Loading...
HomeMy WebLinkAboutPacket 04272026     A G E N D A MEETING OF THE CITY COUNCIL Monday, April 27, 2026 ~ 7:00 PM City Council Chambers 211 Eighth Street Seal Beach, California LISA LANDAU MAYOR Third District BEN WONG MAYOR PRO TEM Second District   JOE KALMICK COUNCIL MEMBER First District                                                           PATTY SENECAL COUNCIL MEMBER Fourth District     NATHAN STEELE COUNCIL MEMBER Fifth District     This  Agenda  contains  a  brief  general  description  of  each  item  to  be  considered. No  action  or discussion shall be taken on any item not appearing on the agenda, except as otherwise provided by law. Supporting documents, including agenda staff reports, and any public writings distributed by the City to at least a majority of the Council Members regarding any item on this agenda are available on the City’s website at www.sealbeachca.gov.   City  Council  meetings  are  broadcast  live  on  Seal  Beach  TV-3  and  on  the  City's  website (www.sealbeachca.gov). Check  SBTV-3  schedule  for  the  rebroadcast  of  meetings.  The meetings are also available on demand on the City’s website (starting 2012).   In  compliance  with  the  Americans  with  Disabilities  Act  of  1990, if  you  require  disability  related modifications  or accommodations, including  auxiliary  aids  or  services  to  attend  or  participate  in  the City  Council  meeting, please  call  the  City  Clerk's  office  at  (562) 431-2527  at  least 48 hours prior to the meeting. CALL TO ORDER PLEDGE OF ALLEGIANCE COUNCIL ROLL CALL PRESENTATIONS / RECOGNITIONS •Recognition of Golden Age Foundation President Anna Derby •57 Annual Professional Municipal Clerks Week Proclamation May 3-9, 2026 •American Red Cross Sound the Alarm Initiative •SMART Goals Update •Arbor Day Proclamation – April 30, 2026 •Recognition of Management Analyst Sean Sabo 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 CONSENT CALENDAR Items on the consent calendar are considered to be routine and are enacted by a single th 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  Capital  Improvement  Program  Budget  Study  Session, Closed Session and Regular City Council meetings held on April 13, 2026.   B.Demand on City Treasury (Fiscal Year 2025)  - Ratification.   C.Monthly Investment Report (April 27, 2026) - Receive and file.   D.Report of City Manager and Department Heads Authorized Contracts -  That the City Council receive and file the report.   E.City Council Appointment - It  is  at  the  request  of  Council  Member  Kalmick that  the  City  Council  appoint  Sherri  Drum  to  the  Citizen-Council  Olympic Advisory Ad Hoc Committee.   F.Second Reading and Adoption of Ordinance 1726 Regarding City Parking Regulations - That  the  City  Council  conduct  a  second  reading, by title only, and  adopt Ordinance  1726 titled, “An  Ordinance  of  the City  Of  Seal Beach  Amending  Certain  Sections  of  Chapter  8.15  (Stopping, Standing  and Parking) of  the  Seal  Beach  Municipal  Code  to  Modernize  Paid  Parking Provisions, Establish  a  Residential  Parking  Permit  Program  Framework, Clarify  Curb-Use  Regulations  Including  Daylighting  Near  Crosswalks, and Make Other Technical Revisions.”   G.Professional Services Agreement with Transtech Engineers, Inc. - That the  City  Council  adopt  Resolution  7758: 1. Approving  the  Professional Services  Agreement  with  Transtech  Engineers, Inc. for  $472,000  in  Building Division  staffing  services  and  65  percent  of  designated  plan  check  fees  for building plan check services; and, 2. Authorizing  the  City Manager to execute the Agreement.   H.Professional Services Agreement with Infinity Technologies - That  the City  Council  adopt  Resolution  7759: 1. Approving  the  Professional  Services Agreement  with  Infinity  Technologies  for  ongoing  GIS  support  services  for  a two-year term in the not-to-exceed amount of $72,000; and, 2. Authorizing the City Manager to execute the Agreement with Infinity Technologies on behalf of the City.   I.Agreement with Municipal Water District of Orange County for Water Loss Control Shared Services Participation - That  the  City  Council  adopt Resolution  7760  authorizing  the  City  Manager  to  execute  the  Water  Loss Control  Participation  Agreement  with  the  Municipal  Water  District  of  Orange County.   J.Awarding and Authorizing a Professional Service Agreement with Environmental Compliance Inspection Services for Fats, Oils and Grease Inspection Services - That  the  City  Council  adopt  Resolution  7761: 1. Approving  and  awarding  a  professional  services  agreement  with Environmental  Compliance  Inspection  Services  in  the  amount  of  $52,575  to provide  Fats, Oils  and  Grease  Inspection  Services  for  the  original  three  (3) years in a not-to-exceed amount of $52,575; and, 2. Authorizing and directing the  City  Manager  to  execute  the  Agreement; and, 3. Authorizing  the  City Manager the option to extend the Agreement up to two (2) additional one-year terms  after  its  original  term  for  a  not-to-exceed  amount  of  $17,525  per additional term.   K.Approving and Authorizing the Purchase of a Mechanical Beach Cleaner for Coastal Grooming and Beach Maintenance, and Budget Amendment BA #26-10-02 - That  the  City  Council  adopt  Resolution  7762: 1. Authorizing the  purchase  of  one  (1) Barber  Surf  Rake  for  coastal  grooming  and  beach maintenance  in  the  not-to-exceed  amount  of  $90,171.25; and, 2. Authorizing and  directing  the  City  Manager  to  approve  a  purchase  order  and  any necessary  related  documents  for  the  coastal  grooming  equipment  purchase; and, 3. Approving  Budget  Amendment  BA  #26-10-02  in  the  amount  of $90,171.25; and, 4. Authorizing  the  City  Manager  to  surplus  existing equipment upon the completion of the new equipment purchase.   L.Approving and Authorizing the Purchase of Three (3) Portable Standalone Pumps for Emergency Storm Event Response and Sewer Bypass Operation - That  the  City  Council  adopt  Resolution  7763: 1. Finding that  the  purchase  of  three  (3) portable  standalone  pumps  from  the  Charles King  Company  for  emergency  storm  event  response  and  sewer  bypass operation may proceed without satisfaction of the formal bid requirements due to  the  circumstances  applicable  to  the  need  for  the  purchase  of  the  pumps during  this  fiscal  year  and  to  ensure  immediate  full  operational  readiness while mitigating further  unnecessary rental  fees, and  therefore  the net cost to the  City  will  be  reduced  by  dispensing  with  bidding; and, 2. Authorizing  the purchase  of  two  (2) portable  standalone  pumps  dedicated  to  storm  event response, and (1) portable standalone pump for sewer bypass operation, for a total  of  three  (3) standalone  pumps  from  the  Charles  King  Company  in  the amount of $245,722.62, and rejecting all other quotes; and, 3. Authorizing and directing  the  City  Manager  to  approve  purchase  orders  and  any  necessary related documents for the portable pump purchases.   M.Homeland Security Grant Program Agreement to Transfer Property or Funds for Fiscal Year 2023 - That the City Council adopt Resolution 7764: 1. Approving  the  Agreement  to  Transfer  Property  or  Funds  for  Fiscal  Year  2023 Homeland  Security  Grant  Program  Purposes; and, 2. Authorizing  the  City Manager  to  execute  the  agreement  and  any  related  documents  on  the  City’s behalf that are necessary for the transfer of property or funds under the Fiscal Year 2023 Homeland Security Grant Program.   N.Amendment 1 to the Professional Services Agreement with ClientFirst Technology Consulting - That  the  City  Council  adopt  Resolution  7765: 1. Approving  Amendment  1  to  the  Professional  Services  Agreement  with ClientFirst Technology Consulting, for a 12-month extension to expire on June 30, 2027; and, 2. Directing  the  City  Manager  to  execute  Amendment  1  on behalf of the City.   ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARING – None UNFINISHED / CONTINUED BUSINESS – None NEW BUSINESS – None ADJOURNMENT Adjourn the City Council to Monday, May 11, 2026 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   Certificate of Recognition Anna Derby 20 Years of Volunteer Service in Leisure World APRIL 27, 2026 American Red Cross| Sound the Alarm Seal Beach •139 Volunteers •392 Smoke Alarms Installed •174 Escape Plans Made •203 Home Fire Checklists Reviewed •302 Residents served in 228 Homes! 1 STRATEGIC PLANNING SESSION REPORT: UPDATE November 8, 2025 April 27, 2026 OVERVIEW •Staff began planning in summer of 2025. •Unlike in previous years where a consultant was used, staff fully executed the meeting. Achieved cost savings, narrowed in on specific goals, and offered more opportunities for community engagement. •The public meeting was held on November 8, 2025, and was an opportunity for council members to gain consensus and provide direction to staff. •The meeting was advertised, open to the public and included multiple public comment opportunities. •By the end of the session, eight (8) SMART goals were created. ⚬SMART = specific, measurable, achievable, relevant, time- bound. •Several items were highlighted during the workshop and placed on a Future Focus List to stay on track of the agenda but capture items that need additional consideration at a future date. www.sealbeachca.gov GOAL #1: Provide a billboards progress report for Council consideration. ✓Vendor reference checks are substantially complete as part of the project’s due diligence process. ✓An initial coordination meeting has been held with Colantuono, Highsmith & Whatley to review key legal considerations and confirm the framework for the agreement. ✓Draft agreement development is underway, with initial terms and structure currently being developed. GOAL #2: Facilitate further discussions in order to prepare a roadmap for constructing the Lifeguard Headquarters / Police Department Substation. ✓Presented preliminary conceptual strategies at the CIP Study Session and initiated discussions to establish a roadmap for project construction. ✓Evaluated initial funding strategies, including potential revenue sources to support debt service if financing is pursued. ✓Conducted preliminary discussions with external agencies regarding current and future grant and financing opportunities. ✓Consulted with California Coastal Commission staff regarding permitting considerations and similar coastal projects. GOAL #3: Complete smaller-scale beautification projects in the Greater Main Street Area that can be funded by the current adopted budget. ✓Greater Main Street Vision Plan has been shared with Council. Will share with Business First Working Group upon committee formation. ✓Main Street on-street parking stalls have been restriped. “NO U TURN” signage repainted. ✓Main Street streetlight demonstration fixtures have been installed. Full corridor deployment is pending Council feedback. ✓Preliminary staff-level conversations have been had regarding part time Maintenance Aide pay scale. ✓Preliminary staff-level conversations have been had regarding staffing levels to support Greater Main Street Area maintenance, including pressure washing. GOAL #4: Provide a paid parking staff report to Council. ✓Parking Municipal Code updated to reflect current parking technology. ✓Code language amended to reflect paid parking in off-street lots only. ✓First reading of Code change at April 13 City Council meeting. ✓Second reading April 27 City Council meeting. GOAL #5: Create a Business First Working Group to evaluate the Main Street Specific Plan and consider updates related to franchises, entertainment, and other changes. ✓The creation of the Business First Ad-Hoc Committee was approved by the City Council on January 26, 2026. ✓Confirmation of the Committee appointees was approved at the March 23, 2026 City Council meeting. ✓First meeting on May 20th, 5:30 pm. GOAL #6: Consider opportunities for the expansion of special events citywide. ✓On March 20th a new weekly farmers market opened at the base of the Seal Beach Pier. ✓Staff is currently considering an expansion of the summer concerts to include a closure of Ocean Ave between Main Street and 10th Street. The applicant has submitted this request, and it is in review by the City. ✓The City will be hosting a Senior Resource Fair in May at the North Seal Beach Center, and a “Pink Walk” on October 3rd. . GOAL #7: Create an Olympics Working Group for the 2028 Summer Olympics in Los Angeles. ✓The Olympic Committee was formed at the council meeting on January 26th. ✓Committee members have been appointed. ✓Committee has held first meeting. Meeting are open to the public. GOAL #8: Communicate the Strategic Plan to the public and Council. ✓Released the Strategic Planning Session report, provided a presentation to Council on January 26, 2026, and shared the report via the newsletter, social media, and community meetings. ✓Provided update to Council on April 27, 2026. NEXT STEPS •Progress and status updates for the goals will be reviewed in 90 to 120 days. •City Council guidance on Future Focus items will occur separately from the eight (8) SMART goals. VIEW THE REPORT HTTPS://WWW.SEALBEACHCA.GOV/CITY-OF-SEAL-BEACH-STRATEGIC-PLAN Agenda Item A AGENDA STAFF REPORT DATE:April 27, 2026 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 Capital Improvement Program Budget Study Session, Closed Session and Regular City Council meetings held on April 13, 2026. 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 Capital Improvement Program Budget Study Session, Closed Session and Regular City Council meetings held on April 13, 2026. Page 2 2 2 6 8 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 - Capital Improvement Program Budget Study Session – April 13, 2026 B. Minutes - Closed Session, April 13, 2026 C. Minutes - Regular Session, April 13, 2026 Seal Beach, California April 13, 2026 The City Council met in a Special City Council Capital Improvement Program (CIP) Budget Workshop at 5:13 p.m. in the City Council Chambers. ROLL CALL Present: Mayor Landau Council Members: Kalmick, Wong, Senecal, Steele Absent: None City Staff: Patrick Gallegos, Interim City Manager Michael Henderson, Police Chief Joe Bailey, Marine Safety Chief Shaun Temple, Director of Community Development Barbara Arenado, Director of Finance/City Treasurer Iris Lee, Director of Public Works Gloria D. Harper, City Clerk Craig Covey, Orange County Fire Authority Division 1 Chief Kelsey Yonemura, Financial Analyst Brandon DeCriscio, Deputy City Clerk Jennifer Robles, Management Analyst Sean Sabo, Management Analyst Sean Low, Deputy Director of Public Works/Maintenance and Utilities Kathryne Cho, Deputy Director of Public Works/City Engineer Tim Kelsey, Recreation Manager David Spitz, Associate Engineer Sara Holm, Executive Assistant Two (2) Supplemental Communications were received after posting the agenda; they were distributed to the City Council and made available to the public. BUDGET WORKSHOP A. Proposed Fiscal Year 2023-2024 Capital Improvement Program Budget Public Works Director Lee provided an overview of the Public Works Department’s Core Services, FY 2026-27 Proposed Budget Summary, Capital Improvement Program funding sources and strategies, City infrastructure, recent and ongoing construction, General Fund and related grants, and current and future Capital Improvement Programs. Marine Safety Chief Bailey discussed ongoing issues with the lifeguard headquarters building. Council Members asked questions, offered comments, discussed, and received clarification about the ongoing projects, the Lifeguard Headquarters, the federal funding process, the Capital Improvement Program Budget and 5-Year CIP Programs. PUBLIC COMMENTS Mayor Landau opened oral communications. Speakers: James Jensen, Theresa Miller, and Catherine Showalter. Mayor Landau closed oral communications. ADJOURNMENT Mayor Landau adjourned the meeting at 6:34 p.m. to meet in Closed Session. Gloria D. Harper, City Clerk City of Seal Beach Approved: Lisa Landau, Mayor Attested: Gloria D. Harper, City Clerk 1 0 7 6 9 Seal Beach, California April 13, 2026 The City Council met in Closed Session at 6:35 p.m. in the City Hall Conference Room. ROLL CALL Present: Mayor Landau Council Members: Kalmick, Wong, Senecal, Steele Absent: None City Staff: Nicholas R. Ghirelli, City Attorney Patrick Gallegos, City Manager Iris Lee, Director of Public Works Gloria D. Harper, City Clerk ORAL COMMUNICATIONS Mayor Landau opened oral communications. Speakers: None. Mayor Landau closed oral communications. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) – One potential (1) case involving a threat of litigation regarding a proposed development at 4665 Lampson Avenue, Los Alamitos, CA. A record of the threats of litigation is available for inspection in the City Clerk’s office. ADJOURNMENT Mayor Landau adjourned the Closed Session meeting at 6:59 p.m. Gloria D. Harper, City Clerk City of Seal Beach Approved: Lisa Landau, Mayor 1 0 7 6 9 Attested: Gloria D. Harper, City Clerk Seal Beach, California April 13, 2026 The City Council met in Regular Session at 7:07 p.m. in the City Council Chambers. Mayor Pro Tem Wong led the Pledge of Allegiance. ROLL CALL Present: Mayor Landau Council Members: Kalmick, Wong, Senecal, Steele Absent: None City Staff: Nicholas R. Ghirelli, City Attorney Patrick Gallegos, City Manager Michael Henderson, Police Chief Barbara Arenado, Director of Finance Iris Lee, Director of Public Works Shaun Temple, Director of Community Development Gloria D. Harper, City Clerk Craig Cover, Orange County Fire Authority Division 1 Chief Nick Nicholas, Police Captain Mike Ezroj, Police Captain Tim Kelsey, Recreation Manager Michael Peterman, Human Resources Manager Sara Holm, Executive Assistant Jennifer Robles, Management Analyst David Spitz, Associate Engineer Brandon DeCriscio, Deputy City Clerk Council Member Senecal moved, second by Council Member Steele to allow public comment after the Mid-Year Budget Update Presentation, rearrange the order of the agenda to move item H after Presentations/Recognitions, and allow the public to comment on item H. AYES: Kalmick, Senecal, Steele, Wong, Landau NOES: None ABSENT: None ABSTAIN: None Motion carried PRESENTATIONS / RECOGNITIONS Neurodiagnostic Week April 19-25, 2026, Proclamation Proclaiming April 19-25, 2026, as Cal Cities Week Mid-Year Budget Update Mayor Landau opened oral communications for the Mid-Year Budget Update. Speakers: 1 0 7 7 0 Bruce Bennett and Rob Jahncke addressed the City Council. Mayor Landau closed oral communications. NEW BUSINESS H. Approving and Authorizing Amendments to the Seal Beach Municipal Code Pertaining to Parking Regulations, the Residential Parking Permit Program, Paid Parking, and Other Regulations - That the City Council introduce, waive full reading, and read by title only, Ordinance 1726, an Ordinance of the City of Seal Beach Amending Certain Sections of Chapter 8.15 (Stopping, Standing and Parking) of the Seal Beach Municipal Code (SBMC) to modernize paid parking provisions, establish a residential parking permit program framework, clarify curb- use regulations including daylighting near crosswalks, and make other technical revisions. Mayor Landau called upon Police Chief Henderson. Police Chief Henderson called upon Dixon Resources Unlimited President Julie Dixon to provide an in-depth presentation of the staff report. Mayor Landau opened oral communications. Speakers: Schelly Sustarsic, Myra Romero and Theresa Miller, addressed the City Council. Mayor Landau closed oral communications. A discussion ensued between Council Member Senecal, Dixon Resources Unlimited President Julie Dixon, City Attorney Ghirelli, Director of Community Development Temple, Police Chief Henderson, Mayor Pro Tem Wong, Mayor Landau, and City Manager Gallegos. Council Member Senecal noted her desire for clarity in the ordinance about what streets and parking lots would have paid parking. City Attorney Ghirelli recommended removing the word “and” from the first sentence in Section A of Section 8.15.105 of the Seal Beach Municipal Code. Council Member Senecal moved, second by Mayor Pro Tem Wong to introduce, waive full reading, and read by title only, Ordinance 1726, “An Ordinance of the City of Seal Beach Amending Certain Sections of Chapter 8.15 (Stopping, Standing and Parking) of the Seal Beach Municipal Code (SBMC) to modernize paid parking provisions, establish a residential parking permit program framework, clarify curb-use regulations including daylighting near crosswalks, and make other technical revisions and remove the word “and” from the first sentence in Section A of Section 8.15.105 of the Seal Beach Municipal Code.” 1 0 7 7 0 AYES: Kalmick, Senecal, Wong, Landau NOES: Steele ABSENT: None ABSTAIN: None Motion carried ORAL COMMUNICATIONS Mayor Landau opened oral communications. Speakers: Enea Ostrich, Myra Romero, Crystal Menser, Rasish Khatri, Rob Jahncke, Chad Berlinghieri, Dan Brandt, and Ken Seiff, 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 G for separate consideration. Council Member Steele moved, second by Council Member Senecal, to approve the agenda. AYES: Kalmick, Senecal, Steele, Wong, Landau NOES: None ABSENT: None ABSTAIN: None Motion carried CITY ATTORNEY REPORT City Attorney Ghirelli reported that the City Council met in Closed Session regarding the one (1) item on the posted agenda. All five (5) Council Members were present, and no reportable action was taken. CITY MANAGER REPORT City Manager Gallegos reported that Run Seal Beach was a huge success and thanked the Run Seal Beach Board, volunteers, and staff. He also reported meeting with Senator Strickland’s District Director, Chip Ahlswede, and congratulated Seal Beach resident Latasha Turpin on the grand opening of April Rae by the Sea. 1 0 7 7 0 Additionally, he noted that staff and Mayor Pro Tem Wong met regarding the Haynes Generating Station Recycled Water Pipeline Project, and that staff will be conducting a peer review of the structural integrity of the College Park Drive Bridge. Lastly, City Manager Gallegos called upon Police Chief Henderson, who reported an increase in coyote sightings. Police Chief Henderson informed the public of the City’s coyote sighting portal on the City’s website and announced that cowbells used to deter coyotes, are available at the Police Department. COUNCIL COMMENTS Council Member Steele reported his attendance at the Golden Rain Foundation (GRF) Board Meeting, the Seal Beach City Rotary Meeting, the League of California Cities Tax and Revenue Committee Meeting, the Orange County Fire Authority (OCFA) and Orange County Red Cross Sound the Alarm event, the Orange County District Attorney 2026 Crime Victims’ Right Ceremony. the Leisure World Lions Club Inaugural Meeting, the meeting between the Golden Rain Foundation (GRF), the Municipal Water District of Orange County (MWDOC) and the City of Seal Beach regarding Assembly Bill (AB) 1572, the Orange County Older Adult Advisory Commission (OC-OAAC) Meeting. Council Member Steele noted his attendance at meetings where he heard presentations from San Juan Capistrano Mayor John Campbell, and from Orange County Clerk Recorder Hugh Ngyuen. He noted that he visited the Seal Beach Farmers Market and that the market has been a huge success so far. He encouraged public attendance at the market. Additionally, he congratulated local former Congresswoman Michelle Steel on her appointment as the United States Ambassador to South Korea. Lastly, he recognized April 15th as Yom HaShoah and acknowledged remembrance of the holocaust. Council Member Kalmick reported his attendance at the Orange County Council of Governments (OC-COG) Meeting, the Seal Beach Naval Weapons Station semi-annual Meeting, the Rolling Hills Estates Rivers and Mountains Conservancy Nature Center Groundbreaking Ceremony, a Southern California Association of Governments (SCAG) Webinar, the SCAG Regional Council Meeting, and a tour of the Port of Los Angeles. Additionally, Council Member Kalmick encouraged the public to visit the Seal Beach Farmers Market. Council Member Senecal reported her attendance at the Southern California Association of Governments (SCAG) Regional Council meeting. Additionally, Council Member Senecal thanked Chief Henderson, College Park East 1 0 7 7 0 Resident Dan, Recreation Manager Kelsey and City staff for their work on the FLOCK license plate reader cameras, the parking districts, the Seal Beach Tennis and Pickleball Center. She also thanked staff for the in-depth Council presentations. Mayor Pro Tem Wong reported his attendance at the Leisure World Golden Rain Foundation (GRF) Quarterly Update, the Staff Engagement Team Luna Memorial Bench Unveiling Ceremony, the Chamber of Commerce Speed Networking event, Run Seal Beach, the Fullerton Vision 2026 event, the Leisure World Lions Club Inaugural Meeting, the College Park West Preserve Group Graffiti Cleanup event, the shops at Rossmoor Asset Management Group Meeting, the Leisure World First Tuesday event, the meeting between the Golden Rain Foundation (GRF), the Municipal Water District of Orange County (MWDOC) and the City of Seal Beach regarding Assembly Bill (AB) 1572 and the April Rae by the Sea Ribbon Cutting Ceremony. Additionally, Mayor Pro Tem Wong thanked the Run Seal Beach Board, the Seal Beach Police Department, the Seal Beach Lions Club and the volunteers for their work on Run Seal Beach. Lastly, Mayor Pro Tem Wong announced that he was a speaker at the Small Business Administration Department local brokers and leasing agents’ event. He noted that he spoke to the Realty Investment Association of California at the event about several issues in the City. Mayor Landau announced her attendance at the Orange County Sanitation District (OCSan) Board Meeting, the OCSan Wastewater 101 Citizen Academy graduation, the Orange County Fire Authority (OCFA) Fire Ops 26 event, and the Leisure World Lions Club Inaugural Meeting. She noted her excitement over the Leisure World Lions Club. Additionally, Mayor Landau called upon City Manager Gallegos to report on an email that was received expressing appreciation for the City’s work on the Luna Memorial Bench Unveiling Ceremony. COUNCIL ITEMS There were no Council Items. CONSENT CALENDAR Mayor Pro Tem Wong moved, second by Council Member Kalmick to approve the recommended actions on the consent calendar with the exception of Item G. A. Approval of the City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on March 23, 2026. B. Demand on City Treasury (Fiscal Year 2026) Ratification. 1 0 7 7 0 C. Adoption of a Resolution Proclaiming April 19-25, 2026 as California Cities Week - That the City Council adopt Resolution 7753 proclaiming the week of April 19 through April 25, 2026 as California Cities Week. D. Approving and Authorizing the Amended and Restated County-Wide Agreement for NPDES Stormwater Permit Implementation - That the City Council adopt Resolution 7754:1. Approving the Amended and Restated Agreement with the County of Orange, Orange County Flood Control District and participating Orange County Cities for National Pollutant Discharge Elimination System stormwater permit implementation services; and, 2. Authorizing and directing the City Manager to execute the Agreement on behalf of the City. E. Consideration of an Agreement with Flock Group, Inc. for the Installation and Use of Fixed Automated License Plate Reader Cameras at Certain Locations Near the 405 Freeway and 22 Freeway Ramps - That the City Council adopt Resolution 7755 approving and authorizing the City Manager or his designee to enter into a three-year agreement with Flock Group, Inc. (Flock) for the installation of additional Automated License Plate Reader (ALPR) cameras in the City of Seal Beach near the 405 and 22 freeways, with a not-to-exceed amount of $54,150. F. Consideration of an Agreement with Flock Group, Inc. for the Installation and Use of Fixed Automated License Plater Reader Camera(s) at Certain Locations within College Park East - That the City Council adopt Resolution 7756 approving and authorizing the City Manager or his designee to enter into a three-year agreement with Flock Group, Inc. (Flock) for the installation of additional Automated License Plate Reader (ALPR) cameras in the City of Seal Beach in the areas of Lampson and Basswood and Lampson and Tulip, with a not-to-exceed amount of $36,600. G. Fiscal Year 2025-26 Mid-Year Budget Update and Consideration of Proposed Amendment to the Fiscal Year 2025-26 Budget - That the City Council receive and file the Fiscal Year 2025-26 Mid-Year Budget Update and adopt Resolution 7757 to approve Budget Amendment BA #26-10-01. The vote below is for the Consent Calendar Items with the exception of Item G. AYES: Kalmick, Senecal, Steele, Wong, Landau NOES: None ABSENT: None ABSTAIN: None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR 1 0 7 7 0 G. Fiscal Year 2025-26 Mid-Year Budget Update and Consideration of Proposed Amendment to the Fiscal Year 2025-26 Budget - That the City Council receive and file the Fiscal Year 2025-26 Mid-Year Budget Update and adopt Resolution 7757 to approve Budget Amendment BA #26-10-01. Mayor Landau called upon City Manager Gallegos. City Manager Gallegos called upon Council Member Senecal. A discussion ensued between Council Member Senecal, Finance Director Arenado, and City Manager Gallegos regarding how to allocate one-time revenue funds. Mayor Pro Tem Wong moved, second by Council Member Senecal adopt Resolution 7757 to approve Budget Amendment BA #26-10-01. AYES: Kalmick, Senecal, Steele, Wong, Landau NOES: None ABSENT: None ABSTAIN: None Motion carried PUBLIC HEARING There was no public hearing. UNFINISHED/CONTINUED BUSINESS There was no unfinished/continued business. ADJOURNMENT Mayor Landau adjourned the City Council at 10:16 p.m. to Monday, May 11, 2026, 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 1 0 7 7 0 Attested:____________________________ Gloria D. Harper, City Clerk Agenda Item D AGENDA STAFF REPORT DATE: April 27, 2026 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 January 1, 2026 – March 31, 2026: AGREEMENT DATE DEPARTMENT VENDOR AMOUNT PURPOSE EXPIRATION DATE 12/1/2025 Public Works CivicStone, Inc. $ 5,000.00 Grant Administration Services 6/30/2027 1/31/2026 City Manager PSST Acquisition LLC $ 2,422.25 2025 ACA Federal Reporting, Printing, and Mailing Forms 1095-C 1/31/2027 2/10/2026 Finance Hinderliter de llamas & Associates $41,000.00 Business License Tax Study Services 6/30/2026 3/9/2026 Public Works ENCORP $ 1,490.00 Mold and Asbestos Testing Services Upon Project Completion 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 2025-2026 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:April 27, 2026 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, City Manager FROM:Gloria D. Harper, City Clerk SUBJECT:City Council Appointment ________________________________________________________________ SUMMARY OF REQUEST: It is at the request of Council Member Kalmick that the City Council appoint Sherri Drum to the Citizen-Council Olympic Advisory Ad Hoc Committee. BACKGROUND AND ANALYSIS: Pursuant to Government Code Section 54974(a), whenever an unscheduled vacancy occurs on any board, commission, or committee for which the legislative body has the appointing power, an unscheduled vacancy notice shall be posted and appointment to the board, commission, or committee shall not be made by the legislative body for at least ten (10) working days after the posting of the notice. The notice of resignation from Steven Riggs was received in the City Clerk’s Office on March 26, 2026, and the required Notice of Vacancy was posted on March 30, 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 no financial impact for this item. Page 2 2 2 8 1 STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: It is at the request of Council Member Kalmick that the City Council appoint Sherri Drum to the Citizen-Council Olympic Advisory Ad Hoc Committee. SUBMITTED BY: NOTED AND APPROVED: Gloria D. Harper Patrick Gallegos Gloria D. Harper, City Clerk Patrick Gallegos, City Manager ATTACHMENTS: A. Sherri Drum Application (Redacted) Agenda Item F AGENDA STAFF REPORT DATE:April 27, 2026 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, City Manager FROM:Gloria D. Harper, City Clerk SUBJECT:Second Reading and Adoption of Ordinance 1726 Regarding City Parking Regulations ________________________________________________________________ SUMMARY OF REQUEST: That the City Council conduct a second reading, by title only, and adopt Ordinance 1726 titled, “An Ordinance of the City of Seal Beach Amending Certain Sections of Chapter 8.15 (Stopping, Standing and Parking) of the Seal Beach Municipal Code to Modernize Paid Parking Provisions, Establish a Residential Parking Permit Program Framework, Clarify Curb-Use Regulations Including Daylighting Near Crosswalks, and Make Other Technical Revisions.” BACKGROUND AND ANALYSIS: At its meeting on April 13, 2026, the City Council approved the introduction of Ordinance 1726 titled “An Ordinance of the City of Seal Beach Amending Certain Sections of Chapter 8.15 (Stopping, Standing and Parking) of the Seal Beach Municipal Code to Modernize Paid Parking Provisions, Establish a Residential Parking Permit Program Framework, Clarify Curb-Use Regulations Including Daylighting Near Crosswalks, and Make Other Technical Revisions.” The City Council requested an edit to the Ordinance to clarify that paid parking zones are only established at the off-street municipal parking lots. Section 8.15.105.A of the Ordinance confirms that such paid parking zones are not located directly on Main Street, Ocean Avenue, Central Avenue, and Electric Avenue, but instead in the municipal lots along those streets. In addition, a typographical error was corrected in revised section 8.15.110.D.1.b (the phrase “by resolution” should have been located after the word “modified”). Typos may be corrected without reintroducing a proposed ordinance. This item is to conduct a second reading and adopt Ordinance 1726 in compliance with State law and the City Charter requiring that ordinances be adopted at least five (5) days after introduction at a regular or adjourned regular meeting. Upon adoption and pursuant to City Charter Section 414, the Ordinance will be published within fifteen (15) days after adoption. Page 2 2 2 7 9 ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The proposed Ordinance has been reviewed as to form. FINANCIAL IMPACT: There is no financial impact for this item. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council conduct a second reading, by title only, and adopt Ordinance 1726 titled, “An Ordinance of the City of Seal Beach Amending Certain Sections of Chapter 8.15 (Stopping, Standing and Parking) of the Seal Beach Municipal Code to Modernize Paid Parking Provisions, Establish a Residential Parking Permit Program Framework, Clarify Curb-Use Regulations Including Daylighting Near Crosswalks, and Make Other Technical Revisions.” 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. Ordinance 1726 1 1 1 1 0 5 ORDINANCE 1726 AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CERTAIN SECTIONS OF CHAPTER 8.15 (STOPPING, STANDING AND PARKING) OF THE SEAL BEACH MUNICIPAL CODE TO MODERNIZE PAID PARKING PROVISIONS, ESTABLISH A RESIDENTIAL PARKING PERMIT PROGRAM FRAMEWORK, CLARIFY CURB-USE REGULATIONS INCLUDING DAYLIGHTING NEAR CROSSWALKS, AND MAKE OTHER TECHNICAL REVISIONS THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1.Section 8.15.010 (No Parking Areas) of the Seal Beach Municipal Code is hereby amended in its entirety to read as follows: “§ 8.15.010. No Parking Areas. General. It shall be unlawful for the driver of a vehicle to stop, park, or leave standing such vehicle, whether attended or unattended, in any of the following locations, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer, traffic officer, or traffic sign or signal: 1. In an intersection; 2. In a crosswalk; 3. Within twenty (20) feet of any marked or unmarked crosswalk (known as the “daylighting” rule), including curb extensions (bulb-outs), which are sidewalk extensions designed to improve crosswalk visibility and eliminate parking within the daylighting setback; 4. Within a divisional island, unless authorized by signage or markings; 5. In such no parking or restricted parking areas as designated by the city; 6. In such no parking or restricted parking areas as may be defined, designated or established by city council resolution; 7. In violation of any provision of this code or applicable state law; 8. On a sidewalk; 9. On any portion of the area extending from a roadway edge of the curb (or from the highest point of a rolled curb) to the sidewalk; 10.In any area where stopping, standing or parking of vehicles is prohibited as indicated by signs or by red paint upon the curb surface; 2 1 1 1 0 5 11.In any area where the stopping, standing or parking of the vehicle would block the entrance to a garage or driveway. This provision shall not apply if the owner or occupant thereof has granted permission; and 12.In the Surfside Colony in any area between the white lines where stopping, standing or parking of the vehicle would constitute a hazard.” Section 2.Section 8.15.070 (Curb Markings) of the Seal Beach Municipal Code is hereby amended in its entirety to read as follows: “§ 8.15.070. Curb Markings. The traffic engineer or designee shall utilize the following curb markings to indicate parking regulations: A. Red: no stopping, standing or parking at any time except as permitted by the Vehicle Code or this Code, and except that a bus may stop in a red zone that is signed or marked as a bus zone. B. Yellow: no stopping, standing or parking during hours designated by signage for any purpose other than loading or unloading of passengers or materials. The period of active passenger loading and unloading shall not exceed 3 minutes, and the period of materials loading and unloading shall not exceed 20 minutes. C. White: no stopping, standing during posted hours for any purpose other than loading or unloading of passengers, or depositing mail in an adjacent mailbox, for a period of time not exceeding 3 minutes. When the zone is in front of a theater, the restrictions shall apply only when the theater is open. When the zone is established at a taxicab stand, taxicabs, rideshare vehicles and automobiles for hire may remain in the zone for 20 minutes. D. Green: no stopping, standing or parking between hours and on days designated by City Council resolution for a period longer than the time indicated on the curb unless otherwise indicated by signs or curb markings. E. Blue: no stopping, standing or parking by any vehicle except vehicles operated by disabled persons that display either a special license plate or a distinguishing placard issued pursuant to state law. F. A licensed driver shall be present in or immediately adjacent to any vehicle stopped for the purpose of active loading or unloading passengers or materials.” 3 1 1 1 0 5 Section 3.The definition of “Oversize Vehicle” in Section 8.15.085 (Parking of Oversize Vehicles) of the Seal Beach Municipal Code is hereby amended to read as follows: “Oversize Vehicle: a vehicle or combination of vehicles that exceeds 20 feet in length or 90 inches in width or 90 inches in height exclusive of projecting lights or devices as allowed by Vehicle Code Sections 35109 and 35110. "Oversize vehicle" does not include a sedan or limousine manufactured expressly for carrying 10 or fewer passengers.” Section 4.Section 8.15.105 (Parking Meter and Zones) of the Seal Beach Municipal Code is hereby amended in its entirety to read as follows: “§ 8.15.105. Paid Parking Zones. A. Paid parking zones are hereby established at the off-street municipal parking lots along Main Street, Ocean Avenue, Central Avenue, and Electric Avenue as delineated on the "City of Seal Beach Parking Meter Zone Map" dated September 23, 2002. Such map is incorporated herein by reference. The City Manager or the designee thereof shall cause paid parking devices to be installed and maintained in all paid parking zones. Paid parking devices include any device used to accept payment for parking, including parking meters, pay stations, web applications, mobile devices, associated signage, and other methods approved by the Police Department. B. The payment to be deposited in paid parking devices, or by other approved methods of payment, the parking time allowed following deposit of payment, the hours during which such deposits are required, and the days of the week and the weeks of the year during which such deposits are required for paid parking in all zones shall be prescribed by city council resolution. C. Paid parking devices in paid parking zones shall be operated according to the posted signs. The paid parking device fees for paid parking zones shall be prescribed by city council resolution. D. No person shall do any of the following: 1. Fail to deposit the paid parking device fee immediately after parking a vehicle in a paid parking zone and for the entire time that person has a vehicle parked in the paid parking zone during the paid parking hours of operation. 2. Deposit in a paid parking device a defaced coin, slug, or other counterfeit currency. 3. Deface, injure, or tamper with a paid parking device. 4 1 1 1 0 5 4. Attach a bicycle, newsrack, fabric, handbill, flier, sticker, note, or other article to a paid parking device. 5. Allow a vehicle owned or operated by such person to remain parked at a paid parking space beyond the expired time. 6. Park a vehicle across a line or marking designating a paid parking space. 7. Park a vehicle that does not conform to the maximum vehicle length limit applicable to the lot. 8. Allow a vehicle parked by such person to remain in a paid parking space after receipt of a citation for failure to pay the paid parking fee. A violation of this provision shall occur after passage, from the issuance of the citation, of the parking time limit of the lot. 9. Purchase time for paid parking using any method of payment for the purpose of increasing or extending the parking time of any vehicle beyond the legal parking time which has been established for the parking space or zone adjacent to which said paid parking device is placed. E. The parking of a vehicle at a paid parking space beyond the expired payment time shall constitute prima facie evidence that the vehicle has been parked in such space longer than permitted by this section. F. Mechanical failure of a paid parking device shall be a defense to a citation for failure to pay the paid parking fee, provided that the person cited is not responsible for such failure.” Section 5.Section 8.15.110 (Parking Permits) of the Seal Beach Municipal Code is hereby amended in its entirety to read as follows: “§ 8.15.110. Parking Permits. A. The City Manager or designee shall be authorized and directed to issue, upon written applications, parking permits. Each such permit shall be designated by city council resolution to reflect the particular parking permit parking district as well as the license plate number of the motor vehicle for which it is issued. Consistent with this chapter, the City Manager or designee is authorized to issue such written rules and regulations as he or she deems necessary or appropriate to govern the process and terms for the issuance of parking permits. Rules and regulations shall be available for public review at City Hall and at the Police Department during normal business hours. This section is subject to the following restrictions by neighborhood: 5 1 1 1 0 5 1.Old Town 5 1 1 1 0 5 a. On Main Street, Ocean Avenue from Eighth Street to Tenth Street, and Central Avenue from Eighth Street to Tenth Street, residential parking permits may allow 2-hour parking. b. In the municipal parking lots on Main Street, residential parking permits may allow parking between the hours of 12:00 a.m. and 6:00 a.m. c. In the Eighth Street city employee parking lot south of Central Avenue, residential parking permits may allow parking between the hours of 12:00 a.m. and 6:00 a.m. d. In the library lot, parking permits may allow residential parking between the hours of 12:00 a.m. and 6:00 a.m. G. Parking permits may be issued in the following categories: 1. Residential Parking Permit. Any city resident living within an approved residential parking permit area may purchase a residential parking permit. Applicants shall submit their name, address, proof of residence and the make, model and license number of each vehicle. Permits shall be validated as directed by the city. 2. Guest Parking Permit. Any city resident living within an approved residential parking permit area may purchase guest parking permits. Applicants shall submit their name, address and proof of residence. Permits shall be validated as designated by the city. Permits shall be valid within timeframes designated by the city. 3. Merchant/Employee Parking Permit. Any merchant or employee working within the Old Town area may purchase a merchant/employee parking permit. Applicants shall submit their name, business address, proof of employment and the make, model and license number of the vehicle. Permits shall be displayed or validated as directed by the city. This permit shall be valid for parking on certain streets or parking lots as designated by the city. 4. Contractor Parking Permit. Any contractor conducting business within the city may purchase a contractor parking permit. Contractors must possess an active city contractor business license to qualify for purchase. Permits shall be valid within timeframes designated by the city. H. Parking Permit Exemptions. 