-07-18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following.- AUTO ollowing: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage pro- vided in the Coverage Form. SCHEDULE Name Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION WHOM YOU HAVE AGREED TO ADD AS ADDITIONAL INSURED, BUT ONLY TO COVERAGE AND MINIMUM LIMITS REQUIRED IN A WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provi- sion contained in Paragraph A.I. of Section II - Cov- ered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2, of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 4810 13 0 Insurance Services Office, Inc., 2011 Page 1 of 1 Agenda Item H AGENDA STAFF REPORT DATE:July 28, 2025 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Second Amendment to the Water Conservation Participation Agreement with Municipal Water District of Orange County for Water Conservation Participation ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7674 authorizing the City Manager to execute the Second Amendment to the Water Conservation Participation Agreement with the Municipal Water District of Orange County. BACKGROUND AND ANALYSIS: The Municipal Water District of Orange County (MWDOC) provides wholesale imported water to the City of Seal Beach and 26 other Member Agencies throughout Orange County. In addition to its core responsibility of securing a reliable regional water supply, MWDOC offers a range of support services that include regional water planning, emergency preparedness coordination, legislative and regulatory advocacy, and public education. The development and implementation of comprehensive water use efficiency and conservation programs are included within their scope of available support services. The Metropolitan Water District of Southern California’s (Metropolitan) Conservation Credit Program (Program) is the foundational source of funding for MWDOC’s water use efficiency incentive programs. In June 2006, Metropolitan and MWDOC entered into two (2) Water Conservation Funding Agreements - one for Residential Programs and the other for Commercial, Industrial, and Institutional (CII) Programs (Metropolitan Agreements) - to access Metropolitan’s Program funding. The term of the Metropolitan Agreements, which expired on June 30, 2025, have been extended for an additional ten (10) years, through June 30, 2035. MWDOC’s own Water Conservation Participation Agreement (MWDOC Agreement) with its Member Agencies also expired on June 30, 2025, and similarly Page 2 2 1 0 2 requires its own ten-year extension through June 30, 2035. Originally developed in June 2015, the MWDOC Agreement established individual agreements with each Member Agency to facilitate access to MWDOC’s water use efficiency programs and associated funding. The MWDOC Agreement serves as a conduit for passing through the terms and conditions of the Metropolitan Agreements while incorporating MWDOC-specific provisions, such as Shared Services Program and grant funding, within a single, ten-year master agreement. MWDOC’s residential and CII water use efficiency programs include a variety of incentives to promote water conservation. These include the installation of indoor and outdoor water-efficient devices, such as high-efficiency toilets, smart irrigation controllers, and spray-to-drip irrigation, as well as water-efficient yard transformations like turf replacement. These programs are administered by MWDOC and are made available to most customers throughout MWDOC’s service area. While many of the programs are available without requiring action from Member Agencies, participation in certain large-scale programs, such as turf replacement and spray-to-drip irrigation conversions, does require Member Agencies to actively elect to participate. Participation in these types of programs is entirely voluntary, allowing each agency to select the programs that align best with their community needs and conservation objectives. MWDOC coordinates annually with participating Member Agencies to develop a program budget, and agencies are only invoiced for the specific programs they choose to implement. The City has successfully participated in various programs over the years and is currently active in the Turf Removal and Spray-to-Drip Irrigation programs. To formalize participation, MWDOC issues annual addenda to each Member Agency. These documents specify the agency’s selected programs and, where applicable, the level of participation. Some programs also allow for supplemental agency funding beyond Metropolitan’s contributions, however, the City has not provided additional funding for these programs to date. On January 23, 2017, the City Council adopted Resolution 6710 approving the First Amendment to the MWDOC Agreement introducing several necessary revisions to the original agreement. These included updated inspection requirements for qualifying water-efficient devices and turf removal projects. The proposed Second Amendment seeks to: (1) extend the term of the agreement for an additional ten (10) years, through June 30, 2035; and (2) introduce minor revisions to the project descriptions to improve clarity and ensure the continued effectiveness and efficiency of the water use efficiency programs. 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 the approval of an agreement amendment with MWDOC will not have a significant effect on the environment. Page 3 2 1 0 2 LEGAL ANALYSIS: The City Attorney has reviewed and approved as to form. FINANCIAL IMPACT: Funding for the Water Use Efficiency Program is included in the adopted FY 2025-2026 budget, with anticipated participating expenditures totaling $8,000. MWDOC programs are funded through the Water Fund Intergovernmental account 501-500-0900-51290. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7674 authorizing the City Manager to execute the Second Amendment to the Water Conservation Participation Agreement with the Municipal Water District of Orange County. SUBMITTED BY: NOTED AND APPROVED: Iris Lee Patrick Gallegos Iris Lee, Director of Public Works Patrick Gallegos, City Manager Prepared by: Sean Sabo, Management Analyst ATTACHMENTS: A. Resolution 7674 B. Second Amendment to the Water Conservation Participation Agreement C. First Amendment to the Water Conservation Participation Agreement D. Water Conservation Participation Agreement RESOLUTION 7674 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND AMENDMENT TO THE WATER CONSERVATION PARTICIPATION AGREEMENT WITH MUNICIPAL WATER DISTRICT OF ORANGE COUNTY WHEREAS, on January 23, 2017, the City Council adopted Resolution 6710, approving the Water Conservation Participation Agreement (Agreement), dated July 1, 2015, and the First Amendment thereto, dated July 1, 2016, between the City of Seal Beach and the Municipal Water District of Orange County (Parties) for the City’s participation in certain water conservation programs; and, WHEREAS, the parties now desire to amend the Agreement to extend the contract term from June 30, 2025 to and including June 30, 2035; and, WHEREAS, the parties intend to revise the administration provisions of the Agreement, update the retention policy, and clarify the inclusion of all incentive programs as provided in the Second Amendment. NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine and order as follows: Section 1. The City Council hereby approves the Second Amendment to the Water Conservation Participation Agreement between the City of Seal Beach and Municipal Water District of Orange County attached hereto as Exhibit “B” and incorporated herein by this reference as though set forth in full. Section 2. The City Council hereby authorizes and directs the City Manager to execute the Second Amendment. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of July 2025 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Lisa Landau, 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 7674 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of July 2025. Gloria D. Harper, City Clerk Page 1 of 3 21711883.2 SECOND AMENDMENT TO WATER CONSERVATION PARTICIPATION AGREEMENT This Second Amendm ent to the W ater Conservation Participation Agreem ent (“Second Amendment”) is effective on July 1, 2025 (“Effective Date”), by and between the Municipal Water District of Orange County (“MWDOC”) and City of Seal Beach (“Participant Agency”). MWDOC and Participant Agency may be collectively referred to as “Parties” and individually as “Party.” RECITALS A. The Parties entered into a Water Conservation Participation Agreement dated July 1, 2015, regarding the Participant Agency’s participation in certain water conservation programs (“Agreement”). The Agreement was amended by the First Amendment to the Agreement ("First Amendment"). B. The Parties now intend to amend the Agreement with this Second Amendment to extend the term of the Agreement from June 30, 2025 to June 30, 2035. C. The Parties also intend to update the agreement administration and the retention policy, and to clarify the inclusion of all incentive programs as provided in the Agreement as amended. NOW, THEREFORE, the Parties agree as follows: AMENDED TERMS OF AGREEMENT 1. The following Sections of the Agreement are hereby amended and shall now read as follows: a. “1.1 This Agreement will be effective on July 1, 2015, and shall terminate on June 30, 2035 (“Term”). Continuance of this Agreement will be subject to annual budget approval by MWDOC’s Board of Directors.” b. “1.4 This Agreement encompasses multiple conservation programs that provide incentives to consumers. Addenda to this Agreement will be issued for changes involving Metropolitan and/or MWDOC Board-approved items, grant funding, and changes to incentive programs, including funding and incentive levels. All Addenda are enforced for the duration of this Agreement unless the Addenda are amended or terminated by either Party.” c. “2.2.1 Participant Agency may elect to take advantage of the MWDOC Administered Programs by having its authorized representative complete and sign Page 2 of 3 21711883.2 Addenda 3A through 3E in the spaces provided. If Participant Agency completes and signs Addenda 3A through 3E, Participant Agency agrees to be bound by the provisions of this Section 2.2, Sections 3, 5, 6, 7, and 8 of this Agreement, and Addenda 3A through 3E. If the Participant Agency does not complete, sign, and return Addenda 3A through 3E, notwithstanding any other provision of this Agreement, the Participant Agency will not be bound by Section 2.2 or the provisions in Addenda 3A through 3E.” d.“7.3 Participant Agency shall maintain all Participant Agency Administered Program information, including Participant Agency applications, water bills, and purchase receipts, for a period beginning on the date the incentive is first awarded for a given application and respective project and ending seven years later.” 2. The word “Addendums” is hereby replaced by the word “Addenda” throughout the entire Agreement. 3.Authority to enter into Second Amendment. Each Party represents that the person executing this Second Amendment has the requisite power and authority to execute the Second Amendment and to bind each respective Party. 4.Continuing Effect of Agreement. Except as amended by this Second Amendment, all other provisions of the Agreement remain in full force and effect. From and after the date of this Second Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by the First and Second Amendments. 5.Execution in Counterparts. This Second Amendment may be executed in duplicate counterparts, each of which shall be deemed an original. MWDOC and Participant Agency have each caused this Second Amendment to be executed by its duly authorized representative as of the date set forth below the authorized signature. IN WITNESS WHEREOF, the Parties hereto have executed this Second Amendment. MUNICIPAL WATER DISTRICT Approved as to Form: OF ORANGE COUNTY By: _______________________ By: _____________________ Harvey De La Torre Joseph Byrne General Manager General Counsel Date: _______________________ Date: _____________________ Page 3 of 3 21711883.2 Approved as to Form: PARTICIPANT AGENCY CITY OF SEAL BEACH By: By: ______________________ Patrick Gallegos City Manager ______________________ Nicholas Ghirelli City Attorney Date: __________________________ Date: __________________________ July 14, 2025 Agenda Item I AGENDA STAFF REPORT DATE:July 28, 2025 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Approving and Authorizing Amendment 2 to the Professional Services Agreement with EXP U.S. Services, Inc. for On-Call Professional Engineering Services ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7675: 1. Approving Amendment 2 to the Professional Services Agreement with EXP U.S. Services, Inc., dated July 22, 2019, extending the term of the Agreement for a fourth extension through and including June 30, 2026; and modifying the compensation to the cumulative not-to-exceed amount of $150,000 for the Second, Third and Fourth Extensions; and, 2. Authorizing and directing the City Manager to execute Amendment 2 to the Professional Services Agreement with EXP U.S. Services, Inc. on behalf of the City. BACKGROUND AND ANALYSIS: On July 22, 2019, City Council adopted Resolution 6934, approving a Professional Services Agreement (Agreement) between EXP U.S. Services, Inc. (EXP) and the City of Seal Beach (City) for On-Call Professional Engineering Services (Services). On July 22, 2024, the City adopted Resolution 7547, approving Amendment 1 to the Agreement for continued project design, support services, and final project close out. The City issued purchase orders to EXP for two (2) Capital Improvement Project (CIP) design services - (1) FY 2023-2024 Arterial Resurfacing Project (CIP O-ST- 3); and (2) Seal Beach Boulevard at North Gate Road Improvement Project (CIP ST2301). The projects are currently still in the final stages of construction and project close out. CIP ST2301 involves state funding and will require extensive final project reporting. The City anticipates completion for both projects in Fall 2025. Page 2 2 1 0 4 As Amendment 1 to the Agreement expired on June 30, 2025, staff is requesting to enter into Amendment 2 extending the term of the Agreement through and including June 30, 2026, to cover the remaining duration for project support services and final project close out. 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 Amendment 2 to the Agreement with EXP will not have a significant effect on the environment. LEGAL ANALYSIS: The City Attorney has reviewed the Resolution and Amendment and approved as to form. FINANCIAL IMPACT: There are no fiscal impacts related to the approval of Amendment 2 to the Agreement. Professional services will be expensed from the respective capital improvement program project budget. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7675: 1. Approving Amendment 2 to the Professional Services Agreement with EXP U.S. Services, Inc., dated July 22, 2019, extending the term of the Agreement for a fourth extension through and including June 30, 2026; and modifying the compensation to the cumulative not-to-exceed amount of $150,000 for the Second, Third and Fourth Extensions; and, 2. Authorizing and directing the City Manager to execute Amendment 2 to the Professional Services Agreement with EXP U.S. Services, Inc. on behalf of the City. Page 3 2 1 0 4 SUBMITTED BY: NOTED AND APPROVED: Iris Lee Patrick Gallegos Iris Lee, Director of Public Works Patrick Gallegos, City Manager Prepared by: David Spitz, P.E. Associate Engineer ATTACHMENTS: A. Resolution 7675 B. Amendment 2 to Professional Services Agreement with EXP U.S. Services, Inc. C.Amendment 1 to Professional Services Agreement with EXP U.S. Services, Inc. and Extension 1 and Extension 2 D. Professional Services Agreement with EXP U.S. Services, Inc. RESOLUTION 7675 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH EXP U.S. SERVICES, INC. FOR ON-CALL PROFESSIONAL ENGINEERING SERVICES WHEREAS, on July 22, 2019, the City Council adopted Resolution 6934 approving a three (3) year Professional Services Agreement (Agreement) with EXP U.S. Services, Inc. (EXP) to provide on-call professional engineering services in the amount of $300,000 for the three-year term, and authorizing the City Manager to extend the Agreement for up to two (2) additional one-year terms; and, WHEREAS, to date, the City previously exercised the Agreement’s two (2) allowable one-year term extensions and thereby extended the term to July 22, 2024; and, WHEREAS, on July 22, 2024, pursuant to Resolution 7547, the City and EXP entered into Amendment 1 to the Agreement to further extend the Agreement term for a Third Extension through June 30, 2025, for a cumulative not-to-exceed compensation of $126,417 for the Second and Third Extensions; and, WHEREAS, the City desires to amend the Agreement with EXP pursuant to Amendment 2 to extend the term for a Fourth Extension through and including June 30, 2026, and to modify the cumulative compensation for the Second, Third and Fourth Extensions, as provided therein. NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine, and order as follows: Section 1. The City Council hereby approves Amendment 2 to the Agreement dated July 22, 2019, between the City of Seal Beach and EXP U.S. Services, Inc. as previously amended by Amendment 1 on July 22, 2024, extending the Agreement’s term through and including June 30, 2026 (Fourth Extension) for additional services required in connections with Amendment 2 to the Agreement and modifying the compensation for the cumulative not-to-exceed amount of $150,000 for the Second, Third and Fourth Extensions. Section 2. The City Council hereby authorizes and directs the City Manager to execute Amendment 2. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of July 2025 by the following vote: 1 0 3 0 6 AYES: Council Members _________________________________________ NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Lisa Landau, 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 7675 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of July 2025. Gloria D. Harper, City Clerk 1 AMENDMENT 2 PROFESSIONAL SERVICES AGREEMENT for On-Call Professional Engineering Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 & EXP U.S. Services, Inc. 473 E. Carnegie Drive, Suite 200 San Bernardino, CA 92408 T (714) 423-8171 This Amendment 2 (“Second Amendment”), dated July 28, 2025, amends that certain Professional Services Agreement (“Agreement”) dated July 22, 2019, as previously extended and thereafter amended by Amendment 1 dated July 22, 2024, by and between the City of Seal Beach (“City”), a California charter city and EXP U.S. Services, Inc. (“Consultant”), a California corporation. 