6 1 1 1 0 5 1. A motor vehicle that has been assigned a valid parking permit as provided for herein shall be permitted to stand or be parked in a permit parking area for which the permit has been issued without being limited by time restrictions established pursuant to this article or any resolution hereunder; provided, however, that such vehicle remains subject to the 72-hour parking limitation and any other applicable restrictions imposed by this Code or the Vehicle Code. Any vehicle that has not been issued a valid parking permit shall be subject to the permit parking and other posted regulations and consequent penalties in effect for such area. 2. A parking permit or any other permit as designated by city council shall not guarantee or reserve to the holder thereof any parking space within the residential permit parking area for which the permit was issued. 3.Residential permit parking restrictions shall not apply to police vehicles, authorized emergency vehicles, or city-owned vehicles when used for official business. I. Designation Criteria For Residential Parking Permit Areas. 1. Designation of residential permit parking areas will be limited to areas with a recommended minimum street-frontage of approximately 2,000 feet that experience impacts from external parking demand which include factors such as commercial areas, recreational areas, schools and neighboring cities. The following shall be the process by which the City Council can consider any such area for designation as a residential permit parking area: a. Initiation by Residents: The City Council shall consider for designation as a residential permit parking area any such proposed area for which a petition has been submitted that meets and satisfies the following requirements and any administrative guidelines adopted by the City Council: i. A petition signed by a majority (51% or greater) of dwelling units within the proposed area is required. ii. Only one signature per dwelling unit will be considered for a petition. iii. For petitions involving rental complexes, the residents, property managers, and property owners may participate in the petition survey. iv. If the units in a multifamily property are individually owned, each owner would be included in the petitioning 7 1 1 1 0 5 process. If a unit is owned by more than one owner, only one signature for that unit is allowed. v. Upon receipt of a valid resident's petition for a residential permit parking area as described above, the City Manager or designee shall do the following: 1. Provide a notice of intent to establish residential permit parking restrictions shall be sent to all dwelling units within the proposed residential permit parking area; 2. Conduct or cause to be conducted a parking occupancy survey to determine the utilization of on-street parking, by which a 70% parking occupancy threshold of all available on-street parking and visible off-street parking is required for further consideration; 3. Refer the matter to the Planning Commission for review; and 4. Present to the City Council for final action, a resolution that would establish a residential permit parking area in accordance with requirements of this article, including all regulations and time restrictions determined by the City Council to be reasonable and necessary for such area. 5. Once City Council has taken final action on such a resolution to establish a residential permit parking area, no further changes or requests for changes in resident permit parking restrictions for this area will be considered for a minimum period of one year. 6. The City Manager or designee may restrict all or certain portions of City-owned property other than streets, alleys or highways as residential permit parking only; when authorized signs have been posted giving notice of such residential permit parking restrictions. It is unlawful and an infraction for any person to park or leave standing a vehicle within such area during the times and days when such parking is prohibited, 8 1 1 1 0 5 other than a vehicle that has been issued a valid residential parking permit or exempted pursuant to Section 8.15.110 C of this article. b. The City Council may establish or modify, by resolution, a designated residential permit parking area in any manner consistent with this article and Vehicle Code Section 22507. 2. Initiation by City Council: Nothing in this section shall be construed to limit the authority of the City Council to establish a permit parking district in the absence of a resident’s petition in accordance with Vehicle Code Section 22507. J. Designation Criteria For Merchant/Employee Parking Permit Areas. 1. Merchant permits are issued on an annual basis from July 1st through June 30th of each year. 2. Only businesses with an active business license may purchase merchant permits. 3. Only employees with proof of current employment at a business with an active business license may purchase employee permits. 4. Merchant/Employee permits are non-transferable. K. Designation Criteria for Contractor Permits. 1. Contractor permits are for contractors doing business in the City and are valid for 12 months from the date of purchase. 2. Contractors must have an active Contractor Business License (SBMC 5.10.115) to qualify for purchase of these permits and they are only valid from 7:00 am to 5:00 pm, Monday through Friday. 3. No extensions or fee reductions will be implemented related to contractor permits. L. Issuance and Duration of Residential Permits. 1. Residential parking permits shall be issued by the Police Department in accordance with the requirements set forth in this article and shall be valid only in the residential permit parking area for which it is issued. 2. Residential parking permits shall be issued with a term not to exceed one year, unless earlier revoked or terminated, provided however that a permit 9 1 1 1 0 5 shall automatically terminate when the permit holder ceases to reside in the designated residential permit parking zone. 3. No residential parking permit issued pursuant to this article shall be transferable from the permit holder to any other person, nor from one vehicle to another. M. Residential Permit Policies. 1. A residential parking permit may be issued only to an eligible driver who can demonstrate that they currently reside at an eligible dwelling unit within the residential permit parking area for which the permit is to be issued. 2. To be issued a residential parking permit, each eligible driver shall provide the following information: a. The applicant’s full, true name and home address, and proof of residence; b. The applicant’s driver’s license’ c. A valid and current vehicle registration and license plate number of the vehicle for which a permit is being requested; d. The applicable fee; and e. Such other information as required by the Police Department. 3. A temporary residential parking permit shall be issued to an eligible driver for a rented or borrowed registered vehicle where the eligible driver, residing in a residential permit parking zone, demonstrates their own vehicle is unavailable for that driver's use for a temporary period. Such permits will expire upon the return to use of the originally permitted vehicle or its replacement. 4. The City Council may, by resolution, limit the number of permits issued to any resident, dwelling unit, or residential permit parking area if such limitation would further the goals of the residential permit parking program. 5. Residential parking permits will not be issued to non-motorized vehicles (i.e., trailers) or to commercial vehicles that are registered at business addresses. For the purposes of this article, a “commercial vehicle” shall have the same meaning as that term is defined in Section 260 of the California Vehicle Code. 10 1 1 1 0 5 N. Guest Parking Permits. 1. The City Council may, by resolution, authorize the issuance of temporary guest parking permits in any residential permit parking area. When authorized, a resident within a residential permit parking area may apply for temporary parking permits for use by their guests in the residential permit parking area where the resident resides. 2. Guest permits may be issued under the following conditions: a. The resident applicant for a guest parking permit has not reached the limits, if any, set by the City Council. b. Such other conditions and restrictions that the City Council by resolution imposes or that the City Manager, or designee, deems appropriate. 3. Use of guest parking permits shall comply with residential permit parking regulations established pursuant to this article to be valid within the residential permit parking area for which it was assigned. 4. Intentional or repeated misuse of guest parking permits by a resident or their guests may be cause for revocation of the resident’s guest parking permit privileges. 5. A guest parking permit shall be valid for a prescribed period of time, commencing upon the date authorized, and shall exempt the applicable vehicle from parking time restrictions established pursuant to this article. O. Establishment of Residential Parking Permit Area. Upon adoption by the City Council of a resolution designating a residential permit parking area, street parking in the area shall be limited for a period as determined by the City Manager or designee, with input from the area residents and as may be specifically posted; provided, however, that parking shall be allowed by vehicles for which a residential or visitor's parking permit has been obtained in accordance with requirements of the ordinance unless otherwise designated. P. Posting of Residential Permit Parking Area. Upon adoption by the City Council of a resolution designating a residential permit parking area and after at least 51% of the households have purchased permits, the City Manager or designee, shall cause appropriate signs to be erected in the area, indicating prominently thereon the area 11 1 1 1 0 5 prohibition or time limitation, period of its application, and conditions under which permit parking shall be exempt therefrom. Q. Parking permit fees shall be set by City Council resolution. R. Penalties, Liability, and Enforcement. The following acts shall constitute fraudulent use of a permit, punishable by a fine to be prescribed by City Council resolution and/or revocation of any permit currently held. Violations of this article shall include, but are not limited to, the following: 1. For any person to falsely represent himself or herself as eligible for a residential parking permit or to furnish false information in an application therefor; 2. For any person holding a valid parking permit issued pursuant hereto to sell, give, or exchange said permit to any other person; or 3. Knowingly committing any act that is prohibited by the terms of this article or any ordinance or resolution enacted by authority granted by this article. S. Revocation of Residential Permit Parking Area. 1. A residential permit parking area may be revoked by resolution of the City Council after following the same procedures for establishing a residential permit parking area as set forth in section D. 2. If 60% of the households in a residential parking area fail to purchase permits after being duly noticed, the City Manager or designee may revoke the residential permit parking area upon notice to the residents without further action of the City Council.” Section 3.Existing Enforcement. The adoption of this Ordinance shall not be construed to interfere with or affect enforcement of violations of the Seal Beach Municipal Code occurring prior to the adoption of this ordinance. Section 4.Severability. If any section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional. 12 1 1 1 0 5 Section 5.Certification. The City Clerk shall certify the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law. Section 6.Effective Date. This Ordinance shall take effect thirty (30) days after passage. INTRODUCED at a regular meeting of the City Council of the City of Seal Beach held on the 13th day of April 2026. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Seal Beach this 27th day of April 2026. AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Lisa Landau, Mayor ATTEST: Gloria D. Harper, City Clerk APPROVED AS TO FORM: __________________________________ Nicholas Ghirelli, City Attorney 13 1 1 1 0 5 STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing Ordinance 1726 was introduced for first reading at a regular meeting held on the 13th day of April 2026, and was passed, approved, and adopted by the City Council at a regular meeting held on the 27th day of April 2026, and do hereby further certify that the Ordinance has been published pursuant to the Seal Beach Charter and Resolution Number 2836. Agenda Item G AGENDA STAFF REPORT DATE:April 27, 2026 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, City Manager FROM:Shaun Temple, Community Development Director SUBJECT:Professional Services Agreement with Transtech Engineers, Inc. ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7758: 1. Approving the Professional Services Agreement with Transtech Engineers, Inc. for $472,000 in Building Division staffing services and 65 percent of designated plan check fees for building plan check services; and, 2. Authorizing the City Manager to execute the Agreement. BACKGROUND AND ANALYSIS: Transtech Engineers, Inc. (Transtech) has served within the Building Division in a variety of roles since 2017. Currently, the company provides the City with a Building Official, Building Supervisor, Building Inspector, and Permit Technician, as well as building plan check services, which constitute all Building Division services. The services and staff members they provide to the City are extremely professional and well-received by the community. The depth of Transtech's team behind the individuals seen in the office provides stability and assurances that Seal Beach will have a trained and staffed Building Permit Counter, daily inspections, and several points of contact in emergencies that require a Building Official. Based on review of the Community Development Department as a whole and the work plan for the year, staff recommends engaging Transtech for Building Division services for the 2026-2027 Fiscal Year. The proposed Professional Services Agreement allows for the continuation of service through June 30, 2027, and authorizes $472,000 to cover staffing costs, as well as 65 percent of plan check review fees for plan check services, which is consistent with the current contract. Page 2 2 2 4 7 ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney has reviewed and approved the resolution as to form. FINANCIAL IMPACT: The Professional Services Agreement will approve an expenditure of up to $472,000 from Account 101-300-0031-51280 for staffing services. This amount represents a cost savings of about 10 percent compared to employee costs to staff the Division. In addition, the City will pay 65 percent of designated plan check fees for building plan check services. These costs are included in the proposed Fiscal Year 2026-2027 Budget. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7758: 1. Approving the Professional Services Agreement with Transtech Engineers, Inc. for $472,000 in staffing services and 65 percent of designated plan check fees for building plan check services; and, 2. Authorizing the City Manager to execute the Agreement. SUBMITTED BY: NOTED AND APPROVED: Shaun Temple Patrick Gallegos Shaun Temple, Community Development Director Patrick Gallegos, City Manager Prepared by: Megan Bolton, Management Analyst ATTACHMENTS: A. Resolution 7758 B. Professional Services Agreement with Transtech Engineers, Inc. RESOLUTION 7758 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH TRANSTECH ENGINEERS, INC. WHEREAS, the City of Seal Beach (City) has relied upon professional service firms for technical expertise for certain City operations as well as temporary staff assistance during periods of extraordinary work or during periods when permanent staff positions are vacant; and, WHEREAS, the City previously entered into an agreement with Transtech Engineers Inc. (Consultant) to provide Building Division professional services, including Building Official, Building Supervisor, Plan Checker, Building Inspector, Permit Technician, and other technical and staffing services for the Community Development Department as needed, and, WHEREAS, the Consultant has proven to be a reliable, dependable, and competitively priced company who has provided staff who are competent and capable of serving temporary planning staffing needs of the City; and, WHEREAS, pursuant to the Seal Beach City Charter, Seal Beach Municipal Code Chapter 3.20 establishes a central purchasing system including procedures for competitive bidding and exemptions from competitive bidding; and, WHEREAS, Seal Beach Municipal Code Section 3.20.025(C) provides for an exemption from competitive bidding requirements for purchases of professional services, including without limitation, architectural services; bond services; election services; engineering services; insurance services; legal services; public relations services; real estate services; and solid waste disposal services; and, WHEREAS, the City and the Consultant wish to enter into this Agreement for Consultant for Building Division staffing services in an amount not to exceed $472,000, and for Plan Check Services to authorize payment of not more than 65 percent of plan review fees collected per the City’s fee schedule, as provided herein. NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine, and order as follows: Section 1. The City Council hereby approves the Professional Services Agreement dated April 27, 2026 with Transtech Engineers, Inc. as set forth in Exhibit “A”, attached hereto and incorporated herein by this reference as through set forth in full, for on-going Building Division professional services related to (i) duties conducted by a Building Official, Building Inspector, and Permit Technician, in an amount not to exceed $472,000 and (ii) for Plan Check Services the City shall pay not more than 65 percent of plan check review 1 0 9 7 7 fees collected per the City’s fee schedule to cover services related to building plan check for the period of one year, commencing July 1, 2026 and ending June 30, 2027. Section 2. The Council hereby directs the City Manager to execute the Agreement on behalf of the City. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 27th day of April 2026 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 7758 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 27th day of April 2026. Gloria D. Harper, City Clerk City of Seal Beach Professional Services Agreement PROFESSIONAL SERVICES AGREEMENT for Building Division Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 & Transtech Engineers, Inc. 13367 Benson Avenue Chino, CA 91710 (909) 595-8599 This Professional Service Agreement (“the Agreement”) is made as of April 27, 2026 to be effective as of July 1, 2026 (the “Effective Date”), by and between Transtech Engineers, Inc., a California Corporation (“Consultant”), and the City of Seal Beach (“City”), a California charter city, (collectively, “the Parties”). 2 of 22 City of Seal Beach Professional Services Agreement RECITALS A. City desires certain professional services related to building and safety services. B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City desires to retain Consultant as an independent contractor to provide services in the manner set forth herein and more fully described in Section 1.0. C. Consultant represents that the principal members of its firm are licensed and registered building and safety professionals and are fully qualified to perform the professional services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees. D. City desires to retain Consultant as an independent contractor and Consultant desires to serve City to perform those professional services in accordance with the terms and conditions of this Agreement. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Consultant’s Services 1.1. Scope of Services. In compliance with all terms, conditions and provisions of this Agreement, Consultant shall provide those professional services (collectively “Services”) set forth in the “Scope of Services” attached hereto as Exhibit A and incorporated herein by this reference, all to City’s reasonable satisfaction. 1.2. Agreement Documents; Order of Precedence. 1.2.1. The Agreement Documents include this Agreement itself, and the “Scope of Services”, Exhibit A, and the “Fee Proposal” (Exhibit B), (of which Exhibits A and B are collectively referred to as the “Proposal”), and Exhibit C (Terms and Compliance with California Labor Law Compliance), all of which Exhibits are incorporated herein by this reference, together with any additional City standards or specifications or requirements set forth therein. 1.2.2. In the event of any inconsistency or conflict between this Agreement and any Exhibit or incorporated document s, the order of precedence shall be as follows: (i) this Agreement; and then (ii) Exhibit C (Terms for Compliance with California Labor Law Requirements); and then (iv) Exhibits A Docusign Envelope ID: 0CD89CDC-E870-4678-B433-A31B0A5528E8 3 of 22 City of Seal Beach Professional Services Agreement (scope of Services) and B (Cost Proposal) shall govern. In the event there is any conflict between the Agreement, on the one hand, and any of the Exhibits A, B or C, on the other hand, the Agreement shall govern. 1.3. Standard of Care. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Consultant, and Consultant’s staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant’s staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. The acceptance of Consultant’s work by the City shall not operate as a release of Consultant from such standard of care and workmanship. 1.4. Familiarity with Services. By executing this Agreement, Consultant represents that, to the extent required by the standard of practice, Consultant (i) has investigated and considered the scope and level of services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) understands the facilities, difficulties and restrictions attending performance of the Services under this Agreement. Consultant represents that Consultant, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of services, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from City’s Representative. 1.5. Compliance with Laws. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law. 1.6. Additional Services. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term 2.1. Original Term. The term of this Agreement shall commence on July 1, 2026 and shall remain in full force and effect until June 30, 2027 unless sooner terminated as provided in Section 5.0 of this Agreement. Docusign Envelope ID: 0CD89CDC-E870-4678-B433-A31B0A5528E8 4 of 22 City of Seal Beach Professional Services Agreement 3.0 Consultant’s Compensation 3.1. City will pay Consultant for Services performed in accordance with the hourly rates shown in the fee schedule set forth in the Scope of Services Exhibit A and the Standard Hourly Rates set forth on Exhibit B of the Proposal, but in no event will the City pay more than the following during the term of this Agreement: (i) for Building Division personnel services, including Building Official/Plan Checker, Building Inspector, and Permit Technician, the City shall not pay more than a total sum of $472,000 (four hundred and seventy-two thousand dollars) during the term of this Agreement; and (ii) for Plan Check Services, the City shall not pay more than 65% of the plan review fees collected per the City’s fee schedule. In the event of any conflict or inconsistency between Exhibit A and/or Exhibit B, on the one hand, and this section, on the other hand, the terms of this section shall prevail. 3.2. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. Any additional work authorized by the City Manager pursuant to this Section will be compensated in accordance with the fee schedule set forth in Exhibit B. 4.0 Method of Payment 4.1. Consultant shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant’s invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. 4.2. Upon 24-hour notice from City, Consultant shall allow City or City’s agents or representatives to inspect at Consultant’s offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City’s rights under this Section 4.2 shall survive for three (3) years following the termination of this Agreement. 5.0 Termination 5.1. Termination by City. Docusign Envelope ID: 0CD89CDC-E870-4678-B433-A31B0A5528E8 5 of 22 City of Seal Beach Professional Services Agreement 5.1.1. This Agreement may be terminated by City, without cause, upon giving Consultant written notice thereof not less than 30 days prior to the date of termination. 5.1.2. This Agreement may be terminated by City upon 10 days’ notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 5.2. Termination by Consultant. This Agreement may be terminated by Consultant based on reasonable cause, by serving written notice of termination to City, provided that Consultant has first City with a written notice of default and demand to cure, and City has failed to cure such default within 30 days of receipt of such notice. 5.3. Obligations Upon Termination. Unless otherwise specified in the notice of termination, Consultant shall cease all work under this Agreement immediately upon the date of termination indicated in the notice of termination issued pursuant to Subsection 5.1 or Subsection 5.2. Upon termination, City shall be immediately given title to and possession of all Work Prod uct (as defined in Subsection 11.1 of this Agreement) and all other documents, writings, and/or deliverables produced or developed pursuant to this Agreement. Provided that Consultant is not then in breach, City shall pay Consultant for any portion of the Services completed prior to termination, based on the reasonable value of the Services rendered. If said termination occurs prior to completion of any specific task for which a payment request has not been received, the charge for Services performed shall be the reasonable value of such Services, based on an amount agreed to by City and Consultant. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. In no event shall Consultant be entitled to payment for unperformed services or services within the Scope of Services performed prior to the effective date of this Agreement; and Consultant shall not be entitled to receive more than the amount that would be paid to Consultant for the full performance of the Services up to date of termination. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation or damages. 6.0 Party Representatives 6.1. The City Manager is the City’s representative for purposes of this Agreement. 6.2. Ayla Jefferson is the Consultant's primary representative for purposes of this Agreement. Ayla Jefferson shall be responsible during the term Docusign Envelope ID: 0CD89CDC-E870-4678-B433-A31B0A5528E8 6 of 22 City of Seal Beach Professional Services Agreement of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 7.0 Notices 7.3. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211-8th Street Seal Beach, California 90740 Attn: City Manager To Consultant: Transtech Engineers, Inc. 13367 Benson Avenue Chino, CA 91710 Attn: Ayla Jefferson 7.4. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Permits and Licenses Consultant and all of Consultant’s employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code. 9.0 Independent Contractor 9.1. Consultant is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant’s employees or other personnel under Consultant’s supervision. Consultant will determine the means, methods, and details by which Consultant’s employees and other personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 9.2. All of Consultant’s employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction Docusign Envelope ID: 0CD89CDC-E870-4678-B433-A31B0A5528E8 7 of 22 City of Seal Beach Professional Services Agreement and control. Consultant and Consultant’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Consultant’s personnel. Consultant’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant’s personnel shall not use any City e -mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant’s personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant’s choice, except (i) as otherwise required for the performance of Services on City real property, facilities, vehicles or equipment; (ii) as otherwise may from time to time be necessary in order for Consultant’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant’s performance of any Services under this Agreement, or (iii) as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant’s personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. 9.3. In addition to all other provisions of this Agreement, Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with their performance of any Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, servants, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 9.4. Consultant shall defend, indemnify and hold harmless City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any Docusign Envelope ID: 0CD89CDC-E870-4678-B433-A31B0A5528E8 8 of 22 City of Seal Beach Professional Services Agreement fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant’s covenants and obligations under this Section shall survive the expiration or termination of this Agreement. 10.0 PERS Compliance and Indemnification 10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on b ehalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees’ Retirement Law (“PERL”), commencing at Government Code § 20000, as amended by the Public Employees’ Pension Reform Act of 2013 (“PEPRA”),. and the regulations of PERS, as amended from time to time. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations. 10.2. Indemnification. To the maximum extent permitted by law, Consultant shall defend, indemnify and hold harmless City, its City, its elected and appointed officials, officers, employees, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s violation of any provisions of this Section 10.0. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant’s covenants and obligations under this Section shall survive the expiration or termination of this Agreement. 11.0 Ownership of Work Product 11.1. Unless otherwise agreed upon in writing, all field notes and other notes, draft and final reports, drawings, specifications, data, surveys, studies, plans, maps, models, specifications, photographs, images, images, ideas, concepts, designs including but not limited to website designs, source code, object code, computer files, electronic data and/or files, other media of any kind whatsoever, and any other documents and written material of any kind, created, developed or used by Consultant in the performance of this Agreement (collectively “Work Product”) shall be considered “works made for hire,” for the Docusign Envelope ID: 0CD89CDC-E870-4678-B433-A31B0A5528E8 9 of 22 City of Seal Beach Professional Services Agreement benefit of City. Upon completion of, or in the event of termination or expiration of this Agreement, all Work Product and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City upon final payment being made in accordance with Subsection 5.3, and may be used, reused or otherwise disposed of by City for any purpose without Consultant’s consent; provided that any use, reuse or modification of the Work Product by City for any purpose other than the purpose for which the Work Product was prepared or provided under this Agreement shall be at City’s own risk . Consultant shall not obtain or attempt to obtain copyright protection as to any of the Work Product. 11.2. Consultant hereby assigns to City all ownership and any and all intellectual property rights to the Work Product that are not otherwise vested in City pursuant to Subsection 11,1. 11.3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Work Product produced under this Agreement, and that City has full legal title to and the right to reproduce the Work Product for any purpose. Consultant shall defend, indemnify and hold City, its elected and appointed officials, officers, employees, agents, servants, attorneys, volunteers, and those City agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City’s use of any of the Work Product violates federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Work Product produced under this Agreement. In the event the use of any of the Work Product or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (i) secure for City the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (ii) modify the Work Product and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement. Consultant’s covenants and obligations shall survive the expiration and/or termination of this Agreement. 11.4. Upon expiration or termination of the Agreement, Consultant shall deliver to City all Work Product and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Consultant prepares a document on a computer, Consultant shall provide City Docusign Envelope ID: 0CD89CDC-E870-4678-B433-A31B0A5528E8 10 of 22 City of Seal Beach Professional Services Agreement with said document both in a printed format and in an electronic format that is acceptable to City. 12.0 Confidentiality 12.1. Consultant may have access to financial, accounting, statistical, and personnel data of individuals and City employees, trade secrets, and/or other information that may be protected under other applicable laws relating to privacy, confidentiality and/or privilege. Consultant covenants that all Work Product (as defined in Subsection 11.1) and/or any other data, documents, writings, discussion or other information created, developed, received or provided by Consultant in the performance of this Agreement are deemed confidential unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such Work Product, data, documents, writings, discussion or other information to persons or entities other than City without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, and/or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary,” provided Consultant gives City timely notice of such court order or subpoena. 12.2. Consultant shall promptly notify City should Consultant, its officers, employees, agents, servants, and/or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City’s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response. 12.3. Consultant’s covenants and obligations under this Section shall survive the termination or expiration of this Agreement. 13.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors. Authorized subcontracts, if any, shall contain a Docusign Envelope ID: 0CD89CDC-E870-4678-B433-A31B0A5528E8 11 of 22 City of Seal Beach Professional Services Agreement provision making the subcontractor subject to all requirements of this Agreement, 14.0 Prohibition Against Assignment , Transfer or Delegation Consultant shall not assign or transfer this Agreement or any of its rights, obligations or interest in this Agreement, or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent, which may be withheld for any reason. Any purported assignment, transfer or delegation without City’s consent shall be void and without effect, and shall entitle City to terminate this Agreement. 15.0 Inspection and Audit of Records Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, payroll, invoices, time cards, cost control sheets, costs, expenses, receipts and other records and Work Product with respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City’s rights under this Section 15.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 16.0 Safety Requirements All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable state and federal laws. City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services. Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to the City any hazardous condition noted by Consultant. 17.0 Insurance Docusign Envelope ID: 0CD89CDC-E870-4678-B433-A31B0A5528E8 12 of 22 City of Seal Beach Professional Services Agreement 17.1. General Requirements. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section. 17.2. Minimum Scope and Limits of Insurance . Consultant shall, at its sole cost and expense, procure, maintain and keep in full force and effect for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement, as follows: 17.2.1. Commercial General Liability Insurance: Consultant shall maintain limits no less than $2,000,000 per occurrence for bodily injury, personal injury and property damage; and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit : Coverage shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds; 17.2.2. Automobile Liability Insurance: Consultant shall maintain limits no less than $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto).. 17.2.3. Workers’ Compensation Insurance in the amount required by law; and Employer’s Liability: with minimum limits of $1,000,000 per accident and in the aggregate for bodily injury or disease; 17.2.4. Professional Liability (or Errors and Omissions) Liability Insurance: Consultant shall maintain professional liability (or errors and omissions liability) insurance that covers the Services to be performed in connection with this Agreement, with minimum limits of $1,000,000 per claim/aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement. If a “claims made” policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years. 17.3. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 17.4. Additional Insured . Docusign Envelope ID: 0CD89CDC-E870-4678-B433-A31B0A5528E8 13 of 22 City of Seal Beach Professional Services Agreement 17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work. 17.4.2. For automobile liability insurance, City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased , hired or borrowed by the Consultant or for which the Consultant is responsible . 17.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies. 17.5. Cancellations or Modifications to Coverage . The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by City to state: (i) coverage shall not be suspended, voided, reduced or canceled except after 30 days (or ten days for nonpayment) prior written notice by certified mail, return receipt requested, has been given to City; (ii) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials; 17.6. Primary and Non -Contributing. Coverage shall be primary insurance as respects the City, its elected and appointed officials , officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self -insurance maintained by the City, its elected and appointed officials , officers, employees, agents. volunteers and those City agents serving as independent contractors in the role of City officials, shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; 17.7. Separation of Insureds. Each insurance policy shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials. Docusign Envelope ID: 0CD89CDC-E870-4678-B433-A31B0A5528E8 14 of 22 City of Seal Beach Professional Services Agreement 17.8. Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions shall be declared to and approved by City. Consultant guarantees that, at the option of City, either: (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials; or (ii) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 17.9. Waiver of Subrogation. Each insurance policy required by this Agreement shall expressly waive the insurer’s right of subrogation against City and its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials. Consultant hereby waives its own right of recovery and all rights of subrogation against City; and shall require similar express written waivers from any subcontractor. 17.10. Enforcement of Agreement Provisions (Non-Estoppel). Consultant acknowledges and agrees that any actual or alleged failure on City’s part to inform Consultant of non-compliance with any insurance requirement does not impose additional obligations on City, nor does it waive any rights hereunder. 17.11. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant. 17.12. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverage s required under this Section on forms satisfactory to and approved by City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City if requested. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City’s Risk Manager. All certificates and endorsements shall be received and approved by the City before work commences. City also reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant Docusign Envelope ID: 0CD89CDC-E870-4678-B433-A31B0A5528E8 15 of 22 City of Seal Beach Professional Services Agreement shall furnish such proof at least two weeks prior to the expiration of the coverages. 17.13. Insurance Requirements Not Limiting. Procurement of specific coverages or limits contained in this Section insurance by Consultant are not intended to be, and shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duties under any provision of this Agreement. 17.14. Broader Coverage/Higher Limits. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Consultant under this Agreement. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. If Consultant maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. 17.15. Subcontractor Insurance Requirements/Pass-Through Clause. Consultant shall require each of its subconsultants and/or subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section. Consultant agrees to monitor and review all such coverages and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. Consultant agrees to submit all agreements with consultants, subcontractors, and others engaged in the Services upon City’s request. 17.16. Timely Notice of Claims. Consultant shall give City prompt and timely notice of demands or claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required insurance policies. 18.0 Indemnification, Hold Harmless, and Duty to Defend 18.1. Indemnities. 18.1.1. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify City and its elected and appointed officials, officers, attorneys, agents, servants, employees, volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees” in this Section 18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens or losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Claims”), Docusign Envelope ID: 0CD89CDC-E870-4678-B433-A31B0A5528E8 16 of 22 City of Seal Beach Professional Services Agreement in law or equity, whether actual, alleged or threatened, to property or persons, including but not limited to, bodily injury, death, personal injury and property damage, in any manner arising out of, claimed to arise out of, pertaining to, or relating to the breach of this Agreement and/or any acts, errors, omissions, negligence or willful misconduct of Consultant, its officers, agents, servants, employees, contractors, subcontractors, subconsultants, materialmen, or suppliers, or their officers, agents, servants or employees (or any entity or individual for whom Consultant shall bear legal liability) in the performance of the Services and/or this Agreement, except to the extent the Claims arise from the sole negligence or willful misconduct of the Indemnitees as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 18.1.2. Consultant shall defend, indemnify and hold harmless City in accordance with Sections 9.0 and 10.0. 18.2. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 1 8.0 from each and every subcontractor, subconsultant, or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemni ty agreements, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, arising out of, are claimed to arise out of, pertaining to, or relating to, the breach of this Agreement, any acts, errors, omissions, negligence or willful misconduct of Consultant’s subcontractors, its officers, agents, servants, employees, materialmen, contractors, subcontractors and/or subconsultants, or their officers, agents, servants or employees (or any entity or individual for whom Consultant’s subcontractor shall bear legal liability) in the performance of the Services or this Agreement, except to the extent the Claims arise from the sole negligence or willful misconduct of the Indemnitees as determined by final arbitration or court decision or by the agreement of the Parties. 18.3. Workers’ Compensation Acts Not Limiting. Consultant’s indemnification obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ co mpensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officials, officers, agents, employees, servants, volunteers and those City agents serving as independent contractors in the role of City officials . Docusign Envelope ID: 0CD89CDC-E870-4678-B433-A31B0A5528E8 17 of 22 City of Seal Beach Professional Services Agreement 18.4. Insurance Requirements Not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities and obligations in this Agreement 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 Indemnitees. 18.5. Survival of Terms. Consultant’s covenants and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement. 19.0 Non-Discrimination and Equal Employment Opportunity Consultant affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Consultant covenants that it shall not discriminate, harass or retaliate against any of its employees, applicants for employment, contractors, subcontractors or subconsultants because of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, military or veteran status, or any other basis prohibited by law. Consultant further covenants that in the performance of this Agreement, Consultant shall not discriminate, harass or retaliate against any of City’s elected or appointed officials, officers, employees, servants, consultants, contractors, subcontractors, or subconsultants on any such basis prohibited by law. 20.0 Labor Certification By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers’ Compensation or to undertake self -insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 21.0 Prevailing Wage and Payroll Records To the extent that this Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C, attached hereto and incorporated by reference herein. 22.0 Entire Agreement This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or Docusign Envelope ID: 0CD89CDC-E870-4678-B433-A31B0A5528E8 18 of 22 City of Seal Beach Professional Services Agreement agreements. This Agreement may only be modified by a writing signed by both Parties. 23.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 24.0 Government Code Claim Compliance In addition to any and all requirements of this Agreement pertaining to notices of and requests for compensation or payment for additional services, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any lawsuit against City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to additional services, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a lawsuit against City. 25.0 Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied i n interpreting this Agreement. Orange County, California, shall be the venue for any action or proceeding that may be brought by reason of, that arises out of, and/or relates to any dispute under this Agreement (whether contract, tort or both). 26.0 No Third Party Beneficiaries This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement. 27.0 Waiver No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (i) effective unless it is in writing and signed by the Party Docusign Envelope ID: 0CD89CDC-E870-4678-B433-A31B0A5528E8 19 of 22 City of Seal Beach Professional Services Agreement making the waiver, (ii) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (iii) deemed to constitute a continuing waiver unless the writing expressly so states. 28.0 Prohibited Interests; Conflict of Interest 28.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 28.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 28.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Section. 29.0 Final Payment Acceptance Constitutes Release The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant’s work or services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and Docusign Envelope ID: 0CD89CDC-E870-4678-B433-A31B0A5528E8 20 of 22 City of Seal Beach Professional Services Agreement liability of Consultant, its employees, subcontractors, agents, and servants for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors, agents, and servants. 30.0 Corrections In addition to the indemnification obligations set forth above, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City’s review of Consultant’s report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction. 31.0 Non-Appropriation of Funds Payments to be made to Consultant by City for any Services performed within the current fiscal year are within the current fiscal budget and within a n available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant’s Services beyond the current fiscal year, this Agreement shall cover payment for Consultant’s Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. 32.0 Mutual Cooperation 32.1. City’s Cooperation. City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for Consultant’s proper performance of the Services required under this Agreement. 32.2. Consultant’s Cooperation. Consultant agrees to work closely and cooperate fully with City’s representative and any other agencies that may have jurisdiction or interest in the work to be performed. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires. 33.0 Time of the Essence Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement. Docusign Envelope ID: 0CD89CDC-E870-4678-B433-A31B0A5528E8 21 of 22 City of Seal Beach Professional Services Agreement 34.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys’ fees and other costs incurred in connection therewith. 35.0 Titles and Headings The titles and headings used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it. 36.0 Recitals City and Consultant acknowledge and agree that the above Recitals are true and correct, and are incorporated into this Agreement by this reference. 37.0 Corporate Authority The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. Docusign Envelope ID: 0CD89CDC-E870-4678-B433-A31B0A5528E8 22 of 22 City of Seal Beach Professional Services Agreement 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: Transtech Engineers, Inc., a California 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.) PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED Allen Cayir President Sybil Cayir Secretary Docusign Envelope ID: 0CD89CDC-E870-4678-B433-A31B0A5528E8 City of Seal Beach Professional Services Agreement EXHIBIT A SCOPE OF SERVICE Docusign Envelope ID: 0CD89CDC-E870-4678-B433-A31B0A5528E8 13367 Benson Avenue | Chino CA 91710 | T 909 595 8599 | F 909 595 8863 | Transtech.org January 26, 2026 Shaun Temple Interim Director of Community Development City of Seal Beach 211 Eighth Street, Seal Beach, CA 90740 Mr. Temple We are pleased to give this contract renewal proposal with the estimated service fees for the fiscal year 26-27 to provide Building and Safety Staff Services and Plan Review Services. Transtech is serving the City Building Division since July 2016. Per the current contract Plan review services are provided at 65% of the plan review fees collected per the City fee schedule and staff services are provided per the attached special hourly rates as per the attached Exhibit A. Any additional services requested by the City may be provided per the Standard Hourly Rates as per the attached Exhibit B. It is our understanding that during this fiscal year, 1 full time permit technician, 1 full time building inspector and as needed Building Official, as needed Building supervisor, as needed additional permit technician and as needed additional building inspector will be provided based on the workload increases. The cost estimate for staff services based on the above staffing level and for as need staff services estimated to be $472,000 and plan review services will be at 65% of the City Plan Review fees. The hourly rates of the services are automatically increased by the percentage change Los Angeles-Long Beach-Anaheim California Consumer Price Index-All Urban Consumers (“CPI-U”) for the preceding twelve-month period as calculated for February by the U.S. Department of Labor Bureau of Labor Statistics and published by the United States Bureau of Labor Statistic. Feel free to contact me if you have any further questions on the matter. Ayla Jefferson, CBO, CSP 13367 Benson Ave. Chino | CA 91710 P (909) 595-8599 ext.123 C (909) 851-5765 E Ayla.Jefferson@transtech.org W www.transtech.org ENC: Adjusted Rates, Exhibit A and B Docusign Envelope ID: 0CD89CDC-E870-4678-B433-A31B0A5528E8 2 EXHIBIT A SCOPE OF SERVICES Transtech will provide BUILDING AND SAFETY SERVICES, PLAN CHECK, BUILDING OFFICIAL, PERMIT TECHNICIAN AND INSPECTOR per the following special rates to the City: TRANSTECH ENGINEERS, INC. STANDARD HOURLY RATES Effective through June 30, 2027 Adjusted as per Los Angeles-Riverside-Orange County Consumer Price Index-All Urban Consumers (“CPI-U”) Special Rates for City of Seal Beach Classification Building Official $138 Supervisor $100 Building Inspector $95 Permit Technician $89 Administrative $69 Reimbursable direct expenses are billed at cost plus 10% for administration fee. The above fees will be increased each year July 1st automatically by the percentage change Los Angeles-Long Beach-Anaheim California Consumer Price Index-All Urban Consumers (“CPI-U”) for the preceding twelve-month period as calculated for February by the U.S. Department of Labor Bureau of Labor Statistics and published by the United States Bureau of Labor Statistic. Plan Checks 65% of Plan Check Fees Where fees are waived, or reduced plan review shall be per hour $138 CPI-U FEBRUARY 2026 ESTIMATED 4.00% Estimated Service Hours Building Official/Plan Checker 4 to 8 hrs. a week Building Inspector 40 hrs. a week Permit Technician 40 hrs. a week and additional 8 hrs. biweekly Building Supervisor 8 to 12 hrs. a week Any other services that may be requested by the City will be provided based on the specific scope of work and fees to be established per Transtech’s current standard hourly rates in Exhibit B. Docusign Envelope ID: 0CD89CDC-E870-4678-B433-A31B0A5528E8 3 EXHIBIT B TRANSTECH ENGINEERS, INC. SCHEDULE OF HOURLY RATES Effectiv e t hrough June 3 0 , 2 02 6 The above fees are increased each year July 1st automatically by the percentage change Los Angeles-Long Beach-Anaheim California Consumer Price Index-All Urban Consumers (“CPI-U”) for the preceding twelve-month period as calculated for February by the U.S. Department of Labor Bureau of Labor Statistics and published by the United States Bureau of Labor Statistic. ENGINEERING CONSTRUCTION MANAGEMENT Field Technician $88 - $98 Labor Compliance Analyst $150 - $160 Engineering Technician $98 - $109 Funds Coordinator $155 - $165 Assistant CAD Drafter $109 - $124 Office Engineer $150 - $160 Senior CAD Drafter $124 - $140 Construction Inspector $145 - $155 Associate Designer $140 - $155 Senior Construction Inspector $155 - $165 Senior Designer $155 - $171 Construction Manager $176 - $191 Design Project Manager $196 - $206 Resident Engineer $191 - $206 Assistant Engineer $119 - $129 PUBLIC WORKS INSPECTION Associate / Staff Engineer $150 - $165 Public Works Inspector $145 - $155 Senior Civil Engineer $206 - $227 Senior Public Works Inspector $155 - $165 Traffic Analyst Technician $103 - $114 Supervising PW Inspector $165 - $176 Associate Traffic Analyst $155 - $165 SURVEY AND MAPPING Senior Traffic Analyst $165 - $176 Survey Analyst $155 - $160 Professional Transportation Planner $176 - $191 Senior Survey Analyst $160 - $165 Traffic Engineer Technician $98 - $109 2-Man Survey Crew $357 - $372 Associate/Staff Traffic Engineer $150 - $165 Survey & Mapping Specialist $191 - $207 Traffic Engineer $176 - $191 Licensed Land Surveyor $217 - $227 Senior Traffic Engineer $191 - $212 FUNDING & GRANT WRITING Project Manager $191 - $212 Funds Analyst $150 - $155 Senior Project Manager $212 - $227 Senior Funds Analyst $155 - $165 Deputy City Engineer $176 - $196 Grant Writer $171 - $176 City Engineer $196 - $212 Funds & Grant Project Manager $191 - $202 Principal Engineer $212 - $233 PLANNING BUILDING & SAFETY Community Development Technician $83 - $93 Permit Technician $78 - $88 Planning Technician $93 - $103 Plan Check Technician/Analyst/Supervisor $129 - $145 Assistant Planner $103 - $124 Building Inspector $119 - $134 Associate Planner $124 - $145 Senior Inspector $129 - $145 Senior Planner $150 - $171 Plans Examiner/Checker $145 - $160 Planning Manager $176 - $196 Plan Check Engineer $155 - $176 ADMINISTRATIVE STAFF Deputy Building Official $165 - $176 Administrative/Clerical $72 - $83 Building Official $171 - $186 Project Accountant $83 - $93 Docusign Envelope ID: 0CD89CDC-E870-4678-B433-A31B0A5528E8 City of Seal Beach Professional Services Agreement EXHIBIT C TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those Services that are “public works”, Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Consultant’s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement. 6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. 7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Docusign Envelope ID: 0CD89CDC-E870-4678-B433-A31B0A5528E8 City of Seal Beach Professional Services Agreement Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. 8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. Consultant shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City. 10. Consultant acknowledges that eight hours labor constitutes a legal day’s work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” Docusign Envelope ID: 0CD89CDC-E870-4678-B433-A31B0A5528E8 City of Seal Beach Professional Services Agreement 12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant’s expense with counsel reasonably acceptable to City) City, its elected and appointed officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement. Docusign Envelope ID: 0CD89CDC-E870-4678-B433-A31B0A5528E8 Agenda Item H AGENDA STAFF REPORT DATE:April 27, 2026 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, City Manager FROM:Shaun Temple, Community Development Director SUBJECT:Professional Services Agreement with Infinity Technologies ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7759: 1. Approving the Professional Services Agreement with Infinity Technologies for ongoing GIS support services for a two-year term in the not-to-exceed amount of $72,000; and, 2. Authorizing the City Manager to execute the Agreement with Infinity Technologies on behalf of the City. BACKGROUND AND ANALYSIS: Infinity Technologies began its Geographic Information System (GIS) support for the City of Seal Beach in October 2022. In 2023, Infinity Technologies completed the implementation of an ArcGIS online-based platform to meet various GIS needs. This project involved establishing the City’s ArcGIS Online account, centralizing GIS layers into a single database, creating new GIS layers, developing a staff-only WebGIS application, and integrating GIS services with the Enterprise Licensing and Permitting (EP&L; formerly EnerGov) system. With this platform now serving as the primary source of spatial information, focus will shift towards ongoing maintenance and the expansion of GIS capabilities. Ongoing and future GIS needs include maintaining essential layers like addresses and parcels, troubleshooting integrations with EP&L, and developing public-facing WebGIS applications. Key tasks involve administering ArcGIS Online, enhancing internal applications, providing GIS support (maps, analysis, reports), and offering training for staff. The Public Works Department specifically aims to add new GIS layers to ArcGIS Online, improve internal mapping applications, maintain existing layers, enable field mapping, explore work order tracking, and provide targeted training for its staff. Page 2 2 2 6 4 The proposed Professional Services Agreement allows for the continuation of service through June 30, 2028, and authorizes $72,000 to cover the ongoing GIS Support Services. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney has reviewed and approved the resolution and agreement as to form. FINANCIAL IMPACT: The Professional Services Agreement will approve an expenditure of up to $36,000 for Fiscal Year 2026-27, and an expenditure of up to $36,000 for Fiscal Year 2027- 28, for a total not to exceed amount of $72,000. The funds are currently budgeted in the Fiscal Year 2026-27 proposed budget under Fund 103-300-0231-51303. In future fiscal years, the expenditure will be included in the annual City budget. STRATEGIC PLAN: Esri, a GIS software, is one of the softwares that must be integrated with the new land management and permit software, EP&L. Implementation of that system was a Strategic Plan priority from 2021. RECOMMENDATION: That the City Council adopt Resolution 7759: 1. Approving the Professional Services Agreement with Infinity Technologies for ongoing GIS support services for a two-year term in the not-to-exceed amount of $72,000; and, 2. Authorizing the City Manager to execute the Agreement with Infinity Technologies on behalf of the City. SUBMITTED BY: NOTED AND APPROVED: Shaun Temple Patrick Gallegos Shaun Temple, Community Development Director Patrick Gallegos, City Manager Prepared by: Megan Bolton, Management Analyst Page 3 2 2 6 4 ATTACHMENTS: A. Resolution 7759 B. Professional Services Agreement RESOLUTION 7759 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AND AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH INFINITY TECHNOLOGIES WHEREAS, the City of Seal Beach (City) requires the use of geographic information systems (GIS) software including integration with Tyler Technologies’ Enterprise Permitting and Licensing (EP&L; formerly EnerGov) for day-to-day Building, Planning, and Public Works operations; and, WHEREAS, the City has been utilizing Infinity Technologies for GIS support since 2022 to support City GIS needs; and, WHEREAS, Infinity Technology is a highly qualified GIS software consultant, specializing in collecting, developing, and building data for GIS capabilities, and will serve the needs of the City; and, WHEREAS, the City and the Consultant wish to enter into a Professional Services Agreement to continue professional services with Infinity Technologies related to ongoing GIS support services across City departments in an amount not to exceed $36,000 for Fiscal Year 2026-27, and $36,000 for Fiscal Year 2027-28 for a total not-to-exceed amount of $72,000. NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine and order as follows: Section 1. The City Council hereby approves the Professional Services Agreement for continued GIS Support with Infinity Technologies for a two-year term in the not-to-exceed amount of $72,000. Section 2. The Council hereby directs the City Manager to execute the Agreement on behalf of the City. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 27th day of April 2026 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members 1 1 0 5 1 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 7759 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 27th day of April 2026. Gloria D. Harper, City Clerk City of Seal Beach Professional Services Agreement PROFESSIONAL SERVICES AGREEMENT for General Geographic Information Systems Support between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 & Infinity Technologies PO Box 582404 Elk Grove, CA 95758 (714) 676-8311 This Professional Service Agreement (“the Agreement”) is made as of April 27, 2026 to be effective as of July 1, 2026 (the “Effective Date”), by and between Infinity Technologies, a California Corporation (“Consultant”), and the City of Seal Beach (“City”), a California charter city, (collectively, “the Parties”). 2 of 22 City of Seal Beach Professional Services Agreement RECITALS A. City desires certain professional services related to geographic information systems (GIS) support services across City departments. B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City desires to retain Consultant as an independent contractor to provide services in the manner set forth herein and more fully described in Section 1.0. C. Consultant represents that the principal members of its firm are licensed and registered professional GIS consultants and are fully qualified to perform the professional services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees. D. City desires to retain Consultant as an independent contractor and Consultant desires to serve City to perform those professional services in accordance with the terms and conditions of this Agreement. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Consultant’s Services 1.1. Scope of Services. In compliance with all terms, conditions and provisions of this Agreement, Consultant shall provide those professional services (collectively “Services”) set forth in the “Scope of Services” attached hereto as Exhibit A and incorporated herein by this reference, all to City’s reasonable satisfaction. 1.2. Agreement Documents; Order of Precedence. 1.2.1. The Agreement Documents include this Agreement itself, and the “Scope of Work”, Exhibit A, includes the Proposal, which is incorporated herein by this reference, together with any additional City standards or specifications or requirements set forth therein. 1.2.2. In the event of any inconsistency or conflict between this Agreement and any Exhibit or incorporated document s, 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 (iv) Exhibit A (scope of Work) shall govern. In the event there is any conflict between the 3 of 22 City of Seal Beach Professional Services Agreement Agreement, on the one hand, and any of the Exhibits A, B or C, on the other hand, the Agreement shall govern. 1.3. Standard of Care. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Consultant, and Consultant’s staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant’s staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. The acceptance of Consultant’s work by the City shall not operate as a release of Consultant from such standard of care and workmanship. 1.4. Familiarity with Services. By executing this Agreement, Consultant represents that, to the extent required by the standard of practice, Consultant (i) has investigated and considered the scope and level of services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) understands the facilities, difficulties and restrictions attending performance of the Services under this Agreement. Consultant represents that Consultant, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of services, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from City’s Representative. 1.5. Compliance with Laws. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law. 1.6. Additional Services. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term 2.1. Original Term. The term of this Agreement shall commence on July 1, 2026 and shall remain in full force and effect until June 30, 2028 unless sooner terminated as provided in Section 5.0 of this Agreement. 4 of 22 City of Seal Beach Professional Services Agreement 3.0 Consultant’s Compensation 3.1. City will pay Consultant for Services performed in accordance with the hourly rates shown in the fee schedule set forth in the Scope of Work Exhibit A and the Standard Hourly Rates set forth on the Scope of Work, but in no event will the City pay more than the following during the term of this Agreement: (i) for year one $36,000; and (ii) for year two $36,000. In the event of any conflict or inconsistency between Exhibit A and/or Exhibit B, on the one hand, and this section, on the other hand, the terms of this section shall prevail. 3.2. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. Any additional work authorized by the City Manager pursuant to this Section will be compensated in accordance with the fee schedule set forth in Exhibit A. 4.0 Method of Payment 4.1. Consultant shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant’s invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. 4.2. Upon 24-hour notice from City, Consultant shall allow City or City’s agents or representatives to inspect at Consultant’s offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City’s rights under this Section 4.2 shall survive for three (3) years following the termination of this Agreement. 5.0 Termination 5.1. Termination by City. 5.1.1. This Agreement may be terminated by City, without cause, upon giving Consultant written notice thereof not less than 30 days prior to the date of termination. 5 of 22 City of Seal Beach Professional Services Agreement 5.1.2. This Agreement may be terminated by City upon 10 days’ notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 5.2. Termination by Consultant. This Agreement may be terminated by Consultant based on reasonable cause, by serving written notice of termination to City, provided that Consultant has first City with a written notice of default and demand to cure, and City has failed to cure such default within 30 days of receipt of such notice. 5.3. Obligations Upon Termination. Unless otherwise specified in the notice of termination, Consultant shall cease all work under this Agreement immediately upon the date of termination indicated in the notice of termination issued pursuant to Subsection 5.1 or Subsection 5.2. Upon termination, City shall be immediately given title to and possession of all Work Prod uct (as defined in Subsection 11.1 of this Agreement) and all other documents, writings, and/or deliverables produced or developed pursuant to this Agreement. Provided that Consultant is not then in breach, City shall pay Consultant for any portion of the Services completed prior to termination, based on the reasonable value of the Services rendered. If said termination occurs prior to completion of any specific task for which a payment request has not been received, the charge for Services performed shall be the reasonable value of such Services, based on an amount agreed to by City and Consultant. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. In no event shall Consultant be entitled to payment for unperformed services or services within the Scope of Services performed prior to the effective date of this Agreement; and Consultant shall not be entitled to receive more than the amount that would be paid to Consultant for the full performance of the Services up to date of termination. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation or damages. 6.0 Party Representatives 6.1. The City Manager is the City’s representative for purposes of this Agreement. 6.2. Mark Dumford is the Consultant's primary representative for purposes of this Agreement. Mark Dumford shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 6 of 22 City of Seal Beach Professional Services Agreement 7.0 Notices 7.3. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211-8th Street Seal Beach, California 90740 Attn: City Manager To Consultant: Infinity Technologies PO Box 582404 Elk Grove, CA 95758 Attn: Mark Dumford 7.4. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Permits and Licenses Consultant and all of Consultant’s employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code. 9.0 Independent Contractor 9.1. Consultant is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant’s employees or other personnel under Consultant’s supervision. Consultant will determine the means, methods, and details by which Consultant’s employees and other personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 9.2. All of Consultant’s employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant and Consultant’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Consultant’s personnel. Consultant’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant’s personnel shall not use any City e -mail 7 of 22 City of Seal Beach Professional Services Agreement address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant’s personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant’s choice, except (i) as otherwise required for the performance of Services on City real property, facilities, vehicles or equipment; (ii) as otherwise may from time to time be necessary in order for Consultant’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant’s performance of any Services under this Agreement, or (iii) as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant’s personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. 9.3. In addition to all other provisions of this Agreement, Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with their performance of any Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, servants, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 9.4. Consultant shall defend, indemnify and hold harmless City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant’s 8 of 22 City of Seal Beach Professional Services Agreement covenants and obligations under this Section shall survive the expiration or termination of this Agreement. 10.0 PERS Compliance and Indemnification 10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on b ehalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees’ Retirement Law (“PERL”), commencing at Government Code § 20000, as amended by the Public Employees’ Pension Reform Act of 2013 (“PEPRA”),. and the regulations of PERS, as amended from time to time. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations. 10.2. Indemnification. To the maximum extent permitted by law, Consultant shall defend, indemnify and hold harmless City, its City, its elected and appointed officials, officers, employees, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s violation of any provisions of this Section 10.0. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant’s covenants and obligations under this Section shall survive the expiration or termination of this Agreement. 11.0 Ownership of Work Product 11.1. Unless otherwise agreed upon in writing, all field notes and other notes, draft and final reports, drawings, specifications, data, surveys, studies, plans, maps, models, specifications, photographs, images, images, ideas, concepts, designs including but not limited to website designs, source code, object code, computer files, electronic data and/or files, other media of any kind whatsoever, and any other documents and written material of any kind, created, developed or used by Consultant in the performance of this Agreement (collectively “Work Product”) shall be considered “works made for hire,” for the benefit of City. Upon completion of, or in the event of termination or expiration of this Agreement, all Work Product and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City upon final payment 9 of 22 City of Seal Beach Professional Services Agreement being made in accordance with Subsection 5.3, and may be used, reused or otherwise disposed of by City for any purpose without Consultant’s consent; provided that any use, reuse or modification of the Work Product by City for any purpose other than the purpose for which the Work Product was prepared or provided under this Agreement shall be at City’s own risk . Consultant shall not obtain or attempt to obtain copyright protection as to any of the Work Product. 11.2. Consultant hereby assigns to City all ownership and any and all intellectual property rights to the Work Product that are not otherwise vested in City pursuant to Subsection 11,1. 11.3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Work Product produced under this Agreement, and that City has full legal title to and the right to reproduce the Work Product for any purpose. Consultant shall defend, indemnify and hold City, its elected and appointed officials, officers, employees, agents, servants, attorneys, volunteers, and those City agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City’s use of any of the Work Product violates federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Work Product produced under this Agreement. In the event the use of any of the Work Product or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (i) secure for City the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (ii) modify the Work Product and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement. Consultant’s covenants and obligations shall survive the expiration and/or termination of this Agreement. 11.4. Upon expiration or termination of the Agreement, Consultant shall deliver to City all Work Product and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Consultant prepares a document on a computer, Consultant shall provide City with said document both in a printed format and in an electronic format that is acceptable to City. 10 of 22 City of Seal Beach Professional Services Agreement 12.0 Confidentiality 12.1. Consultant may have access to financial, accounting, statistical, and personnel data of individuals and City employees, trade secrets, and/or other information that may be protected under other applicable laws relating to privacy, confidentiality and/or privilege. Consultant covenants that all Work Product (as defined in Subsection 11.1) and/or any other data, documents, writings, discussion or other information created, developed, received or provided by Consultant in the performance of this Agreement are deemed confidential unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such Work Product, data, documents, writings, discussion or other information to persons or entities other than City without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, and/or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary,” provided Consultant gives City timely notice of such court order or subpoena. 12.2. Consultant shall promptly notify City should Consultant, its officers, employees, agents, servants, and/or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City’s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response. 12.3. Consultant’s covenants and obligations under this Section shall survive the termination or expiration of this Agreement. 13.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors. Authorized subcontracts, if any, shall contain a provision making the subcontractor subject to all requirements of this Agreement. 11 of 22 City of Seal Beach Professional Services Agreement 14.0 Prohibition Against Assignment , Transfer or Delegation Consultant shall not assign or transfer this Agreement or any of its rights, obligations or interest in this Agreement, or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent, which may be withheld for any reason. Any purported assignment, transfer or delegation without City’s consent shall be void and without effect, and shall entitle City to terminate this Agreement. 15.0 Inspection and Audit of Records Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, payroll, invoices, time cards, cost control sheets, costs, expenses, receipts and other records and Work Product with respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City’s rights under this Section 15.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 16.0 Safety Requirements All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable state and federal laws. City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services. Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to the City any hazardous condition noted by Consultant. 17.0 Insurance 17.1. General Requirements. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section. 12 of 22 City of Seal Beach Professional Services Agreement 17.2. Minimum Scope and Limits of Insurance . Consultant shall, at its sole cost and expense, procure, maintain and keep in full force and effect for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement, as follows: 17.2.1. Commercial General Liability Insurance: Consultant shall maintain limits no less than $2,000,000 per occurrence for bodily injury, personal injury and property damage; and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit : Coverage shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds; 17.2.2. Automobile Liability Insurance: Consultant shall maintain limits no less than $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto). 17.2.3. Workers’ Compensation Insurance in the amount required by law; and Employer’s Liability: with minimum limits of $1,000,000 per accident and in the aggregate for bodily injury or disease; 17.2.4. Professional Liability (or Errors and Omissions) Liability Insurance: Consultant shall maintain professional liability (or errors and omissions liability) insurance that covers the Services to be performed in connection with this Agreement, with minimum limits of $1,000,000 per claim/aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement. If a “claims made” policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years. 17.3. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 17.4. Additional Insured . 17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those 13 of 22 City of Seal Beach Professional Services Agreement City agents serving as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work. 17.4.2. For automobile liability insurance, City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased , hired or borrowed by the Consultant or for which the Consultant is responsible . 17.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies. 17.5. Cancellations or Modifications to Coverage . The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by City to state: (i) coverage shall not be suspended, voided, reduced or canceled except after 30 days (or ten days for nonpayment) prior written notice by certified mail, return receipt requested, has been given to City; (ii) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials; 17.6. Primary and Non -Contributing. Coverage shall be primary insurance as respects the City, its elected and appointed officials , officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self -insurance maintained by the City, its elected and appointed officials , officers, employees, agents. volunteers and those City agents serving as independent contractors in the role of City officials, shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; 17.7. Separation of Insureds. Each insurance policy shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials. 17.8. Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions shall be declared to and approved by City. Consultant guarantees that, at the option of City, either: (i) the insurer shall reduce or 14 of 22 City of Seal Beach Professional Services Agreement eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials; or (ii) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 17.9. Waiver of Subrogation. Each insurance policy required by this Agreement shall expressly waive the insurer’s right of subrogation against City and its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials. Consultant hereby waives its own right of recovery and all rights of subrogation against City; and shall require similar express written waivers from any subcontractor. 17.10. Enforcement of Agreement Provisions (Non-Estoppel). Consultant acknowledges and agrees that any actual or alleged failure on City’s part to inform Consultant of non-compliance with any insurance requirement does not impose additional obligations on City, nor does it waive any rights hereunder. 17.11. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant. 17.12. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverage s required under this Section on forms satisfactory to and approved by City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City if requested. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City’s Risk Manager. All certificates and endorsements shall be received and approved by the City before work commences. City also reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages. 15 of 22 City of Seal Beach Professional Services Agreement 17.13. Insurance Requirements Not Limiting. Procurement of specific coverages or limits contained in this Section insurance by Consultant are not intended to be, and shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duties under any provision of this Agreement. 17.14. Broader Coverage/Higher Limits. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Consultant under this Agreement. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. If Consultant maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. 17.15. Subcontractor Insurance Requirements/Pass-Through Clause. Consultant shall require each of its subconsultants and/or subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section. Consultant agrees to monitor and review all such coverages and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. Consultant agrees to submit all agreements with consultants, subcontractors, and others engaged in the Services upon City’s request. 17.16. Timely Notice of Claims. Consultant shall give City prompt and timely notice of demands or claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required insurance policies. 18.0 Indemnification, Hold Harmless, and Duty to Defend 18.1. Indemnities. 18.1.1. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify City and its elected and appointed officials, officers, attorneys, agents, servants, employees, volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees” in this Section 18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens or losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Claims”), in law or equity, whether actual, alleged or threatened, to property or persons, including but not limited to, bodily injury, death, personal injury and property damage, in any manner arising out of, claimed to arise out of, pertaining to, or 16 of 22 City of Seal Beach Professional Services Agreement relating to the breach of this Agreement and/or any acts, errors, omissions, negligence or willful misconduct of Consultant, its officers, agents, servants, employees, contractors, subcontractors, subconsultants, materialmen, or suppliers, or their officers, agents, servants or employees (or any entity or individual for whom Consultant shall bear legal liability) in the performance of the Services and/or this Agreement, except to the extent the Claims arise from the sole negligence or willful misconduct of the Indemnitees as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 18.1.2. Consultant shall defend, indemnify and hold harmless City in accordance with Sections 9.0 and 10.0. 18.2. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 1 8.0 from each and every subcontractor, subconsultant, or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemni ty agreements, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, arising out of, are claimed to arise out of, pertaining to, or relating to, the breach of this Agreement, any acts, errors, omissions, negligence or willful misconduct of Consultant’s subcontractors, its officers, agents, servants, employees, materialmen, contractors, subcontractors and/or subconsultants, or their officers, agents, servants or employees (or any entity or individual for whom Consultant’s subcontractor shall bear legal liability) in the performance of the Services or this Agreement, except to the extent the Claims arise from the sole negligence or willful misconduct of the Indemnitees as determined by final arbitration or court decision or by the agreement of the Parties. 18.3. Workers’ Compensation Acts Not Limiting. Consultant’s indemnification obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ co mpensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officials, officers, agents, employees, servants, volunteers and those City agents serving as independent contractors in the role of City officials . 