2 RECITALS A. City and Consultant are parties to the Agreement, pursuant to which Consultant provides professional engineering services to City. B. Effective July 22, 2019, City and Consultant entered into an agreement for Consultant to provide on-call professional engineering services for an Original Term ending July 22, 2022, for the total compensation of $300,000, with two optional one- year terms at City’s election, contingent upon satisfactory performance of Consultant. C. The Original Term was previously extended by extension letters pursuant to City’s election for an additional one-year term ending July 22, 2023 (“First Extension”), and for a second one-year term ending July 22, 2024 (Second Extension), for a total not-to-exceed amount of $100,000 for each extension. D. Effective July 22, 2024, City adopted Resolution 7547 to further extend the contract term for a Third Extension through June 30, 2025, for a cumulative not-to- exceed compensation of $126,417 for the Second and Third Extensions. E. City and Consultant wish to amend the Agreement by this Second Amendment to extend the term for a Fourth Extension through June 30, 2026, for a cumulative not-to-exceed compensation of $150,000 for the Second, Third and Fourth Extensions, on the terms and conditions provided herein. SECOND AMENDMENT NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows: Section 1. Subsection 1.1 of Section 1.0 (Scope of Services) of the Agreement is amended in its entirety to read as follows: “1.1. Subject to Subparagraphs 1.1.1 and 1.1.2, Consultant shall provide those services set forth in the attached Exhibit A, which is hereby incorporated by this reference. 1.1.1. During the Third Extension and Fourth Extension (as defined in Section 2.0), Consultant shall provide the Services set forth in Exhibit A as modified by Exhibit A-1 (Purchase Order dated July 18, 2023) (“Modified Services”), which is hereby incorporated by this reference. 1.1.2. To the extent that there is any conflict between Exhibit A, Exhibit A-1, the Agreement, Amendment 1, and Second Amendment, the provisions of this Second Amendment shall control.” 3 Section 2. Subsection 2.4 is hereby added to Section 2.0 (Term) of the Agreement to read as follows: “ 2.4. City previously extended the term of this Agreement through and including June 30, 2025 (the “Third Extension). The term of this Agreement is hereby extended from July 1, 2025 through and including June 30, 2026 (“Fourth Extension”), unless previously terminated as provided by the Agreement.” Section 3. Subparagraph 3.2.1 of Subsection 3.2 of Section 3.0 (Consultant’s Compensation) of the Agreement is hereby amended in its entirety to read as follows: “ 3.2.1. For the Modified Services performed in the Second, Third and Fourth Extensions (as defined by Section 2.0, above), City will pay Consultant in accordance with the hourly rates as shown on the fee schedule set for in Exhibits A and A-1, but in no event will the City pay more than the cumulative not-to-exceed amount of $150,000 for the Second, Third and Fourth Extensions of this Agreement.” Section 4. All references to the term “Agreement” throughout Sections 1.0 through 29.0, inclusive, of the Agreement are hereby modified to include the Agreement dated July 22, 2019, the First Extension dated August 15, 2022, the Second Extension dated June 13, 2023, Amendment 1, and this Second Amendment, as if all of those terms are fully set forth therein. Section 5. Except as expressly modified or supplemented by this Second Amendment, all other provisions of the Agreement shall remain unaltered and in full force and effect. In the event of a conflict between the provisions of this Second Amendment and the provisions of the Agreement, First Extension, Second Extension, and Amendment 1, the provisions of this Second Amendment shall control. Section 6. The persons executing this Second Amendment on behalf of Consultant warrants that he or she is each duly authorized to execute this Second Amendment on behalf of said Party and that by his or her execution, Consultant is formally bound to the provisions of this Second Amendment. [SIGNATURES ON FOLLOWING PAGE] 4 IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed and attested by their proper officers thereunto: CITY OF SEAL BEACH By: Patrick Gallegos, City Manager Attest: By: Gloria D. Harper, City Clerk Approved as to Form: By: Nicholas Ghirelli, City Attorney CONSULTANT: EXP U.S. Services, Inc. By: Name: _________________ Its: _______ By: _______ Name: Syed Raza_________________ Its: Vice President______ (Please note, two signatures required for corporations under Corp. Code §313, unless corporate documents authorize only one person to sign this Agreement on behalf of the corporation.) Abdollah Ansari Vice President Agenda Item J AGENDA STAFF REPORT DATE:July 28, 2025 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Approving and Authorizing Amendment 1 to the Adopted Seal Beach Safety Action Plan ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7676: 1. Approving Amendment 1 to the City of Seal Beach Safety Action Plan, as outlined in the Minagar Technical Memo dated June 16, 2025, to the Plan originally adopted on January 13, 2025; and, 2. Authorizing and directing the City Manager, or their designee, to incorporate Amendment 1 into the adopted Safety Action Plan. BACKGROUND AND ANALYSIS: The Bipartisan Infrastructure Law (BIL) established the new Safe Streets and Roads for All (SS4A) discretionary program with $5 billion in appropriated funds over five (5) years. The SS4A program funds regional, local, and tribal initiatives through grants to prevent roadway deaths and serious injuries. The SS4A program supports the United States Department of Transportation's (USDOT) National Roadway Safety Strategy and their goal of zero (0) roadway deaths. Additionally, the program supports the development of a comprehensive safety action plan (SAP) that identifies the most significant roadway safety concerns in a community and the implementation of projects and strategies to address roadway safety issues. On June 12, 2023, City Council adopted Resolution 7417 accepting $200,000 of grant funding, which funded the City’s SAP. On January 13, 2025, City Council accepted Resolution 7599, adopting the SAP. On March 28, 2025, USDOT issued a Notice of Funding Opportunity for FY25 SS4A Funding. The City submitted a $5.4 million SAP implementation grant Page 2 2 0 9 8 Pre-Application for USDOT’s review, which yielded two (2) comments on the existing SAP sections, specifically those related to “Section 6 - Policy and Process Changes” and “Section 8 - Progress and Transparency.” Minagar and Associates, Inc. (Minagar) has prepared a Technical Memo dated June 16, 2025 (Attachment B) that addresses the comments and elaborates on the specific topics utilizing information already provided for within other sections of the SAP. Because this update merely clarifies information already included in the report, it is considered an administrative amendment and, unlike the original SAP, does not require a public hearing. Accordingly, these changes were submitted as part of the City’s FY25 SS4A grant application, which was due on June 26, 2025, with the understanding that the updates would be ratified by the City Council at a future meeting. ENVIRONMENTAL IMPACT: This project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15031(b)(3) because it can be seen with certainty that there is no possibility that the adoption of the amendment to this SAP, in and of itself, may have a significant effect on the environment. Further, this SAP amendment can be characterized as a planning study that does not lead directly to construction, and the State has determined this project meets the criteria for a categorical exemption under 23 CR 771.117(c)(1) of the National Environmental Policy Act (”NEPA”). Future projects outlined in the SAP may require independent environmental review under CEQA. As a transportation improvement plan, the SAP will lead to individual project evaluations at a later stage. LEGAL ANALYSIS: The City Attorney has approved Amendment 1 and Resolution as to form. FINANCIAL IMPACT: There are no financial impacts related to the adoption of this item. The SAP will be utilized to apply for State and Federal funds for future implementation. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. Page 3 2 0 9 8 RECOMMENDATION: That the City Council adopt Resolution 7676: 1. Approving Amendment 1 to the City of Seal Beach Safety Action Plan, as outlined in the Minagar Technical Memo dated June 16, 2025, to the Plan originally adopted on January 13, 2025; and, 2. Authorizing and directing the City Manager, or their designee, to incorporate Amendment 1 into the adopted Safety Action Plan. SUBMITTED BY: NOTED AND APPROVED: Iris Lee Patrick Gallegos Iris Lee, Director of Public Works Patrick Gallegos, City Manager Prepared by: Kathryne Cho, Deputy Director of Public Works/City Engineer ATTACHMENTS: A. Resolution 7676 B. Amendment 1 - Minagar Technical Memo, dated June 16, 2025 C. Adopted Safety Action Plan, dated January 13, 2025 (Sections 6 & 8) RESOLUTION 7676 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING THE CITY MANAGER, OR THEIR DESIGNEE, TO AMEND THE CITY’S ADOPTED SAFETY ACTION PLAN WHEREAS, on June 12, 2023, the City Council adopted Resolution 7417 accepting $200,000 of grant funding, authorizing City matching funds in the total not-to-exceed amount of $50,000, and authorizing an agreement between the United States Department of Transportation (USDOT) Federal Highway Administration (FHWA) and the City of Seal Beach (City) to assist with developing a Safety Action Plan (SAP) for the City; and, WHEREAS, on January 13, 2024, the City Council adopted Resolution No. 7599, formally adopting the Seal Beach Safety Action Plan, prepared by Minagar & Associates, Inc. (Minagar); and, WHEREAS, on March 25, 2025, the USDOT issued a Notice of Funding Opportunity for the Safe Streets and Roads for All (SS4A) program. As the implementation of the City’s Safety Action Plan qualifies as an eligible project, staff submitted a Pre-Application for review, which necessitated clarification on two existing sections of the SAP; and, WHEREAS, Minagar prepared a Technical Memo, dated June 19, 2025, responding to USDOT’s comments, resulting in administrative amendments that do not require a public hearing; and, WHEREAS, the administrative amendments were submitted as part of the City’s FY25 SS4A grant application on June 25, 2025, with the understanding that they would be ratified by the City Council at a future meeting; and, WHEREAS, amending the adopted Seal Beach Safety Action Plan will make the City eligible to apply for FY25 SS4A funding. NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine and order as follows: Section 1. The City Council hereby approves Amendment 1 to the City of Seal Beach Safety Action Plan, as outlined in the Minagar Technical Memo, dated June 16, 2025, to the SAP originally adopted on January 13, 2025. Section 2. The City Council hereby authorizes and directs the City Manager, or their designee, to incorporate Amendment 1 into the adopted SAP. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a 1 0 2 8 9 regular meeting held on the 28th day of July 2025 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Lisa Landau, 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 7676 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of July 2025. Gloria D. Harper, City Clerk MINAGAR & ASSOCIATES, INC. Traffic/Civil/Electrical Engineering – ITS – Transportation Planning & CEM 23282 Mill Creek Drive, East Tower, Suite 120, Laguna Hills, CA 92653 Tel: (949) 707-1199, Ext. 2#, Web: www.minagarinc.com 1 June 16, 2025 Ms. Kathryne Cho, PE Deputy Director of Public Works/City Engineer Public Works Department City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Re: Amendment to the City of Seal Beach Safety Action Plan (SAP) – Additional Pages Dear Ms. Cho, Subsequent to the adoption of the City Council Resolution 7599 for approving the City of Seal Beach’s Comprehensive Citywide Safety Action Plan (aka SAP) for the Document Execution and Submission of Necessary Applications for Future Implementation Grants and Related Obligation on January 13, 2025 and submittal to the Federal Highway Administration (FHWA), the aforementioned agency has requested for the elaboration and clarification on the following two sections of the Plan. 1. Section 6. Policy and Process Changes (former Page: 62, newly amended Page: 62) 2. Section 8. Progress and Transparency (former Page: 98, newly amended Page: 99) Minagar & Associates, Inc. team, has reviewed the request for additional clarifications and prepared the attached pages to amend the subject Plan. The approval of the presented two sections to amend the adopted Plan is necessary to secure the position of the City of Seal Beach for future Federal and State grants and fundings. Please feel free to contact me directly with any additional questions you might have at (949) 707- 1199 ext. 2# or via e-mail at minagarf@minagarinc.com. Sincerely, MINAGAR & ASSOCIATES, INC. (a State of California Corporation) Fred Minagar, MS, RCE, PE, FITE President/Senior Project Manager 6. Policy and Process Changes In the City of Seal Beach Safety (City) Action Plan development, an assessment was conducted of current policies, plans guidelines, and/or standards to identify opportunities to improve processes that prioritize safety. The reviews were intended to identify changes that will emphasize safety for all road users, and other elements of the Safe System Approach. Establishing safety policies ensures better continuity of Safe System Approach elements as changes in the City’s administration occur. Policies which impact the base layers of the Safe Systems Pyramid (built environment, latent safety measures, and active safety measures), will be prioritized for implementation, acknowledging these layers have the greatest public health impact and require the least individual effort. The Safe Systems Pyramid* Background The public health practice is founded on the ideas that health problems are preventable when addressed at the population level, and that one should focus on preventing and controlling risk factors while promoting protective factors when possible. Thesis Utilizing a Safe Systems Approach calls for a paradigm shift in transportation safety which requires transportation professionals to understand their roles as public health professionals and incorporate public health principles into their thinking and practice. The Safe Systems Pyramid provides a framework for such thinking. Source: Adapted from The Spectrum of Prevention - Prevention Institute; the article appeared in Injury Prevention (1999;5:203-207), a publication of the BMJ Publishing Group - Ederer et al. The Safe Systems Pyramid: A new framework for traffic safety, Transportation Research Interdisciplinary Perspectives, Volume 21, 2023 During the creation of this Safety Action Plan, the City also assessed existing safety-related policies, plans, and guidelines currently held by the Public Works and Police departments. The purpose of this review was to reflect on the measures the City is currently actioning and to propose changes that better prioritize safety. The review included, but was not limited to: • Caltrans - District 12: Active Transportation Plan & Complete Streets, June 2022 • The California Endowment: A Guide to Active Transportation in Orange County, California Walks , Fall 2016 • City of Seal Beach, City Council Workshop, April 4, 2023 • Caltrans - District 12: Active Plan, 2020 • City of Seal Beach: General Plan, Circulation Element, Pages C4-62, Figures 2,15-20, December 2003 • Caltrans: Bike Classes Design, Complete Streets - Contextual Design Guidance, DIB 94, Section 5.1.2,3,4,5, January 16, 2024 • City of Seal Beach: Local Coastal Program, Implementation Plan, Draft, May 2, 2023 • City of Seal Beach: Local Roadway Transportation Plan (LRSP), KHA, May 2022 6.1 Key Policy and Process Changes The City’s Safety Action Plan also lays out proactive steps the City will take to create a culture and climate of systemic safety by addressing key risk factors and barriers to safety that currently exist in Seal Beach. These include: 6.1.1 The City will commit to reducing traffic fatalities and serious injuries on the City’s roadways by 2040. 6.1.2 The City will commit to making design, maintenance, and operations decisions that prioritize safety, and will build off the outreach completed throughout this Safety Action Plan. 6.1.3 The City will commit to support areas zoned for increased density and infill development with transportation facilities and improvements to enable safer multi- modal transportation options for present and future road users. 6.1.4 A citywide, proactive Speed Management Program following the FHWA Safe System Speed Management Framework will guide location-specific interventions in all focus areas. 6.1.5 Transportation connections to Equity Priority Communities (e.g., Leisure World) and underserved populations will be prioritized along major walk and bike routes and key transit corridors. 6.1.6 The City will look for opportunities to institutionalize safety into all aspects of policies, planning, programming, design, implementation, and maintenance, with a focus on those efforts that improve safety at the population scale through change to travel patterns, land use conditions, socioeconomic considerations, and built environment provisions. 6.1.7 Through the guidelines of the City’s transportation budget, funding sources and project selection/priorities will be re-evaluated to shift toward more proactive and strategic opportunities, enabling Seal Beach to address safety risk factors more efficiently. 6.1.8 The City will collaborate with partners and peers to make meaningful progress on cross-jurisdictional and cross-sector efforts. In addition, and per discussions with the Public Works and Police department’s staff, the City will continue exploring new funding opportunities from the County, regional MPO and Transportation Authority, the State DOT (Caltrans) and applicable Federal agencies to implement plans and programs to increase public safety and, in particular, to reduce traffic related injuries and fatalities. 8. Progress and Transparency The City of Seal Beach (City) Safety Action Plan (SAP) serves as a living document that provides a variety of high-level strategies and location-specific safety projects. The SAP can be used in coordination with the neighboring cities as well as the partner agencies and long-range planning efforts. The City staff are well-equipped to oversee SAP implementation and to monitor the progress of SAP identified projects/strategies. The SAP implementation process will be incorporated into City procedures such as CIP planning. Also, to facilitate regional coordination and minimize administrative efforts, City staff may participate in regional transportation safety committees organized by Caltrans - District 12, Orange County Transportation Authority (OCTA) and Southern California Association of Governments (SCAG). Additionally. The City, as a municipal corporation and the recipient of Federal grant funding for the SAP, is also committed to, at a minimum, annual public and accessible reporting on progress toward reducing roadway fatalities and serious injuries, and public posting of the SAP online via the City’s website. The following sections describe future actions to keep this living document current and relevant to City’s needs. 8.1 Implementation Progress The City’s safety focused departments including Public Works and Police departments, Marine Safety and Naval Weapons Station will meet once a quarter to discuss SAP new recommendations, project updates, and other strategies. These meetings will ensure ongoing transparency and will incorporate, as applicable, the following elements: • Review public concerns and requests, • Additional new safety initiatives that have recently been identified, • Grant funding application opportunities, and • Ongoing implementation updates from the SAP. Further, input obtained during public outreach efforts for transportation planning or projects should be discussed during the Technical Committee meetings. Additional activities that the City will consider to progress the SAP include: • Coordinate with area residents, partner agencies, and stakeholders for data collection, public outreach, and shared analyses (i.e., Leisure World and the Naval Weapons Station). • Evaluate funding opportunities to pursue grants at the regional, state, and federal levels. • Leverage capital project efforts to accelerate overlapping SAP identified elements. • Use data-driven processes to prioritize projects and implementation strategies. Finally, the City will develop a high-level dashboard for tracking progress as SAP implementation occurs. This dashboard can also be used to share data and implementation progress with the public and key stakeholders. 8.2 Data Maintenance The City will endeavor to coordinate with California Highway Patrol (for SWITRS & CCRS), University of California at Berkeley (for TIMS), SCAG (for HIN) and adjacent jurisdictions to update the crash and equity data associated with the SAP each year. 8.3 Transparency & Reporting Regular documentation and reporting on the SAP implementation progress is helpful for its long- term success and educational impact. As needed, documentation will be prepared for external funding opportunities, City department meetings, public outreach, and other implementation activities. The SAP is posted on the City’s website, and the City will evaluate the best manner in which to present the dashboard displaying progress towards the SAP goals (reducing roadway fatalities and serious injuries) in a public and accessible report updated annually as part of the City’s budget process. The full version of the current publicly posted SAP can be viewed at: https://www.sealbeachca.gov/Departments/Public-Works/Traffic-Transportation Final Safety Action Plan City of Seal Beach, CA ______________________________________________________________________________ ______________________________________________________________________________ 62 MINAGAR & ASSOCIATES, INC. 6. Policy and Process Changes In the Seal Beach Safety Action Plan development, an assessment of current policies, plans guidelines, and/or standards to identify opportunities to improve how processes prioritize safety was conducted. Per the discussions with the Public Works and Police Departments staff, no specific policy and/or process changes are suggested during this cycle of review and assessment is suggested. However, the Public Works Department as the lead Department will continue exploring new funding opportunities form the County, regional MPO and Transportation Authority, the State DOT (Caltrans) and Federal agencies to implement plans and programs to increase public safety and in particular to reduce traffic related injuries and fatalities. 7. Strategy and Project Selections The project team identified four major emphasis areas for the city by utilizing the aforementioned analysis that included primary collision factors. The Strategic Highway Safety Plan (SHSP) addresses the “5 Es” of traffic safety: Engineering, Enforcement, Education, Emergency Response, and Emerging Technologies. Each emphasis area utilizes the 5 Es addressed by SHSP, the following emphasis areas are discussed and analyzed in this section. 1. High Collision Intersections 2. High Collision Roadway Segments 3. Rear End Collisions Due to Unsafe Speeds 4. Broadside Collisions Due to Improper Turning or Automobile Right-of-Way 7.1 Traffic Safety For High Collision Intersections/Focus Locations The most prominent emphasis area is high collision intersections since most of the collisions in the City of Seal Beach occurred on intersections. Each intersection has its own unique geometry, therefore, an analysis of each of the prominent fifteen (15) intersections in the City of Seal Beach was concluded to understand the factors leading to collisions. Education ● Conduct public information and education campaigns for safety laws regarding a safe approach to an intersection. ● Raise awareness of the necessity of abiding by the traffic safety laws. Engineering ● Identify and rank high collision intersections within the City every two to three years. Consider information obtained from public input and feedback regarding unreported collisions to supplement Collision data. ● Evaluate the primary factors leading to collisions at high collision intersections ● Develop and implement countermeasures to tackle those factors. Final Safety Action Plan City of Seal Beach, CA ______________________________________________________________________________ ______________________________________________________________________________ 98 MINAGAR & ASSOCIATES, INC. 8. Progress and Transparency The City of Seal Beach as a municipal corporation and the recipient of this Federal grant funding for the Safety Action Plan is committed, at a minimum, annual public and accessible reporting on progress toward reducing roadway fatalities and serious injuries, and public posting of the Action Plan online. 9. Action Plan At each of the aforementioned focus high collision intersections and street segments/corridors, the collision patterns have been evaluated and countermeasures to those patterns have been developed through a preliminary conceptual plan and the preliminary cost of those measures has been estimated. This section of this report summarizes those results. This Local Safety Plan is funded through a Highway Safety Improvement Program (HSIP) grant from the California Department of Transportation (Caltrans). HSIP grant funding is prioritized and awarded based on the grant funding's economic effectiveness, which is established by a benefit to cost ratio. For the HSIP Cycle 12 call for projects, the minimum Benefit to Cost Ratio is 3.5. A summary of the benefit to cost ratios is provided in this section. Project cost estimates, as of December 16, 2024, are calculated on a line-item basis using the Caltrans Contract Cost Database. In some cases, recent construction bids and benefit values are calculated based on Caltrans established countermeasure values. A summation of the total construction cost as of December 16, 2024, of all intersections and road segments are displayed at the end of the report. Depending on the City’s priorities, it is highly recommended that multiple projects as provided below are grouped into one HSIP application to maximize potential funding allocations. It is also highly recommended that since each funding source has a different cycle length and/or application deadline, multiple sources to be explored to maximize the outcome in order to be able to secure funding and implement and construct the safety projects. Agenda Item K AGENDA STAFF REPORT DATE:July 28, 2025 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Approving and Authorizing Amendment 1 to the Professional Services Agreement for Professional Automation Design, Installation, and Implementation Services ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7677: 1. Approving Amendment 1 to the Professional Services Agreement for Professional Automation Design, Installation, and Implementation Services with Partners in Control, Inc. dba Enterprise Automation, dated April 8, 2025, modifying the scope of services and increasing compensation by $19,082.99 for a total not-to-exceed amount of $53,050.99 for the term of the agreement; and, 2. Authorizing and directing the City Manager to execute Amendment 1 on behalf of the City. BACKGROUND AND ANALYSIS: On April 8, 2025, City entered into an informal Professional Services Agreement (Agreement) with Partners in Control, Inc. dba Enterprise Automation (EA) to perform professional automation design, installation, and implementation services. The goal of this project was to provide a holistic understanding of the City’s utility sites and incorporate the 1st and 8th Street Sewer Lift Station sites into the existing Supervisory Control and Data Acquisition (SCADA) system to provide remote monitoring, alarm functions, and trending capabilities of the site. Following the execution of the agreement, EA performed an in-depth field visit to the site to determine the status of the existing control panels. The field visit provided a firm path forward regarding the execution of the project, which entailed the need to amend the original scope of work. It identified additional components that will need to be restored and replaced to successfully achieve the project’s Page 2 2 1 0 5 primary goal. The extent of the project change includes replacing existing worn cables and hardware, as well as establishing radio operability on site. ENVIRONMENTAL IMPACT: This item is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 Class 1(b) of the state CEQA Guidelines because this project includes a minor alteration of existing public facilities involving negligible or no expansion of existing or former use. LEGAL ANALYSIS: The City Attorney has approved Amendment 1 and Resolution as to form. FINANCIAL IMPACT: Sufficient funding is available in the FY 2025-2026 Budget under the Capital Improvement Program WT1801 SCADA Improvement Upgrade Project. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7677: 1. Approving Amendment 1 to the Professional Services Agreement for Professional Automation Design, Installation, and Implementation Services with Partners in Control, Inc. dba Enterprise Automation, dated April 8, 2025, modifying the scope of services and increasing compensation by $19,082.99 for a total not-to-exceed amount of $53,050.99 for the term of the agreement; and, 2. Authorizing and directing the City Manager to execute Amendment 1 on behalf of the City. SUBMITTED BY: NOTED AND APPROVED: Iris Lee Patrick Gallegos Iris Lee, Director of Public Works Patrick Gallegos, City Manager Prepared by: Sean Low, Deputy Director of Public Works – Maintenance/Utilities Page 3 2 1 0 5 ATTACHMENTS: A. Resolution 7677 B. Amendment No. 1 to Professional Services Agreement with Partners in Control, Inc., dba Enterprise Automation C. Professional Services Agreement with Partners in Control, Inc., dba Enterprise Automation RESOLUTION 7677 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH PARTNERS IN CONTROL, INC., DBA ENTERPRISE AUTOMATION FOR PROFESSIONAL AUTOMATION DESIGN, INSTALLATION, AND IMPLEMENTATION SERVICES WHEREAS, on April 8, 2025, City entered into an informal Professional Services Agreement (Agreement) with Partners in Control, Inc., dba Enterprise Automation (EA) for Professional Automation Design, Installation, and Implementation Services; and, WHEREAS, EA conducted a comprehensive field visit to the 1st and 8th Street Sewer Lift Station sites to assess the condition and status of the existing control panels, which led to a revised scope of work and, consequently, the need to amend their compensation; and, WHEREAS, the City desires to amend the Agreement with EA to modify the scope of services and increase the compensation by $19,082.99, resulting in a revised not-to- exceed contract amount of $53,050.99 for the original term. NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine and order as follows: Section 1. The City Council hereby approves Amendment 1 to the Professional Service Agreement dated April 8, 2025, modifying the scope of services and increasing the compensation by $19,082.99, for a revised not-to- exceed amount of $53,050.99 for the original term of the Agreement. Section 2. The City Council hereby authorizes and directs the City Manager to execute Amendment 1. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of July 2025 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members 1 0 3 1 3 Lisa Landau, 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 7677 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of July 2025. Gloria D. Harper, City Clerk AMENDMENT 1 PROFESSIONAL SERVICES AGREEMENT between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 & Partners in Control, Inc. dba Enterprise Automation 9050 Irvine Center Dr., Suite 200 Irvine, CA 92618 (949) 769-6000 This Amendment 1 (or “First Amendment”), dated July 28th, 2025, amends that certain agreement (“Agreement”) dated April 8th, 2025, by and between the City of Seal Beach (“City”), a California charter city and Partners in Control, Inc., dba Enterprise Automation. (“Consultant”), a California corporation. RECITALS A. City and Consultant are parties to the Agreement, pursuant to which Consultant provides public works support services to City. B. City and Consultant wish to amend the Agreement to supplement the scope of services and increase Consultant’s compensation by $19,082.99 for additional services required in connection with the Project, for a revised total contract amount not to exceed $53,050.99, as provided herein. AMENDMENT 1 NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows: Section 1. Subsection 1.1 of Section 1.0 (Scope of Services) of the Agreement is hereby amended in its entirety to read as follows: “1.1. Consultant’s Services. In compliance with all terms, conditions and provisions of this Agreement, Consultant shall provide those professional services, materials, equipment, devices, processes and other work (collectively “Services”) set forth in Consultant’s accepted Proposal (“Proposal”), attached hereto as Exhibit A, and Consultant’s supplemental proposal (“Supplemental Proposal”) attached hereto as Exhibit A-1, and incorporated herein by this reference, all to City’s reasonable satisfaction. The Services relate to the following City project: WT1801 SCADA Improvement Upgrade Project.” Section 2. Subsection 1.2 of Section 1.0 (Scope of Services) of the Agreement is hereby amended in its entirety to read as follows: “1.2. Agreement Documents and Incorporation by Reference; Order of Precedence. 1.2.1. The Agreement Documents include this Agreement itself, and all of the following: (i) the Proposal, including all standards, appendices and exhibits attached thereto or referenced therein (Exhibit A)’ (ii) the Supplemental Proposal including all standards, appendices and exhibits attached thereto or referenced therein (Exhibit A-1); and (iii) Terms for Compliance with California Labor Law Requirements (Exhibit B), all of which exhibits 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 B (Terms for Compliance with California Labor Law Requirements); and then (iii) Exhibit A (the Proposal); and then (iv) Exhibit A-1 (the Supplemental Proposal) shall control. In the event there is any conflict between the Agreement, on the one hand, and Exhibits A, A-1, or B, on the other hand, the Agreement shall control.” Section 3. Section 3.0 (Consultant’s Compensation) of the Agreement is hereby amended to read as follows: “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 schedules set forth in Exhibit A for the Services and Exhibit A-1 for the Supplemental Services, but in no event will City pay more than the total not-to-exceed amount of $53,050.99 (Fifty Three Thousand Fifty Dollars and Ninety-Nine Cents) for the Original Term. Payment for any additional work authorized by City pursuant to Subsection 1.6 will be compensated in accordance with the fee schedules set forth in Exhibit A and A-1 and shall not exceed the cumulative amount established by the City Council at the time of award for the Original Term.” Section 4. All references to the term “Agreement” throughout Sections 1.0 through 42.0, inclusive of the Agreement are hereby modified to include the Agreement dated April 28, 2025 and this First Amendment dated July 28, 2025, as if all terms are fully set forth therein. Section 5. Except as expressly modified or supplemented by this Amendment 1, all other provisions of the Agreement shall remain unaltered and in full force and effect. In the event of a conflict between the provisions of this Amendment 1 and the provisions of the Agreement, the provisions of this Amendment 1 shall control. Section 6. This Amendment 1 shall be effective as of July 28, 2025. Section 7. The persons executing this Amendment 1 on behalf of the Contractor each warrant that he or she is each duly authorized to execute this Amendment 1 on behalf of said Party and that by his or her execution, Contractor is formally bound to the provisions of this Amendment 1. IN WITNESS WHEREOF, the Parties hereto, through their respective representatives have executed this Amendment 1 as of the date and year first above written. CITY OF SEAL BEACH By: Patrick Gallegos, City Manager Attest: By: Gloria D. Harper, City Clerk Approved as to Form: By: Nick Ghirelli, City Attorney CONSULTANT By: Name: Its: By: Name: Its: (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.) Luke Stephenson President Preston Hopson Secretary EXHIBIT A-1 SUPPLEMENTAL PROPOSAL (ENTERPRISE AUTOMATION CHANGE ORDER 01 -- RADIO REPAIRS, DATED JUNE 11, 2025) Site SCADA Upgrades, Change Order 01 EA Project Number: EA25SEA227, v1.0.0 9050 Irvine Center Drive, Irvine, CA 92618 USA Tel 949-769-6000 Fax 949-769-6005 www.eaintegrator.com Change Order 01 Site SCADA Upgrades Page Number: 1 of 3 Change Order 01 – Radio Repairs EA25SEA227 City of Seal Beach June 11, 2025 Mr. Darrick Escobedo This letter represents Enterprise Automation’s (EA) formal request to ammend or alter the scope, schedule, fee, or other pertinent project documents. A description of the project modifications is contained hereafter. Justification for Project Change EA performed a site visit performed on My 28th, 2025, as part of the project to integrate the 1st Street Lift Station into the City of Seal Beach’s existing Ignition SCADA System. Two EA engineers performed the site visit as part of the original project scope of work and collected information at both the 1st and 8th Street sites. The intent of the investigation was to determine the status of the radio link between the 1st and 8th Street control panels, investigate the communications infrastructure between them and SCADA, and to collect backups to facilitate development of the 1st Street SCADA screen. The engineers identified that 1st Street is not communicating with SCADA as originally assumed, and that the City’s SCADA system currently has no configured interfaces or tags for 1st street. 