18.4. Insurance Requirements Not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate 17 of 22 City of Seal Beach Professional Services Agreement required pursuant to this Agreement. The indemnities and obligations in this Agreement 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 Indemnitees. 18.5. Survival of Terms. Consultant’s covenants and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement. 19.0 Non-Discrimination and Equal Employment Opportunity Consultant affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Consultant covenants that it shall not discriminate, harass or retaliate against any of its employees, applicants for employment, contractors, subcontractors or subconsultants because of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, military or veteran status, or any other basis prohibited by law. Consultant further covenants that in the performance of this Agreement, Consultant shall not discriminate, harass or retaliate against any of City’s elected or appointed officials, officers, employees, servants, consultants, contractors, subcontractors, or subconsultants on any such basis prohibited by law. 20.0 Labor Certification By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers’ Compensation or to undertake self -insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 21.0 Prevailing Wage and Payroll Records To the extent that this Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C, attached hereto and incorporated by reference herein. 22.0 Entire Agreement This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties. 23.0 Severability 18 of 22 City of Seal Beach Professional Services Agreement The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 24.0 Government Code Claim Compliance In addition to any and all requirements of this Agreement pertaining to notices of and requests for compensation or payment for additional services, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any lawsuit against City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to additional services, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a lawsuit against City. 25.0 Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied i n interpreting this Agreement. Orange County, California, shall be the venue for any action or proceeding that may be brought by reason of, that arises out of, and/or relates to any dispute under this Agreement (whether contract, tort or both). 26.0 No Third Party Beneficiaries This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement. 27.0 Waiver No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (i) effective unless it is in writing and signed by the Party making the waiver, (ii) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (iii) deemed to constitute a continuing waiver unless the writing expressly so states. 19 of 22 City of Seal Beach Professional Services Agreement 28.0 Prohibited Interests; Conflict of Interest 28.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 28.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 28.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Section. 29.0 Final Payment Acceptance Constitutes Release The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant’s work or services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors, agents, and servants for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such 20 of 22 City of Seal Beach Professional Services Agreement responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors, agents, and servants. 30.0 Corrections In addition to the indemnification obligations set forth above, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City’s review of Consultant’s report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction. 31.0 Non-Appropriation of Funds Payments to be made to Consultant by City for any Services performed within the current fiscal year are within the current fiscal budget and within a n available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant’s Services beyond the current fiscal year, this Agreement shall cover payment for Consultant’s Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. 32.0 Mutual Cooperation 32.1. City’s Cooperation. City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for Consultant’s proper performance of the Services required under this Agreement. 32.2. Consultant’s Cooperation. Consultant agrees to work closely and cooperate fully with City’s representative and any other agencies that may have jurisdiction or interest in the work to be performed. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires. 33.0 Time of the Essence Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement. 34.0 Attorneys' Fees 21 of 22 City of Seal Beach Professional Services Agreement If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys’ fees and other costs incurred in connection therewith. 35.0 Titles and Headings The titles and headings used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it. 36.0 Recitals City and Consultant acknowledge and agree that the above Recitals are true and correct, and are incorporated into this Agreement by this reference. 37.0 Corporate Authority The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. 22 of 22 City of Seal Beach Professional Services Agreement 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: infinity Technologies, a California 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.) PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED Mohammad Ahmed President/CEO Sara Iqbal Secretary City of Seal Beach Professional Services Agreement EXHIBIT A SCOPE OF WORK GIS Services | Scope of Work and Cost March 2026 CITY OF SEAL BEACH SCOPE OF WORK AND ESTIMATED COSTS ONGOING GIS SUPPORT SERVICES Project Background Infinity Technologies GIS team has been providing GIS support to Seal Beach since October 2022. As part of this work, a new GIS platform was implemented in 2023 to support a variety of GIS needs at Seal Beach. Work tasks included the following:  Establishing an ArcGIS Online account  Centralizing GIS layers into a single database  Creating new GIS layers  Establishing a new source of parcel information  Developing a new staff only WebGIS application  Publishing GIS integration services with the EnerGov (EPL) permitting software  Standardizing and improving historical permitting datasets Each of these tasks required consulting hours to collect/develop data or build GIS capabilities. With the GIS platform now established as a reliable source of spatial information and functionality, tasks will turn to maintaining the GIS layers and expanding the functionality to other GIS needs. Ongoing and future general GIS needs will include the following:  Maintaining key GIS layers, including addresses and parcels  Supporting and troubleshooting GIS integrations with EnerGov (EPL)  Developing public facing WebGIS applications  Administering the Seal Beach ArcGIS Online account  Maintaining and enhancing internal WebGIS Applications  General GIS support (Maps, analysis, reports, etc…)  GIS training/workshops In addition to general GIS support noted above, the Public Works department has specific GIS needs. These specific needs include the following:  Additional GIS layers added to ArcGIS Online  Enhancement to the Public Works internal mapping application  New workflows to maintain existing Public Works layers.  Create new Public Works GIS layers.  Field mapping and inspection capabilities  Potential application to track and assign work orders.  Specific GIS training/mentoring to Public Work staff. Scope of Work Task 1. GIS Data Maintenance/Creation  Download and process quarterly parcel updates from Lightbox.  Work with Seal Beach staff to keep the GIS Master Address Database updated.  Work with staff to ensure zoning and general plan layers are updated.  Work with other Seal Beach staff to ensure all GIS datasets are accurate.  Create new GIS layers on request Task 2. GIS Integration Support and Troubleshooting  Monitoring and support GIS integration services and content for EnerGov (EPL)  Develop any new GIS integration needs for other Seal Beach business software. Task 3. Develop public facing GIS Applications  Demo and potentially develop new public facing WebGIS applications.  May include garbage lookup, street sweeping, CIP Story Map, zoning information, etc…. Task 4. Administering Seal Beach ArcGIS Online Platform  Add and remove named users.  Modify user types as needed.  Add groups and permission as needed. Task 5. Maintaining and Enhancing WebGIS Applications  Maintain and troubleshooting existing WebGIS applications to ensure content and functionality are working as expected.  As new ArcGIS Online capability becomes available, demonstrate and potentially add new functionality to WebGIS applications. Task 6. General GIS Support  Provide general GIS support for requests for maps, analysis, and reports. Task 7. GIS Training and Workshops  Hosting GIS workshops with Seal Beach staff.  One-on-one training with key city staff Task 8. Public Works GIS Support  Additional GIS layers added to ArcGIS Online  Add new WebGIS functionality in the existing Public Works Viewer  New workflows to maintain existing Public Works layers.  Create new Public Works GIS layers.  Field mapping and inspection capabilities  Potential application to track and assign work orders. (ArcGIS Tasks)  Specific GIS training/mentoring to Public Work staff. GIS Consulting Services – Estimated Costs Task Annual Consulting Costs 1. GIS Data Maintenance/Creation $6,000 2. GIS Integration Support and Troubleshooting $3,600 3. Develop Public Facing Applications $3,600 4. Administering Seal Beach ArcGIS Online Platform $1,200 5. Maintaining and Enhancing WebGIS Applications $6,000 6. General GIS Support $2,400 7. GIS Training and Workshops $1,200 8. Public Works GIS Support $12,000 Year 1 Cost Estimate (Does not include Esri software or Lightbox licensing costs) $36,000 Year 2 Cost Estimate (Does not include Esri software or Lightbox licensing costs) $36,000 GIS Staff/Hourly Rate Schedule Title Hourly Rate GIS Project Manager $175 Enterprise GIS Architect $170 Senior GIS Analyst $155 GIS Analyst II $140 GIS Analyst I $125 Sr. GIS Technician $115 GIS Technician II $105 GIS Technician I $100 City of Seal Beach Professional Services Agreement EXHIBIT B TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those Services that are “public works”, Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Consultant’s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement. 6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. 7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in City of Seal Beach Professional Services Agreement Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. 8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. Consultant shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City. 10. Consultant acknowledges that eight hours labor constitutes a legal day’s work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” City of Seal Beach Professional Services Agreement 12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant’s expense with counsel reasonably acceptable to City) City, its elected and appointed officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement. Agenda Item I AGENDA STAFF REPORT DATE:April 27, 2026 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Agreement with Municipal Water District of Orange County for Water Loss Control Shared Services Participation ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7760 authorizing the City Manager to execute the Water Loss Control Participation Agreement with the Municipal Water District of Orange County. BACKGROUND AND ANALYSIS: The City of Seal Beach (City) has historically participated in regional programs administered by the Municipal Water District of Orange County (MWDOC) to support water system management, regulatory compliance, and operational efficiency. MWDOC serves as the regional wholesale water provider for 27 retail water agencies in Orange County, including the City. MWDOC purchases imported water from the Metropolitan Water District of Southern California and distributes it to its member agencies to supplement local water supplies. In addition to managing regional water supply reliability, MWDOC provides technical assistance, regional planning, and shared service programs that help member agencies operate their water systems efficiently and comply with state and federal regulatory requirements. Water loss management has become an increasing regulatory priority in California. Senate Bill 555 requires urban water suppliers to prepare and submit validated annual water loss audits to the California Department of Water Resources using the American Water Works Association/International Water Association (AWWA/IWA) Water Audit Methodology. This methodology allows agencies to quantify all water entering the distribution system as either authorized consumption or loss, evaluate system performance indicators, estimate the financial impact of water losses, and establish measurable targets for reducing both real and apparent losses. To assist member agencies in meeting these requirements, MWDOC established the Water Loss Control (WLC) Shared Services Program. The program provides Page 2 2 2 7 3 technical assistance to help agencies identify, measure, and reduce water losses within their distribution systems through services such as water audit preparation and validation, system loss analysis, meter testing, and leak detection. By coordinating these services at the regional level, MWDOC provides participating agencies with specialized expertise, standardized methodologies, and cost- sharing opportunities that would otherwise require individual consultant contracts or additional staff resources. The City has participated in MWDOC’s regional WLC program for several years. On September 12, 2016, the City Council adopted Resolution 6679 approving participation in MWDOC’s Cooperative Agreement for WLC Technical Assistance. On June 24, 2019, the City Council adopted Resolution 6928 approving participation in MWDOC’s WLC Shared Services Agreement, which expanded available services to include water audit validation, customer meter accuracy testing, and distribution system leak detection, among other related services. MWDOC has since updated the structure of its WLC program and is requesting member agencies to enter into a new WLC Participation Agreement. The proposed agreement consolidates Shared Services and Technical Assistance under a single ten-year “umbrella” agreement, effective July 1, 2026 through June 30, 2036. Under this structure, participating agencies will execute annual addenda identifying the specific services they elect to receive each fiscal year and the associated level of technical assistance. Available services include preparation and validation of water loss audits, component analysis of real and apparent losses, and distribution system leak detection support. Participation in the program provides flexibility through a range of available services, allowing the City to select specific services each year based on operational needs and available funding. Continuing participation in MWDOC’s Water Loss Control Shared Services Program will provide the City with technical support for water loss management and help maintain compliance with state water loss reporting requirements. Accordingly, staff recommends entering into the new Water Loss Control Participation Agreement and completing the associated Fiscal Year 2026–27 program addenda. 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 with MWDOC will not have a significant effect on the environment. LEGAL ANALYSIS: The City Attorney has reviewed and approved the resolution and agreement as to form. Page 3 2 2 7 3 FINANCIAL IMPACT: Funding for the Water Use Efficiency Program will be included in the proposed Fiscal Year 2026-27 budget, with anticipated participating expenditures totaling $2,426 for Shared Services, and $26,880 for Technical Assistance Tasks. MWDOC programs are funded through the Water Fund Intergovernmental account 501-500-0900-51290. Participation in subsequent years will be evaluated and included as appropriate through future fiscal year budgets. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7760 authorizing the City Manager to execute the Water Loss Control 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 7760 B. Water Loss Control Participation Agreement RESOLUTION 7760 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE THE WATER LOSS CONTROL PARTICIPATION AGREEMENT WITH MUNICIPAL WATER DISTRICT OF ORANGE COUNTY WHEREAS, on September 12, 2016, the City Council adopted Resolution 6679, approving a Cooperative Agreement for Water Loss Control Technical Assistance between the City of Seal Beach and the Municipal Water District of Orange County (Parties) for the City’s participation in water loss control technical assistance services; and, WHEREAS, on June 24, 2019, the City Council adopted Resolution 6928, approving the Water Loss Control Shared Services Agreement, dated July 7, 2019, between the Parties for additional water loss control services; and, WHEREAS, the parties now desire to enter into a new Water Loss Control Participation Agreement that will serve as a single “umbrella” agreement consolidating both the Shared Service and Technical Assistance programs; and, WHEREAS, the proposed agreement will have a term beginning July 1, 2026 to and including June 30, 2036. NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine and order as follows: Section 1. The City Council hereby approves the Water Loss Control Participation Agreement between the City of Seal Beach and Municipal Water District of Orange County attached hereto and incorporated herein by this reference as though set forth in full. Section 2. The City Council hereby authorizes and directs the City Manager, or their designee, to execute the Agreement. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 27th day of April 2026 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members 1 1 0 7 6 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 7760 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 27th day of April 2026. Gloria D. Harper, City Clerk 1 WATER LOSS CONTROL PARTICIPATION AGREEMENT This Water Loss Control Participation Agreement (“Agreement”) is made and effective as of the 1st day of July 2026, by and between the Municipal Water District of Orange County (“MWDOC”) and City of Seal Beach (“Participating Agency”). MWDOC and Participating Agency may be collectively referred to as “Parties” and individually as a “Party.” RECITALS A.MWDOC offers its member agencies (“Member Agencies”) the benefits of certain programs known as choice services, that they may elect to participate in (“Choice Services”). These Choice Services provide cost-sharing and shared services components that allow a Participating Agency to obtain economies of scale and save money. If a Member Agency elects to receive certain Choice Services, the Participating Agency executes an agreement with MWDOC that sets forth the terms and conditions for those Choice Services. B.With input from its Member Agencies, MWDOC previously prepared a Water Loss Control Shared Services Business Plan, which proposed five water loss control shared services (“Shared Services”) to be provided to Member Agencies by MWDOC staff and, as necessary and as determined by MWDOC, by third-party vendors/contractors (“Contractor or Contractors”). C.MWDOC also entered into a professional services agreement with E Source Companies, LLC (“Consultant” or “E Source”) for E Source to provide Water Loss Control Technical Assistance (“Technical Assistance”) to Member Agencies (“Consultant Agreement”). D.The purpose of this Water Loss Control Participation Agreement is to create a unified agreement between MWDOC and Participating Agency that combines all of the water loss control Shared Services and Technical Assistance programs (“Programs”) into one agreement. Addenda to this Agreement will be issued annually. E.Participating Agency may elect which of the Shared Services and/or Technical Assistance (jointly referred to as WLC Services), if any, it wishes to receive from MWDOC by completing annual election forms (“Election Forms”). The Election Forms include the selected tasks, total required payments and costs, and any additional information and/or requirements specific to each Participating Agency. The annual Election Forms may also be used to tailor the types and amounts of WLC Services that each Participating Agency will receive, as well as the costs. The Election Forms are attached as Addenda A and B to this Agreement. F.At the end of each year, the Participating Agency may change the WLC Services that it elects to receive for the following year by completing the annual Election Forms under this Agreement. 2 G.The Parties desire to enter into this Agreement, whereby the Participating Agency elects to receive, on the terms and conditions described herein, the water loss control shared services provided by MWDOC. NOW THEREFORE, in consideration of the promises and covenants hereinafter set forth, the Parties do agree as follows: TERMS 1.Scope of Services. MWDOC will provide the Participating Agency with the water loss control Shared Services and Technical Assistance identified in the Election Forms attached hereto as Addenda A and B. The actual scheduling of Shared Services and/or Technical Assistance shall be done only upon request of the Participating Agency. The Parties agree that MWDOC may provide the WLC Services by utilizing MWDOC staff or Contractors as determined by MWDOC. 2.Term of Agreement. This Agreement will be effective on July 1, 2026, and shall terminate on June 30, 2036 (“Term”) 3.Administration of Consultant and Contractors. MWDOC will provide project management assistance regarding all Contractors and the Consultant, which includes working closely with and managing Contractors and Consultant to ensure compliance with any agreements, facilitating interactions between the Participating Agency and Consultant and/or Contractors, and communicating regularly with the Participating Agency regarding the Shared Services and/or Technical Assistance, as needed. 3.1. MWDOC shall make payments to any Contractor and/or Consultant on a time and materials basis. 3.2. Participating Agency shall provide all documents, information, and assistance requested by any Contractor and/or Consultant during the performance of the WLC Services. 3.3. Addenda A and B are incorporated into this Agreement by reference and include separate attachments for Participating Agencies that include the selected tasks, total required payments and costs, and any additional information and requirements that are specific to each Participating Agency. 3.4. Addenda A and B may be updated as Member Agencies execute this Agreement and become Participating Agencies or pursuant to mutual agreement between a respective Participating Agency and MWDOC. 4.Annual Election Addenda. Prior to July 1 of each year of the Agreement and consistent with the requirements of this Section, Participating Agency may change the Shared Services and/or Technical Assistance that it elects to receive for the following fiscal year (July 1 – June 30) by completing the annual Election Forms, which will replace and become new Addenda A and/or B to this Agreement (“Election Addenda” or “Election Addendum”). The Election Addenda may contain terms that differ from those in the initial 3 Election Forms, including adjustments to service types and the addition of new WLC Services as they become available. 5.Cost Sharing by Participating Agencies. 5.1. MWDOC shall: 5.1.1. Collect from Participating Agency upon execution of this Agreement the amount indicated in Addenda A and B that is specific to said Participating Agency, which is the total cost of the selected WLC Services for the Participating Agency. 5.1.2. Inform the Participating Agency of any proposed extra work that would result in an increase in the payments under this Agreement. MWDOC and the Participating Agency must both approve such extra work before MWDOC will notify any Contractor or Consultant to proceed with the work. 5.1.3. On or about February of each year, prepare a final annual accounting for the Participating Agency and either distribute any remaining funds collected back to the Participating Agency, consistent with the amounts in Addenda A and B, roll over any remaining funds for use by the Participating Agency in the following year or, when there are funds due, issue a final bill to the Participating Agency. 5.2. Participating Agency shall: 5.2.1. Pay to MWDOC upon execution of this Agreement, the full amount indicated in Addenda A and B that is specific to the Participating Agency. 5.2.2. Pay to MWDOC, upon approval of any extra work, the full amount owed for any approved extra work. The Participating Agency shall bear all costs associated with extra work it approves. 6.Pricing and Payment. Participating Agency shall pay MWDOC for the WLC Services provided pursuant to this Agreement in the unit cost amounts for each type of elected WLC Service as set forth in Addenda A and B. The unit costs in Addenda A and B may be adjusted each year by MWDOC in MWDOC’s discretion. MWDOC will provide each Participating Agency with notice of any changes to unit costs for the next fiscal year by March 1 of the previous fiscal year, and such adjusted costs shall be reflected in the Election Addenda. With respect to WLC Services that are provided by Contractors/Consultants who are under contract with MWDOC, MWDOC reserves the right to change the unit cost for such WLC Services if there is a change in unit cost by the Contractor, provided, however, that MWDOC gives the Participating Agency no less than sixty (60) days' notice of such change, during which period the Participating Agency may elect to terminate such WLC Services from the Election Addenda. In addition, Participating Agency is not obligated to request any WLC Services and is only required to pay for WLC Services performed by MWDOC at the request of Participating Agency. 7.Billing Procedure and Payment. Within thirty (30) days of receiving Addenda A and/or B, MWDOC shall invoice the Participating Agency for the full unit cost of the WLC Services that have been chosen by the Participating Agency for the upcoming fiscal year. 4 Participating Agency shall pay MWDOC within thirty (30) days of receipt of the invoice. In the event that there is a subsequent change in the scope of the WLC Services that were elected in Addenda A and/or B, MWDOC will provide a revised invoice for such change, and in the event that the change results in a credit to the Participating Agency, then the Participating Agency will have the option to apply the credit to the annual invoice for the next fiscal year or to be issued a refund. 8. Termination. Either Party may terminate this Agreement upon thirty (30) days' written notice to the other. In such an event, the Parties shall be responsible to each other for any obligations incurred prior to the termination date. 9.Standard of Care. MWDOC will require that all Contractor and/or Consultant services be performed in accordance with generally accepted professional practices and principles, and in a manner consistent with the level of care and skill ordinarily exercised in performing the WLC Services. 10. Accounting. MWDOC shall, for a reasonable time, keep accurate and detailed records of the WLC Services performed and the financial details in connection with such WLC Services, including all accounting books and records related to any payments to Contractors/Consultants (collectively, the “Records”). All Records must be maintained in accordance with generally accepted accounting principles applicable to local government agencies in the State of California and must be sufficiently complete and detailed to permit an accurate evaluation of the Services provided by MWDOC under this Agreement. Upon request from the Participating Agency, MWDOC will provide copies of the Contractor/Consultant invoices and MWDOC’s payment records, and shall give the Participating Agency reasonable access, during normal business hours, to such Records. 11. Independent Contractor. The Consultant/Contractor is not a party to this Agreement and is not an employee or agent of MWDOC or any of the Participating Agencies, either as a result of this Agreement or because of the Consultant Agreement between MWDOC and the Consultant/Contractor. The Consultant/Contractor is an independent contractor to MWDOC. 12. Indemnification. MWDOC agrees to indemnify and hold the Participating Agency harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death (collectively, “Claims”), in any manner arising out of any sole and active negligent acts or willful misconduct of MWDOC in connection with the provision of WLC Services. MWDOC will require any Contractors/Consultants to indemnify and hold harmless Participating Agency from any and all Claims arising out of the negligent acts or willful misconduct of the Contractor/Consultant, its agents and employees, and Participating Agency agrees that it will look solely to the Contractor/Consultant for such Claims, provided, however, that MWDOC will act as the agent of the Participating Agency to enforce the terms of the indemnity with Contractor/Consultant and make any related insurance claims with respect to the insurance coverage provided by Contractor/Consultant. . MWDOC shall use its best efforts in administering the Consultant Agreement, but makes no representations, guarantees, or warranties to the Participating Agency as to the quality 5 or timeliness of work product provided by the Consultant/Contractor pursuant to the Consultant Agreement. The Participating Agency agrees to indemnify MWDOC, its directors, officers, employees and agents against, and will hold and save them harmless from, any and all actions, claims, penalties, obligations or liabilities, in law or in equity, of every kind or nature whatsoever, that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of or in any manner directly or indirectly connected with the Consultant Agreement or E Source Services provided for the benefit of the Participating Agency. Participating Agency agrees and acknowledges that MWDOC is not responsible for the maintenance and quality of any of Participating Agency’s facilities, and Participating Agency is responsible for any costs, expenses, liability, loss, damage, or injury of any kind, in law or equity, to property or persons, including wrongful death, arising from such. 13. Insurance. MWDOC shall obtain prior to commencing work and maintain in force and effect throughout the term of this Agreement, all insurance set forth below. MWDOC insurance is provided through the Association of California Water Agencies Joint Powers Insurance Authority and such other insurers as MWDOC may determine from time to time. 13.1. Workers’ Compensation Insurance. MWDOC will maintain workers’ compensation insurance for its employees, covering all work covered by this Agreement, in accordance with applicable law. Upon request, MWDOC will provide an ACORD certificate of insurance or other certificate of insurance satisfactory to the Participating Agency, evidencing such coverage. 13.2. Liability and Other Insurance. MWDOC will maintain during the term of this Agreement general liability coverage of not less than $1,000,000 per occurrence for bodily injury, personal injury and property damage; automobile liability (owned, scheduled, non-owned or hired) of at least $1,000,000 for bodily injury and property damage each accident limit; workers’ compensation (statutory limits) and employer’s liability ($1,000,000) (if applicable); requiring 30 days (10 days for non-payment of premium) notice of cancellation to Participating Agency. 13.3. Contractor Insurance Coverage. If MWDOC employs Contractors to provide services covered by this Agreement, MWDOC shall require that each Contractor meet MWDOC’s minimum insurance requirements. Contractor will provide a certificate of insurance to MWDOC, which will be required to name MWDOC and Participating Agencies as additional insureds to any Consultant or Contractor’s liability coverage. 13.4. Expiration of Coverage. If any of the required coverages expire during the term of the Agreement, MWDOC and its Contractors, as applicable, shall provide updated renewal certificate(s), including the general liability additional insured endorsement, at least ten (10) days prior to the expiration date. 14. Independent Contractor. MWDOC shall act as an independent contractor in the performance of the WLC Services provided for in this Agreement and shall furnish such WLC Services in MWDOC’s own manner and method, and in no respect shall MWDOC or any of its agents be considered an agent or employee of Participating Agency. No provisions of this Agreement shall be intended to create a partnership or joint venture between MWDOC or any of its agents and Participating Agency, and neither Party shall 6 have the power to bind or obligate the other Party, except as expressly set forth in this Agreement. 15. Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following addresses, or at such other address as the respective parties may provide in writing for this purpose. Such notice shall be deemed made when personally delivered or sent via commercial overnight courier and shall be effective upon receipt. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. MWDOC: Harvey De La Torre, General Manager Municipal Water District of Orange County 18700 Ward St. P.O. Box 20895 Fountain Valley, CA 92728 Participating Agency: Patrick Gallegos, City Manager City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 16. Jurisdiction and Venue. In all matters concerning the validity, interpretation, performance, or effect of this Agreement, the laws of the State of California shall govern and be applicable. The Parties hereby agree and consent to the exclusive jurisdiction of the courts of the State of California, and that venue of any action brought hereunder shall be in Orange County, California. 17. Counterparts and Facsimile. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all the Parties had executed the same instrument. Counterpart signatures may be transmitted by facsimile, email, or other electronic means and have the same force and effect as if they were original signatures. All parties have participated in the drafting of this Agreement. 18. Severability. If any provision of this Agreement shall be held illegal, invalid, or unenforceable, in whole or in part, the legality, validity, and enforceability of the remaining provisions shall not be affected thereby. 19. Entire Agreement. This Agreement contains the entire agreement of the Parties relating to the subject matter hereof, and the Parties have made no agreements, representations, or warranties, either written or oral, relating to the subject matter hereof that are not set forth herein. Except as provided herein, this Agreement may not be modified or altered without prior written approval from both parties. 20. Authority to Execute. Each Party represents and warrants to the other Party that all necessary action has been taken by such Party to authorize the undersigned to execute this Agreement and to bind it to the performance of its obligations hereunder. 21. Incorporation of Recitals. The Recitals and section titles set forth herein are incorporated herein and are an operative part of this Agreement. 7 IN WITNESS WHEREOF, the Parties have hereunto affixed their names as of the day and year thereinafter written, which shall be and is the effective date of this Agreement. MWDOC: PARTICIPATING AGENCY: Date Harvey De La Torre General Manager Municipal Water District of Orange County Approved as to Form: Date Date Name: Joseph Byrne, Esq. Date Name: Nicholas Ghirelli, City Attorney Patrick Gallegos City Manager City of Seal Beach Approved as to Form: 4/16/2026 8 ADDENDUM A Water Loss Control Shared Services Election Form Fiscal Year 2026-2027 FY26-27 Water Loss Control Shared Services Agency: Contact Person: Contact E-mail: Contact Phone: Task 1: Water Audit Validation Water audit validation will be conducted at Level 1 in accordance with the methodology established in the Water Research Foundation project 4369: Level 1 Water Audit Validation Guidance Manual. Water audit validation aims to identify and appropriately correct for inaccuracies in water audit data and the application of methodology. Furthermore, validation also evaluates and communicates the uncertainty inherent in water audit data. To accomplish these goals, MWDOC’s validation Shared Service will follow the steps published in the Water Research Foundation Level 1 Water Audit Validation Guidance Manual. The process will include: •Review the water audit and supporting documentation. •Review performance indicators for evidence of inaccuracy. •Review audit inputs and data validity grades and confirm correct application of methodology in a Level 1 validation interview. Adjust inputs and data validity grades, if necessary. •Review performance indicators again for evidence of persisting inaccuracy. •Document results. MWDOC’s validation Shared Service will also employ the California-specific additional guidance developed by the California Water Loss Technical Assistance Program and subsequently taught in the Water Audit Validator (WAV) certificate course. Validation results will be documented in a format acceptable to the Department of Water Resources. Templates for this format have been published by the California- Nevada section of the American Water Works Association on their WAV Certification webpage. Deliverables include: •Level 1 Validation Summary Notes •Certified Validation Report (signed by validator) Yes No $_________ Water Balance Validation is a Core service provided by MWDOC to its member agencies at no cost. MWDOC member agencies are requested to check the box to the left indicating their choice to have MWDOC validate their annual water balance. The Cities of Anaheim, Fullerton, and Santa Ana may access MWDOC’s Water Audit Validation service for a fee of $990 per validation. 9 Task 2: Meter Accuracy Testing Customer meter accuracy testing enables an agency to measure a retail meter’s performance and, consequently, the throughput that the meter fails to register. By measuring a meter’s inaccuracy, an agency can understand the financial loss it causes and develop a plan to manage meter performance within its system. Customer meter tests will be conducted in accordance with the methodology set forth in American Water Works Association manual M6, Water Meters – Selection, Installation, Testing, and Maintenance. The stipulations in manual M6 include: • Specific low, medium, and high flow rates for each meter type and size • Minimum test volume by flow rate and meter size • Generally acceptable accuracy limits for new and repaired meters M6 also enumerates test procedures for laboratory tests and field tests that MWDOC staff and/or contractors will be required to follow. Agencies can choose between two customer meter accuracy testing service providers: McCall’s Meters, Inc. or Westerly Meter Service Company. The Meter Accuracy Testing (MAT) Worksheet, Attachment 2 to this document, summarizes the fees for each meter accuracy testing service provider. Note that the fees are slightly different between providers. As a result, each service provider has its own MAT Worksheet. Agencies will need to: • Select the meter accuracy testing company of their choice, • Identify the number and sizes of meters to be tested (green data entry cells), and • Estimate the number of meetings (McCall’s) or hours and mileage (Westerly) for meetings with the selected company. This worksheet should be used to calculate the total cost for meter accuracy testing services for your agency. The cost estimate calculated in the MAT Worksheet should be entered into the shaded cell immediately below. E Source is available to assist agencies in quantifying the number and sizes of meters to be tested, and in interpreting the results, as part of Task 3: Component Analysis of Apparent Losses. Small-meter (5/8 – 2 inch) testing will require agencies to remove the meters from the field and deliver them to the selected meter-testing company. Meter testing company locations are provided below. Large meters (3 inches and larger) will be tested in-situ. McCall’s Meters, Inc. Westerly Meter Company 1498 Mesa View Street 1937 W. Eleventh St. Suite E Hemet, CA 92543 Upland, CA 91786 (951) 654-3799 (951) 205-3725 Deliverables include: • Meter accuracy testing results • Warehousing of test results data $ $_________ $________ MWDOC Administrative Fee Charged Per Meter Accuracy Test Invoice Processed, Not to Exceed Four Charges per Fiscal Year = $346 Input the total dollar amount calculated in the MAT Worksheet. Task 2 Total 10 Task 3a: Distribution System Leak Detection Leak detection will be conducted using a comprehensive acoustic survey, meaning that leak detection technicians will sound all accessible appurtenances regardless of spacing distances. The following protocols will be adopted for leak detection: • Sounding points: Physical contact and sonic leak sound amplification will occur for each hydrant, and customer service connection. Valves may be used as contact points, if necessary. • Sonic ground listening (hard cover): When normal contact points are not available or cannot be created within a reasonable distance, sonic ground listening devices will be used by making ground contact directly over the pipe at intervals no greater than six (6) feet when ground cover is pavement, concrete, or a similar hard surface. If excessive ambient noise precludes the effectiveness of the ground listening device in an area during daytime hours, then survey will be considered during nighttime hours. Such situations will be pre-approved with retail agency staff before any night surveying is undertaken. • Sonic ground listening (soft cover): When normal ground contact points are not available and ground cover is not a hard surface, probe rods will be used at 10-foot intervals. A sound amplifier will be used on probe rods • Verification: All indications of leaks found during initial survey will be verified a second time, after which the leak will be pinpointed with a computer-based leak sound correlator whenever possible. Pinpointing leak locations through interpretation of sound intensity, whether by ear, decibel metering, or comparable methods, will be used when contact points are available for access with a computer-based leak sound correlator. MWDOC staff will perform distribution system leak detection at a cost of $350 per mile of distribution main surveyed for MWDOC member agencies and $374 per mile for non-member agencies. Metropolitan will contribute $170 per mile thereby reducing the cost to $180 per mile to member agencies. Deliverables include: • Distribution System Leak Detection Plan • Weekly progress reporting and leak verification • Final Reporting • Training for measuring leak rates in gallons per minute Please note that in order to be eligible to receive Metropolitan funding, participating agencies must provide leak repair results. All leaks must be investigated, repaired, or slated for repair, and their status reported to MWDOC within 60 days of the completion of the leak survey. If a MWDOC member agency does not report this information to MWDOC within 60 days, the member agency will have to pay the full cost of the survey at $350 per mile. MWDOC may also perform visual/acoustic verification of repairs as needed to satisfy Metropolitan funding requirements. Participating agencies must elect a minimum of 50 miles or the full system, whichever is less. $_________ Task 3a total = miles X $180 for MWDOC Member Agencies Task 3a total = miles X $374 for the Cities of Anaheim, Fullerton, and Santa Ana 11 Task 3b: Suspected Leak Survey MWDOC staff will perform a suspected leak survey at a cost of $683 per leak investigation. The methodology to detect suspected leaks will employ the same process described in Task 3a. Deliverables include: • Suspected leak consultation • Field leak investigation • Written report and pinpointed leak location Please note that pricing may vary if the suspected leak survey area extends beyond one city block. For assistance in determining suspected leak survey costs for your needs, please contact Rachel Davis at the number or e-mail address below. Municipal Water District of Orange County Rachel Davis Water Loss Control Programs Supervisor (714) 593-5308 rdavis@mwdoc.com Please see Attachment 1 for more details. $ Task 3b Total = number of suspected leaks X $683 Task 4: Distribution System Pressure Survey The methodology used for pressure surveying depends on the survey goal of: 1) Average zonal and system pressure survey, or 2) Pressure transient survey using high frequency logger. Methodology must be agreed upon with each agency before surveying begins. The methodology to be determined includes: • Logger settings (e.g., sampling and recording frequencies) • Logger deployment locations • Logger deployment durations • Analysis of data after logger retrieval 1) Average Zonal and System Pressure Survey Pressure loggers can be deployed to evaluate the pressure range in a system or zone, which can then be used to estimate the average system or zonal pressure. Loggers should be placed strategically to capture the highs and lows of each pressure zone in the system. The survey methodology must be tailored to the infrastructure being studied. 2) Pressure Transient Survey A pressure transient survey identifies instantaneous, damaging pressure swings caused by infrastructure malfunctions, sudden and significant demand changes, or rapid hydrant operation. Pressure transients move quickly and can only be identified with a high sampling frequency. At a minimum, loggers should be deployed immediately upstream and downstream of pressure-regulating infrastructure suspected of transient production. The resulting data analysis will include: • Transient identification using a relative or absolute amplitude threshold o Absolute: transient amplitude o Relative: ratio of transient amplitude to average location pressure • Temporal transient alignment to study the direction and speed of transient propagation MWDOC staff will perform a distribution system pressure survey at a cost of $4,157 per 8-logger survey. $ Task 4 Total = number of 8 logger surveys X $4,157. 12 Fiscal Year 26-27 Year 8 Summary of Shared Services Elections: (transfer total for each Shared Service above to this summary table) Task 1: Water Audit Validation Yes No $ (3-Cities only) Task 2: Meter Accuracy Testing Total Elected Amount Less Rollover Funds to be Applied *Indicate task #(s) to move $ from $ $ Task 3a: Distribution System Leak Detection Total Elected Amount Less Rollover Funds to be Applied *Indicate task #(s) to move $ from $ $ Task 3b: Suspected Leak Survey Total Elected Amount Less Rollover Funds to be Applied *Indicate task #(s) to move $ from $ $ Task 4: Distribution System Pressure Survey Total Elected Amount Less Rollover Funds to be Applied *Indicate task #(s) to move $ from $ $ Total Elected Amount: $ Less Total Rollover Funds to be Applied: $ Total Amount to be Invoiced: $ (continues on next page) Check One;  Invoice Upon Receipt  Invoice July 1, 2026 13 By: By: Date: Date: Harvey De La Torre, General Manager Name: Title: Municipal Water District of Orange County Agency: 14 Attachment 1 Water Loss Control Shared Services Suspected Leak Survey Background: MWDOC’s Suspected Leak Survey Shared Services has evolved into two distinct elections based on the varying needs of member agencies. The first election is a Known Area Suspected Leak Survey of an isolated geographic area and requires a simple and limited investigation. The “Known Area” leak survey is billed at a flat rate as defined in Task A below. The second election is an Unknown Area Suspected Leak Survey of a broader geographic area and requires significantly more investigation and time to complete than a “Known Area” survey. The “Unknown Area” leak survey is billed based on actual time spent planning, executing, and reporting the investigation. MWDOC staff will evaluate each suspected leak investigation request and inform the requesting agency whether the investigation falls under Task A or Task B, as described below. Before initiating the “Unknown Area” leak survey, MWDOC staff will provide the requesting agency with an estimated, not-to-exceed cost for the investigation. Task A: Known Area Suspected Leak Survey MWDOC staff will perform a suspected-leak survey at a cost of $651 per investigation. The leak investigation area shall not exceed one standard city block. MWDOC will listen to all meters and hydrants within the survey area using appropriate acoustic equipment. Digital Correlating loggers will be placed on valves and other appurtenances as needed to perform leak correlations. These loggers are more sensitive than the human ear, accurately registering and locating leaks by tuning into the leak’s digital sound signature. Other techniques, such as visual inspection and chlorine residual testing, may be used if applicable. Deliverables include: • Suspected leak consultation • Field leak investigation • Written report documenting findings and leak location if found $ A Total = number of suspected leaks X $683 15 Task B: Unknown Area Suspected Leak Survey MWDOC staff will perform a suspected leak survey at its cost, including time and materials. The leak investigation area may expand beyond a city block and may change during the course of the investigation. MWDOC will listen to meters and hydrants within the survey area using Acoustic Digital Water Leak Detectors. Correlating loggers will be placed on valves and other appurtenances as needed to perform leak correlations. These loggers are more sensitive than the human ear, accurately registering and locating leaks by tuning into the leak’s digital sound signature. Other techniques such as visual inspection and chlorine residual testing may be used if applicable. Deliverables include: • Suspected leak consultation • Field leak investigation • Written report documenting findings and leak location, if found Note that the value below is an estimated, not to exceed cost. Because the exact location of the leak is not known and may evolve during the survey, the estimated cost is also subject to change. $ Task B Estimated Total based on Time and Materials = $ 16 Attachment 2 Meter Accuracy Testing (MAT) Worksheet McCall’s Meters, Inc. McCall's Meters, Inc. Meter Accuracy Testing Fee Worksheet Participating Agency: Contact Person: Phone & Email: Rate Quantity Total Small Meter Testing 5/8 - 1 in. $45.00 $ 1 1/2 in. and up $60 to $65 (1) $ 3 in. Turbine $80.00 $ Large Meter Testing 3 in and up. $225 (2) $ Rates for Pickup or Delivery of Meters $125/hour Rates for attending meetings $125/day $ Total: $ (1) Fixed rate of $60 for non-turbine meters and $65 for turbine meters. (2) Requires a minimum of 4 meters per day; If less than 4 tests, a portal-to- portal fee of $125 will be charged. 17 Attachment 2 Meter Accuracy Testing (MAT) Worksheet Westerly Meter Service Company Rate Quantity Total Small Meter Testing 5/8 - 1 in. $30.00 $ 1 1/2 in. and up $70.00 $ 3 in. Turbine N/A $ Large Meter Testing 3 in and up. $200 $ Rates for Pickup or Delivery of Meters No Charge (1) Rates for attending meetings $150/hr. + mileage $ Total: $ (1) No charge for orders transport of over 50 meters. Transport of less than 50 is based on time and mileage 18 ADDENDUM B January 1, 2026 through June 30, 2027 Water Loss Control Technical Assistance Tasks TASKS 1 PROJECT ADMINISTRATION Project administration: Partner with E Source and the larger MWDOC group (Required) ● Communication ● Systems of data collection and management ● Travel expenses ● Invoicing $2,200 Project administration TASK 2 WATER AUDIT COMPILATION Task 2: Water audit compilation: Estimate apparent and real water loss. Assess data availability and quality ● Water audit data collection and review ● Raw billing data validation (study of completeness and consistency, pro‐rating to reduce lag‐time effects) ● Water audit compilation ● Water audit documentation in preparation for level 1 validation $11,240 Task 2: Water audit compilation TASK 3 SOURCE OR PRODUCTION METER VOLUMETRIC ACCURACY TESTING Task 3: Source/Production meter volumetric accuracy testing: Design and conduct a volumetric source meter accuracy test Establish a field‐validated water‐supplied baseline for the water audit Document test procedures for future meter accuracy investigation ● Site visit and test design ● Volumetric accuracy test with comparative meter or reservoir reference volume ● Data chain assessment (“loop audit” or SCADA calibration), if relevant ● Test results analysis and documentation ● Test procedure documentation $9,270 Task 3: Volumetric production meter accuracy test, per meter. TASK 4 BILLING DATA CHAIN ASSESSMENT Task 4: Detailed custom billing data chain assessment: Assess billing data for potential errors and/or inconsistencies ● Mapping of meter read collection and billing process ● Comparison of raw data across billing data management platforms (read collection system, billing data system, and reporting system) ● Identification of data transmission errors ‐ misreads, zero reads, dropped reads, duplicated reads, etc. Varies Task 4: Billing data chain assessment. 19 TASK 5 COMPONENT ANALYSIS Task 5a: Component analysis of real losses – Gap Analysis: Assess repair data in preparation for a real loss component analysis. • Collection of leakage repair documentation • Evaluation and summarization of repair data • Identification of gaps in repair documentation • Memo documenting recommendations for repair data improvements and documentation Task 5b: Component analysis of real losses: Establish the distribution system’s unique leakage profile Determine cost‐effective leakage management strategies for the short‐, medium‐, and long‐term • Collection of leakage repair documentation • Evaluation of repair process documentation • Determination of unique leakage profile (background, unreported, and reported leakage) • Analysis of cost‐effective intervention against leakage • Leak management program design Task 5c: Component analysis of apparent losses: Assess customer meter inaccuracy Value apparent losses Design an apparent loss management strategy 5c-1: Small Meter Test Strategy & Sample - $7,680 • Facilitate discussions to understand agency goals for customer meter testing • Develop test strategy based on agency goals 5c-2: Small Meter Test Sample - $3,280 • Develop meter sample based on pre-defined test strategy (if test strategy has not been defined, consider signing up for Small Meter Test Strategy & Sample) 5c-3: Small Meter Test Data Analysis - $7,920 • Analyze small customer meter test data • Note: Agency must complete small customer meter testing to execute this task. See shared services contract for customer meter testing options and costs if necessary. 5c-4: Large Meter Test Design - $3,960 • Develop large meter test design including testing schedule • Test design employs least cost of ownership model to prioritize large meters for testing 5c-5: Large Meter Test Data Analysis - $6,080 typical cost (discuss pricing with E Source. Pricing based on test data and billing data availability) • Analyze large customer meter test data • Note: Agency must complete large customer meter testing to execute this task. See shared services contract for customer meter testing options and costs if necessary. $5,560 Task 5a: Component analysis of real losses – Gap Analysis $16,180 Task 5b: Component analysis of real losses $8,560 $3,660 $8,840 $4,420 Varies Task 5c: Component analysis of apparent losses (meter testing budget through Shared Service Contract is also required if testing cannot be conducted in‐house) 5c-1: Small Meter Test Strategy & Sample 5c-2: Small Meter Test Sample 5c-3: Small Meter Test Data Analysis 5c-4: Large Meter Test Design 5c-5: Large Meter Test Data Analysis $6,780, typical (discuss pricing with E Source. Pricing based on test data and billing data availability) 20 TASK 6 SWRCB WATER LOSS STANDARD ASSISTANCE Task 6a: Information Order Response Assistance: Document response to Information Orders from the SWRCB related to compliance with the Water Loss Standard. ● Compilation of results and findings from related activities to date ● Memo documenting response to Information Order Task 6b: Off‐Ramp Assistance: Document compliance with Off‐Ramp criteria ● Collection of relevant data and supporting documents ● Document activities and/or data proving compliance with each Off‐Ramp criterion ● Compilation of Off‐Ramp request Task 6c: Economic Model Custom Input Evaluation: Calculate custom inputs and compile supporting documents for the SWRCB’s economic model. ● Request and compilation of relevant data (e.g. leak repair documentation, leak detection results, financial data, infrastructure data, etc.) ● Review of data collected to identify what custom inputs may be calculated ● Calculation of customized value for inputs where the minimum data threshold is met ● Compilation of supporting documents for input adjustment application ● Assistance with creating memo to the SWRCB, requesting custom input adjustment Task 6d: Questionnaire Response Assistance Document responses to SWRCB required reporting (Data Quality, Pressure Management, Asset Management, and/or Leak Registry) ● Request and compilation of relevant data ● Review of data collected ● Calculation and/or narration of response to each question ● Review of responses with agency staff ● Assistance with submitting response to questionnaire $ Varies, Discuss with E Source Task 6a: Information Order Response Assistance $6,060 Task 6b: Off‐Ramp Assistance $ Varies, Discuss with E Source Task 6c: Economic Model Custom Input Evaluation $ Varies, Discuss with E Source Task 6d: Questionnaire Response 21 TASK 7 WATER LOSS TEAM DEVELOPMENT Task 7a: Team Development Process Maps: Establish a water loss team roster Document processes related to water audit data collection ● Interviews with staff ● Identification of key water loss team members ● Document and map water loss data collection processes Task 7b: Educational Workshops: In‐person educational workshop with agency staff to provide water loss background and connect day‐to‐day tasks with water loss calculation. Workshops will offer an opportunity to elicit feedback from staff and prepare them for upcoming projects and data requests. ● Development of slides and materials for meeting ● Travel to agency ● Facilitation of educational workshop $7,560 Task 7a: Team Development Process Maps $5,680 Task 7b: Educational Workshops TASK 8 LEAK SIMULATION MODEL Task 8: Leak Simulation Model: Quantify the impacts of leak detection technique accuracy on achievable overall system loss rates and projected workload Evaluate the cost‐benefit of leakage control strategies under varying assumptions of fundamental leakage characteristics. ● Collection of leakage repair documentation ● Assessment of unique leakage profile ● Consider sub‐system level infrastructure characteristics and their impact on loss rates, including pipe‐ segment level data for likelihood and consequence of failure, if available. ● Provide an intuitive visualization of the water distribution system that shows how leakage control strategies are implemented and their resulting impact on individual leaks and system‐level leakage rates. ● Estimate future system‐wide loss rates under varying assumptions for leakage characteristics and loss recovery efforts that can be compared with state regulatory targets or other performance goals. ● Project the workload required to implement and maintain various leakage management strategies, including manual acoustic leak detection, automated acoustic noise loggers, satellite leak detection. $ Varies, Discuss with E Source Task 8: Leak Simulation Model 22 TASK 9 WATER LOSS PILOT PROGRAM MANAGEMENT AND EVALUATION Task 9: Water Loss Pilot Program Management and Evaluation: Develop a pilot plan to assess the effectiveness of leakage management technologies/strategies ● Collection of previous water audits and repair data ● Development of pilot plan detailing the leakage management techniques to be piloted, scale of implementation, and level of effort required from participating agency staff ● Work with participating agency to vet and manage technology providers ● Tracking and collection of data during pilot implementation ● Recommend metrics to evaluate the success of the pilot program and identify data collection necessary to calculate metrics ● Report on the performance of each pilot technology and recommend next steps necessary for full system implementation $ Varies, Discuss with E Source Task 9: Water Loss Pilot Program Management and Evaluation TASK 10 WATER LOSS STANDARD COMPLIANCE PLAN Task 10: Water Loss Standard Compliance Plan: Develop a Water Loss Compliance Plan to assist with meeting the Water Loss Standard ● Review the participating agency’s Water Loss Standard modeled by the SWRCB ● Evaluate data uncertainty and recommendations for data improvement ● If available, consider results of leak simulation model, real loss component analysis, and/or pilot results ● Develop a timeline, cost estimate, and key milestones associated with the Water Loss Compliance Plan, based on existing data sources $ Varies, Discuss with E Source Task 10: Water Loss Standard Compliance Plan TASK 11 MISCELLANEOUS WATER LOSS TECHNICAL ASSISTANCE Task 11: Miscellaneous Water Loss Technical Assistance For tasks not covered in Tasks 1-10, provide agency technical assistance for water loss analysis and/or compliance with State regulations. ● Assess level of support and associated costs through consultation with E Source ● E Source to provide cost proposal before proceeding ● Cost proposal shall be developed in accordance with hourly rates in Technical Assistance Program Contract $ Varies, Discuss with E Source Task 11: Miscellaneous Water Loss Technical Assistance Addendum B January 1, 2026 through June 30, 2027 Water Loss Control Technical Assistance Tasks Participating Agency: _________________ Cost Sheet for Selected Water Loss Control Services with E Source Tasks: (All tasks are performed by E Source) Task Cost Selected Service Met Funding Request (up to 50% of task cost) Task 1 – Project Administration and Progress Reporting (Required) $2,200 $2,200 Task 2 – Water Audit Compilation $11,240 $ Task 3 – Source or Production Meter Volumetric Accuracy Testing $9,270 $ Task 4 – Custom Detailed Billing Data Chain Assessment Varies Task 5 – Component Analysis Task 5a: Component Analysis of Real Losses – Gap Analysis Task 5b: Component Analysis of Real Losses Task 5c: Component Analysis of Apparent Losses $5,560 $16,180 Varies $ $ $ Task 6 – SWRCB Water Loss Standard Assistance Task 6a: Information Order Response Assistance Task 6b: Off-Ramp Assistance Task 6c: Economic Model Custom Input Evaluation Task 6d: Questionnaire Response Assistance Varies $6,060 Varies Varies $ $ $ $ Task 7 – Water Loss Team Development Task 7a: Team Development Process Maps Task 7b: Educational Workshops $7,560 $5,680 $ $ Task 8 – Leak Simulation Model Varies $ Task 9 – Water Loss Pilot Plan and Evaluation Varies $ Task 10 – Water Loss Compliance Plan Development Task 10a: Water Loss Compliance Plan Development Task 10b: Water Loss Compliance Plan Updated Varies $ $ Task 11 – Miscellaneous Water Loss Technical Assistance Varies $ Rollover Funds to be Applied: $ New Amount to be Invoiced (Task Totals Less Rollover Funds) Total: $ This Cost Sheet may be updated upon mutual consent of the parties as indicated in writing. By: By: Date: Date: Harvey De La Torre, General Manager Title: Municipal Water District of Orange County Agency: Agenda Item J AGENDA STAFF REPORT DATE:April 27, 2026 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Awarding and Authorizing a Professional Service Agreement with Environmental Compliance Inspection Services for Fats, Oils and Grease Inspection Services ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7761: 1. Approving and awarding a professional services agreement with Environmental Compliance Inspection Services in the amount of $52,575 to provide Fats, Oils and Grease Inspection Services for the original three (3) years in a not-to-exceed amount of $52,575; and, 2. Authorizing and directing the City Manager to execute the Agreement; and, 3. Authorizing the City Manager the option to extend the Agreement up to two (2) additional one-year terms after its original term for a not-to-exceed amount of $17,525 per additional term. BACKGROUND AND ANALYSIS: The City of Seal Beach performs sewer collection for residents, which is transported to the Orange County Sanitation District (OCSD) for treatment. All sewer agencies (including Seal Beach), are required to maintain a permit (Order No. R8-2002-0014, General Waste Discharge Requirements - WDR) with the state. In April 2002, the Regional Water Quality Control Board (RWQCB), Santa Ana Region, issued the WDR permit for all Sewage Collection Agencies within the Santa Ana Region. This order places requirements on all wastewater agencies with the overall goal of protecting public health and safety. The highest priority of the permitting agency is to prevent sewage from leaking out of the sewer systems in what is called Sanitary Sewer System Overflows (SSO). Sewer blockages account for over half of the sewer spills reported in Orange County. The largest contributor to the cause of blockages and SSOs is fats, oils, and grease (FOG) getting into sewer lines. Page 2 2 2 7 2 Having an active program to limit FOG in the City’s sewer lines is not only good practice, but a requirement of the City’s WDR permit. In addition to complying with the requirements of the permit, removing grease from the sewer system keeps sewer rates as low as possible both for the City as well as OCSD. When FOG enters the sewer system it increases maintenance cost of City sewer mains and sewer pump stations, and increases the treatment cost for OCSD. The City implemented its FOG Control Program to reduce the discharge of FOG into the sewer system. The City Council adopted a FOG Control Ordinance on September 13, 2004 to establish legal authority for the City to control FOG discharge. The FOG Control Program was then created to implement and enforce the Ordinance. Staff developed a FOG manual and permits to comply with the Ordinance. Restaurants are the largest contributors of FOG to the sewer system, so the City’s FOG program is tailored to them. All FOG producing restaurants in the City are required to install devices that prevent FOG from entering the sewer system. There are currently, 113 food facilities or restaurants in the City, 70 of which are deemed “Food Service Establishments” (FSEs)” per the Municipal Code. FSEs are subject to additional strict guidelines regarding maintenance of their FOG interceptors. The failure of an FSE to properly maintain its interceptors can lead to blockages, overflows, and spills that pose a threat to the City’s sewer facilities and the public health and welfare. A key component to the City’s FOG Program therefore is the regular inspection of FSEs and their FOG interceptors for compliance with the City’s requirements. Since 2006, the City has contracted with Environmental Compliance Inspection Services (ECIS) to provide FOG inspection services. As ECIS is very familiar with the City’s FSEs, the City’s FOG ordinance, administrative citation process, and provides prices that are very competitive for the market, staff recommends entering into a new professional services agreement to continue providing FOG inspection services. The services would generally include inspections of each restaurant facility as scheduled throughout the year. These inspections would include documentation of the current conditions at the site; follow-up inspections, if required; review of educational information with the facility staff; and issuance of citations or notices of violations, if necessary. The contractor term is for three (3) years and the City will have the option to extend the contract for up to two (2) additional one-year terms. ECIS’s agreement is in the not-to-exceed amount of $52,575 for the three-year original term. Each one-year term extension is in the amount of $17,525. 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 Page 3 2 2 7 2 seen with certainty that the approval of an agreement will not have a significant effect on the environment. LEGAL ANALYSIS: The City Attorney has reviewed and approved the Agreement and Resolution as to form. FINANCIAL IMPACT: Services performed by ECIS under this Agreement will be expensed from the Sewer Operations fund and be reimbursable by permittees through the City’s adopted Cost Recovery Schedule. There are no impacts to the City’s General Fund. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7761: 1. Approving and awarding a professional services agreement with Environmental Compliance Inspection Services in the amount of $52,575 to provide Fats, Oils and Grease Inspection Services for the original three (3) years in a not-to-exceed amount of $52,575; and, 2. Authorizing and directing the City Manager to execute the Agreement; and, 3. Authorizing the City Manager the option to extend the Agreement up to two (2) additional one-year terms after its original term for a not-to-exceed amount of $17,525 per additional term. 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 7761 B. FOG Agreement with Environmental Compliance Inspection Services RESOLUTION 7761 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES TO PROVIDE FATS, OILS AND GREASE INSPECTION SERVICES WHEREAS, the City is required to implement a Fat, Oils and Grease Control Program to comply with General Waste Discharge Requirements No. R8-2002-0014; and, WHEREAS, pursuant to the Seal Beach Charter, Seal Beach Municipal Code Chapter 3.20 establishes a central purchasing system including procedures for competitive bidding and exemptions from competitive bidding, and Seal Beach Municipal Code Section 3.20.025(C) provides an exemption from completive bidding requirements for purchases of professional services; and, WHEREAS, the City has determined that Environmental Compliance Inspection Services is qualified to provide professional services for Fats, Oils and Grease Inspection Services. NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine and order as follows: Section 1. The City Council hereby awards a Professional Services Agreement (Agreement) to Environmental Compliance Inspection Services in a not- to-exceed amount of $52,575 for a three (3) year term. Section 2. The City Council hereby authorizes and directs the City Manager to execute the Agreement on behalf of the City. Section 3. The City Council hereby authorizes the City Manager to extend the Agreement with Environmental Compliance Inspection Services for up to two (2) additional one-year terms, at his discretion, in a not-to-exceed amount of $17,525 for each one-year term extension. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 27th day of April 2026 by the following vote: 1 1 0 7 0 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 7761 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 27th day of April 2026. Gloria D. Harper, City Clerk PROFESSIONAL SERVICES AGREEMENT for Fats, Oils and Grease Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 & Environmental Compliance Inspection Services 33322 Marina Vista Drive Dana Point, CA 92629 949-481-8826 This Professional Service Agreement (“the Agreement”) is made as of April 27, 2026 (the “Effective Date”), by and between Jon Kinley dba Environmental Compliance Inspection Services (“Consultant”), a sole proprietorship, and the City of Seal Beach (“City”), a California charter city, (collectively, “the Parties”). 2 of 24 RECITALS A. City desires Fats, Oils and Grease Inspections services. B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City issued a solicitation on December 16, 2025, for the Fats, Oils and Grease Inspection Services and as further defined and described with specificity in Section 1.0 of this Agreement. Consultant submitted a proposal dated January 6, 2026 to perform the professional services defined and described in Section 1.0 of this Agreement. C. Consultant represents that the principal members of its firm are licensed Fats, Oils and Grease Inspectors and are fully qualified to perform the professional services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees. D. City desires to retain Consultant as an independent contractor and Consultant desires to serve City to perform those professional services in accordance with the terms and conditions of this Agreement. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Consultant’s Services. In compliance with all terms, conditions and provisions of this Agreement, Consultant shall provide those professional services (collectively “Services”) set forth in the Request for Proposals or other solicitation (“RFP”), attached hereto as Exhibit A and incorporated herein by this reference, and Consultant’s accepted Proposal (“Proposal”) attached hereto as Exhibit B and incorporated herein by this reference, all to City’s reasonable satisfaction. 1.2. Agreement Documents; Order of Precedence. 1.2.1. The Agreement Documents include this Agreement itself, and all of the following: (i) the Proposal (Exhibit A); and (ii) Terms for Compliance with California Labor Law Requirements (Exhibit B), all of which are incorporated herein by this reference. 1.2.2. In the event of any inconsistency or conflict between this Agreement and any Exhibit or incorporated documents, the order of precedence shall be as follows: (i) this Agreement; and then (ii) Exhibit B (Terms for 3 of 24 Compliance with California Labor Law Requirements); and then (iii) Exhibit B (the Proposal), shall control. In the event there is any conflict between the Agreement, on the one hand, and Exhibits A, B, etc. on the other hand, the Agreement shall control. 1.3. Standard of Care. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. City relies upon the skill of Consultant, and Consultant’s staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant’s staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. The acceptance of Consultant’s work by the City shall not operate as a release of Consultant from such standard of care and workmanship. 1.4. Familiarity with Services. By executing this Agreement, Consultant represents that, to the extent required by the standard of practice, Consultant (i) has investigated and considered the scope and level of services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) understands the facilities, difficulties and restrictions attending performance of the Services under this Agreement. Consultant represents that Consultant, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of services, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from City’s Representative. 1.5. Compliance with Laws. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law. 1.6. Additional Services. Consultant will not be compensated for any work performed not specified in the Scope of Services unless City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term 2.1. Original Term. The term of this Agreement shall commence as of the Effective Date and shall continue for a term of Three (3) (“Original Term”) and shall expire at midnight on June 30, 2029, unless sooner terminated or extended as provided by this Agreement. 4 of 24 2.2. 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 additional terms of one year each (“extension”), by providing written notice to Consultant 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, 2029 through and including June 30, 2030, unless sooner terminated or extended pursuant to this Agreement. If timely elected by City, the second extension shall be from July 1, 2030 through and including June 30, 2031, 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 Consultant’s authorized representatives. 3.0 Consultant’s Compensation 3.1. Original Term. In consideration of Consultant’s performance of the Services described in Section 1.0, City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for the Services but in no event will City pay more than the total not-to-exceed amount of $47,370 (Forty Seven Thousand Three Hundred and Seventy Dollars) 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 schedule set forth in Exhibit A and shall not exceed the cumulative amount established by the City Council at the time of award for the Original Term. 3.2. Extensions. In the event that City elects to extend the Original Term in accordance with Subsection 2.2 of this Agreement, and in consideration of Consultant’s performance of the Services set forth in Section 1.0, City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for Services but in no event will City pay more than the total not-to-exceed amount of $15,790 (Fifteen Thousand even Hundred and Ninety Dollars) for each extension. Payment for any additional work authorized by City for each extension pursuant to Subsection 1.6 will be compensated in accordance with the fee schedule set forth in Exhibit A, and shall not exceed the cumulative amount established by the City Council at the time of award for each extension. 4.0 Method of Payment Consultant shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant’s invoice. City will not withhold any applicable federal or state payroll 5 of 24 and other required taxes, or other authorized deductions from payments made to Consultant. 5.0 Termination 5.1. Termination by City. 5.1.1. This Agreement may be terminated by City, without cause, upon giving Consultant written notice thereof not less than 30 days prior to the date of termination. 5.1.2. This Agreement may be terminated by City upon 10 days’ notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 5.2. Termination by Consultant. This Agreement may be terminated by Consultant based on reasonable cause, by serving written notice of termination to City, provided that Consultant has first served City with a written notice of default and demand to cure, and City has failed to cure such default within 30 days of receipt of such notice. 5.3. Obligations Upon Termination. Unless otherwise specified in the notice of termination, Consultant shall cease all work under this Agreement immediately upon the effective termination date. Upon termination, City shall be immediately given title to and possession of all Work Product (as defined in Subsection 11.1 of this Agreement) and all other documents, writings, and/or deliverables produced or developed pursuant to this Agreement. Provided that Consultant is not then in breach, City shall pay Consultant all undisputed amounts for any portion of the Services satisfactorily completed prior to termination, based on the reasonable value of the Services rendered. If said termination occurs prior to completion of any specific task for which a payment request has not been received, the charge for Services performed shall be the reasonable value of such Services, based on an amount agreed to by City and Consultant. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. In no event shall Consultant be entitled to payment for unperformed services or services within the Scope of Services performed prior to the effective date of this Agreement; and Consultant shall not be entitled to receive more than the amount that would be paid to Consultant for the full performance of the Services up to date of termination. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation or damages. 6.0 Party Representatives 6.1. The City Manager is City’s representative for purposes of this Agreement. 6 of 24 6.2. Jon Kinley is the Consultant's primary representative for purposes of this Agreement. Jon Kinley shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211-8th Street Seal Beach, California 90740 Attn: City Manager To Consultant: Environmental Compliance Inspection Services (ECIS) 33322 Marina Vista Drive Dana Point, CA 92629 Attn: Jon Kinley 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Permits and Licenses Consultant and all of Consultant’s employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, registrations, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code. 9.0 Independent Contractor 9.1. Consultant is an independent contractor and not an employee of City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant’s employees or other personnel under Consultant’s supervision. Consultant will determine the means, methods, and details by which Consultant’s employees and other personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work 7 of 24 performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 9.2. All of Consultant’s employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant and Consultant’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Consultant’s personnel. Consultant’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant’s personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant’s choice, except (i) as otherwise required for the performance of Services on City real property, facilities, vehicles or equipment; (ii) as otherwise may from time to time be necessary in order for Consultant’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant’s performance of any Services under this Agreement, or (iii) as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant’s personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. 9.3. In addition to all other provisions of this Agreement, Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with their performance of any Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, servants, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 9.4. Consultant shall defend, indemnify and hold harmless City, its elected and appointed officials, officers, employees, agents, servants, volunteers, 8 of 24 and those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant’s covenants and obligations under this Section shall survive the expiration or termination of this Agreement. 10.0 PERS Compliance and Indemnification 10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees’ Retirement Law (“PERL”), commencing at Government Code § 20000, as amended by the Public Employees’ Pension Reform Act of 2013 (“PEPRA”), and the regulations of PERS, as amended from time to time. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations. 10.2. Indemnification. To the maximum extent permitted by law, Consultant shall defend, indemnify and hold harmless City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s violation of any provisions of this Section 10.0. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant’s covenants and obligations under this Section shall survive the expiration or termination of this Agreement. 11.0 Ownership of Work Product 11.1. Unless otherwise agreed upon in writing, all field notes and other notes, draft and final reports, drawings, specifications, data, surveys, studies, 9 of 24 plans, maps, models, photographs, images, ideas, concepts, designs including but not limited to website designs, source code, object code, computer files, electronic data and/or electronic files, other media of any kind whatsoever, and any other documents and written material of any kind, created, developed, prepared or used by Consultant in the performance of this Agreement (collectively “Work Product”) shall be considered “works made for hire,” for the benefit of City. Upon completion of, or in the event of termination or expiration of this Agreement, all Work Product and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City upon final payment being made in accordance with Subsection 5.3, and may be used, reused or otherwise disposed of by City for any purpose without Consultant’s consent; provided that any use, reuse or modification of the Work Product by City for any purpose other than the purpose for which the Work Product was prepared or provided under this Agreement shall be at City’s own risk. Consultant shall not obtain or attempt to obtain copyright protection as to any of the Work Product. 11.2. Consultant hereby assigns to City all ownership and any and all intellectual property rights to the Work Product that are not otherwise vested in City pursuant to Subsection 11.1. 11.3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Work Product produced under this Agreement, and that City has full legal title to and the right to reproduce the Work Product for any purpose. Consultant shall defend, indemnify and hold City, its elected and appointed officials, officers, employees, agents, servants, attorneys, volunteers, and those City agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City’s use of any of the Work Product violates federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Work Product produced under this Agreement. In the event the use of any of the Work Product or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (i) secure for City the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (ii) modify the Work Product and other deliverables so that they become non-infringing while remaining in compliance with the requirements 10 of 24 of this Agreement. Consultant’s covenants and obligations under this Section shall survive the expiration or termination of this Agreement. 11.4. Upon expiration or termination of the Agreement, Consultant shall deliver to City all Work Product and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Consultant prepares a document on a computer, Consultant shall provide City with said document both in a printed format and in an electronic format that is acceptable to City. 12.0 Confidentiality 12.1. Consultant may have access to financial, accounting, statistical, and personnel data of individuals and City employees, trade secrets, and/or other information that may be protected under other applicable laws relating to privacy, confidentiality and/or privilege. Consultant covenants that all Work Product (as defined in Subsection 11.1) and/or any other data, documents, writings, discussion or other information created, developed, received or provided by Consultant for performance of this Agreement are confidential unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such Work Product, data, documents, writings, discussion or other information to persons or entities other than City without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, servants, and/or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within City. Response to a subpoena or court order shall not be considered “voluntary,” provided Consultant gives City timely notice of such court order or subpoena. 12.1. Consultant shall promptly notify City should Consultant, its officers, employees, agents, servants, and/or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City’s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response. 11 of 24 12.2. Consultant’s covenants and obligations under this Section shall survive the termination or expiration of this Agreement. 13.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of City, and any subcontracting shall be at Consultant’s sole cost and expense. Consultant is fully responsible to City for the performance of any and all subcontractors, and Consultant shall monitor and review all work and other services performed by any subcontractor to ensure that all Services performed by such subcontractor comply with the requirements and provisions of this Agreement. 14.0 Prohibition Against Assignment, Transfer or De legation Consultant shall not assign or transfer this Agreement or any of its rights, obligations or interest in this Agreement, or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent, which may be withheld for any reason. Any purported assignment, transfer or delegation without City’s consent shall be void and without effect, and shall entitle City to terminate this Agreement. 15.0 Inspection and Audit of Records Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, payroll, invoices, time cards, cost control sheets, costs, expenses, receipts and other records and Work Product with respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. Upon 24 hours’ notice by City, during regular business hours Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City’s rights under this Section 15.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 16.0 Safety Requirements 12 of 24 All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable state and federal laws. City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services. Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to City any hazardous condition noted by Consultant. 17.0 Insurance 17.1. General Requirements. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to City that Consultant has secured all insurance required under this Section. 