1. Conclusions 1. The 1st St Radio is non-operational i. 1st St Lightning Surge Arrestor (LSA) is severely corroded ii. 1st St Ethernet cable from the radio to the LSA is corroded iii. 1st St Ethernet cable from the LSA to the Power Over Ethernet (PoE) injector is corroded iv. Status of the radio itself is undetermined due to the afore-mentioned issues 2. The 8th St Radio status is undetermined as no indicator lights were present at the control panel Ethernet switch 3. The 1st St PLC program backup was not found on City Servers and the City was unable to obtain a backup from the original programmer, Bristol Babcock 4. The 1st St PLC seems to have communicated with the SCADA computer at one time, but it was never fully configured in Ignition or Kepware (communications software that goes between the PLC and SCADA). Site SCADA Upgrades, Change Order 01 EA Project Number: EA25SEA227, v1.0.0 9050 Irvine Center Drive, Irvine, CA 92618 USA Tel 949-769-6000 Fax 949-769-6005 www.eaintegrator.com Change Order 01 Site SCADA Upgrades Page Number: 2 of 3 Description of Project Change 1. Restore communications between 1st St and 8th St i. Replace worn components 1. 1st St LSA 2. Ethernet cable from the 1st St radio to the LSA 3. 1st St Ethernet cable from the LSA to the Power Over Ethernet (PoE) injector, which powers the radio 4. New Radios at both 1st and 8th street 5. Replace Ethernet cable from 8th St. radio to 8th St. PLC Panel Ethernet Switch ii. Test radio operability on site iii. Test communications between 1st and 8th St. panels and SCADA Server 1. Check to see if Kepware (or ping test) detects good quality data from 1st St 2. Obtain the 1st PLC program leveraging the City’s programming license and software to extract a backup from the field. If we are unable to extract a program, EA will configure a new program. Schedule Effect ☒ Delay ☐ Advance ☐ None ☐ Unknown Cost Estimate Task Hours Cost Subcontract ATG to complete the hardware replacement and comms testing n/a $12,346.99 EA support and management of the contractor 26 $ 6,736.00 Total Change Order Value $19,082.99 Conclusion I welcome any further discussion that may facilitate the refinement of this scope of work. Please contact me on our main office number (949) 769-6000 x 124 or alternatively on my cell phone at (949) 378-7087 with any questions. Thank you, Alex Stipe Sales Manager Site SCADA Upgrades, Change Order 01 EA Project Number: EA25SEA227, v1.0.0 9050 Irvine Center Drive, Irvine, CA 92618 USA Tel 949-769-6000 Fax 949-769-6005 www.eaintegrator.com Change Order 01 Site SCADA Upgrades Page Number: 3 of 3 Assumptions & Clarifications Terms and conditions are per the original Purchase Order. Change Order Log Change Order # Description Proposed Price Status Approved Price - Original Contract - N/A $33,968.00 1 CO1 Radio Hardware Repairs $19,082.99 Submitted TOTAL APPROVED AMOUNT $33,968.00 TOTAL PENDING CHANGE ORDERS $19,082.99 TOTAL APPROVED + PENDING CHANGE ORDERS $53,050.99 Agenda Item L AGENDA STAFF REPORT DATE:July 28, 2025 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, City Manager FROM:Michael Henderson, Chief of Police SUBJECT:Westminster Animal Group and Services (WAGS) Animal Shelter Services Agreement ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7678: 1. Approving and authorizing the City Manager or their designee to execute the Agreement with the Westminster Adoption Group and Services (WAGS) to provide animal shelter and emergency veterinary care services for the City of Seal Beach for a three-year term; with the option to extend the Agreement for up to two additional one-year terms, at the not-to-exceed amount of $138,000 for the first year; and for each subsequent year for the not-to-exceed amount of $138,000 as adjusted by the lesser of inflation or 5% for each additional year; and, 2. Adding provisions to provide emergency veterinary care services for the City of Seal Beach for a not-to-exceed amount of $40,000 per year; and, 3. Approving a Trap-Neuter-Release (TNR) Program as elected by the City, for an amount not-to-exceed $5,000 per year; and, 4. Authorizing an additional $10,000 per year, for emergency care, at the City Manager’s discretion; and, 5. Authorizing the City Manager to authorize payments as outlined in the event of hoarder/breeder animals; and, 6. Authorizing and directing the City Manager or their designee to execute the Agreement. BACKGROUND AND ANALYSIS: On July 1, 2023, the City of Seal Beach (City) launched an in-house animal control program for the first time in many years. After a competitive Request for Proposals Page 2 2 0 8 9 (RFP) process, WAGS was selected to be the City’s designated animal shelter. This decision followed a thorough evaluation of multiple factors to ensure that the chosen provider could meet the specific needs of the community. The City Council approved the selection of WAGS in early 2023, recognizing their ability to offer comprehensive and compassionate care for the animals of Seal Beach. WAGS’ proven track record in animal services and their commitment to best practices were key factors in their selection, ensuring that the new in-house animal control program would be supported by a reliable and experienced partner. A two-year agreement was entered into with WAGS effective June 26, 2023, for the time period July 1, 2023 to and including June 30, 2025. As the in-house animal control program was a new initiative, the City anticipated a period of adjustment and learning. Initially, the estimates for the program's activity levels were based on data provided by the previous contractor, the City of Long Beach, regarding the number of calls for service and animal interactions. However, the City quickly realized that these estimates were insufficient. The Seal Beach community was significantly underserved by Long Beach, and as a result, the Seal Beach Animal Control Program has more than doubled the number of animal control calls received. Furthermore, the number of animals taken or delivered to WAGS by residents within Seal Beach has more than doubled the initial estimates, even within the first six months of the contract with WAGS. In response to the increased number of animals and the associated costs of providing services, WAGS has requested additional funding, which was granted in July 2024 under Amendment 1 to the previous contract. This adjustment was necessary as the initial estimates did not account for the actual demand and activity levels experienced during the first year of the new program. Unfortunately, costs associated to animal care are rising at rates higher than Consumer Price Index (CPI), for a myriad of reasons including substantial increases in veterinary supplies and care. Due to these circumstances, a new Professional Services Agreement was proposed. The new Professional Services Agreement is for a three (3) year term, with a monthly fee of $11,500 during year one, for a total not-to-exceed amount of $138,000 and increases during year two and three of a range from CPI up to, but not to exceed, 5% per year. The Agreement provides an option for two (2) one- year extensions. In addition to the funding increase, the City also amended the language of the agreement to reflect industry best practices, particularly concerning community cats (formerly referred to as stray cats), the Trap-Neuter-Release (TNR) program, and return-to-home initiatives. The TNR program involves trapping community cats, neutering them, and then returning them to their original location to manage the population humanely and effectively. The return-to-home initiative focuses on reuniting cats who live in the community to a safe place where they were found. By incorporating these best practices, the program aligns with industry standards, Page 3 2 0 8 9 ensuring that the City provides the best care for the animals in Seal Beach. The TNR Program has a not-to-exceed amount of $5,000 per year. Furthermore, due to changes within the emergency veterinary industry, the City was no longer able to work with its previously designated emergency vet clinic. As part of this amendment, WAGS began providing emergency care for sick or injured animals through their designated medical provider. For these emergency care services, the City allocated a budget of up to $40,000, with an additional $10,000 available at the Interim City Manager's discretion. All decisions regarding emergency care, beyond basic triage and assessment, require approval from a member of the Seal Beach Police Department Command Staff. These emergency services are billed on an as needed, a la carte, basis. ENVIRONMENTAL IMPACT: The item is not subject to the California Environmental Quality Act (CEQA) pursuant to section 15061 (b)(3) of the CEQA Guidelines because it can be seen with certainty that the approval of the Professional Service Agreement with Westminster Animal Group and Services will not have a significant effect on the environment. LEGAL ANALYSIS: No legal analysis is required for this item. FINANCIAL IMPACT: Sufficient funds were allocated in the adopted 2025-2026 Fiscal Year budget for anticipated expenditures. Should incidental costs exceed projections, staff will return to Council. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7678: 1. Approving and authorizing the City Manager or their designee to execute the Agreement with the Westminster Adoption Group and Services (WAGS) to provide animal shelter and emergency veterinary care services for the City of Seal Beach for a three-year term; with the option to extend the Agreement for up to two additional one-year terms, at the not-to-exceed amount of $138,000 for the first year; and for each subsequent year for the not-to-exceed amount of $138,000 as adjusted by the lesser of inflation or 5% for each additional year; and, Page 4 2 0 8 9 2. Adding provisions to provide emergency veterinary care services for the City of Seal Beach for a not-to-exceed amount of $40,000 per year; and, 3. Approving a Trap-Neuter-Release (TNR) Program as elected by the City, for an amount not-to-exceed $5,000 per year; and, 4. Authorizing an additional $10,000 per year, for emergency care, at the City Manager’s discretion; and, 5. Authorizing the City Manager to authorize payments as outlined in the event of hoarder/breeder animals; and, 6. Authorizing and directing the City Manager or their designee to execute the Agreement. SUBMITTED BY: NOTED AND APPROVED: Michael Henderson Patrick Gallegos Michael Henderson, Chief of Police Patrick Gallegos, City Manager Prepared by: Nick Nicholas, Support Services Bureau Captain ATTACHMENTS: A. Resolution 7678 B. Professional Services Agreement RESOLUTION 7678 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AND AUTHORIZING THE AMENDED AND RESTATED AGREEMENT FOR ANIMAL SHELTER SERVICES WITH WESTMINSTER ADOPTION GROUP AND SERVICES (WAGS) FOR ANIMAL SHELTER AND EMERGENCY VETERINARY CARE SERVICES WHEREAS, the City of Seal Beach (“City”) and Westminster Adopting Group and Services (WAGS) (“Contractor”) are parties to an Agreement for Animal Shelter Services entered into on June 26, 2023, as amended by Amendment No. 1, dated July 22, 2024 (collectively the “original agreement”) pursuant to which Contractor provides animal shelter services, including veterinary care services, to City; and, WHEREAS, the original agreement provides for an initial term of two years extending from July 1, 2023 through June 30, 2025, and further provides that City may elect to exercise an option to renew the agreement for up to three additional one-year extensions; and, WHEREAS, due to the increased cost of veterinary services, City and Contractor desire to adopt a new agreement updating and superseding the original agreement with respect to compensation based on the lesser of inflation or 5% each year; and, NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine and order as follows: Section 1. The City Council hereby approves the Amended and Restated Agreement for Animal Shelter Services (“Agreement”) with Westminster Adoption Group and Services (WAGS) (“Contractor”) as set forth in Exhibit “A”, attached hereto and incorporated herein by this reference as though set forth in full, as follows: (i) for a three-year term extending from July 1, 2025 through June 30, 2028, with the option to extend the Agreement for up to two additional one-year terms; (ii) providing Contractor with compensation for basic animal shelter services in the not-to-exceed amount of $138,000 for the first year of the term; (iii) providing Contractor with compensation for basic animal shelter services for each subsequent year for the not-to- exceed amount of $138,000 as adjusted by the lesser of inflation or 5% for each additional year; and (iv) and for Contractor to further provide emergency veterinary care services for a not-to-exceed amount of $40,000 per year; and (v) for a TNR Program as elected by the City at the not-to- exceed total amount of $5,000 per year; and (vi) authorizing the Interim City Manager to an additional $10,000 per year for emergency care at the Interim City Manager’s discretion; and (vii) authorizing the Interim City Manager to authorize payments in the not-to-exceed amounts as outlined in the event of hoarder/breeder animals. 1 0 2 6 1 Section 2. The City Council hereby authorizes the Interim City Manager and City Attorney to make minor revisions to the Agreement that do not increase the non-to-exceed amounts for services set forth above. Section 3. The Council hereby directs the Interim City Manager to execute the Agreement for Animal Shelter Services with Contractor on behalf of the City. Section 4. Upon the effective date of the Agreement, the Agreement shall supersede the original agreement in its entirety, and the original agreement shall have no further force and effect. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of July, 2025 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Lisa Landau, 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 7678 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of July, 2025. 1 0 2 6 1 Gloria D. Harper, City Clerk AMENDED AND RESTATED AGREEMENT for Animal Shelter Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 & Westminster Adoption Group and Services (“WAGS”) 6621 Westminster Boulevard Westminster, CA 92683 (714) 887-6156 This Amended and Restated Agreement for Animal Shelter Services (“the Agreement”) is made as of July 1, 2025 (the “Effective Date”), by and between WESTMINSTER ADOPTION GROUP AND SERVICES (“CONTRACTOR”), a California non-profit public benefit corporation, and the City of Seal Beach (“CITY”), a California charter city, (collectively, “the Parties”). 2 of 26 RECITALS A. CITY and CONTRACTOR are parties to an agreement entered into on June 26, 2023, as amended by Amendment No. 1, dated July 22, 2024, pursuant to which CONTRACTOR provides Animal Shelter Services to CITY. The June 26, 2023 agreement and Amendment No. 1 are collectively referred to as the “original agreement.” B. The original agreement provides for an initial term of two years extending from July 1, 2023 through June 30, 2025, and further provides that CITY may elect to exercise an option to renew the agreement for up to three additional one-year extensions. C. CONTRACTOR has extensive experience providing Animal Shelter Services for CITY, and is able to provide personnel with the requisite experience and background to carry out these duties on an amended fee basis due to the increasing costs for shelter services. D. CITY desires to continue to engage CONTRACTOR as an independent contractor to provide Animal Shelter Services to CITY, and CONTRACTOR desires to continue to serve CITY to perform those professional services in accordance with the terms and conditions of this Amended and Restated Agreement. E. Upon approval by City and execution by all Parties, this Agreement shall supersede the original agreement in its entirety, and the original agreement shall have no further force or effect. NOW THEREFORE, in consideration of the Parties’ performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT I. SERVICES TO BE PERFORMED A. Except as otherwise modified by this Agreement, CONTRACTOR shall provide those services (collectively “Services”) contained in CONTRACTOR’S Proposal dated June 19, 2025, attached hereto as Exhibit A, WAGS Contracted Monthly Services Fee Details dated June 19, 2025, attached as Exhibit B, (WAGS Scope of Emergency Services); attached hereto as Exhibit C, and WAGS Addendum: Emergency Procedures. attached hereto as Exhibit D, which such exhibits are incorporated herein by this reference as though set forth in full. 3 of 26 B. In the event of any conflict or inconsistency between the terms of this Agreement and any of the Exhibits, the Order of Precedence shall be as follows: (i) this Agreement, and then (ii) Exhibit C (WAGS Contracted Monthly Services Fee Details), and then (iii) Exhibit A (CONTRACTOR’s Proposal), (iv) Exhibit C (WAGS Scope of Emergency Services); and then (v) Exhibit D (WAGS Addendum: Emergency Procedures). C. CONTRACTOR 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. It is specifically understood that oral requests or approvals of such additional services, change orders, or additional compensation and any approvals from CITY shall be barred and are unenforceable. 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. II. TIME FOR PERFORMANCE; TERM; EXTENSIONS A. Commencement of Services. CONTRACTOR shall begin work on July 1, 2025, following execution of this Agreement by CONTRACTOR and CITY. B. Term. The term of this Agreement shall commence on July 1, 2025, and shall remain in full force and effect for three years (“Original Term”), and shall expire at midnight on June 30, 2028, unless sooner terminated or extended as provided by this Agreement. C. Extensions. CITY, at its sole option, may elect to extend the Original Term of this Agreement, upon the same terms and conditions, for up to two (2) additional terms of one year each (“extension”), by providing written notice to CONTRACTOR at least one month prior to the expiration of an existing term. If timely elected by CITY, the first extension shall have a term extending from July 1, 2028 through and including June 30, 2029, unless sooner terminated or extended pursuant to this Agreement. If timely elected by CITY, the second extension shall be from July 1, 2029 through and including June 30, 2030, unless sooner terminated or extended pursuant to this Agreement. Any extension shall not be effective except upon execution of a written amendment to this Agreement signed by the City Manager and CONTRACTOR’S authorized representatives. Service of a notice of extension by CITY shall not prevent either party from issuing a notice of termination pursuant to Section VII of this Agreement. 