17.2. Minimum Scope and Limits of Insurance. Consultant shall, at its sole cost and expense, procure, maintain and keep in full force and effect for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement, as follows: 17.2.1. Commercial General Liability Insurance: Consultant shall maintain limits no less than $2,000,000 per occurrence for bodily injury, death, personal injury and property damage; and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit: Coverage shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents, servants, and other persons necessary or incidental to its operation are insureds; 17.2.2. Automobile Liability Insurance: Consultant shall maintain limits no less than $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto).. 17.2.3. Workers’ Compensation Insurance in the amount required by law; and Employer’s Liability Insurance: with limits of at least $1,000,000 per accident and in the aggregate for bodily injury or disease; 17.2.4. Professional Liability (or Errors and Omissions) Liability Insurance: Consultant shall maintain professional liability (or errors and omissions liability) insurance that covers the Services to be performed in 13 of 24 connection with this Agreement, with minimum limits of $1,000,000 per claim/aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement. If a “claims made” policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years. 17.3. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to City. 17.4. Additional Insureds. 17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work. 17.4.2. For automobile liability insurance, City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible. 17.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies. 17.5. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by City to state: (i) coverage shall not be suspended, voided, reduced or canceled except after 30 days (or ten days for nonpayment) prior written notice by certified mail, return receipt requested, has been given to City; (ii) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials; 17.6. Primary and Non-Contributing. Coverage shall be primary insurance as respects City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by 14 of 24 City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials, shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; 17.7. Separation of Insureds. Each insurance policy shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials. 17.8. Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions shall be declared to and approved by City. Consultant guarantees that, at the option of City, either: (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials; or (ii) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 17.9. Waiver of Subrogation. Each insurance policy required by this Agreement shall expressly waive the insurer’s right of subrogation against City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials. Consultant hereby waives its own right of recovery and all rights of subrogation against City; and shall require similar express written waivers from any subcontractor. 17.10. Enforcement of Agreement Provisions (Non-Estoppel). Consultant acknowledges and agrees that any actual or alleged failure on City’s part to inform Consultant of non-compliance with any insurance requirement does not impose additional obligations on City, nor does it waive any rights hereunder. 17.11. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant. 17.12. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages 15 of 24 required under this Section on forms satisfactory to and approved by City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City if requested. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City’s Risk Manager. All certificates and endorsements shall be received and approved by City before work commences. City also reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages. 17.13. Insurance Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 17.14. Broader Coverage/Higher Limits. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Consultant under this Agreement. Consultant may also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. If Consultant maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. 17.15. Subcontractor Insurance Requirements/Pass-Through Clause. Consultant shall require each of its subconsultants and/or subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section Consultant agrees to monitor and review all such coverages and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. Consultant agrees to submit all agreements with consultants, subcontractors, and others engaged in the Services upon City’s request. 17.16. Timely Notice of Claims. Consultant shall give City prompt and timely notice of demands or claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required insurance policies. 16 of 24 18.0 Indemnification, Hold Harmless, and Duty to De fend 18.1. Indemnities. 18.1.1. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify City, its elected and appointed officials, officers, attorneys, employees, agents, servants, volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees” in this Section 18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens or losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Claims”), in law or equity, whether actual, alleged or threatened, to property or persons, including but not limited to, bodily injury, death, personal injury and property damage, in any manner arising out of, claimed to arise out of, pertaining to, or relating to the breach of this Agreement and/or any acts, errors, omissions, negligence or willful misconduct of Consultant, its officers, agents, servants, employees, contractors, subcontractors, subconsultants, materialmen, or suppliers, or their officers, agents, servants or employees (or any entity or individual for whom Consultant shall bear legal liability) in the performance of the Services and/or this Agreement, except to the extent the Claims arise from the sole negligence or willful misconduct of the Indemnitees as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 18.1.2. Consultant shall defend, indemnify and hold harmless City in accordance with Sections 9.0 and 10.0. 18.2. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 from each and every subcontractor, subconsultant, or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity agreements, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, arising out of, are claimed to arise out of, pertaining to, or relating to, the breach of this Agreement, any acts, errors, omissions, negligence or willful misconduct of Consultant’s subcontractor, subconsultant or other person or entity, and its officers, agents, servants, employees, materialmen, contractors, 17 of 24 subcontractors and/or subconsultants, or their officers, agents, servants or employees (or any entity or individual for whom Consultant’s subcontractor, subconsultant and/or such other person or individual shall bear legal liability) in the performance of the Services or this Agreement, except to the extent the Claims arise from the sole negligence or willful misconduct of the Indemnitees as determined by final arbitration or court decision or by the agreement of the Parties. 18.3. Workers’ Compensation Acts Not Limiting. Consultant’s indemnification obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials. 18.4. Indemnification Not Limited By Insurance. Procurement of insurance by Consultant is not and shall not be construed as a limitation of Consultant’s liability, or as a waiver of or limitation on full performance of Consultant’s duties of defense and indemnification, under this Section 18.0 or under any other provision of this Agreement. Consultant’s defense and indemnification obligations under this Agreement shall apply regardless of whether or not any insurance policies are determined to be applicable to the Claims or Liabilities asserted against City or any of the other Indemnitees as defined in this Section 18.0, and Consultant’s defense and indemnification obligations under this Agreement shall not be restricted to insurance proceeds, if any, received by Consultant, City, or any of the other Indemnitees. 18.5. Survival of Terms. Consultant’s covenants and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement. 19.0 Non-Discrimination and Equal Employment Opportunity Consultant affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Consultant covenants that it shall not discriminate, harass or retaliate against any of its employees, applicants for employment, contractors, subcontractors or subconsultants because or on account of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, military or veteran status, or any other basis prohibited by law. Consultant further covenants that in the performance of this Agreement, Consultant shall not discriminate, harass or retaliate against City, its elected or appointed officials, officers, employees, agents, servants, volunteers, those City agents serving as independent contractors in the role of City officials, 18 of 24 consultants, contractors, subcontractors, or subconsultants, on any basis prohibited by law. 20.0 Labor Certification By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 21.0 Prevailing Wage and Payroll Records To the extent that this Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C, attached hereto and incorporated by reference herein. 22.0 Entire Agreement This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties. 23.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 24.0 Government Code Claim Compliance In addition to any and all requirements of this Agreement pertaining to notices of and requests for compensation or payment for additional services, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any lawsuit against City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to additional services, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a lawsuit against City. 19 of 24 25.0 Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Orange County, California, shall be the venue for any action or proceeding that may be brought by reason of, that arises out of, and/or relates to any dispute under this Agreement (whether contract, tort or both). 26.0 Non-Exclusive Agreement Consultant acknowledges that City may enter into agreements with other consultants for services encompassed by or similar to the services that are subject to this Agreement or may have its own employees perform services encompassed by or similar to those services contemplated by this Agreement. 27.0 No Third Party Beneficiaries This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement. 28.0 Waiver No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (i) effective unless it is in writing and signed by the Party making the waiver, (ii) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (iii) deemed to constitute a continuing waiver unless the writing expressly so states. 29.0 Prohibited Interests; Conflict of Interest 29.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any 20 of 24 employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 29.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 29.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non- contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Section. 30.0 Final Payment Acceptance Constitutes Release The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant’s work or services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors, agents, and servants for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors, agents and servants. 31.0 Corrections In addition to the indemnification obligations set forth above, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City’s review of Consultant’s report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, 21 of 24 and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction. 32.0 Non-Appropriation of Funds Payments to be made to Consultant by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant’s Services beyond the current fiscal year, this Agreement shall cover payment for Consultant’s Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. 33.0 Mutual Cooperation 33.1. City’s Cooperation. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for Consultant’s proper performance of the Services required under this Agreement. 33.2. Consultant’s Cooperation. Consultant agrees to work closely and cooperate fully with City’s representative and any other agencies that may have jurisdiction or interest in the work to be performed. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires. 34.0 Time of the Essence Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement. 35.0 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. 36.0 Titles and Headings 22 of 24 The titles and headings used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it. 37.0 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. 38.0 Corporate Authority The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement. [signatures on following page] EXHIBIT A PROPOSAL (Consultant’s Proposal for Fats, Oils and Grease Inspection Services, dated January 6, 2026) ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES SOURCE CONTROL SOLUTIONS 33322 MARINA VISTA DR.• DANA POINT CA, 92629 • PHONE: (949) 481-8826• EMAIL:jkinley@ecisglobal.com Date: 1-6-26 To: Mr. David Spitz / Associate Engineer / City of Seal Beach From: Jon Kinley / President / ECIS Re: FOG Program Proposal for 2026-28 Dear Mr. Spitz: Please see below a proposal for ECIS to implement a FOG Program consisting of an annual FSE Grease Best Management Practices (GBMP) Inspections Program, 3x Annual Grease Control Device Inspections (GCDI), and as needed FOG Plan Reviews for the City of Seal Beach “City” for 2026-28. This proposal reflects the current FOG Program as it is currently implemented.  GBMP’S: GREASE BEST MANAGEMENT PRACTICES INSPECTIONS INSPECTION FREQUENCY: ECIS proposes to perform annual on-site, Grease Best Management Practices (GBMP’s) inspections at all FSE’s listed currently, or in the future, within the City Source Control Program database, on an annual basis. ECIS proposes to inspect each FSE a total of two times, the initial inspection and then the return inspection. If compliance is not obtained by the FSE after this second inspection, ECIS will notify City of all such FSE’s, along with all relevant information including the reason(s) for the issuance of the NON. INSPECTION S.O.P. : ECIS proposes to perform these inspections in accordance with all criteria as outlined in the existing City GREASE CONTROL BEST MANAGEMENT PRACTICES INSPECTION REPORT. ECIS proposes to inspect for the following at these inspections: (1) Removal of food grinder (2) Inspect Grease Collection Maintenance logs and Employee Training logs (3) Inspect for installation and maintenance of all Drain Screens (4) Inspect to ensure Food Waste BMP’s are followed (5) Inspect to ensure Dry Wiping BMP is followed (6) Inspect for Emergency Spill Materials or Spill Response Kit (7) Inspect to ensure Grease BMP poster(s) are located in approved areas. NOTIFICATION PROCEDURE: ECIS proposes to inform and give written notification of all instances of Non-Compliance to the affected FSE, and how to obtain compliance, as described within the GREASE CONTROL BEST MANAGEMENT PRACTICES INSPECTION REPORT. ECIS proposes to inform City of all FSE’s found to be in Non-Compliance, with all enforcement procedures beyond the established notification of non-compliance procedure(s) by ECIS, to be City responsibility. ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES SOURCE CONTROL SOLUTIONS 33322 MARINA VISTA DR.• DANA POINT CA, 92629 • PHONE: (949) 481-8826• EMAIL:jkinley@ecisglobal.com COMPLIANCE OBTAINMENT: All FSE’s in non-compliance will be given 30 days to obtain compliance for any/all instance(s) of non-compliance found deemed to be structural such as the removal of garbage grinders or the installation of drain screens. All FSE’s found to be non compliant for non-structural issues such as lack of employee training or lack of service receipts shall be given 14 days to obtain compliance. GBMP FEE: ECIS proposes to charge City a fee of $ 80.00 per FSE inspected. All return inspections due to non-compliance will carry a fee of $80.00 per FSE, per visit. ECIS proposes to lock in this fee for the life of the current contract. ADDITIONAL SERVICES FEE: ECIS proposes to charge City a fee of seventy Five (75) dollars per hour for additional services such as council/committee meetings etc.. ECIS proposes to lock in this fee for the life of the current contract. EDUCATIONAL MATERIALS / DOCUMENTATION: ECIS proposes to distribute all applicable and relevant material related to the program to all known and/or affected FSE’s at the time of the inspections. DATABASE: ECIS proposes to include all information relevant to the program on the same Excel database as the Grease Control Device Inspections (GCDI). This information will be located within a separate worksheet labeled “GBMP’s”. FOG PLAN REVIEW SERVICES: ECIS proposes to also perform as needed FOG Plan Review services as is currently included in the existing agreement with no changes made. ECIS proposes to charge the usual $175 per plan. ECIS estimates that there may be 9 plan reviews performed over the next three years of the new agreement. This may add an additional $1,575 to the program cost. ECIS proposes to supply electronically, an updated copy of the Excel database to City within two weeks of the end date of each inspection run. GBMP PROGRAM COST ESTIMATION: Using the last current (December 2025) estimated number of 70 FSE’s subject to inspection, the estimated annual cost of Grease BMP Inspection Program without return inspection charge is $ 5,600.00 (70x $80). Because the level of non-compliance is so difficult to estimate, ECIS estimates that out of 70 FSE’s, three quarters (53), may be found to be non-compliant and subject to return inspection, thus increasing the cost of the estimated yearly program by an additional $ 4,240-(53 X $80). Estimated annual cost of GBMP Inspection Program, with all return inspection charges as outlined above is $9,840. ($5,600 + $4,240).  GCDI’S GREASE CONTROL DEVICE INSPECTIONS INSPECTION FREQUENCY: ECIS proposes to inspect all Gravity Grease Interceptors (GGI) and Hydro- Mechanical Grease Interceptors (HGI) within City sewer service area on a 3x annual basis. This inspection program is exactly the same as it is now currently being implemented. ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES SOURCE CONTROL SOLUTIONS 33322 MARINA VISTA DR.• DANA POINT CA, 92629 • PHONE: (949) 481-8826• EMAIL:jkinley@ecisglobal.com INSPECTION S.O.P. : ECIS proposes to perform the following minimum at all inspections: 1. Contact customer. 2. Determine capacity and condition of grease interceptor and record results. 3. Observe recent pumping manifests and or receipts-record on database. 4. Inform customer of all results and/or actions. 5. Issuance and follow up of notice of non-compliance (NON) if necessary. DATABASE: ECIS proposes to gather, maintain, and provide a complete Excel database of all FSE’s which do and/or do not discharge wastewater containing fats, oil or grease (FOG) into the sewer collection system. This database will include, but is not limited to, the following information: 1. Name-location of establishment. 2. Property owner, manager, contacts person name(s), and phone number(s). 3. Grease interceptor location, number of inspection points, and volume in gallons/pounds. 4. Date of inspection, most recent pumping date, and condition of interceptor. 5. Waste hauler names, addresses, and phone numbers. 6. NON issuance date(s), recheck dates, and results as well as any/all relevant information. GCDI FEE: ECIS proposes to charge City at a rate of Twenty (20) dollars per inspection point. An inspection point is defined as any opening into the grease interceptor or grease trap, designed for providing access to or obtaining a sample(s). ECIS proposes to lock in this fee for the life of the current contract. PROGRAM COST ESTIMATION: The following estimated cost breakdown is for the actual inspections of the known GCD’s within City. Currently, (December 2025) there are 110 FSE’s in the City sewer service area. There are currently 116 inspection points (lids) between 40 Gravity Grease Interceptors (GGI) and 17 Hydro-mechanical Grease Interceptors (HGI). Inspecting 116 lids on a 3x annual basis will cost $5,640 – (116 X $20 X 3 = $6,960). To account for future growth ECIS is adding another 6 lids annually (1grease interceptor, or several smaller HGI’s) to the total. These 6 additional future lids will cause a rise of an additional annual total of $360. Therefore the total proposed annual program cost estimation for the GCDI program is $7,080. The total proposed cost for the three year term is $7,160 ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES SOURCE CONTROL SOLUTIONS 33322 MARINA VISTA DR.• DANA POINT CA, 92629 • PHONE: (949) 481-8826• EMAIL:jkinley@ecisglobal.com ECIS proposes to supply electronically, an updated copy of the Excel database to City within two weeks of the end date of each inspection run. INDIVIDUAL FOG PROGRAM COST ESTIMATIONS FOR FY 2026:  3X Annual Grease Control Device Inspections: $7,160  Annual Grease BMP Inspections: $9,840.  As needed FOG Plan Reviews: $525  Estimated 2026 cost for FOG Program is $17,525.  Estimated 3 year total cost for FOG Program is $52,575. Thank you Mr. Spitz for allowing ECIS the opportunity to further assist City in its endeavors to create a cleaner and safer coastal environment. Please feel free to contact me anytime with any questions or comments. Respectfully submitted, Jon C. Kinley President ECIS ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES Source Control Solutions 33322 MARINA VISTA DR.• DANA POINT CA 92629 • PHONE: (949) 481-8826• EMAIL:jkinley@ecisglobal.com EXHIBIT B TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those Services that are “public works”, Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Consultant’s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement. 6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. 7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. 8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. Consultant shall not perform work with any subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City. 10. Consultant acknowledges that eight hours labor constitutes a legal day’s work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” 12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant’s expense with counsel reasonably acceptable to City) City, its elected and appointed officials, officers, employees, agents, servants, and those City agents serving as independent contractors in the role of City officials, and volunteers and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees, agents and servants) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement. Agenda Item K AGENDA STAFF REPORT DATE:April 27, 2026 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Approving and Authorizing the Purchase of a Mechanical Beach Cleaner for Coastal Grooming and Beach Maintenance, and Budget Amendment BA #26-10-02 ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7762: 1. Authorizing the purchase of one (1) Barber Surf Rake for coastal grooming and beach maintenance in the not-to-exceed amount of $90,171.25; and, 2. Authorizing and directing the City Manager to approve a purchase order and any necessary related documents for the coastal grooming equipment purchase; and, 3. Approving Budget Amendment BA #26-10-02 in the amount of $90,171.25; and, 4. Authorizing the City Manager to surplus existing equipment upon the completion of the new equipment purchase. BACKGROUND AND ANALYSIS: The City of Seal Beach (City) currently maintains approximately 1.75 miles of coastline, requiring staff to utilize numerous pieces of equipment and tools to accomplish this task. Maintenance actions within the coastline itself include, but are not limited to, general trash collection, graffiti abatement and removal, and beach grooming. In order to conduct beach debris and litter collection, staff utilizes a large piece of tow-behind equipment called a mechanical cleaner, of which daily passes are made across the sand itself to gather the aforementioned debris for disposal. The City’s existing unit, a BeachTech mechanical cleaner (BeachTech), has been in service for over 15 years, which is significantly over the manufacturer’s suggested complete overhaul of eight (8) years. This increased age and utilization has led to Page 2 2 2 7 5 inefficient beach grooming operations, in addition to increased downtime due to more frequent repairs. Replacement parts often require international procurement, further extending maintenance timeline and costs. Continued operation of the current unit is no longer economically viable and operationally desirable, and it is in the best interest of the City to replace the unit with a new, more reliable unit. Staff conducted research into available similar mechanical cleaners from other manufacturers, and it is proposed to replace the existing BeachTech with a Barber Surf Rake. Based on field demonstrations, the Barber Surf Rake has shown itself to be more operationally reliable and efficient, as well as having increased service availability due to locally sourced parts. The Barber Surf Rake also demonstrates operational versatility, with the ability to collect a wide range of debris, in contrast to the existing BeachTech, which solely picks up smaller waste. Staff solicited equipment replacement quotes, as permitted by City of Seal Beach Municipal Code Section 3.20.025 (B). This code provides for an exemption from the City’s competitive bidding requirements for purchases made through a single vendor, due to the equipment’s highly specific use-case. H. Barber and Sons, Inc. is the sole manufacturer of this kind of multi-purpose beach rake mechanical cleaner. While there are other groomers, they are not comparable, as the other units can either pick up only small or only large debris. The Barber Surf Rake model does both, which is ideal for small beach cities due to limited equipment storage. This equipment replacement would additionally provide less frequent grooming passes along the beach, which further reduces staff time dedicated to this task, enabling more time allocations toward a higher level of service for all beachgoers alike. 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 the proposed administrative action will not have a significant impact on the environment. LEGAL ANALYSIS: The City Attorney has approved the resolution as to form. FINANCIAL IMPACT: The following is a price breakdown of each of the pump units described above from a quote obtained by the H. Barber and Sons, Inc.: Description Amount Barber Surf Rake $90,171.25 Total $90,171.25 Page 3 2 2 7 5 Budget Amendment BA #26-10-02 authorizes an intradepartmental fund transfer of $90,171.25 from the Building Maintenance account to the Tidelands Beach account, as detailed below: Description Account Revised/Adopted Budget Proposed Budget Budget (diff) Amendment Building Maintenance Water 101-500-0052-56700 $ 500,000.00 $ 409,828.75 $ (90,171.25) Tidelands Beach Equipment & Materials 106-500-0863-52100 $ 53,000.00 $ 143,171.25 $ 90,171.25 Transfer Out - Operational 101-150-0080-59200 $ 2,447,458.32 $ 2,537,629.57 $ 90,171.25 Transfer In - Operational 601-000-0000-49200 $ 406,800.00 $ 496,971.25 $ 90,171.25 Transfer Out - Operational 601-500-0980-59200 $ - $ 90,171.25 $ 90,171.25 Transfer In - Operational 106-000-0000-49200 $ 2,321,958.32 $ 2,412,129.57 $ 90,171.25 Funds will be expensed from the following account(s): Account Description Amount 106-500-0863-52100 Barber Surf Rake $90,171.25 Total $90,171.25 RECOMMENDATION: That the City Council adopt Resolution 7762: 1. Authorizing the purchase of one (1) Barber Surf Rake for coastal grooming and beach maintenance in the not-to-exceed amount of $90,171.25; and, 2. Authorizing and directing the City Manager to approve a purchase order and any necessary related documents for the coastal grooming equipment purchase; and, 3. Approving Budget Amendment BA #26-10-02 in the amount of $90,171.25; and, 4. Authorizing the City Manager to surplus existing equipment upon the completion of the new equipment purchase. 5. SUBMITTED BY: NOTED AND APPROVED: Iris Lee Patrick Gallegos Iris Lee, Director of Public Works Patrick Gallegos, City Manager Page 4 2 2 7 5 Prepared by: Sean Low, Deputy Public Works Director – Maintenance and Utilities ATTACHMENTS: A. Resolution 7762 RESOLUTION 7762 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AND AUTHORIZING THE PURCHASE OF A MECHANICAL BEACH CLEANER FOR COASTAL GROOMING AND BEACH MAINTENANCE, AND BUDGET AMENDMENT BA #26-10-02 WHEREAS, the City of Seal Beach (City) maintains approximately 1.75 miles of coastline; and, WHEREAS, City staff utilize numerous pieces of equipment such as mechanical beach cleaners to conduct daily grooming activities for debris and trash removal along the coastline; and, WHEREAS, the City’s existing BeachTech mechanical cleaner (BeachTech) has been in service for over fifteen (15) years, which is well over the manufacturer overhaul interval of eight (8) years; and, WHEREAS, the BeachTech’s increased age has led to inefficient beach grooming operations and increased downtime due to frequent repairs; and, WHEREAS, Seal Beach Municipal Code Section 3.20.025(B) provides an exemption from competitive bidding requirements for purchases made through a single vendor (sole source); and, WHEREAS, in accordance with the Seal Beach City Charter and Seal Beach Municipal Code Sections 3.20.025(B), the City solicited quotes for the purchase of a replacement multipurpose beach rake mechanical cleaner, and also determined that H. Barber and Sons is the only company that makes a multi-purpose beach rake mechanical cleaner that picks up both small and large debris, while other companies manufacture beach rake mechanical cleaners that only pick up small or large debris; and, WHEREAS, the City desires to purchase one (1) Barber Surf Rake beach cleaner, which has demonstrated to be multi-purpose, more operationally reliable and efficient, as well as having increased service availability due to locally sourced parts. NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine, and order as follows: Section 1. The City Council hereby authorizes the purchase of one (1) Barber Surf Rake from H. Barber and Sons, Inc., for coastal grooming and beach maintenance in the not-to-exceed amount of $90,171.25. 1 1 0 7 9 Section 2. The City Council hereby authorizes and directs the City Manager to approve a purchase order and any necessary related documents for the purchase of the Barber Surf Rake from H. Barber and Sons, Inc. Section 3. The City Council hereby approves Budget Amendment #26-10-02 authorizing an intradepartmental fund transfer of $90,171.25 from the Building Maintenance account to the Tidelands Beach account, as detailed below: Description Account Revised/Adopted Budget Proposed Budget Budget (diff) Amendment Building Maintenance Water 101-500-0052-56700 $ 500,000.00 $ 409,828.75 $ (90,171.25) Tidelands Beach Equipment & Materials 106-500-0863-52100 $ 53,000.00 $ 143,171.25 $ 90,171.25 Transfer Out - Operational 101-150-0080-59200 $ 2,447,458.32 $ 2,537,629.57 $ 90,171.25 Transfer In - Operational 601-000-0000-49200 $ 406,800.00 $ 496,971.25 $ 90,171.25 Transfer Out - Operational 601-500-0980-59200 $ - $ 90,171.25 $ 90,171.25 Transfer In - Operational 106-000-0000-49200 $ 2,321,958.32 $ 2,412,129.57 $ 90,171.25 Section 4. The City Council hereby authorizes the City Manager to surplus existing equipment upon the completion of the new equipment purchase. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 27th day of April 2026 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 1 0 7 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 7762 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 27th day of April 2026. Gloria D. Harper, City Clerk Agenda Item L AGENDA STAFF REPORT DATE:April 27, 2026 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Approving and Authorizing the Purchase of Three (3) Portable Standalone Pumps for Emergency Storm Event Response and Sewer Bypass Operation ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7763: 1. Finding that the purchase of three (3) portable standalone pumps from the Charles King Company for emergency storm event response and sewer bypass operation may proceed without satisfaction of the formal bid requirements due to the circumstances applicable to the need for the purchase of the pumps during this fiscal year and to ensure immediate full operational readiness while mitigating further unnecessary rental fees, and therefore the net cost to the City will be reduced by dispensing with bidding; and, 2. Authorizing the purchase of two (2) portable standalone pumps dedicated to storm event response, and (1) portable standalone pump for sewer bypass operation, for a total of three (3) standalone pumps from the Charles King Company in the amount of $245,722.62, and rejecting all other quotes; and, 3. Authorizing and directing the City Manager to approve purchase orders and any necessary related documents for the portable pump purchases. BACKGROUND AND ANALYSIS: Stormwater Pumps Due to its proximity to the ocean as well as its general topography, the City of Seal Beach (City) encounters flooding in various areas during heavy volume rain events. This flooding causes traffic backups, road closures, debris dispersion, and potentially unsafe conditions for residents and visitors alike. Page 2 2 2 7 6 To combat this, City staff deploy portable standalone stormwater pumps in designated parts of the City that have historically been impacted by rain events during projected periods of heavy rainfall. The pumps are deployed at the following five (5) locations: 1st St Parking Lot 10th St Parking Lot College Park East (Ironwood Ave/Elder Ave) Marina Ave and 7th Street Marina Ave and Caravel Way Each one of these locations requires one (1) portable stormwater pump, ancillary accessories, and staff to operate. The City owns three (3) sets of pump and equipment, resulting in the need to rent two (2) additional pumps. Two (2) out of the three (3) pumps the City desires to purchase will be dedicated to storm event response, enabling full ownership of all pumps for each site. The benefits of full ownership include greatly reducing staff coordination time and improving emergency response times. Over the past few years of storm event preparation, the accumulation of pump rental fees and coordination time have exceeded the cost of purchasing the pumps outright. Additionally, with the forecast of a potentially wet winter, it is in the best interest for the City to invest in purchasing the pumps for operational and customer service readiness. Wastewater Pump The City’s primary sewer lift station, Pump Staton #35, is currently under construction to provide critical improvements, including mechanical upgrades, wet well rehabilitation, emergency generation, and a permanent by-pass connection. The bypass connection is a key resiliency feature allowing the City to maintain wastewater conveyance should a failure occur at the station. Accordingly, the third additional pump purchase will provide a dedicated bypass pump for the station, enhancing system reliability and operational continuity. Recommendation Section 3.20.030 of the Seal Beach Municipal Code (SBMC) provides that for purchases of supplies and equipment above the bidding threshold, the formal bidding process should be used that awards the purchase to the lowest responsible bidder, including a notice inviting bids and submittal of sealed bids. However, SBMC Section 3.20.045(A) also authorizes the City Council to award the purchase without satisfaction of the formal bid requirements upon making a finding that, due to the circumstances applicable to the particular purchase, the net cost to the City will be reduced by dispensing with bidding. In light of the need to purchase the pumps during this fiscal year and to ensure immediate full operational readiness while mitigating further rental fees, staff solicited and received three (3) Page 3 2 2 7 6 separate quotes from vendors who have the capability of supplying the necessary portable pumps, as follows from lowest to highest bid: Rank Contractor Total Quote 1 Charles King Company $245,722.62 2 Don Pedro Pump $267,600.00 3 Rockwell Engineering $268,528.09 Staff reviewed the contractors’ quote proposal packages and found them to be consistent with industry standards as well as the specifications that meet the City’s needs for stormwater and wastewater needs. Based on the quote proposal packages submitted, Charles King Company was deemed the lowest responsible bidder. Staff, therefore, recommends that the City Council authorize the purchase from Charles King Company without satisfaction of the formal bid requirements. 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 the proposed administrative action will not have a significant impact on the environment. LEGAL ANALYSIS: The City Attorney has approved the resolution as to form. FINANCIAL IMPACT: The following is a price breakdown of each of the pump units described above from a quote obtained by the Charles King Company: Description Amount Storm Pumps, Qty: 3 $245,722.62 Total $245,722.62 Funds will be expensed from the following accounts: Account Description Amount 101-500-0043-52100 Standalone Storm Pump #1 $81,907.54 101-500-0043-52100 Standalone Storm Pump #2 $81,907.54 503-500-0925-52100 Standalone Storm Pump #3 $81,907.54 Total $245,722.62 Page 4 2 2 7 6 RECOMMENDATION: That the City Council adopt Resolution 7763: 1. Finding that the purchase of three (3) portable standalone pumps from the Charles King Company for emergency storm event response and sewer bypass operation may proceed without satisfaction of the formal bid requirements due to the circumstances applicable to the need for the purchase of the pumps during this fiscal year and to ensure immediate full operational readiness while mitigating further unnecessary rental fees, and therefore the net cost to the City will be reduced by dispensing with bidding; and, 2. Authorizing the purchase of two (2) portable standalone pumps dedicated to storm event response, and (1) portable standalone pump for sewer bypass operation, for a total of three (3) from the Charles King Company in the amount of $245,722.62, and rejecting all other quotes; and, 3. Authorizing and directing the City Manager to approve purchase orders and any necessary related documents for the portable pump purchases. SUBMITTED BY: NOTED AND APPROVED: Iris Lee Patrick Gallegos Iris Lee, Director of Public Works Patrick Gallegos, City Manager Prepared by: Sean Low, Deputy Public Works Director – Maintenance and Utilities ATTACHMENTS: A. Resolution 7763 RESOLUTION 7763 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AND AUTHORIZING THE PURCHASE OF THREE (3) PORTABLE STANDALONE STORMWATER PUMPS FOR EMERGENCY STORM EVENT RESPONSE AND SEWER BYPASS OPERATION WHEREAS, the City of Seal Beach (City) encounters significant flooding in specific areas during heavy rain events; and, WHEREAS, the City combats flooding by deploying portable standalone stormwater pumps in pre-designated flood-prone areas; and, WHEREAS, to fully be operationally ready for emergency storm and rain event response, a total of five (5) pumps would need to be deployed; and, WHEREAS, the City currently owns three (3) standalone pumps, leading to the perpetual need to rent two (2) additional pumps, which has led to rising accumulated rental costs that have superseded outright purchase as well as increased coordination and emergency response times; and, WHEREAS, two (2) out of the three (3) pumps the City desires to purchase would be dedicated to storm event response, enabling full ownership of all needed pumps for each site; and, WHEREAS, the City’s primary sewer lift station, Pump Staton #35, is currently undergoing construction where the third pump purchase would provide a dedicated bypass pump for enhanced system reliability and operational continuity in the event of a station failure; and, WHEREAS, Section 3.20.030 of the Seal Beach Municipal Code (SBMC) provides that for purchases of supplies and equipment above the bidding threshold, the formal bidding process should be used that awards the purchase to the lowest responsible bidder, including a notice inviting bids and submittal of sealed bids; but SBMC Section 3.20.045(A) authorizes the City Council to award a contract without satisfaction of the formal bid requirements upon making a finding that, due to the circumstances applicable to the particular purchase, the net cost to the City will be reduced by dispensing with bidding; and, WHEREAS, in light of the need to purchase the pumps during this fiscal year and to ensure immediate full operational readiness while mitigating further rental fees, it was determined that it is necessary and appropriate to forego the formal bidding process, and therefore the City solicited (3) separate quotes from contractors that have the capability of supplying the needed portable pumps and services; and, 1 1 0 8 9 WHEREAS, Charles King Company submitted the lowest responsible bid in the amount of $245,722.62 to provide the necessary pumps and appurtenances; and, WHEREAS, upon reviewing the quote and related documents submitted for the purchase of the pumps, the City Council finds that the Charles King Company is a qualified firm to provide the pumps. NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine, and order as follows: Section 1. The City Council hereby finds that the purchase a total of three (3) portable standalone pumps from the Charles King Company for emergency storm event response and sewer bypass operation, may proceed without satisfaction of the formal bid requirements due to the circumstances applicable to the need for the purchase of the pumps during this fiscal year and to ensure immediate full operational readiness while mitigating further unnecessary rental fees, and therefore the net cost to the City will be reduced by dispensing with bidding. Section 2. The City Council hereby authorizes the purchase of two (2) portable standalone pumps dedicated to storm event response, and (1) portable standalone pump for sewer bypass operation, for a total of three (3) portable standalone pumps from the Charles King Company in the amount of $245,722.62, and rejecting all other quotes. Section 3. The City Council hereby authorizes and directs the City Manager to approve purchase orders and any necessary related documents for the portable pump purchases. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 27th day of April 2026 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Lisa Landau, Mayor 1 1 0 8 9 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 7763 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 27th day of April 2026. Gloria D. Harper, City Clerk Agenda Item M AGENDA STAFF REPORT DATE:April 27, 2026 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, City Manager FROM:Michael Henderson, Chief of Police SUBJECT:Homeland Security Grant Program Agreement to Transfer Property or Funds for Fiscal Year 2023 ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7764: 1. Approving the Agreement to Transfer Property or Funds for Fiscal Year 2023 Homeland Security Grant Program Purposes; and, 2. Authorizing the City Manager to execute the agreement and any related documents on the City’s behalf that are necessary for the transfer of property or funds under the Fiscal Year 2023 Homeland Security Grant Program. BACKGROUND AND ANALYSIS: The Federal Homeland Security Appropriations Act provides funding to address the needs of high-risk urban areas for planning, equipment/services, training, and exercises through the Homeland Security Grant Program (HSGP). Additionally, the Department of Homeland Security (Homeland Security) is funding efforts nationally to combat terrorism and respond to emergencies and hazards. The City of Seal Beach (City) is located in the County of Orange and the Anaheim/Santa Ana Urban Area and is eligible to receive financial assistance in the form of funds, equipment, technology and services, through Homeland Security sub-grants from the County of Orange. In order to facilitate the transfer of Homeland Security Grant funds, the City must enter into agreements with the County of Orange. The City Manager must be designated by resolution to execute on behalf of the City of Seal Beach to obtain grant funds through the Homeland Security Grant Program. The Department of Homeland Security is funding efforts nationally to combat terrorism and respond to emergencies and hazards. In order to receive the funds, entities must cooperate with the grant requirements and have a designated signer of record. This Page 2 2 2 8 2 agreement allows the City to receive the funds and equipment as provided by the grant. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney has reviewed and approved the staff report and resolution as to form. FINANCIAL IMPACT: The City will accept and expend funds if received. Acceptance of property or funds may offset public safety expenditures servicing the City for a variety of needs which may fall under the umbrella of Homeland Security. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7764: 1. Approving the Agreement to Transfer Property or Funds for FY 2023 Homeland Security Grant Program Purposes; and, 2. Authorizing the City Manager to execute the agreement and any related documents on the City’s behalf that are necessary for the transfer of property or funds under the Fiscal Year 2023 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, Police Sergeant, Emergency Services Coordinator Page 3 2 2 8 2 ATTACHMENTS: A. Resolution 7764 B. Agreement to Transfer Property or Funds for FY2023 Homeland Security Grant Program Purposes C. Agreement Attachments A-C RESOLUTION 7764 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND ANY RELATED DOCUMENTS ON THE CITY’S BEHALF THAT ARE NECESSARY FOR THE TRANSFER OF PROPERTY OR FUNDS UNDER THE FISCAL YEAR 2023 HOMELAND SECURITY GRANT PROGRAM WHEREAS, The Federal Homeland Security Appropriations Act provides funding to address the needs of high-risk urban areas for planning, equipment/services, training, and exercises through the Homeland Security Grant Program (“HSGP”). Additionally, the Department of Homeland Security (“Homeland Security”) is funding efforts nationally to combat terrorism and respond to emergencies and hazards; and, WHEREAS, the City of Seal Beach (City) is located in the County of Orange and the Anaheim/Santa Ana Urban Area and is eligible to receive financial assistance in the form of funds, equipment, technology and services, through Homeland Security sub-grants from the County of Orange. NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine, and order as follows: : Section 1. The City Council hereby approves the Agreement to Transfer Property or Funds for FY 2023 Homeland Security Grant Program Purposes. Section 2. The City Council hereby authorizes the City Manager to execute the foregoing agreement and any related documents on the City’s behalf that are necessary for the transfer of property or funds under the Fiscal Year 2023 Homeland Security Grant Program. Section 3. The City Clerk shall certify the passage and adoption of this resolution. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 27th day of April 2026 by the following vote: 1 1 1 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 7764 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 27th day of April 2026. Gloria D. Harper, City Clerk CFDA: 97.067 Homeland Security Grant Program Department of Homeland Security Page 1 of 4 AGREEMENT TO TRANSFER PROPERTY OR FUNDS 1 FOR 2023 HOMELAND SECURITY GRANT PROGRAM PURPOSES 2 3 THIS AGREEMENT is entered into this 18th day of February 2026, which date is enumerated 4 for purposes of reference only, by and between the COUNTY OF ORANGE, a political subdivision of 5 the State of California, hereinafter referred to as “COUNTY,” and the__________, a municipal 6 corporation, hereinafter referred to as “SUBRECIPIENT.” 7 WHEREAS, COUNTY, acting through its Sheriff-Coroner Department, hereinafter referred to 8 as SHERIFF, in its capacity as the lead agency for the Orange County Operational Area, has applied 9 for, received, and accepted the 2023 Homeland Security Grant Program (hereinafter referred to as 10 “the grant”) from the California Office of Emergency Services (“Cal OES”). 11 WHEREAS, the purpose of the Homeland Security Grant Program (HSGP) is to enhance 12 county-wide emergency preparedness as outlined in the grant documents that are attached hereto 13 as Attachments A (FY 23 CA Supplement to the Federal Notice of Funding Opportunity), B (FY 23 14 Homeland Security Grant Program Notice of Funding Opportunity), and C (FY 23 Homeland 15 Security Grant Assurances), which are attached hereto and incorporated herein by reference. The 16 terms of the grant require that COUNTY use certain grant funds to purchase equipment, 17 technology, or services that will be transferred to SUBRECIPIENT to be used for grant purposes. 18 NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 19 1. The COUNTY shall transfer to SUBRECIPIENT the equipment, technology, or services 20 as specified in Attachment D (FY23 Equipment Release Document), which is attached hereto and 21 incorporated herein by reference. Suppose the grant requires COUNTY to transfer to 22 SUBRECIPIENT equipment, technology, or services that COUNTY has not yet acquired. In that case, 23 COUNTY shall transfer said equipment, technology, or services to SUBRECIPIENT as soon after 24 acquisition by COUNTY as is reasonably practicable. 25 2. If COUNTY transfers grant funds to SUBRECIPIENT, SUBRECIPIENT shall use said 26 grant funds only to acquire equipment, technology, or services outlined in Attachment B hereto 27 and/or to perform such other grant functions, if any, for which Attachments A, B, and C permit 28 CFDA: 97.067 Homeland Security Grant Program Department of Homeland Security Page 2 of 4 SUBRECIPIENT to expend grant funds. SUBRECIPIENT shall provide COUNTY with a budget 1 breakdown signed by the authorized agent. Throughout its useful life, SUBRECIPIENT shall use any 2 equipment, technology, or services acquired with grant funds only for those purposes permitted 3 under the terms of the grant and shall make it available for mutual aid response. 4 3. The SUBRECIPIENT shall exercise due care to preserve and safeguard grant property 5 and equipment from damage or destruction and shall provide regular maintenance and repairs for 6 said equipment as is necessary, to keep the said equipment continually in good working order. 7 Such maintenance and servicing shall be the sole responsibility of the SUBRECIPIENT, who shall 8 pay for material and labor costs for any maintenance and repair of the said equipment throughout 9 the life of the said equipment. 10 4. SUBRECIPIENT shall assume all continuation costs of said equipment, technologies, 11 and/or services, to include, but not limited to, upgrades, licenses, and renewals of said equipment, 12 technologies, and/or services. 13 5. When original or replacement equipment acquired under HSGP becomes obsolete 14 for program activities, SUBRECIPIENT shall notify COUNTY of such a condition. SUBRECIPIENT 15 shall dispose of grant-funded equipment only in accordance with the instructions of the COUNTY 16 or the agency from which COUNTY received the grant funds. 17 6. SUBRECIPIENT agrees to indemnify, defend, and save harmless COUNTY and the 18 agency from which COUNTY received grant funds, and their elected and appointed officials, 19 officers, agents, and employees from any and all claims and losses accruing or resulting to any and 20 all contractors, subcontractors, laborers, and any other person, firm or corporation furnishing or 21 supplying work, services, materials, or supplies in connection with SUBRECIPIENT’S use of grant-22 funded equipment, technology, or services and SUBRECIPIENT’S performance of this Agreement, 23 including Attachments A, B, C, and D hereto, and from any and all claims and losses accruing or 24 resulting to any person, firm, or corporation who may be injured or damaged by SUBRECIPIENT in 25 the performance of this Agreement, including Attachments A, B, C, and D hereto. 26 7. By executing this Agreement, SUBRECIPIENT agrees to comply with and be fully 27 bound by all applicable provisions of Attachments A, B, C, and D hereto. SUBRECIPIENT shall notify 28 CFDA: 97.067 Homeland Security Grant Program Department of Homeland Security Page 3 of 4 COUNTY immediately upon discovery that it has not abided or no longer will abide by any applicable 1 provision of Attachments A, B, C, and D hereto. 2 SUBRECIPIENT and COUNTY shall be subject to examination and audit by the California 3 State Auditor with respect to this Agreement for a period of three years after the final payment 4 hereunder. 5 9. No alteration or variation of the terms of this Agreement shall be valid unless made 6 in writing and signed by duly authorized representatives of the parties hereto. No oral 7 understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 8 10. SUBRECIPIENT may not assign this Agreement in whole or in part without the express 9 written consent of COUNTY. 10 11. For a period of three years after the final payment hereunder or until all claims related 11 to this Agreement are finally settled, whichever is later, SUBRECIPIENT shall preserve and maintain 12 all documents, papers, and records relevant to the work performed or property or equipment 13 acquired in accordance with this Agreement, including Attachments A, B, C, and D hereto. For the 14 same time period, SUBRECIPIENT shall make said documents, papers, and records available to 15 COUNTY and the agency from which COUNTY received grant funds or their duly authorized 16 representative(s), for examination, copying, or mechanical reproduction on or off the premises of 17 SUBRECIPIENT, upon request during usual working hours. 18 12. The SUBRECIPIENT shall provide to COUNTY all records and information requested 19 by COUNTY for inclusion in quarterly reports and such other reports or records as COUNTY may be 20 required to provide to the agency from which COUNTY received grant funds or other persons or 21 agencies. 22 13. COUNTY may terminate this Agreement and be relieved of the payment of any 23 consideration to SUBRECIPIENT if a) SUBRECIPIENT fails to perform any of the covenants 24 contained in this Agreement, including the applicable terms of Attachments A, B, C, and D hereto, 25 at the time and in the manner herein provided, or b) COUNTY loses funding under the grant. In the 26 event of termination, COUNTY may proceed with the work in any manner deemed proper by 27 COUNTY. 28 CFDA: 97.067 Homeland Security Grant Program Department of Homeland Security Page 4 of 4 14. SUBRECIPIENT and its agents and employees shall act in an independent capacity in 1 the performance of this Agreement, including Attachments A, B, C, and D hereto. They shall not be 2 considered officers, agents, or employees of COUNTY or Sheriff or of the agency from which 3 COUNTY received grant funds. 4 15. By signing this Agreement, SUBRECIPIENT understands and agrees that: a) Failure to 5 follow grant guidance will result in ineligibility for any reimbursement under the FY2023 HSGP, and 6 b) Only these expenditures detailed explicitly in the Financial Management Forms Workbook are 7 approved for funding; any changes must be pre-approved by the California Office of Emergency 8 Services. 9 IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange, 10 State of California. 11 12 Dated: _____________, 2026 COUNTY OF ORANGE, a political 13 subdivision of the State of California 14 15 16 By: _____________________________ 17 Sheriff-Coroner 18 19 20 21 22 SUBGRANTEE: 23 24 By: ______________________________ 25 26 ATTEST: 27 By: __________________________________ Dated: __________________________ 28 City Clerk 29 30 Dated: __________________________________ 31 Fiscal Year 2023 Homeland Security Grant Program California Supplement to the Federal Notice of Funding Opportunity October 2023 SECTION 1—OVERVIEW………………………………………………………………………… 1 Federal Program Announcement Information Bulletins Grant Management Memoranda Purpose of the California Supplement Eligible Subrecipients Tribal Allocations Subrecipient Allocations Supplanting Public/Private Organizations Debarred/Suspended Parties Key Changes to the FY 2023 Homeland Security Grant Program SECTION 2—FEDERAL CHANGES AND INITIATIVES ....................................................... 4 FY 2023 National Priorities National Campaigns and Programs National Cybersecurity Review NIMS Implementation Law Enforcement Terrorism Prevention Activities Management and Administration Indirect Costs Organization Costs – Overtime Personnel Cap Equipment Typing/Identification and Use Equipment Maintenance/Sustainment Emergency Communications Projects Telecommunications Equipment and Services Prohibitions Small Unmanned Aircraft Systems Emergency Operations Plans Conflict of Interest Build America Buy America Act (BABAA) SECTION 3—STATE CHANGES AND INITIATIVES .......................................................... 14 FY 2023 Investments California Homeland Security Strategy Goals State Initiative Funding “On Behalf Of” Public Alert and Warning SECTION 4—REQUIRED STATE APPLICATION COMPONENTS ...................................... 16 Financial Management Forms Workbook Subrecipient Grants Management Assessment Application Attachments Standard Assurances Operational Areas and Urban Areas Operational Areas Only Urban Areas Only Fusion Centers Only State Agencies and Tribes Only SECTION 5—THE STATE APPLICATION PROCESS .............................................................. 21 Application Submission Late or Incomplete Application HSGP Contact Information Subaward Approval SECTION 6—POST AWARD REQUIREMENTS .................................................................... 23 Payment Request Process Advances and Interest Earned on Advances Semi-Annual Drawdown Requirements Modifications Training Exercises, Improvement Plans, and After-Action Reporting Procurement Standards and Written Procedures Procurement Thresholds Procurement Documentation Noncompetitive Procurement Performance Bond Environmental Planning and Historic Preservation Construction and Renovation Inventory Control and Property Management Equipment Disposition Performance Reporting Extension Requests Progress Reports on Grant Extensions Monitoring Failure to Submit Required Reports Suspension/Termination Closeout Records Retention ATTACHMENTS A – FY 2023 HSGP Allocations B – FY 2023 HSGP Timeline C – FY 2023 HSGP Program Checklist 1 Section 1 ‒ Overview | 2023 Federal Program Announcement In February 2023, the U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) issued the Fiscal Year (FY) 2023 Homeland Security Grant Program (HSGP), Notice of Funding Opportunity (NOFO) and the FEMA Preparedness Grants Manual. Subrecipients must follow the programmatic requirements in the NOFO, FEMA Preparedness Grants Manual, and the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located in Title 2, Code of Federal Regulations (C.F.R.), Part 200. Information Bulletins DHS issues Information Bulletins (IBs) to provide updates, clarification, and new requirements throughout the life of the grant. Grant Management Memoranda Cal OES issues Grant Management Memoranda (GMMs) which provide additional information and requirements regarding HSGP funds. Purpose of the California Supplement The FY 2023 HSGP California Supplement to the NOFO (State Supplement) is intended to complement, rather than replace, the NOFO and the FEMA Preparedness Grants Manual. Applicants are highly encouraged to thoroughly read the NOFO and the Preparedness Grants Manual before referring to the State Supplement. The State Supplement will emphasize differences between the FY 2021 and FY 2023 HSGP and highlight additional California policies and requirements applicable to FY 2023 HSGP. Eligible Subrecipients Eligible Applicants, referred to as Subrecipients, include Counties/Operational Areas (OAs), Urban Areas (UAs), State Agencies (SAs), Departments, Commissions, and Boards who have or can obtain appropriate state Department of Finance budget authority for awarded funds, and federally recognized tribes located in California. Tribal Allocations The NOFO strongly encourages Cal OES to provide HSGP funds directly to tribes in California. To implement this requirement, a special Request for Proposal will be issued to California’s federally recognized tribes. All Subrecipients are encouraged to coordinate with tribal governments to ensure that tribal needs are considered in their grant 2 Section 1 ‒ Overview | 2023 applications. Subrecipient Allocations FY 2023 HSGP Subrecipient final allocations are provided in Attachment A and reflect reductions to Subrecipients who did not submit minimum thresholds for National Priority Areas, including Subrecipients opting out of the award altogether, and increases to Subrecipients that are helping meet statewide minimum level National Priority Area requirements. Supplanting Grant funds must be used to supplement existing funds, not replace (supplant) funds that have been appropriated for the same purpose. Subrecipients may be required to provide supporting documentation that certifies a reduction in non-federal resources that occurred for reasons other than the receipt or expected receipt of federal funds. Supplanting will result in the disallowance of the activity associated with this improper use of federal grant funds. Public/Private Organizations Subrecipients may contract with other public or private organizations to perform eligible activities on approved HSGP projects. Debarred/ Suspended Parties Subrecipients must not make or permit any award (subaward or contract) at any tier, to any party, that is debarred, suspended, or otherwise excluded from, or ineligible for, participation in federal assistance programs. Subrecipients must obtain documentation of eligibility before making any subaward or contract using HSGP funds and must be prepared to present supporting documentation to monitors/auditors. Before entering into a Grant Subaward, the Subrecipient must notify Cal OES if it knows if any of the principals under the subaward fall under one or more of the four criteria listed at 2 C.F.R. § 180.335. The rule also applies to Subrecipients who pass through funding to other local entities. 3 Section 1 ‒ Overview | 2023 Debarred/ Suspended Parties Cont. If at any time after accepting a subaward, Subrecipients learn that any of its principals fall under one or more of the criteria listed at 2 C.F.R. § 180.335, immediate written notice must be provided to Cal OES and all grant activities halted until further instructions are received from Cal OES. The rule also applies to subawards passed through by Subrecipients to local entities. Key Changes to the FY 2023 HSGP National Priority Areas: There are six National Priority Areas (NPAs) for FY 2023. SHSP and UASI applicants must include one Investment Justification (IJ) for each NPA that has a minimum spend requirement, where applicable. For the NPAs with no minimum spend requirement, the Department of Homeland Security strongly encourages recipients to make investments in those areas as they are of critical national concern. For those NPAs that have an associated minimum spend, all projects related to meeting the minimum spend for those NPAs must be included in the same IJ. The six NPAs, along with the relevant minimum spend requirement, are: • Enhancing information and intelligence sharing and cooperation with federal agencies, including the Department of Homeland Security – 3% minimum; • Enhancing the protection of soft targets/crowded places – 3% minimum; • Enhancing cybersecurity – no minimum requirement; • Enhancing community preparedness and resilience – 3% minimum; • Combating domestic violent extremism – 3% minimum; • Enhancing election security – NEW: 3% minimum. 4 Section 1 ‒ Overview | 2023 Key Changes to the FY 2023 HSGP Cont. Law Enforcement Terrorism Prevention Activities: Increased from 30% to 35% of the subaward. Build America, Buy America Act (BABAA): FY 2023 HSGP is subject to BABAA requirements. The BABAA requires all federal agencies, including FEMA, to ensure that no federal financial assistance for “infrastructure” projects is provided unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States. The BABAA requirements only apply to awards or funds obligated on or after January 2, 2023, and do not apply to awards or funds obligated during the waiver period from July 1, 2022, through January 1, 2023. 5 Section 2 ‒ Federal Changes and Initiatives | 2023 FY 2023 National Priorities DHS/FEMA annually publishes the National Preparedness Report (NPR) to report national progress in building, sustaining, and delivering the core capabilities outlined in the goal of a secure and resilient nation. This analysis provides a national perspective on critical preparedness trends for whole community partners to use to inform program priorities, allocate resources, and communicate with stakeholders about issues of concern. HSGP Subrecipients are required to prioritize grant funding to demonstrate how investments support closing capability gaps or sustaining capabilities identified in the Threat Hazard Identification and Risk Assessment (THIRA)/Stakeholder Preparedness Review (SPR) process. DHS/FEMA continually assesses changes to the threat landscape to further the National Preparedness Goal (NPG) of a secure and resilient nation. The following are national priority areas for FY 2023, including the corresponding percentage of funds required in each area: • Enhancing information and intelligence sharing and cooperation with federal agencies, including DHS – 3%; • Enhancing the protection of soft targets/crowded places - 3%; • Enhancing cybersecurity – no minimum; • Enhancing community preparedness and resilience – 3% • Combating domestic violent extremism through enhanced intelligence collection & analysis, training, and community resilience – 3%; and • Enhancing election security – 3% minimum. The NPA specifically addressing emerging threats has been removed, but activities in this category remain allowable expenses under other investment areas. Further, applicants must spend a minimum of 30% of their SHSP and UASI awards across the six NPAs but have new flexibility on how that funding is allocated. Although 15% is required in minimum spending across five NPAs, as noted above, the remaining 15% can be allocated across any of the six NPAs. Enhancing Cybersecurity NP does not require a minimum allocation. 6 Section 2 ‒ Federal Changes and Initiatives | 2023 FY 2023 National Priorities Cont. National Priority projects will be reviewed for effectiveness by DHS/FEMA and must be deemed effective prior to the obligation or expenditure of funds. Projects requiring additional information for DHS/FEMA to determine effectiveness of the project, or projects deemed ineffective, will have a hold placed on their subaward pending submission of requested information and DHS/FEMA approval. Once a project is approved by DHS/FEMA, modifications to the project have special restrictions regarding modifications as indicated below: Modifications which do not change the project scope and do not decrease the overall project budget can be processed via regular modification request. Modifications which change the project scope or decrease the overall project budget will require DHS/FEMA approval and must be requested on the National Priority Project Modification Form. Effectiveness will be evaluated by DHS/FEMA, Cybersecurity and Infrastructure Security Agency, DHS Office of Intelligence and Analysis, DHS Center for Prevention Programs and Partnerships, and/or other DHS components, as appropriate. FEMA will determine whether the proposed approach is clear, logical, and reasonable to address the priority areas of interest and contribute to a culture of national preparedness, based on the following four factors: • Investment Strategy (40%): Projects will be evaluated based on the quality and extent to which the strategy effectively demonstrates supporting the program objective of preventing, preparing for, protecting against, and responding to acts of terrorism, to meet its target capabilities, and otherwise reduce the overall risk to the high-risk urban area, the state, or the nation. • Budget (20%): Projects will be evaluated based on the extent to which a budget plan for each investment demonstrates how grant expenditures maximize cost effectiveness. 7 Section 2 ‒ Federal Changes and Initiatives | 2023 FY 2023 National Priorities Cont. • Impact/Outcomes (40%): Projects will be evaluated on how this investment helps the jurisdiction close capability gaps identified in its Stakeholder Preparedness Review and addresses NPs outlined in the FY 2023 NOFO. Further, projects will be evaluated on their identification and estimated improvement of core capability(ies), the associated standardized target(s) that align with their proposed investment, and the ways in which improvements are measured and/or evaluated. • Past Performance (additional consideration): Projects will be evaluated based on the Subrecipient’s demonstrated capability to execute the proposed investments. Under this factor, FEMA will consider the information provided by the Subrecipient and may also consider relevant information from other sources. A detailed description of allowable investments for each NP is included in the FY 2023 HSGP NOFO (Section A). National Campaigns and Programs Whole Community Preparedness – Subrecipients should engage with the whole community to advance individual and community preparedness and to work as a nation to build and sustain resilience. In doing so, Subrecipients are encouraged to consider the needs of individuals with access and functional needs and limited English proficiency in the activities and projects funded by the grant. Subrecipients should utilize established best practices for whole community inclusion and engage with stakeholders to advance individual and jurisdictional preparedness and resilience. Subrecipients are encouraged to consider the necessities of all Californians in the activities and projects funded by the grant, including children, seniors, individuals with disabilities or access and functional needs, individuals with diverse culture and language use, individuals with lower economic capacity, and other underserved populations. 8 Section 2 ‒ Federal Changes and Initiatives | 2023 National Campaigns and Programs Cont. Active Shooter Preparedness – DHS developed a comprehensive Active Shooter Preparedness website, which strives to enhance national preparedness through a whole-community approach by providing the necessary products, tools, and resources to help all stakeholders prepare for and respond to an active shooter incident. Subrecipients are encouraged to review the referenced active shooter resources and evaluate their preparedness needs. Soft Targets and Crowded Places – States, territories, UAs, and public and private sector partners are encouraged to identify security gaps and build capabilities that address security needs and challenges related to protecting locations or environments that are easily accessible to large numbers of people on a predictable or semi- predictable basis that have limited security or protective measures in place, including town centers, shopping malls, open-air venues, outside hard targets/venue perimeters, and other places of meeting and gathering. For more information, please see DHS’s Hometown Security Program. Community Lifelines – FEMA created Community Lifelines to reframe incident information and impacts using plain language and unity of effort to enable the integration of preparedness efforts, existing plans, and identifies unmet needs to better anticipate response requirements. Additional information may be found at the Community Lifelines Implementation Toolkit website. Strategic Framework for Countering Terrorism and Targeted Violence – DHS adopted the DHS Strategic Framework for Countering Terrorism and Targeted Violence which explains how the department will use the tools and expertise that have protected and strengthened the country from foreign terrorist organizations to address the evolving challenges of today. 9 Section 2 ‒ Federal Changes and Initiatives | 2023 National Campaigns and Programs Cont. Countering Violent Extremism (CVE) Training - Foreign terrorist groups and individual terrorist thought leaders recruit or inspire Westerners to carry out attacks against western and U.S. targets, including individuals living in communities with the U.S. via, but not limited to, print, video, and social media, as well as through personal interaction. But we also know that violent extremism is not a phenomenon restricted solely to one community and that any effort to counter violent extremism must be applicable to all ideologically motivated violence. Efforts to provide information and training regarding CVE should emphasize the strength of local communities’ approach. National Cybersecurity Review The National Cybersecurity Review (NCSR) is a required assessment for all Subrecipients of State Homeland Security Program (SHSP) and Urban Areas Security Initiative (UASI) funding to be completed between October and February 2024. The NCSR is a no-cost, anonymous, and annual self- assessment designed to measure gaps and capabilities of state, local, tribal, territorial, nonprofit, and private sector agencies’ cybersecurity programs. Additionally, FEMA recognizes that some subawards will not be issued until after the NCSR has closed. In these cases, Subrecipients will be required to complete the first available NCSR offered after the subaward has been issued by Cal OES. The Chief Information Officer (CIO), Chief Information Security Officer (CISO), or equivalent should complete the NCSR. If there is no CIO or CISO, the most senior cybersecurity professional should complete the assessment. Additional information may be found in IB 439 and 429a. NIMS Implementation Prior to the allocation of any federal preparedness awards, Subrecipients must ensure and maintain the adoption and implementation of the National Incident Management System (NIMS). 10 Section 2 ‒ Federal Changes and Initiatives | 2023 Law Enforcement Terrorism Prevention Activities At least 35% of the grant funding under SHSP and UASI must be dedicated to Law Enforcement Terrorism Prevention Activities (LETPA). This required LETPA allocation can be from SHSP, UASI, or both and may be met by funding projects in any combination of the six NPAs and any other investments. Allowable expenditures can be found in the authorizing legislation, Preparedness Grants Manual, Information Bulletin (IB) No. 473 Supplemental Guidance for LETPA Expenditures, the National Prevention Framework, and National Protection Framework. For an activity to be counted towards the LETPA requirement, it must have a law enforcement terrorism prevention nexus. If an activity is listed in the authorizing legislation or can be directly tied to a capability in the National Prevention Framework or shared capability in the National Protection Framework, then it is presumed to have law enforcement nexus and be a LETPA. For all other claimed activities, nexus to law enforcement and terrorism prevention must be clearly explained. Refer to IB 485 - FY23 LETPA Supplemental Guidance to the NOFO for further direction on how to account for LETPA activities, best practices for submitting LETPA investments, and information on how to distinguish LETPA from other activities . Management and Administration The Management and Administration (M&A) allowance for Subrecipients is set at a maximum of 5% for FY 2023 HSGP. Indirect Costs Indirect costs are allowable under the FY 2023 HSGP Grant Award. Subrecipients with an indirect cost rate approved by their cognizant federal agency may claim indirect costs based on the established rate. Indirect costs claimed must be calculated using the base approved in the indirect cost negotiation agreement. A copy of the approved negotiation agreement is required at the time of application. 11 Section 2 ‒ Federal Changes and Initiatives | 2023 Indirect Costs Cont. Indirect costs are in addition to the M&A allowance and must be included in the Grant Award application as a “Project” and reflected in the FMFW on the Indirect Cost Tab if being claimed under the award. Indirect costs must be claimed no more than once annually, and only at the end of the Subrecipient’s fiscal year. An exception to this rule applies if there is a mid-year change to the approved indirect cost rate; in this case, costs incurred to date must be claimed. At that time, a Grant Subaward Modification reflecting the rate change must also be submitted to Cal OES, along with a copy of the new Indirect Cost Rate Agreement. Organization Costs – Overtime Operational overtime costs are allowable for increased security measures at critical infrastructure sites if associated with detecting, deterring, disrupting, and preventing acts of terrorism and other catastrophic events. Pursuant to page A-4 of the Preparedness Grants Manual, all operational overtime requests must clearly explain how the request meets the criteria of one or more of the categories listed in Table 2: Authorized Operational Overtime Categories. Requests must address the threat environment as it relates to the event or activity requiring operational overtime support and explains how the overtime activity is responsive to the threat. Post-event operational overtime requests will only be considered on a case-by-case basis, where it is demonstrated exigent circumstances prevented submission of a request in advance of the event or activity. Requests for overtime costs must be submitted to Cal OES via Allowability Request Log (ARL) Form at the time of application, if the activity will occur within one year of the final application submission. All subsequent requests must be submitted at least 60 days in advance of the activity. All operational overtime costs must be formally pre- approved in writing by DHS/FEMA. 12 Section 2 ‒ Federal Changes and Initiatives | 2023 Personnel Cap Pursuant to 6 U.S.C. § 609(b), SHSP and UASI funds may be used for personnel costs, totaling up to 50 percent of each fund source. A Subrecipient may request this requirement be waived by DHS/FEMA, via Cal OES. Requests for personnel cap waivers must be submitted separately for each fund source in writing to the Program Representative on official letterhead, with the following information: • Documentation explaining why the cap should be waived; • Conditions under which the request is being submitted; and • A budget and method of calculation of personnel costs both in percentages of the Grant Award and in total dollar amount (waivers must be calculated separately for SHSP and UASI, outlining salary, fringe benefits, and any M&A costs). Subrecipient requests to exceed the personnel cap must be received by Cal OES at the time of application. Subaward modifications impacting the personnel cap will be reviewed on a case-by-case basis and may require the submittal of the above-mentioned information. Please see IB 421b for more information on the waiver process. Equipment Typing/ Identification and Use Allowable HSGP equipment is listed on the FEMA Authorized Equipment List (AEL) website. Subrecipients that allocate HSGP funds towards equipment are required to type and identify the capability associated with that equipment. The FEMA Resource Typing Library Tool (RTLT) can be used to help determine the type and capability. Per FEMA policy, the purchase of weapons and weapon accessories are not allowed with HSGP funds. Special rules apply to pharmaceutical purchases, medical countermeasures, and critical emergency supplies; refer to page A-10 of the FEMA Preparedness Grants Manual for additional information. 13 Section 2 ‒ Federal Changes and Initiatives | 2023 Equipment Typing/ Identification and Use Cont. Expenditures for general purpose equipment are allowable if they align to and support one or more core capabilities identified in the NPG, and in addition, are deployable/sharable through the Emergency Management Assistance Compact and allowable under 6 U.S.C. § 609. Refer to the NOFO and Preparedness Grants Manual for examples of allowable general-purpose equipment. Equipment Maintenance/ Sustainment Use of HSGP funds for maintenance contracts, warranties, repair or replacement costs, upgrades, and user fees are allowable as described in FEMA IBs 336 and 379, as well as Grant Programs Directorate (GPD) Policy FP-205-402-125-1. Emergency Communications Projects All Subrecipient emergency communications projects must comply with the SAFECOM Guidance on Emergency Communications Grants and describe in their FMFW how such activities align with the goals of the Statewide Communications Interoperability Plan. Telecom Equipment and Services Prohibitions Effective August 13, 2020, section 889(f)(2)-(3) of the John S. McCain National Defense Authorization Act for FY 2019 (NDAA) and 2 C.F.R. § 200.216, 200.471, and Appendix II to 2 C.F.R. Part 200 prohibit DHS/FEMA Recipients and Subrecipients (including their contractors and subcontractors) from using any FEMA funds under open or new awards for the following telecommunications equipment or services: 1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, (or any subsidiary or affiliate of such entities); 2) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); 3) Telecommunications or video surveillance services provided by such entities or using such equipment; or 14 Section 2 ‒ Federal Changes and Initiatives | 2023 Telecom Equipment and Services Prohibitions Cont. 4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the People’s Republic of China. Additional guidance is available in FEMA Policy #405-143- 1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services Prohibited and Controlled Equipment Effective May 25, 2022, Executive Order (EO) 14074, Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety, Section 12(a) of EO 14074 directs the Department of Homeland Security (DHS) to review its grant programs and, consistent with applicable law, prohibits the use of grant funding to purchase certain types of military equipment by state, local, tribal, and territorial law enforcement agencies (LEAs). For all awards issued on or after January 1, 2023, The policy directly prohibits certain types of equipment outright (prohibited equipment), whereas other types of equipment may be controlled, or LEAs are required to submit certifications prior to purchase. Even if equipment is listed as controlled equipment and is not outright prohibited, that does not automatically make it allowable under a particular FEMA program. Recipients and Subrecipients should refer to applicable program guidance or contact your Program Representative to determine if a particular type of equipment is allowable under that program. Additional information regarding Prohibited and Controlled Equipment is available on FEMA Policy 207-22-0002. 15 Section 2 ‒ Federal Changes and Initiatives | 2023 Small Unmanned Aircraft Systems All requests to purchase Small Unmanned Aircraft Systems (SUAS) with FEMA grant funding must comply with FEMA Policy 207-22-0002 and include copies of the policies and procedures in place to safeguard individuals’ privacy, civil rights, and civil liberties of the jurisdiction that will purchase, take title to, or otherwise use the SUAS equipment. The Authorized Equipment Listing for 03OE-07-SUAS details questions that must be included in the Aviation Request justification. Reference the Presidential Memorandum: Promoting Economic Competitiveness While Safeguarding Privacy, Civil Rights, and Civil Liberties in Domestic Use of Unmanned Aircraft Systems for additional information. FEMA approval is required before a SUAS can be purchased with HSGP grants funds. Emergency Operations Plans Subrecipients should update their Emergency Operations Plan (EOP) at least once every two years to remain compliant with the Comprehensive Preparedness Guide 101 version 2.0. Conflict of Interest To eliminate and reduce the impact of conflicts of interest in the subaward process, Subrecipients and pass-through entities must follow their own policies and procedures regarding the elimination or reduction of conflicts of interest when making subawards. Subrecipients and pass- through entities are also required to follow any applicable federal, state, local, and tribal statutes or regulations governing conflicts of interest in the making of subawards. Subrecipients must disclose to their Program Representative, in writing, any real or potential conflict of interest as defined by the federal, state, local, or tribal statutes or regulations, which may arise during the administration of the HSGP subaward within five days of learning of the conflict of interest. 16 Section 2 ‒ Federal Changes and Initiatives | 2023 Build America, Buy America Act (BABAA) Under FEMA financial assistance programs, the BABAA requirements apply to: • New awards made on or after January 2, 2023, • New funding that FEMA obligates to existing awards or through renewal awards on or after January 2, 2023; and • Infrastructure projects. Funds provided under this program may not be used for a project for infrastructure unless the iron and steel, manufactured products, and construction materials used in that infrastructure are produced in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Additionally, the Buy America preference does not apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. When necessary, Subrecipients may apply for a waiver from these requirements. Additional information regarding the BABAA can be found on FEMA’s website under Buy America Preference Buy America Preference. 17 Section 3 ‒ State Changes and Initiatives | 2023 FY 2023 Investments The State prioritized the following investment strategies for the FY 2023 subawards: 1. Enhance Information and Intelligence Sharing and Cooperation with Federal Agencies, including DHS (National Priority); 2. Enhance the Protection of Soft Targets/Crowded Places (National Priority); 3. Enhance Cybersecurity (National Priority); 4. Enhancing Community Preparedness and Resilience (National Priority); 5. Combating Domestic Violent Extremism (National Priority); 6. Strengthen Emergency Communications Capabilities Through Planning, Governance, Technology, and Equipment; 7. Enhance Medical and Public Health Preparedness; 8. Strengthen Information Sharing and Collaboration (non- Fusion Center); 9. Enhance Multi-Jurisdictional/Inter-Jurisdictional All- Hazards/Whole Community Incident Planning, Response & Recovery Capabilities; 10. Protect Critical Infrastructure and Key Resources (includes Food and Agriculture); and 11. Enhance Election Security (National Priority). 18 Section 3 ‒ State Changes and Initiatives | 2023 California Homeland Security Strategy Goals The State prioritized the following California Homeland Security Strategy Goals for the FY 2023 subawards: 1. Enhance Information Collection, Analysis, and Sharing, in Support of Public Safety Operations Across California; 2. Protect Critical Infrastructure and Key Resources from All Threats and Hazards; 3. Strengthen Security and Preparedness Across Cyberspace; 4. Strengthen Communications Capabilities through Planning, Governance, Technology, and Equipment; 5. Enhance Community Preparedness; 6. Enhance Multi-Jurisdictional/Inter-Jurisdictional All- Hazards Incident Catastrophic Planning, Response, and Recovery Capabilities; 7. Improve Medical and Health Capabilities; 8. Enhance Incident Recovery Capabilities; 9. Strengthen Food and Agriculture Preparedness; and 10.Enhance Homeland Security Exercise, Evaluation, and Training Programs. State Initiative Funding For FY 2023, Cal OES shall retain 20% of the SHSP and 18.5% of the UASI funding for state initiatives. “On Behalf Of” Cal OES may, in conjunction with local approval authorities, designate funds “on behalf of” local entities who choose to decline or fail to utilize their subaward in a timely manner. Public Alert and Warning Cal OES encourages Subrecipients to consider the use of this funding to assist their jurisdiction’s alignment with the State of California Alert and Warning Guidelines, developed pursuant to Senate Bill 833 of the 2018 Legislative Session. 19 Section 4 ‒ Required State Application Components | 2023 Financial Management Forms Workbook The FY 2023 Cal OES FMFW includes: Grant Subaward Face Sheet – Use the Grant Subaward Face Sheet to apply for grant programs. The Grant Subaward Face Sheet must be signed and submitted in portrait format. An active UEI# (Formerly DUNS#) is required. UEI registration information is available sam.gov. Authorized Body of 5 – Provide the contact information of Authorized Agents (AA), delegated via the Governing Body Resolution (GBR) or Signature Authorization Form, including staff related to grant activities. More than one person is recommended for designation as the AA; in the absence of an AA, an alternate AA can sign requests. Project Ledger – The project ledger is used in the application process to submit funding information and is used for submitting cash requests, Grant Subaward Modifications, and assists with the completion of the Biannual Strategy Implementation Report (BSIR). Planning Tab – Provides detailed information on grant-funded planning activities with a final product identified. Organization Tab – Provides detailed information on grant-funded organizational activities. Equipment Tab – Detailed information must be provided under the equipment description for all grant-funded equipment. AEL numbers must be included for all items of equipment. Always refer to the AEL for a list of allowable equipment and conditions, if any. Training Tab – Provides detailed information on grant-funded training activities. All training activities must receive Cal OES approval prior to starting the event, including a Training Feedback number. The Training Request Form must be submitted and approved to obtain a Training Feedback number and should be submitted at least 30 days in advance. Exercise TAB – Provides detailed information on grant-funded exercises. M&A Tab – Provides information on grant-funded M&A activities. 20 Section 4 ‒ Required State Application Components | 2023 Financial Management Forms Workbook Cont. Indirect Costs Tab – Provides information on indirect costs. Consultant-Contractor Tab – Provides detailed information on grant-funded consultants and contractors. Authorized Agent Page – The AA Page must be submitted with the application, all cash requests, and Grant Subaward Modifications. The AA Page must include a valid signature on file with Cal OES and the date. Subrecipient Grants Management Assessment Per 2 C.F.R. § 200.332, Cal OES is required to evaluate the risk of non-compliance with federal statutes, regulations, and grant terms and conditions posed by each Subrecipient of pass- through funding. The Subrecipient Grants Management Assessment Form contains questions related to an organization’s experience in the management of federal grant awards. It is used to determine and provide an appropriate level of technical assistance, training, and grant oversight to Subrecipients during the subaward. The questionnaire must be completed and returned with the grant application. Application Attachments Federal Funding Accountability and Transparency Act (FFATA) Financial Disclosure – Use the FFATA Financial Disclosure Form to provide the information required by the Federal Funding Accountability and Transparency Act of 2006. Certification Regarding Lobbying – Use the Certification Regarding Lobbying Form to certify lobbying activities, as stipulated by the Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352. Intelligence Analysts Certificates – Pursuant to the Preparedness Grants Manual, Cal OES must have certificates for completion of training for fusion center analytical personnel. Please provide copies of certificates for each intelligence analyst, if applicable. UASI Footprint (UASIs Only) – The Urban Area Working Group (UAWG) establishes the ‘footprint’ of the UA. A map or list defining the footprint must be included with the application. UAWG Member Roster (UASIs Only) – A list of all current UAWG members with positions or titles. 21 Section 4 ‒ Required State Application Components | 2023 Indirect Cost Rate Agreement – If claiming indirect costs at a federally-approved rate, please provide a copy of the approved indirect cost rate agreement. Standard Assurances The Standard Assurances list the requirements to which the Subrecipients will be held accountable. All Applicants will be required to submit a signed, original of the FY 2023 Standard Assurances as part of their FY 2023 HSGP application. The required Standard Assurances can be found only in PDF format on the Cal OES website. NOTE: Self-created Standard Assurances will not be accepted. Operational Areas and Urban Areas Governing Body Resolution – The GBR appoints AAs (identified by the individual’s name or by a position title) to act on behalf of the governing body and the Applicant by executing any actions necessary for each application and subaward. All Applicants are required to submit a copy of an approved GBR with their grant application. Resolutions may be valid for up to three grant years given the following: • The resolution identifies the applicable grant program (e.g., EMPG and/or HSGP); • The resolution identifies the applicable grant years, (e.g., FY 2023, FY 2024, FY 2025; and • Adheres to any necessary elements required by local protocols, rules, etc., if applicable. Resolutions that only identify a single grant program will only be valid for that single program. Resolutions that do not identify applicable grant years will only be valid for the grant year in which the resolution was submitted. Authorized Agent Information – For each person or position appointed by the governing body, identify the individual in the Authorized Body of 5 ledger of the FMFW. All changes in AA and contact information must be provided to Cal OES in writing. If the GBR identifies the AA by name, a new Resolution is needed when changes are made. If the GBR identifies the AA by position and/or title, changes may be made by submitting a request on the entity’s letterhead, signed by an existing AA. Cal OES will not accept signatures of an AA’s designee, unless authorized by the GBR. A change to an AA's 22 Section 4 ‒ Required State Application Components | 2023 designee must be submitted on agency letterhead and signed by the AA, announcing the change to their designee. Operational Areas Only Approval Authority Body – OAs must appoint an Anti-Terrorism Approval Body (Approval Authority) to have final approval of the OA’s application for HSGP funds. Each member of the Approval Authority must provide written agreement with the OA’s application for HSGP funds. The Approval Authority shall consist of the following representatives, and additional voting members may be added by a simple majority vote of the following standing members: • County Public Health Officer or designee responsible for Emergency Medical Services • County Fire Chief or Chief of Fire Authority • Municipal Fire Chief (selected by the OA Fire Chiefs) • County Sheriff • Chief of Police (selected by the OA Police Chiefs) Urban Areas Only Urban Area Working Groups – Membership in the UAWG must provide either direct or indirect representation for all relevant jurisdictions and response disciplines (including law enforcement, fire service, EMS, hospitals, public health, and emergency management) that comprise the defined UA. It also must be inclusive of local Citizen Corps Council and tribal representatives. The UAWG should also ensure the integration of local emergency management, public health, and health care systems into a coordinated sustained local capability to respond effectively to a mass casualty incident. Additional group composition criteria are found in the FEMA Preparedness Grants Manual. Threat Hazard Identification and Risk Assessment – Subrecipients are required to submit a THIRA for all 32 core capabilities. Beginning in 2019, UAs are required to submit a THIRA every three years. An annual capability assessment will still be required. Stakeholder Preparedness Review – The SPR is an annual grant requirement for all states, territories, and UAs. It is an annual capability assessment, which helps jurisdictions identify capability gaps and prioritize investment requirements to reach the targets set in their THIRA. 23 Section 4 ‒ Required State Application Components | 2023 Fusion Centers Only All fusion center investments must align to, and reference, specific performance areas of the assessment that the funding is intended to support. Fusion Centers are also required to follow all Reporting and Administrative Metrics for California Fusion Centers, as set forth in the Governor’s Homeland Security Advisor/Cal OES Director’s letter dated March 16, 2016. These operational and administrative metrics set forth an integrated and coordinated approach for regular and proactive information and intelligence sharing between all fusion centers in the California State Threat Assessment System (STAS). State Agencies and Tribes Only State Agencies, and federally recognized tribes may submit the Signature Authorization Form in lieu of a GBR, signed by the most senior ranking official, such as the Secretary, Director, President, Chancellor, or Chairperson. 24 Section 5 ‒ State Application Process | 2023 Application Submission Subrecipients must submit an electronic copy of their completed FMFW to their Program Representative for review. After the application is approved, a completed copy of the FMFW, along with all other application components must be submitted, with official signatures, by the application due date. During the application process, if it is determined not all allocated funds can be expended by the end of the period of performance, please inform a Program Representative as soon as possible. The completed application should be received by Cal OES no later than the date provided in the FY 2023 HSGP Timeline, referenced as Attachment B. Late or Incomplete Application Late or incomplete applications may be denied. If an application is incomplete, the Program Representative may request additional information. Requests for late submission of applications must be made in writing to the Program Representative prior to the application due date. Cal OES has sole discretion to accept or reject a late or incomplete grant application. HSGP Contact Information All Subrecipient application materials, questions, comments, and correspondence should be directed to: California Governor’s Office of Emergency Services ATTN: Grants Management (Building F) Homeland Security Grants Unit 3650 Schriever Avenue Mather, CA 95655 Darlene Arambula (916) 845-8427 Christopher Camacho (916) 845-8789 Laura Halverstadt (916) 845-8899 Antoinette Johnson (916) 845-8260 Jim Lane (916) 845-8428 Tyrone Freeman (916) 328-7750 Abigayle Tirapelle (916) 845-8400 The Program Representative Regional Assignments Map is available at the Cal OES website under “Regional Assignments”. 25 Section 5 ‒ State Application Process | 2023 Subaward Approval Subrecipients will receive a formal notification of award no later than 45 days after Cal OES accepts the federal grant award. The award letter must be signed, dated, and returned to Cal OES within 20 calendar days. Once the completed application, along with the signed award letter, is received and approved, reimbursement of eligible subaward expenditures may be requested using the Cal OES FMFW. 26 Section 6 ‒ Post Award Requirements | 2023 Payment Request Process To request an advance or cash reimbursement of HSGP funds, Subrecipients must first complete a payment request using the Cal OES HSGP FMFW, returning it to the appropriate Program Representative. Subrecipients who fail to follow the workbook instructions may experience delays in processing the payment request. Payments can only be made if the Subrecipient has an approved application. Advances and Interest Earned on Advances An Advance payment is a payment that is requested before Subrecipients have disbursed the funds for program purposes. Subrecipients may be paid an advance, provided they maintain a willingness and ability to maintain procedures to minimize the time elapsing between the receipt of funds and their disbursement. The timing and amount of advance payments must be as close as administratively feasible to the actual disbursements by the Subrecipient for project costs. Federal rules require advances to be deposited in interest- bearing accounts. Interest earned amounts up to $500 per year may be retained by Subrecipients for administrative expenses; any additional interest earned on federal advance payments must be returned annually to Cal OES. Semi-Annual Drawdown Requirements All Subrecipients must report expenditures and request funds at least semi-annually throughout the period of performance. Semi-annual drawdowns should occur by March and October of each calendar year following final approval of the subaward application, except for the final cash request, which must be submitted within 20 calendar days after the end of the period of performance. Modifications Post-award budget and scope modifications must be requested using the Cal OES HSGP FMFW v1.23, signed by the Subrecipient’s AA, and submitted to the Program Representative. The Subrecipient may implement grant modification activities, and incur associated expenses, only after receiving written final approval of the modification from Cal OES. 27 Section 6 ‒ Post Award Requirements | 2023 Modifications Cont. Subrecipients must provide a written justification with all modification requests. The justification may be included in the body of the e-mail transmitting the request, or in a document attached to the transmittal e-mail. Please reference GMM 2018-17 for additional information regarding modification requests. Modifications to NP Projects have additional restrictions as indicated below: Modifications which do not change the project scope and do not decrease the overall project budget can be processed via regular modification request. Modifications which change the project scope or decrease the overall project budget will require DHS/FEMA approval and must be requested on the National Priority Project Modification Form. Training Requirements All grant-funded training activities must receive Cal OES approval prior to starting the training event. Cal OES shall allow Subrecipients to develop a “placeholder” for future training conferences when an agenda has not been established at the time Subrecipient applications are due. Please work with a Program Representative and the Training Branch to identify a possible “placeholder” for these types of training activities. When seeking approval of non-DHS/FEMA developed courses, course materials must be submitted with the approval requests. Conditional approvals are not offered. Subrecipients must complete a Training Request Form and submit it electronically to the Cal OES Training Branch to be approved with a Training Feedback Number before beginning any training activities. This includes project components like travel to, materials for, or attendance in training courses. Training Feedback Numbers should be obtained no later than 30 days before the first day of the training or related activities. Requests that are submitted with less than 30 days prior to the start of the training or activity are not guaranteed to be approved in time and run the risk of training being unallowable. Training Feedback numbers must 28 Section 6 ‒ Post Award Requirements | 2023 Training Requirements Cont. be included on the FMFW Training Ledger to be considered for reimbursement. For more information on this or other training-related inquiries, contact the Cal OES Training Branch at (916) 845-8745 or Training@CalOES.ca.gov. Exercises, Improvement Plans, and After- Action Reporting Subrecipients should engage stakeholders to identify long- term training and exercise priorities. These priorities should address capability targets and gaps identified through the THIRA and SPR process, real-world events, previous exercises, and national areas for improvement identified in the NPR. Subrecipients must report on all exercises conducted with HSGP grant funds. An After-Action Report (AAR)/Improvement Plan (IP) or Summary Report (for Seminars and Workshops) must be completed and submitted to Cal OES within 90 days after exercise/seminars/workshops are conducted. It is acceptable to submit an Exercise Summary Report for Seminars and Workshops in lieu of a full AAR/IP. Please e-mail AAR/IPs and Summary Reports to: • hseep@fema.dhs.gov • exercise@caloes.ca.gov • christopher.camacho@caloes.ca.gov For exercise-related issues and/or questions, please email the Cal OES Exercise Team at exercise@caloes.ca.gov. Exercise costs will not be considered for reimbursement until an AAR/IP is received by Cal OES. Procurement Standards and Written Procedures Subrecipients must conduct procurement using documented local government procurement procedures, or the federal procurement standards found in 2 C.F.R. Part 200, whichever are more strict. Subrecipients must also have written conflict of interest policies governing the actions of its employees engaged in the selection, award and administration of contracts, including disciplinary actions for violations of such standards. 29 Section 6 ‒ Post Award Requirements | 2023 Procurement Thresholds Effective June 20, 2018, the micro-purchase threshold was increased from $3,500 to $10,000 and the simplified acquisition threshold was increased from $150,000 to $250,000. These increases apply to all Subrecipient procurements executed on or after June 20, 2018. Refer to IB 434 for additional information. Procurement Documentation Non-federal entities, other than states and territories, are required to maintain and retain records sufficient to detail the history of procurements, covering at least the rationale for the procurement method, contract type, contractor selection or rejection, and the basis for the contract price. For any cost to be allowable, it must be adequately documented. Examples of the types of documents that would meet this requirement include, but are not limited to: • Solicitation documentation, such as requests for quotes, invitations for bids, or requests for proposals; • Responses to solicitations, such as quotes, bids, or proposals; • Pre-solicitation independent cost estimates and post- solicitation cost/price analyses on file for review by federal personnel, if applicable; • Contract documents and amendments; • Documents demonstrating inclusion of required contract provisions; and • Other documents required by federal regulations applicable at the time the grant was awarded to the Subrecipient. Noncompetitive Procurement All noncompetitive procurements exceeding the simplified acquisition threshold requires Cal OES prior written approval to be eligible for reimbursement. This method of procurement must be approved by the local Purchasing Agent prior to submitting a request for Cal OES approval. A copy of the Purchasing Agent’s approval must be included with the Cal OES Request for Noncompetitive Procurement Authorization form. Cal OES may request additional documentation that supports the procurement effort. 30 Section 6 ‒ Post Award Requirements | 2023 Noncompetitive Procurement Cont. Cal OES will not reimburse for any noncompetitive procurement contracts for any HSGP terrorism-related training, regardless of the cost of the training. Exceptions to this policy may be approved in limited circumstances, e.g., related to a procurement effort that has resulted in inadequate competition. Please refer to GMM2017-01A and GMM2021-05 for additional guidance. Performance Bond Due to the risks associated with delays in vendor delivery of large equipment procurements, DHS/FEMA allows Subrecipients to obtain a “performance bond” for items that are paid for up front to ensure delivery of the equipment within the grant period of performance. Cal OES requires Subrecipients to obtain a performance bond when procuring any equipment item over $250,000, or for any vehicle, aircraft, or watercraft that requires full or partial payment prior to receiving the final product(s). Performance Bond Waivers may be granted on a case-by- case basis and must be submitted to Cal OES prior to procurement. Environmental Planning and Historic Preservation (EHP) DHS/FEMA is required to ensure all activities and programs that are funded by the agency comply with federal Environmental Planning and Historic Preservation (EHP) regulations. Subrecipients proposing projects or activities (including, but not limited to, training, exercises, the installation of equipment, and construction or renovation projects) that have the potential to impact the environment, or a historic structure must participate in the EHP screening process. EHP Screening Memos must include detailed project information, explain the goals and objectives of the proposed project, and include supporting documentation. DHS/FEMA may also require the Subrecipient to provide a confidential California Historical Resources Information System (CHRIS) report in addition to the EHP Screening Form. Determination on the necessity of a CHRIS report is based upon information disclosed on the form. Program Representatives will provide additional instructions should this report be required. 31 Section 6 ‒ Post Award Requirements | 2023 Environmental Planning and Historic Preservation (EHP) Cont. EHP Screening Requests should be submitted to Cal OES as early as possible. All projects/activities triggering EHP must receive DHS/FEMA written approval prior to commencement of the funded activity. Updated information may be referenced in the FEMA GPD EHP Policy Guidance. Construction and Renovation When applying for construction activity at the time of application, including communication towers, Subrecipients must submit evidence of approved zoning ordinances, architectural plans, any other locally required planning permits, and a notice of federal interest. Additionally, Subrecipients are required to submit an SF-424C Budget and Budget Detail that cites project costs. Communication tower construction requests also require evidence that the Federal Communications Commission’s Section 106 review process was completed. Subrecipients using funds for construction projects must comply with the Davis-Bacon Act. Subrecipients must ensure that their contractors or subcontractors for construction projects pay workers no less than the prevailing wages for laborers and mechanics employed on projects of a character like the contract work in the civil subdivision of the state in which the work is to be performed. Project construction using SHSP and UASI funds may not exceed $1,000,000 or 15% of the grant subaward (for the purposes of limitations on funding levels, communications towers are not considered construction). Written approval for construction must be provided by DHS/FEMA prior to the use of any HSGP funds for construction or renovation. No construction activities (including site preparation, utility installations, and any groundbreaking activities) or equipment installations on existing structures, may begin until the EHP review process is complete. 32 Section 6 ‒ Post Award Requirements | 2023 Inventory Control and Property Management Subrecipients must use standardized resource management concepts for resource typing and credentialing, in addition to maintaining an inventory by which to facilitate the effective identification, dispatch, deployment, tracking, and recovery of resources. Subrecipients must have an effective inventory management system, to include: • Property records that document description, serial/ID number, fund source, title information, acquisition date, cost, federal cost share, location, use, condition, and ultimate disposition; • A physical inventory conducted at least every two years; • A control system to prevent loss, damage, and theft of grant purchased equipment and supplies; and • Adequate maintenance procedures to keep the property in good condition. Equipment Disposition When original or replacement equipment acquired under the HSGP is no longer needed for program activities, the Subrecipient must contact the Program Representative to request disposition instructions. See 2 C.F.R. § 200.313(e). Performance Reporting Subrecipients must complete a BSIR each Winter and Summer using the DHS/FEMA Grants Reporting Tool (GRT) for the duration of the subaward period of performance or until all grant activities are completed and the subaward is formally closed by Cal OES. Failure to submit a BSIR could result in subaward reduction, suspension, or termination. Access to the BSIR may be obtained through the GRT. To create a new account, please click the link that reads, “Register for an account” and follow the instructions provided. The Subrecipient will be required to ensure up-to- date project information is entered. The Project Ledger in the FMFW may assist with the BSIR data entry process. For additional assistance with the GRT, please contact your Program Representative. 33 Section 6 ‒ Post Award Requirements | 2023 Extension Requests Extensions to the initial period of performance identified in the subaward will only be considered through formal, written requests to your Program Representative. Upon receipt of the extension request, Cal OES will: 1. Verify compliance with performance reporting requirements by confirming the Subrecipient has submitted all necessary performance reports; 2. Confirm the Subrecipient has provided sufficient justification for the request; and 3. If applicable, confirm the Subrecipient has demonstrated sufficient progress in past situations where an extension was authorized by Cal OES. Extension requests will be granted only due to compelling legal, policy, or operational challenges, must be project- specific and will only be considered for the following reasons: 1. Contractual commitments with vendors that prevent completion of the project within the period of performance; 2. The project must undergo a complex environmental review which cannot be completed within this timeframe; 3. Projects are long-term by design and therefore, acceleration would compromise core programmatic goals; and 4. Where other special circumstances exist. To be considered, extension requests must be received no later than 60 days prior to the end of the Subrecipient’s period of performance and must contain specific and compelling justifications as to why an extension is required. All extension requests must address the following: 1. Grant program, fiscal year, and award number; 2. Reason for delay; 3. Current status of the activity/activities; 4. Approved period of performance termination date and new project completion date; 5. Amount of funds drawn down to date; 6. Remaining available funds, both federal and non-federal; 34 Section 6 ‒ Post Award Requirements | 2023 Extension Requests Cont. 7. Budget outlining how remaining federal and non-federal funds will be expended; 8. Plan for completion, including milestones and timeframes for each milestone and the position/person responsible for implementing the plan for completion; and 9. Certification the activity/activities will be completed within the extended period of performance without any modification to the original Project Scope. General questions regarding extension requirements and the extension request form, should be directed to your Program Representative. For additional information, please see IB 379. Extension requests for personnel and salaries do not meet the requirements of IB 379 and will not be granted. Subrecipients are expected to complete all grant-funded personnel activities by the end of the subaward period of performance. Progress Reports on Grant Extensions All Subrecipients that receive Cal OES approval to extend their FY 2023 Grant Subaward period of performance may be required to submit progress reports indicating completed and future project milestones on all extended projects. Progress reports must be submitted electronically to the Subrecipient’s Program Representative. Deadlines for the submission of progress reports will be established at the time of extension approval. Monitoring Cal OES Grants Monitoring actively monitors Subrecipients, through day-to-day communications, programmatic site visits, desk, and on-site compliance assessments. The purpose of the compliance assessment is to ensure Subrecipients are in compliance with applicable state and federal regulations, grant guidelines, and programmatic requirements. Monitoring activities may include, but are not limited to: • Verifying entries recorded on the FMFW categories are properly supported with source documentation; • Eligibility of and support for expenditures, typically covering two to three years of data; • Comparing actual Subrecipient activities to those approved in the grant application and subsequent 35 Section 6 ‒ Post Award Requirements | 2023 Monitoring Cont. modifications, including the review of timesheets and invoices as applicable; • Procurements and contracts; • Ensuring equipment lists are properly maintained and physical inventories are conducted; • Ensuring advances have been disbursed in accordance with applicable guidelines; and • Confirming compliance with Standard Assurances; and • Information provided on performance reports and payment requests NOTE: It is the responsibility of all Subrecipients that pass down grant funds to other entities, to maintain and utilize a formal process to monitor the grant activities of their subawards. This requirement includes, but is not limited to, on-site verification of grant activities, as required. It is common for Subrecipients to receive findings in a programmatic site visit or compliance assessment, which require a Corrective Action Plan (CAP) to be submitted by Subrecipients. Those Subrecipients who fail to submit a CAP, as required, shall have a “hold” placed on any future reimbursements until the “finding” is resolved. Failure to Submit Required Reports Periodic reporting is required by the grant. Subrecipients who miss a single reporting deadline may receive a letter addressed to their Board of Supervisors informing them of the failure to report. County OAs and tribes who fail to report twice consecutively may have subsequent awards reduced by 10% until timely reporting is reestablished; UASIs may have a “hold” placed on any future reimbursements. Suspension/ Termination Cal OES may suspend or terminate grant funding, in whole or in part, or other measures may be imposed for any of the following reasons: Suspension/ • Failure to submit required reports. • Failure to expend funds in a timely manner consistent with the grant milestones, guidance, and assurances. • Failure to comply with the requirements or statutory progress toward the goals or objectives of federal or state law. • Failure to make satisfactory progress toward the goals or objectives set forth in the Subrecipient application. • Failure to follow Grant Subaward requirements or Special Conditions. 36 Section 6 ‒ Post Award Requirements | 2023 Termination Cont. • Proposing or implementing substantial plan changes to the extent that, if originally submitted, the application would not have been selected for funding. • False certification in the application or document. • Failure to adequately manage, monitor, or direct the grant funding activities of their Subrecipients. Before taking action, Cal OES will provide the Subrecipient reasonable notice of intent to impose corrective measures and will make every effort to informally resolve the problem. Closeout Cal OES will close-out Subrecipient awards when it determines all applicable administrative actions and all required work of the federal award have been completed. Subawards will be closed after: • All funds have been requested and reimbursed, or disencumbered; • Receiving all applicable Subrecipient reports indicating all approved work has been completed, and all funds have been distributed; • Completing a review to confirm the accuracy of reported information; • Reconciling actual costs to subawards, modifications, and payments; and • Verifying the Subrecipient has submitted a final BSIR showing all grant funds have been expended. Records Retention The records retention period is three years from the date of the Cal OES Grant Closeout letter, or until any pending litigation, claim, or audit started before the expiration of the three-year retention period has been resolved and final action is taken. For indirect cost rate proposals, cost allocation plans, or other rate computation records, the start of the record retention period is dependent on whether the proposal, plan, or other computation is required to be submitted to the federal government (or to the pass-through entity) for negotiation purposes. See 2 C.F.R. § 200.334(f). In order for any cost to be allowable, it must be adequately documented per 2 C.F.R. § 200.403(g). The Cal OES Grant Closeout Letter will notify the Subrecipient 37 Section 6 ‒ Post Award Requirements | 2023 Records Retention Cont. of the start of the records retention period for all programmatic and financial grant-related records. If the State Administrative Agency’s award remains open after the Subrecipient’s submission of the final BSIR, Cal OES will complete any additional BSIR reporting required under the award on behalf of the Subrecipient. Closed grants may still be monitored and audited. Failure to maintain all grant records for the required retention period could result in a reduction of grant funds, and an invoice to return costs associated with the unsupported activities. If documents are retained longer than the required retention period, FEMA, the DHS Office of Inspector General, Government Accountability Office, and pass-through entity have the right to access these records as well. See 2 C.F.R. §§ 200.334, 200.336. 38 Attachment A ‒ FY 2023 HSGP Allocations | 2023 *SHSP allocations reflect National Priority Area project adjustments State Homeland Security Program (SHSP) Operational Area Total Award Operational Area Total Award ALAMEDA 1,650,795 ORANGE 3,091,413 ALPINE 76,145 PLACER 465,161 AMADOR 113,439 PLUMAS 93,069 BUTTE 267,310 RIVERSIDE 2,398,207 CALAVERAS 117,971 SACRAMENTO 1,578,910 COLUSA 94,168 SAN BENITO 137,459 CONTRA COSTA 1,178,218 SAN BERNARDINO 2,161,778 DEL NORTE 100,963 SAN DIEGO 3,210,706 EL DORADO 256,682 SAN FRANCISCO 878,889 FRESNO 1,039,636 SAN JOAQUIN 823,130 GLENN 102,425 SAN LUIS OBISPO 342,774 HUMBOLDT 203,934 SAN MATEO 785,321 IMPERIAL 246,059 SANTA BARBARA 499,634 INYO 93,103 SANTA CLARA 1,882,403 KERN 942,855 SANTA CRUZ 329,271 KINGS 220,012 SHASTA 247,205 LAKE 126,762 SIERRA 78,080 LASSEN 103,878 SISKIYOU 116,809 LOS ANGELES 9,481,457 SOLANO 501,615 MADERA 225,138 SONOMA 535,157 MARIN 320,277 STANISLAUS 599,128 MARIPOSA 102,042 SUTTER 169,572 MENDOCINO 168,349 TEHAMA 132,940 MERCED 346,225 TRINITY 90,284 MODOC 83,289 TULARE 528,108 MONO 87,762 TUOLUMNE 127,741 MONTEREY 488,715 VENTURA 870,207 NAPA 204,898 YOLO 285,965 NEVADA 171,574 YUBA 153,481 *Total 41,728,498 39 Attachment A ‒ FY 2023 HSGP Allocations | 2023 Fusion Centers Region Total Award SAN FRANCISCO BAY AREA 1,792,050 SACRAMENTO/CENTRAL VALLEY AREA 2,565,000 GREATER LOS ANGELES AREA 2,887,500 SAN DIEGO AREA 2,047,500 ORANGE AREA 835,000 *Total 10,127,050 * SHSP allocations reflect National Priority Area project adjustments Urban Areas Security Initiative (UASI) *A minimum of 30% of UASI funding must be for Law Enforcement Terrorism Prevention Urban Area Federal Allocation to State Allocation to UASI State Initiatives ANAHEIM/SANTA ANA AREA 5,250,000 4,278,750 971,250 BAY AREA 36,493,265 29,742,011 6,751,254 LOS ANGELES/LONG BEACH AREA 66,174,270 53,932,030 12,242,240 RIVERSIDE AREA 3,900,000 3,178,500 721,500 SACRAMENTO AREA 3,800,000 3,097,000 703,000 SAN DIEGO AREA 16,445,560 13,403,131 3,042,429 Total 132,063,095 107,631,422 24,431,673 40 Attachment B ‒ FY 2023 HSGP Timeline | 2023 DHS/FEMA Announcement of 2023 HSGP NOFO February 13, 2023 Cal OES Application Due to DHS May 18, 2023 DHS Award to California September 25, 2023 Subrecipient period of performance begins September 1, 2023 2023 HSGP California Supplement release October 2023 Subrecipient Workshops October 2023 Subrecipient Awards (45 days from DHS award) October 2023 Subrecipient Final Applications for FY23 Due to Cal OES December 29, 2023 Subrecipient period of performance ends May 31, 2026 Final Cash Requests due to Cal OES Within twenty (20) calendar days after end of grant Cal OES’s period of performance ends August 31, 2026 Attachment C: FY 2023 HSGP Application Checklist | 2023 UEI ☐ LETPA 35% or >☐ M&A 5% or <☐ Subrecipient: FIPS#: Program Representative: Financial Management Forms Workbook: ☐ Grant Award Face Sheet ☐ Authorized Body of 5 ☐ Project Ledger ☐ Planning Tab ☐ Organization Tab ☐ Equipment Tab ☐ Training Tab ☐ Exercise Tab ☐ Consultant/Contractor Tab ☐ Management & Administration Tab ☐ Indirect Cost Tab ☐ Authorized Agent Sheet Attachments: ☐ Original Counter-Signed Award Letter ☐ Governing Body Resolution (Certified) ☐ Standard Assurances (Signed Originals) ☐ FFATA Certification ☐ Lobbying Certification ☐ Subrecipient Grant Management Assessment Form ☐ Indirect Cost Rate Negotiation Agreement ☐ Personnel Cap Waiver (If Applicable) ☐ Intelligence Analyst(s) Certificates (If Applicable) UASI Only: ☐ UASI Footprint ☐ UAWG Roster State Agencies and Tribes Only: ☒ Signature Authority Form (in lieu of Governing Body Resolution) For Cal OES Use Only Reviewed by: Date: Management Approval: Date: Agenda Item N AGENDA STAFF REPORT DATE:April 27, 2026 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, City Manager FROM:Shaun Temple, Community Development Director SUBJECT:Amendment 1 to the Professional Services Agreement with ClientFirst Technology Consulting ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7765: 1. Approving Amendment 1 to the Professional Services Agreement with ClientFirst Technology Consulting, for a 12-month extension to expire on June 30, 2027; and, 2. Directing the City Manager to execute Amendment 1 on behalf of the City. BACKGROUND AND ANALYSIS: On April 14, 2025, the Seal Beach City Council approved a Professional Services Agreement (PSA) with ClientFirst Technology Consulting (ClientFirst) to develop a comprehensive five-year Citywide Information Technology (IT) Master Plan (Master Plan) to align with the City’s strategic priorities and improve the technological infrastructure within the City. Since the initiation of the Master Plan, progress has been impacted by unanticipated organizational and resource challenges. Staff resources originally allocated to this effort have been temporarily diverted to address multiple high- priority technology initiatives, including cybersecurity and infrastructure restoration efforts necessary to maintain core City operations. In addition, the departure of the director managing the Master Plan has prompted a restructuring of IT management responsibilities. The transition has required the redistribution of tasks and reassignment of staff resources to ensure continuity of essential IT services during the reorganization process. These circumstances have delayed the timeline initially envisioned for the Master Plan’s completion. Page 2 2 2 4 8 Staff continues to coordinate closely with ClientFirst to maintain progress where possible and to align current efforts with revised staffing and organizational structures. However, additional time is needed to complete the Master Plan. The initial PSA expires June 30, 2026. Amendment 1 would extend the contract expiration date by twelve months, to June 30, 2027. This extension provides a buffer period for the City to evaluate long-term support needs. 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: Amendment 1 represents a time extension only, adequate funding was included in the adopted FY 2025-2026 Annual Budget. STRATEGIC PLAN: This item aligns with the City’s long-term strategic plan. RECOMMENDATION: That the City Council adopt Resolution 7765: 1. Approving Amendment 1 to the Professional Services Agreement with ClientFirst Technology Consulting, for a 12-month extension to expire on June 30, 2027; and, 2. Directing the City Manager to execute Amendment 1 on behalf of the City. SUBMITTED BY: NOTED AND APPROVED: Shaun Temple Patrick Gallegos Shaun Temple, Community Development Director Patrick Gallegos, City Manager Prepared by: Megan Bolton, Management Analyst Kevin Edwards, Information Technology Manager Page 3 2 2 4 8 ATTACHMENTS: A. Resolution 7765 B. Amendment 1 to the Professional Services Agreement with ClientFirst Technology Consulting C. Original Professional Services Agreement with ClientFirst Technology Consulting RESOLUTION 7765 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AND AUTHORIZING AMENDMENT 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH CLIENTFIRST TECHNOLOGY CONSULTING EXTENDING THE DURATION BY TWELVE-MONTHS WHEREAS, the City of Seal Beach (City) and Client First Technology Consulting (Consultant) are parties to that certain Professional Services Agreement dated April 14, 2025, for a five-year Citywide Information Technology (IT) Master Plan (collectively the “Agreement”); and, WHEREAS, the City’s current IT infrastructures are fragmented, resulting in inefficiencies and operational challenges; and, WHEREAS, the Consultant has been instrumental in improving the technological infrastructure within the City; and, WHEREAS, the City and Consultant have determined that additional time is required for continued support services and wish to extend the Term of the Agreement to June 30, 2027. NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine, and order as follows: Section 1. The City of Seal Beach hereby approves Amendment No. 1 to the Professional Services Agreement with Client First Technologies for the IT Master Plan, which extends the Agreement’s term through June 30, 2027. Section 2. The Council hereby directs the City Manager to execute Amendment 1 on behalf of the City. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 27th day of April 2026 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members 1 0 9 8 0 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 7765 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 27th day of April 2026. Gloria D. Harper, City Clerk PROFESSIONAL SERVICES AGREEMENT Amendment No. 1 for Citywide IT Master Plan Services Between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 & ClientFirst Consulting Group, LLC 1250 Corona Pointe Ct., Suite 201 Corona, CA 92879 (951) 739-7989 This Amendment No. 1, dated April 27, 2026, amends that certain agreement (Agreement) made as of April 14, 2025 by and between the City of Seal Beach (City), a California charter city, and ClientFirst Consulting Group, LLC (Consultant), a California Limited Liability Company (collectively, “the Parties”). 2 of 3 RECITALS A. City and Consultant are parties to the Agreement, pursuant to which Consultant provides professional planning services related to the Citywide IT Master Plan. B. City and Consultant wish to amend the Agreement for Consultant to extend the executed document from June 30, 2026, for a 12-month extension to conclude on June 30, 2027 for continued services. AMENDMENT NO. 1 NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows: Section 1. Section 2.0 (Term) of the April 14, 2025 Agreement is hereby amended for a 12-month extension to expire June 30, 2027, to read as follows: The term of this Agreement shall commence on April 15, 2025 and shall remain in full force and effect until June 30, 2027 unless sooner terminated as provided in Section 5.0 of this Agreement. Section 2. All references to the term “Agreement” throughout Sections 1.0 through 35.0 inclusive, of the Agreement are hereby modified to include this Amendment No. 1, dated April 13, 2026, as if all of those terms are fully set forth therein. Section 3. Except as expressly modified or supplemented b y this Amendment No. 1, all other provisions of the Agreement shall remain unaltered and in full force and effect. Section 4. The person executing this Amendment No. 1 on behalf of Consultant warrants that he or she is fully authorized to execute this Amendment No. 1 on behalf of said Party, and that by his or her execution, Consultant 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 Agreement as of the date and year first above written. 3 of 23 City of Seal Beach Master Template Approved: 12/1/2023 2895843 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: ClientFirst Technology Consulting, a California Limited Liability Company By: __________________________ Name: David Krout Its: Managing Partner By: __________________________ Name: Tom Jakobsen Its: Senior Partner (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