4 of 26 III. PERFORMANCE TO REASONABLE SATISFACTION OF CITY CONTRACTOR agrees to perform all work to the reasonable satisfaction of CITY and within the time hereinafter specified. Evaluations of the work will be done by the City Manager or his/her designee. If the quality of work is not reasonably satisfactory, CITY, in its discretion, has the right to: A. Meet with CONTRACTOR to review the quality of the work and resolve the matter(s) of concern; B. Require CONTRACTOR to reproduce the work at no additional fee until it is satisfactory; and/or C. Terminate the Agreement as hereinafter set forth. IV. COMPLIANCE WITH LAW All services rendered hereunder shall be provided in accordance with the requirements of relevant local, State, and Federal laws. V. FAMILIARITY WITH WORK By execution of this Agreement, CONTRACTOR warrants that: A. It has thoroughly investigated and considered the work to be performed; B. It possesses any and all licenses which are required under State or Federal law to perform the work contemplated by this Agreement, and shall maintain all appropriate licenses during the performance of this Agreement; C. It has expertise in the area of providing program management professional services; D. It carefully considered how the work should be performed; and E. It fully understands the difficulties and restrictions attending the performance of the work under this Agreement. VI. COMPENSATION A. Original Term. For the provision of the Services rendered under this Agreement in accordance with the Scope of Services set forth in Section I and attached hereto as Exhibit A, Exhibit C, and Exhibit D, and all expenses associated therewith, CITY shall pay CONTRACTOR the amounts specified under CONTRACTOR’s WAGS Contracted Monthly Services Fee Details, included in Exhibit B, in accordance with the terms and conditions set forth in this Subsection. 5 of 26 1. First Year (Original Term). Except as provided in Paragraphs 4 and 5 of this Subsection A, CITY will pay CONTRACTOR in accordance with the monthly rate shown on the WAGS Contracted Monthly Services Fee Details set forth in Exhibit B but in no event will the CITY pay more than $11,500 (Eleven Thousand Five Hundred dollars and 00/100) per month or the total not-to-exceed amount of $138,000 (One Hundred Thirty Eight Thousand dollars and 00/100) for basic animal shelter services the first year of the Original Term. 2. Second Year (Original Term). Except as otherwise provided in Paragraphs 4 and 5 of this Subsection A, CITY will pay CONTRACTOR in accordance with the monthly rate shown on the WAGS Contracted Monthly Services Fee Details (Exhibit B) for the Services as adjusted by the lesser of the increase in the Consumer Price Index (“CPI”) as defined in Subsection C, or five percent (5%), and in no event will CITY pay more than $12,075 (Twelve Thousand Seventy-Five dollars and 00/100) per month or the total not-to-exceed amount of $144,900 (One Hundred Forty-Four Thousand dollars and 00/100) for the second year of the Original Term. 3. Third Year (Original Term). Except as otherwise provided in Paragraphs 4 and 5 of this Subsection A, CITY will pay CONTRACTOR in accordance with the monthly rate shown on the WAGS Contracted Monthly Services Fee Details (Exhibit B) for the Services as adjusted by the lesser of the increase in the Consumer Price Index (“CPI”) as defined in Subsection C, or five percent (5%), and in no event will CITY pay more than $12,678.75 (Twelve Thousand Six Hundred Seventy-Eight dollars and 75/100) per month or the total not-to-exceed amount of $152,145 (One Hundred Fifty Two Thousand One Hundred Forty-Five dollars and 00/100) for the third year of the Original Term. 4. Emergency Medical Care (Original Term). (a) First Year Original Term. For emergency medical care within the first 72 hours of care by CONTRACTOR, CITY will pay CONTRACTOR the not-to-exceed amount of $350 (Three Hundred Fifty dollars) per animal. In no event will City pay more than the total not-to-exceed amount of $40,000 (Forty-Thousand dollars and 00/100) for emergency medical care for the First Year of the Original Term, provided that, the City Manager or designee may authorize extra work to fund unforeseen conditions in a total not-to-exceed amount of $10,000 (Ten Thousand dollars and 00/100) for the First Year of the Original Term. Any additional work authorized by the City Manager or designee pursuant to this Subsection (4) will be compensated in accordance with the fee schedule set forth in Exhibit B. Payment for additional work in excess of these amounts requires prior City Council authorization. (b) Second Year Original Term. For emergency medical care within the first 72 hours of care by CONTRACTOR, CITY will pay CONTRACTOR the not-to-exceed amount of $350 (Three Hundred Fifty dollars) 6 of 26 per animal. In no event will City pay more than the total not-to-exceed amount of $40,000 (Forty-Thousand dollars and 00/100) for emergency medical care for the Second Year of the Original Term, provided that, the City Manager or designee may authorize extra work to fund unforeseen conditions in a total not-to-exceed amount of $10,000 (Ten Thousand dollars and 00/100) for the Second Year of the Original Term. Any additional work authorized by the City Manager or designee pursuant to this Subsection (4) will be compensated in accordance with the fee schedule set forth in Exhibit B. Payment for additional work in excess of these amounts requires prior City Council authorization. (c) Third Year Original Term. For emergency medical care within the first 72 hours of care by CONTRACTOR, CITY will pay CONTRACTOR the not-to-exceed amount of $350 (Three Hundred Fifty dollars) per animal. In no event will City pay more than the total not-to-exceed amount of $40,000 (Forty Thousand dollars and 00/100) for emergency medical care for the Third Year of the Original Term, provided that, the City Manager or designee may authorize extra work to fund unforeseen conditions in a total not-to-exceed amount of $10,000 (Ten Thousand dollars and 00/100) for the Third Year of the Original Term. Any additional work authorized by the City Manager or designee pursuant to this Subsection (4) will be compensated in accordance with the fee schedule set forth in Exhibit B. Payment for additional work in excess of these amounts requires prior City Council authorization. 5. Trap Neuter Release (“TNR”) Program (Original Term). For a TNR Program for cats as elected by CITY, CITY will pay at the rate of $50.00 per male cat and $75.00 per female cat; and those two sets of additional costs will not exceed the total not-to-exceed amount of $5,000 (Five Thousand Dollars and 00/100) for all animals per year, for each year of the Original Term, except as otherwise authorized in writing in advance by the City Manager or his designee. 6. Hoarder/Breeder Animals (Original Term). For hoarder/breeder animals brought to CONTRACTOR, subject to the prior approval of the City Manager, CONTRACTOR will be compensated for medical examinations, cost of care and spaying/neutering services as follows: (a) for more than 25 animals in one case. a one-time stipend of $5,000 (Five Thousand dollars and 00/100); (b) for more than 50 animals in one case, a one-time stipend of $10,000 (Ten Thousand dollars and 00/100); (c) for more than 75 animals in one case, a one-time stipend of $15,000 (Fifteen Thousand dollars and 00/100); and (d) for over 100 boarded animals in one case, a one-time stipend of $25,000 (Twenty-Five Thousand dollars). B. Extensions. For the provision of the Services rendered under this Agreement during each extension (as defined in Subsection C of Section II), in accordance with the Scope of Services set forth in Section I, CITY shall pay CONTRACTOR the amounts specified under the WAGS Contracted Monthly Services Fee Details 7 of 26 (Exhibit B), as adjusted in accordance with the terms and conditions set forth in this Subsection. No adjustment amount shall be due, owing or paid to CONTRACTOR by CITY until approved in writing, in advance, by the City Manager. 1. First Extension. Except as provided in Paragraphs 3 and 4 of this Subsection B, CITY will pay CONTRACTOR in accordance with the monthly rate shown on the WAGS Contracted Monthly Services Fee Details (Exhibit B) as adjusted by the lesser of the increase in the CPI (as defined in Subsection C) or five percent (5%), and in no event will CITY pay more than $13,312.69 per month (Thirteen Thousand Three Hundred Twelve dollars and 69/100), due to rounding, and the total not-to-exceed amount of $159,752.28 (One Hundred Fifty Nine Thousand Seven Hundred Fifty Two dollars and 28/100 for the first extension. 2. Second Extension. Except as provided in Paragraphs 3 and 4 of this Subsection B, CITY will pay CONTRACTOR in accordance with the monthly rate shown on the WAGS Contracted Monthly Services Fee Details (Exhibit B) as adjusted by the lesser of the increase in the CPI (as defined in Subsection C) or five percent (5%), and in no event will CITY pay more than $13,978.32 per month (Thirteen Thousand Nine Hundred Seventy Eighty Thousand dollars and 32/100) and the total not-to-exceed amount of $167,739.84 (One Hundred Sixty Seven Thousand Seven Hundred Thirty Nine dollars and 84/100 for the second extension. 3. Emergency Medical Care (Extensions). (a) First Extension. For emergency medical care within the first 72 hours of care by CONTRACTOR, CITY will pay CONTRACTOR the not-to-exceed amount of $350 (Three Hundred Fifty dollars) per animal. In no event will City pay more than the total not-to-exceed amount of $40,000 (Forty Thousand dollars and 00/100) for emergency medical care for the First Extension, provided that, the City Manager or designee may authorize extra work to fund unforeseen conditions in a total not-to-exceed amount of $10,000 (Ten Thousand dollars and 00/100) for the First Extension. Any additional work authorized by the City Manager or designee pursuant to this Subsection (3) will be compensated in accordance with the fee schedule set forth in Exhibit B. Payment for additional work in excess of these amounts requires prior City Council authorization. (b) Second Extension. For emergency medical care within the first 72 hours of care by CONTRACTOR, CITY will pay CONTRACTOR the not-to-exceed amount of $350 (Three Hundred Fifty dollars) per animal. In no event will City pay more than the total not-to-exceed amount of $40,000 (Forty- Thousand dollars and 00/100) for emergency medical care for the Second Year of the Original Term, provided that, the City Manager or designee may authorize extra work to fund unforeseen conditions in a total not-to-exceed amount of $10,000 (Ten Thousand dollars and 00/100) for the Second Year of the Original 8 of 26 Term. Any additional work authorized by the City Manager or designee pursuant to this Subsection (3) will be compensated in accordance with the fee schedule set forth in Exhibit B. Payment for additional work in excess of these amounts requires prior City Council authorization. 4. Trap Neuter Release (“TNR”) Program (Extensions). For a TNR Program for cats as elected by CITY, CITY will pay at the rate of $50.00 per male cat and $75.00 per female cat; and those two sets of additional costs will not exceed the total not-to-exceed amount of $5,000 (Five Thousand Dollars and 00/100) for all animals per year, for each Extension, except as otherwise authorized in writing in advance by the City Manager or her designee. 5. Hoarder/Breeder Animals (Extensions): For hoarder/breeder animals brought to CONTRACTOR, subject to the prior approval of the City Manager, CONTRACTOR will be compensated for medical examinations, cost of care and spaying/neutering services as follows: (a) for more than 25 animals in one case. a one-time stipend of $5,000 (Five Thousand dollars and 00/100); (b) for more than 50 animals in one case, a one-time stipend of $10,000 (Ten Thousand dollars and 00/100); (c) for more than 75 animals in one case, a one- time stipend of $15,000 (Fifteen Thousand dollars and 00/100); and (d) for over 100 boarded animals in one case, a one-time stipend of $25,000 (Twenty-Five Thousand dollars). C. Consumer Price Index. As used in this Section VI, “Consumer Price Index” means the Consumer Price Index for All Urban Consumers (CPI-U): for Los Angeles-Long Beach- Anaheim, CA (1982-84 = 100) All Items as most recently reported by the Bureau of Labor Statistics for the 12 month period extending backwards from the most recent June 30th to the previous July 1st. D. Additional Services. 1. For any additional services, change orders or any additional compensation of any nature to be proposed for payment to CONTRACTOR by CITY, such modification of this original Agreement shall be a written request executed by CONTRACTOR and approved in writing by CITY. 2. It is specifically understood that oral requests or approvals of such additional services, change orders, or additional compensation and any approvals from CITY shall be barred and are unenforceable. E. Payment Procedure. 1. CONTRACTOR shall submit to CITY monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days 9 of 26 worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. Within ten (10) working days of receipt of such invoice, CITY shall determine whether CONTRACTOR has satisfactorily performed the work described in the invoice. CITY will thereafter pay CONTRACTOR on a quarterly basis. CITY will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to CONTRACTOR. 2. Upon 24-hour notice from CITY, CONTRACTOR shall allow CITY or CITY’S agents or representatives to inspect at CONTRACTOR’S offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by CONTRACTOR in connection with this Agreement. CITY’S rights under this Section shall survive for three (3) years following the termination of this Agreement. VII. TERMINATION A. Termination by City. 1. Notwithstanding any other provision of this Agreement, this Agreement may be terminated with or without cause by CITY at any time by providing CONTRACTOR with written notice of termination no less than sixty (60) calendar days in advance of such termination. 2. Notwithstanding any other provision of this Agreement, this Agreement may be terminated by City upon 10 days’ notice to Contractor if Contractor fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. B. Termination by Contractor. This Agreement may be terminated by CONTRACTOR based on reasonable cause by providing written notice of termination to CITY, provided that CONTRACTOR has first provided CITY with written notice of default and demand to cure, and CITY has failed to cure such default no less than within sixty (60) calendar days in advance of such termination of receipt of such notice. C. Obligations Upon Termination. Unless otherwise specified in the notice of termination, CONTRACTOR shall cease all work under this Agreement immediately upon receipt of notice of termination from CITY under Subsection A, or immediately upon CITY’S acknowledgment of receipt of CONTRACTOR’S notice of termination to CITY under Subsection B. Upon termination, CITY shall be immediately given title to and possession of all Work Product (as defined in Section XIII(A) of this Agreement) produced or developed pursuant to this Agreement up to the date of termination. Provided that CONTRACTOR is not then in breach, CITY shall pay 10 of 26 CONTRACTOR for any portion of the Services completed as of the date of termination, prorated as to the percentage of work completed as of the date of termination. CITY shall not be liable for any costs other than the charges or portions thereof which are specified herein. In no event shall CONTRACTOR be entitled to payment for unperformed services or services within the Scope of Services performed prior to the effective date of this Agreement; and CONTRACTOR shall not be entitled to receive more than the amount that would be paid to CONTRACTOR for the full performance of the Services up to date of termination. CONTRACTOR shall have no other claim against CITY by reason of such termination, including any claim for compensation, loss of profits or any other damages. VIII. COORDINATION OF WORK A. Selection of Representatives. The following principal of CONTRACTOR is hereby designated as the principal and representative of CONTRACTOR authorized to act in its behalf with respect to the work specified in this Agreement: 1. Michelle Russillo The foregoing principal may not be changed by CONTRACTOR without the express written approval of CITY. B. CITY Representatives. CITY’s representative shall be the City Manager, or such other person as designated by the City Manager of CITY. It shall be CONTRACTOR’s responsibility to assure that CITY’s representative is kept informed of the progress of the performance of the services, and CONTRACTOR shall refer any decision, which must be made by CITY, to CITY’s representative. Unless otherwise specified herein, any required CITY approval shall mean the approval of CITY’s representative. IX. INDEPENDENT CONTRACTOR A. CONTRACTOR Status. 1. CONTRACTOR is an independent contractor and not an employee of CITY. Neither CITY nor any of its officials, officers, employees or agents shall have any control over the conduct of CONTRACTOR or any of CONTRACTOR’s employees, volunteers or other personnel, except as herein set forth, and CONTRACTOR expressly warrants not to, at any time or in any manner, represent that CONTRACTOR, or any of CONTRACTOR’s officers, employees, agents, volunteers or independent contractors are in any manner officers, employees, or agents of CITY. It is distinctly understood that CONTRACTOR is, and shall at all times, remain as to CITY a wholly independent 11 of 26 contractor, and that CONTRACTOR’s obligations to CITY are solely such as are prescribed by this Agreement. 2. CITY shall not have the right to control the means by which CONTRACTOR accomplishes service rendered pursuant to this Agreement. CONTRACTOR shall, at its sole cost and expense, furnish all facilities, materials and equipment that may be required for furnishing services pursuant to this Agreement. 3. CONTRACTOR’s personnel shall not wear or display any CITY uniform, badge, identification number, or other information identifying such individual as an employee of CITY; and CONTRACTOR’s personnel shall not use any CITY e-mail address or CITY telephone number in the performance of any of the Services under this Agreement. CONTRACTOR shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as CONTRACTOR’s personnel require to perform any of the Services required by this Agreement. CONTRACTOR shall perform all Services off of CITY premises at locations of CONTRACTOR’s choice, except (a) as otherwise required for the performance of Services on CITY real property, vehicles or equipment; (b) as otherwise may from time to time be necessary in order for CONTRACTOR’s personnel to receive projects from CITY, review files and other documents on file at CITY, pick up or deliver any work product related to CONTRACTOR’s performance of any Services under this Agreement, or (c) as may be necessary to inspect or visit CITY locations and/or private property to perform such Services. 4. CONTRACTOR shall be responsible for and pay all wages, salaries, benefits and other amounts due to CONTRACTOR’s personnel in connection with their performance of any Services under this Agreement and as required by law. CONTRACTOR shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance. Notwithstanding any other agency, or local, State, or Federal policy, rule, regulation, statute or ordinance to the contrary, CONTRACTOR and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, retirement, pension, or other benefit or any incident of employment by CITY. 5. CONTRACTOR shall defend, 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 any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to CONTRACTOR’s personnel practices, or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section IX(A). In addition to 12 of 26 all other remedies available under law, CITY shall have the right to offset against the amount of any fees due to CONTRACTOR under this Agreement any amount due to CITY from CONTRACTOR as a result of CONTRACTOR’s failure to promptly pay to CITY any reimbursement or indemnification arising under this Section (9)(A). This duty of indemnification is in addition to CONTRACTOR’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. CONTRACTOR’s indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement. B. CONTRACTOR’S Personal Services - Inducement 1. This Agreement contemplates that the CONTRACTOR’s personal services and those of CONTRACTOR’s officers, employees, and agents are a substantial inducement to the CITY for entering into this Agreement. CONTRACTOR may not assign any interest in this Agreement, except upon written consent of CITY. CONTRACTOR shall have no authority, express or implied, to bind CITY to any obligation whatsoever. 2. Furthermore, CONTRACTOR shall not subcontract any portion of the performance contemplated under this Agreement without the prior written approval of the CITY. Nothing in this Agreement shall be construed as preventing CONTRACTOR from employing as many employees as CONTRACTOR deems necessary for the proper and efficient execution of this Agreement. C. PERS Eligibility Indemnification; Waiver. 1. In the event that CONTRACTOR or any employee, agent, or subcontractor of CONTRACTOR providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONTRACTOR or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of CITY. 2. Notwithstanding any other agency, local, State or Federal policy, rule, regulation, law, or ordinance to the contrary, CONTRACTOR and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by CITY, including but not limited to eligibility to enroll in PERS as an employee of CITY and entitlement to any contribution to be paid by CITY for employer contribution and/or employee contributions for PERS benefits. 13 of 26 X. INDEMNITY, DEFENSE, AND HOLD HARMLESS A. General Requirements. To the fullest extent required by law, and in addition to all other indemnification provisions of this Agreement, CONTRACTOR agrees to and shall defend, indemnify, and hold free and harmless CITY, its elected and appointed officials, officers, agents, employees, volunteers and those CITY agents serving as independent contractors in the role of CITY officials (collectively “the CITY Indemnitees” in this Section X), at CONTRACTOR’s sole cost and expense, from and against any and all claims, demands, actions, suits, damages, costs, expenses, liabilities, causes of action, proceedings, judgments, penalties, liens and losses, of any nature whatsoever, including but not limited to fees of accountants, attorneys, and other professionals, and all other costs associated therewith, and the payment of all consequential damages (collectively “Claims”), in law or in equity, whether actual, alleged or threatened, arising out of, pertain to or relate to the acts of omissions of CONTRACTOR, its officers, agents, servants, employees, volunteers, subcontractors, materialmen, suppliers or contractors, or their officers, agents, servants, employees or volunteers (or any entity or natural person that CONTRACTOR shall bear the legal liability thereof) in the performance of this Agreement, including the CITY Indemnitees’ active or passive negligence. Notwithstanding the foregoing, CONTRACTOR shall not be liable for the defense or indemnification of CITY for any Claims to the extent arising out of, pertaining to or relating to the sole negligence or willful misconduct of CITY, as determined by final arbitration or court decision or by agreement of the Parties. CONTRACTOR shall defend the CITY Indemnitees in any action or actions filed in connection with any Claims with counsel of the CITY Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. CONTRACTOR shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the CITY Indemnitees in connection therewith. B. Subcontractor Indemnification. CONTRACTOR shall obtain executed indemnity agreements with provisions identical to those in this Section X from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. If CONTRACTOR fails to obtain such indemnities, CONTRACTOR shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of CONTRACTOR’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any person, firm, entity or individual that CONTRACTOR’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the CITY Indemnitees’ active or passive negligence, except for Claims to the extent 14 of 26 arising from the sole negligence or willful misconduct of the CITY Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. C. Workers’ Compensation Acts Not Limiting. CONTRACTOR’s indemnification obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. CONTRACTOR expressly waives its statutory immunity under such statutes or laws as to CITY, its elected and appointed officers, officials, agents, employees, volunteers and those CITY agents serving as independent contractors in the role of CITY officials. D. Insurance and 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 Claims asserted against CITY or any of the other CITY Indemnitees. E. Survival of Terms. CONTRACTOR’s indemnifications and obligations under this Section X shall survive the expiration or termination of this Agreement. F. Supersedence. This Section shall supersede and replace all other indemnity provisions contained CONTRACTOR’s Proposal, which shall be of no force and effect. XI. INSURANCE CONTRACTOR shall procure and maintain for the duration of this Agreement and thereafter (unless specified below), at its cost, insurance in accordance with the requirements of this Section. Within ten (10) consecutive calendar days of the award of contract, CONTRACTOR shall furnish the CITY with the endorsements and Certificates of Insurance proving coverage as specified by this Section. A. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); and if CONTRACTOR is a limited liability company, the commercial general liability coverage shall be 15 of 26 amended so that CONTRACTOR and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds. 2. Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto). 3. Workers’ Compensation insurance: As required by the State of California and Employer’s Liability insurance. 4. Professional Liability coverage (or Errors and Omissions coverage). 5. Umbrella Liability Insurance [If required to meet higher limits]: Should CONTRACTOR obtain and maintain an umbrella liability insurance policy, limits should provide for bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions: a. A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer; b. “Pay on behalf of” wording as opposed to “reimbursement”; and c. Concurrency of effective dates with primary policies. Should CONTRACTOR obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies. B. Minimum Limits of Insurance. CONTRACTOR shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury, and property damage, and if Commercial General Liability Insurance with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement or the general aggregate limit shall be twice the required occurrence limit; 2. Professional Liability (or Errors and Omissions Liability). CONTRACTOR shall maintain professional liability insurance (or errors and omissions insurance) appropriate to CONTRACTOR’s profession, written on a per occurrence basis, with a limit of not less than $2,000,000 per claim and 16 of 26 $4,000,000 in the aggregate. If a “claims made” liability policy is provided, the policy shall be endorsed to provide an extended reporting period of not less than three years. 3. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage and include coverage for all owned, hired, and non-owned automobiles. 4. Workers’ Compensation and Employers Liability: Statutory Workers’ compensation insurance and Employer’s Liability Insurance with limits of $1,000,000 per accident for bodily injury or disease. C. Deductibles and Self-Insured Retention. Any deductibles or self-insured retentions applicable to insurance policies required herein must be declared to and approved by CITY prior to CONTRACTOR obtaining such insurance policy. In no event shall any insurance policy required in this Agreement have a deductible, self-insured retention, or other similar provision (including any fronting component) in excess of $50,000 without prior written approval of CITY in its sole discretion. At the option of CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY, its officers, elected and appointed officials, employees, volunteers, and those CITY agents acting as independent contractors in the role of CITY officials; or CONTRACTOR shall procure a bond guaranteeing payment of any losses, damages, expenses, costs or settlements up to the amount of such deductibles or self-insured retentions. D. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability, Automobile Liability, Umbrella / Excess Liability Coverage. a. Additional Insured Endorsement. CITY, its officers, elected and appointed officials, employees, volunteers, and those agents acting as independent contractors in the role of CITY officials, are to be covered as an additional insured as respects defense and indemnity against claims seeking recovery for: liability arising out of activities performed by or on behalf of CONTRACTOR; products and completed operations of CONTRACTOR; premises owned, occupied, or used by CONTRACTOR; or automobiles owned, leased, hired, or borrowed by CONTRACTOR. The coverage shall not extend to any indemnity coverage for the sole active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Civil Code § 2782(b), and shall contain no special limitations on the scope of protection afforded to CITY, its officers, elected and appointed officials, 17 of 26 employees, volunteers, and those agents acting as independent contractors in the role of CITY officials. b. Primary and Non-Contributory. The Agreement insurance coverage shall be primary insurance as respects to the CITY, its officers, elected and appointed officials, agents, employees, volunteers, and those CITY agents acting as independent contractors in the role of CITY officials. Any insurance or self-insurance maintained by the CITY, its officers, elected and appointed officials, agents, employees, volunteers, and those CITY agents acting as independent contractors in the role of CITY officials shall be excess of the CONTRACTOR’s insurance and shall not contribute with it. c. Separate Coverage. Except with respect to the limits of the liability, CONTRACTOR’s insurance shall apply separately to each insured against whom claim is made, or suit is brought and shall provide that an act or omission of one of the insureds shall not reduce or void coverage to the other insureds. CONTRACTOR’s insurance shall not exclude coverage for suits or claims brought by or on behalf of one insured against any other insured. d. Contractual Liability. The general liability and umbrella policies shall be endorsed to include contractual liability. 2. All Coverages a. 30-day Notice of Cancellation. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to CITY. b. Waiver of Subrogation. Each insurance policy required by this Agreement shall provide that CONTRACTOR and insurer waive any and all rights of subrogation against CITY, its officers, elected or appointed officials, agents, employees, volunteers, and those agents acting as independent contractors in the role of CITY officials for losses arising from work performed by CONTRACTOR for CITY. 3. 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. If CONTRACTOR maintains higher limits than the minimums shown above, CITY requires and shall be entitled to coverage for the higher limits maintained by CONTRACTOR. Any available 18 of 26 insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY. E. Acceptability of Insurers. Insurance is to be placed with insurers authorized to do business by the Insurance Commissioner in the State of California, with a rating by A.M. Best’s of no less than A, Class VII, and satisfactory to the City. All insurers shall be licensed by or holding admitted status in the State of California. F. Verification of Coverage. CONTRACTOR shall furnish CITY with certificates of insurance and with original endorsements affecting coverage required by this Section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms provided by CITY. Where, by statute, CITY’s workers’ compensation-related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted. All certificates and endorsements are to be received and approved by CITY before any Services commence, and shall evidence that all premiums have been paid for the entire forthcoming policy period. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time. The delivery to CITY of any certificates of insurance or endorsements hereunder which do not comply with the requirements set forth in this Agreement shall not waive CITY’s right to require such compliance. G. Failure to Maintain Insurance. If CONTRACTOR fails to obtain and maintain the insurance required hereunder, CITY shall have the right, but not the obligation, to obtain the same or similar insurance in the name and account of CONTRACTOR in which event CONTRACTOR shall pay the cost thereof and furnish upon demand all information that may be requested by CITY to permit CITY to obtain all such required coverage on behalf of CONTRACTOR. CITY shall have the right to offset (without recourse by CONTRACTOR) against any amounts owing to CONTRACTOR, amounts CITY reasonably incurs in obtaining insurance required of CONTRACTOR herein. H. Insurance No Limitation on Indemnity. The procurement of the insurance required in this Agreement or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of CONTRACTOR’s obligation to indemnify CITY or any of its officers, elected or appointed officials, agents, employees, volunteers, or those CITY agents acting as independent contractors in the role of CITY officials under any provision of this Agreement. 19 of 26 I. No Representation. Neither the CITY nor any of its officers, agents, employees, volunteers, or those CITY agents acting as independent contractors in the role of CITY officials make any representation that the types of insurance and the limits specified to be carried by CONTRACTOR under this Agreement are adequate to protect CONTRACTOR. If CONTRACTOR believes that any such insurance coverage is insufficient, CONTRACTOR shall provide, at its own expense, such additional insurance as CONTRACTOR tor deems adequate. J. Subcontractors. All subcontractors shall comply with all of the requirements stated in this Agreement. CONTRACTOR shall furnish the CITY with separate certificates and endorsements for each subcontractor. XII. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Agreement, CONTRACTOR agrees as follows: A. CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, religion, sex, marital status, national origin, or mental or physical disability. CONTRACTOR will ensure that applicants are employed and that employees are treated during employment, without regard to their age, race, color, religion, sex, marital status, national origin, or mental or physical disability. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non- discrimination clause. B. CONTRACTOR shall, in all solicitations and advertisements for employees placed by, or on behalf of CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, marital status, national origin, or mental or physical disability. C. CONTRACTOR shall cause the foregoing Subsection A and Subsection B to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials. 20 of 26 XIII. MISCELLANEOUS A. Ownership of Documents. 1. All reports, as well as all original files, data, field notes, reports, reproducible drawings, plans, studies, memoranda, computation sheets, floppy disks, photographs, images, video files, media, and other documents and materials assembled or prepared by CONTRACTOR or CONTRACTOR’s agents, officers, or employees in connection with this Agreement, including any and all copyright interest therein (collectively “Work Product”), shall be the property of the CITY and shall be delivered to the CITY upon either the completion or termination of the Project, and may be used, reused or otherwise disposed of by CITY for any purpose without CONTRACTOR’s consent. 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. Copies of said Work Product may not be retained by CONTRACTOR, and shall not be made available by CONTRACTOR to any individual or organization without the prior written approval of CITY, except as required by law. 2. CONTRACTOR or CONTRACTOR’s agents shall execute such documents as may be necessary from time to time to confirm City’s ownership of the copyright in such documents. B. Confidentiality. 1. CONTRACTOR covenants that Work Product (as defined in Section XIII(A) of this Agreement) developed or received by CONTRACTOR or provided for performance of this Agreement is deemed confidential and shall not be disclosed by CONTRACTOR without prior written authorization by CITY. CITY shall grant such authorization if applicable law requires disclosure. CONTRACTOR, its officers, 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 CITY. Response to a subpoena or court order shall not be considered “voluntary,” provided CONTRACTOR gives CITY notice of such court order or subpoena. 2. CONTRACTOR shall promptly notify CITY should CONTRACTOR , its officers, employees, agents, subcontractors or volunteers be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the Services performed thereunder. CITY may, but has no obligation to, represent CONTRACTOR or be present at any deposition, hearing or similar proceeding. 21 of 26 CONTRACTOR agrees to cooperate fully with CITY and to provide CITY with the opportunity to review any response to discovery requests provided by CONTRACTOR. 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. C. Notices. Any notices to be given pursuant to this Agreement shall be given by enclosing the same in the sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, addressed as follows: CITY: CONTRACTOR: City of Seal Beach Westminster Adoption Group and 211 8th Street Services (or WAGS) Seal Beach, CA 90740 6621 Westminster Boulevard Attn: City Manager Westminster, CA 92683 Attn: Michelle Russillo D. Enforcement of Agreement. This Agreement shall be construed and interpreted as to both validity and performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such county, and CONTRACTOR covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. E. Disputes. 1. In the event of any dispute arising under this Agreement, the injured Party shall notify the injuring Party in writing of its contentions by submitting a claim therefore. In the event of any dispute, CONTRACTOR shall be required to comply with the provisions of the California Government Claims Act (Cal. Gov. Code Section 810, et seq.) as a condition precedent to pursuing any court action. 2. The injured Party shall continue performing its obligations hereunder so long as the injuring Party cures any default within ninety (90) calendar days after service of the notice, or if the cure of the default is commenced within thirty (30) calendar days after service of said notice and is cured within a reasonable time after commencement; provided that, if the default creates an immediate danger to the health, safety, and general welfare, the CITY may take immediate action. Compliance with the provisions of this Section shall be a condition precedent to any legal action, and such compliance shall not be a waiver of any Party’s right to take legal action in the event that the dispute is not cured. 22 of 26 F. Waiver. No delay or omission in the exercise of any right or remedy of a non- defaulting Party on any default shall impair such right or remedy or be construed as a waiver. CITY’s consent or approval of any act by CONTRACTOR requiring CITY’s consent to or approval of any subsequent act of CONTRACTOR, or any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. G. Prohibited Interests; Conflicts Of Interest. 1. CONTRACTOR covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. CONTRACTOR further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, CONTRACTOR shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. CONTRACTOR shall not accept any employment or representation during the term of this Agreement which is or may likely make CONTRACTOR “financially interested” (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which CONTRACTOR has been retained. 2. CONTRACTOR further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for CONTRACTOR, to solicit or obtain this Agreement. Nor has CONTRACTOR paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for CONTRACTOR, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to CONTRACTOR hereunder the full amount or value of any such fee, commission, percentage or gift. 3. CONTRACTOR warrants and maintains that it has no knowledge that any officer or employee of CITY has any interest, whether contractual, non-contractual, financial, proprietary, or otherwise, in this transaction or in the business of CONTRACTOR, and that if any such interest comes to the knowledge of CONTRACTOR at any time during the term of this Agreement, CONTRACTOR shall immediately make a complete, written disclosure of such interest to CITY, even if such interest would not be deemed a prohibited “conflict of interest” under applicable laws as described in this Section. 23 of 26 H. Audit of Records. In accordance with generally accepted accounting principles, and in sufficient detail to permit an evaluation of all Services in connection therewith, CONTRACTOR shall maintain reasonably full and complete records of the cost of and performance of the Services provided under this Agreement. During the term of this Agreement and for a period of three (3) years after termination or expiration of this Agreement, the CITY shall have the right to inspect, audit and/or make copies of CONTRACTOR’s records pertaining to this Agreement and the Services performed or to be performed hereunder at CONTRACTOR’s office location. CONTRACTOR agrees to make available all pertinent records for the purpose of such inspection and/or audit at its offices during normal business hours and upon three (3) calendar day notice from the CITY. I. 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 CONTRACTOR when unsafe or harmful acts are observed or reported relative to the performance of the Services. CONTRACTOR shall maintain the work sites free of hazards to persons and property resulting from its operations. CONTRACTOR shall immediately report to the CITY any hazardous condition noted by CONTRACTOR. J. Labor Certification. By its signature hereunder, CONTRACTOR 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. K. Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. L. Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy and default, to recover 24 of 26 damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. M. Attorney’s Fees. If either Party commences an action against the other Party arising out of or in connection with this Agreement, the prevailing Party shall be entitled to recover reasonable attorney’s fees and costs of suit from the losing Party. N. Integration. This Agreement represents the entire understanding of the CITY and the CONTRACTOR. No prior oral or written understanding shall be of any force or effect with respect to those matters covered in this Agreement. Any work performed, which is inconsistent with or in violation of the provisions of this Agreement, shall not be compensated. This Agreement may not be altered, amended, or modified except in writing executed by both Parties hereto. O. Amendment. This Agreement may be amended only by the written mutual consent of the Parties. P. Non-Appropriation of Funds. Payments to be made to CONTRACTOR 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 CONTRACTOR’s Services beyond the current fiscal year, this Agreement shall cover payment for CONTRACTOR’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. Q. 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. R. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Seal Beach. 25 of 26 S. 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. T. 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. U. Supersedence of Prior Agreement. Upon the Effective Date, the Agreement for Animal Services dated June 26, 2023, as amended by Amendment No. 1, dated July 22, 2024, shall have no further force and effect. V. Corporate Authority. The person executing this Agreement on behalf of CONTRACTOR warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, CONTRACTOR is formally bound to the provisions of this Agreement. [signatures contained on following page] 26 of 26 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: _________________________ Patrick Gallegos,City Manager Attest: By: _________________________ Gloria D. Harper, City Clerk Approved as to Form: By: _________________________ Nicholas R. Ghirelli, City Attorney CONTRACTOR: WESTMINSTER ADOPTION GROUP AND SERVICES By: __________________________ Name: Its (title): By: __________________________ Name: Its (title): (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 – WAGS proposal with fees. We are agreeable to all scope items listed in the contract, and we confirm that we are in alignment with the following: • Contract terms of 3 years with options. • According to the contract with Seal Beach, CA, we will accept companion animals, stray dogs, community cats, and exotic animals. • We will ensure that all animals have proper housing and food. • We will adhere to established drop-off procedures, ensuring that Seal Beach Animal Control Officers have 24-hour access to the shelter portion of the facility. The ACO is given keys and alarm codes, as well as housing kennels are set up outside for easy drop-off after hours if the ACO is not comfortable entering the building. • Impound procedures are listed in the "Scope of Services." • The hospital can shelter 100 dogs and 300 cats. Westminster Adoption Group Services will adequately accommodate quarantined animals and those held for investigation following animal control guidelines. WAGS will utilize fostering as an option for caring for animals. • The animal shelter will comply with HSUS standards for operating an animal shelter. • We will allow Animal Control Officers to enter and inspect the premises during regular business hours and access as needed outside of regular business hours. ACO has access to inspect as requested. • Westminster Adoption Group Services will ensure outstanding care for all animals. Quality housing and food will be provided for all animals. We will offer clean and appropriate facilities for all animals. • Veterinary services are available on-site and via telemedicine. Still, there are times when emergency care must be provided by an outside contracted service, such as when WAGS does not have a veterinarian on site. An emergency care hospital is available for after-hours emergency care. • Pet owners are responsible for all routine and emergency veterinary care costs for their impounded animals, regardless of whether these fees are passed on to WAGS for any reason. However, Seal Beach will cover or reimburse WAGS for emergency veterinary care as specified in this document. In such cases, WAGS will bill the City of Seal Beach. Currently, no reimbursement system is in place, as Seal Beach Animal Control directly oversees and approves the costs related to emergency care provided at outside facilities. • We will meet all special handling requirements for quarantined animals and pets in protective custody. • We are responsible for making reasonable efforts to prepare and present animals for adoption. We will strive to find suitable adoption homes for all adoptable animals in the shelter, ensuring compliance with the required holding period. • We will meet the requirements for the disposal of unclaimed animals. We will ensure humane treatment and a holding period of 72 hours unless warranted for medical purposes. Animals will not be sold for medical research or other activities that may cause harm without the consent and approval of Seal Beach, CA, animal control. Exhibit B – WAGS contracted monthly services fee details (what we receive from WAGS) • Fee Proposal Shelter Care scope of services will include: 1. Examination, including intake of vaccines and following best practices of standard care in animal shelters with plans for live release unless otherwise deemed euthanasia is necessary for medical quality of life concerns or danger to the public to be on an adoption pathway. Assessments include input from a veterinarian, a behavioral team, and daily care attendants. WAGS has an active behavior enrichment program. When deemed safe, an out-of-kennel schedule is implemented, with volunteer engagement for exercise and calm time built into the daily schedules to reduce shelter stress. Documentation is collected and maintained in the required records, and SOPs are current to reflect care standards. 2. Radiographs if needed 3. Necessary diagnostic tests 4. Pain management, if needed 5. Administer antibiotics if needed 6. Wound care if needed WAGS Pet Adoption Contract term Year 1 - 7/1/2025-6/30/26 Year 2-7/1/2026-6/30/27 Year 3 -7/1/2027-6/30/28 Monthly Fee $11,500/month $12,075/month $12,678.75/month TNR/ $50 Male/$75 Female $5,000.00/year max $5,000.00/year max $5,000.00/year max Veterinarian on property - no fee emergency -$ -$ -$ After -hours emergncy - out of contract NOT WAGS NOT WAGS NOT WAGS Hoarding Case: 25 animals $5,000.00/incident $5,000.00/incident $5,000.00/incident Hoarding Case: 50 animals $10,000.00/incident $10,000.00/incident $10,000.00/incident Hoarding Case: 75 animals $15,000.00/incident $15,000.00/incident $15,000.00/incident Hoarding Case: 100 animals $25,000.00/incident $25,000.00/incident $25,000.00/incident Option year 4-7/1/2028-6/30/29 Option year 5-7/1/2029-6/30/30 Monthly Fee $13,312.69/month $13,978.32/month TNR/ $50 Male/$75 Female $5,000.00/year max $5,000.00/year max Veterinarian on property - no fee emergency -$ -$ After -hours emergncy - out of contract NOT WAGS NOT WAGS Hoarding Case: 25 animals $5,000.00/incident $5,000.00/incident Hoarding Case: 50 animals $10,000.00/incident $10,000.00/incident Hoarding Case: 75 animals $15,000.00/incident $15,000.00/incident Hoarding Case: 100 animals $25,000.00/incident $25,000.00/incident 7. Boarding and housing care 8. Supportive Care, if needed, for a pet that presents signs of poor quality of life 9. Euthanasia as needed 10. Documentation and records maintenance following the California Food and Agriculture Code 32003 11. Return home and Adoption procedures best practices. 12. Adoption/transfer pathway planning, as appropriate, including spay/neuter, TNR, specialty surgeries if deemed necessary, vaccines, current medications, microchipping, and documentation. Additionally, social media and many national lost animal websites will share a basic profile, such as Petco Lost Pets, Petfinder, and Pawboost. Euthanasia protocols are followed and deemed necessary for quality of life or are too dangerous if placed back into the community 13. Animals, except wildlife, are brought to WAGS through ACO, Owner Surrender, and Over the Counter. For reference, WAGS will attempt to schedule owner’s surrenders when space is available, utilizing a managed intake system. Managed intakes reduce overpopulation by scheduling the intake when there are fewer animals in care, especially dogs. If the owner needs to relinquish the animal immediately, with a fee to cover the cost of care, WAGS will assist them. Reimbursement of citizens’ fees collected WAGS Pet Adoption will reimburse the Seal Beach Police Department for any fees collected related to boarding, neutering, non-neutering, and other applicable charges as directed by the City, upon a pet owner redeeming their pet. All fees are recorded on our ShelterLuv system. Pet owners receive a receipt for all payments, and a comprehensive report—including the pet owner’s name, pet ID, fees collected, and a description of the charges provided to the city. Reimbursement of fees will be made within 45 days following the end of each month. Exhibit C – Emergency Procedure WAGS Pet Adoption will accept emergencies during regular business hours of operation when a veterinarian is on site. WAGS Pet Adoption offers a range of 40-50 hours of veterinary care per week. Currently, city services have to use an outside vendor for care when there is no veterinarian on staff. The vendor is a choice of the city and ACOs. WAGS will receive a pet after it is medically stable or for disposal in the event of euthanasia or DOA. WAGS does not have a secondary vet hospital to offer emergency services to Seal Beach as discussed upon original contract signing. Exhibit D –After-hours emergency procedures The Westminster Adoption Group Services offers fair and reasonable fees. Animal Control animals are brought to WAGS Pet Adoption when a veterinarian is on staff. After hours and on weekends, they are to be taken to the Orange County Emergency Pet Clinic, which has established care limits in collaboration with the Seal Beach Police Department. In the past, contracts have been responsible for all communications and contractual fees paid to the ER—after-hours emergency care to stay in the purview of the PD. WAGS currently has no authority and care standards set until the pet is transferred to WAGS in the am. Based on the current arrangements and future contracts. WAGS Pet Adoption does not have a veterinarian on staff 24 hours a day to handle such care requirements. It would be cost-prohibitive. We will adhere to established drop-off procedures, ensuring that Seal Beach Animal Control Officers have 24-hour access to the shelter portion of the facility. The ACOs are given keys and alarm codes, and housing kennels are set up outside for easy drop-off after hours if the ACO is not comfortable entering the building. Agenda Item M AGENDA STAFF REPORT DATE:July 28, 2025 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, City Manager FROM:Michael Henderson, Chief of Police SUBJECT:Homeland Security Grant Program Agreement for Transfer or Purchase of Equipment and Services for Reimbursement of Operation Costs for Fiscal Year 2024 Operation Stonegarden ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7679: 1. Authorizing the Chief of Police to execute an agreement on the City’s behalf for transfer or purchase of equipment and services for reimbursement of operating costs for FY 2024; and, 2. Authorizing any further actions necessary for the purpose of obtaining federal financial assistance provided by the Department of Homeland Security – Federal Emergency Management Agency and sub-granted through the Riverside Sheriff’s Department in connection with the Operation Stonegarden Homeland Security Grant Program. BACKGROUND AND ANALYSIS: The Department of Homeland Security (DHS), via the Homeland Security Grant Program, has allocated funds for use by local governments to increase coordination and enforcement capabilities in support of DHS goals, including those outlined in the Border Patrol National Strategy. As law enforcement partnerships between federal, state, and local entities are critical to improving operational control of the border, the City of Seal Beach is eligible to receive financial assistance in the form of reimbursement for equipment purchases, maintenance costs, overtime, and management and administration costs incurred, through the Riverside Sheriff’s Department sub-grants from the State of California. During the most recent Operation Stonegarden (OPSG) grant cycle, the Seal Beach Police Department applied for and was awarded funding to provide increased law enforcement patrols and special operations throughout the 1.5 miles of coastline, coastal access points, and flood control access points in the Page 2 2 1 0 0 jurisdiction of Seal Beach, in an effort to reduce smuggling and marine interdiction related crimes. The special operations will show high levels of law enforcement presence and serve as a criminal deterrent to help maintain coastal borders, and can lead to drug and vehicle seizures, as well as arrests. 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: Sufficient funding will be included in the FY 2026-2027 budget, the budget cycle in which these funds will be received. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7679: 1. Authorizing the Chief of Police to execute an agreement on the City’s behalf for transfer or purchase of equipment and services for reimbursement of operating costs for FY 2024; and, 2. Authorizing any further actions necessary for the purpose of obtaining federal financial assistance provided by the Department of Homeland Security – Federal Emergency Management Agency and sub-granted through the Riverside Sheriff’s Department in connection with the Operation Stonegarden Homeland Security Grant Program. SUBMITTED BY: NOTED AND APPROVED: Michael Henderson Patrick Gallegos Michael Henderson, Chief of Police Patrick Gallegos, City Manager Prepared by: Brian Gray, Emergency Services Coordinator Page 3 2 1 0 0 ATTACHMENTS: A. Resolution 7679 B. 2024 Operation Stonegarden Memorandum of Agreement RESOLUTION 7679 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AND AUTHORIZING THE CHIEF OF POLICE TO EXECUTE THE SUB-AWARD AGREEMENT BETWEEN CITIES OF SEAL BEACH, RIVERSIDE SHERIFF’S DEPARTMENT, AND OTHER PARTICIPATNG AGENCIES FOR THE FY 202 4 OPERATION STONEGARDEN GRANT PROGRAM WHEREAS, the Department of Homeland Security Appropriations Act provides funding to address the needs of improving operational control of the border through increased coordination and enforcement capabilities through Operation Stonegarden (OPSG); and, WHEREAS, the Seal Beach Police Department is eligible to receive financial assistance in the form of reimbursement for equipment, maintenance costs, overtime, and management and administrative costs incurred, through Homeland Security sub-grants from the Riverside Sheriff’s Department. NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine, and order as follows: Section 1. The City Council hereby approves the agreement for transfer or purchase of equipment and services for reimbursement of operating costs FY 2024 Operation Stonegarden (OPSG) Homeland Security Grand Program and to take any further actions necessary for the purpose of obtaining federal financial assistance provided by the Department of Homeland Security – Federal Emergency Management Agency (FEMA) and sub-granted through the Riverside Sheriff’s Department. Section 2. The City Council hereby authorizes and directs the Chief of Police and/or the City Manager to execute the agreement and any other documents necessary to receive and use the grant funds. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of July 2025 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Lisa Landau, 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 7679 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of July 2025. Gloria D. Harper, City Clerk Agenda Item {{item.number}} AGENDA STAFF REPORT DATE: July 28, 2025 TO: Honorable Mayor and City Council THRU: Patrick Gallegos, City Manager FROM: Michael Henderson, Chief of Police SUBJECT: Approve Updated Job Specification for Police Services Manager Classification ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7680 approving an updated job specification for the Police Services Manager (PSM) classification. BACKGROUND AND ANALYSIS: The City of Seal Beach routinely reviews position descriptions to ensure they accurately reflect operational needs and industry standards. The scope of non‑sworn, professional public‑safety services—including parking enforcement, traffic control, jail operations, and animal control—has expanded significantly since the Police Services Manager specification was created. A comprehensive review identified several areas requiring revision to align duties, minimum qualifications, and supervisory responsibilities with current practices. Key updates include: • Consolidates oversight of parking enforcement, traffic investigations, animal control, and jail operations under a single civilian manager responsible for program coordination, performance monitoring, and vendor relations. • Clarifies supervisory authority over Senior Community Services Officers, Police Aides, Crossing Guards, and other professional staff personnel, emphasizing employee development, coaching, and accountability. • Strengthens emphasis on public education and community engagement regarding traffic safety and responsible pet ownership. • Aligns minimum qualifications with industry best practice by requiring four (4) years of varied police community service experience (including leadership), California Law Enforcement Telecommunications System (CLETS) certification Page 2 within three (3) months of appointment, and coursework in police science or a related field. • Modernizes physical demands and environmental elements sections to comply with current occupational safety guidance. These revisions promote recruitment and retention of high‑quality professional staff, support succession planning within the Support Services Bureau, and improve service delivery to Seal Beach residents. 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 adopt Resolution 7680 approving an updated job specification for the Police Services Manager (PSM) classification. SUBMITTED BY: NOTED AND APPROVED: Michael Henderson Patrick Gallegos Michael Henderson, Chief of Police Patrick Gallegos, City Manager Prepared by: Nick Nicholas, Support Services Bureau Captain ATTACHMENTS: A. Resolution 7680 B. Police Services Manager Updated Job Specification RESOLUTION 7680 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE JOB SPECIFICATION FOR POLICE SERVICES MANAGER WHEREAS, the City of Seal Beach currently has the position of Police Services Manager; and, WHEREAS, the requirements and responsibilities of this classification have become outdated, necessitating updated job classifications to properly reflect the requirements and duties being performed; and, WHEREAS, City Council is the only governing body who can approve job specifications. NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine, and order as follows: Section 1. The City Council hereby approves the updated job specifications of Police Services Manager. PASSED, APPROVED, AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of July 2025 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Lisa Landau, Mayor ATTEST: Gloria D. Harper, City Clerk 1 0 2 9 9 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 7680 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of July 2025. Gloria D. Harper, City Clerk Police Services Manager Page 1/6 Police Services Manager Department/Division: Police/Support Services Reports To: Support Services Bureau Lieutenant Provides Direction To: Non-Sworn Police Department Staff FLSA Exemption Status: Non-Exempt Date Prepared: July 28, 2025 Date Adopted by City Council: July 28, 2025 GENERAL PURPOSE Under general supervision, oversees the daily operations of non-sworn public safety services including parking enforcement, traffic control, jail operations, animal control, and related support functions within the Police Department. The Police Services Manager provides direct supervision to Senior Community Services Officers and Police Aides assigned to field duties, ensures coordination of the Crossing Guard program, coordinates with vendors and contractors, and promotes public education on responsible pet ownership and traffic safety. DISTINGUISHING CHARACTERISTICS This is a mid-management, non-sworn civilian position responsible for the oversight and coordination of key operational support programs including parking enforcement, traffic investigations, traffic control, animal control, and jail operations. The Police Services Manager is expected to work independently with a high degree of professionalism and initiative. This class is distinguished from other non -sworn positions in that it is responsible for technical and functional supervision of lower-level staff and is capable of performing the most complex duties assigned to the division. This role is further distinguished by its broad scope of responsibilities, active engagement with outside agencies and contractors, and emphasis on both enforcement and public education. ESSENTIAL FUNCTIONS Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job. Public Assistance & Records • Provides assistance to the public, in the field, at the front desk, and on the phone; provides general policy and procedural information concerning police department operations and record keeping procedures. • Responds to public and employee inquiries in a courteous manner; provides information within the area of assignment; resolves complaints and contested citations in an efficient and timely manner. Police Services Manager Page 2/6 • Asks standard and more varied questions to complete initial and basic police crime reports such as incident reports, stolen or lost vehicle reports, injury and non -injury traffic reports, court appearances, and missing person reports. • Writes traffic collision reports and reviews a variety of other reports for completeness and accuracy. • May take and write basic reports, as assigned. Parking Enforcement & Patrol • Patrols assigned routes to enforce parking and related traffic ordinances, including timed zones, meters, and street sweeping areas; issues citations, writes warnings, and amends previously issued citations. • Issues non-moving traffic citations for violations observed. • Impounds and provides for the storage of vehicles. • Monitors parking street and beach meters for violations. • Maintains effective and pleasant relations with merchants and the public to provide equitable and orderly control of vehicular parking. Traffic Control & Field Support • Responds quickly and safely to emergency calls; provides traffic control as needed during emergencies, special events, and traffic accidents. • Responds to field calls for service as needed, including traffic collisions, traffic control, and vehicle tows. • Assists officers and non-sworn staff as needed, including assisting with street closures, checkpoints, and other special events, providing transportation for citizens, and delivering documents to various City locations. • May assist sworn personnel in special assignments such as checkpoints, DUI operations, and transportation of documents or equipment. Code Enforcement & Investigations • Enforces miscellaneous municipal codes, including sign violations, abandoned property, and vehicle violations. • Reports needed repairs of streets and traffic signs and signals to appropriate staff. • Reports traffic accidents and criminal activities or related occurrences to appropriate Police units. Data, Reports & Equipment • Prepares daily, monthly, and month-end activity reports and inputs computer data relative to traffic citations, towing, traffic accidents, and other related police matters. • Researches and retrieves pertinent data relative to multiple parking citation violations; may perform other research and review of statistical data. • Operates and maintains specialized equipment, including police radios and cones. Supervision & Staff Development • Supervises and participates in the work of Senior Community Services Officers and Police Aides assigned to field-based public safety functions. • Conducts employee performance evaluations, sets expectations and goals for staff, documents performance, and administers corrective action when needed in consultation with Human Resources and the Support Services Bureau Lieutenant. • Coaches, trains, and mentors staff; ensures compliance with department policies and procedures and fosters a positive and professional work environment. Police Services Manager Page 3/6 • Oversees the City's Crossing Guard program, ensuring coverage at designated intersections, managing the upkeep and distribution of safety equipment such as signs and vests, and collecting and approving timesheets each pay period. Operational Coordination • Coordinates daily operational tasks in the areas of traffic control, parking enforcement, animal control, and jail operations. • Works closely with external contractors and vendors to coordinate animal control services, jail maintenance, and traffic-related operations. • Coordinates logistics for special events, including street closures and traffic flow planning. Jail Operations • Oversees jail operations to ensure compliance with department policy, applicable laws, and safety standards. • Monitors the condition and functionality of jail facilities and equipment, and coordinates maintenance or repairs as needed. • Ensures jail operations meet Title 15 requirements (if applicable) and maintains related documentation and training records. Animal Control Program Oversight • Oversees the animal control program, ensuring timely response to calls for service involving loose, stray, or injured animals; manages impound, quarantine, and transport procedures; ensures enforcement of municipal and state laws regarding animals. • Oversees field response related to animal control in the absence of dedicated Animal Control Officers. • Coordinates with designated animal shelter providers and ensures appropriate intake, care, and recordkeeping for impounded animals. • Investigates complaints of animal cruelty, barking dogs, dangerous animals, and violations of leash and licensing laws. • Develops and implements best practices related to community cat management, including trap-neuter-return (TNR) protocols and public education. • Maintains ongoing communication with shelter staff, veterinarians, and other animal welfare partners to ensure humane and effective services. • Conducts public outreach and education regarding responsible pet ownership, licensing laws, and available animal services. • Coordinates or supports community events such as spay/neuter clinics, microchipping drives, and pet adoption initiatives. Other Duties • Performs other duties as assigned. These are not to be construed as exclusive or all inclusive. Other duties may be required and assigned. QUALIFICATIONS GUIDELINES Knowledge of: Police Services Manager Page 4/6 • Basic principles of supervision and training; functions, principles, and practices of law enforcement agencies; • Methods and procedures of parking enforcement and patrol; • Principles and practices of traffic control; • Applicable Federal, State, and local laws, regulatory codes, ordinances, and procedures relevant to assigned area of responsibility; t • Terminology and procedures used in public safety dispatching; • City geography, maps, streets, landmarks, and driving directions; • Basic principles of record keeping; • Principles and practices of data collection and report preparation; • Modern office practices, methods, and computer equipment; • Use and application of law enforcement software systems, including Computer - Aided Dispatch (CAD), Records Management Systems (RMS), and citation management platforms; • English usage, grammar, spelling, vocabulary, and punctuation; • Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, and City staff. Ability to: • Plan, schedule, assign, and oversee activities of assigned non-sworn police personnel; • Inspect the work of others and maintain established quality control standards; • Train others in proper and safe work procedures; • Identify and implement effective course of action to complete assigned work; • Identify violations of parking law and enforce applicable parking regulations; • Respond to emergency calls in a timely fashion; • Understand and follow oral and written instructions; • Memorize codes, names, street locations, and other information; • Read and interpret maps and other pertinent documentation; • Interpret, apply and explain policies, procedures, regulations, ordinances, codes, and regulations; • Assess situations while remaining calm and using sound, independent judgment; • Maintain accurate records and files; • Compile and summarize information and data to prepare accurate, clear, and concise reports; • Organize own work, set priorities, and meet critical deadlines; • Safely and effectively use and operate specialized equipment required for the work; • Operate modern office equipment including computer equipment and software programs; • Learn and effectively utilize specialized law enforcement systems and databases, including CAD, RMS, and citation processing tools; • Use English effectively to communicate in person, over the telephone, and in writing; • Use tact, initiative, prudence, and independent judgment within general policy and legal guidelines in politically sensitive situations; • Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work. Education/Training/Experience: Police Services Manager Page 5/6 • Equivalent to the completion of the twelfth (12th) grade supplemented by college - level course work in police science, criminal law, or a related field. Experience & Training: • Four (4) years of varied experience related to police community service work, preferably including some work in a leadership role, or two (2) years of experience equivalent to Senior Community Services Officer at the City of Seal Beach. • California Law Enforcement Telecommunications System (CLETS) – Less Than Full Access Operator training within three (3) months of appointment. Licenses, Certificates; Special Requirements: A valid Class C California driver’s license, acceptable driving record, and evidence of insurance. Ability to work extended hours to meet shift needs, complete reports, attend meetings, or conduct investigative business. Ability to work under sometimes unsafe and uncomfortable conditions where exposure to environmental factors such as odors, dust, noise, human or animal violence, disease, or machinery may constitute discomfort and where there is risk of injury, usually requiring minimal recovery. PHYSICAL AND MENTAL DEMANDS The physical and mental demands described here are representative of those that must be met by employees to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Physical Demands Must possess mobility to work in the field; strength, stamina, and mobility to perform light physical work, to climb and descend vehicles, and to operate a motor vehicle and varied tools and equipment; vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone or radio. The job involves fieldwork requiring frequent walking in operational areas to identify problems or hazards. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate above -mentioned tools and equipment. Positions in this classification bend, stoop, kneel, reach, and climb to perform work and inspect work sites. Employees must possess the ability to lift, carry, push, and pull materials and objects up to 25 pounds. Mental Demands While performing the duties of this class, the employee is regularly required to use oral and written communication skills; read and interpret data; thoroughly analyze and solve problems; use math and mathematical reasoning; establish priorities and work on multiple assignments and projects concurrently; and interact appropriately with law enforcement personnel, general public, and others in the course of work. Reasonable Accommodations Police Services Manager Page 6/6 The City of Seal Beach complies with the Americans with Disabilities Act (ADA). Qualified individuals with disabilities who may need a reasonable accommodation to perform the essential functions of the job may request a reasonable accommodation by contacting the Human Resources Department. WORK ENVIRONMENT This position performs office and field work. When assigned to the office setting, the noise levels are typically quiet, at or below 85 decibel levels. When in the field, employees are assigned to a police vehicle and are subject to variable weather conditions and traffic , road hazards, vibration, mechanical and/or electrical hazards, and hazardous physical substances and fumes. Employees may interact with upset staff and/or public and private representatives, and contractors in interpreting and enforcing departmental policies and procedures.